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Home My WebLink About05222013 Agenda PacketMY OF SETMlll,,N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 22, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda CALL TO ORDER 2. INVOCATION — Pastor Seth Goldsmith, Coastal Community Church 3. PLEDGE OF ALLEGIANCE — Led by Council Member Jerome Adams 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.083 A. Employee of the 1St Quarter — Benjamin Allison — Crime Scene Evidence 5 Technician 13.084 B. Proclamation — Savannah Dutoi, Parks Department Gymnastics Assistant - 6 Commendation for First Aid Effort 13.085 C. Proclamation — XF 500 /Mother Ocean — Justin Riney — Stand Up Paddle Around 7 State of Florida & Welcome to Sebastian D. Brief Announcements 5/27/13 — Memorial Day Service in Riverview Park Veterans Memorial — 11 am 6/1/13 — Exchange Club Blue Water Open — Capt'n Butchers 6/5/13 — Lagoon Cleanup and Festivities in Riverview Park for Arrival of Mother Ocean/ XF 500 Paddler Justin Riney — 4 -6:30 pm 13.086 E. Employee Health Insurance Update — Gehring Group 1 of 77 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 City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 8 -19 A. Approval of Minutes — May 8, 2013 Regular Meeting 13.078 B. Resolution No. R -13 -04 — Requesting Support of MPO to Reduce US 1 Speed 20 -23 Limit (City Manager Transmittal, R- 13 -04, Chamber of Commerce Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING A REDUCTION IN THE SPEED LIMIT IN THE SEBASTIAN, FLORIDA COMMUNITY REDEVELOPMENT DISTRICT OF US HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13.087 A. Parks and Recreation Advisory Committee 24 -37 (City Clerk Transmittal, Three Applications, Ad, List) i. Interview, Unless Waived and Fill One Expired, Regular Member Position 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 13.080 A. Purchase of 12900 US Highway One Cemetery Expansion Purchase - Adopt 38 -43 Resolution No. R -13 -10 and Authorize Staff to Close on Purchase Within Provisions of Sales Contract (City Manager Transmittal, R- 13 -10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA BORROWING FUNDS FROM THE NON - EXPENDABLE CEMETERY TRUST FUND AND REPAYING THE FUNDS WITH ALL NICHE AND LOT SALES; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 11. PUBLIC INPUT (procedures on back of agenda) 12. NEW BUSINESS 13.015 A. First Reading of Ordinance No. 0 -13 -03 - Solid Waste Collection Franchise 44 -75 Agreement — Set Public Hearing and Adoption for June 12, 2013 (City Manager Transmittal, 0- 13 -03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTNG AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 2of77 13. CITY ATTORNEY MATTERS 13.088 A. Litigation Update (Report) 76 -77 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor McPartlan B. Vice Mayor Wright C. Council Member Adams D. Council Member Coy E. Council Member Hill 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meetings: 6112113 Regular City Council Meeting 6:30 pm 6126113 Regular City Council Meeting 6:30 pm 7110113 Regular City Council Meeting 6:30 pm 7114113 Regular City Council Meeting 6:30 pm 8114113 Regular City Council Meeting 6:30 pm 8119113 Special Meeting/Workshop on FY 14 Budget 6 pm 8128113 Regular City Council Meeting 6:30 pm 9111113 Regular City Council Meeting 6:30 pm 9116113 Special City Council Meeting — FY 14 1s' Budget Hearing 6 pm 9125113 Regular City Council Meeting 6:30 pm 1019113 Regular City Council Meeting 6:30 pm 10123113 Regular City Council Meeting 6:30 pm 11/13113 Regular City Council Meeting 6:30 pm 11127113 Subject to Cancellation or Reschedule 12/11/13 Regular City Council Meeting 6:30 pm 12125113 Subject to Cancellation or Reschedule 3of77 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -12 -01 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4of77 6A- 13.093 EMPLOYEE OF THE 4th QUARTER 2012 BENJAMIN ALLISON POLICE DEPARTMENT Benjamin began his employment with the City of Sebastian in July 2010 as the Crime Scene./ Evidence Technician in the Police Department. He has a Bachelor's Degree in Criminal - Justice from East Carolina University and has interned for the Indian River County Sheriff's Office in their Crime Scene Unit for 2 years. Benjamin is responsible for entering over 3,000 pieces of evidence and property annually in to our evidence room and processes over 100 pieces of evidence annual in an attempt to identify a suspect or solve a crime. He has had to work long hours in not the best of conditions, responding to deaths, drug cases and violent crimes. Benjamin has assisted other agencies in processing scenes and the collection of evidence whenever asked, and doesn't complain about his excessive work load. Benjamin displays positive energy; works well with other agencies and has a good relationship with fellow co- workers. Benjamin is a dedicated and hard working employee who strives for excellence. He is always looking for ways to improve the work process not only within his realm of responsibility, but with others indirectly involved with his assignment. He understands the importance of crime scene procedures and evidence and what an impact it has on the organization and Law Enforcement in general. We are fortunate to have an experienced crime scene technician with a great work ethic working for us. Benjamin has excelled beyond the expectations of normal duty and it is with great pleasure for us to publicly thank him for his dedicated service and to be recognized as our Employee of the 4th Quarter 2012. 5 of 77 Gly0f 5E8A"S6T'-"-- HOME OF PROCLAMATION WHEREAS, Savannah Dutoi, a gymnastic staff assistant at the Community Center with the City of Sebastian Parks Department, was assisting with the City of Sebastian Easter Egg Hunt on March 30, 2013; and WHEREAS, at the conclusion of the Easter Egg Hunt, Mrs. Jean Koss, who it was later learned is diabetic, collapsed to the ground; and WHEREAS, Savannah Dutoi, who is trained in first aid, immediately came to the aid of Mrs. Koss, calmly took control of the emergency situation and provided effective aid until EMTs arrived; and WHEREAS, the City is proud to have staff who step up in emergency situations to give aid to our residents and visitors; and NOW THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian, and on behalf of the Sebastian City Council, do hereby commend Savannah Dutoi for her unselfish act of compassion in calmly and professionally assisting a citizen, Mrs. Jean Koss, to keep her stable and relaxed until EMTs arrived. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian to be affixed this 22nd day of May, 2013. Bob McPartlan, Mayor Justin Riney Mother Ocean - Expedition Florida 500 WHEREAS, Justin Riney, Vero Beach resident, Mother Ocean Founder and Environmental Activist, has undertaken a paddleboard journey which began in Pensacola on January 1, 2013 as Expedition Florida 500, a part of the Viva 500 celebration commemorating the 500th Anniversary of Florida, to navigate the waters around the entire Florida peninsula to raise awareness of the fragile waterways of our beautiful State of Florida. He will soon begin the next part of his journey through Florida's inner waterways, hoping to promote a sense of urgency to local residents and communities to work together for a solution to the declining conditions of our oceans and rivers and the wildlife that call them home before it's too late; and WHEREAS, factors such as development, freshwater releases, introduction of contaminants, fertilizers and septic and other toxins have combined to create degradation of water quality, loss of seagrasses and mangroves, decline of sea life, diseases and death of marine mammals in Florida's waters and in our own beautiful Indian River Lagoon, an Estuary of National Significance and the reason most of us came here; and WHEREAS, we must all come together to find the causes of the decline and then work even harder to find the cure, and we commend committed people like Justin Riney who push themselves to their limits and lead by their example, to raise awareness and inspire change by opening our eyes to the problems at hand; and WHEREAS, we welcome Justin to Sebastian on June 5, 2013 as he passes by on his journey north to continue his effort. NOW THEREFORE, I, Bob McPartlan, as Mayor of the City of Sebastian, do hereby commend Justin Riney and Mother Ocean for their effort to make communities along the waterways aware of the decline and wish him a safe journey, and encourage citizens to educate themselves on the cause and effect of the way we live our daily lives that may have a detrimental effect on our lagoon which has captured all of our hearts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of June, 2013. 6AM6 Mayor Bob McPartlan City of Sebastian mcf SEBASTLOkN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 8, 2013 —6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend David Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Vice Mayor Don Wright. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joseph Griffin Finance Director, Ken Killgore Senior Planner, Jan King Police Chief, Michelle Morris Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Wright requested that item 7B of the Consent agenda be removed for discussion. Mayor McPartlan requested that item 12C be moved up to item 7 to accommodate Phil Matson, Indian River County MPO Director. There were no objections from Council on either item. 8 of 77 Regular City Council Meeting May 8, 2013 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.069 A. Proclamation - National Safe Boating Week - Accepted by Flotilla Commander Frans Eyberse and Vice Commander Tommy Augustsson - USCG Auxiliary Flotilla 56 Mayor McPartlan read and presented the proclamation to Commander Eyberse and Commander Bolluck, who explained their mission of educating the public in safe boating. Commander Eyberse invited everyone to attend the activity at the Coast Guard station in Fort Pierce on May 18, 2013 from 10 am to 2 pm, and advised that over the weekends of May 18th and 25th they will be in Sebastian and Vero Beach for safety standards inspections. 13.070 B. Proclamation- National Peace Officers Memorial Day May 15th and National Police Week - May 12th through May 18th - Accepted by Sebastian Police PPr -.nnn,-1 Mayor McPartlan read and presented the proclamation to Sebastian Police Sergeant Acosta, Officer Steve Marcinik, and Corporal Bill Jursik and commended them for the protection they afford the public. Officer Marcinik invited everyone to attend the memorial for fallen officers at the Indian River County Courthouse on Monday, May 13tH 13.071 C. Proclamation - National Foster Care Month - Accepted by Hibiscus Children's Center Mayor McPartlan read and presented the proclamation to Janet Steward, Hibiscus Children's Center, and local foster parent Pastor Seth Goldsmith. Mayor McPartlan, who said he works for the Department of Children and Families, said foster parents are needed and that people can contact him or Ms. Steward for information on fostering or mentoring. Ms. Steward thanked Council for the opportunity to speak and said there was a signup sheet in the chambers in case anyone was interested. She said a positive role model can have an everlasting impact on a foster child. Seth Goldsmith said he and his wife had three biological children and then became foster parents and that just loving a child gets them through and helps them start to blossom. 13.072 D. Presentation of Certificate to Council Member Jerome Adams for Florida League of Cities - "Develogina a Citv Budaet" Seminar in Winter Park Mayor McPartlan read and presented the certificate to Council Member Adams. 13.073 E. Presentation by Barbara Hoffman, Director Indian River County Cultural Council and Kevin Landry, US Fish and Wildlife - America's Gatekeeper: The Story of Paul Kroegel Barbara Hoffman and Kevin Landry gave a brief presentation and showed a promo video of "America's Gatekeeper: The Story of Paul Kroegel" which is scheduled to be broadcast here and in Europe. Mr. Landry stressed the importance of protecting the environment such as Paul Kroegel had done and the value of the first wildlife refuge, and then presented a film about Ding Darling to City Council. 2 9 of 77 Regular City Council Meeting May 8, 2013 Page Three F. Brief Announcements ■ 5/11/13 - Post Office Mail Carrier Food Drive - Stamp Out Hunger ■ 5/17/13 - Sebastian Chamber Concert in Riverview Park - Atlantic Bluegrass Band - 5:30 pm to 8 pm Mayor McPartlan read the above brief announcements. Mr. Wright announced the Exchange Club Fishing Tournament which will take place at Captain Butchers from May 31st through June 2nd and said all proceeds benefit victims of child abuse. Mr. Adams announced the 30th anniversary celebration of the North Indian River County Library on May 10th from10 am to 5 pm; McKee Botanical Gardens reduced rates to educators on May 11th in honor of National Teacher Appreciation Week and Mothers Day special admission on May 12th; and the All Aboard Florida meeting at the Havert L. Fenn Center, 2000 Virginia Avenue on May 9th Ms. Coy announced that the Senior Activity Center has obtained a Wii game and will be forming a bowling league with practice beginning on May 18th from 10 am to 1 pm and may be looking for corporate sponsors in the fall. She said that they need extra Wii equipment and if is anyone has any to donate they can call her at 388 -0961. 13.078 C. Discuss US 1 Speed Limit - Phil Matson MPO (No Backup) Phil Matson, IRC MPO Director, introduced himself and explained the composition and responsibility of the Metropolitan Planning Organization, said any topic of transportation can be discussed, and that there are also MPO advisory committees. He said speed limits are set by the agency with jurisdiction over a subject road, in this case FDOT sets speed limits on US 1 and the limits are set based on the limits speeds that people are traveling at which is derived from the 85th percentile and they don't like to divert from that number. He said we have to see if FDOT can work with us and that MPO will lend its assistance. Ms. Coy, who is a member of MPO, said she wants to discuss speed limits on US 1, that everything they do on MPO points to economic vitality, but if people blast through our commercial district on US 1, it is not pedestrian or business friendly, that Jackson Street is the number one crash site, US 1 runs through a historic district, and US 1 is a designated scenic by -way. She said she hoped MPO could be approached for consensus. She said members of the public have asked to speak, and asked Mr. Matson to define "constrained" in relation to US 1. Mr. Matson responded there are various meanings, and generally it means `does it have potential for widening' and said US 1 could not be widened without potential disruption to the City. He said on the question of whether constraint is a basis for reducing speed, DOT could be approached on this. Ms. Coy said we need to constrain US 1 because widening it would wipe out our whole downtown. Mayor McPartlan said we could make a compelling argument to MPO, they say go and then we can get to FDOT and FDOT could say no. He agreed the limit should be dropped a little bit, but that Mr. Matson says it is in Statutes that FDOT has the say. Theresa Tolle, VP Chamber of Commerce Board of Directors, reported the Board voted to readopt a resolution of support and she read it into the record (see attached). 