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HomeMy WebLinkAbout10092002CITY OF E ASTIAI I HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 9, 2002 - 7:00 P.M. CI'FY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA ~ndividua/s will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Father~allli~,,~ St. Sebastian Catholic Church ROLL CALL .a, GFNDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Certificate of Appreciation to Jim Morris for Construction Board Service 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 9/25/02 Regular Meeting 02.215 B. Authorize the City to Purchase Dinner Tickets for Council Members Attendance to Treasure Coast Council of Local Governments Banquet, November 8, 2002 (City Clerk Transmittal 10/3/02, Invitation) 02.186 5-8 Authorize the Expenditure of $119,135.50 to Asphalt Recycling and $308,545.33 to Dickerson Florida, Inc. for Paving Based on Piggyback Prices from Indian River County Contract (Engineering Transmittal 9/30/02, List) 02.216 9-10 D. Authorize Staff to Appropriate Funds and Award Contract to Flinn Construction in Amount of $13,404. for Restroom Repairs (Engineering Transmittal 10/3/02, bid) 02.217 11-20 Waive Formal Bid Procedures and Approve the Purchase of Gymnastic Equipment in the Amount of $12,914 from Lightning City Gymnastic Equipment (Public Works Transmittal 9/30/02, Quote) 02.218 21-24 Authorize the City Manager or His Designee to Execute Independent Contractor Agreement for Recreational Activities When Necessary (Finance Transmittal 10/2/02, Agreement) 02.007 25-38 Authorize the City Manager to Execute a Cooperative Agreement between the US Fish and Wildlife Service and the City of Sebastian Depicting Various Responsibilities Associated Centennial Celebration (City Manager Transmittal 10/2/02, Agreement) 02.164 39-50 H. Consider the Purchase of Right-of-Way for Jackson Street Project In the Amount of $162,204.00 (GMD Transmittal 10/2/02, Contract) 02.219 51-66 Resolution No. R-02-15 Vacation of Easement - Mulford - Lot 8, Block 339, Unit 13 (GMD Transmittal 10/2/02, R-02-45, Staff Report, Map, Application, Utility Letters) A RESOLUTION OF THE CI'F/OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 8, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02.176 67-68 J. Authorize Change Order 1 to Fishels Contract in the Amount of $9,639.08 to Install Fiber Optic Cable (Finance Transmittal 10/2/02) 02.205 69-70 Authorize Staff to Take Appropriate Measures for Notification to Close Indian River Drive for up to 4 Y2 Days to Install New Crosswalks (Engineering Transmittal 10/3/02) 02.012 71-72 L. Authorize Staff to Close Indian River Drive for Down's Connection Buddy Walk on October 19, 2002 from 9:30 am to 11:00 am (Parks Transmittal) 8. PUBLIC HEARING - none 9. INTRODUCTION OF NEW BUSINESS FROM THE PUBLI~,/tern thatha$ occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up required - limit of 10 minutes each speaker 10. COMMITTEE REPORTS/RECOMMENDATIONS - none 11. OLD BUSINESS 02.124 73-120 02.154 121-128 A. Mandatory vs. Non-mandatory Solid Waste Collection (City Manager Transmittal 10/3/02) B. Code Enforcement Fine and Property Lien RE: 1053 Louisiana Avenue, Sebastian (City Manager Transmittal 10/2/02, Letter ) 12. NEW BUSINESS - none 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 02.220 129-134 A. CR512 Beautification Program CITY CLERK MATFERS 16. CITY COUNCIL MATTERS A. Mr. Majcher B. Mr. Barczyk C. Mr. Coniglio D. Mayor Barnes E. Mr. Hill 17. ADJOURN (All meetings shell adjourn at 10:30 pm unless extended for up to one half hour by a majo~ty vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Schedule for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TV-ER CONSIDERED A T THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2002 City Council Meetings: October 23, 2002 - 7:00 pm - Regular Councg Meeting November 13, 2002 - 7:00 pm - Regular Council Meeting December 11, 2002 - 7:00 pm - Regular Council Meeting City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Annual Treasure Coast Council of local Governments I.Banquet Approved for Sub~i~al~by: Agenda No. L.~2-. 2 I~,C Department Origin: City Clerk General Services: Finance Department: Date Submitted: 10/3/02 ~cr~\ For Agenda of: l0/9/02 Exhibits: TCCIG Memo, Invitation Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT In an effort to exchange ideas and to meet surrounding representatives from Martin, St. Iucie and Okeechobee Counties, an invitation has been extended to members of the Sebastian City Council and Charter Officers to attend the Treasure Coast Council of local Governments Annual Banquet, on Friday November 8, 2002 at ~6:00 p.m. at the Radisson Beach Resort, Fort Pierce. RECOMMENDED ACTION Move to authorize reimbursement to those City Council members and Charter Officers attending the Treasure Coast Council of Local Governments Annual Banquet on Friday, November 8, 2002 at the Radisson Beach Resort, Ft. Pierce. TREASURE COAST COUNCIL of LOCAl, GOVERNrMENTS COUNTIES Indian River Martin Okeechobee St. Lucie CITIES Fort Pierce Indian River Shores Jupiter Island Okeechobee Port St. Lucie 'Sebastian SewalI's Point Vero Beach TO: FROM: DATE: RE: MEMORANDUM Treasure Coast Council of Local Governments Members Sherri .Philo, Administrative Secretary September 23, 2002 TCCLG Banquet Invita~ons Enclosed are the invitations for the banquet. Also included is the reservation form to be sent to me along with their check. Please deliver them to the people that you wouM like to attend Also, I need a list of the State Representatives that.you woul..~d like !q. rece~_..~e an ~h9~ta.tion. If you have any questions, please call me at (772) 978- 4700. ~iJ~, ~ov~m3e~ 8, 2002 2600 ~1~ ~ 6,00 ~.~. ~oM_~o~,~ 7:00p.m. ~in~v CIIY o~ HOM£ OF PELICAN ISLAND 1225 MAIN STREET- SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 City of Sebastian, Florida Subj eot: Road Paving and Recycling of various Roads Apl~oved for~Submittal by: T~er/-r~r~ C~mager AgendaNo. 0~ i ~C~' Departmen~: _E~En~gineering Dept. Head? Finance: ~-~--~ ~ General Services: t'~.,//z.~.~ Date Submitted: 9/30/02 For Agenda of: 10/9/02 Exhibits: List of Proposed Streets EXPENDITURE AMOUNT BUDGETED: REQUIRED: $427,680.83 $ 450,000 APPROPRIATION REQUIRED: SUMMARY The Engineering Department is requesting that several streets in the City located in Unit 1, Unit 10 and in the Riverfront district between US #1 and Indian River Drive be recycled and then paved. Asphalt Recycling has a current contract with the City and has given us a price of $119,135.50, which conforms to their approved contract price of $4.10 SY. Also, we have negotiated with Dickerson Florida Inc,the current asphalt-paving contractor for Indian River Countyjto piggyback their county contract bid prices for paving these streets, at an approximate cost of $308,545.33. The list of streets to be done can be found in your Fiscal year 2003 budget book under the capital projects. RECOMMENDATION Move to authorize the expenditure of $119,135.50 to Asphalt Recycling in accordance with the approved contract prices and authorize the expenditure of $308,545.33 with Dickerson Florida Inc for paving based on piggyback prices from the Indian River County Contract. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary NOTICE TO PROCEED DATE: Se 20O2 TO: Martin The _02313 U.S. Fruitta Area Mana( 441 You are hereby agreed verbally today Agreement 3._Q0 consecutive calendar Therefore, your attention is of $100.00 per day for The Project Ma communication to FisheI's work on September 30, 2002 as Frank Keen, pertaining to the signed greement warrants completion time of the commencement date stated herein. , the Liquidated Damages clause in the amount completion date is late. to this 4eman. Network ManaGer. All substantial ~uid be directed to him. We look f 'd to working with you Paul W ~eral Services Administrator Terrence Moore Mark Mason Thomas Coteman City of Sebastian, Florida Subject: Bid award Flinn Construction Restroom renovations aApprove/d for Submi_t, tal by: Agenda No. /p ~ . Department~n: E_ngineering Dept. Hea~. r~ ~T~. General Services: Date Submitted: 10/03/02 For Agenda of: 10/09/02 Exhibits: Bid Tabulation EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $13,404.00 $ -0- REQUIRED: $13,404. SUMMARY Sealed bids were solicited and received for the repairs to the restroom facilities at Hardee Park, the Barber Street Creative Playground, and the Yacht Club. These repairs are to remedy and complete a number of items (including floors, partitions, doors, locks, and hardware) left incomplete and in unsatisfactory condition by a previous contractor (Camco) that was dismissed from the project for unsatisfactory work. The lowest responsible bidder for these repairs is Flinn Construction of Vero Beach. RECOMMENDATION Move to authorize staff to appropriate funds and award the contract for restroom repairs to Flinn Construction in the amount of $13,404. HOM~, O~ Prr, LIC./kN ~I,AND City of Sebastian, Florida Subject: Gymnastic Equipment Agenda No. ~) 2 · Z / '7 ~l~proved for~---'~al~by: Department Origi~ Public e an ~' ~ypt. Head: Gene~l Se~i~s: Date Submitted: 09/30/02 For Agenda of: 10/09/02 Exhibits: Written Quote EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $12,914. $16,965. REQUIRED: $ 0 SUMMARY The Parks Division of the Public Works Department has received written quotes for recreation equipment to be used at the Sebastian Community Center in conjunction with the City taking over our own recreation programs effective October 1~, 2002. As a result of these solickations, we are requesting a waiver of the formal bidding procedures and a bid award to Lightning City Gymnastic Equipment in Boca Patton, Florida in the amount of $12,914. The equipment now being used for these programs belongs to Indian River County and they will be taking the equipment back to be used at another location for their programs. We are asking that the formal sealed bidding procedures be waived (tack oft'une) because although the county will work with us for a short period of time, a formal sealed bid could take up to six weeks and this does not fit in with their time frame. RECOMMENDATION Move to waive thc formal bid procedures and approve the purchase of gymnastic equipment in the amount of $12,914 from Lightning City Gymnastic Equipment. Lightning City Gymnastics Equipment -- South Florida 561-999-0091 561-716-~522 (Ceilulax) 56i-2-11-28f)2 (Fax) ~t/kga,nl.com (cma/l) Fax Transmission To Chris McCarthy, Cin., of S~has~.im~ Frum: R,'md5 Sikora Date: Semembcr 26, 2002 Please ,,.'cc' itemized list below. L~. ntact me to Yeril'? receiving this f,,~. 'rlml< you for thc o!~porttmity to quote tll. l.~ order. item 8×12x2" fo~ding_m_a__.~__ts 4x2×2" workout mats _~d ustabie beam Jneven bars 2O ~x12x4 land Mini Tramp ',P-bars Low bala,nee beam B?.~._v bars I Jr Swin 48x72×16 incline mat 1 IPPIn9 l Unit price Total 285 5700 ~_2, ts__2o 728 728 1168 1168 ~----] 493 493 207 253 251 2071 253 251 700 Total 7OO $I2,9t4.00 i Lightning City Gymnastic Equipment South Florida 3100 N.W. 2nd Avenue, Suite 308 Boca ~aton, Florida 33431 .CITY OF SEBASTIAN PUP, CIIASUNG >VlLITTEN QUOTE FORM FAX ~ 772) 589-6209 ~ _ ~¥mnast~c Ecu[Dm.nmt=~_ uu~ ~^~a~. A.S.A.p. CO~T^CWrznso~ Chris McCarthy_. r,o~uMu~m (772) 32~-2203 ~ ~ouA~'~uzrE,...September 25,2002 $ II 1 T :',o Shp Folding Floor Mats: 6fl wide x 12fl long · track urethane foam Workout Mats: 4ft long x 2fl wide x 2" thick urcthane foam AdJustable Height Balance Beam: 13ft long, 4" working surface with steel Core. padded for safeh, with suede .type material and lock adjustments to Four heights Elementary Uneven Bars: High b~r fixed at 71" with space between bars Adjustable to 14". 16' and 18". Landing Mat: Tr/fold 6fl wide x 12fl long x 8" thick Man] Tramp: galvanized steel frame, double layered reinforced and vinyl Coated 24" s'~uare ;"-- ~ Omupmg area supported by diameter shock cord and Surrounded by 6" wide protective safety pad' Parallel Bars: Bar adjust in width from 14" wide to 18" wide and in height From 45" to 72" CITY OF SEBASTIAN .1225 MAIN STREET SEBASTL&N, FLOP. IDA 3295g Unit ' QlS. Price 20 ()1 01 01 01 Low Balance Beam: 8fl long x 4" wide x 3" high Baby Bars: 36" long swing bar adjusts in height from 34" to 46". incline Mat: 72" lohtg x 48" wide x 2" to 16" l~gh PLEASE BID ON ANY OR ALL ITEMS LISTED. INCLUDE FREIGHT CHARGES FOR DELIVERY TO SEBASTIAN, FL. 32958. FAX BACK A.S.A.P. TO (772) $89-6209 01 01 01 y ~t]rt~ lo be In II ~ ~[ iniert, st. ~,%,~GOODS SII^LL BE NgW Ub/LES$ OTIIE~,VIS~, STATED. W. IUTTEN OUOTE }~oRM Tiffin 0Em41V2 - 6rx12'x2" - ~inbow-Fold~g ~t 1' Wo~om Mats 4~ j~g x 2~ ~dc x 2" IAJCk ~th~c foam As Sp~c Adjustable H~t B~snce ~am'; 3~ ~o~. 4' Core, pad~d ~t ~ wi~ ~cd¢ ~ ~te~al z~d lock a~us~=n~ to ~em~ Uuev,n ~ar~ From45" to 72"~I - As Spec ~I - ~ Spec Tiffin ~IN486 - Imcline - PLEASE BID ON A~' OR ALL ITEMS LISTED. INCLUDE FREIGHT C~RGES FOR DELIVERY TO SEBASTIAN, FL 32958, )5 }00 , 6100.00 els -0 980.00 28 799 O0 79~.00 122~ O0 ! 1225.00 '539 00 1539.00 950 O0 950.00 1054~00 1054,00 235 O0 235.00 269 I00 26~.00 225 O0 225.00 FAY<. BACK A.S;.A.P. TO (772) $89-6209 Lucieu Bromberger, ?residept ,~[tt~o.r, .4~2~243,-51~ ELEMENTARY ~ " i Eleme ~. ry rnuts are designed for ~izhtweight elementary g5nmasts o*~ly There nrc mnmw elementary mat op6onx. Basic construction - [oldmg. single t~ld and non-folding ~lar reals. Mar cover options- I4oz. :nd IS c,z. Foam options include dL tu foam combinations. 100 ILD polvcu'ethane [yam and tt'adirionai re',o ded foam ' T' thick I[~h;weig~t st~-c44he-ar[ .l~ ILD hem No.: Ebl81 - :8 oz. t~Odc 2" thick ( · Lightweight ) Tradi:ioauI :ebonded I-'oum core AvailaNe in item No.: ER462 - I~ oz. f:br:c Item No.: ER862 - 18 oz /'ab:ic Sizes: 4x6' 5 xiO 4'x8' 6' x 1_'2' ~or se}~ '[':~c Econ-O-Flm Mat i~ a ncn-:otding L. ig~wweighr 100 iLD potyu~tnane ~>~am Item No.: EM4INF 2" 100 ILD Foma ER46NF 2" re~ondeO Fr.,am Sizes: ~'xf~ 5'x UY 4xg' 6'a 12' weight. Rein%r:ed qde hamlbs prov[de~ filler i~ :' ,,Mid ! !%) ILD i>olyu:.erhUl3e txilia item ~o.: ESI00SF 2" thick Sizes: 4'x6 5'x Iff' RECREATION EQUIPMENT UNLIMITED, INC. P.O, Box 47D0 - Plff~bu~h, PA 1'5206 PHONE (412) 731-3000 it~n; Width Nix C,qor ~.,. 48" . ....72' 6" .. Bb. te/Ycllo'~, IN608 .... 6~' ...... ~4 ........ 18" .. Retu"~'el Iow RECflEATIOf~/EOUIPMENT UNLIMITED, IlilC, P,O. Box 47,D0 · Pittsbu~h, PA 15206 PHONE (412) 731-S00~ mat., Made with MiW' Iff0 ILD ,L~;tihtbl¢ - Red. Blue ur The Tiffin Sporting Block i~ exwemely f~n~ and ~tabte. The ctmstmcficn is ;~f 1-3/8" c'ms-linked pulyed~ytene S Lock color b,u¢. optim~d red. Item Nu Width Lel:~tl~ Height SB2g .................... 24" _..,... 36". ...... SB24 ................... 24' ...... 36". .....24" S~4 ...................... 24", ......48" ..... 24" 8B48 ....................24". ..... 72". ..... 18" CALL 800-TfFFINS T C17'I~ OF ~I~BA~TIAJ~ ) - No 3~ ~:oicl~ Eom Mats: 6~ wide x t2/t long x 2" ~ ar~ fo~, 35 - Wor~ ~u: 4~ long x 2~ ~de x 2" ~ ur~c ~ ~e to 14", 16" ~ ~ ~ot~ s~ p~, ~om 45" ~0 Ol - L~ ~ce B~: 8~ !~ x 4" ~de ~ 3" ~. Ol - ~y ~ars'. 3~ 1~ ~ ~ ~ju~s ~ he~ ~om 34" to 4~". Ol - In'me M~; ~2' to~ x 48' ~de x 2" ~ 16' ~. $EP"25-2002 04:$2Al~ FROM' T-~$4 P.OO2/OO; F~52'' CF~'F OF SEDAS'FIAN PiJIICi':JASliNC. ?I]i~${~CTIoN ~.IUF{' al 20 - No Slip Fold~g Floor ~t~: ~fl ~de x 12~ io~ x 2,, ~ u~ ~. 35 - Workout Ma~: 4~ 1o~ x 2fl ~de x 2- t~ck u~h~e fora. 01 ~ Adjustable H~ G~ Be~: 13~ core padd~ for s~e:y ~ ~e type mate~ ~d 0 ~ - ~i~t~ On~ B~s: ~ bar fixed at 71" ~th ~a~ bc~ bars coated 24" ~uu~ jump~ ~ suppo~ by i~,, di~et~ shock ~rd and surrounded ~ 5" wide p~te~e m~ety pad, · 01 - ParCel B~m: B~s ~jus: in ~d~h ~om 0i- Low ~Ean~ B~m; 8fl long x 4" wide x 3,, ~8h, 0{ - aa~ B~: 3~" long s~ng ~ adjusts ,.A. LL ~000~ ~IlA L.L nB N£',v UNLESI; O?IIBRV,'I.q E .< HOME OF pELICAN ISLAND City of Sebastian, Florida Subject: Authorize Delegation of Form Contract to City Manager or designee for Execution for Recreation Independent Contractors. / Ap~~r Su/~' ~a~: City Manager Agenda No. (9 2-. 2 [ ~* Department Origin: Finance ~ Date Submitted: October 2, 2002 For Agenda of: October 9, 2002 Exhibits: 1. Independent Contractor Agreement for Recreation Services EXPENDITURE I AMOUNT BUD(51~TED: REQUI1LED: APPROPRIATION RE QUIRED: SUMMARY Enclosed please find an agreement for independent contractors to execute for teaching specialty classes for recreation at the Community Center under direction of the Community Center Rec Leader. With the advent of the Cities assumption of active recreation within the City, it is necessary to institute several initiatives to allow for a continuation of the same recreation activities that have occurred in the past under direction of the County Recreation. Part of these activities was engaging various independent contractors to teach special classes with 70% of the fees charged by the instructor being retained and 30% of the fees going to the City to cover the cost of the building, etc. This is the same arrangement the County had with the independent contractors. The fees that were charged will stay the same. The contract enclosed is our risk coverage, which allows them to conduct the classes, sets forth insurance requirements, as well as the division of fees. In the interest of efficient working relations with the contractors, staff recommends authorizing the City Manager or his designee to sign these contracts when necessary to continue the same level of service currently provided at the Community Center. This will same time and expense from having to bring these contracts to the Council every time a new instructor is brought on board for a special activity. RECOMMENDED ACTION Move to authorize the City Manager or his designee to execute Independent Contractor Agreements for Recreational Activities when necessary. .INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT entered into t?ds ~ day of , 200__, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and (hereinafter called "INSTRUCTOR"), provides that WHEREAS, CITY is in need of a trained instructors and speciahsts to lead classes for aerobics and other recreational activities at City of Sebastian facilities; and WHEREAS, due to the nature of this assignment, independent contractors can best serve this need; and WI-IEREAS, INSTRUCTOR represents that he/she has the tralrfing and expertise required to perform these services; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of wtfich is hereby acknowledged by the part/es, it is agreed: 1. INSTRUCTOR shall provide services as a recreational leader for the CITY recreation program in accordance to a mutually agreeable schedule devised by CITY. 2. CITY shall devise a reasonable schedule of charges for the activities to be led by INSTRUCTOR, which may include multi-use pass cards as well as individual activity charges. This schedule of charges may be modified by CITY from time to time. 3. INSTRUCTOR shall retain seventy percent (70%) of the revenues from the recreational activities he/she provides. INSTRUCTOR shall collect fees for the recreational activities at the time the services are rendered, and shall thereafter submit the City's thirty pement (30%) share with an accounting. CITY shall institute reasonable guidelines providing a prompt and reasonable method for accounting for INSTRUCTOR's share of revenues for pre-paid clients. 4. The term of this Agreement shall be for one year, with automatic annual extensions unless either party gives thirty days written notice prior to any annual renewal date. 5. Notwithstanding the term described above, either party can terminate this Agreement for any reason with ninety days written notice to the other party. 6. CITY shall be responsible for maintenance of the recreational facilities and shall provide necessary eqtfipment. 