3 10 of 77 Regular City Council Meeting May 8, 2013 Page Four Lisanne Robinson, resident and business owner on US 1, said this area is our historic district and is on the registry of historic places, which should have some clout with FDOT, cited a petition she started in 2000 and has been ongoing, and said that the business community agrees we need to get people safely to our stores. She read two emails from other business owners who had problems from speeding traffic preventing their customers from doing business. She said she could not see how if 85% of people want to speed FDOT says that's okay, cited lower speed limits for other areas of US 1 and asked why it has to be 40 in downtown Sebastian, citing numerous accidents and stating we need US 1 to be more pedestrian friendly. Joann White, Sebastian, pedestrian and biker, said there is a biking group that gets together locally and when crossing US 1 they feel for their lives, that even the walking pedestrian signs are very fast. She said this is a small town community but we feel we have an expressway going through it, noting she has seen people trying to run across US 1, and since we are trying to encourage greenways and US 1 is part of it we need to slow it down. Ms. Coy asked if there was an MPO committee on greenways and Mr. Matson said it is the Bicycle and Pathway committee of MPO. Ms. Coy asked if we could get that information to Ms. White. Ms. Coy also noted there is a vacant position on the Transportation Disadvantaged Board. Mr. Matson described the board function and said most members are not from Indian River County but are from social services organizations. Ms. Coy asked if we could get an advertisement out. Mayor McPartlan said he was recently appointed to the board. Mr. Matson said the open position is for someone age 60 and up and a resident. Ms. Coy suggested we write a letter to MPO to seek assistance. The City Manager said we have requested FDOT to conduct surveys more than once and have been denied. He said Ms. Coy has suggested another angle by going through MPO, we now have an updated resolution from the Chamber of Commerce business community, and suggested Council adopt a resolution to the MPO and state the facts of what we have done and reasons for the need for a reduction, seek a vote from MPO, then work with County traffic engineering staff to assist us in going before FDOT. He said he would prepare and place an item on the May 22nd agenda for adoption of a resolution to take to the July MPO. MOTION by Ms. Coy and SECOND by Mr. Wright to agendize a resolution to lower the speed limit on US 1 to be sent to MPO. Mayor McPartlan said he would also like to see accident reports with numbers and severity and what enforcement is taking place on US 1. The City Manager said there is speeding going on but noted that studies conducted do not show we have a major speeding problem or that it is out of control. Ms. Coy said we may want to amend the motion to make US 1 through Sebastian an officially constrained highway. Mr. Matson said in terms of a long range plan there is no plan for widening US 1. The City Manager said he would include language to that effect in the resolution. 4 11 of 77 Regular City Council Meeting May 8, 2013 Page Five Mr. Hill said we have been working on this issue for at least a decade with installation of bump outs, stamped crosswalks and while he appreciates trying a new angle with MPO, it needs to be known we have not been sitting on our hands. Mr. Wright suggested we make sure there is enforcement being done when FDOT does its survey. Mr. Adams said people do as much as they think they can get away with until they get caught and that we need enforcement. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5-0 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 City Council so requests, in which event the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. A. Approval of Minutes - April 24, 2013 Regular Meeting 13.074 B. Award Annual Concrete Contract to Capp Custom Builders of Sebastian (Public Works Transmittal, Bid Documents and Tabulation, Agreement) 13.075 C. Wayfinding Signs -Waive Formal Bidding Procedures and Accept Fee Proposal from Baron Sign Manufacturing in the Amount of $17,550 with Concrete Work by City Annual Concrete Contractor for $1,000 (Public Works Transmittal, Baron Email, Engineering Plans) Mr. Wright previously removed item B for discussion. Mr. Adams removed item C for discussion. MOTION by Mr. Hill and SECOND by Mr. Wright to approve consent agenda item A. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 Item B - Annual Concrete Bid Award to Capp Custom Builders Mr. Wright referenced a visit he had from Zella Lahann who was with Cardinal Points Construction regarding their concern that they were the low bid and were not selected, and a letter from Eric Lahann was received this afternoon citing their contention that the objections to their attaining the contract as the low bidder were items easily resolved, but there was no communication to give them the opportunity to correct these areas. Mr. Wright said in his conversation with the City Manager the reasons given for rejection of the bid was that Judd Bailey Concrete had an exemption from workers compensation which we do not accept, noting however, that when we bid pest control we went back to Ameron Pest Control and allowed them to obtain workers compensation insurance, so in practice we have communicated with bidders in this regard. He noted a letter from Cardinal was submitted with their bid at the request of City staff regarding Cardinal's intention to put Judd Bailey in charge of all field operations, and once incorporated it would be their intention to turn the bid to Mr. Bailey with the City's approval. He said he did not think it was reasonable to throw this bid out, but today's letter from Cardinal Points indicates they do not plan to pursue this any further. He said the company feels it was not treated fairly and this is not to the City's credit. 5 12 of 77 Regular City Council Meeting May 8, 2013 Page Six The City Manager responded that this was a bid process, less flexible than an RFP process, we go with the lowest and best bid, and it is generally seen as the fairest process. He said this bid had irregularities, and was rejected for two reasons; 1) the issue with who is the contractor; and 2) lack of workers compensation insurance. He said the letter submitted on April 22nd either as requested by staff or requested by staff for clarification, was not approved by the City Attorney or City Manager, who would have said said that it was an improper process, the proper process being that the company pledging to do the work provides the bid. He said what is uncommon is one company using another person to represent their company and then have it be reassigned. He said doing this tells them that the company that is going to do the work is not properly licensed and using someone else's license to work themselves into a bid process, and if properly licensed they wouldn't need this caveat. He said he did not find out about the irregularity until after the bid process ended, offered his apologies, had no plan to discipline staff, it was our mistake but it does not clear up the initial issue which is —were they properly licensed to submit a bid, and his determination was that Cardinal needed to be the contractor, and then deal with the reassignment, and that is not the way Mr. Bailey wanted to move forward. He said Council has been very clear on requiring workers compensation above and beyond what State Statutes requires, and they did not meet that standard. He said this was a competitive bid, Cardinal was at $2.15 and Capp was $2.80. He said he talked to Mr. Bailey on Monday to inform him of the reasons the bid was rejected and told him he had a right to petition Council, advised him to let Cardinal be the flagship and provide workers comp, and that he had spoken to most members of Council about the matter. He said at 5 pm today the City Clerk had provided a copy of a letter dated May 8 from Cardinal that stated the issues of the protest, but the letter also stated they were no longer going to pursue the matter. He said Mr. Bailey has worked diligently to get into our procurement process but in this case he had let his licensing and insurance lapse, he had the time to go back and get those things reinstated, there were mistakes on both sides, and the right decision was to reject this bid and go to next low bidder, Capp Construction. Mr. Wright said he appreciated the explanation, there was an implication the City was showing favoritism to Capp and knew this was not the case, said this is a one year contract and it is important they understand what our standards are and hoped the City Manager will send a letter with the reasons. The City Manager said it is not our normal process to send out letters to bidders but if Council would like him to, he will send a letter to Mr. Lahann of Cardinal Construction, said it is a frustrating situation because staff has worked with Mr. Bailey and he is a long time reputable contractor, but his recommendation stands. He said he was prepared to change his recommendation if Mr. Bailey appeared. He said he thinks Council needs to rethink the workers comp issue. MOTION by Ms. Coy and SECOND by Mr. Wright to award the annual concrete bid to Capp Custom Builders. Mayor McPartlan asked for the City Attorney's legal opinion. The City Attorney said the City got a bid from a company whose clear intent was not to do the work, and it was considered an unresponsive bid. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5-0 6 13 of 77 Regular City Council Meeting May 8, 2013 Page Seven Item C - Wayfinding Signs Mr. Adams asked for an explanation on the City Manager's recommendation on Barron's. The City Manager responded the bids received were uncompetitive, it was rebid and still we had no responses, then we sought quotes which have been provided. He said the architectural feature will be installed on the Indian River Drive signs as donated by the Sebastian Fine Arts Board. MOTION by Ms. Coy and SECOND by Mr. Adams to approve item C. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13.076 A. Natural Resources Board i. Interview, Unless Waived, Submit Nomination for One Unexpired, Alternate Member Position - Term to Expire July 1, 2015 (City Clerk Transmittal. Application. Ad. Roster) The City Clerk noted there was only one application for the unexpired alternate member position. He was not in attendance. MOTION by Ms. Coy and SECOND by Mr. Wright to appoint Richard Eberle to fill the position. Since he was the only applicant and nominated, he was automatically appointed. 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS -None 11. PUBLIC INPUT Louise Kautenberg, Sebastian, Board of Directors, Sebastian Fine Art and Music, Inc. thanked the City for the way finding signs. Mayor McPartlan called recess at 7:57 pm and reconvened the meeting at 8:10 p.m. 12. NEW BUSINESS 13.077a A. Resolution No. R-1 3-08 Approving Final Plat for Cross Creek Lake Estates 47 -03 Plat One (Community Development Transmittal, R-1 3-08, Plat One, Application, MBV Certification Letter, Guarantee of Sidewalk Construction Agreement. Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7 14 of 77 Regular City Council Meeting May 8, 2013 Page Eight The City Attorney read Resolution No. R-1 3-08 by title only. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution R-1 3-08. The Community Development corrected a typo on the first paragraph of each agenda transmittal in the last sentence of first paragraph to change 12.16 to 1.16 units per acre. Mr. Hill added "as amended ". Ms. Coy thanked them for the Powerline Road improvements. Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5-0 13.077b B. Resolution No. R-1 3-09 Approving Final Plat for Cross Creek Lake Estates 64-78 Plat Two (Community Development Transmittal, R-1 3-09, Plat Two, Application, MBV Certification Letter, Guarantee of Sidewalk Construction Agreement, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-1 3-09 by title only. The Community Development said the same typo needs correction. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution R-1 3-09. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5-0 13.078 C. Discuss US 1 Speed Limit - Phil Matson MPO (No Backup) This had been moved to item 7. 13.015 D. Preliminary Review of Solid Waste Collection Services Franchise Proposals (Ci 79-82 Manaaer Transmittal. Financial ComDarison. Committee Rankina) The City Manager gave a power point presentation on the RFP and described the selection process, which resulted in rankings virtually the same for Waste Management and Waste Pro, which then resulted in further negotiations with both as set out in the bid specs. He explained the five ranking criteria, discussion of concerns by the proposers for language in the City's proposed franchise agreement that did not protect them from individuals leaving trash to be picked up in others' yards and the City's assurance that this would be included, which limits to 64 gallons. He said Waste Management initially gave us an option for waste bins for additional money and as we got into Waste Pro's presentation, they agreed to provide the bins for free. He said collection bins became a point as well as a CNG fueling station. He said Waste Management showed the most flexibility during negotiations, and increased the residential slightly but still remain under the current rate and agreed to provide bins and also reduced their commercial rate, so that their financial proposal was the best. He said as to a CNG facility in Sebastian, both agreed but for Waste Management it is if they renew with Indian River County by 2015, 8 15 of 77 Regular City Council Meeting May 8, 2013 Page Nine and with Waste Pro it is if they are awarded the Indian River County franchise, that Waste Pro committed to CNG trucks by Oct 1, 2013 and Waste Management the same CNG trucks by Jan 1 2015. He said on recycling, in his opinion, Waste Management had a better proposal with the five solar compactors and annual events. He said the focus was on cost to residential and commercial customers, with Waste Management there would be no transition period, and he recommended Waste Management be awarded the franchise. He said he had asked both companies to be at the meeting and they are prepared to make presentations. He said he feels confident that Waste Management has the best proposal and whatever firm they select, staff is very excited going forward. He advised with Council's authorization, he will bring forward a franchise ordinance for May 22nd with public hearing on June 12th. He said the non - containerized rate is a commercial rate for those who don't have dumpster and there are currently only 12 customers. MOTION by Mr. Hill and SECOND by Ms. Coy to authorize staff to prepare a solid waste franchise ordinance with Waste Management subject to new terms and conditions, the ordinance will then be formally considered at first reading on May 22, 2013 regular meeting. The City Manager briefly explained the 64 gallon bin system, which will be provided by Waste Management by October 1St to its customers. Mr. George Geletko, Waste Management, in response to Ms. Coy, said if stolen the bins have chips to identify them. Ms. Coy said this is a huge plus for the City and thanked both companies. She said it is horrible that people steal service and knew because someone left trash at her house to be collected. She said this has been a winner for the City and said Waste Pro had gone above and beyond as well. The City Manager said the City will draft its ordinance to make sure a customer's trash is picked up even if it exceeds the 64 gallons at times, and the City can pitch in as well if need be. Mr. Hill said these are two good companies with great proposals, and Waste Management has been a good partner for ten years and as close as they were, they deserve another five years and that bins may encourage more recycling. He said he was very excited to continue with Waste Management and respected Waste Pro's proposal. He said he was involved ten years ago with this process and this was a much smoother process. Mr. Wright thanked both companies for their proposals, said he was pleased with the CNG trucks and filling station idea, and asked if the one day event for white goods, electronics, and paper would be free, and the City Manager said it is in the rate and Mr. Wright noted customers will pay for all residents to utilize the events. He said he hoped there was an effort to get more citizens in the City to sign on to solid waste pickup and perhaps we could end up with an even lower rate. Jerome Adams, asked, for the CNG facility, would they be our tenant or just be using our property, and the City Manager responded they would be our tenant with zero lease rate with cost and revenue sharing. 9 16 of 77 Regular City Council Meeting May 8, 2013 Page Ten Mr. Geletko demonstrated and explained how the solar trash containers operate and allow for advertisement. He then thanked them for their consideration and said they have been here for 45 years. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 13.079 E. Presidential Street Project Final Update - Consider Coolidge Street Addition 83-89 (City Manager Transmittal, Preliminary Cost Estimates Draft, Engineering Drawings) The City Manager gave a brief explanation, stating this will be a good opportunity to expand the project to add Coolidge Street, and sought direction to either move forward as is, or ask Frank Watanabe with Neel -Schaffer to do a little more engineering to add Coolidge into the project before we go out to bid, and if we do that, funding can come from Cavcorp project savings in the CRA. MOTION by Mr. Wright and SECOND by Mr. McPartlan to go out to bid with the project expansion. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5-0 The City Manager said he would come back to Council with a contract to award unless the numbers are crazy, in which case he would be back to them sooner. 13.080 F. Consider Purchase of 12900 US 1 for Cemetery Expansion (City Manager 90-100 Transmittal, Property Map, Proposed Contract) The City Manager said he had been contacted by John King, Crown Realty, who represents the seller of a 1.4 acre property north of the cemetery, he had discussed this with the Clerk and they agree there are approximately 10 15 years left of burial and niche space on the existing property, and if we don't expand we will cease operation and become maintenance only. He said with this property we could expand up to potentially 50 years and he did not think they would see a competitive a price in ten more years. He said the offer is $300K and appraised at $375K, it can be purchased with cemetery trust fund money which comes from cemetery sales which has a current balance of $975K, though only a percentage of the trust can be used for capital purchases, so we may need to adopt an ordinance to change the provisions of the trust fund. He said there is currently $275K available without changing the trust fund language. He further explained the intent of the cemetery trust fund provision to provide for perpetual care, but said it makes sense to use some of the funds for capital improvements to the cemetery. He requested authority to provide a $10K deposit to give him a month to research the use of the property and make sure it makes sense, and if we decide it does not, the deposit will be refunded. He said if Council wishes to move forward, and the purchase is feasible, he will bring something back to a special meeting or the May 22nd meeting. MOTION by Mr. Adams and SECOND by Mr. Wright to approve. Mr. Wright said the price is less than the property appraisal, and he is optimistic that property prices will continue to rise so this is the right time to make this purchase. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5-0 10 17 of 77 Regular City Council Meeting May 8, 2013 Page Eleven 13.081 G. Consider Accepting Donation of 922 Rose Arbor (City Manager Transmittal, 101- 109 Property Map, Vacant Land Contract) The City Manager said he had been approached by the estate of the owner of a property at 922 Rose Arbor which abuts the Garden Club Park with the lower quarter of it in the Garden Club Lake. He requested authorization to accept the donated property, conduct a title search, pay the 2012 tax bill in the amount of $290, pay closing costs in the amount of $457.50 and possibly the 2013 taxes at approximately $150. He asked for authority up to $1500 in the event there are any liens or outstanding taxes. He said the estimated value of the lot is $12,500. MOTION by Mr. Hill and SECOND by Mr. Wright to approve. Mr. Adams said he did not see that we were in dire need to acquire this property and did not think we should be paying the costs. The City Manager said that was his initial reaction, but the property owners' concern was that the lake was leaking onto their property and that's what changed his mind. Mr. Wright said a $12500 value for $1500 is a good deal and we can expand our park. Mr. Hill said he would agree if this were not contiguous to another city property and the City Manager said if our lake didn't encroach he would not be interested. Mr. Adams said they knew the lake was there. Mr. Hill said the property owner is not here, it is an estate being settled and $1500 is a great deal for the City because of the park. Roll Call: Ayes: Hill, McPartlan, Wright, Coy Nays: Adams Passed: 4 1 13.082 H. American Infrastructure Development, Inc. (AID) Work Orders 1 & 2 -Main Street/ Airport Drive East Access Road Protect in the Amount of $124,201.76 (Community Development Transmittal. Work Orders 1 & 2) The Community Development Director described the two phase improvement project and noted an error on page 112 where the last bullet point in the second paragraph in the general scope should read "FAA Grant Assistance ", and recommended approval. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve. Ms. Coy reported that Ophelia Sherman ultimately did not agree to the property exchange and the Community Development Director thanked Ms. Coy for her efforts. In response to Mr. Adams, the Community Development Director said the $600K FDOT grant is in place, the $275K CIT fund is in place, and he is anticipating another $600K grant from FAA, but is not committed to apply for it without the bids being submitted. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5-0 13. CITY ATTORNEY MATTERS The City Attorney said he will have a litigation status update on the next agenda. 11 18 of 77 Regular City Council Meeting May 8, 2013 Page Twelve 14. CITY MANAGER MATTERS -None 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Council Member Hill -None B. Mavor McPartlan -None C. Vice Mavor Wriaht Mr. Wright announced that there is a newspaper article regarding County action on the Ocean concrete issue, that Bob Keating is saying it is not question of approving or not approving but a question of ownership and because the property is now in the hands of the finance company there is no longer an opportunity for Ocean concrete property to be developed as a concrete plant. He commended recently deceased neighbor Rex Nelson who worked hard to keep the concrete plant away from the residential district and said this is a tribute to his work. D. Council Member Adams Mr. Adams said since we are close to budget time, maybe it is time for us to have our executive session to see where we would like to be with bargaining units. Mr. Wright said we are close but there are no numbers from the Property Appraiser yet. The City Manager said it may be time for Council to have executive session on collective bargaining strategy to make sure we have a consensus, and we should be in discussions with the unions by mid June or early July. The City Attorney said he will work with the City Manager and Mayor on this, and the City Manager said he would get back to Council. E. Council Member Coy Ms. Coy again announced the need for Wii bowling equipment for the senior center. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:25 p.m. Approved at the May 22, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 12 19 of 77 Subject: aly OF SEIBASTKN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Resolution R -13 -04 US I Speed Reduction for Submittal by: City Manager Exhibits: R-13-04, Chamber Resolution I Agenda No. 2L- -1; 0 Department Origin: City Manager Administrative Srvc:-1YZ")i'-�1 Z City Attorney: City Clerk: Date Submitted: 15 MAY 13 For Agenda Of: 22 MAY 13 EXPENDITURE REQUIRED: AMOUNT BUDGETED- APPROPRIATION REQUIRED: $0 1 $0 $0 SUMMARY As requested by Council, R -33 -44 is a resolution which seeks Indian River County MPO support in reducing the speed Limit for US 1. Upon its passage, the resolution will be submitted to the MPO for a formal vote of support. RECOMMENDATION Staff recommends approval of the resolution 20 of 77 RESOLUTION NO. R -13 -04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING A REDUCTION IN THE SPEED LIMIT IN THE SEBASTIAN, FLORIDA COMMUNITY REDEVELOPMENT DISTRICT OF US HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian has an established Community Redevelopment District pursuant to Chapter 163 of Florida Statutes. This district is locally known as tine Sebastian Riverfront District or Business District, which is divided by US Highway 1; and, WHEREAS, the City has invested significant resources into enhancing the corridor's safety, multi -model transportation applications and aunbience; and, WHEREAS, these investments have combined engineering and architectural principles of promoting safely traversing the motoring public, improving the environment and enhancing the characteristics of a thoroughfare that is federally, designated as a National Scenic Highway; and, WHEREAS, the Business Community of the City of Sebastian also seeks a speed limit reduction as supported by the Resolution from the Sebastian River Area Chamber of Commerce, Board of Directors, attached hereto and marked as "E l-ibit A"; and, WHEREAS, the City of Sebastian has submitted traffic data and formal requests to reduce the speed limit which have been denied by the Florida Department of Transportation. NOW THEREFORE, be it resolved by the City of Sebastian City Council as follows: SECTION 1. INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO), The City of Sebastian intends to petition the Department of Transportation for a speed limit reduction and hereby formally requests the support of the Indian Rioter County N1P0 to lower the speed limit on US Highway 1 in Saebas6an, Florida between jackson Street and County Road 512. SECTION 2. EFFECTIVE DATE. This Resolution shall take effect inunediately upon its adoption. 21 of 77 The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows- Mayor Bob McPartlan Vice-Mayor Don Wright Council Member Jerome Adams Council Member Andrea B. Coy Council Member Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 22"" day of May, 2013. ATTEST By: Sally A. TNfaio,,'v1MC CM? Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPa-rdan Mayor ::Approved .As to Form and Legality for Reliance by the City of Sebastian Only: BIT: Robert A. Ginsburg City Attorney 22 of 77 F,xHIBIT "A„ Resolution in Support of Reducing the Speed limit on US Highway One in the Business District of the City of Sebastian The Sebastian River Area Chamber of Commerce Board of directors met on May S, 2013 and proclaimed the following: WHEREAS, the Sebastian River Area Chamber of Commerce supports business development and promotes tourism in the area; and WHEREAS, the Chamber believes that the reduction of the speed limit on U5 Highway One from Jackson Street to County Road 512, would enhance the safety of drivers, pedestrians, tourists, visitors and resident, and property in the area; and encourage economic growth in the City; and WHEREAS, the City of Sebastian had dedicated substantial resources and taxpayer dollars to calm the traffic in the business area, enhance the pedestrian safety, and beautify the US Highway One corridor; and WHEREAS, Florida Statutes 316.189 provides for a speed limit minimum of 30 miles per hour on all county and municipal streets or highways, in any business district, however the minimum of 40 miles per hour is established for highways under the jurisdiction of the Department of Transportation; and WHEREAS, US Highway One traverses the entire business district which is also the designated Community Redevelopment Area within the City of Sebastian; and WHEREAS, US Highway One is federally designated by the Department of Transportation as a National Scenic Highway through the City of Sebastian; and WHEREAS, roadside development and land use are two established criteria for the Department of Transportation to consider in adjusting the speed limit; and WHEREAS, a reduction of the speed limit from Jackson Street to County Road 512 on US Highway One could reduce the number of and severity of accidents along US Highway One; Now, therefore, on this 811 day of May, 2013, the Sebastian River Area Chamber of Commerce Board of Directors resolves their support of the reduction of the speed limit on US Highway One in the Sebastian area. Debbi Vickers, Chairman of the Board Signed this 8"' day of May, 2013 23 of 77 dL+ CRY OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Parks & Recreation Advisory Agenda No. ffA - 7 Committee — One Expired, Regular Member Position Department Origin: _City Clerk City Attorney: pr d for Submittal by: City Manager r For Agenda of: 5/22/13 Date Submitted: 5/13/13 nr Exhibits: E -Mail, Applications, Advertisement, List EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Scott Simpson's position on the Committee expires May 31, 2013 and he is not seeking reappointment. A press release resulted in no additional applicants, however, Resolution R -12 -38 provides that applications on file for one year prior to advertising deadline shall be submitted for consideration. The resolution also provides that Council may move up an alternate and use the applications to fill the alternate position. Please be advised the alternates were notified of the vacancy and did not request advancement for this vacancy. The following applicants are on file in the Clerk's office: Norman Meyer Greg Paschall Lawanna Sue Perry RECOMMENDED ACTION 1) Interview, unless waived, and submit nominations for: One, regular member position with a term to expire May 31, 2016. 24 of 77 Jeanette Williams From: Scott Simpson [scottandteresa @hotmail.com] Sent: Sunday, April 28, 2013 2:28 PM To: Jeanette Williams Subject: Parks & Rec Jeanette, I received your email regarding my expiring position on the Parks & Rec committee. I would like to state my intention not to renew my position. I have been a part of the committee for 3 years now, 1 of which as chairman. I have thoroughly enjoyed the opportunity to serve and continue to appreciate all that the city does for our citizens. I will be attending the May 20th meeting as the last meeting as a member. The committee will need an organizational meeting for the chairmanship in June. Sincerely, +Scott Simpson 1 25 of 77 MOF HOME OF PELICAN ISLAND RECEIVED MAR ® 8 1013 City of Sebastian City Clerk's Office APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: 10-1 (� oa 3 J) "-- a,v, r L 3 29 S HOME PHONE: 5 � I , O 5 Z (� HOME FAX: 5-1 (_ iL n V-. E -MAIL: �1rrn Z-tvl g 401 oo,co BUSINESS: 1 `o-^Vn,x BUSINESS ADDRESS: 14+1c) US 1� 3 2-9,s S BUSINESS PHONE: 5 $4 -'a l l 1 BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? '-e. HOW LONG? 9 s DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? O PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board– meets quarterly) PLANNING AND ZONING COMMISSION (permanent board– meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* —PARKS & RECREATION ADVISORY COMMITTEE (permanent board– meets once a month) NATURAL RESOURCES BOARD (permanent board– meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 26 of 77 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) r1n Q z `' � 5 r � i r a irvw c..� �.., c, i'�'� ce,1 "a,r, G,.m,o, �`�i ! S�� — ► °19 �i . S� 4„ �" ,... -, 2.uo�+. — z � I L HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ii HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? L'(�' m . 1 hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or m ittee is available if requested. Applicant Signature Subscribed and sworn to before me this iJ fF� day of &V_C.h z0 1 j" by rOlrmiLi who is personally known to me, or has produced as identification. r.'tary Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 \wp- form \applicat.wpd rev. 7/2007 JEANETTE 1NIWAMS =s Commission # EE 038067 :off Expires February 28 2015 •'R„ �w4�, BonW11ruTmyFen1 804385 -'nlg 27 of 77 REFC,eiv ED ;rY of City C /ek�s �Ce APPLICATION TO SERVE ON CITY BOARD /COMMITTEE Ali City Eoarc� anC� Co miftt e M l fibers (G�asf bo Resin refs of the Cif, of Sebastian, NAME: GCe- PQ5,aCk I I HOME ADDRESS: 1157 Grbof .n+ r;ve. G IN FL 3X e HOME PHONE: HOME FAX: IVA E -MAIL: wi Gre^cr4. tisc.A11 6 r -ter. com BUSINESS: M ti Ce4+II: 'r BUSINESS ADDRESS: Z S L. "d 5+ Al ��► o - III -6e6or 96,v\+ 0 r.lre a S s BUSINESS PHONE' _ _qYQ;�jBUSINESS FAX: /A E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? eS HOW LONG? Y la. yr, DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Aj O DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? NO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board — meets quarterly) PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* _jPARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month) NATURAL RESOURCES BOARD (permanent board — meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 28 of 77 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) 6.A.— e3iOlot, * See ABC,c 4-d feSuwee G. A. - Eawcwiiooi HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? • L)cfdf; /Ce eh YCA#Aygpq5&.J Gf% -Ai' Aa% A %0V*bt+' 5jk1VfhiC ijamrr i � j $tror5 C0#%V%UA%C.w1i0A SjG:1k5 u'j ne 0+�'C,1'-:,M, j ot%afs 461, A.0 rese u..d oweAs—, eAtcc4fed Pr>r�osAls, LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: k x 6YS — Vt. Qkfte VUY 4n OW "( lv� OUA-doors y VA, IA4; V4 0%j p "61;L paflGs airJ o� +door5�ces, As c we "joy W N4 Q'Ar daft j P`a`�iI►e� S�or{S Sw�ra�►1 +Itq. _ �Oc.li>'vC �+� CroMM4Ai}y �v;ce JJ Jc J V :✓t/ . HAVE YOU EVER BE CONVICTED OF ANY FELONY IN THIS OR ANY TATE? 'No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? • A!0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? •yes I. hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Or n nces Se ti s 2 -166 throu h 2 -173 (attached). Information relative to a specific board or committee is available i r uest d. ApplicainflSigrifure Subscribed and sworn to before . me this /3+'A day of Gtr 2 -01 by L9 re- Pas 0_11 who is personally known to me, or has produced _ n Yu,S ``Li CP ns e. as identification. d&W—et W• NQUAry Public, State of Florida Please return to Office of the City C e« 1225 111amp Rfr= , Sebastian, FL 32958 - (772) 589 -5330 *: JEAN WILLIAMS \wp- form\applicat.wpd ?