7. INSTRUCTOR is an independent contractor, and not an employee of the CITY. INSTRUCTOR shall provide any required worker's compensation or other insurance coverages for themselves as well as any required licenses or other regulatory requirements. INSTRUCTOR a~ees to indenmify, defend and hold CITY harmless from any and all claims of any nature accruing to him/her in the course of performing INSTRUCTOR's obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of INSTRUCTOR whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereig'n immunity. AGREED to on the date first set forth above. CITY OF SEBASTIAN, a Florida municipal corporation INSTRUCTOR By: Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney HOM~ OI~ P~..LI~N ISLAND Subject: Cooperative Agreement/ between the United States Fish and Wildlife Service and the City of Sebastian Terrenc~oct[:e Department Origin: General Services: Date Submitted: 10/02/02 For Agenda off 10/09/02 Exhibits: Proposed Cooperative Agreement between the United States Fish and Wildlife Service and the City of Sebastian EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The proposed Cooperative Agreement between the United States Fish and Wildlife Service and the City of Sebastian depicts various responsibilities associated with the initiation, promotion and hosting of the Centennial Celebration of the First National Wildlife Refuge at Pelican Island. RECOMMENDED ACTION Move to authorize the City Manager to execute the proposed Cooperative Agreement between the United States Fish and Wildlife Service and the City of Sebastian depicting various responsibilities associated with the initiation, promotion and host'mg of the Centennial Celebration of the First National Wildlife Refuge at Pelican Island. Agreement No. COOPERATIVE AGREEMENT between the United States Fish and Wildlife Service and the City of Sebastian Article I. Background and Ob|actives This Cooperative Agreement is made and emered into between the United States of America, Department oflmerior, Fish and Wildlife Service, hereinafter referred to as the Service, acting through the Refuge Manager or his designee, and the City of Sebastian, hereinafter referred to as the City, acting through the City Manager or his designee. Through this Agreement, the parties wish to: Promote the public purpose of highlighting our National Wildlife Refuge System on the Centennial of/ts creation through the fostering of community involvement to host a national event at the home of the first rational wildlife refuge at Pelican Island; Continue the long-standing parmership between the Refuge and the City to educate the public about the values of our first national w/ldlffe refuge and the refuge system, furthering the understanding and appreciation of our natural resources; and Cooperate with one another for the mutual benefit of the people of the United States of America, the citizens of Sebastian and future generations to enjoy the natural and cultural resources of the Fish and W'fldlife Service (the Service) and to celebrate a legacy of wildlife conservatio~ Article H. Authority WHEREAS, the Federal Grant and Cooperative Agreement Act, 31 U.S.C. §6301 et seq.(1988) states that the executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Government and a state, local government, or other recipient when the principle purpose of the relationship is to transfer a thing of value to the State, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States and where substantial involvemem is expected between the executive agency and the State, local government, or other recipiem when carrying out the activity contemplated in the agreement; and WHEREAS, the Secretary of the Imerior is authorized by Public Law 93408 (16 U.S.C. 1703) to contract with any public agency or organi?~tion or any private nonprofit agency or organization which has been in existence for at least five years; and WHEREAS, tl~ Service is authorized by Public Law 105-242 (16 U.S.C.§ 742f) to enter into cooperative agreements with any partner organization, academic institution, or State or local government agency to carry out 1 or more projects or programs for a refuge or complex of geographically related refuges as is listed in this legislation; and WHEREAS, the City has the authority pur~ant to Florida Statutes Chapter 166.021 (Powers) to enter into agreement and contracts with other municipalities and federal agencies to further the City's objectives relative to local governmental operations; NOW THEREFORE, in consideration of the foregoing as basis for agreement, cooperation, and assistance between the parties and to achieve their compatible objectives, the parties agree as follows in the Statement of Work. Article m. Statement of Work The Fish and Wildlife Service Agrees To: Develop a program involving cooperative efforts to organize and administer special events to commemorate the Centennial of Pelican Island National Wildlife Refuge and the National Wildlife Kefuge System; Provide planning and logistical assistance to the City; Provide materials and equipment not specified in this statement of work to perform activities necessary for the successful completion of this project, provided that such commitment is reasonable and affordable; In conjunction with the City, review and approve each phase of projects prior to the commencement of subsequent phases; and Complete any City forms relative to this project for meeting the objectives of the City while are consistent with this agreement. The City of Sebastian Agrees To: Provide police support at Riverview Park and other related city locations from March 9, 2003 through March 16, 2003, as specified in the approved plans; Sci up and staffroad barricades on Indian River Drive and Harrison Street at the locations specified in the approved plans; Control access to parking areas by closing offseetions and placing directional and informational signs at the locations specified in the approved plans; Enforce parking and road closures to ensure the safety and security of event participants; Make and post on-site and satellite parking and directional signs to provide clear instruction to the public; Mow and trim Riverview Park and other City property to be used in special evems relative to this project; Provide extra dumpsters for the dates of March 14, 15, and 16 with end of day emptying on the 14t~ and 15a; Empty trash receptacles daily from March 14-16; and Provide daily restroom maintenance from March 14-16. Both Parties Agree: To cooperate in the planning, organi:mtion, and implementation of this project; To utiliTe ?her agencies and organi?ztions to assist with providing support for this project; To undertake pre-project and close-out briefings for tiffs project; To create a cooperative partnership to maximize the benefits from projects accomplished by both organizations; and To treat each activity or project under this Agreement individually, with more detail through Project Statements, each having a separate project plan and budget developed cooperatively between the Refuge and the City and approved by key officials. Article IV. Term of Agreement This a~oreement shall become effective onthe date of final signature. This Agreemem shall expire one year from the effective date, unless terminated earlier in accordance with Article IX. Prior to the expiration of this Agreement, modificatiOns may be proposed by either party at any time and will become effective upon written approval of both parties. In accepting this Agreement, as evidence by sig~_ature below, the City agrees to comply w/th the Office of the Secretary regulations located at 43 CFR 12, which incorporate the Office of Management and Budget Circnlars specified below, together with the terms and conditions stipulated herei~ The terms and conditions of this Agreement shall be extended to contractors. The applicable Circnlars are~ OMB Circulars A-102 (Uniform Admlnlgtrative Requirements), A-87 (Cost Principles), and A-133 (Audit Requirements). State and local Governments and Indian thebes and sub-recipients are subject to 43 CFR 12, Subparts C, D, and E. Article V. Kev Officials (FWS/Pelican Island NWR and City of Sebastian) The key officials specified in this Cooperative Agreement are considered to be essential to ensure maximum coordination and communication between the parties and the work being performed hereunder. Upon written notice, either party may designate an alternate act in the place of the designated key official, in an emergency or otherwise. For the Fish and Wildlife Service: For the City of Sebastian: Paul Tritaik Project Leader Pelican Island NWR 1339 20t~ Street Vero Beach, FL 32860 (772)562-3909 x244 Torrance Moore City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 772-589-5330 Article VI. _Award, Payment / Invoice The mount of award under th~ agreement shall not exceed $15,000 to be disbursed by in accordance with OMB Circular A-102 and 43 CFR 12 on a yearly basis to the City o£Sebastian's address listed above. Requests for Relmhursement and Advance of Funds (SF 270) shall be submitted to the Service Contracting Officer. Funds obligated for th/s award shall be drawn from the following accounts: 93260-1261-3005B Individual modifications will be issued against this agreement to idemi.fy the mount of funding provided by either party, and any other special term and condition applicable to th/s article. No legal liability on the part of Pelican Island NWR for the payment of any money under this Cooperative Agreement shall arise until such appropriations have been enacted into law, or funds otherwise made available by Congress; and the City of Sebastian has no legal llab'flity hereunder to perform services until Pehean Island NWR receives appropriations for its obligations under this Agreement. Article VIL Reports Specific projects or activities for which funds are advanced shall he tracked and reported by submittal of Standard Form (SF) 272, Federal Transaction Report and quarterly submittal of SF 269, Financial Status Report, as outlined in OMB Circular A-102 and 43 CFR 12. The City of Sebastian shall provide an annual written evaluation of the program activity prior to 11/01/2002 to the key official identified in Article V above. The evaluation shall include descriptive information of program activity, a summary of refuge participation, and recommendations for future program activity. Article VIIL Property Utilization and Dispostie'- All tools, equipment, and facilities furnished by Pelican Island NWR shall be on a loan basis only. Tools, equipment, and facilities sball be returned in the same condition received expect for normal wear and tear in project use. Property management standards set forth in OMB Circular A-102 and 43 CFR 12 apply to this agreement. Article IX. Termination This Agreement may be terminated only in accordance with OMB Circular A-102 and 43 CFR 12. Article X. Required and Special Provisions 1) NON-DISCRIMINATION: All activities pursuant to this Agreemem and the provisions of Executive Order No. 11246, 3 CFR 339 (1964-65) shall be in compliance with the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. § 794); the Age of Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§ 6101 et seq.); and with all other Federal laws and regulations prohibiting discrimination on grounds of race, color, national origin, disabling condition, religion, or sex in providing for facilities and services to the public. 2) CONSISTENCY WITH PUBLIC LAWS: Nothing herein coutained shall be deemed to be inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the District establishing, affecting, or relating to the Agreement. 3) APPROPRIATIONS (Anti-Deficiency Act, 31 U.S.C. § 1341): Nothing contained in this Agreement shall be construed as binding the Service to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. 4) OFFICIALS NOT TO BENEFIT .(41 U.S.C. § 22): No Member of~ Delegate to, or Resident Commissioner in, Congress shall be admitted to any share or pert of this Agreement or to any benefit to arise therefrom, unless the share or part or benefit of a corporation or company. 5) LOBBYING PROHIBITION (18 U.S.C. § 1913): No part of the money appropriated by any enactment of Congress shalI> in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner, a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but thi~ shall not prevent officers or employees of the United States or of its departments or agencies from commanicating to Members of Congress on the request o£any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. 6) MINORITY BUSINESS ENTERPRISE DEVELOPMENT (Executive Order 12432): It is the national policy to award a fair share of contracts to small and minority firms. The Fish and Wildlife Service is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness" by ensuring procurement procedures are carried out in accordance with OMB Circular A-102 and 43 CFR 12.76. 7) LIABILITY PROVISION: The Parties accept the responsa'bility for any property damage, injury, or death, caused by the acts or omissions of the respective employees, acting within the scope of their employment, to the fullest extent permitted by law. To the extent work is to be provided to a non- governmental entity or persons, the City will require that ~ntity or person to: a) Procure public and employee liability insurance from a responsible company or companies with a mlnim~ml limitation of One Million Dollars ($1, 000,000) per person for any one claim, and an aggregate limitation of Three Million Dollars ($3,000,000) for any number of claimg arising bom any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subornation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that sole risk. Prior to beginning the activities herein, the City shall provide the Service with confirmation of such insurance coverage; and b) Pay the United States the full value of ali damages to the lands or other property of the United States caused by such person or organization, irs representative, or employees; and c) Indemnify, save and hold harmless, and defend the United States agaln~t ali fines, clalm~, damages, judgments, and expenses arising out of, or fi.om, any omission or activity of such person or organi?ation, irs representatives, or employeas. 8) ADVERTISING AND ENDORSEMENTS: a) The City shall not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, pictures, movies, articles, manuscripts or other publicatious) which states o£implies Governmental, Departmental, bureau or Government employee endorsement ora product, service, or position which the City represents. No release of information relating to this agreement may state or imply' that the Government endorses the work product of the City as being superior to other products or services. b) The City will ensure that all information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer: The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government. c) The City must obtain prior FWS approval from the Regional External Affairs Office before releasing any public information that refers to the Department of Interior, any bureau or employee (by name or title), or to this Agreemem. The specific text, layout, photographs, etc. of the proposed release must be submitted to the External Affairs Office along with the request for approval. 9) PUBLICATIONS OF RESULTS OF STUDIES: No Party shall unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publ/cation of previously published technical matter. Publication pursuant to this Agreement may be produced independently or in collaboration with others, however, in all cases proper credit will be given to/he efforts of those parties conm'bufion to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full respons~ility for any statements on which there is a difference of opinion. 10) ACCESS TO RECORDS: The Secretary of the Interior and the Comptroller General of the United States, or their duly authorized representatives, shall have access for the purpose of financial or programmatic review and examination to any books, doeumems, papers, and records of QV that are pertinent to the Agreement at all reasonable times during the period of retention in accordance with OMB Circular A-102 and 43 CFR 12. 11) DI~2010 CERTIFICATION: The Department of the Interior's certification form, DI-2010, "Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug- Free Workplace Requiremems, and Lobbying" enclosed with this agreement must be completed and signed by the City. The signed DI-2010 shall be part of this Agreement. XI. Attachments and Appendices Summary of City Support Plans from a meeting with Paul Graves, Community Policing Officer, is part ofthia Agreemem. Personnel Service Cost estimates (without Presidential Attendance) from the City of Sebastian's D/rector of Finance, is a part of this Agreement. Preliminary Schedule and Hours of Dnty by the Sebastian Police Department during the three day event, is part of this Agreement. Preliminary Hours of Duty by Department of Public Works for the three day event, is pan of this agreement. Map of Rivervlew Park Street Map indicating the area of the Centennial Celebration, is part of this Agreement. DI-2010, "Certifications "certifications Regarding Debarmem, Suspension and Other Responsib'flity Matters, Drug-Free Workplace Requirements, and Lobbying", must be completed and signed by the City. The signed DI-2010 shall be part of this Agreement. Standard Fora SF 424, Application for Federal Assistance, must be completed as a pan of this Agreement. XIL Signatures Fish and Wildlife Service: City of Sebastian: Signature: Name: Title: Date: Contracting Officer Signature: Name: Torrance Moore Title: Date: City Manager Fish and Wildlife Service: Signature: Name: Paul Tritaik Title: Refuge Manager Date: HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 REF #02-059 August 23, 2002 Mr. Paul Tritaik, Refuge Manager Pelican Island National Wildlife Refuge Archie Carr National Wildlife Refuge 1339 20t~ Street Vero Beach, Florida 32960-3559 Subject: Personnel Cost Estimates for Pelican Island Festival in March 2003 Dear Mr. Tritaik: Pursuant to your request for reformation on personnel service costs from the City of Sebastian in support of the allocation from the Fish and Wildlife Service, following is the number of hours and costs. Police Services - Approximately 216 hours at $41.61/hour Public Works - Approximately 192 hours at $31.25/hour $ 8,988 $ 6,000 Total amount $14,988 The above amounts assume that President Bush will not attend the festivaI. If he does, then the numbers go up considerably. If you have any questions or need additional reformation, please call me at 561-388-8205. Sincerely, Mark C. Mason, CPA Director of Finance "An Equal Opportunity Employer" Cetel~rating Our 75th Anniversary HOt~,~. O~: P.rd. ICAN ISLAI~D Memorandum To: From: Date: Re: Paul Tritaik ~ ~j~ Terry D. Hill, Public Works Director~.~d~1 August 26, 2002 Pelican Island Centennial Celebration March 13, 2003 -4 employees for parking and maintenance 8-8, 1 man 1.5 hours on the sweeper truck. Total Man-hours 49.5. March 14, 2003 - 4 employees for parking and maintenance 8-8, 1 man 1.5 hours on the sweeper truck. Total Man-hours 49.5. March 15, 2003 - 4 employees for parking and maintenance 8-8, 1 man 1.5 hours on the sweeper truck. Total Man-hours 49.5. March 16, 2003 - 4 employees for parking and maintenance 8-8, 1 man 1.5 hours on the sweeper truck. Total Man-hours 43.5 Total Man-hours needed forCelebration 192 /Ik 1201 Main Street Sebastian, FL. 32958 Phone: 772-589-4937 Fax: 772-589-220¥ E-Mail: pgraves@cityofsebastian.org Date: 08/12/02 To: Sgt Witt, Capt Puscher and Chief Davis From: FTO Graves Re: Pelican l~land Centennial Celebration Man-hours Plan A This plan is set-up in-case President Bush does attend the event. We will need more man-hours if the contingency does occur. Security will have to begin on March 9a~, 2003 and continue through the entire event. I have made up a preliminary schedule of personnel needed to cover the security needed. This is Sunday-Sunday. March 9th- 13~ 2003 - 1 Officer for park security from 0600-1800 hours, 2 officers for park security from 1800-0600 hours. Man-hours- 180. March 14th, 2003 - 4 officers for park security from 0600-1800 hours, 2 officers for park security from 1800-0600 hours. Man-hours - 72 hours. March 14th, 2003 - 4 officers for Barricade security at alt hard barricades from 0930- 1430 hours. This is to increase Presidential Security in the area. Man-hours - 20. March 15t~ 2003 - 4 officers for park security from 0600-1800 hours, 2 officers for park security from 1800-0600 hours. Man-hours - 72 hours. March 16~h~ 2003 - 4 officers for park security from 0600-end of event or 1800 hours. No night security is needed because the event will be over. Man~hours - 48. Total Man-Hours needed for Plan A is: - 392. Plan B This Plan is if President Bush does not attend the event. Thursday night-Sunday. March 13~ 2003 - 2 officers for park security from 1800-0600 hours. Man-hours - 24. March 14~ 2003 - 4 officers for park security from 0600-1800 hours, 2 officers for park security from 1800-0600 hours. Man-hours - 72. March 15th~ 2003 - 4 officers for park security from 0600-1800 hours, 2 officers for park security from 1800-0600 hours. Man-hours - 72. March 16~ 2003 - 4 officers for park security from 0600- end of event or 1800 hours. No night security is needed because the event will be over. Man-hours - 48. Total Man-Hours needed for Plan B is: - 216. Summary of City Support for the Centennial Celebration Meeting with Paul Graves August 8, 2002 Police Support · 1 officer Monday Prior to event throughout the entire week (0600-1800); 2 officers (1800-600) · 4 officers during the event on March 14, 15, & 16 (0600-1800) · 2 officers on duty at night on Friday (14) and Saturday (15) with 1 on site and 1 on drive-by patrol (1800-0600) Road Barricades · Hard Barricades will go in place noon on Thursday (13) tilt 1700 Sunday · Sof~ Barricades will go in place the morning of the event · 3 Staffed hard barricades at Indian River Drive and Coolidge St. · 1 Staffed soft barricade at Indian River Driver and back entrance to Bealls · 1 Unstaffed hard barricade at Indian River Drive, North of Sportsman Lodge · 1 Staffed soft barricade at Harrison St. And US 1 for disabled and vendor access only · 1 Unstaffed soft barricade at Harrison St. and Indian River Dr. · 1 Staffed hard b~icade at Sebastian Blvd. and parking lot Parking Areas · Rope offparking spots with PVC pipe and rope · Make and post "no boat parking" signs in lot 2 days prior to event - Make and post signs for "disabled and vendor parking only" · Make and post signs for directional "event parking" for South Entrance of Indian River Dr., at all the barricades, US 1 at Bealls, US 1 and Coolidge St., other satellite parking areas (K-Man, Sebastian Elementary) · Make and post signs at satellite parking areas for "trolley pickup" Miscellaneous Support · Mow and beautify entire area prior to event, special focus on Indian River Dr. · Provide Extra Dumpster plus daily pickup · Daily restroom maintenance Riverview Park Street Map (Pelican Island Centennial Celebration) Hard Barricades indicated in Red. Stage is indicated in Dark Blue. I. Refer to Plan A or B for seeurity needs concerning this event. 