�� z Commission # EE 038067 rev. 7/2007 :g Expires February 28, 2015 SondWTlwTmyF&k-wummoa8006 3857018 ror 'N�►ShIC 29 of 77 Greg Paschall 115 Harbor Point Drive, Sebastian, FL 32958 - 772 - 581 -7210 g regory.scott. paschall(a)-pfizer.com Senior Pharmaceutical Sales Representative • Results- driven sales professional who exceeds quotas through cold - calling, identifying decision - makers, obtaining appointments with "hard -to -see" doctors, conducting presentations, and successfully connecting with physicians, hospital and HMO formulary teams. • Engaging, influential approach to relationship building with clients and colleagues of all backgrounds. Outstanding consultative sales skills, developing and presenting creative, customer - focused solutions. Proven team leadership, training, and mentoring skills. ■ Demonstrated ability to maintain cutting -edge product and market knowledge, developing powerful technical presentations, persuasively answering questions, and overcoming objections. ■ Energetic, organized, disciplined, and productive. Effective managing of multiple projects and priorities to achieve ambitious professional goals. ■ Recognized by managers, peers, and physicians as a peak - producing professional who models integrity, innovation, and efficiency in the most demanding, competitive environments. Experience PFIZER, INC., Vero Beach, FL 2002— Present Professional Health Care Representative, Cardiovascular Division - Vero Beach • Managed aggressive prospecting and calling on 40 -60 physicians per week. Plan and host luncheons, dinner programs, and in- services to deepen discussions on product features and benefits. • Consulted extensively with hospital directors of pharmacy and P &T committee members for formulary development and product retention. ■ Produced at -goal sales volume of $6 million for all products combined. Ranked 5th in a regional sales team of 28 for overall sales performance, 2006. • Retained Lipitor on the Indian River Memorial Hospital formulary through influencing and enlisting the assistance of key cardiologists. • Organized luncheon program for cardiologists, Directors of Pharmacy, Clinical Coordinators and CEO of IRMH utilizing Dr. Ian Nixon to speak on Lipitor Discharge Protocols. • Achieved formulary placement of Caduet for America's Health Choice (HMO) through relationship building and education, including a cardiovascular lecture series targeted specifically to America's Health Choice physicians. • Chosen by district manager to mentor candidates and new hires, including ride along and product competency. • Recruited and coached local physicians to serve as spokesperson and technical lecturer for products. Conducted product and disease specific workshops for the district and the region at sales meetings. • Led several cross divisional initiatives to promote the entire Pfizer portfolio. Awards • 2006 F.I.R.S.T. in Class Winner- Focusing on Individual Results of Selected Targets; rewarding'exceptional sales performance awarded to top 25% of the area. • 2006 Widen the Gap Award Winner, achieved increased market share over baseline. • 2006 Widen the Gap 11, achieved increased market share over baseline. • 2005 Southeast Regional Performance Fund Award Winner for above - and - beyond contributions. • 2004 Winners Choice Award for greatest increase in market share for Lipitor, one of two people in the region. JOHNS HOPKINS HOSPITAL, Department of Surgery, Baltimore, MD Summers 1998 -2001 Administrative Manager, Surgical Oncology Provided office management, rotating through four surgical practices. Developed strong relationships with physicians and other healthcare staff in a collaborative research environment. • Orchestrated departmental communications. Provided exceptional customer service to patients and family members. Scheduled surgeries and clinical rounds; organized charts and records. • Served as interface between vendors (pharmaceutical sales representatives, surgical and medical equipment manufacturers) and physicians to ensure optimal efficiency. — Continued Page 2 30 of 77 Greg Paschall Page 2 — gregory .scott.paschall(cD.pfizer.com - 772- 581 -7210 Experience - continued JOHNS HOPKINS HOSPITAL, Department of Surgery, Baltimore, MD Summers 1998 -2001 Administrative Manager, Surgical Oncology • Streamlined office policies and procedures to improve productivity, data management, and customer service. • Trained new employees. Developed reports and correspondence using Excel, PowerPoint, Word, and Access; utilized proprietary surgical scheduling system. • Provided data collection and data entry in support of a three -year research study on the prevention of candidas infections in ICU patients. BALTIMORE POLYTECHNIC INSTITUTE HIGH SCHOOL, Baltimore, MD 1998 -2001 Biology Teacher • Planned and implemented science classes using creative instructional methods and technologies (PowerPoint presentations, laser discs, and interactive Internet -based tools). • Served on numerous task forces and committees, including: School Improvement Committee, Discipline Council Member, Class Advisor, Women's Track, Women's Volleyball, and Swim Team. • Achieved 100% proficiency ratings in 2000 and 2001. HERITAGE SOUTHEAST MEDICAL GROUP (MSO), Tampa, FL Physician Services Representative 1997 -1998 ■ Effectively negotiated contracts for Managed Service Organization (MSO) care plans for physicians in the greater Tampa, FL metropolitan area. • Conducted sales presentations, educating physicians on benefits of MSO membership and overcoming objections. ■ Resolved physician issues with the MSO through effective research, listening, and mediation skills. • Facilitated training seminars on operational procedures between physician's practices and the MSO. ■ Achieved 100% penetration of the assigned territory within six months, adding 75 new physician practices. Promoted twice in six months. UNITED STATES PEACE CORPS, Cameroon, Africa Math i Science Volunteer, Education Program 1993 -1996 • Taught Human Anatomy and Physiology, Genetics, General Biology, and Chemistry to youth ages 11 -20 (middle school through first -year college courses). • Developed innovative instructional methods to compensate for limited resources. • Solicited and obtained donations of lab equipment and library books. Wrote grant applications and successfully obtained funding for construction of water sanitation system. • Successfully fulfilled 2 years of service, was selected from among peers to complete an additional extension year. Education i& Professional Development Activities NORTH PARK COLLEGE, Chicago, IL Bachelor of Arts, Biology - Bachelor of Arts, Education, 1992 Earned Academic Scholarship as an Outstanding Education Major Professional Development: DISCovering Self profile selling workshop- The Ken Blanchard Companies; The Art of Action Selling workshop- Steve Brown 31 of 77 RECEIVED MAR ® 8 2013 City of Sebastian City Clerk's Office APPLICATION TO SERVE ON CITY BO All City Board and Committee Members Must be Residents of the City of Sebastian) NAIVE: L Lx (10, S0-e- vuTv HOME ADDRESS: 12- (0'3 J Gi) u rn cx-n ^ �, S'-hckg o-n -f�-( 3 2.q SF HOME PHONE HOME FAX E- IMAIL- �-� a- o�a-- �S �C�wnna� fr►- �ba�� ob BUSINESS: 1 �C' i� �t �J.f l y,� TS ill/ t�S �Jo/ 1� �/ 1q) BUSINESS ADDRESS: R 5 Scum S vi no, S F-5 BUSINESS PHONE: 18 . / $V 5 BUSINESS FAX E -MAIL- Wjm64 c ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? JeS HOW LONG? ,Ps -4 m °s. DO Y U CURRENTLY HOLD ANY PUBLIC OFFICE? n DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDSICOMMIT(TEES? Y P-S L , � I PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: -CHARTER REVIEW/ (sores 6 rm everyr 5 gars - metes mwd m 2011) CnIZENS BUDGET REVIEW ADWWRY BOARD ftmpmary - meeft demarg CONSTRUCTION BOARD toted - meek once a mkt)* HANDICAPPED SELF- EVAL6IATION ( n-TEE (hem boavd - meets gmmwW PLANNING AND ZONING COLUMSSION &ennamemt hoard- mteets tie a mardlt)* POLICE ANT BOARD OF TRUSTEES om maament smettoty hoard- meels quart mW * PARKS & RECREATmm ADVISORY Commri- EE iperrmament board -meets artce a month) NATURAL RESOURCES BOARD ammarient board- numb arias a mavmtlt) OTHER ) *F�e� of i dsc@ostme � reamed area o- - Cbin 32 of 77 APPLICABLE DUCATION A /OR EXPERIENCE: (a brief resume is required) t S ran S '. I HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOIJ'RE APrLYI G FIORD? y z %0.uCPl S �C r'L ao/ i ve Gi vrx' —C ter' LIST ANY ADDITIONAL QUALIFICATIONS 40 SERVE N BOARD OR COMMITTEE: P�`s eX e-lle n w can t9 l � Tac�C -Cd�� Fuej i(ea.(vd , rn M , bovi ri n Ur e +. HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? tvo WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? P5 I hereby certify that I am qualified to hold the position for which this application is made. Further, l hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or c;xt is available if requestep Signature Subscribed ands sworn to before me this Y ao (3 , by �-.(�tt)GVInk OR lrV-`4 who is ersonally known to me, or has produced As identification. DONNA L. URBAN MY COM1V11SSIOid # EE147276 Notary ublic, State of Florida d EXPIRES: Sam 18.2013 ry �rnxx fl. Navy Dl id Assm. Co. Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 1wp- formlapplicat.wpd rev. 7/2007 rs, II rzs�-t'l�n 33 of 77 OBJECTIVE: To secure a challenging career utilizing my technical, managerial and interpersonal skills for personal and corporate growth. Provided equipment financa Q support to United Rental branches Within the North East region and provide ba& up support around the United States when needed. Support ink prospectiM each sates person within the branch. buD&V relationships with the branch manager, prowding lease quotes and following through to a fug bansacbon- Partiver with United Rentals attends nagional, district & branch meeting_ Sales volunw "t8 $7mm_ Bellevue, WA r^ tRj t'��' ��tS F: tt � .... ..:, ►I• Y f,1.: Y.q : Y 't' ". F �:1 � �:..'Y.: T�:� Ir^:. ... I'.; .j ... �.: i l' ::'Y'.r : :.: r Y -. rt`r Yr Y ' ti T :Y / . 3 P /'d ". :f Ott L.Y.; ;i/,. ^;.L I. ••. Y� � - ►:. ;. ,.. f•:-:' 'rf ;. .. -� .. '.�_ _, t'': Y.:[:: -. .: :r ..Y I r..: "�.e :•r �I', ".'y�'.trF lY '... 4 "6�Y ;P .: :C.,.. w(.P5 ': .I: ;:. ,.I('. :rca r.: atr' -'. t:: ;.1 :1'.Y; ;r.'.. .rl �l :.v: '.. • -'=w ;•.Y ,.:7: '1 Foul. 34 of 77 Lawanna Wmball- page 2 -1. 1.:.... a " ":!`.W' "I ►• 4':IL t -.•1" '.I:, 1`rt. 'i: .:•0'L4' 4., _.l :', .� V; :'.4: n :'Rk :�k !10:14 Er. h ;. !. ! : r,: �... �� a•I a ' K:41 I' I a . •_ a, � va:: �..R!T! d _.`r_;u :l . ,�I: ;.r 'a' r.; � .1. :.r:':�! I °1:,Rn v., . ': r.,.,:: ' „r. '.♦ l 't r a -.. Y ''.4 . +"i! -a '✓.:.y, tr,. Pl.' FFT r +. ri +7 .!'•,': r; �! Y ::A t 1. tL Ali 'u a ,►� :1 ,i :. �I: a. ► 6. :•! .:�_ '.[ :.►irl� r. j I,; r, :r c :f, Rernonal Sales BankVest Capital Marlboro, URNS - 11OR999 Y.',.. �%{ :I .1'; '.lr- :y:.' 'f r. .. " }'Y.'.. .e !” L M:.I',i1'..�{ �rtU; �, 'fti �: \:li1j! ':•f 't '.Bk y... �.1, ':p •; r..: ,. '!.i R�:-�1:.� 1 . ►. :i �t ; :[.:1 ... .a', :.la f':. Y." ..�Ih`3 {.'..I: Rte: �i1 ..a .,R : �:( •!, ..r f =! .a 1' E " { ..`!1 ./ ti. R.....t .:rl. Crem Af�alVSt The CIT Group f Industrial F"ruarx*q Inc Atlanta, GA 611196 -1919 Credal Authorities hu eased to $150.0- Shared knowledge in the small ticket division ffwWM creclit mimes. Processed lease requests up to $1 mm. Territory included all 50 states. Vendor &ulcer driven. Education Kennesaw State College 1995 Kennesaw, GA Awards 2002 Sales Rep of the Year Wachovia 2001 Sales Rep of the Year Wachovia 2000 Sales Rep of the Year Wachovia 1999 Bankvest President Club 1998 Bankvest President Club 35 of 77 PARKS & RECREATION ADVISORY COIIAMMEE Ordinance No. 0 -07 -07 3 -YEAR TERMS MEMBER NAME /ADDRESS TERMS Scott Simpson (rk Term to expire 5/31/2013 1132 Coverbrook Lane n Q1 Appointed 5/26/10 Sebastian, FL 32958 713 -8472 scottandteresa(a-hotmail.com Matthew Sims 1741 Barber Street Sebastian, FL 32958 538 -4369 0neStopCe11U12r5(q-)_ao1.com John Tenerowicz 310 S. Wimbrow Drive Sebastian, FL 32958 589 -9099 thegoiferjohn(c- yahoo.com JoAnn Webster 765 Wentworth Street Sebastian, FL 32958 633 -8502 webstersrnorthCc).aol.com JoAnne White 449 Easy Street Sebastian, FL 32958 766 -2501 Joanne 2whites_com Term to expire 5/31/2015 Reapptd 5/9/12 Appointed 9/24/08 Term to expire 5/31/2014 Appointed 6/9/10 Reapptd 6/8/11 Term to expire 5/31/2014 Appointed Reg 11/28/12 Reapptd Alt 5/9/12 Appointed Alt 8/11/10 Term to expire 5/31/2015 Reapptd 5/9/12 Appointed 6/27/07 Rosemary Flescher - Alt Member Tema to expire 5/31/2015 279 Joy Haven Drive Appointed 11/28/12 Sebastian, FL 32958 388 -9531 r. f lescher(,comcast.net Tammy Nelson — Alt Member 426 Park Avenue Sebastian, FL 32958 453 -0305 Tammy- nelson(aD-comcast. net Term to expire 5/31/2014 Appointed 3/27/13 BOARD SECRETARY, LINDA KJNCHEN 36 of 77 cnr of �Q 9.00146E OF PELICAN ISLAND April 26, 2013 Contact: Jeanette Williams Board Coordinator at 388 -8215 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE The City of Sebastian is seeking applicants to fill one expired member position on the Committee with a term to expire May 31, 2016. This is a volunteer position. All Committee members must be City residents. In the event Council fills the position with an alternate member, Council may choose one of the applicants to fill the alternate position. This Committee meets on the fourth Monday of each Month at 5:30 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.cityofsebastian.org and will be accepted through May 13, 2013. 37 of 77 � n� '1� AGENDA TRANSMITTAL Subject: Agenda No. 1,0A -/- SAD 12900 US Highway 1 Department Origin: City, Ma a r Cemetery Expansion Purchase Administrative Srvc: t City Attorney: A rov or ubmittal by: City Clerk: F Date Submitted: 15 MAY 13 AI inn dity Manager For Agenda Of: 22 MAY 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $300,000 $0 $300,000 — Cemetery Trust Fund SUMMARY The Sebastian Cemetery has approximately 1,032 lots remaining. With average lot sales at 60 per year, the remaining sales life of the cemetery is a little over 17.2 years (not include niche sales). While this appears to be a long period, property around the cemetery for future expansion is limited and property values are at an all time low. At the May 8, 2013 meeting, Council preliminarily considered expanding the Cemetery into 12900 US Highway 1, which is a 1.4 acre parcel. As a result of that meeting, a $300,000 offer was issued to the Seller pursuant to the terms of the agreement Council reviewed. The appraised value of the property is $375,000. Should Council wish to move forward to close on this land purchase, the following items are provided as part of the due diligence process: CEMETERY SALES — By making this purchase, staff has identified a number of options for cemetery expansion. These options include a potential mixture of lot, niche and mausoleum sales. The worst case scenario is that the property be converted into an area for lot sales only along the existing terrain. Because the terrain has a ridge, potential lot expansion is reduced to approximately 720. This amount of lots would generate approximately $720,000 in sales revenues and take approximately 12 years to sell, expanding the useful sales life of the cemetery to approximately 30 years. However, many options are available to increase capacity and sales potential of the property. One such way includes a mixture of lot, niches and mausoleum sales. In this scenario, a total of 1192 spaces could be created which would extend the sales life of the cemetery for another 19.8 years (36.8 years total). In this extreme positive example, gross revenue of $2,432,000 could be earned (significant capital investment would be 38 of 77 required). In any case, the property is being sought for an extremely reasonable price and it will return City investment and extend the sales life of the cemetery from 17 years to 30 -40 years (sales life can be further extended with niche and mausoleum sales). ANNEXATION — Should Council move forward with the purchase, annexation and rezoning should take place; providing for a public service land use designation. SAND — With the existence of the "sugar sand" ridge in the parcel, the City could consider removal and sale of the sand. This would create more space for lot sales and the sand sales could equal the value of the property. STRUCTURE — If the purchase is made, the site should be improved. These activities would include (1) removal of dead trees; (2) clearing of overgrown brush; (3) demolishing the existing dilapidated structure; and, (4) disconnection of water pump and electric service. CEMETERY TRUST FUND — Ordinance 0 -93 -12 establishes procedures for funding the Cemetery Trust Fund. Under these regulations, all niche and lot sales fund the Trust. Trust revenue is then divided evenly between the Non - Expendable Trust and Expendable Trust. The current balance is $763,382 and $273,993 respectively. In order to purchase this lot without affecting other City funds and not violate 0- 93 -12, staff recommends approving Resolution R- 13 -10. This resolution will allow the City to borrow $26,007 from the Non - Expendable Trust and re -pay it from future cemetery sales without funding the Expendable Trust until the money is refunded. At our current rate of 60 sales per year, the Non - Expendable portion of the trust should be repaid by the end of FY 13. RECOMMENDATION Staff recommends Council take the following action: 1. Approve R- 13 -10. 