2. Location of man-power is determined by the Plan used to conduct the 3. Event Parking will be at the Park, Old BeaHs' Lot and Sebastian Elementary School. 4. Vehicle Parking will be supervised and conducted by the event coordinating agency. City of Sebastian, Florida Subject: Vacant Land Contract between the City of Sebastian and Capt'n Butcher, Inc., a Florida corporation, for acquisition of the Jackson Street right-of-way. Agenda No. (Q2.10q Department Origin!~lC~.owth Management Traoy E. Hass ~ Date Submitted: October 2, 2002 For Agenda ofi October 9, 2002 Exhibits: EXPENDITURE REQUIRED: $162,204.00 AMOUNT BUDGETED: $162,204.00 APPROPRIATION REQUIRED: None SUMMARY At the August 21, 2002 City Council Meeting, the Council approved a developers agreement between the City of Sebastian and Capt'n Butcher Inc, a Florida corporation, for the extension of Jackson Street from the existing terminus at North Central Avenue east to Indian River Drive. The Jackson Street extension will provide commuters and pedestrians with an additional through street t~om Indian River Drive to a signalized intersection with U.S. 1. The extension was recommended by the Treasure Coast Regional Planning Council via incorporation within the Riverfront Master Plan, and at the City's request was incorporated in the Capt'n Butcher's Floodtide Marina site plan expansion project. As was disclosed during the August 21, 2002 presentation, the right-of-way acquisition cost is $162,204.00, as is referenced in the attached Vacant Land Contract. Although the City Council previously approved the developer's agreement, fur~er authorization is required prior to the City Manager executing the land purchase agreement for the Jackson Street right-of-way acquisition. RECOMMENDED ACTION Consider the attached Vacant Land Contract and advise the City Manager accordingly. INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT entered into this __ day of ,200__, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and (hereinafter called "INSTRUCTOR"), provides that WHEREAS, CITY is in need of a trained instructors and specialists to lead classes for aerobics and other recreational activities at City of Sebastian facilities; and WHEREAS, due to the nature of this assignment, independent contractors can best serve ~ and INSTRUCTOR represents that he/she has the training and expertise required to s; IN AND FOR CONSIDERATION of the mutual benefits and the sufficiency of which is hereby acknowledged by the promises parties, it is agreed: 1. CITY recreation program CITY. 2. CITY shall devise; led by INSTRUCTOR, which may activity charges. This schedule of charges 3. INSTRUCTOR shall retain the recreational activities he/she shall provide services as a recreational leader for the to a mutually agreeable schedule devised by asonable schedule of c for the activities to be cards as well as individual by CiTY from time to time. pement (70%) of the revenues from shall collect fees for the recreational activities at the time the are re~tered, and shall thereafter submit the City's thirty percent (30%)sh~.~ an accountin~lTY shall institute reasonable guidelines pr,o, viding a ,j;~ompt and reasonable /~thod for accounting for INSTRUC FOR s s ~ ~.venues for pre-paid clients. ~ 4. The of this Agreement shall.be for o~e ye~x~ith automatic annual extensions unlesa gives thirty days written notice prior tbxxany annual renewal date. ~ 5. Notwithstanding the term described above, either party can terminate this Agreement for any reason with ninety days written notice to the other party. 6. CITY shall be responsible for maintenance of the recreational facilities and shall provide necessary equipment. 7. INSTRUCTOR is an independent contractor, and not an employee of the CiTY. INSTRUCTOR shall provide any requ/red worker's compensation or other coverages for themselves as well as any required Iicenses or other regulatory INSTRUCTOR agrees to indemnify, defend and hold CITY harmless from any and arising from the ' the privileges waiver of soverei claims of any nature accruing to him/her in the obligations under this Agreement, or acts of INSTRUCTOR whatsoever set forth hereunder. of performing by any persons from the exercise of herein shall be deemed a AGREED CITY OF SEBASTIAN, a Florida municipal corporation INSTRUCTOR By: Approved Reliance by the of Sebastian Only: Rich S~ City Attorney City of Sebastian, Florida Subject: Vacant Land Contract between the City of Sebastian and Capt'n Butcher, Inc., a Florida corporation, for acquisition of the Jackson Street right-of-way. Agenda No. Department Origin: aGrowth Management TracyE. Hass ~ Date Submitted: October 2, 2002 Exhibit: REQUIRED: For Agenda of: October 9, 2002 Contract AMOUNT BUDGETED: $162,204.00 SUIVlMARY At the August 21, between the City ot Jackson Street from The Jackson Street ~ street from Indian River Drive recommended by the Treasure Riverfront Master and at the Floodtide Marina site Council Meeting, the Council a developers agreement corporation, for the extension of Avenue east to Indian River Drive. and Capt'n Butcher Inc, terminus at North commuters signalized with U.S. 1. The extension was Council via incorporation within the was incorporated in the Capt'n Butcher's As was disclosed during the August 21, $162,204.00, as is referenced in the previously approved the Manager executing the land the right-of-way acquisition cost is Contract. Although the City Council prior to the City right-of-way acquisition. Conside Contract and advise the Cie PARTIES AND DESCRIPTION OF PROPERTY 1. SALE AND PURCHASE: Capt'II ~,utcher, Inc. agree to sell and buy on the terms and conditions specified below the property ("Property'") described as: Address: ("Seller") ("Buyer") Legal Description: See Attachment A including all improvements and the following additional property: PURCHASE PRICE: $ 162.204.00 (a) $ (b) $ =, (c) PRICE AND FINANCING payable by Buyer in U.S. funds as follows: Deposit received (checks are subject to clearance) .... by for ("Escrow Agent') Signature t~am¢ of Q2rnpany Additional deposit to be made by or days from Effective Date. Total Financing (see Paragraph 3 below) (express as a dol~,r amount or percentage) 2~ (d) $ Other: ~4. (e}$ ;t62czo4.ee Balance to close (not including Buyer's closing oosts, prepaid items and prorations). All funds ~ paid at closing must be paid by IocaJly drawn cashier's check, official check or wired funds. 2~' [] (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit 27- used to determine the purchase price is [] lot [] acre [] square foot [] other (specify: ) ~* prorating areas of lees than a full unit. The purchase price will be $ per unit based on a catcuietion of 2~ total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph ~o* 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: ~ 3 CASH/FINANC NG: (Check as app cabte) [] (a Buyer will pay cash for the Property with no financing contingency. ~3. [] (b) 'fhie Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified be ow (the 3~- "Rnancing'~ within days from Effective Date {if left blank then Olosing Date or 30 days from Effectb'e Date, whichever ~'* occurs first) (the "Financing Period"). Buyer will apply for Financing within days from Effective Date (5 days if left blank) ~ and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after ~ using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this = Contract. Upon cancellation, Buyer will return to Seller ail title evidence, surveys and association docbments pm~ided by ~9 Seller, and Buyer's bepca[t(s) will be returned after Escrow Agent receives proper authorization from all interested parties, 40 Buyer will baY all loan expenses, including the iender~ title insurance policy. 4~' [] (1) New Financing: Buyer will secure a commitment for new third par'by financing for $ or 42' % of the pumhase price at the prevailing interest rate and teen costs. Buyer will keep Seller and Broker fully 4~ informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all ~ such information to Seller and Broker. 4~ [] (2) Seller Financing: Buyer will execute a [] first Ii"1 second purchase money note and mortgage to Seller in the 4~" amount of $ , bearing annuaJ interest at % and payable as follows: The~ mortgage, note, andla, ny secudty agreement will be in a form acceptable to Seller and will follow forms generally ac,,epted in the county ~h~ t~le~erty is located; wilt provide for a tate payment fee and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penatry ail or part of the principal at any time(s) with interest onty to date of payment; will be due on conveyance or sale; wilt provide for release of contiguous parcels, if applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine creditworthiness for the financing, Seller will, within 10 days from Effect~'e Date, give Buyer written notice of whether or not Seller will make the loan. n(3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing ~rst mortgage to LN# $. (describe) in the approximate amount of $ currently payable at per month including principal, interest, r"ltaxes and insurance and having a r-'i fixed [] other interest rate of __.% which i--iwi[I ~-iwill not escalate upon assumption, Any vadance in the mortgage will be adjusted in the balance due at closing with no adjustment to purchase pdce. Buyer will purchase Seller's escrow account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds __.% or the assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this agreement wilt terminate and Buyer's deposit(s) will be returned. CLOSING 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before October 24 .2002 , unless extended by other provisions of this Contract. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance suspension is lifted. 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is locked and may be conducted by electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of Buyer's deed, closing agent will disburse at closing the nat sale proceeds to Seller and brokerage fees to Broker as per Paragraph 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. (a} Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; certified, confirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other: 78 (b) Buyer Coats: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed 78 and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous a0* issue rate; inspections; survey and sketch; insurance; Other: 8~ (c) Title Evidence and Insurance: Check (1) er (2): m' [] (1) Seller wilt provide a Paragraph 8(a)(1) owner's title insurance commitment as title evidence. [] Seller [] Buyer 83' well select the title agent, [] Seller [] Buyer will pay for the owner's title policy, search, examination and related e4 charges. Each party will pay its own closing fees. ~-' i-1(2) Seller will provide title evidence as specified in Paragraph 8(a}(2). [] Seller[~] Buyer will pay for the ownerb title ~ policy and select the title agent, Seller will pay fees for ~le searches pdor to closing, including tax search and lien ~7 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. ~ (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate 8~ taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for 9o the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. m (e} Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may m require Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. ~3 PROPERTY CONDITION ~4 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "es is" condition, with conditions ¢ rssuiting from Buyer's inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and m grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's ~)? condition without the Buyer's pdor written consent. es (e) Flood Zone: Buyer is advised to ver~'y by survey, with the lender and with appropriate government agencies which ~ flood zone the Properly Is in, whether flood Insurance is required and what restrictions apply to improving the Property and 400 rebuilding in the event of casualty. 40~ (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which 4m affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 103 Period has expired or if Buyer has checked choice (c)(2) below. 404 (c) Inspections: (check (1) or (2) be/ow) 40~' r-I(1) Feasibility Study: Buyer will, at Buyer's expense and within 0 days fro~ Effective Date ("Feasibility Study 4¢' Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ~o'~ City Street use, During the Feasibility Study Period, Buyer may conduct a Phase I environmental 408 assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to 400 determine to Buyer's sat~faC'~on the Property's engineering, architectural and environmental properties; zoning and 4~m Buyer( /( ~andSel owteqgerecaipt ofacopyof~is page, whichis Page2of 6Pages. VAO-~ 10/oo ©2000 Roddt~Association of REAL'fC~S~ All Ri{~'~ts Re~erved ~1,, zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other 112 utilities; consistency with rdcal, state and regional growth management plans; availability of permits, government ~ approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability ~4 for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate lis government agencies. Seller will sign alt documents Buyer is required to file in connection with development or 115 rezoning approvals. 11'7 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility lie Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and 119 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless ~20 from ioeses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability ~ incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of ~53 any and ail inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a ~2~ construction lien being filed against the Property without Seller's prior written consent. If this transaction does not 124 close, Buyer will, at Buyer's expense, (1) repair ail damages to the Property resulting from the Inspections and ~5 return the Property to the condition it was in pdor to conduct of the Inspections, and (2) release to Seller all reports ~5 and other work generated as a result of the Inspections. 127 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's 128 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 129 will constitute acceptance of the Proper~y as suitable for Buyer's intended usa in its "as is" condition. If the Property 15o is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed 1~1 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow 1~ Agent receives proper authorization from ail interested parties. 133' [] (2} No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, inoiuding being 1:~ satisfied that either public sewerage and water are avaitabia to the Property or the Property will be approved for the 1~ installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations l:m and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 1~ conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. ~58 (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any leg contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or mere lots, 14o parcels, units, or interests; or (bi Any land, whether contiguous or not, which is divided or proposed to be divided into ~4~ 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may 142 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on whioh Buyer executes 14~ this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be ~44 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer. 145 ~'. RISK OF LOSS; EMINENT DOMAIN: if any portion of the Property is materially damaged by casualty before closing, ~45 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, ~,r7or if an eminent domain proceeding Is initiated, Seller will promptly inform Buyer. Either parby may cancel this Oentrect ~45 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in ~4g accordance with this Contract and receive all payments made by the government authority or insurance company, if any. TITLE ~51 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative ~53 or guardian deed as appropriate to Seller's status. 153 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in ls4 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 155' which prevent Buyer's intended use of the Property es Cit~.. 8treat : covenants, easements and 155 restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if ~s7 there [s no right of entry; current taxes; mortgages that Buyer wtll assume; and encumbrances that Seller will discharge at ~5 or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the following types of title evidence, ~55 which must be generally accepted in the county where the Property is located (specify in Paragraph 5(o) the selected 1~o type). Seller will use option (1) in Palm Beach County and option (2) in MiamkDade County. 151 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and ~53 subject only to title exceptions set forth in this Contract. ~m (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be ~s4 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the ~5e Property recorded in the public records of the county where the Property is located and certified to Effective Date. ~es However if such an abstract is not available to Seller, then a pdor owner's title policy acceptable to the proposed insurer ~¢f as a base for reiesuanca of coverage. Seller will pay for copies of all policy exceptions and an update in a format ~53 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 159 together with copies of all documents recited in the prior policy and in the update. If e pdor policy is not available to 17o Seller then (1) above will be the title evidence. Title evidence wilI be delivered no later than 1 0 days before Closing Date. 171 (bi Title Examination: Buyer, w~ examine the tifie evidence and deliver written notice to Seller, within 5 days from receipt 1~2 of ~tle evidence but no later j[h~closing, of any defects that make the title unmarketable. Seller will have 30 days from 17s-Buyer( )( ) and Saliar ~owiedge rece~ of a copy of this page, which ks Page 3 of 6 Pages. VAO..6 10/o0 ©2000 Rofid~A~s~ci~k~n of RSALTOP~® Ail Rights Reserved ~74 receipt of Buyer's notice of defects ('Curative Period") to cure the defects at Seller's expense. If Seller cures the ~75 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 476 Ciosing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has oassed. If Seller is unable to 177 cure the defects within the Curative Period, Seller will deliver wntten notice to Buyer and Buyer will, within 1 0 days from ~ receipt of Seller's notice, either cancel this Oontract or accept title with existing defects and close the transaction. 4~ (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written 1~o notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, 4~1 encroachments by the Property's improvements on other lands or deed restriction or zoning violitions. Any such ~m encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be lm determined in accordance with subparagraph {b) above, if any part of the Property ties seaward of the coastal le4 construction control line, Seller witl provide Buyer with an affidavit or survey as required by law delineating the tine's ~&~ location on the property, unless Buyer waives this requirement in writing. ~s~ MISCELLANEOUS 187 9. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the list of the parties initials or ~ signs the tatast offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will 1~ be computed in business days (a "business day~ is every calendar day except Saturday, Sunday and nations legal ~o holidays), except for time periods greater than 60 days, which will be computed in calendar days. If any deadline falls on a ~ Saturday, Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 ~e2 p.m. local time (meaning in the county where the Property is located) of the appropriate day. ~gs 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivew or electronic media. Buyer's ~4 failure to defiver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies ~ will render that con§ngency null and void and the Contract will be construed as if the contingency did not exist. 1~ 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage ~7 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. ~gs Modifications of this Oontract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, ~e initials, documents referenced in this Contract, counterparts and wdtten modifications communicated electronically or on poser 200 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 204 attached to this Contract prevail over prepdnted terms. If any provision of this Contract is or becomes invalid or unenforceable, 2~ all remaining provisions will continue to be fully efCective. This Contract will not be recorded in any public records. 2~ 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 2~4 "Buyer," "Seller,' and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, ~os personal representatives and assigns [r[ permitted) of Buyer, Seller and Broker. ~ DEFAULT AND DISPUTE RESOLUTION ~7 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, 20e Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return cf Buyer's deposit without ~z~ waiving the right to seek damages or to seek specific performance es per Paragraph 1 6. Seller wilI also be liable to Broker for 2~o the full amount of the brokerage fee. (b) Buyer Default: If Buyer ~is to perform th~s Contract within the time specified, inaluding ~ timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated m2 damages or to seek specific performance es per Paregre43h 16; and Broker will, upon demand, receive 50% of all deposits 2~s paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee, 214 14. DISPUTE RESOLUTION: This Contract wilt be consb'ued under Flodda law. Ail controversies, claims, and other matters in ~5 question arising out of or reliting to this transaction or this Contract or its breach will be settled as follows: 2~s (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 217 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 2~s will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a FIodda court or the ~ Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 220 (b) All other disputes: Buyer end Sefler will have 30 days from the date a dispute arises between them to attempt to 224 resolve the matter through mediation, failing which the parties will resolve the dispute through neutrat binding 222 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any ms remedy not provided for in this Contract. The award will be based on the greater weigl-E of the evidence and wili m4 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will =2~ be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related ms disputes, Any disputes with a real estate licenses named in Paragraph 17 will be submitted to arbitration only if the m7 licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. ms (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by me submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 230 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") ~4 or other mediator agreed on ~ the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a 2~= process in which the parties resolve a dispute by a headng before a neutral person who decides the matter and whose ~ decision is binding on the ~arties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed 234 on by the parties, Each par~ ~ a~ny a~,~ation will pay its own fees, costs and expenses, inoluding attorneys' fees, and =3~* Buyer( )I ) and Sellar ~owisdge receipt of a copy of 1~is pegs, which is P~ge 4 of 6 Pages, VAC-6 10,'~0 ©2000 Rodd~ssoci~tion of REALTORS® AIl Rights Rose.ed ~3~ will equally split the arbitrators' fees and administret~'e fees of arbitration, In a civil action to enforce an arbitration 237 award, the prevailing party to the arbitration shall be entitled to recover from the nonprevai~ing party reasonable 238 attorneys' fees, costs and expenses. ESCROW AGENT AND BROKER and hold funds and other items in 239 240 1 5, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit authorization and in accordance with the terms of this , row Aoent will not be liable,to any person f? ~ escrow and, subiest to olearanoe, disburse them upon proper · , - , ~--~,-~.~,~e fees The part,es agree the.! F_sc, ~ ,-%~ ~.'row Anent's wl~lfut breach of this m~,.+r~'t including alsburslng u,u,.,=,~ ...... ~s the misdaiIVefy is ouu ~u u_o,~ ~ 242 ~, ........ u er or ~.~,, ,~.,~.. ' attar of the escrow, Escrow Agent will pay the misdelivery of escrowed items to B y , . 243 ....... If Escrow Agent lnterpieads the sub!e,? ~ ........ ' fees and costs to be pa~d from the ~44 Oontract or gross neg~,=-~.~..-~- .... ~ =nH itl recover reasOnable a~u. ,=z,~ ~4~ filing fees and costs from ~ne uup,~o ..... w in favor of the prevailing party. All claims ~6 escrowed funds or equiva%ent and charged and awarded as court oosts z4~ against Escrow Agent will be arbitrated, so tong as Escrow Agent consents to arbitrate. · BROKER LIABiLiTY: Broker advises Buyer and Se er to veri~y all facts and representations advice (for example, interpretino contracts, 248 1 6. PROFESSIONAL AD¥1CEh _ -~,,It an a~sropriata professional for legal - 249 that are important to them and ~0 cort~ ........ status of title, foreign investor reporLing redUirements, etc.) ~50 determining the effect of taws on the Property and transaction, 251 and for tax, property condition, environmental and other spes~aiized advice. Buyer acknowledges that Broker does not ¢2 reside in the Property and that all representations (oral written or otherwise) by Broker are based on Seller 2,53 representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely governmental agencies for verification of the Property condition and fes~ sorely on Seller, professional inspectors and · ' a all costs and expenses, naiudine reasonable 2~8 that roster slly aTiee~ r-'~t'T~,~ r~ hv Br er and Brokers o~lcers, u.~,..,.,o, ~ ~s attorneys' fees at ail levels, ln,.urre- -. - ok failure to perform contractual oblieations. Buyer and Seller hold ~"7 or arising from Buyer's or Seller's misstatement or ' es re ulated bY ~ChapTM 475, F.S., as amended, 2.58 harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at 2r~ based on (1) Buyer's, · -, -~., task beyond the scope of se~lC._, g~ ,-~ r~r services provded by any vendor, 280 Buyer's and/or .,S. eile. r s ~eq.~u~e~s~r~e%'~j~ion or retention of any vendor, ('5} prouu~ - selecting and assume full responsibility for 2~ including Brokers rererra~, ~.~,,,,,, '~ -' 2~2 and (4) expenses incurred by any vendor. Buyer and Seller each 283 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposeS of this 284 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing, ....... Broker" Se for and Buyer 17. BROKERS: The licensee(s) and brokerage(s) named beloW are collectively rererre<~ ~0 ~.Agent: 2ss brokerage fees as specified in separate 2~ acknowledge that the brokerage(s) named beloW are the procuring cause of this transaction Instruction to OIoeing 28'~ Seller and Buyer direct closing agent to disburse at closing the full amount of the ~e8 brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such 3~ fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees 27o as indios, ted beloW. 271' 272 Re~/Estate UCerlSee 274* Broker / Bro~rage fee: f~ or % of purchase prfce) _ 275'* ~ 18. ADDITIONAL TERMS: 278* 284* 289* 290* Real Eslaze Dceneee Broker / Brokerage fee: f$ or % M PL'rcheee Price) ~ - -- " and Seller{ '~~°wledge ~,ce~pt cfa copy of thb page, which is page5 of 6 Pages, Buyer ~ (- --) mi,u;:7 -~ .......... ~ A~I Rinhts Reserved VAC-6 10/00 ¢2000 Flodd~ClStion of HF. AL.TU~'~' ~ ADDITIONAL TERMS This is intended to be a legally binding centmct. If not fully Understood, see~ the advice of an attorney prior to signing. * · · OFFER AND ACCEPTANCE ~ Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract j$ signed by Seller and a . (Check ii applicable: ?9 Buyer received a wrftten real properh/disclosure statame~ '/mm Seller before making this Offer.) copy delivered to Buyer no./ater than 8.00 ~ [] a.m. [] p.m. on l~rldav Se tember 20 ~z? revoked and Buyer's deposit refunded subject to clearance of funds. ~ Date: . 200___2 , this offer will be ~, Buyer: ~n~ n~me: ---- Tax ID/SSN: :~ao* Date: ~. Buyer: ~-~* Phone: Pdnt name: Tax [D/SSN: __ ~ Fax: A~ =4- Date: Primname .~ ~ '~'C-~ - Tax [D/SSN: ~' Date: ~3e* Phone:__ Print name: __ Tax ID/SsN: ;z~- Fax: Address: ;~o- ~ Seller counters Buyer's offer (to accept the counter offer, BUyer must sign or initiat the counter oftered terms and det/ver a copy of the acceptance to Seller by 5:00 p.m. on __, __.____j. r"7 Seller rejects Buyer's often Buyer (___j (____j and SelJer (____j r ~ ac ...... The Fbrfoa Ass~cflafor, o f ~-. . ~ ~ I°"~eage receipt of a copy of this Dane ~-~-~o,~ Th~ ~nda~d ~L~-- ~D I?l aoard/A~o~aaon of P~,o.s ma~ ...... ............ age 6 of 6 Pages. VAC-6 10/00 ©2000 Rodda ASsociation of F~Z-TORS® Ail PJghts Reser-,/ed "~' 'g'~''us~m~ ~-cornputer~zedfo~.ns ~TRACT FOR SALE AND PURCItASE Be~een _ and __ ~Ci_tv of' Sebastian concerning the property described as: __See.Attachment A Seller(s) Buyer(s) Buyer and Seller make the following terms and conditions part of the Contract: This Contract is contingent upon the Buyer and Seller entering into a mutually agreed upon Developer's Agreement to build Jackson Sweet from North Central to Indian Privet Drive. The Developer shall have the right to use the square footage of the road fight-of-way and parking in all calculations pe~aining to the developmem of Capt'n Butchers in present or future development. The Buyer agrees to execute the necessary paperwork for the Income Tax Credit. Date: Date: Buyer(s): Seller(s): Attachment A LEGAL DESgR~ZPTZON Commencing at the intersection of the North line of Lot 3, Estate of August Pork, according to the Plat recorded in Plat Book I, page 19, St. Lucia County Records and the East right of way of Central Avenue, run South 22o02'30'' East, along said East right of way, 58.31 feet to the Point of Beginning of 80 feet wide right of way of Jackson Street. From the Paint of Bcginnin9 run North 64°Z4'46'' East, $4.92: feet; thence South B9o~0'5~'' East, 390.87 feet; Thence North 63o16'00" East, ~.57 feet to the West righ¢ of way of Zndian River Drive, thence South a6'44'00" E~sZ, alan9 said Wast right of way, 80.00 feet; thence South 63't6'00" We~t, 97.06 feet: thence North 89°aO'SZ'' W~t; 39LTa feet; thence 5outh 64084'46" West, Z~.a3 fcaz the aforementioned East right of w~y of Central Avenue; thence No~th i~°0Z'30' West, alan9 said right of way, 80.15 feet to the Point of a~inning. All th~ above situate in Indian River County, FIoHde and containing Subject: Vacation of Easement - Mulford Lot 8, Block 339, Sebastian Highlands Unit 13 ci tia_ n, Florida Agenda No. ~ Z, Z ! q Resolution No. R-0245 Department Origin: Growth M~e~H) Date Submitted: 10/2/02 ~ W' /~pproved~r~jxb~ttal~: For Agenda of: 10/9/02 Exhibits: 1) R-02-45 2) Staff Report 3) SiteMap ~A~fmn ~i~y~ SUMMARY_ This is a request for vacation of five (5) feet of the rear 20' public utility and drainage easement located on Lot 8, Block 339, Sebastian Highlands Unit 13, 843 Gladiola Avenue. The applicant wishes to extend his existing pool decking and screen enclosure into this area. RECOMMENDED ACTION. Adopt Resolution No. R-02-45. ~RESOLUTION NO. R-02-45 A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN R/VER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 8, BLOCK 339, SEBASTIAN HIGHLANDS LrNIT 13; PROVIDING FOR CONFLICTS HEREW/TH; PROV/DING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought £or construction to modify a swimming pool deck and screen enclosure on Lot 8, Block 339, Sebastian Highlands Unit 13 within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of a portion of the rear public utility and drainage easement of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITY OF SEBASTIAN, as follows: ,Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The northern most five (5) feet of the southern most twenty (20) feet of Lot 8, Block 339, Sebastian Highlands Unit 13, less the western most six (6) feet and the eastern most six (6) feet thereof, as recorded in Plat Book 7, Page 82, of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2~ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption The motion was seconded by Councilmember by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2002 CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reli~c,q by the City of Sebastian only: Rich Stringer [~i ,~____t~mey o ABANDONMENT OF EASEMENT Staff Report Project Name: Residence of Herbert & Margaret Mulford Requested Action: Abandonment of the northernmost five (5) feet of the rear public utility and drainage easement located on the southernmost twenty (20) feet of Lot 8, Block 339, Sebastian Highlands Unit 13, less the westernmost six (6) feet and the easternmost six (6) feet thereof. Project Location: a. Address: 843 Gladiola Avenue b. Legal: Lot 8, Block 339, Sebastian Highlands Unit 13 Project Owner: a. Name: Herbert & Margaret Mulford b. Address: 843 Gladiola Avenue Sebastian, Florida 32958 Project Agent: a. Name: b. Address: Project Description: a. Narrative of proposed action: Applicant wishes to abandon the northernmost five (5) feet of the southern twenty (20) foot public utility and drainage easement on Lot 8, Block 339, Sebastian Hig~dands Unit 13, in order to modify a sw/mm/ng pool deck and screen enclosure. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Single-family residence Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved c. Charter Communications: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved go Zoning Technician Comments: Properties to the east and west of the applicant's residence were granted an abandonment of a portion of their rear easements in 1995, eight (8) feet and five (5) feet respectively, for their pool construction. There is also a platted 80' drainage right-of-way behind the easement. The existing pool deck, which was built before the current owners bought the house, is approximately 1 foot wide fi:om the screen enclosure to the water's edge on the south side of the pool. The owners wish to add additional pool decking for safety purposes. Staff Recommendation: Approve Resolution R-02-45. Prepared by Date T PHONE: (:561) 56g-6680 FAX: (56'I) 770-34-4-6 permit Appticatian Nc. City of Sebastian Development Order Application AddresS: not owner, written authorization (notarized) from owner is required___~) E-Mail: _ owner ' different from_._~_plicarrt) ",ddresS: FAX Numben( ) Phone Numben( ~ E-Mail: ~'~pe o~ permit or action requested: pL~SE COMP~E ONLY THOSE sECTIONS WHICH ARE NECESSARY FOR THE pERMIT OR AC~ON ~AT YOU ARE REQUES~NG. COPIES OF A~ ~PS, SURVEYS, DRAWINGS, ~C. SHALL BE A~ACHED AND 81/2" BY 11" CQP~ES OF ANY A~ACHMENTS SHALL BE INCLUDED- A~ACH THE APPROPRIAT~ SUPPL~M~AL INFORMATION fORM ~ A. Project's Name (if applicable): B. Site information L.~)T~, Bloc~ ~' Un~: I~ Su~ivision:~5~/~~ ~/~L~- ~dian River Coun~ pardi ~ ~ Zoning Classification: Fut-~' Land Use: p~sed Use; ExLsting Use: a osed activity and pur]~ose of the requested permit ar action (attach extra sheets if Description of pr p - AID $ / FEE P : _ ermit AppiicatJon Na. FAX Number:. (77]) _~,,¢"¢ - ,~..~---~'------~ '---'~dress ~ Phone Number: ( ) FAX Numl~en E-Maik ~neer.' Name: Address Phone Number:. ( ) FAX Number:, E-Ma/t: Surveyor: Name: Address Phone Number:, ( ) FAX Number:. ( ) E-Maik AM THE LEGAL REPRESENTAT~/E OF THE OWNER QF THE PRQP=R'rY 0E$CRiBEm WHICH I~ THE SUBJECT MA'T-f'ER OF THiS APPUCATfON, AND THaT ALL THE INFQRMA~QN, MAPS, 0ATA ANO/QR S~CHES PRODDED rN ~S APPMCA~ON ARE ACCU~TE AND TRUE TO ~E BEST OF ~ ~OWLEDGE AND BE~EF, s la~- '"-' ¢ ~ ~~c(~ ~J~/¢' ?~ SEAL; Form CD-200'~ ~/27/97 ermit Applic~afion No. The following i'"= required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional use permits~ special u~e pe,~llit~, var?nces, exceptions, and appeals. ~E, ~ TH~ ~WNER(S~ ~E L~L REPRESENTA~V~ OF ~E OWNER OF ~E pROPER~ DESCRIBED WHICH IS THE , ~ ' . ~y A~HGRI~ ~CH AND ~RY MEMBER OF ~HE :~'01~ THE pROPER~ IN CONNECTION W~ ~,uu~ ~E HEEEBY WAIVE ANY 08JEC~ON OR DEFENS~ I~E ~Y HA~, DUE TO ~E QUASi-JUDICiAL NACRE OF ~E ,ROC~EDINGS, EESUL~NG FROM ANY ~OA~D/COMMIS310N MEMEE~ ENTERING OR ~[~ING ~E PROPERS, iNCLUDING ANY ;~IM OR ASSERTION ~AT ~/OUR pROCEDU~L OR SUBSTAN~ DUE pROCeSS RIGHTS UNDER ~E ;ONs~UT~ON OR THE ~N~D STA~S CQNS~QN WER5 VIO~D aY SUCH EN~RING OR 'HIS ~AIVER ANO CON~ENT IS BEING sIGNED BY M~US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, ~p~ OYE~, AGENT, CON~CTOR OR OFFICIAL OF THE C~ OF SE~5~N. ~ d~/ lota~ s Signatu~ ~ ' ~dnted Name of Nataw ;ommi~ion No.~piration ,eal: P:~ae 2 of 3 Devetcpmen~t !pplicaE°n Form File Name: Doa Supplemental Information Easements, vacation of Perm/t Apptic~tdon No.. 1. Describe the easement to be Vacated {provide a legal description, if possible): 2. Why is this vaCation of an easement being request? 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. '/ of'/ File Name: Sieasev ] l~ ~ S~ET SEBAS~, ~A 32958 ~?~O~ U72) 589-5~37 F~ U72) 589-2566 Augmt 30, 2002 ' , be abandoned: Thc no:fl, hero. most :fY" (5) fcct. otl;hc ~tr~.%tldtbo~ r~cn~fion of Easement to , utility aud. dra~a~ eas~u-amt 339, Seb~-'--an I-Iighlauds Uuit 13, l~ss ~ wcsterca~ost six (6) fc~t aud t~ easternmost mix (63 feet t~eof. D~ILITY: Dsvid F~shee, Cit~ NO: $89-6209 Dcrri Bosw°rth' City of Scb~'ti.an, C.~'owrh tV',~magemc~t D~pa:traent Fax No. (372) 589-2566. UTILITY: Craig ]~owers/COoRle Shaw, AT&T Broadband FAX NO: ~ ~ D~D: D CO~s: Fax No, (772) $89 2566 SEP. 9.~ ?: 1~ BLD~ DSPT SSB~TI~N City of Seb~ian SEBASTIAlq, FLORIDA 32958 1225 ~ s'rI~_~T FAX (772) 589-2566 T~HONE (772) $89-5537 RE U~ST FOR AB 0 ~ X OF EASENfENT AugUSt 30, 2,002 onhemmoSt fly: (5) fcct of thc r~-~ public -- u~li~ ~ ~ag~ i~ thc wc~ost ~ (6) f~ 339, Seb~ Highl~s Unit 13, six (6) f~t thor. 843 Ola~Ola Avenue, S~ OC~O~ Of F~ NO: 77~14~ --/ / AppRoVED~R~ '~~) _ COM~S;~ Dorri Boawotth, Ci~ of Seb.atian, Crmwtb Managcracn~ Fax No. (772) 589-2566. BELLSOUTH BeJlSou~ Telecommunications, inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947 Billie C. Greefllief General Manager-Network Operations Indian River Division 772 460 4480 Fax 772 466 4705 Date: 09/19/2002 Dorri Bosworth City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Abandonment of Easements 843 Gladiola Avenue. Dear Ms. Bosworth: Per your request-dated 9/17/2002, BellSouth has no objections to the abandonment of the easement described herein: The northernmost five (5) feet of the rear public utility and draina e e southernmost twenty (20) feet of Lot 8 m,.~t. ~, ...... g asement located on the westernmost s~x (6) feet and the easternmost six (6) feet thereo£ghl ds Unit 13, less the We have no facilities within said portion of Pdght-of Way. please contact Kirk Walker at (772) 460-4455. If you require further assistance Yours truly, ~%illie C. Greenlief .,"General Manager cc: Kirk Walker 30,200~- ~~ ~ ~st ,~ (6)'~ 339, Seb~ Ri~~ U~t ~, UT~: Ped~ Rub~., ~L DA=:~°/ Lge sebastian, Florida Authorize City Manager to execute a for Fiber Optic Installation- Manager Agenda No. ~ Department Origin: Financ~1''~ Date Submitted: October 2, 2002 ;xhibits: EXPENDITURE AMOUNT BUDGE t~D: $17,1 APPROPRIATION audid award to Fishels Company to install Fiber On August 14, 2002, the City Council with Indian River County. At the Course was intended to be in the middle Optic Cable from City Hall to the Golf Course and a connection berm time of the award, the route of installation to the Golf on Main Street to the Golf Cours.e. 'nd the houses al g · ,_~_ ~tit~ which extends behi ...... *,atar Utility was excavating M-no the rear aoumu u .~.h...,.o alscovered that me On September ko, ,w , order to create a larger ditch for retention purposes. With this change of plans, it required an alternate route along the easement on Main Street which boring under twelve driveways which changed the awarded amount to Fishels Company. required site plan for The increase in cost amounted to $4,999. · of the Budget and approval for the LPA group to do the of the fiber optic cable addition, following adopuon - that a further run admin building will be In · date and the Airport Adrrfinistrauon building, it became obvious close to where the (2,200 linear feet) to the electrical vault (which will belater located) would be bene£1ciai and cost effective than going back out for bid at a rates, including mobilization, etc. The additional cost of installing this len~h of · _ .... &Amin Building Capital improvement incurring higher which will be bom oY mC ~ ....... ' cable is $4,640.08 This change order has been executed in advance of Council's approval due to the time frame of the start date which was September 30, 2002. In both cases, the charges are in line with the costs The purchasing Ordinance requires approval by the City Council for the bid documents. included in all changes orders over $5,000. Move to authorize Change Order Number 1 to Fishels Contract in the amount of $9,639.08. Cit_ _ of Sebastia n, F lorid a -------- Subiect: Road Closing - Indian River Drive Agenda No. ~) ~' 2- ~ ~ Approved for Su?.