2. Authorize Staff to close on the purchase of 12900 US Highway 1 within the provisions of the sales contract. 39 of 77 RESOLUTION NO. R -13 -04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA BORROWING FUNDS FROM THE NON - EXPENDABLE CEMETERY TRUST FUND AND REPAYING THE FUNDS WITH ALL NICHE AND LOT SALES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian has determined that it is in the best interest of the public welfare to purchase property which will extend the useful sales life of cemetery lots and niches at the Sebastian Municipal Cemetery; and, WHEREAS, the City of Sebastian has placed a sales offer of $300,000 on a 1.4 acre parcel located immediately adjacent to the Sebastian Municipal Cemetery at 12900, US Highway 1; and WHEREAS, Ordinance 0 -93 -12 regulates the use of cemetery lots and niche sales revenues; and, WHEREAS, in order not to affect the other operating funds of the City and to adhere to the financial operational mechanisms promulgated by 0- 93 -12, this Resolution establishes a loan in the amount of $26,007 to be made from the Non - Expendable Cemetery Trust to the Expendable Cemetery Trust; and, WHEREAS, a repayment plan is hereby created. NOW THEREFORE, be it resolved by the City of Sebastian City Council as follows: SECTION 1. LOAN. The Sebastian City Council authorizes a loan in the amount of $26,007 be made from the Non - Expendable Cemetery Trust to the Expendable Cemetery Trust in order to purchase the 1.4 acre parcel located at 12900 US Highway 1. SECTION 2. LOAN REPAYMENT. Until such time that the funds are repaid, the Sebastian City Council authorizes that all proceeds from cemetery lots and niches be deposited in the Non - Expendable Cemetery Trust. It is estimated that the fund will be repaid by the beginning of Fiscal Year 2014. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 40 of 77 The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea B. Coy Council Member Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of May, 2013. ATTEST By: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan Mayor Approved As to Form and Legality for Reliance by the City of Sebastian Only: Bv: Robert A. Ginsburg City Attorney 41 of 77 As Of Lot Interest As Of Lot Interest As Of Lot Interest As Of Lot Interest As Of .alysisof Cemetery Interest Earnings Eaminna Expenditure: 9130/2006 Sales Earnings Expenditure; 913012007 Sales Earnings Expenditures 9130/2008 Sales Earnings 1/16/2013 lonexpendable Trust Fund $508,346 As Of Lot Interest As Of Lot Interest As Of Lot Interest As Of Lot Interest $ (25,497) $672,259 :xpendabie Trust Fund $ 70,020 9/30/2001 Sales Eaminos Expenditure: 913012002 Sales Earning s E_px enditureE 913012003 Sales Eamings Expenditures 9/30/2004 Sales Earnings Expenditures lonexpendable Trust Fund $375,000 ",24,225 $ 9,644 $408,869 $31,813 $ 8,837 $449,519 $41.275 $ - 10,473 $ 501,267 $ 28,967 $ 6,540 $ (28,448) :xpendable Trust Fund $ 31,986 $24,225 $ 823 $ (19,964 } $ 37,070 $31,812 $ 801 $ (55,800 ) $ 13,883 $41,275 $ 323 $ (13,750) $ 41,731 $ 28,988 $ 545 $ (1,244) Total $406.986 $48.450 $ 10.467 $ (19.9641 1445.939 $62.625 $ 9.638 $ 155.8001 $463. 402 $82. 550 $ 10. 796 1 (13 -7-= $542.998 $ 57.975 $ 7.085 g (29.6921 terest allocation lonexpendable Trust Fund $ 9,644.37 $ 8,836.82 $10,472.57 $6,540.50 xpendable Trust Fund $ 822.63 $ 801.18 $ 323.43 $ 544.50 $10,467.00 $ 9,638.00 $10,796,00 $7,085.00 As Of Lot Interest As Of Lot Interest As Of Lot Interest As Of Lot Interest As Of 9/3012005 Sales Eaminna Expenditure: 9130/2006 Sales Earnings Expenditure; 913012007 Sales Earnings Expenditures 9130/2008 Sales Earnings Expenditures 9/30/2009 lonexpendable Trust Fund $508,346 $29,913 $ 21,529 $ - $559,788 $25,003 $ 25,497 $ (7,046) $603,242 $39,775 $ 29,887 $ (21,529) $651,374 $ 44,655 $ 1,727 $ (25,497) $672,259 :xpendabie Trust Fund $ 70,020 $31,013 $ 2,965 $ (7,626) $ 96,372 $25,003 $ 4,390 $ 34,500 $ 91,264 $39,775 $ 4,522 $ (15,009) $120,552 $ 44,655 $ 320 $ (7,757} $ 157,769 Total $578.366 $60,926 $ 24,494 $ (7,626) $656,160 $50,005 $ 29,887 $ (41,546) $694,506 $79,550 $ 34,408 $ (36,538) $771,927 $ 89,309 $ 2,047 $ (33,254) $ 830,029 terest allocation lonexpendable Trust Fund ixpendable Trust Fund $ 21,528.64 $ 25,497.08 $29,886.71 $1,727.23 $ 2,965.36 $ 4,389.52 $ 4,521.55 $ 319.67 $24,494.00 $29,886.60 $34,408.26 $2,046.90 terest allocation lonexpendable Trust Fund zgmndable Trust Fund $ 5,646.78 $ 1,325.22 $ 6,972.00 $ 5,399.27 $ 1,463.73 $ 6,883.00 Aal interest earnings used for operation of Cemetery for FY2004 -2005 budget year 18273 terest earnings used for monuments and vases (FY 2005 1 st quarter budget amendment) $10,175 terest earnings left on the account as of January 1, 2005 is $496.48. terest earning for the FY 2005 is $6,540 ital Interest Earning for FY 2006-07 appropriation is $7,046.48 (Also transferred $34,500 for Capital, although if wasn't spent until FY07 -08) 3tal Interest Earnings for FY 2007 -08 appropriation is $21,529 (Plus $16,500 for capital was budgeted. Actual capital transfer was $15,008.72) ital Interest Earnings for FY 2008-09 appropriation is $25,497 (Plus capital for $7,756.85) ital Interest Earnings for FY 2009 -10 appropriation is $29,887 )tal Interest Earnings for FY 2010 -11 appropriation is $1,727 ote: Non -expendable portion is used to generate interest income, which is then transferred to Genera[ Fund to offset operating xperiditures. Expendable portion Is used for capital "incidental to providing additional internment sites for future sale O'er a6r $ 5,637.68 $ 1,712.88 $ 7,350.56 ` 42 of 77 Cemetery interest earnings i Projected Projected Projected As Of Lot Interest As Of Lot Interest As Of Lot Interest As Of Lot Interest Budgeted As Of 9/30/2009 Sales Eaminos Expenditures 9/30/2010 Sales Earnings Expenditure: 9/30/2011 Sales Earnings Expenditures 9/30/2012 Sales Earnings Expenditures 9/3012013 lonexpendable Trust Fund $672,259 $26,175 $ 5,647 -$ •`(29,888) $674,193 $27,580 $ 5,399 $ (1,727) $705,445 $31,746 $ 5,638 $ (5,647) $ 737,182 $ 30,000 $- 5,838 $ (5,399) �c endable Trust Fund $157,769 $28,175 $ 1,325 $ - $185,270 $27,580 $ 1,484 $ - $214,333 $31,746 $ 1,713 $ - $247,793 $ 30,000 $ 1,713 Total 30.029 $52,350 $ 6,972 $ (29,888) $859,463 $55,160 $ 6,883 $ (1,727) $919,779 $63,493 $ 7,351 $ (5,647) $984,975 $ 60,000 $ 7,351 terest allocation lonexpendable Trust Fund zgmndable Trust Fund $ 5,646.78 $ 1,325.22 $ 6,972.00 $ 5,399.27 $ 1,463.73 $ 6,883.00 Aal interest earnings used for operation of Cemetery for FY2004 -2005 budget year 18273 terest earnings used for monuments and vases (FY 2005 1 st quarter budget amendment) $10,175 terest earnings left on the account as of January 1, 2005 is $496.48. terest earning for the FY 2005 is $6,540 ital Interest Earning for FY 2006-07 appropriation is $7,046.48 (Also transferred $34,500 for Capital, although if wasn't spent until FY07 -08) 3tal Interest Earnings for FY 2007 -08 appropriation is $21,529 (Plus $16,500 for capital was budgeted. Actual capital transfer was $15,008.72) ital Interest Earnings for FY 2008-09 appropriation is $25,497 (Plus capital for $7,756.85) ital Interest Earnings for FY 2009 -10 appropriation is $29,887 )tal Interest Earnings for FY 2010 -11 appropriation is $1,727 ote: Non -expendable portion is used to generate interest income, which is then transferred to Genera[ Fund to offset operating xperiditures. Expendable portion Is used for capital "incidental to providing additional internment sites for future sale O'er a6r $ 5,637.68 $ 1,712.88 $ 7,350.56 ` 42 of 77 Cemetery interest earnings i ARTICLE I. IN GENERAL Sec. 34 -1. Applicability. § 34 -5 The rules and regulations in this chapter shall be applicable in the municipal cemetery. (Code 1980, § 8 -18) Sec. 34 -2. Trust fund. (a) A cemetery trust fund is hereby established which will be administered by the finance director pursuant to the policies established by the city council. (b) A permanent endowment, in the minimum amount of $375,000, is hereby established, the proceeds of which shall be used for the sole purpose of providing funding for the operation, care and maintenance of the cemetery. (c) The proceeds from the sale of interment sites in the cemetery shall be deposited into the trust fund, one -half of which shall be added to the permanent endowment. Non - endowed funds will be used solely for capital expansion of the cemetery to provide for the plotting, acquisition, watering system installation and related costs incidental to providing additional interment sites for future sale. (d) Funds in the cemetery trust fund shall not be used for any purpose, other than stated in (b) and (c) above and shall be invested in accordance with the city's investment policy. As a part of the consideration for the purchase of interment sites, the city obligates itself to use the proceeds of such sales for no other purpose than as stated in this section. (Code 1980, § 8 -1; Ord. No. 0- 93 -12, § 1, 6- 23 -93; Ord. No. 0- 01 -20, § 1, 9- 26 -01) Cross reference — Finance, § 2 -86 et seq. Sec. 34 -3. Records. The cemetery sexton and office of the city clerk shall keep records as required. (Code 1980, § 8 -19) Sec. 34 -4. Unlawful conduct. It shall be unlawful for any person to break or injure any tree or shrub, or mar any landmark, marker or memorial or in any way deface the grounds of the cemetery. (Code 1980, § 8 -18.1) Sec. 34 -5. Hours; trespass. The cemetery shall be open daily from 7:00 a.m. until sunset. Any unauthorized person on the grounds after sunset will be a trespasser. (Code 1980, § 8 -20) Supp. No. 41 CD34:3 43 of 77 AGENDA TRANSMITTAL Subject: Agenda No. 12-,4 - /3.6/ 5- Ordinance 0 -13 -03 Solid Waste Removal Franchise Department Origin: Cam Managpir Administrative Srvc: City Attorney: Ap rov or Submittal by: City Clerk: �- -- Date Submitted: 15 MAY 13 „City Manager For Agenda Of: 22 MAY 13 Exhibits: Franchise Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY Attached is the enacting ordinance and solid waste hauling franchise agreement. The agreement is essentially the same as the previous agreement. It does however, update price, recycling bins, trash receptacles, natural gas incentives and other incentives discussed with Council. Note - In the rate sections of the agreement you will notice different prices than discussed, as these figures contain the added 6% franchise fee. Additionally, because the fees are decreased, it is anticipated that General Fund franchise revenues will also decrease by approximately $9,500 annually. RECOMMENDATION Staff recommends approval of the agreement on first reading and set public hearing for June 12, 2013. 44 of 77 ORDINANCE NO. 0 -13 -03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance 0 -3 -12 expires on June 30, 2013; and WHEREAS, the Council has determined that it is in the best interest of the public that a single provider have an exclusive franchise for both residential and commercial solid waste collection; and WHEREAS, pursuant to a competitive proposal process it has been determined that the public will best be served by granting said franchise to Waste Management, Inc. of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. Waste Management, Inc. of Florida, is hereby granted an exclusive franchise to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN CITY OF SEBASTIAN AND Waste Management, Inc. of Florida attached hereto and incorporated herein by this reference as if fully set forth herein. Section 2. It shall be a violation of the City Code, punishable as provided in City Code section 1 -10, for any person or entity to provide solid waste collection within the City except in accordance with the terms and conditions of the Franchise granted hereunder. 45 of 77 Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This ordinance shall take effect upon adoption. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea B. Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 2013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan am_m i Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney day of , 46 of 77 Franchise Agreement Between WASTE MANAGEMENT Waste Management, Inc. of Florida 47 of 77 This Franchise Agreement ( "Agreement ") is hereby made and entered into this 12th day of June, 2013, between CITY OF SEBASTIAN, FLORIDA, ( "City ") and WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, whose address is 2700 NW 48th Street, Pompano Beach, FL 33073 ( "Franchisee "). WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, Franchisee desires to perform such:, ervices pursuant to the terms and conditions set forth herein; NOW, THEREFORE, in consideratiot contained herein and other good and valuably of which are hereby acknowledged, the City a Article 1. Background Recitals 1.0. The recitals set forth above are arue ai Agreement. Article 2. Term of .the Agreement 2.0. The term of thiL July 1, 2013. This Ag'rej, June 30,.:;:.2 , unless pursuant: o Sec 16 'i 1 n Definitions be for the mutual promises and :agreements nsiderataori; the receipt and "sufficiency he Franchisee agree as follows: party shall:`ni otify than July 1, 2017. and .form a material part of this od of five (5) years, which shall begin renew for an additional term ending the other to the contrary in writing 3.0. Gene"W To the extent that any definition contained herein conflicts with any similar definition contained in anyfederal, state, or local law, the definition herein shall prevail. However, nothing;;;;contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. 3.1. Agreement shall mean this Franchise Agreement between the City and the Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. 2 48 of 77 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes ;,or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of ::transmitting pathogens to humans or animals. The term does not include human r m16h that are disposed of by persons licensed under chapter 470, Florida Statutes 3.4. Biomedical Waste shall mean any Solid WNaste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited.. <'Io, nonliquid human tissue and body parts; laboratory and :veterinary waste which coy #ain human - disease- causing agents; discarded disposable Shgrps, ;;human blood, and human blood products and body fluids; and other materials' which in the opinion of the Florida Department of Health represent a. _signficant risk of ;:infection to persons outside the generating facility. The term does not include human ;remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. 3.5. Council shall mean he City's governing body, w}[cli' currently is comprised of the City Council of the City:— f'Sebastian, Florida 3.6. Bulk Trash shall mean ,.and non- vegetative item that cannot be containerized, bagged or bundled, or whose large size_or weight precludes its handling by normal, Collection, mrocessing or disposal methods. Bulk Trash includes but is not limited to discarded VWllite:oods `that,;.are not Freon - Containing Devices, toilets, pool heaters, water softeners, pianos, bath,, Jubs, sinks, bicycles, and similar household goods, appliances, fixtures and furniture. 3.7. Col 16.d and Collection shall mean the process whereby Solid Waste is picked -up and removed from the locst n where it is generated, and then transported to the County Landfill. 3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.9. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; and (b) Recyclable Materials generated on Commercial Property and from Mobile Home Parks. 3.10. Commercial Container shall mean any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non - absorbent material; (c) is free - standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial 3 49 of 77 Containers include, but are not limited to roll -on /roll -off boxes, dumpsters, Compactors, and similar receptacles used to Collect Solid Waste 3.11. Commercial Property shall mean all of the improved property in the City that is used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, church, not -for- profit, governmental, nonresidential or industrial purposes. 3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial .Sold Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial SolidWaste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional:off<ces and buildings, including, without limitation, schools and hospitals; (c) churches and not for ^profit organizations; (d) hotels and motels; (e) Multiple Dwelling Unfits that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; (g) agricultural; and industrial facilities; and (h) Construction and Demolition Debris collection in volumes" greater than fifteen (15) cubic yards. 