~mittal by: Dept. Head. ' - ~ .... -- Exhibits: ~XPENDITURE REQUIRED: Finance: -- ~ General Services:?~t~-~ Date Submitted: 10/03/02 For Agenda of: 10109/02 APPROPRIATION SUMMARY Indian River Drive needs to be closed to thru traffic for up to 4% days in order to allow the approved contractor to properly install new crosswalks at Hurricane Harbor and Oyster Point locations and, if time permits, two additional locations on indian River Drive. The closure of indian River Drive to thru traffic would begin on a Monday morning. It would be opened again to thru traffic no later than 11:00 AM on Friday of the same will be permitted but thru traffic will be detoured to US 1 and North week. Local traffic . ound and Davis Street (southbound). Central via jefferson St,eet (northb ) RECOMMENDATION- Move to authorize staff to take appropriate measures and notification to close indian River Drive for up to 4% days (not including a weekend) for the purpose of installing new crosswalks on indian River Drive. City of Sebastian, Florida Subject: Permission to close I.R. Drive for Down's C~onnection Buddy Walk / ~..--~ Agenda No. ~) ~-. ~) { ~ Department Origin: PARKS Dept. Head: FinanCe: Procurement: For Agenda on October 9, 2002 Exhibits: None EXPENDITURE REQUIRED: BUDGET AVAILABL~ROPRIATION SUMMARY Diane Alvey, chairperson for the Down's Connection Buddy Walk would like Council approval to close a portion of I.R. Drive. The Buddy Walk is scheduled for October 19,2002 and they would need to close I.R. Drive from Riverview Park north to Paradise Marina (washington St.) They are asking for the road to be closed from 9:30 AM until 11 AM. RECOMMENDED ACTION Move to close Indian River Drive from Riverview Park north to Washington Street for the Down's Connection Buddy Walk on October 19, 2002 from 9:30 AM until 11:00 Am. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Mandatory vs. Non-mandatory Commercial Sanitation Agenda No. O ~- - i ~_~q Department Origin: City Manager General Services: Finance Department: Date Submitted: 10/3/02 For Agenda of: 10/9/02 --~its: 1. Memo from Finance Director 2. Excerpt from Indian River Franchise Agreement for Waste Management 3. Excerpt from Indian River Franchise Agreement for Treasure Coast 4. Copy of indian River Agenda Transmittal 5. Current Agreement with Capital Sanitation Expenditure Required: Amount Budgete-~ Appropriation Required: SUMMARY STATEMEN_T · itation will expire in June 2003. To make formal a reement with Capttal san . _ · i of an ordinance to make The current g ........... ~,,, to d~scu~s the I~os. stb. ty .... b dding arrangem.e. , _ _ dato w~thm c~ty limits. solid waste collection mandatory or non man ry RECOMMENDED ACTION_ Deliberate and offer direction accordingly! HOME 01~ Frorn: Date: Re: Terrence R. Moore, City Manager Mark C. Mason, CPA, Director of Finance September 19, 2002 Solid Waste Collection Pursuant to your direction, following is a summary of potentiaI impacts regarding solid waste fees for both Mandatory and Non-Mandatory Pickup. This table includes the residential cost of the Solid Waste Fee charged by' Indian River County. The table is broken down into current, non-mandatory and mandatory with an explanation for each following. City of Sebastian Actual and Estimated Sanitation Costs Monthly Solid Total TotaI Including Waste Annual Monthly Franchise Fee Annual Assessment Cost Cost Non-Mandatory (Current) $ Non-Mandatory (Estimated) o~ $ Mandatory (Estimated) o) $ 8.59 $ 103.08 $ ~2.66 $ 151.92 $ 9.54 $ 114.48 $ 76.10 $ 179.18 $ 14.93 76.10 $ 228.02 $ 19.00 76.10 $ ~90.58 $ 15.88 (i) These monthly rates were obtained last year due to the possible cancellation of the current fi'anchise agreement for failure to comply with certain articles of the franchise. In addition, these rates assume a change in service providers. One of the questions that has arisen since our presentation in July is; what does 'Man ' connection with Solid Waste Pickup? Mandato,-,~ onl ......... datory mean in -J j ~cans mat each residential unit will be billed for the service whether or not the residential unit chooses to avail themselves of the pick up service. It does not mean that a residential unit owner cannot continue to dispose of trash or yard waste at the transfer station or at the landfill. Another question that has been asked is in reference to the Solid Waste Assessment by the County. The Solid Waste Assessment is the cost of dumping solid waste in the landfill, the cost of landfill maintenance From: Date: Re: Terrence R. Moore, City Manager Mark C. Mason, CPA, Director of Finance July 24, 2002 Mandatory vs. Non-mandatory Solid Waste Collection Following is an excerpt of the memorandum provided to you on April 3, 2002 regarding solid waste collection in the City of Sebastian. NoN-MANDATORY VS. MANDATORY PICKUP The City's solid waste and yard debris pickup is non-mandatory within the City of Sebastian as opposed to mandatory pickup for all residential locations. From research regarding solid waste pickup, non-mandatory pickup municipal level for several reasons, most of which revolve around is very rare within the State of Florida at ?term is mandatory pickup with either in-house (i.e. City perforrmng the env/ronmental and cleanliness issues. The function) or contracted out with a waste management company under a franchise agreement. Within a rd-county area from Brevard County to St. Lucie County, there is only one other City, besides Sebastian that offers optional solid waste pickup, and that is Fellsmere. Of the fifteen (15) cities and three (3) counties in the area mentioned above, fifteen (15) have mandatory pickup, five (5) do it in-house, and thirteen (13) contract with outside companies. Following is a list of the cities and counties, type of pickup, franchised with, and fees. Monthly Fee, ~ Incl Franchise T~rash Hauler. Franchise Franchise Rate ~ Canaveral Rarbor Beacl X X X X Satellite Beach Titusville ~ River County a RiYer Shor~s ~ Beach St. Lucie County Ft. Pierce Port St. Lucie X X X X X X X X X X X X X X 7.66 Waste Management, Inc. YES 9.24 Waste Management, Inc. YES None 14.01 Waste Management, Inc. YES 9.9 l gaste Management, Inc. YES 10% 4.88 Yaste Management, lac. YES 6.24 Kaste Management, Inc. YES 7.00 2ity Provided Service N/A None Waste Management, Inc. YES 10% 6.58 8.70 Eity Provided Service N/A None Waste Mgmt(N)/T.C.(S) YES 6% YES 6% Waste Management, Inc. Treasure Coast Waste Non Exc[ lower than county Eapital Sanitation YES 6% City Provided Service N/A None St Lucie Solid Waste N/A None N/A None CityProvided Service Waste Management, Inc. YES w12.39fr7.70(J~, 12.92 W12.39/T7.70(~), 12.92 6.80 8.59 11.65 12.29 14.56 13.85 The above and the cost of landfill closure. This non ad valorem assessment is in lieu of charging a dumping fee on top of the collection fee. Since not everyone is billed for collection, each residential and nonresidential unit is billed for the cost of solid waste dumping into the landfill. This is a cost effective way ofinsur/ng that all occupied units pay for the cost of the Iandfill. Non-Mandatory (Current) The fee for collection, including the Franchise Fee, is $103.08 per year for those residential units who have elected to have their trash picked up and delivered to the landfill for them. This cost is fairly low and the level of service associated with this cost has been questioned. In addition, this fee includes the cost of billing, collection and stickers. Although this is the cost to those residential units that have solid waste pickup there are additional costs that all landowners pay. These additional costs represent monitoring costs, fielding telephone calls, various road repairs, and cleaning up various dumpsites in the City. These costs, when spread over all personnel is estimated at an additional $50,000 per year or $7 per assessed property. When including the solid waste fee for the landfill, the total cost per month is $14.93, or $1.24 per pickup (assuming three pickups per week, four weeks per month). Non-Mandatory (Estimated) The fee for collection, including the Franchise Fee, is $12.66 per month or $151.92 per year. This is the estimate of fees provided by Treasure Coast and Waste Management assum/ng the cost of billing, collection, and tagging of container is born by the hauler. Both of these compahies are established, well respected solid waste haulers, one of which, Treasure Coast, used to haul solid waste in Sebastian. When combined with the Solid Waste Fee, the cost would be $19.00 per month or $1.58 per pickup (assuming three pickups per week, four weeks per month). Mandatory (Estimated) As mentioned above, mandatory only means that each residential unit would be assessed for the service whether or not it was used. Hauling solid waste to the transfer station would still be a prerogative of the residential unit owner. The fee for collection, including the Franchise Fee, is estimated at $9.54 per month or $114.48 per year. This fee assumes that the collection of the solid waste fee will be through a non ad valorem assessment on all residential units in the City. Vacant lots are not included in the assessment. When combined with the Solid Waste Fee, the cost would be $15.88 per month or $1.32 per pickup (assuming three pickups per week, four weeks per month). The information presented above is to provide you with a breakdown of the costs associated with the three types of collection services and the fees and bi/ling practice associated with each. This information will be further expanded upon via a presentation on October 9, 2002 regarding so/id waste collection. As can be seen from the above schedule, fees vary. One of the overriding issues regarding cost is how far the landfills are from the City/County. For example, Melbourne's landfill is right next to the City, so the cost of hauling is decreased. If Melbourne must haul to the Cocoa landfill, then the costs would increase accordingly. Another cost is collection of fees. If the franchised company must collect the fees, there is the added cost of collection passed to the customer. If the City bills for mandatory pickup, the collection cost goes down, thus the fees go down. What would it mean for the City to go to mandatory pickup? For the most part, it provides a cleaner and safer environment. As is noted in the table above, the only jurisdictions with non-mandatory pickup are in Indian River County, and of that, only in Sebastian, Fellsmere and the County unincorporated area. All other locations are mandatory. A resident still would have the option of taking trash to a transfer station (or, as so often happens, a near-by vacant lot), however, when the service is billed to the resident, there is less of a need or desire to do so. If a resident is going to be billed for it, they might as well take advantage of it. In addition, there is no longer a need to be concerned with decals and the like. Also, and most important, mandatory pickup will reduce the number of garbage dumps on vacant land in the City. This, in and of itself, will provide a cleaner and healthier environment within the City. As indicated above, there are three options currently in affect along the wi-county area of Brevard to St. Lueie Counties, (1) mandatory pick-up with in-house pickup, (2) mandatory pickup with a franchise hauler and, (3) non- mandatory pickup with a franchise hauler. The majority currently is mandatory pickup with a franchise hauler. The differences in fees relates, for the most part, to the distance necessary to travel to the landfills as explained above. Under the mandatory option, revenue collection would be assessed via a non-ad valorem assessment, similar to the Stormwater Utility Fee. The billing would be for all residential customers within the corporate limits of the City of Sebastian. Revenue would be collected and payments made to the franchise hauler, with a collection fee (franchise fee) for the City, and we would have to take into account the 2% collection fee which the Tax Collector's office charges for collecting and remitting the assessment. All of these fees would be included in the Franchise Agreement with the respective hauler. TIMING FOR IMPLEMENTATION_ Implementation of mandatory collection of solid waste would require the City to vote on a resolution before January 1, 2003, or if the Property Appraiser, Tax Collector and City agree, by March 1, 2003. In either case, the City is required to publish notice of its intent to use the uniform method for the levy of non-ad valorem assessments four (4) consecutive times in advance of the hearing on the resolution and must then forward Property Appraiser, Tax Collector and Department of Revenue, by January 10, 2003 or the adopted resolution to the - ' March 10, 2003, respective of the dates cited above. It is recommended that if this method ~s approved, that it be in advance of January 1 as opposed to March 1 dates. By this action, the method of collection will be set in the RFP for responders to use in quoting their rates. In summary, the steps to take would be: 1. Approve Mandatory Collection at least six weeks in advance of the first meeting December 2002 which is December 11, 2002. 2. Publish in the Press Journal over the course of four consecutive weeks, the City's intent to use the uniform method of collecting solid waste fees, via a non-ad valorem taxes. Please note, the an amount of the assessment is not required at this time. . . 3. Upon adopti°n °f the res°luti°n' f°rward certified c°pies t° the three named ent~t~es ab°ye' Following these steps will insure that the City is at the least in a position to begha collecting the solid waste non-ad valorem assessments in November 2003. Please note, that if the City elects to maintain non-mandatory pickup, the method of collection above would not be available due to the ' . extensive resources necessary to maintain a fluid database for collection. Collector agrees to develop and incur the costs for an initial one day kick-off program prior to beginning ~he residential recycling servioeo Collector will also assist in the development of flyers and stickers for the initialization of the program. The ColleCtor shall distribute the flyers and Stickers at its expense, while the S.W.D.D. incurs the printing The Collector further agrees to COnduct a reasonable esso. clarions and other appropriate citizens groups. ~u~ withi CC~cto~' t--~-~ h ind~trect e~P~of the unic' e 'tv. 14.1 - commercial~Roll_off Service ~illing & Rates 14.1.1 - Billing for conumercial Collection Service Will be the responsibility of the Collector. s 14.1.2 - All customers receiving ervice Will be Char e~ rc~al collection ~e billed mo ~- . '~. Charges will Containerized service applies to commercial service wherein Loose Pick-up service applies to commercial service Wherein There ~ill be a minimum monthly service charge of - $25.98. SFPJ{N93.DOC -28- Language Underlined is Added Language stricken is Deleted Ope~ ~op ~ype a) 15 cubic Yards b) 20 cubic Yards c) 30 cubic Yards Rol!-0ff Charges Per Pull d) 40 cubic yards ~nclssed Compactor TYpe a) 20 cubic yards or less b) 21-40 cubic Yards $130.00 per pull $!43.00 per PUll $169.00 Per Pull $1~$.00 per Pull $!53.00 Per Pull $205.00 Per Pull negotiated between the Collector and the Customer. The rates for Commercial Collection SerVice and Roil-off Collection Service, contained in Sections 14.1.2 and 14.1.3, do not include dispOSal fees, roll-out SerVice. These fees will be added to, and reflected on, the customers invoice. 14.1.5 , Deposits: A deposit shall be Paid to the fee. The deposit may be aPPlied to any aCCount not paid Within thirty (30) days; or, upon request of a User terminating SerVice, the deposit may be applied billing, to the cUstomerfs final 14.1.~ . Delinquent AccoUnts: in the event any account is not fully Paid within fifty ($0) days from the billing date, the account shall be deemed delinquent. The customer Shall be sent a written notice of SUch delinquency by the ColleCtor and a copy will be forwarded to the S.W.D.D. If any delinquent account is not Paid in full within ten (10) days after sending Such notice, collection service shall Cease and the shall be notified. The $.W.D.D. will notify Other franchisees of the delinquent account and no Service may be Provided to the delinquent cUStomer by any franchisee until the delinquency is corrected. HSFR~93.DOc -29- Languaqe Underlined is Added Language stricken is Deleted be subject to budget, review and approval by the County. Collector agrees to develop and incur the costs for an initial one day kick-off program prio~ to beginning the residential recycling service. Collector will also assist in the development of flyers and s~/ckers. ~or th~ initialization of the program. The collector shall distribute the flyers and stickers at its expense, while the S.W.D.D. incurs the printing The Collector further agrees to conduct a reasonable number of presentations for schools, civic groups, homeowners associations and other appropriate citizens groups. ~3.11 - ~dditional/SDeci&l SerViCes to Municinalities: Where a municiDalitv within Collector's Residential Rec~clin~ Service Area desires re~vclino service exceeding that provided herein the collector may provide such additional/special service through individual contract with the municipality and at the expense of the municipalitY. ARTICLE V CHARGES, PATES AND LEVEL OF SERVICE Section 14. BILLING & PATES 14.1 - commer=ial/Roll-off Service Billing & Rates 14.1.1 - Billing for commercial collection service, and for roll-off collection service for compaction, construction and demolition debris, landclearing debris, and yard/garden trash will be the responsibility of the Collector- 14.1.2 - Ail customers receiving commercial collection service will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Collector as follows: containerized Rate per cubic yard per pick up -- $6.S0. Containerized service applies to commercial service wherein the collector provides a waste container of 2-10 yard capacity. Loose pick-up Rate per cubic yard per pick up -- $$.00. Loose Pick-up service applies to commercial service wherein the commercial customer provides his own waste container. Language underlined is Added Language stricken is Deleted There will be e minimum monthly service charqe of - $25.98. 14.1.3 - Roll-Off Charges Per Pull 1. Open Top Type a} 15 cubic yards b) 20 cubic yards 30 cubic yards d) 40 cubic yards 2. Enclosed Compactor Type a) 20 cubic yards or less b) 21-40 cubic yards $130.00 per pull $143.00 per pull $169.00 per pull $195.00 per pull $153.00 per pull $205.D0 per pull thirty (30) service, the billing. 14.1.6 - The rates listed above are maximums, volume discounts can be negotiated between the Collector and the Customer. 14.1.4 - Other Charges: The rates for Co~ercial Collection Service and Roll-off Collection Service, contained in Sections 14.1.2 end 14.1.3, do not include disposal fees, maintenance fees, franchise fees, and other extra charges for roll-out service. These fees will be added to, and reflected on, the customers invoice. 14.1.5 - Deposits: A deposit shall be paid to the Collector on all new or reinstated delinquent commercial accounts in an amount equivalent to one (1) month's collection fee. The deposit may be applied to any account not paid within days; or, upon request of a user terminating deposit may be applied to the customer,s final Delinquent Accounts: In the event any account is not fully paid within fifty (50) days from the billing date, the account shall be deemed delinquent. The customer shall be sent a written notice of such delinquency by the Collector and a copy will be forwarded to the S.W.D.D. If any delinquent account is not paid in full within ten (10) days after sending such notice, collection service shall ceese and the S.W.D.D. shell be notified. The S.W.D.D. will notify other franchisees of the delinquent account and nc service may be provided to the delinquent customer by any franchisee until the delinquency is TCFRAN93.DOC -29- Language underlined is Added Language stricken is Deleted INDIAN RIVER COLrNTY DATE: TO: VIA: FROM: SUBJECT: SWDD SOLD WASTE DISPOSAL DISTtLICT AGENDA ITEM APPdL 22, 2002 JAMES E. CI-IAxNDLER ~ COUNTY ADMINISTRATOR (~ ~,' ERIK OLSON, DIRECTOR DEPA.KTlViENT OF UTILITY SERVICE B ACKGP~OU'iqD At the 4 September 2001 BCC meeting, the curbside recycling contract (CSR) was extended until 31 March 2002 to come,de w~tn the mumcipal solid waste (MSW) pick up contract. At this same meeting, the BCC directed staff to enter into negotiations with the two e,,dsting solid waste franchise haulers, Waste Management and Treasure Coast Refuse, in an attempt to reach satisfactory terms for the franchise renewals. If satisfactory results could not be reached, putting a contract on the street for bidding was authorized. Prior to entering negotiations, we developed a survey, which was sent to every County in Florida, to determine existing franchise conditions. We aisc suggested that both franchise holders provide information on new RFP's they were aware of, which they did, and proved to be extremely useful for us. From this information we determined a range of prines, services, franchise fees and performance standards. ANALYSIS In brief, our goals were to maximize benefits to our citizens and businesses, revise performance standards, provide predictable stability, equalize residential rates (presently Waste Management charges $12.39 per month and Treasure Coast charges $1.3.90 per month for single family residential), increase recycling, mihimize the fiscal impact on the SWDD budget and provide a fair return to the franchise holders~ Previously, Indian River County's l:ranckise Agreement with Waste Management and Treasure Coast Refuse allowed for annual CPI rate increases. The annual increases were predicated upon an annual request, from each hauler. Waste Management has in the past opted to forego its annual rate increase(s) resulting in a substantial savings for Indian River County. Wh/Ie Treasure Coast Refuse has in the past exercised ks option for annual rate increases, the company will now be decreasing its rate with a 12% decrease. As a result, both companies are considered to be cooperative in Indian River County's desire to maximize its cost savings when negotiating the renewal of the haulers' contracts. Our philosophy was to provide a wirdwin situation for al1 involYed. Also discussed by the Utility Advisory Committee was the possibility of requiring mandatory MSW collection for new residential developments along with both of these will allowing the franchise holders to negotiate with Proper Owner's Associations, be discussed at a later date, and ~re nor incorporated into the current staffrecom_mendations. During our review of Iandfdl usages, staff determined that there were actually four categories of commercial users of the C/D IandfiI/. They are: · Category 1) The small independent business-person who cleans up C/D debris for a fee ut/i/z/rig trucks or small containers not utilizing a rol/-off container system; · Category 2) The construction company who hauls C/D generated as a byproduct of their business; · Category .3) Compan/es that utilize a roll-offcontainer system in the exact same manner as the two ex/sting franckise holders, however they have no license from SWDD nor do they pay a franchisee fee; ° Category 4) Treasure Coast and Waste Management who utilize roll-off container systems. It should be noted that the companies covered by Category 3 above, number approximately two and account for approx/mately 2% of the total monthly C/D revenues. Staffis concerned th-at not only do the haulers 1/sted in 1 and 3 above do not pay a franchise fee but aisc do not'operate under the same regulations as Waste Management and Treasure Coast do. Several negotiation sessions were held starting in late November. It must be noted that the members of Waste Management and Treasure Coast Refuse negotiating teams were quite interested in continuing their relationship with Indian River County and were wi/ling to listen to our concerns regarding price, performance standards, construction/demolition with us to develop an acceptable franchise agreement, service and to work -RECO~ATION 1) The CSI% and MSW franchises will be combined into one, with two franchise holders with the existing boundaries, Waste Management North County, Treasure Coast South County. 2) Franchise will be for seven (7) years, effect/ye at the signing of the rev/sod franchise agreement. (Present franchise is for 10 years.) 3) Equalize both monthly single family residential rates at $12.39 per month. 4) Limit commercial C/D hauling with roll-off containers to Treasure Coast and Waste Management only. 5) Allow commercial C/D hauling.by small businesses (Category 1) which do not employ rol/-off containers. However, they Mil be requ/red to obtain a C/D hauling license and pay a service fee of 6% of C/D hanhng revenues. 6) The existing performance standards will be replaced with one modeled on those ut//ized by Orange and Palm Beach Counties. 7) The franchise fee will remain at 6%. 8) The annual raise for MSW and CSR will be based on the C?I and effective 1 October cf each year. 9) Both franchise holders wiI1 do an education campaign two times a year, either generic recycling or IRC specific; $2,000.00 w/il be spent on each campaign. 10) There will be no change to commercial collect/on rates. 11) The IRC BCC will ~t~?~adverse to either franchise holder subcontracting services to small businesses. ~'-~'~ ~q~2- ALTERlgAT1WE S. 1) Grandfather e,xisting :ommercial C/D haulers that employ roll-off containers (Category 3) and require that they pay a licensing fee and service fee to SWDD. Staff recommends accepting the negotiated a~eements number 1 thru 11 listed above, issuing a seven (7) year contract with Treasure Coast and Waste Management utilizing the aforememioned changes. In reviewing the process of franchise renewal, the County Attorney recommends that an ordinance be developed defining the criteria and regulations that would be incorporated in the · ore subject to the BCC's approval of the above, staff franchise agreement Theref ' _ ~ ,~,~o ........ ~ ~ anchise contract and an ordinance recomt~endatlorls, staffWlJ.~ bring OUt~ *~ , r r~lated to waste hauling with the County. APPROVED FOI~ AGENDA ffAI~S E. CHANDLER CO~fNTY ADMI~STRATOK ~/dc MyDo~n~Ag~nd~~ONS/~ FRANCHISE A~REEMENT RESIDENTIAL SOLID ~4ASTE COLLECTION SERVICES This agreement, made this llth day of June, 1998, by and between R & R Corporate Systems, Inc.,/d/b/a Capital Sanitation, (hereinafter referred to as the "Contractor")and the City of Sebastian, Indian River County, Florida, (hereinafter referred to as the "city"); WHEREA~, the City Council of the City of Sebastian, Florida, has determined that it is in the best interest of the City to grant a solid waste collection franchise to an independent solid waste collection service; and WHEREAS, the City has, through acceptance of public request for proposal determined that R & R Corporate Systems, Inc., d/b/a Capital Sanitation will provide the required service in the City of Sebastian for a variety of factors, including costs; and WHEREAS, the City Council has determined that the best interest of the citizens of the City of Sebastian will be served by granting an exclusive franchise to R & R Corporate Systems, Inc., d/b/a Capital Sanitation or the purpose of residential solid waste collection services. NOW THEREFORE, IT IS AGREED BY THE CONTRACTOR AND THE CITY AS FOLLOWS: ~ GRANTING OF FRANCHISE. R& R Corporate Systems,Inc.,d/b/a Capital Sanitation ("Contractor") is granted the exclusive right, privilege, and/or franchise to operate upon, over and across the streets, alleys, bridges, and other public thoroughfares of the City of Sebastian (the "City") for the purpose of collecting, removing and disposing of solid waste material from residential customers in the City of Sebastian subject to the terms, conditions and exceptions herein. ~ DEFINITIONS. A. Biohazardous, Biomedical, and Infectious Waste: means those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; included, but not limited to, waste from the operation of medical clinics, hospitals, and other facilities producing waste which may consist of, but are not limited to, pathological specimens, and surgical gloves. B. City: means diseased human and animal parts, hypodermic needles, the City of Sebastian, contaminated bandages, contaminated clothing Florida. Sebastian, D. Systems, rope, City Manager: means the City Manager of the City of Florida or his designee. Contractor: the word "contractor" refers to R&R Corporate Inc., d/b/a Capital Sanitation. Cover: means any device, equipment, tarpaulin, E. chain, wire or line used on vehicles to prevent the contents, or any par of such vehicles' load, from sifting, blowing, leaking, falling or otherwise being discharged, disbursed or escaping from such vehicles. F. Curbside: of the street right-of-way between the curb line and the word "curbside" is defined as paralleling any public abutting property line. bisects the property and thoroughfare, the the roadside of the ditch. G. Disposal: means dumping, burying, spilling, that portion thoroughfare If a ditch curbside then becomes the discharge, deposit, injection, scattering, leaking, storing or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air, discharged into any waters, including groundwaters, or otherwise enter the envirornnent, except as specifically authorized by the City. H. Dump: means to throw, discard, place, deposit, dispose or bury any solid waste into or upon any land or water, except as specifically authorized by the City. I. Garbage: the word "garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. J. Garbage Can or Receptacle: the words "garbage can" or 3 "receptacle" shall mean a container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be lifted, and which shall not have any inside structure, such as inside bands or reinforcing angles, or anything within that would prevent the free discharge of the contents. Such waterproof bag liner, which can be and which is a type approved by the "receptacle" may also be a safely and securely closed, collector and the city. K. Hazardous Waste: the words "hazardous waste" shall be defined as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. §1002, as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C. 92601, as amended, or under regulations promulgated thereunder or defined as hazardous under the Florida Administrative Code Chapter 17-730 or any other applicable state or local law or regulation. L. Litter: can, bottle, box, appliance; mechanical container, paper, equipment or part, means any solid waste identified as garbage, tobacco product, tire, construction or demolition material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air 4 pollution control facility, domestic, industrial, goverru~ental operations. M. include all "residential homes, multi-family units, units. or substance in any form resulting from commercial, mining agricultural or Residential: the word "residential" shall mean and customers," consisting of single family individual mobile homes and other living Multi-family units and mobile home parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. N. Residential Improved Real Property: means all improved real property used for either a multifamily residence, or a single family residence, including mobile home parks. O. Single-Family Residence: means any building or structure designed or constructed for and capable of use as a residence for one family regardless of the type of structure. Such term includes a mobile home or trailer erected on a parcel of property owned and offered for sale under the condominium concept of ownership or on a separate parcel of property not included within the definition of mobile home park. P. Sludge: means a solid or semi-solid, or liquid generated from any waste water treatment plan, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such waste having similar characteristics or Q. Solid waste: term which includes household junk, but effects. the words "solid waste" shall be a general the specific terms garbage, trash, and which does not include hazardous waste, industrial or special waste. R. Special waste: shall include automobiles, boats, internal combustion engines, non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste, liquid waste, and Hazardous Waste. Special Waste may also include items determined by the City Manager to be reasonably unmanageable. Trash: accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four (4) inches diameter), bushes, or shrubs, green leaf coconuts, fruits, or other matter usually created as care of lawns and yards. T. W~ite Goods: means refrigerators, ranges, washers, any inoperative water heaters, cuttings, refuse in the and discarded and other similar domestic and commercial appliances. Section 3. TERM. The term of this franchise shall be for a period of five (5) years from the effective date. Section 4. NON - MANDATORY SERVICE. Each residential customer within the City shall be 6 provided with solid waste pick-up and removal services, if they so desire said services. The residential customer may decline the offer of solid waste pick-up and removal services; and they shall not be charged for same. Industrial waste and special waste accounts shall be serviced only upon the execution of individual agreements between collector and the customer. The collector shall be deemed to have obtain title to conforming solid waste at the time it is collected. Section 5. DESCRIPTION OF SERVICES. 5.1 Contractor shall provide exclusive residential solid waste collection services within the City limits of the City of Sebastian. The contract must include all specified services; no partial or split service will be permitted. The contractor will be responsible for both the billing and collection of solid waste fees and has the right to discontinue services to customers for non-payment. 5.2 It is the responsibility of the contractor to become familiar with and to determine the nature and conditions affecting the collection and disposal of residential solid waste in the City of Sebastian. The contractor is responsible for determining the impact and complying with the Florida Solid Waste Management Act. 5.3 The contractor shall provide at his/her own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and 7 things necessary to maintain the standard of collections and disposal set forth herein. 5.4 The contractor shall conduct his/her work in such a manner as to avoid damage to adjacent private or public property and shall operate with due care in the vicinity of such utilities, and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or damage caused by its operation. The contractor shall immediately notify the Public Works Director of such damage and shall advise of corrective action taken or to be taken. 5.5 The contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide the proper notification to the property owner specifying corrective action. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the contractor, the contractor shall promptly clean up all spillage. 5.6 All solid waste shall facilities maintained by the county, within Indian River County. 5.7 The additional quantity be hauled to those sites or or other approved facilities of refuse generated by the influx of seasonal visitors and residents will not be a justification for the contractor to fail to maintain the required collection schedules, routes and levels of services. 5.8 This Franchise Agreement does not create a mandatory trash collection service for all City residents. ~ RESIDENTIAL COLLECTION SERVICE. 6.1 The contractor shall have the exclusive right to collect and dispose of all solid waste, except infectious waste, hazardous waste, biohazardous waste, biological waste special waste and sludge, from all Residential Customers. Residential Customers consist of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and Mobile Home Parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. 6.2 The contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one specified and published day per week. must be bundled or in reusable containers, not to each. Grass clippings and small branches, etc., biodegradable paper bags or other reusable containers. Ail yard trash exceed 50 pounds must be in Yard trash contained in plastic bags will not be picked up. Yard trash must be separated from all other refuse. Household furniture need not be containerized and will be picked up with regular trash collection service. White Goods (as defined in Section 2.T. herein on page 6,)will be picked up by a carrier chosen by Indian River County, at no additional charge, completely separate and apart from this Franchise Agreement. White Goods will be picked up on a one (1)week on call basis, as per Indian River County Agreement, with its contractor, or as hereafter may be amended, and must be recycled at the appropriate locations. The contractor shall assist its customer(s) in securing such services if requested, however, is not responsible for the accomplishment of said services, and is held harmless for the same. 6.3 Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 6:00 p.m., Monday through Friday. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the contractor has received prior approval from the City Manager or his/her designee, to be later evidenced by a written memorandum confirming the approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special pickups may be requested by customers at additional cost which shall be billed by the contractor. 6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an appropriate location cannot be 10 agreed upon, the City Manager shall designate the location. Any costs associated with identification of contractor's customers is to be borne solely by the contractor. Such identification may be in a form of stickers or other mediu/~ affixed to the trash receptacles, etc., or other form of exceed 5" X 7" in size. 6.5 The contractor shall be this service. the contractor requirements Manager, and identification but not to required to pick up all for residential refuse which has been properly prepared and stored collection. All garbage, ashes, and rubbish shall be placed in a garbage can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside or at such other single collection points as may be agreed upon by the contractor and the customer. In view of the fact that certain residents are elderly and/or disabled persons, special pickup service for garbage only, at the back door, for such residents, shall be provided. There is no minimum or maximum distance from the curb to the back door for A place will be provided on the bid form to permit to list his price for this special service. for such service will be determined by the receipt by The City the with a minimum of Any garbage or trash immediately. Garbage such service will commence upon contractor of notification by the City Manager. 6.6 The contractor shall make collections noise and disturbance to the householder. spilled by the contractor shall be picked up cans or receptacles shall be handled carefully by the contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. 6.7 The contractor shall collect trash from normal maintenance of vacant lots which are tied to the principal residence by means of unity of title in the same manner as the collection from residences on single lots. It will not be the responsibility of the Contractor to remove trash resulting from clearing property for building purposes. If it is the practice of the area residents to place their yard trash or solid waste curbside on the vacant lot, that waste shall also be collected in the same manner as the collection from the residence. SCHEDULES, ROUTES, STORMS AND HOLIDAYS. Section 7. 7.1 The contractor shall provide the City with schedules for all If all collection routes and keep such information current at times. The City Manager shall approve all collection routes. any change in the collection routes occurs, then the City shall be immediately notified in writing. The City Manager shall approve all permanent chanqes in routes or schedules. Upon approval of the routes by the City Manager, the contractor shall publish in a newspaper of general circulation in Indian River County at least prior to the effective date of such route or The cost of publication shall be borne solely by In addition the contractor shall be responsible seven (7) days schedule changes. the contractor. for advertising all route and collection information in a newspaper of general circulation in Indian River County at least twice per year, on or about the 1st of April and the 1st of October of each year, the cost of which is to be borne solely by the contractor. 7.2 In case of a storm or hurricane, the City Manaqer or his/her designee may grant the contractor reasonable variance from regular schedules ~and routes. As soon as practicable after such storm, the contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting to work with the rapid cleanup of compensation above the overtime, and cost of from the storm, the contractor shall be required City in all possible ways for the efficient and the City. The contractor shall receive extra Contract Agreement for additional labor, rental equipment, provided he has first secured prior written authorization from the City Manager or his/her designee. The total cost for such service shall be based on rates jointly agreed to in advance by the City Manager or his/her desiqnee and the contractor. In the event of such storm or hurricane emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by the City Manager. 