3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.14. Construction and Demolition Debris shall mean discarded materials generally considered to be not writer soluble and: nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asp -1f roofing m"' aterial, pipe, gypsum wallboard, and lumber, from the constructianor destruction of a structure as part of a construction or demolition projector from the `renovation .of a structure, and including rocks, soils, tree remains, trees,":. rees, and.; other vegetative matter: that normally results from land clearing or land development operations fora cons #ruction project, including such debris from construnton of structures at.,a site remote''from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it`to be classified ::as other than construction and demolition debris. The term also includes.? (a)' Clean cardboard,>,paper, plastic, wood, and metal scraps from a construction protect; (b) Unpainted, nontreated wood scraps from facilities manufacturing materials used for >. construction of structures or their components and unpainted, nontreated: wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and (c) De Minimis Amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. 4 50 of 77 For purposes of this Agreement, the term does not include "Roll -on, roll -off' service at volumes less than fifteen (15) cubic yards. 3.15. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.16. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of this Agreement. 3.18. County shall mean Indian River County,, floHtla. It shall also include the Indian River County Solid Waste Disposal District, a dependent special disteict ,f Indian River County, Florida. 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste. and Recyclable Materials discarded by a Customer. 3.20. Customer shall mean a Person havjtng a contractual relationship with the Franchisee for Residential Solid Waste Collecton:;;.Service ;or Commercial Collection Service pursuant to the term,,: ,..of this Agreement and the City'Code. 3.21. De Minimis,Amount shall mean theamount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight, whichever is more restrictive, as determined by`a measurement or visual inspection by the Contract Manager 3.22 County Landfill shall mean, the Solid Waste Disposal Facility or Facilities owned or operated; by the County 3.23. Freon, - Containing ,;Devices shall mean White Goods, appliances or other devices that contain or ;may release Freon, such as refrigerators, freezers, air conditioners, and aehumtdfers. 3.24. Garbage shall`'mean all kitchen and table food waste, and any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. 3.25. Garbage Receptacle shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non - absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s), and includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. 5 51 of 77 3.26. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. 3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes that is not a Hazardous Waste. Such waste many include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer /agricultural chemicals; food and related products or by- products; inorganic chemicals; iron and steel manufacturing; weather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing; pulp and paper industry; rubber an miscellaneous plastic products; stone, glass, clay, and concrete products, textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean a by, for, or on behalf of the County for the purpose o storing, or preparing Recyclable Materials for sale 3.29. Mobile Home Park shall mean:'any "improved the placement of mobile or modular homes I or firailers 3.30. Multiple Dwell permanent living unit; include hotels or motel 3.31. [Left i 3.32. 3.33.:. ":Person shall`M' A limitation;,, any individual club, fraternal organiza organization ;or league, syndicate, murrcpal corl state; any governments government; or any tithe as a unit. shall mean any "b Dweljin Ur is i blank' " k] ity operated or managed ,ing, sorting, ,"processing, property divided into spaces for tg containing five (5) or more f condominiums, but do not n any "and all persons, natural or artificial, including, without firm, part rship, corporation, company, association, social ore, church, religious sect, religious denomination, society, estate, trust, receiver, executor, administrator, trustee, or gyration, municipality, district or county of Florida and any other ;agency or political subdivision of any state or the federal legal entity, and any group or combination of the above acting 3.34. [Left Intentionally Blank] 3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent 6 52 of 77 processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.36. [Left Intentionally Blank] 3.37. [Left Intentionally Blank] 3.38. [Left Intentionally Blank]. 3.39. [Left Intentionally Blank] 3.40. [Left Intentionally Blank] 3.41. Residential Solid Waste shall mean resulting from the normal housekeeping ac Park that has elected to receive Residential 3.42. Residential Solid Waste Collection disposal of Residential Solid Waste, generated 3.43. Residential Solid Waste Francl comprising the City. Trash, Yard TN a Residential U to Collection Sei and Bulk Trash r; Mobile Home I mean the Collection and Jential Franchise Area. an the geographical area 3.44. Residential Unit shall mean each and every lot or `parcel of land that is improved for occupancy as a s i) - family<residence, duplex, triplex, or quadraplex, and any other residence, excep# a ;'Multiple Dwelling Unit. The term also includes individually -owned mobile or modular :homes or tr;acIlers that: have. residential permanent license tags; are erected on a separate parcel ofi property, are within the Residential Franchise Area or the Residen #4ial:`<<Recvclables'Franchise Area; > -and do not receive Commercial Collection 3.45 S, edge shall mean the accumulated solids, residues, and precipitates generated as a reslt;.of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped #rom septic tanks, grease traps, privies, or similar waste disposal appurtenances''_ 3.46. Solid Waste `shall mean Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. 7 53 of 77 3.47. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.48. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. 3.49 Standard Issue Container shall mean the collection b h,. ssued by the Franchisee to every subscribing Residential Customer. Such Container shall, be a mobile sixty -four (64) gallon collection bin. Franchisee shall deliver the Container to new Customers at the time of their subscription. For the purpose of ,the, initial term of "this. this Agreement, the Franchisee will deliver Containers to existing Residential Customers by October 1, 2013. If the Standard Issue Container is too large fof disabled Customers, the F nchisee shall make a reasonable accommodation and issue a:smaller sizeticontainer to Customer. 3.50. Trash shall mean all accumulations of refuse'` rags, paper, paper boxes and containers, sweepings, other accumulations of a simiiaa ;;nature, and broken toys, tools, equipment and utensils. Trash does nQt int xle;;Garbage of Yard Trash. 3.51. Uncontrollable Force-shall mean any event that.results in the prevention or delay of performance by a party of its obligations under'this Agreement and which is beyond the reasonable control of;the'non performing pacly It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms,.; lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not;an Uncontroliable Force.. 3.52 White 'Goods includes inoperative and discarded refrigerators, ranges, water heatefs, freezers, and other s�mi,lar domestic and commercial large appliances. White Goodsdo not include Freon Containing Devices. 3.53. Yard ::Trash shall mean vegetative matter resulting from yard and landscaping maintenance, .including grass clippings, palm fronds, tree branches and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste Franchise Area and (b) Commercial Collection Service. 4.1. Recyclables. The collection of residential recyclables is not a part of this Agreement. 8 54 of 77 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific terms of this Agreement. 4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not :,prohibit any Person from gathering, conveying, or processing Recovered Materials; provided such Person otherwise complies with applicable Florida law. No franchise or Dermit shall be required with respect to Recovered Materials. Containers of 'Recovered Materials may include a De Minimis Amount of Solid Waste. Containers 'holding more than a De Minimis Amount of Solid Waste shall be handled and redutated as Solid Waste Article 5. Title to Solid Waste and 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, and Recyclable Materials are placed at a Curbside Collection Point or any other approved location for Collection by the Franchisee within„ the City, ;the City shall hold title and ownership to all such materials. The ?Franchisee.shall have no right to take, keep, process, alter, remove or;otherwise dispose ofi any suoh materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological :Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects Article 6, Process�ng;an&DisposaI 6. 0. Processing Repovered Materials collection, processing and marketing are outside the scope of this Agreement 6.1. Solid %. Waste Disr)osgLi The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Article 7. F 7.0. Franchise Fee:' A Franchise Fee in the amount of 6% of gross revenues collected pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (15th) day of each month for all services collected by the Franchisee during the immediately preceding month. Article 8. Residential Services 8.0. Hours of Residential Service- General. Residential Solid Waste Collection Service, shall be provided Monday through Friday, beginning no earlier than 7:00 a.m. and ending 9 55 of 77 no later than 5:00 p.m, unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall Franchisee on Sundays or the holidays of Memorial Day, Thanksgiving, Christmas, or New Year's Day, unless neces Uncontrollable Force. Residential Solid Waste does not need Franchisee on any holiday when the County Landfill is closE Waste Collection Service is scheduled to be provided on a holfd collect the Residential Solid Waste on the Wednesday folio', a Monday or Tuesday, or preceding such holiday if it,,ow` .u, 8.2 Frequency of Residential Solid Waste C least two (2) times each week, the Franchisee Customers that requested Residential Solid U Garbage and Trash shall be at least three (3)c not be Collected by the July 4th, Labor Day, ;ary to respond to an to be Collected by the d. If Residential Solid ay, the Franchisee shall such holiday if it occurs in a Thursday or Friday. I?.Gollect Garbage ai Collection Service. apart. and Trash. At rash from those e Collections of 8.3. Frequency of Service -- -Yard Trash. Yard Trash shall be collected from Residential Units receiving Residential Solid Waste: Collection Service at least one (1) time per week. Yard Trash shall not be commingled wRfx Garbage. 8.4. Frequency of Service- -Bulk Trash. ;The Franchisee shal,,collect all Bulk Trash and Freon - Containing Devices placed at the Curbside Collection Point within four (4) calendar days after recervrng a Customer's request to Collect such materials. There shall be no additional charge to ,the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1'i the City may direct delivery of bulk trash to an alternative location within the County for processing. 8.5. Obligations Of Franchisee To Residential Customers - General. For Residential Units, th+ Curbside C.ollect�an:Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right -of -way, or other locationagreed to by the Franchisee;.and Customer that provides safe and efficient access for the Collection crew and:;; vehicle. If a Customer is physically unable to deliver their Residential Solid Waste of Recyclable Materials to the Curbside Collection Point, or the Residential UNt:is not readily accessible to the Collection crew or vehicle, an alternative location shall be d signa #ed by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash, except palm fronds, must be bundled, bagged in a biodegradable bag, or containerized by Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four (4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the sections of the tree are not more than eight (8) feet in length or more than fifty (50) 10 56 of 77 pounds. The Franchisee shall not co- mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.5.2. Bulk Trash Obligations. Bulk trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system, or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance..to the Customer and the public. The Franchisee shall empty all the garbage placed m the Standard Issued Container and then the Franchisee shall return the container to th,e.same location where. it was placed by the Customer or the Curbside Collection Point.,.,. 'The Franchisee shalt_ tso collect any garbage that may be placed next to the container from time;to time. The Franchisee shall reserve the right to refuse collection service, if n, the Franchisee's determination that a collection point is being used by more than one SulaSCii6er or non - subscribers) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective by the City, the Franchisee shall replace the Container at no additional cost to the customer. 8.7. Routes and Sch in a format acceptab map of each route Trash, and Yard Tray shall keep route mar, strictly follow the sch, shall provide, Ubdatec (3) calendar days affiE 8.7.1 Changes to Si for its Collection serve written authorization. unreasonably Withheld schedules that alters 1 ........::..... expense, notify each Contract Manager not` lutes. On or before March 31 ofi�each :year, the Franchisee shall, to the Contract Manager, provide the Contract Manager with a id the scheduled days for Collection of Garbage, Trash, Bulk in the Residential Solid:;Waste Franchise Area. The Franchisee schedules, artd Customer counts current at all times and shall f�rles and routes flied with the Contract Manger. The Franchisee naps and schedules to the Contract Manager no later than three anv change. hedules. The Franchisee shall not change the scheduled days ces. until the Franchisee receives the Contract Manager's prior The Contract Manager's approval of such changes shall not be In the event that the Contract Manager authorizes a change in he Collection day for any Customer, the Franchisee shall, at its ofifected Customer by mail or other manner approved by the less than one (1) week prior to the change. Article 9. Residential Rates and Billing 9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by Franchisee shall be $11.18 per month. The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Service and it includes all franchise fees, collection costs, disposal costs and other fees and expenses. Notwithstanding the 11 57 of 77 foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. 9.1. Residential Solid Waste Collection Service Billing. Billing for Residential Solid Waste Collection Service shall be the sole responsibility of the Franchisee. within �d at iy be ercial of a ntract if the mt to e the rs for at are :h the d the nager gated all be Haste roject )tacle )ebris Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. Adjacent Areas. Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property as a result of construction, demolition, or renovation activities shall be removed by the Person responsible for the 12 58 of 77 construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier if the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates — General. The Commercial Collection Service rates set forth in this Agreement are maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement. 11.1. Rates. All Customers receiving Commercial Collection Service and Construction and Demolition Debris Service will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee as'follows: 11.1.1. Commercial Container Rate per cubic"'. yard per. pick` up - $3.445. Extra pick -up shall be charged at the rate of $ -._. Cubic yard rat e;for compactor container service shall be $_._ per month. 11.1.2. Commercial Container or Gar,:bage ;Receptacle` monthly rental maintenance fee -$16.48. 11.1.3 Roll -Off Charges Rer Pu l.:. -Open Top Type: $192.73 per, pull (minimum one pull per month unless container is rented) Container rental fee - $ 11.2. Other Charges The ra #es forCommercial Collection Service and Construction and Demolitib Debris Collection Service do not include disposal fees, maintenance fees, franchise fees. and' other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and itemized. 11.3. Bl^ ling. Billing for' ,Commercial Collection Service, and for Construction and Demolition Debris Service'shall be the sole responsibility of the Franchisee. Article 12. Adiustments:to Rates 12.0. CPI Changes", in Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for all urban consumers for the Southeastern US, all items, 1982 -84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ( "CPI "). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2014, and on each October1 thereafter, the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase or decrease shall 13 59 of 77 exceed percent (3 %) per annum. The Franchisee shall notify the City in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. 12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, conditions or obligations under this Agreement. ;;;�N6thing contained in this Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in aaw. 12.2. Limitation on Rate Changes. The Franchisee for any reason other than those expressly specified the foregoing, in the event that a federal, state ai 1c tax after the date of this Agreement;.;ahat applies f such fee, charge or tax shall be treated as ;a change as a separate billed item after notice and cafrmatio 12.3. Rate Adiustment charges established and, apprc set forth in section 12:0 of tl writing, setting forththe sched justification for the request. A, for a public hearing shall: be:' presentation to ..the;..Council T as deterrhined by th.e Council adjustment in charges is nec herern.and set forth in Franchi: Article 13 ;General Obligal shall not be allowed 'a,rate increase in tbis:Agreement. Notwithstanding ccalntity imposes a fee, charge or o Franchisee's operations per se, in ;law and shall be passed through n by the, City. -e. Should the F' ranghsee seek an adjustment of any d by the Council, other than the CPI Changes in Rates Agreement; then Franchisee shall notify the City in it-,of rates and, charges which it proposes and a written blic.hearing shall be held on the request. The request mitted to the City with supporting data for review and hearing may thereafter be continued from time to time The Council shall make a determination whether the sary and justified under the circumstances provided �'s justification for rate adjustment. Of Franchisee 13.0. Prohibitions:; >on Biological, Biomedical, and Hazardous Waste. The Franchisee shall not Collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not= "'deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not Collect any Solid Waste that the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such material to the Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the 14 60 of 77 Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County Landfill. 13.1. Spillage. The Franchisee shall not litter, and shall not spill Solid Waste or Recyclable Materials, anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or enclosed so that leafing, spilling and blowing of such material is prevented. In the event that any material or. liquid spills, blows or leaks from the Franchisee's vehicle, the Franchisee shall immedF, ly clean up the spillage, leakage and litter at no cost to the City or the Customer If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of any cleanup, iemediation or damages shall be the sole responsibility of the Franchisee. 13.2. Financial Reports. Franchisee shall provide to the City annually' a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this Agreement Tho,.,report must include the opinion of a Certified Public Accountant, wha"11hias conducted an audit of the Franchisee's books and records in accordance with generally accepted . accountiing standards which include tests and other necessary procedures, that: the . nc�al statements are fairly presented in all material aspects and '.in conformity wi #h: generally accepted accounting procedures. The report also must. >ano'ude the" ,,:Certified P' Wic Accountant's opinion that the Franchisee has properly calculated and fully,' .1 the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement The annual audit shall be delivered to the City within one hundred and twenty days after the'end of the Franchisee's fiscal year. The City may:walye the.requifement of an audited financial statement upon good cause. 13.3 Customer Comolaints if the City receives a complaint regarding the Franchisee's service ;under this Agreement,`'tte, complaint shall be immediately forwarded to the Franchisee:. by telephone,;; a -mail or facsimile. The Franchisee shall respond to the complaint within twenty -four: hours after the Franchisee receives the complaint. When the complaint is,;received after twelve o'clock noon on a Saturday or on a day preceding an approved Holiday the :Franchisee shall respond to the complaint no later than the next day that is not-,.,.,a 'holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty -four hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, when the Franchisee responded to the complaint, and when the complaint was resolved. The Franchisee's records and forms shall be kept up to date and shall be 15 61 of 77 maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at the Franchisee's office and shall be available for inspection by the Contract Manager during normal business hours. 13.3.2. Notice of Certain Types of Complaints. The Franchisee shall immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with,, a written report about any such matters within three calendar (3) days after the Franchisee receives the complaint. 13.4. Customer Noncompliance. If the Franchisee a Customer because the Customer failed prope for Collection, the Franchisee shall provide, explaining why the Solid Waste was not Colled properly prepare or place the Solid Waste for Ct may consist of the Franchisee's Collection crev Garbage Receptacle or Solid Waste in question. 13.5. Community Cleanups. The, cleanups within the Residential Sol times and locations of the comrr Manager after coordinatin, ,with appropriate containers during each sponsor. During the community cl Trash, Yard Trash, and Bulk Trash the County Landfill ferdisposal at nc prepare �d and what the Cu- Ilection. The Franch Solid Waste from the Solid Waste o the Customer turner must do to notice iitial notice tag on the ranchsee shall pe.rForm at least two community Waste Franchise Area each calendar year. The nity_ cleanup shall be selected by the Contract ie Franchlsee The `Franchisee shall provide omm'Wity` cleanup at'no cost to the City or to the anup, 'khe Franchisee shall Collect only Garbage, The Franchisee shall transport these materials to ost to the;,Franchisee. 13.5.1. Special...Event ;Cleanups. In `addition to the Community Cleanups, the Franchisee shall pei`Form one;,, annual collection event for electrics, paper and white goods. 'The time and hacation of, the Special Event Cleanups shall be selected by the Contract:Manager and coordinated with the Franchisee. 13.6. Cofledtion for City Facilities. Franchisee shall provide collection services at City facilities at nay ,charge, i6bluding special service for the four major City- sponsored festivals held annivally of Riverview Park. 13.6.1. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. 13.7. Uncontrollable Forces. Neither the County nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this Agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non - performing party could not avoid by the 16 62 of 77 exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, or remediable and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement, and the expected time when performance in compliance with this Agreement will resume. 13.8. Contract Changes for Public Welfare. The City shallhave the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee,reasonable notice of any proposed change and an opportunity to be heard concernin. the proposed change., The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.9. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(s) where service inquiries and complaints can be receivedby the Fraraehisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except hofidays The Franchisee shall use either a telephone answering service or answering machine ;:to receive service inquiries and complaints during those times ;when the office is closed` The Franchisee also shall develop a system, spubject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for ::;communicating with the City regarding emergency matters <: 13.10. Vehicles, :grid Equipment. At alf times the Franchisee shall have a sufficient number, o trucks, C.ommerc�al., Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under #his Agreement The Franchisee shall also have available reserve vehicles and equip me can be put: into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchise'*"";,. ranchisee in the performance of this Agreement shall be clearly identified with the Franchisee's name, local phone number, truck number, and tare weight. Letters and number shall be at least four (4) inches high. 13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the trucks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the 17 63 of 77 City for 30 days or less; or (b) bona fide demonstration trucks and other Collection equipment. 13.10.2. Condition of Equipment. At initiation of the Franchise Agreement, all collection equipment shall be in good working order. The City reserves the right to inspect all equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back;in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Matenls, oil, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicle.$_:> shall not emit visible air emissions during normal operation. The Franchisee 's.vehicles. shall be in compliance with all Applicable Laws, including, without limitation, laws concerning noise, air pollution, and traffic safety. Should the City determine that the Franchisee's equipment does not meet the City's operational and safety standards, the Franchisee shall immediately replace such equipment. At nc► fij ie during the course of ` 164,Agreement shall the Franchisee's equipment become older than twelve (12) years. 13.10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shall service the City with an all compressed natural gas egu. pment fleet. 13.10.4. Equipment Required on Vehicles. All coilection vehicles shall carry a broom, a shovel, a fire extinguisher, absorbent materials and o her..equipment necessary to clean up any spilled materials :, 13.10.5. lnspection �,& Vehicles and Equip'rrtent. The Contract Manager may inspect the operations, vehicles, and et�u0 ment of Franchisee at any reasonable time upon giving of reasonable nofiice ancii the :Franchisee shall allow the Contract Manager to make suc „h "nspectipns 13.11 Franchisee's Operations < Manager. The Franchisee shall assign a qualified person or persons to be in chat :','.,of th& Franchisee's operations within the City. Within three (3) days after the City signs #his Agreement, the Franchisee shall provide the Contract Manager With; a written ;list containing the names and telephone numbers of the Franchisee's operations manager and other key personnel, and the telephone numbers that are to be usecl:;to contact the Franchisee in the event of an emergency. 13.12. Personnel. "All of the Franchisee's employees shall be properly trained and qualified to perform the tasks assigned to them. The Franchisee shall provide routine training in operating and safety procedures for all of the Franchisee's employees that are directly involved in the Collection or processing of Solid Waste or Recyclable Materials in the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. The Franchisee's employees shall wear a uniform, shirt, or vest bearing the Contractor's name whenever they are Collecting or transporting Solid Waste or Recyclable Materials in the City. The Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials. 18 64 of 77 13.12.1. Polite and Courteous Behavior. The Franchisee's employees shall treat all Customers in a polite and courteous manner. All personnel of Franchisee shall refrain from belligerent behavior and profanity. Franchisee's personnel shall not request tips or payment of any kind from Customers. The Franchisee shall promptly take appropriate action to correct any such behavior or language. 13.13. Employee Wages and Benefits. The Franchisee shall comply with all Applicable Laws relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. 13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and all permits and licenses required by Applicable Law rn;connection with1his Agreement and Franchisee shall maintain the same in full force,;nd effect throughout the term of this Agreement. Any revocation of the Franchisee's ,licenses or permits shall.;be reported to the City within three (3) calendar days. 13.15. Public Entity Crimes. No Franchisee may be ,a person or affiliate identified on the Florida Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified:; from the public contracting and purchasing process because they have been found guilty of a public entity crime. The Franchisee is required to comply with Florida Statutes:Section 287.133, as amended, or its successor. The Franchisee shall notify the Contract Manager within three (3) days if the Franchisee is found guilty of public entity came or placed "ori'the convicted vendor list. 13.16. Non - Discrimination. The,:, F ranch isee,; >n performing under this Agreement, shall not discriminate against, any worker- employee, or applicant or any member of the public because of race, creed, religron., color, sex, ;age, :marital status, disability, or national origin, or otherwise commit an unfair unemployment :;practice on such basis. 13.17 Natural Disasters and ' O.ther Emer ency Conditions - Variances from Normal Services.. In the event of a natural: disaster or other emergency, the Contract Manager may gra►t .a variance fro;the normal requirements of this Agreement. Among other things, the Contract Manager may allow the Franchisee to use other routes, schedules, and disposal sites during the time period in which an Uncontrollable Force prevents the Franchisee from complying with the normal requirements in this Agreement. In such circumstances, the City shall ask the local media to inform the public about the changes in the Franchisee's 'services As soon as practicable after such natural disaster or Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the Franchisee shall make the City a priority. 13.17.1. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is 19 65 of 77 obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. 13.17.2. Rapid Recovery from Disaster. The clean -up from some natural disasters may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written authorization and approval from the Contract; Manager prior to the work being performed. All such costs may be audited by the City prior<to payment. 13.18. Disaster Response Plan. The Franchisee a disaster preparedness and response plan by M include provisions for additional personnel anc reasonable, verifiable basis for any charges. > In .the a natural disaster is compensable by the Federal Er other local, state, or federal agency, any compensc to such agency's prior approval The Franch Emergency Management Agency documentation 5hal[ develop and; :,provide to the City rch 31 of each year.. This plan shall equipment and skull establish a event that excess work resulting from necessary documentation for submission:: of,, cost Franchisee shall be required to submit its Federal, documentation of costs as,:,a condition of payrnf equipment pursuant to thin section. ncy Management Agency, or any ? the Franchisee shall be subject shall be familiar with Federal Jrements and shall provide the eirnbursement requests. The mergency Management Agency for``additional personnel and 13.19. Insurance. 13.19.1. Workers' Compensation insurance: Workers' Compensation coverage must be maintained m accordance uvth statutory requirements as well as Employer's Liability Coverage In:.an amount not 5s than $100,000.00 per each accident, $100,000.00 by disease and $500,00&V by disease. 13.19 2 Liability Insurance. The-F r anchisee shall, during the term of this Agreement, maintain in ,full force and : effect commercial general liability insurance and automobile liability insurance, which .specifically covers all exposures incident to the Franchisee's operations under this Agreement. Such insurance shall be with a company authorized to do business in the ;State of Florida and which possesses a minimum, current rating of B+ Class VIII in "Best's Key Rating Guide." Each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without limitation, death, and property damage liability and the general liability shall include but not be limited to coverage for Premises /Operations, Products /Completed Operations, Contractual, to support the Franchisee's Agreement or indemnity and Fire Legal Liability. In addition to the above liability limits, the Franchisee shall maintain a $5,000,000.00 umbrella and /or excess liability coverage. Liability policy(ies) shall be endorsed to show the City as an additional named insured as its interests may appear, and shall also provide that insurance shall not be canceled, limited, or non - renewed until after thirty (30) days 20 66 of 77 written notice has been given to the City. Franchisee shall provide the City with copies of current certificates of all required insurance concurrently with execution of this Agreement by Franchisee. Franchisee expressly understands and agrees that any insurance protection furnished by Franchisee shall in no way limit its liability to the City or its responsibility to indemnify and save harmless City and the officials, officers, and employees of the City under the provisions of this Agreement. 13.20. Indemnification. The Franchisee agrees to hold the City and the officials, officers, and employees of the City harmless from any ;a'nd all liabilities, losses, penalties, costs or damages the City, its officials, officers, and employees may suffer as a result of any claims, demands, suits, or judgments against the City, its officials, officers, and employees arising out of or in any way related to the acts or omissions of the Franchisee or its employees under this Agreement. The Franchisee shall not be required to indemnify or hold the City harmless;:for any act or omission caused by the sole negligence or willful misconduct of the Cit y or its officials, officers; -or employees. This indemnification and hold harmless agreement shall, the termination or expiration of this Agreement. 13.21. Damage. The Franchisee including, subcontractors, shall perform all servaces un to avoid damage to public and pnvatd, prop such damage in conjunction with its in's ' ,rani 13.22. Compressed Natural Gas Fueling c and maintain a full -se" compressed n4 the City of Sebastian;; Florida if th' "'Jollowing A. Franc n in« >Indian River he thout Imitation, its agents, employees and r this Agreement in such a manner so as (;,,and shall promptly repair or pay for any adid'stment procedures. 4tion. Franchise shall construct, operate ral gas fueling station in the City limits of onditions are met: a,, continuing franchise for solid waste during the term of this Agreement or any B. Franchisee :and City shall negotiate in good faith to locate or provide City property for sfiation location; C Natural gas .infrastructure is reasonably extended to the potential fueling station site, and, D. Franchisee agrees to design fueling station according to City land development regulations Article 14. Administrative Charges to Franchisee for Failure to Perform 14.0. Failure to Pay Franchise Fee. Franchise fee payments received after the fifteenth (15th) day of the month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date 21 67 of 77 shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to applicable terms of this Agreement. Customer service Complaints shall not include Customer informational requests or Recycng Container requests. Customer service complaints may include, but are not limited >to the following: .1 Commingling Solid Waste with Yard Trash .2 Throwing of Garbage Receptacles .3. Failure to collect Solid Waste on schedule .4 Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints,, rece'��ed from Residential Solid Waste Collection Service customers exceed..any of the following percentage(s): 14.2. 14.3. 14.4. Changing Scheduled,:., Collection Days without Approval. Changing scheduled Collection days;;; without .i.proval will result in a $2000.00 administrative charge per incident. 14.5. Failure to Clean "Up Spillage. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative charge per day, per incident. 14.6. Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90 %) complete and is thereafter completed within five (5) hours. 22 68 of 77 14.7. Other Performance Standards and Administrative Charges. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation: .1. Failure to provide clean, safe, sanitary Collection equipment .2. Failure to maintain office hours as required .3. Operator not licensed .4. Collection Vehicle not licensed .5. Failure to provide documents and reports in a timely:and accurate manner .6. Failure to cover materials on Collection vehicle. '" .7 Collection vehicles left standing on street unnecessarily .8. Collection employees out of uniform .9. Not providing schedule and route maps, .10. Speeding, upon conviction .11. Failure to Collect Solid Waste or Commercia[ :,Said Waste for a' ny Customer who has been missed more than three limes per`calendar year .12. Failure to respond to Customer calls in a timely and appropriate manner 14.9. City Repair of Damage. In the event the Franchisee fail to repair damages caused by Franchisee pursuant to this Agreement, the Gdhftc -t .Manager may arrange for the repairs and impose an Wmitlistrative charge to`the Franchisee for the cost of the repairs and any applicable administrative expenses 14.10. Payment of Administrative Charges by Franchisee. The Contract Manager shall notify the Franchisee 1, m uvriting .of the:City's:mte'nt to assess any administrative charges provided,;,under this Agreement. The Contract Manager shall provide to Contractor an item ized;wriften Irst of;each instance in which Franchisee failed to meet the performance standards specifiedm this Agreement, including the nature of the failure, date, time, location,,and any other a- ailabee and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10th) calendar day of each month. The Franchisee; hall have fwo (2) weeks following receipt of such list to pay the entire amount of the' Administrative Charges or to contest same as set forth herein. In the event the Franchisee: wishes to contest such assessment it shall, within ten (10) calendar days after receiving`such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. 23 69 of 77 Article 15. Default 15.0. Causes of Default . The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: 1. Filing of Insolvency or Bankruptcy. Franchisee shall take the;- benefit of any present or future insolvency statute, or shall make a general assignment;fo '',the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re- adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all.or substantialy;,,all of its property; .2. Declaration of Bankruptcy. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made; approving a petition filed,:,,' by, any of its creditors or by any of the stockholders of the Franchisee,, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (6.Q), days after; the entry thereof, any notice of cancellation shall be and become null, void, and ;of no eff ect,;.unless such stayed judgment or order is reinstated in which case, said.default shell,be deemed immediate; .3. Control by Receiver Trustee;;or Liquidator, 'By or pursuant to or under authority of any legislative act, resolution or rule Qr any order or decree of any Court or governmental board, agency or officer having; jurisdiction"., receiver, trustee or liquidator shall take possession or control of all or substantially all of. Ihe property of the Franchisee, and such possession or control shall continue rn :effect for a period of sixty days; or .4. Failre'to Perform Serviies under Agreement. The Franchisee has defaulted, by failing, or refusing to perform or: ;observe the terms, conditions or covenants in this Agreement or has wrongfully faded, or refused to comply with the instructions of the Contract Manager relative hereto, Whether such default is considered minor or major, and such default is, not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). Failure to make timely payment of the Franchise Fee shall not be considered a curable default. .5. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated 24 70 of 77 from outside the Residential Solid Waste Franchise Area from non - Customers without the prior written approval of the Contract Manager. 15.1. Interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2. Habitual Violator. Notwithstanding tr additional means of termination of this Agreen Franchisee's record of performance shows <tha repetitively defaulted in the performance of any herein to be kept and performed by Franchisee, regardless of whether Franchisee has::correcte( be deemed a "habitual violator," shill „farfeit,the to correct or cure future defaults, and,`all of suc and, collectively, shall constitute a condition thereupon issue a final warnina letter to :Franck and circumstances single default by termination of this;),, terminate this Agri termination to be e due under this Agri date, anOFranchis receipt of such final 'r under:this Agreement. foregoing and as supplemental and enf under this section, to :;;.the event that Franchisee. has frequently, ,regularly or of the covenants and conditions required m;ahe reasonable opinion of the City and each individual default, Franchisee shall right toany further notice or grace period i defaults :shall be considered cumulative f"';irredeemable default. The City shall see, setrng forth in detail all of the facts in of "habitual violator.” Thereafter, any isee '+f: whatever nature shall be grounds for immediate :nt. In the event of. any such subsequent default, the City may upon:; the.. giving of written final notice to Franchisee, such on the date.aet :forth in the final notice, and all contractual fees plus any and all charges and interest shall be payable to such have., no further rights under this Agreement. Immediately upon Franchisee shall proceed to cease any further performance 15.3. Date .f Agreement Termination for Default. Except as otherwise provided in this section, term�ne #ion shall #fie' effective upon the date specified in City's written notice to Franchisee and upon such`date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the "City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service. Article 16. General Provisions 16.0. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Franchisee shall survive the termination or expiration of this Agreement. 25 71 of 77 16.1. Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.2. Remedies. No remedy herein conferred upon any part, exclusive of any other remedy and each and every such remedy;; and shall be in addition to every such remedy given under ths'A hereafter existing at law or in equity or by statute or otherwise. exercise by any party or any right, power, or remedy;' .under tk preclude any other or further exercise thereof..:,:". If any leg proceeding is brought for the enforcement of-; :,.this'' 'Agreement is intended to be shall be cumulative 3reement or now or No single or partial is Agreement shall alleged dispute, breach, default, or misrepr:.esentation in con provisions of this Agreement, each party shalt bear its own.;costs. or other se of an with any 16.3. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action n( will be held in Indian River County and the;; laws of Florida. The parties hereto express relating to this Agreement. 16.4. Severability. The..invaltdity, illegalit Agreement, or the occurrence of >any evE Agreement void, sha11 in no way.:: affect the provision of the Agreement Any. void F Agreement and the balance of,ahe Agreerr Agreement didnot >;cor further agree to refor provision' that comes provisions of this Secti provision.;: which is of determined to.... be void. 16.5. particular nary to interpret or enforce the Agreement cement will.,be interpreted according to the awe all right #p trial by jury of any dispute ).r unenforceability of any provision of this rendering any portion or provision of this Jity or enforceability of any other portion or ision shall be deemed severed from the shall be construed and enforced as if the n or provision held to be void. The parties e Agreement to replace any stricken provision with a valid lose as, possible to the intent of the stricken provision. The call not prevent the entire Agreement from being void should a ..essence of the Agreement, at the option of the City, be 16.5.1 Assignment `o 'Entire Agreement. No assignment of this Agreement or any right occurring under this Agreement shall be made in whole by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the Franchisee. Upon the date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this 26 72 of 77 Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under this Agreement. 16.5.2. [Left Intentionally Blank] 16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, 11 matters, whether oral or written, relating to such matters and.ths Agreement shall not be considered modified, altered, changed, or amended in any respect, unless in writing and signed by the parties hereto. Such modification shall., be in the form of an Amendment executed by both parties. 16.7. Independence of Parties. It is understood and ,agreed that �nathing herein contained is intended or should be construed as in;any w,ay establishing the relationship of co- partners or joint venturers between the parties hereto,: or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 16.8. Resolution of Disputes. Except as specrfically ,:provided herein, any and all disputes or disagreemen #s ansang out of this Agreement shall be subject to the decision of the Contract Manager, with righ# of the Franchisee to appeal to first the City Manager, and thereafter to the` "Council, whose decision. shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nafiore of the dtspufie, .unless the City specifically notifies the Franchisee otherwise. 16.9 Representations:of the Franchisee. The Franchisee represents that: (a) it is a corpor tion duly organized under I e laws of the State of Florida; (b) this Agreement has been;: duly authorized executed. and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed >Consent The Franchisee agrees that the terms of this Agreement have been comple#ely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter" of the document. 16.11. Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager, each of whom shall be designated and 27 73 of 77 identified to the other party, in writing, upon execution of this Agreement. Any notice, demand, communication, or request required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attention: City Manager Copy to: City Attorney As to the Franchisee: Waste ManagementInc. of Florida c/o Harris Sanitation 7382 Talona Drive West Melbourne, Florida 3-904 Attention,-.. . District Manatier Copy To: da 33073 Notices shall be effective when , received at the' address as specified above. Changes in the respective address to which''such :notice; is Ito be directed may be made from time to time by .W1. fi... t.t..6....n notice ,Facsimile transmission is acceptable notice effective when received,:provided, however, that facsimile transmissions received (i.e.; printed) after 4:30 p.m car .on weekends or> holidaM. will be deemed received on the next day that is not a weekend;.,day or a holiday :The ormioal of the notice must additionally be mailed. 16.12. Counterparts. Thi's Agreement may be executed in one or more counterparts, each of whichshall be d>Ymed to be an original copy and all of which shall constitute but one and the sane instrument. 16.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. 28 74 of 77 Attest: CITY OF SEBASTIAN By_ Date: FRANCH and Title: Witness Signature: Print Name: (AFFIX,CORPORATE SEAL) Witness Signature: Print Name: The foregoing 'g' instrument: >Was acknowledged before me this day of , 2002 b as of WASTE MANAGEMENT INC OF <FLORIDA., a Florida corporation, on behalf of same. He /she is persona11 '' "' ,known to rye or has produced as identification (NOTARY SEAL) NOTARY SIGNATURE: PRINTED NOTARY SIGNATURE Notary Public, State of Commission Number: My Commission Expires: 29 75 of 77 DATE: May 22, 2013 TO: FROM: on / 54 - / 3.09k • Honorable Mayor Bob McPartlan & Members of the Sebastian City Council Robert A. Ginsburg, City Attorney Claims Against the City of Sebastian In my capacity as City Attorney, the following is an update on recent cases and other potential claims against the City as of May 1, 2013. Claims Claimant Incident Date Claim Filed John Evans Slip and fall at City's Golf Course. 11/06/2009 Helen Hyde Fell when crossing street. 03/27/2010 Ann Marwick Tripped on curb. 07/14/2010 Mary E. Mills Fell on uneven sidewalk on Barber Street at Salem Ave. 04/28/2011 Shane Onderlinede Motor vehicle accident. 09/30/2011 Keith A. Grainger Harassment. 02/06/2012 Fisherman's Landing Restaurant LLC Negligence. 01/13/2012 Lisa Tafuri Crashed into police car. 07/03/2012 Michael Morrison Damage to vehicle at July 4"' event. 07/10/2012 Lamar Day Loss of services. 08/01/2012 Trudi Case Vehicle accident. 08/07/2012 Dina M. DeGroat Police Brutality. 08/14/2012 76 of 77 Outside Counsel Additionally, there are matters for which I am not attorney of record that are being handled through special counsel retained by our insurers. These cases and the lead counsel are: Plaintiff Incident Status Counsel Michelle Day v. City of Sebastian Motor vehicle accident. Case Pending Morris, Dean, Ringers, Morgan, Lawton Fall on Case Pending Morris, Dean, Ringers, Edward T. Clarke v. City of sidewalk. Morgan, Lawton Sebastian Ketcham, Kelly, Carroll, William, Motor Vehicle Case Pending Morris, Dean, Ringers, McNair, Angela & Sparling, Dawn Accident. Morgan, Lawton v. City of Sebastian The City is also a parry to several foreclosure and bankruptcy cases as a result of filed municipal liens. 77 of 77