13 7.3 the normal Year's Day, Christmas Day. public notice circulation. The City agrees to exempt residential collection from collection schedule on the following holidays: New Independence Day, Labor Day, Thanksgiving Day and These holidays will be indicated in the initial to customers in a local newspaper of general The contractor will be excused from trash pickup these days and will not be required to make up the lost pickup day. The Contractor will reduce the customer's monthly bill for any lost pick up days which a customer may suffer. 7.4 The contractor shall have on hand at all times and in good working order such equipment as shall permit the contractor to adequately and efficiently perform its contractual duties. The equipment shall be of the enclosed loader packer type and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Section 8~ OTHER PROVISIONS. 8.1 The contractor shall comply with all applicable City, State and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. 8.2 The contractor is required and hereby agrees by execution of this Franchise Agreement to pay all employees not less than the federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor 14 Standard Act as amended and changed from time to time. 8.3 No person shall be denied employment by the contractor reasons of race, sex, national origin, creed, age, or for religion. 8.4 Contract unit price will remain twenty-four (24) months of the Contract Term. ensuing Contract years, upon a formal request Contractor shall be negotiated by the City Manager. firm for the first The unit price for filed by the Any increase in prices for ensuing years shall not exceed the percentage of movement of the United States Department of Labor, Consumer Price Index most recent printing at the beginning of each contract year. All rate adjustments shall be subject to the approval of the City Council by resolution. 8.5 The contractor shall pay the City of Sebastian a gross receipts franchise fee, according to the schedule set forth in Section 9 of this Ordinance, and agrees all contractor's records will be available for inspection with reasonable notice and during regular business hours, to support the franchise fee. This fee will be six percent (6%) of the contractor's gross The approved rate as set forth in Section 10 of the franchise receipts. Ordinance shall reflect the total rate to the adjustment for the franchise fee. customer without 8.6 The contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. In order that the City may be informed of the quality of service, the 15 contractor agrees to maintain a record of all complaints for inspection by the City. The contractor agrees to furnish a monthly report listing the name and address of each person complaining, the nature of the complaint, and the disposition of each complaint. All complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the city and two (2) copies to be retained by the contractor. Complaints received before 12:00 noon each day shall be serviced by 6:00 P.M. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon the following calendar day. For each month in which the number of legitimate complaints reaches ten (10) or more for any cause the city shall be entitled to claim liquidated damages of Ten Dollars ($10.00) per complaint. Each complaint shall be considered legitimate unless satisfactory disposition of the complaint is furnished. The decision of the City Manager as to the legitimacy of any complaint shall be considered final. The failure of the contractor to resolve customer complaints without valid cause is considered a material breach of this Franchise Agreement and may subject the contractor to the cancellation of the Agreement. 8.7 Prior to the effective date of this agreement, the contractor shall obtain, at his/her own expense, all permits and licenses required by law or Ordinance and maintain the same in full force and effect. 8.8 Upon the City's acceptance of this Franchise Agreement, the contractor shall notify the general public and all residential service customers that the contractor will be providing exclusive 16 trash pickup services within the city of Sebastian. Contractor shall supply necessary information to begin service to prospective customers, and shall publish the days of pickup, holidays when no service will be provided, general rate structure, and general information to provide a smooth transition from the current service to the new exclusive service. Such notice shall~ be in a local newspaper of general circulation in prior to beginning services, and once months after service begins. 8.9 A. The contractor insurance coverage for all Indian River County, twice in each of two consecutive shall furnish to the city evidence of insurance required under the provisions of this section of this Agreement immediately upon the execution of this Agreement by the parties. Failure of the contractor to maintain said insurance at any time during the term of this Agreement by the contractor, shall be construed to be a material breach of the Agreement by the contractor. B. The contractor shall provide and maintain during the term of this Agreement such worker's compensation insurance as required by law for all of its employees employed in connection with the performance of the work provided for under this Agreement. C. The contractor agrees to indemnify and save harmless the City from any and all liability, claims, damages, losses, expenses, proceedings and causes of action of every kind and nature arising out of or connected with the performance of his duties provided for under this Agreement. The contractor further agrees to, at its own 17 expense, defend any and all actions, suits or proceedings which may be brought against the city in connection with the performance of its duties under this Agreement and to satisfy, pay and discharge any and all judgments that may be entered against the city in any such action or proceedings. The contractor agrees to provide and maintain' at all times during the term of this Agreement, without cost or expense to the city, policies of insurance generally known as "public liability policies," insuring the contractor against any and all claims, demands or causes of action whatsoever for injuries received or damage to property relating to the performance of the duties of the contractor under the terms and provisions of this Agreement. Such policies of insurance shall insure the contractor in an amount not less than One Million Dollars ($1,000,000.00) to cover any and all claims connected with any accident or occurrence that may arise or be claimed to have arisen against the contractor. The contractor shall also obtain property damage insurance insuring the contractor in an amount not less than Three Hundred Thousand Dollars ($300,000.00) to cover the claims of any person or persons from a single or specific act that results in alleged damage to property. The contractor agrees to provide and maintain at all times under this Agreement motor vehicle public liability insurance in an amount of not less than One Million Dollars ($1,000,000.00) to cover the claims of one person, and One Million ($1,000,000.00) per incident. Said insurance policies shall provide that the City shall be entitled to thirty (30) days writtsn notice of any changes or cancellations in said policies. A certificate.~ of insurance indicating that the contractor has coverage in accordance with the requirements of thi~ Agreement shall be furnishedbYthecontractor to the city Manager within ten (10) days from the date of execution of this Agreement. 8.10 The company will maintain and operate its residential trash collection service in accordance with the laws of the State of Florida, Federal laws, including OSHA Federal Regulations, and the rules, regulationS, and Franchise Ordinances as are or may be set forth by the Council from time to time. Failure of the contractor to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of the franchise and rules and regulations as set forth by Council shall constitute a violation of the Franchise Agreement and may be terminated by the City as specified in the Franchise Agreement. 8.11 Access to Company Records. The City shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer, and service records relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the city when required. 8.12 The contractor may be held in default of the Agreement in the event the contractor: (1) Fails to perform the collections required by this Agreement and appears, to the city Manager, to have 19 (2) abandoned the work, or to be unable to resume performance within forty-eight (48) hours; or Has failed on three (3) or more occasions of three (3) working days duration in any year, to perform the collections required by the Agreement; or (3) Repeatedly neglects, fails, or refuses to comply with any of the material terms of the Agreement, after having received notice of its obligation to so comply. Proceedings under this section are in addition to the remedies described in Section 8.4 for the breach of their respective requirements. To initiate proceedings under this section, the City Manager shall first request the city Council to declare the contractor in default. Within three (3) working days after its receipt of such a request, the City shall give notice to the contractor, its surety, and the city Manager of the location,, time, and date within the following seven calendar days of a public hearing at which the contractor may show cause why it should not be declared in default. In the event the contractor fails to show, to the satisfaction of the City, cause why the contractor should not be declared to be in default, the City Council shall make such declaration. In declaring the contractor to have defaulted on the Agreement, the cit~ may also order the contractor to discontinue further performance of work under the contract and transfer the obligation to perform such work from the contractor to the Surety 20 on the contractor's performance bond and take any other action it deems advisable. 8.13 SECURITY FUND (fund) The contractor shall establish a permanent security fund with the city by depositing the amount of two thousand five hundred dollars ($2,500.00), with the city in cash, an unconditional letter of credit, oK other instrument acceptable to the city, which fund shall be maintained at the sole expense of the contractor. The balance in the fund shall be released back to the contractor upon termination of the Franchise Agreement. (a) The fund shall serve as security for the full and complete performance of the Franchise Agreement, including any cost, expenses, damages or loss the city pays or incurs because of any failure attributable to the contractor to comply with the codes, rules, regulations of the city. (b) Before 'any sums are withdrawn from the fund, the city. shall give written notice to the contractor: (1) describing the act, default or failure to be remedied, or the damages, cost or expenses which the city has incurred by reason of grantee's act or default; (2) providing reasonable contractor to first remedy the existing or default or failure, if applicable; (3) providing a reasonable opportunity opportunity for ongoing for the 21 contractor to pay any monies due the City before the City withdraws the amount thereof from the fund, if applicable; (4) that the contractor will be given an opportunity to review the act, default or failure described in the notice with the City Manager. (c) Contractor shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. 8.14 PERFORMANCE BOND The contractor shall provide a contractor's performance and payment bond in the amount of Seventy Thousand Dollars ($70,000.00) with a surety company acceptable to the City as surety, which bond shall be conditioned that such contractor shall faithfully perform all of the provisions of this Agreement and pay all laborers, mechanics, subcontractors, materialmen, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the performance of this Agreement; and shall perform work or services, or furnish material to any subcontractor, shall have the same right under the provisions of such bond as if such works, services or material was furnished to the original contractor, and shall contain appropriate recitations; (1) that is issued pursuant to this section of this Agreement; and (2) that any condition or limitation in such bond which is in conflict with the conditions and requirements of this section is void. 22 In lieu of the Performance Bond required herein the contractor may enter into an Agreement with the city, drafted to the satisfaction and approval of the city Attorney and the city Manager, that the contractor shall make a deposit to an escrow account in a bank approved by the city, in cash or in negotiable government securities equal at all times in market value to the face amount of the bonds° such Agreement shall provide that the cash or negotiable securities may be claimed by the city Manager, under the same circumstances as provided for use of the Performance Bond. The bond or the cash or security deposit shall remain in effect for the initial term of the Agreement, and for the renewal period. 8.15 Upon receipt of a notice that the work has been transferred to the surety with termination of the Agreement, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the city Manager pursuant to Section 8.17 of the Agreement, for the purpose of completing the work under the Agreement; employ, by contract or otherwise, any person and all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Agreement and the bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Agreement subsequent to such transfer, in amounts equal to those that would have been made to the contractor had it performed in the manner and to the extent of the surety's 23 performance and the contractor shall have no claim upon the same. In the event the surety on the contractor's performance bond fails to assume or continue performances within forty-eight (48) hours after its receipt of notice that the work has been transferred to such surety, the contractor shall lease, sublease or otherwise license the City to use all, or whatever portion is desired by the City, of the materials and equipment described on the most recent inventory s~bmitted to the city Manager pursuant to Section 8.17 of the Agreement, for Collection purposes for a period of up to six (6) months following the date of the declaration of default by the City Council without requiring the city to execute any other document whatsoever to accomplish such lease, sublease or license and without requiring the city to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the City pay for the equipment and materials actually used for such collection a market rental that is not greater than the monthly lease, in the event such property is leased by the contractor; the periodic installment in the event such property is being acquired under a purchase contract; or the periodic interest and principal, in the event such property is being acquired under a financing arrangement; provided that under no circumstances shall the City be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default or other extraordinary payment; nor shall the satisfaction thereof be a condition of the City's interim use of such property; provided 24 further that such lease, sublease or license shall 'be suspended on the date the,surety on the contractor's bond or its agent accepts the transfer of work under the Agreement. In the event the City secures the performanc~ of work under the Agreement at a lesser cost than would have been payabl& to the contractor had the contractor performed the same, the city shall retain such difference; but in the event such cost to the city is greater, the contractor and its surety sh'all be liable for and pay the amount of such excess to the City. Ail payments due the contractor at the time of default, less amounts due the City from the contractor; shall be applied by the City against damages suffered and expense incurred by the City by reason of such default; any excess shall be paid to the contractor except as provided in the Agreement. Notwithstanding the provisions of this section, a delay or interruption iht he performance of all or any part of the Agreement resulting from changes ordered in the work, from labor disputes, or from other causes beyond the contractor's control, shall not be deemed to be a default and the rights and remedies of the city provided for herein shall not be applicable. 8.16 If the contractor fails to be at work at the time specified, persistently disregards laws, ordinances or instructions of the City Manager, or repeatedly fails to provide sufficient reserve workmen and equipment to insure the proper completion of the residential work by 6:00 P.M. each day, or performs the work unsatisfactorily or fails to collect refuse on a regular schedule, 25 or discontinues the prosecution of the work without authorization by the City, or becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows final judgment rising out of performance of the Agreement to stand against it unsatisfied fir a period of ten (10) days, the City will consider such action a breach of Agreement and give notice, in writing by registered mail, to 'the contractor and its surety of such breach. If the contractor or its surety, within ten (10) days after such notices, does not proceed to take over and complete the work under the orders of the City Manager, then the city Manager, because of the breach of Agreement, shall have full power and authority, without violating the Agreement or bond to take over the completion of said Agreement according to the terms and provisions thereof, or to use such other methods as in his opinion may be required for the completion of said Agreement in an acceptable manner. Furthermore, after the issuance by the City of its notice of intention to terminate the Agreement, the contractor shall not remove from its normal, daily workplace any of the equipment listed on the inventory approved by the City Manager in accordance with Section 8.17 of this Agreement until arrangements to continue the work, by Agreement, by surety, the City. For all costs, charges orotherwise, have been completed by and damages incurred by the city, together with the costs of completing the work, the contractor and its surety shall be liable, and such costs may be deducted from any monies due or which may become due the contractor. Should the City 26 incur any attorney'S fees to seek enforcement of any of the provisions in this Agreement and prevails, the contractor and its surety shall be liable for those fees, and such expense may be deducted from any monies due or which may become due to the contractor. In case the expense incurred by the city is less than the eum which would have been payable under the Agreement if it had been completed by the contractor, then the contractor and its surety shall be liable and shall pay the city the amount of said excess. 8.17 A. The contractor shall provide sufficient equipment to maintain regular schedules of collection and to promptly and efficiently perform its duties under this Agreement. The contractor shall provide to the city Manager, prior to t~e start of work under this Agreement, an inventory showing each type of vehicle (type, capacity, approximate age) used for performing work under this Agreement. The city Manager shall have the authority to inspect the vehicles on such inventory list and reject an unsuitable replacement. The contractor shall attach to such inventory & copy of each contract, lease, orother document that encumbers or limits the contractor's interests in such property. The contractor may change equipment from time to time and shall revise the inventory and the attachments thereto, accordingly; however, in no event shall the number of vehicles be less than the number of vehicles shown on the inventory provided prior to start of work under this Agreement. The contractor shall maintain a vehicular fleet during 27 the performance of work under this Agreement at least equal to that described in the inventory. The contractor shall describe on an attachment to the required inventory the service yards or contracts to be used in maintaining vehicles and equipment. The contractor shall give notice to the City Manager as to any material changes that might affect the performance of work underthis Agreement immediately after becoming aware of the same and shall make suitable remedial arrangements when needed. safe working condition and be standards maintained from time B. Equipment is to be maintained in a reasonably clean and painted uniformly according to to time by the City Manager. Equipment shall contain the name of the contractor and the truck number or code established by the City Manager printed in letters not less than three (3) inches high on each side of the vehicles. A record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on the vehicles. Each vehicle used for the collection of solid waste shall not exceed ten (10) years in age at any point and time .during the Agreement term, unless satisfactory proof is submitted showing substantial refurbishment of said vehicle(s) which would effectively bring the vehicle(s) to within ten (10) years old or less standards, as determined by the City Manager, shall have a fully enclosed, metal top and shall be watertight to a depth of not less than (12) inches and shall contain metal sides, and use pneumatic tires. However, the City Manager shall have the authority 28 to waive the requirement of a fully .enclosed, metal top in the event of an emergency. As an alternative.to a fully enclosed metal top for use in garden trash collection, said vehicle may be equipped with a cover which may be a net with mesh not!greater than One and one-half (1%) inches, or tarpaulin, and such cover shall be kept in good mechanical order and~used to cover the load in traveling to, from and during the loading operation or when parked if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter Solid waste, but when solid waste is scattered from a contractor's' vehicle for any reason, it Shall be the responsibility of the contractor to immediately pick up such scattered solid waste. Each truck shall be equipped at all times with a shovel and a broom for the collection of spilled refuse. Vehicles are to be washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant, once weekly, or at such times as established by the city Manager from time to time in order to be maintained in a clean and sanitary condition and all vehicles are to be washed on the outside at least weekly. The contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on streets and alleys unattended. 8.18 The following acts or omissions shall be considered a breach of the Agreement and for the purpose of computing damages under the provisions of this Section, it is agreed that the City Manager may obtain from the contractor, the following amounts as 29 liquidated damages, and or obtain stipulated in Section 8.13 herein: from the security fund as Collection of residential solid waste prior to 7:00 A.M. or after 6:00 P.M., unless specifically exempted by the City Manager. $5.00 each case. Legitimate Complaints - Section 8.6 (Over ten (10) per month). $10.00 each additional legitimate complaint. [,See Section 8.6 ] Failure to Clean vehicles and maintain in good working condition. $24.00 each vehicle [See Section 8.17 ] Failure to keep~vehicles closed or covered to prevent scattering of solid waste from the vehicle, unless specifically exempted by the City Manager. $25.00 each vehi61e [See Section 8.17 ] Loaded vehicles left standing on the street unnecessarily. $25.00 each vehicle. [See Section 8.17] Failure to maintain schedule established and given as a requirement of this Agreement, in writing to the public and the city. $25.00 per violation of route schedule [See Section 7.1] Failure to respond to complaints as required by this 30 agreement. [See Section 8.6] 8.19 No assignment or subletting of all or any portion of the work under this Agreement shall be permitted except with the written approval of the city. The contractor alone, subject to the provisions of its performance bond, shall be held responsible for the full and faithful performance of this Agreement. 8.20 The contractor shall be listed in the BellSouth telephone book which is distributed in the city of Sebastian. said listing shall provide a toll free number where its customer'S may call emergency and complaint calls during the entire week. The contractor shall display this number in a prominent place on all invoices or billing to its customer. In addition, the contractor shall designate a representative for emergency and complaint calls twenty-four (24) hours per day during the entire week. The contractor shall provide, at its own expense, a suitable office located within the city of sebastian. ~ pAYMENTS TO CITY. Beginning with the effective pursuant to Section 8.5 of this ordinance, date of this Agreement, the contractor shall pay to the city, within thirty (30) days of each preceding billing period, an amount equal to six percent (6%) of the contractor's gross receipts for the preceding billing period. Failure to remit the required payment to the city shall be cause for termination of this franchise. RATE. 31 The rates Charged by the contractor for the services hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair, greater return on the net valuation of its properties devoted under efficient and economical management. The company agrees that it Shall be subject to all authority now or hereafter possessed by the City or any other regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory r~tes. When this franchise takes effect, the company shall have authority to charge and collect, not to exceed the following schedule of rates whiCh shall remain effective until changed or modified as herein provided, to wit: Monthly Garbage Rates: per month, per'residential customer, for disabled residents, per month, herein. The rate specified above customer(s), and does not include percent franchise fee. Monthly garbage rates shall be $8.10 and $8.10 for special pick-up per residence, as specified is the rate charged to the adjustment for the six (6) The failure on the part of the contractor to comply in any substantial respect with any of the provisions of this Ordinance, shall be grounds for forfeiture of this Grant. ~ ATTORNEY FEES. Should it become necessary for the City to initiate legal or Other proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recovery of reasonable costs 32 and attorney's fees. ~ EFFECTIVE DATE. This Agreement shall beocme effective on Jul 1, 1998. The contractor, hereby acknowledges that by and through its authorized agent, it has read all terms, provisions, and · ' S condition acknowledges that this contract and as set forth herein. The undersigned further it is sophisticated in the matters set forth in 't has 'had full opportUnl y to review, and seek independent legal advice with regard to all matters set forth herein. Accordingly, the contractor hereby accepts and agrees to all terms set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ............................ CITY .............................. · THE CITY OF SEBASTIAN CMc DeputyCit¥ Clerk Name: Thomas W. Frame Title: city ManaGer (SEAL) Approved to form and content: Valerie F. Settles, city Attorney ............................ cONTRACTOR ......................... signed, sealed and delivered 33 in the presence of: Ronald Rigby, Vice President R&R Corporate Systems, Inc., 4/b/a Capital Sanitation (SEAL) 34 Subject: Code Enforcement Fine and Property Lien Re: 1053 Louisiana Avenue, Sebastian, FL City Manager Agenda No. 0_2. { ~ ~2___ Department Origin: Date Submitted: 10/02/02 For Agenda off 10/09/02 Exhibits: Letter dated October 2, 2002 from Warren W. Dill to Terrence R. Moore Re: Code Enforcement Lien on 1053 Louisiana Avenue, Sebastian, FL EXPENDITURE REQUIRED: t AMOUNT BUDGETED: I APPROPRIATION REQUIRED: _SUMMARY As previously discussed at the July 10, 2002 Regular City Council Meeting, Mr. Mark Lund, t053 Louisiana Ave., Sebastian, FL, once again has requested to address the City Council concerning his Code Enforcement frae and release of his property lien. WARR W. D LL Wyoming Terrance Moore, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Code Enforcement Lien on 1053 Louisiana Avenue #93-7709 DILL &: EVANS, LC ATTORNEYS AT LAW 1515 US Highway 1, Suite 201 Sebastian, Florida 32958 October 2, 2002 JOH G. EVAns Also Admitted in Ca/ifomia Dear Mr. Moore: As you know, Mark Lurid has asked me to help h/m work with the City to waive the current fine of $7,492.32 and remove the Code Enforcement Lien on his historic home in Sebastian. Mark is 44 years old and married to Denise. They have three children living at home. He is a hard working young man. He purchased his home for $25,000.00 from E.W. Taylor and John Pfermhiger and, as part of the deal, he agreed to bring Mr. Taylor's property in Fellsmere into comphance with City codes. This enabled him to work off $12,500.00 of the purchase price. He spent thousands of dollars and months of continuous labor working on the Fellsmere property. He tore the building down and carted everything away and cleaned the lots. This turned out to be a much larger and more expensive task than he thought it would be. Before he started this work, he went to the City and explained what he was doing for the Taylors. The City of Fellsmere agreed that they were more interested in having the property cleaned up for the sake of the area residents and the City itself, than they were in collecting the fine. Mark hved up to his word When the cleanup work was completed, the Council waived the fine and and so did the City. Enforcement Lien on the Taylors' property, released the Code Before Mark agreed to purchase the Louisiana Avenue property, he met with Tom Frame and George Bonacci in 1998 regarding his proposal to clean up of the property in exchange for the removal of all Code Enforcement fmes or liens. A gentlemen s understandmg was reached whereby Mark would assume responsibility for repairing the home and cle.-; the City the time and money to -"~ '~F u,~ p~up~i fy, anus saving demohsh the building and clean up the property, and in exchange, the City would reduce the fines to zero and release all Code Enforcement liens. And, one of Sebastian's oldest historic homes would be saved. After five (5) months of working on the property, on October 16, 1998, siring in Mr. Frame's office, Mark wrote to the City explainhig what he had done to clean up the property and requested the release of the liens. See enclosed letter. He appeared before the Code Enforcement Board on October21, I998 and November 23, 1998. Unfortunately, neither Tom Frame nor GeorgeBonacci were in attendance. Without the City representatives in attendance, Mark was unable to convince Tel: (772) 589-1212 · Fax: (772) 589-5212 · email: delaw@iu.net Terrance Moore, City Manager October 2, 2002 Page 2 the Code Enforcement Board to completely r~nove the fine. Instead, they reduced it to $7,492.32. While Mark appreciated their action, this was still far more money than he had and it was not the understanding he thought he had with the City. Finally, in March 1999, Mark had to take title to the property subject to the Code Enforcement lien, because he had no other place 'to move his family. Mark has periodically been trying to get this matter resolved. Mark's hope is that the Sebastian Council will be understanding ofhis efforts and honor the arrangement made with Mr. Frame. Mark spent thousands of dollars and months of his labor in cleaning up this historic homestead. The property was recently inspected by Warren Lindquist and he has confirmed that it is in total compliance with all Sebastian codes. See enclosed Notice dated September 20, 2002. When Mark appeared before the Council on July 10, 2002, he was appreciative that the Code Enforcement Board had reduced fine to $7,492.32 and disappointed at the same time, because he could not afford to pay the fine. His frustration got the better of him and he was not as cooperative and respectful as he should have been. He made a mistake by letting his emotions get the better of him and he is very sorry for this. Financially, Mark and his family cannot afford to pay the fine in order to have the lien removed. Mark has done everything he can to preserve and improve his historic home. The property is clean, it looks good and Mark, Denise and the family are proud of their accomplishments. There is nothing more that Mark can do. Mark and his family's fate is now in the hands of the City Council. I respectfully ask that Mark and Denise be scheduled to appear before the City Council on October 9, 2002, to present their request to have the Code Enforcement fine reduced to zero and to have the Lien released from their home. Thanking you in advance for your consideration, I remain, Very truly yours, Warren W. Dill WWD/dh cc: Mr. Mark Lurid City,of Sebastian 1225 Main Street · Sebastian, FL 32958 Telephone (772) 589-5233 NOTICE Violation Served on_ As Owner, Resident or Agent of property located at Inspection of property indicates a violation of City Ordinance Section You are hereby notified to correct the above violation within _ ~ days/hours from the time of this notice. Fail .o * ..... above. .date and u.~ L,~ ,~ump~y could result in a lien of yOur property, a notice to appear in coun~ court, or fines of up to $250 O0 a violation e '~ r~ .... L · day, eve da x~ ..... yuu nave an auesfi A Y ~ 0,,o l.~j~c~e CaJl ~ ©/ Indian River County ~ ...... .¥~. INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION I840 25th Street Vero Beach, Florida 32960-3365 (561) 567-8000, e×t1237 Suncom: 224-1237 Fax:(561) 978-1806 pmat son@bcc.co.indian -riven fl us Voting Members: City of Fellsmere Indian River County Town o£1ndianRiver Shores Cid'of Sebastian City ofVeroBeach Non -Voting Members: Indian River County School District Town of Orchid Florida Departmem of Transportation State Transportation Planner September 25, 2002 Mr. Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, F1 32958 Dear Mr. Moore: In reference to the 2002 Enhancement Project application submitted by the City of Sebastian (Scenic Beautification of CR 512), please be advised that the project was ranked fourth by the MPO on its adopted Enhancement Project Priority List. Since there is sufficient funding for only one enhancement project this year, the project will not be funded in this cycle. The City of Sebastian is invited to re-submit the project next year for priority consideration. If you need any other information, please do not hesitate to contact me. Sincerely, Robert M.~P MPO Staff Director cc: Councilman James Hill, Sebastian MPO Member Chairman Commissioner John Tippin indian River County Vice Chairman Commissioner Ken Macht lndian River County Staff Director Robert M, Keating, A1CP GOd--OR Florida Department of Transportation OFI~ICE OF MODAL DE'v'ELOP1VIENT ' 3400 WEST COMMERCIAL BOULgVARD FORT LAUDERDALE, FLOP. fDA 33309-342! TELEPHONE: (9.64) T'7--t490; FAX: (954) fi77-78~2; Toll-Free: (866} 336-8435 THOMAS F. BARRy, SECRETARy SulylS, 2002 Mr. Robert M. Keating, AICP iv[PO StaffDireemr Indian River Men'opolitma Planning Organization .1.840 25ea Stree: Veto Beae& Florida 32960 Dear Mr. Ke~fin~: SUBa"ECT: Year 2002 Transportation Enhancement Program Cycle Notification of Eligibility Determinations The Department hz~ completed its ¢Iig~iliry determinations for the Year 2002 F_.ahancement Project Cycle applications submitted by your office. These fletermina~ions are included on the attached table and are in accordance with the Dep~'tm~'s Procedure, ~rranzportation Enhancement Projects", Topic No. 525-030-30¢-g, effective February 22, 2001. l)i~trict Methodology and Elig/bility Determination Findings For each potential prejee*., an office rex4ew to determine prelimi..ry eligfoilhy~ as well as a field review to determine feasibili~ and" · , construe, was complet~ The rezult~ of these reviews were a~lyzed and project eligfbility det~,.,inations for this cycle were completed. Each applicationbas received an dig~0gity detmmimtio= stares of"E" - Eli~le, "P' - Pending, or "Iq" - Not Eli/g'ole. The enclosed "2001 Enhancement Eligibility Summary' outlines the resu~ of the e~ dctermin~o:ns for all Enhanc, em~nt applications submitled by your office. Elig~le projects are those having a complete application, meet tlae eli~'tiiry criteria and ;'"l'lementation guidelines, and construction appears to be fearn'hie. Only projects dctermi~ed to be Eligible can be eomid~xed for inclusion in the Dep~tment's Tentalive Work Program. based apon the/viPO's final project priority list w'nich is due to the District Office no'later tha~ September 30, 2002. ~ ~} 'x, w~w:dot.state.fi.us I~ ~EC'rCLS~ ;, Mr. Robert M. Kem/~g July 15, 2002 Page 2 Pending applications requ/re the submittal of si~i~cmai additional informuqon by the project sponsor, through the MPC to the Department, in order to achieve Eligfole status. The Department reserves the right to change the status of may Pending project to Not Eligible due to incoll~lete or mi~illg informaqon as of Augnst 16, 2002. eliga.'ble, prioritized, and funded~ but during the course Additionully, ifa project is determined of project development it is determined the project is not constructable for o. ny reason, the project will be terminated regardless of its Projects that are Not Eligible ca-not be resubmitted with revisions during this Enhuncemem Cycle. The deficiencies noted in the origirud application are considered too skmi~cant to be revLsed without subsmahally alter/ng the ~cope of the application. - MPC Responsibilities, Deadlines and Schedule ' The following summaz422s the rema{ncler ofth/s ....... ~-~ aha requ/remcnts. ~'~ ~ ~:mmncemenr Cycle process, deadlines, MPOs are asked to notil~ project sponsors of the eligt'i~ility sratns ~,cl follow-up ('ff · necessary) for each application submitted. Ali communication with the project sponsors should be conducted by the MPC. The District recommends including this correspondeace and ali enclosures in your notification to project spo~,sors. MPOs should begha the processto assign final priority rankings to projects that e/ther have been rated Eligible ( E ) or Pending ( p ) thut will be eligible after prov/mon of the required informufion MPOs are expected to provide the District with a~y supplemealal, application ingormufion that is required by August 16, 2002. Following August t6, Pending applicalSons w~ be rartked EligtTole or Not Eligfole, based on information provided m the Department. By September 30, 2002, MPOs are to officially notify the Di.~rict and the project sponsors of the ftrml priority rankings for enhancement projects. Projec~ that have been determined Not Eligible should not appear on your M'PO's Final Priority L/~t. The project sponsor must certify they own and are in possession of the fight-of-way descn'bed in the enhancement application. 'rh/s certification must be completed, and submitted to the District Office, before federal author~tion for comtruction is g/yen. Failure to provide this certification will result in the project being determined Not Eligible. Mr. Robert ~. Keating July 15, 2002 Page 3 * A Maintenance Memorandum c~.ancement projects of Agreemant (MOA) for landscaping/z required for' project· involving/~ndscaping and is due pr/or to the design phase o£the Federal authorization executed. · for constr~ction wi//not be g/yen For information regarding this MOA, Mr until this MOA has been · Carl Higg/~ in the Dim/et Malmenance Office, should be contacted. Mr. H/gg/ns may be re~hed at (954) 777- 4219. · Lrs'.m,g eac~ MPO's final pr/oriw ~ the r,.._~... avanable timding levels for tlie'm,~,~.;_~_~'..~=mc! w/il prog:mm eligible nroi,,,.. 2007/08). -~.-,-,~-a~g ~entative ~ , __ ~- w or~ i-'rogram CFY 2003/04 _ Local Agency Program (LAP) As stated.in earlier correspondence, the Department str ,- agencies t~ccomc LAP · . o,, reco · . certified m order for "roiec .... gly mmend~ al/locaJ envisions. Projects submitted during this Enhancement Cycle v u m re I>e completed as th~ local sponsor a.dminlstered, must include an explanation from that roll not be LAP .cn'camstaaces creating a hardship for the sponsor The explanation maybe the local agency spo~.,or staOng the incorporated in a letter drafted from the sponsor to your office. I/you have any questions, please contact Larry. HYmowitz at 954-777-4663. Enclosure ce: Staey Miller, w/enclosures Beatriz Calcedo, w/enclosures Carl E/ggim, w~ enclosures Larry Hymowitz, w/enclosures Mike Dea~osa, w/enclosures Richard Young, w/enclosures Steve Goner, w/enclosures File 4250./5 Sincm-ely, NaneYA. Bungo ~ /- c..~ District Modal Development Administrator DATE: TO: CC: )M: RE: 10/7/02 Mayor E~arnes and City Council Members l'errence Moore and City Attorney, Rich Stringer City Manager, Clerk~U/~. Saily A. Maio, CMC - City October 9, 2002 Agenda packet ModiI[cations reference to your October 9, 2002 agenda packet please note the following: Father Morrissey is unable to attend the meeting, however Father Noel from St. Sebastian CathOliC Church wilt attend to give the invocatiOn in his absence. pages 7, 40, 41, and 42 were copied in error and have no bearing on the agenda itemS. Consent agenda item 2 should include approval for charter Officers to attend the function. apologize for any confusion- cc: Deputy City Clerk G'fY O~ DATE: TO: CC: FROM: 1018/02 Barnes and City council Members Mayor Terrence Moore and CiW Attorney, Rich Stringer City Manager, · aio, CMC - City C1erk '~..~-" '~ Sally A M . 4_ o cke("ModiticatiOn October 9, 2002 Agenu'~ .a ~ RE: it was brought to our attention that one page of the US Fish and Wiid~ife agreement was m~ssing from the backUP copied for your agenda packet, ptease insert the attached page as page 32A ot your packet. Deputy City cc: