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HomeMy WebLinkAbout06122013 Agenda Packetp �CA�C�T���j SE_y° - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL *REVISED AGENDA REGULAR MEETING WEDNESDAY, JUNE 12, 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 1. CALL TO ORDER 2. INVOCATION — Father John Morrissey, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE — Led by Council Member Andrea Coy 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. 13.087 A. Certificate of Appreciation to Scott Simpson - Parks and Recreation Advisory Committee 13.091 B. Appreciation Award from Dave Wortmann, North County Veterans Advisory Group for Memorial Brick Walkway Program C. Brief Announcements 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. 5 -13 A. Approval of Minutes — May 22, 2013 Regular Meeting 13.092 B. Prior Approval for Any Member of City Council to Attend Florida League of Cities 14 Annual Conference at World Center Marriott Orlando — August 15 -17, 2013 (City Clerk Transmittal) 13.093 C. Approved Expenditure of Police Department Forfeiture Funds in the Amount of 15 -21 $1219.00 to Creative Product Sourcing, Inc. and $500.00 to Treasure Coast Crime Stoppers (PD Transmittal, DARE Invoice, Memo and Letters of Support) 1 of 68 13.094 D. Resolution No. R -13 -12 — Amending R -01 -38 Which Changed the Name of CR512 22 -27 from Fellsmere Road to Sebastian Boulevard to Include Newly Annexed Area (Community Development Transmittal, R- 13 -12, R- 01 -83) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME FOR COUNTY ROAD 512 WITHIN THE CITY LIMITS TO SEBASTIAN BOULEVARD; PROVIDING FOR RETROACTIVE AND PROSPECTIVE EFFECT; 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. 9. PUBLIC HEARINGS (As provided in Resolution No. R- 12 -01) Mayor opens hearing City Attorney reads title Staff presentation, comments, and preliminary recommendation Applicant presentation, if necessary Public input City Staff final comments and recommendation Mayor closes hearing unless hearing continuation granted by the affirmative vote of three Council Members Council deliberation and action 13.015 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -13 -03 — 28 -61 Solid Waste Collection Franchise Agreement (City Manager Transmittal City Manager Transmittal, Revised 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, INC. OF FLORIDA; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. (is' Reading, 5/22/13, PJ Ad 5/29/13) 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS 13.095 A. Consider Open Burn Request from Jane Schnee (City Manager Transmittal) 62 -65 *13.097 B. Impact Fees (Requested at 5 -22 -13 Meeting by Vice Mayor Wright) 13. CITY ATTORNEY MATTERS 13.088 A. Litigation Update (City Attorney Memo) 66 -67 14, CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS 13.096 A. Charter Officer Evaluations (Clerk Transmittal) 68 B. Vice Mayor Wright C. Council Member Adams D. Council Member Coy E. Council Member Hill F. Mayor McPartlan 2 of 68 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 Meeting Dates: 6126113 Regular City Council Meeting 6:30 pm 7110113 Regular City Council Meeting 6:30 pm 7124113 Regular City Council Meeting 6 :30 pm 8119113 Special Meeting/Workshop on Budget 6 pm 8114113 Regular City Council Meeting 6:30 pm 8128113 Regular City Council Meeting 6:30 pm 9111113 Regular City Council Meeting 6:30 pm 9116113 Special City Council Meeting — 15f FY 14 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 Regular City Council Meeting Subject to Cancellation or Reschedule 12/11/13 Regular City Council Meeting 6:30 pm 12125113 Regular City Council Meeting Subject to Cancellation or Reschedule 3 of 68 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. 4 of 68 Item 7A arrcf 5E�_ I HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 22, 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 Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Jerome Adams. 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 Administrative Services Director, Debra Krueger Police Chief, Michelle Morris Deputy Police Chief, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Attorney requested withdrawal of his litigation update for additions and corrections until the next meeting on June 12, 2013. Vice Mayor Wright requested to pull Consent Agenda item 7B for discussion. Mayor McPartlan requested addition of proclamations for Civility Month and Memorial Day and there was no objection. MOTION by Ms. Coy and SECOND by Mr. Adams to approve the modifications passed on a voice vote of 5 -0. 5 of 68 Regular City Council Meeting May 22, 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. 13.083 A. Employee of the 1St Quarter - Benjamin Allison - Crime Scene Evidence 5 Technician Mayor McPartlan read Mr. Allison's bio, presented him with a plaque and commended him. Mr. Allison said he was thankful to be working for the Police Department and said it was like a family. 13.084 B. Proclamation - Savannah Dutoi, Parks Department Gymnastics Assistant - 6 Commendation for First Aid Effort Mayor McPartlan read and presented the proclamation to Savannah Dutoi and commended her for her efforts. Ms. Dutoi said she was thankful for her lifesaving training which she had recently received. 13.085 C. Proclamation - XF 500 /Mother Ocean - Justin Riney - Stand Up Paddle Around 7 State of Florida & Welcome to Sebastian Mayor McPartlan read the proclamation and Kristen Beck of Florida Outdoor Adventures gave an update on festivities planned for June 5th at Riverview Park to welcome Justin Riney, including a lagoon cleanup starting at 2 pm. She invited families and local youth to get involved. 13.089 D. Proclamation - Civility Month - May Mayor McPartlan read and presented the proclamation to City Attorney Robert Ginsburg, who commended the City Council for their civil demeanor in troubling times. 13090 E. Proclamation - Memorial Dav 2013 Mayor McPartlan read and presented the proclamation to Council Member Coy who invited everyone to come out to the Memorial Day observance in Riverview Park on Monday, May 27, 2013. 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 — 2 -6:30 pm Mayor McPartlan once again announced the Memorial Day Service. Vice Mayor Wright announced the Exchange Club 20th Anniversary Blue Water Open on June 1, the pre -party on May 31, and awards presentation on June 2. He said all proceeds are donated to programs for prevention of child abuse. 2 6 of 68 Regular City Council Meeting May 22, 2013 Page Three Ms. Coy spoke on the Oklahoma tornado and urged folks to donate through organizations such as Salvation Army - online at www.salvationarmVusa.org - or text STORM to 80888, noting that monetary donations are most critical now. 13.086 E. Employee Health Insurance Update - Gehring Group Christian Bergstrom, Gehring Group, gave a Power Point presentation on the proposed employee heath insurance plan (see attached). There were no comments or questions from Council. 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-1 3-04 - Requesting Support of MPO to Reduce US 1 Speed 20-23 Limit (City Manager Transmittal, R-1 3-04, 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. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve item A of the consent agenda. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5-0 Item B - R-1 3-04 Mr. Wright said he removed the item to make a comment and to let a citizen give input. He asked if this was brought to the MPO, and Ms. Coy responded that MPO had their meeting the same day Council last discussed this item, and they will not meet again until July. John Tenerowicz, South Wimbrow, as representative of the Parks and Recreation Committee, said the committee was working on a greenways map and slowing the speed on US 1 would be helpful. MOTION by Mr. Wright and SECOND by Mr. Hill to adopt Resolution No. R-13-04. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 3 7 of 68 Regular City Council Meeting May 22, 2013 Page Four 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nomina tions 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 Mr. Adams nominated Greg Paschall and Mr. Wright agreed with the nomination. Lawanna Perry asked to speak to express her continued interest, and said it seemed they had decided. Mayor McPartlan said the City always needs its citizens to come forward and encouraged her to continue to apply. Norman Meyer said he would like to keep his hat in the ring but due to family commitments he would probably have to miss the first three meetings of Parks and Recreation and withdrew his application for now. Greg Paschall thanked Council for the opportunity, said he has two young sons and they have been to every City park, he would do his best to talk to people in the community and bring their concerns to the committee and had spoken to former Chair Scott Simpson on some issues. Ms. Coy said to Ms. Perry that she should not take this personally, that Council had three highly motivated and qualified individuals and suggested she attend the meetings and get a leg up for the next opening. Mr. Adams said he did not mean to offend Ms. Perry because he knows how hard she works at Little League and her work is greatly appreciated. Mr. Paschall was appointed to the Regular Member position by virtue of the only nomination. 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-1 3 10 and Authorize Staff to Close on Purchase Within Provisions of Sales Contract (City Manaaer Transmittal, R-1 3 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. The City Manager explained how the 1.4 acre property was brought to the City's attention by John King, that he had worked quickly to secure it at a cost of $300K, after the last meeting staff had looked at about five issues to bring to Council's attention, and ultimately he would ask for Council's authorization to complete the sale and purchase. 4 8 of 68 Regular City Council Meeting May 22, 2013 Page Five He reviewed how the cemetery is managed, the Clerk takes care of sales and records, and he is in charge of operations, maintenance and personnel, that there are approximately 1000 lots remaining in the cemetery, and likely has a life of about 17.2 years. He said Council needs to decide if it wants to close cemetery services at build out and just maintain, or continue offering municipal cemetery services, however, it would be staff's recommendation to expand cemetery services, due to availability of funds, population growth, the good price for the property below assessed value, and indications that we are leaving the bottom for property prices and if we wait the cost will be higher, and the property may be bought out from us. He said staff crunched numbers to consider the purchase and looked at two extreme case scenarios, 1) since the property is on a hill, 2/3 of the property would be unusable for lots, if we just use the flat areas we could get about 760 lots from the 1.4 acres, and with City resident rates of $1000 for a full lot would get us $760,000 in revenue; and 2) there is another large investment possible, that being creating cemetery lots, niches and a mausoleum, which could bring in significant revenues up to $4000 to $7500 per space. He described the opportunity to build a mausoleum into the hill with space for lots above and with niche and lot sales for a potential of $2.5 million in revenue. He said this purchase is safe financially, and there is potential to return our investment and is a competitive price. He then discussed the ridge and the possibility of digging out the sand and selling it which could bring a significant profit, which would open lot space to about 800. He said the property would have to be annexed and rezoned to public service, and a dilapidated structure would have to be removed. He said the code provides for a cemetery trust fund which is just about $975K and it is divided into a spendable trust which is used for capital improvements and expansion, and a non -spendable for future perpetual maintenance. He said there is currently $763,382 in the non -spendable for perpetual maintenance and $273,993 in the spendable portion so we are about $25K short for the purchase. He recommended if Council wishes to move forward with the purchase, they pass R-1 3 10 to suspend the trust fund rules for an indefinite period so we can borrow $26,007 from the non - spendable trust fund portion to make the purchase, and then all cemetery sales going forward will pay back that amount to the non -spendable trust fund until replenished. The City Attorney read Resolution No. R-1 3 10 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to adopt Resolution No. R-1 3 10 and authorize the City Manager to close the purchase of the 12900 US 1 property within the provisions of the sales contract reviewed at the last meeting and in packets this evening. Mr. Adams asked what is involved in removing and selling the sand and would the revenue from that go to the cemetery fund or the general fund. The City Manager said it should and needs to stay in the cemetery fund, that there is no plan laid out, and the essential bottom line is we have a lot of options if we buy that lot. Ms. Coy said Vero Beach Crestlawn cemetery fund is getting short and ours is healthy so kudos to whoever set this up. The City Manager said there will be road and maintenance issues to address, but if we maintain good interest on our investment we should be able to build up our perpetual maintenance and capital funds. 5 9 of 68 Regular City Council Meeting May 22, 2013 Page Six Mr. Adams asked if the sand were to be sold, would it go to the non -expendable or expendable fund. The City Manager said it would be up to Council, but his knee jerk reaction would be to keep it in the cemetery in the capital fund. Mr. Adams said since we are borrowing the funds from the non -expendable, maybe we should look at the ordinance to consider increasing the amount we keep in the expendable fund. The City Manager said he would even go the other way and reduce the amount you need in the perpetual fund and at this stage this is premature. He said he would not recommend amending the ordinance at this time. The City Clerk commented that the code language only provides that proceeds from sales of interment sites shall be paid into the trust fund, and the City Manager stated that was his comment, that if we sell sand, the proper place for that is the cemetery trust fund and his knee jerk reaction is to put it in the expendable fund for future capital improvements. Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5-0 11. PUBLIC INPUT (procedures on back of agenda) Dave DeVirgilio and Mike Murray, both of Pelican Island Place, requested that City Council revisit previous discussions from several years ago on the realignment of Barber Street in the area near Pelican Island Elementary due to the dangerous curve that exists there and incidents which have occurred with people missing the turn, driving off the road, and even once hitting and killing Mr. Murray's dog in the swale. They provided a petition signed by 35 individuals in the neighborhood (see petition attached). Mr. DeVirgilio said he was a member of MPO Citizens Advisory Committee and Mr. Matson said he would have no problem donating the three or four lots the County owns. Mr. Wright asked if he had discussed this with the City Manager, and Mr. DeVirgilio said he met with him about eight months ago, and the good news is there was a preliminary plan drawn. The City Manager responded the issue is do we want to reintroduce this and said it was on the books in 2005 when he arrived, and we took it off the books soon after. He said the county had worked to acquire several lots on the eastbound section of Barber, and there were issues with scrub jay habitat, and discussed Fish and Wildlife scrub jay take issues. He said funding was moved to other areas and with the budget coming up it may be something we want to look at again during CIP, we have preliminary drawings. Mr. Hill asked if it was an MPO project since it was Barber and the City Manager said it was local, the county's contribution was that they had purchased properties. Mr. Hill said he thought he saw it on an MPO plan. Mr. DeVirgilio said it was on the plan when he started on CAC and is now gone. Ms. Coy said it might have been combined with the larger Barber /Schumann intersection project. Mr. Wright said it would be good to get some drawings to see how it was aligned and discuss it further. The City Manager said those two projects - Barber Street realignment and the intersection project -had never been tied together. 6 10 of 68 Regular City Council Meeting May 22, 2013 Page Seven 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. The City Manager noted that Waste Management had not completed its review of the language and there may be some minor changes. He said Mr. Adams had brought to his attention a program called Waste Watch where haulers keep an eye out for suspicious activity in neighborhoods and he had talked to George Geletko who said they can do that in Sebastian, and he would add it to conditions in Article 13 for second reading. He said any other changes made would be redlined for Council. The City Attorney read the Ordinance by title only. Ms. Coy asked if the smaller size container is in here and the City Manager said it was. She said she had received a call after the last meeting from an elderly woman who called Waste Management and was told smaller containers are available upon request. Ms. Coy cited Article 13.6.1 solar compactors and asked if we are getting both the solar refuse and recycling containers and the City Manager said he would clarify that by the second reading. Mr. Adams asked why Articles 11.1.1 and 11. 1.3 have rates to be filled in but are blank. The City Manager said he was confused on some of the charts but they would be inserted before the second reading. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5-0 13. CITY ATTORNEY MATTERS 13.088 A. Litigation Update (Report) - Withdrawn from agenda until June 12th agenda. 14. CITY MANAGER MATTERS The City Manager explained a situation whereby Dollar General on CR 512 is required to grant a sidewalk easement to the City for connection of the existing sidewalk, and to expedite the process we prepared a grant of easement, and it needs to be authorized for him to execute. The City Clerk handed out backup provided by the City Manager (see attached). The City Attorney said with sufficient time this ordinarily would have been placed on Council's consent agenda for consensus, but the timing was too late for Dollar General, so they requested we do it sooner, they are giving us the property, and the City Manager said it is here for public disclosure and he will execute the agreement. 7 11 of 68 Regular City Council Meeting May 22, 2013 Page Eight 15. CITY CLERK MATTERS -None. 16. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan announced the Memorial Day service at Riverview Park at 11 am on Monday, May 27th once again for the benefit of the public. B. Vice Mayor Wright Mr. Wright reported the Indian River County Commission had voted 3-2 to proceed with a resolution to impose a moratorium on impact fees for 18 months, and they will address how and when to make it effective. He said it will be a huge move forward by the County and said we have an impact fee in Sebastian and it is important for us to discuss that. Mr. Hill suggested we have that discussion, but was not certain the County is taking a step forward with a moratorium, because without impact fees how would we pay for roads, sidewalks, parks. He said while it sounds good to eliminate impact fees there is a cost for growth and people here have already paid impact fees. Ms. Coy agreed we need to discuss pros and cons and suggested we discuss at the next meeting on June 12th Mr. Wright said the County may have even more discussion at their next meeting, and reported on the Tourist Development Meeting noting tourist taxes are up 4.8 last month and 5.7 from last year, which enabled them to fund 100% of IRC and Sebastian Chambers, Cultural Council, Historical Society, Treasure Coast Sports Commission, and Vero Heritage Inc. He further said he wanted to encourage the Treasure Coast Sports Commission to spend some of its funds in the North County at our golf course, hotels and restaurants and he will meet with them to discuss some concepts he has. Mr. Wright discussed a meaningful article for Sebastian on Working Waterfronts which states they account for 3.4% of the total US gross domestic product and 4.85% of total employment with ocean and great lakes waterfront accounts, and provide a toolkit to municipalities to best utilize their Working Waterfronts, which he will turn it over to the City Manager. C. Council Member Adams Mr. Adams reported that at the Indian River County Commission meeting prior to their last meeting they awarded Ranger Construction the resurfacing of the eastbound lanes of CR 512 between Roseland and Easy, and approved sending a letter to Harbor Branch in support of their request for grant funding to study effects of septic systems on the Indian River Lagoon. 12 of 68 Regular City Council Meeting May 22, 2013 Page Nine D. Council Member Coy Ms. Coy reported on Beach and Shores, where it was announced money from the State, the Canadian version of Kilroy, was nixed. She announced there was another Memorial Day event at Earl's with a motorcycle procession on Saturday May 25th atl2:30 pm and a skydiver with a flag and they had received FAA approval; and said Wii bowling has arrived at the Senior Center from 10 to 1 every Saturday and asked people to join them. She said there is a National Senior Wii Bowling League. E. Council Member Hill Mr. Hill asked about the sidewalk that goes all the way across the strip mall on 510 and then stops abruptly at the Publix and picks up again at the corner, and asked the City Manager to check with the County on that. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:03 p.m. Approved at the June 12, 2013 Regular Council Meeting. By. Bob McPartlan, Mayor Attest. Sally A. Maio, MMC, City Clerk 9 13 of 68 att OF HOME OF PEUCAN WAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: 7B — 13.092 Subject: Prior Authorization for City _ Department Origin: City er Council Travel — 2013 FLC Annual Conference — World Marriott Orlando Date Submitted: 6/5/13 for Submittal by: For Agenda of: 6/ /13 Jrov City Attorney: City Manager Exhibits: Conference Information Expenditure Required: Amount Budgeted: Appropriation Per Person Travel (approximate): Travel Balance: $3,081 (After Required: N/A Hotel & self parking 3 nights $506 Food: 3 days $108 Monthly Expense Account for Fuel: $112 round trip Remainder of Year) $726 Travel Per Person Per Person Registration: $325 Training /Education Balance: $2090. SUMMARY STATEMENT Section 2 -35 requires Council members to obtain prior authorization for travel beyond 75 miles outside of Sebastian for which they will request reimbursement. The Florida League of Cities conference will be held at the Orlando World Marriott Hotel from Thursday, August 15 through Saturday, August 17, 2013 departing August 18th. Pre - Registration for each conference attendee is $375. Since registration is now open, we would appreciate notification of your intent to attend as soon as possible so we can begin the registration process. RECOMMENDED ACTION Move to authorize travel for any member of Council who wishes to attend the Florida League of Cities Annual Conference in Orlando, FL from August 15 -18, 2013. 14 OT b25 l MY OF HOMY OF Pff KAN MAN® AGENDA TRANSMTI"TAL Subject: Forfeiture Fund distributions Agenda No. Department Origin: Police De A roved or Submittal by: City Manager Administrative S City Attorney: City Clerk: fr A Minner Date Submitted: 05/29/13 For Agenda of: 06/12/13 Exhibits: DARE invoice,. Letters of Support EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $1,219.00- DARE REQUIRED: $1,719.00 $500.00- Crime stoppers SUMMARY The Sebastian Police Department actively participates in the DARE and Crime Stoppers and request funds from the Law Enforcement Forfeiture Account to purchase /donate for the above items. DARE (Drug Abuse Resistance Education) is a program we teach to all our 5`b grade students in preparing them for middle school. We teach them to resist drugs, alcohol, cigarettes and the peer pressure often leading them to this dangerous path. This program has been a huge national success and an even larger success locally. The Treasure Coast Crime Stoppers is a non - profit organization that provides tip money for persons that call in information about crimes and the location of wanted suspects. They also provide crime prevention programs such as newspaper ads of wanted subjects, they have established a crime stoppers web site to post photos and crime information and they produce an annual crime stoppers television show. With their assistance several crimes have been solved and criminals captured. They accept donations from the public and solicit donations from law enforcement agencies to continue their existence. I am requesting $500.00 from our police department forfeiture fund to be donated to this organization to assist them in their operations. Attached are: an invoice for the DARE memorabilia and a letter requesting support from Crime Stoppers. Florida Statute 932.7055 (5) (b) requires the approval of the local governing body and a certification from the chief of police to expend these funds. RECOMMENDED ACTION Approve the expenditures of Forfeiture Funds in the amounts of $1,219.00 to Creative Product Sourcing, Inc.; and $500.00 to the Treasure Coast Crime Stoppers. 15 of 68 ���'LQ•GYtLt%t/1,Pi ��� ka Q January 8, 2013 Chief Michelle Morris Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Dear Chief Morris, TCWatch.org Report Crime & Remain UNKNOWN, OUT OF SIGHT & UNTOUCHABLE PO Box 690144 Hotline: 1- 800 - 273 -8477 Web Tips Vero Beach, FL32969 Text "tip 151 plus your tip" to 274637 Submit a Tip Online Phone: 772- 770 -5136, 5139 Thank you for your $1,000 donation to Treasure Coast Crime Stoppers in 2012. Here is a synopsis of how your forfeiture funded donation was used during the year. First, reasons why the funds were requested: In fiscal year 2011 -2012, our State budget was cut 20% compromising our outreach efforts to obtain crime - solving tip information for your agency. Without your assistance, some services would have been discontinued. $500 of your donation helped supplement the salary of a key part-time staff position. The remaining $500 augmented advertisement and other non -salary expenses. We expect a similar shortfall for calendar year 2013 and again request your assistance. Treasure Coast Crime Stoppers is a non- profit 501© (3) organization eligible for forfeiture fund distributions under Florida State Statute 932.7055. Fiscal /calendar year 2011 -2012, we received 1,088 anonymous tips culminating in 180 arrests. 22 arrests were made by your department. We appreciate your support and look forward to your consideration. Sincerely, Ze wdaa0, President, Treasure Coast Crime Stoppers, Inc. Federal Tax ID #59- 270508 Cc: Ed Glaser, Linda Bartz, Mark Godwin, Donna Carr, Bruce Colton, Freddie Woolfork, Jerry Gore, John Salvesen, Rocco Bellantoni, Terry Burroughs CONTRIBUTIONS BENEFIT Treasure Coast Crime Stoppers, Inc. a NOT FOR PROFIT (501C(3) TAX EXEMPT ORGANIZATION Treasure Coast Crime Stopper, Inc. RECEIVES 100% OF EACH CONTRIBUTION WITH 0% RETAINED BY A PROFESSIONAL 50LICITOR. THE BOARD OF DIRECTORS CONSISTS OF ALL VOLUNTEER CITIZENS. FEDERAL TAX I.D.: 59- 27050B1 16 of 68 Established 1989 EXECUTIVE DIRECTOR Ed Glaser BOARD OF DIRECTORS: President: Ken Wilson, Vice President: Linda Bartz, Secretary: Mork Godwin, Treasurer: Donna Corr Rocky Bollontoni Donna Goiser Bruce Colton Freddie Wooljork John Soivesen Lou Rousch Jerry Gore Terry Burroughs LAW ENFORCEMENT PARTNERS: MARTIN COUNTY ST. LUCIE COUNTY OKEECHOBEE COUNTY INDIAN RIVER COUNTY Martin County Sheriffs Department St. Lucie County Sheriff's Office Okeechobee County sheriff's Department Indian River County Sheriff's Department Stuart Police Department Fort Pierce Police Department Okeechobee Police Department Vero Beach Police Department Jupiter Island Department of Public Safety Port St. Lucie Police Department Sebastian Police Department Sewell's Point Police Department Fellsmere Police Department Federal Bureau of Investigation Florida Department of Law Enforcement United States Marshall Services CONTRIBUTIONS BENEFIT Treasure Coast Crime Stoppers, Inc. a NOT FOR PROFIT (501C(3) TAX EXEMPT ORGANIZATION Treasure Coast Crime Stopper, Inc. RECEIVES 100% OF EACH CONTRIBUTION WITH 0% RETAINED BY A PROFESSIONAL 50LICITOR. THE BOARD OF DIRECTORS CONSISTS OF ALL VOLUNTEER CITIZENS. FEDERAL TAX I.D.: 59- 27050B1 16 of 68 Creative Product Sourcing, Inc. - DARE 3130 Wilshire Blvd. #555 Santa Monica, CA 90403 Ph: (888) 811 -3273 Fx: (949) 348 -2690 Bill To City of Sebastian Police Department Ashley Penn 1201 Main Street Sebastian FL 32958 Ship To Invoice Date Invoice # 4/23/2013 60052 17 of 68 S.O. No. P.O. No. Terms Project 52805 Net 30 Item Description Order... Prev. Inv... Backor... Invoiced U/M Rate Amount TS29 -CA -S Crest Tee - Small 94 0 0 94 ea 6.25 587.50T TS29 -CA -M Crest Tee - Medium 60 0 0 60 ea 6.25 375.00T TS29 -CA -L Crest Tee - Large 16 0 0 16 ea 6.25 100.00T TS29 -CA -XL Crest Tee - XL 4 0 0 4 ea 6.25 25.00T DSOI -CA -A D.A.R.E. Lanyard -package of 10 1 0 0 1 PK 14.50 14.50T PA21 -CA Color Medallion 8 0 0 8 ea 3.75 30.00T FSO4 -CA Latex Balloons 1 0 0 1 PK 18.00 18.00T Red & Black assorted packs of 100 Fed Ex Shipping & Handling 1 0 0 1 ea 69.00 69.00 FedEx Ground Tracking Number(s): 745564532300978 ,745564532300985, 745564532300992 CCOUNT: ROJECT #: OUNT: $ ATE: EPT HEAD: Subtotal $1,219.00 Sales Tax (0.0 %) $0.00 Total $1,219.00 Payments /Credits $0.00 Balance Due $1,219.00 17 of 68 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2012 Go The 2012 Florida Statutes Page 1 of 4 Title XLVII Chapter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property. — (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6) (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. 1(d) Notwithstanding any other provision of this subsection, and for the 2012 -2013 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2013. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal 18 of 68 http: / /www.leg.state.fl.us/ statutes / index .cfm ?App_mode= Display_Statute &Search String =... 5/29/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program (s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor 19 of 68 http: / /www.leg.state.fl.us /statutes / index .cfm ?App_mode= Display_Statute &Search String =... 5/29/2013 Statutes & Constitution :View Statutes: Online Sunshine Page 3 of 4 Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (f) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's special law enforcement trust fund. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Agricultural Law Enforcement Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (j) The Department of Transportation, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Transportation Trust Fund to be used for purposes of drug interdiction or into the department's Federal Law Enforcement Trust Fund as provided in s. 339.082, as applicable. (k) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (l) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (m) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. 20 of 68 http: / /www.leg.state.fl.us /statutes /index.cfin ?App_ node= Display_Statute &Search String =... 5/29/2013 Statutes & Constitution :View Statutes: Online Sunshine Page 4 of 4 (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History. -s. 5, ch. 92 -54; s. 2, ch. 92 -290; s. 21, ch. 94 -265; s. 479, ch. 94 -356; s. 5, ch. 95 -265; s. 72, ch. 96 -321; s. 41, ch. 96 -418; s. 2, ch. 98 -387; s. 3, ch. 98 -389; s. 4, ch. 98 -390; s. 5, ch. 98 -391; s. 2, ch. 98 -392; s. 2, ch. 98 -393; s. 2, ch. 98 -394; s. 61, ch. 99 -245; s. 2, ch. 2000 -147; ss. 26, 79, ch. 2002 -402; s. 1923, ch. 2003 -261; s. 37, ch. 2003 -399; s. 3, ch. 2004 -39; s. 38, ch. 2004 -234; s. 16, ch. 2004 -344; s. 23, ch. 2005 -3; s. 19, ch. 2005 -71; s. 2, ch. 2005 -109; s. 5, ch. 2005 -117; s. 11, ch. 2006 -26; s. 20, ch. 2006 -176; s. 21, ch. 2006 -305; s. 7, ch. 2007 -14; s. 10, ch. 2007 -73; s. 10, ch. 2008 -153; s. 207, ch. 2008- 247; s. 7, ch. 2009 -82; s. 8, ch. 2010 -153; s. 18, ch. 2011 -47; s. 31, ch. 2012 -88; s. 15, ch. 2012 -119. 1Note.- Section 15, ch. 2012 -119, amended paragraph (4)(d) "[i]n order to implement Specific Appropriations 12976 and 1299 of the 2012 -2013 General Appropriations Act." Copyright © 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us 21 of 68 http: / /www.leg.state.fl.us /statutes/ index .cfm ?App_mode= Display_Statute &Search String =... 5/29/2013 e Ar_1VNT1A TRANCMTTTAT, Subject: Sebastian Boulevard Resolution Agenda No. %l� —l3. di pm Department Origin: Comm7A A rov Submittal by: WDeQ,1 Director: J. Griffin Finance Director: K. Kil g re �--- Admin Services: D. Krueger I n •, City Manager City Clerk: S.A. Maio City Attorney: R. A. Ginsburg Date Submitted: 06 June 2013 For Agenda of. 12 June 2013 Exhibits: R -01 -83 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY Since the above Exhibit Resolution was passed by Council in 2001, the City's borders have expanded west of the 510/512 intersection through the annexation process. In order to clarify that "Sebastian Boulevard" applies to newly annexed areas along CR -512, the Community Development Department offers R -13 -12 for Council consideration. Approve R -13 -12 RECOMMENDED ACTION 22 of 68 RESOLUTION NO. R -13 -12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME FOR COUNTY ROAD 512 WITHIN THE CITY LIMITS TO SEBASTIAN BOULEVARD; PROVIDING FOR RETROACTIVE AND PROSPECTIVE EFFECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution R -01 -83 on November 28, 2001, changing the name of County Road 512 from "Fellsmere Road" to "Sebastian Boulevard" within the corporate limits of the City of Sebastian (copy attached); and WHEREAS, since that time, four annexations have extended the corporate city limits of the City of Sebastian further west along County Road 512; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. NAME CHANGE. Sebastian City Council Resolution R -01 -83 is hereby ratified, confirmed and incorporated herein in its entirety as though fully set forth herein. County Road 512 is named "Sebastian Boulevard" within the corporate limits of the City of Sebastian. Section 2. RETROACTIVE EFFECT. This Resolution R -13 -12 shall apply retroactively to include all real property annexed into the City of Sebastian since November 28, 2 00 1. Section 3. PROSPECTIVE EFFECT. This Resolution R -13 -12 shall apply prospectively to include all real property annexed into the City of Sebastian from and after the effective date hereof. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 23 of 68 The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of June, 2013. CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 24 of 68 RESOLUTION NO. R -01 -83 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE NAMIE FOR COUNTY ROAD 512 WITEE[N THE CITY LEVIITS FROM + + LL M. ERE ROAD TO SEBASTIAN BOULEVARD; REQUESTING THAT COUNTY CHANGE NAME WITHIN PORTIONS OF THE UNINCORPORATED AREA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian commissioned the Treasure Coast Regional Planning Council to host a„ charette over the future development of the County Road 512 corridor through the City; and WHEREAS,, during, said charette process the citizens initiated and overwhelmingly supported changing the name of County Road 512 from "Fellsmere Road" to "Sebastian Boulevard" to enhance the sense of identity and community within the City; and WHEREAS, citizen- initiated,pedtions have been presented to Council supporting the name change, and the citizenry has further been polled concerning its support of changing the name of the CR 512 roadway and, again, the desire for the name change was strongly indicated., and WHEREAS., there is evidence that in earlier times the roadway was known as the Sebastian- F(llsmere.Road, but over time the name was shorted; and V WREAS, tale development of the interstate highway system has fundamentally changed the way people travel in the United States; and the identification of the sole interstate interchange for the Sebastian area as the "Fellsmere Road Exit" stifles the growth of Sebastian's attraction as a tourism destination; and 25 of 68 WIRlEAS, City requests that the County change the name of County Road 51.2 from the I -95 interchange eastward to "Sebastian Boulevard" and maintain the name "Fellsmere Road" west of the interchange; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. NAME CHANGE. Effective at noon, Friday March 1, 2002 County Road 512 shall be renamed "Sebastian Boulevard" within the corporate limits .of the City of Sebastian. Section 2. REQUEST FOR COORDINATION. The City of Sebastian respectfully requests that the Board of County Commissioners of Indian River County rename the County Road 512 roadway "Sebastian Boulevard" from theI -95 interchange eastward to the Sebastian city limits,. effective as of the same date. Section 3. CONFLICT'S. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its. adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember Bil1 . the vote was, as follows: Mayor Walter Barnes Councilmember.Joe Barczyk Councilmember James Hill Councilmember Edward J. Maj cher, Jr.. Councilmember Ray Conigho aye aye a aye aye- and, upon being put into a vote; 26 of 68 r The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of November, 2001. ATTEST: Y Sally A. *o, cmc City Cler-k CITY OF SEBASTIAN, FLORIDA By: W Ca m La n. 4iA� �y Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: l �Y� Rich 9tringer, City A ey 27 of 68 z AGENDA TRANSMITTAL Subject: Agenda No. 9A - 15.015 Ordinance 0 -13 -03 Department Origin: City Manager Solid Waste Removal Franchise Administrative Srvc: City Attorney: A rove r Submittal by: City Clerk: Date Submitted: 6 JUNE 13 1 n ei, ity Manager For Agenda Of: 12 JUNE 13 EA bits: Franchise Agreement SUMMARY Attached is the enacting ordinance and solid waste hauling franchise agreement. The agreement has been modified in the following manner since first reading. ➢ Section 3.49 - Standard Issue Container provides a statement for disabled customers to request a smaller container. ➢ Section 11.1 - Commercial rate schedule was added as "Exhibit "A" to easily explain all commercial collection options and rates. ➢ Section 13.5.1 - Special Event Cleanups added the word "each" to insure that events were conducted for electronics, paper shredding and white goods. ➢ Section 13.5.2 -Waste Watch program will be provided by WM. ➢ Section 13.20 - Indemnification - The word negligent was added to the indemnification clause. ➢ Section 13.22 - Compressed Natural Gas was modified slightly by Waste Management. Attached to this transmittal are the specific changes requested by WM. Those changes did not change the intent of providing a fueling station. RECOMMENDATION Staff recommends approval of the agreement. Please note, for simplicity purpose a non - strike through version of the agreement was provided. Should you wish to review a strike through version, please let me know and one can be provided. 28 of 68 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: 7 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. 29 of 68 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 LN Mayor Bob McPartlan ATTEST: 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 , 30 of 68 Franchise Agreement Between "ii !j r City of Sebastian and WASTE MANAGEMENT Waste Management, Inc. of Florida 31 of 68 This Franchise Agreement ( "Agreement ") is hereby made and entered into this 12th day of June, 2013, between CITY OF SEBASTIAN, FLORIDA, ( "City ") and WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, whose address is 2700 NW 48th Street, Pompano Beach, FL 33073 ( "Franchisee "). WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, Franchisee desires to perform such services pursuant to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Article 1. Background Recitals 1.0. The recitals set forth above are true and correct and form a material part of this Agreement. Article 2. Term of the Agreement 2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin July 1, 2013. This Agreement shall automatically renew for an additional term ending June 30, 2023, unless either party shall notify the other to the contrary in writing pursuant to Sec. 16.11 not later than July 1, 2017. Article 3. Definitions and Interpretations 3.0. General. To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. 3.1. Agreement shall mean this Franchise Agreement between the City and the Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. 2 32 of 68 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. 3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human - disease- causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. 3.5. Council shall mean the City's governing body, which currently is comprised of the City Council of the City of Sebastian, Florida. 3.6. Bulk Trash shall mean any non - vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling by normal, Collection, processing or disposal methods. Bulk Trash includes but is not limited to discarded White Goods that are not Freon - Containing Devices, toilets, pool heaters, water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods, appliances, fixtures and furniture. 3.7. Collect and Collection shall mean the process whereby Solid Waste is picked -up and removed from the location where it is generated, and then transported to the County Landfill. 3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.9. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; and (b) Recyclable Materials generated on Commercial Property and from Mobile Home Parks. 3.10. Commercial Container shall mean any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non - absorbent material; (c) is free - standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial 3 33 of 68 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 Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; (c) churches and not - for - profit organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial facilities; and (h) Construction and Demolition Debris collection in volumes greater than fifteen (15) cubic yards. 3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.14. Construction and Demolition Debris shall mean discarded materials generally considered to be not water - soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and (c) De Minimis Amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. 4 34 of 68 For purposes of this Agreement, the term does not include "Roll -on, roll -off' service at volumes less than fifteen (15) cubic yards. 3.15. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.16. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of this Agreement. 3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste and Recyclable Materials discarded by a Customer. 3.20. Customer shall mean a Person having a contractual relationship with the Franchisee for Residential Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this Agreement and the City Code. 3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager. 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 dehumidifiers. 3.24. Garbage shall mean all kitchen and table food waste, and any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. 3.25. Garbage Receptacle shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non - absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s), and includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. 5 35 of 68 3.26. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. 3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes that is not a Hazardous Waste. Such waste many include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer /agricultural chemicals; food and related products or by- products; inorganic chemicals; iron and steel manufacturing; leather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on behalf of the County for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 3.29. Mobile Home Park shall mean any improved real property divided into spaces for the placement of mobile or modular homes or trailers. 3.30. Multiple Dwelling Units shall mean any building containing five (5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels or motels. 3.31. [Left intentionally blank] 3.32. [Left intentionally blank] 3.33. Person shall mean any and all persons, natural or artificial, including, without limitation, any individual, firm, partnership, corporation, company, association, social club, fraternal organization, church, religious sect, religious denomination, society, organization or league, estate, trust, receiver, executor, administrator, trustee, or syndicate, municipal corporation, municipality, district or county of Florida and any other state; any governmental agency or political subdivision of any state or the federal government; or any other legal entity, and any group or combination of the above acting as a unit. 3.34. [Left Intentionally Blank] 3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent 6 36 of 68 processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.36. [Left Intentionally Blank] 3.37. [Left Intentionally Blank] 3.38. [Left Intentionally Blank]. 3.39. [Left Intentionally Blank] 3.40. [Left Intentionally Blank] 3.41. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from the normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive Residential Solid Waste Collection Service. 3.42. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.43. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City. 3.44. Residential Unit shall mean each anc for occupancy as a single - family residence, residence, except a Multiple Dwelling Unit. mobile or modular homes or trailers that: h erected on a separate parcel of property; a the Residential Recyclables Franchise Area; Service. every lot or parcel of land that is improved uplex, triplex, or quadraplex, and any other The term also includes individually -owned ve residential permanent license tags; are e within the Residential Franchise Area or and do not receive Commercial Collection 3.45. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste 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 37 of 68 3.47. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.48. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. 3.49 Standard Issue Container shall mean the collection bin issued by the Franchisee to every subscribing Residential Customer. Such Container shall be a mobile sixty -four (64) gallon collection bin. Franchisee shall deliver the Container to new Customers at the time of their subscription. For the purpose of the initial term of this Agreement, the Franchisee will deliver Containers to existing Residential Customers by October 1, 2013. If the Standard Issue Container is too large for disabled Customers, the Franchisee shall make a reasonable accommodation and issue a smaller sized container to Customer. 3.50. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools, equipment and utensils. Trash does not include Garbage or Yard Trash. 3.51. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non - performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. 3.52. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon - Containing Devices. 3.53. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, tree branches and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste Franchise Area and (b) Commercial Collection Service. 4.1. Recyclables. The collection of residential recyclables is not a part of this Agreement. 8 38 of 68 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific terms of this Agreement. 4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis Amount of Solid Waste shall be handled and regulated as Solid Waste. Article 5. Title to Solid Waste and Recyclable Materials 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, and Recyclable Materials are placed at a Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects. Article 6. Processing and Disposal 6.0. Processing. Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Article 7. Franchise Fee 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (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 39 of 68 no later than 5:00 p.m, unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays -or the holidays of Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be Collected by the Franchisee on any holiday when the County Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. 8.2 Frequency of Residential Solid Waste Collection Service — Garbage and Trash. At least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those Customers that requested Residential Solid Waste Collection Service. The Collections of Garbage and Trash shall be at least three (3) days apart. 8.3. 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 with Garbage. 8.4. Frequency of Service- -Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon - Containing Devices placed at the Curbside Collection Point within four (4) calendar days after receiving a Customer's request to Collect such materials. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. 8.5. Obligations Of Franchisee To Residential Customers - General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right -of -way, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a Customer is physically unable to deliver their Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash, 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 40 of 68 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 Obli. atq ions. Bulk trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system, or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point. The Franchisee shall also collect any garbage that may be placed next to the container from time to time. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non - subscriber(s) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective by the City, the Franchisee shall replace the Container at no additional cost to the customer. 8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manger. The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives the Contract Manager's prior written authorization. The Contract Manager's approval of such changes shall not be unreasonably withheld. In the event that the Contract Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its expense, notify each affected Customer by mail or other manner approved by the Contract Manager not less than one (1) week prior to the change. Article 9. Residential Rates and Billing 9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by Franchisee shall be $11.18 per month as depicted in the rate schedule attached here to and marked Exhibit "A ". The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Service and it includes all franchise fees, collection 11 41 of 68 costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. 9.1. Residential Solid Waste Collection Service Billing. Billing for Residential Solid Waste Collection Service shall be the sole responsibility of the Franchisee. Article 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Service within the City. 10.1. Frequency of Collection. Commercial Collection Service shall be provided at least once per week, except that the Collection of Recyclable Materials may be provided as agreed by the Customer and Franchisee. In any event, Commercial Collection Service shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3. Commercial Containers Required. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.4. Non - Conforming Containers Prohibited. The use of any container or receptacle other than a Commercial Container or a Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. 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, 12 42 of 68 demolition, or renovation activities shall be removed by the Person responsible for the construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier if the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates — General. The Commercial Collection Service rates set forth in this Agreement are maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement. 11.1. Rates. All Customers receiving any type of Commercial Collection Service, including Construction and Demolition Debris Service, will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate schedule attached hereto marked Exhibit "A ". 11.2. Other Charges. The rates for Commercial Collection Service and Construction and Demolition Debris Collection Service do not include disposal fees, maintenance fees, franchise fees, and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and itemized. 11.3. Billing. Billing for Commercial Collection Service, and for Construction and Demolition Debris Service shall be the sole responsibility of the Franchisee. Article 12. Adjustments to Rates 12.0. CPI Changes in Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for all urban consumers for the Southeastern US, all items, 1982 -84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ( "CPI "). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2014, and on each October1 thereafter, the foregoing 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 exceed percent (3 %) per annum. The Franchisee shall notify the City in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. 12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this 13 43 of 68 Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adjustment Procedure. Should the Franchisee seek an adjustment of any charges established and approved by the Council, other than the CPI Changes in Rates set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and charges which it proposes and a written justification for the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the City with supporting data for review and presentation to the Council. The hearing may thereafter be continued from time to time as determined by the Council. The Council shall make a determination whether the adjustment in charges is necessary and justified under the circumstances provided herein and set forth in Franchisee's justification for rate adjustment. Article 13. General Obligations Of Franchisee 13.0. Prohibitions on Biological, Biomedical, and Hazardous Waste. The Franchisee shall not Collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the 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 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 leaking, spilling and blowing of such material is prevented. In the event that any material or liquid spills, blows or leaks 14 44 of 68 from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage, leakage and litter at no cost to the City or the Customer. If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of any cleanup, remediation or damages shall be the sole responsibility of the Franchisee. 13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this Agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant's opinion that the Franchisee has properly calculated and fully paid the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3. Customer Complaints. If the City receives a complaint regarding the Franchisee's service under this Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone, e-mail or facsimile. The Franchisee shall respond to the complaint within twenty -four hours after the Franchisee receives the complaint. When the complaint is received after twelve o'clock noon on a Saturday or on a day preceding an approved holiday the Franchisee shall respond to the complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty -four hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, when the Franchisee responded to the complaint, and when the complaint was resolved. The Franchisee's records and forms shall be kept up to date and shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at the Franchisee's office and shall be available for inspection by the Contract Manager during normal business hours. 13.3.2. Notice of Certain 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 15 45 of 68 any such matters within three calendar (3) days after the Franchisee receives the complaint. 13.4. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.5. Community Cleanups. The Franchisee shall perform at least two community cleanups within the Residential Solid Waste Franchise Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall Collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 13.5.1. Special Event Cleanups. In addition to the Community Cleanups, the Franchisee shall perform one annual collection event each for electronics, paper shredding and white goods. The time and location of the Special Event Cleanups shall be selected by the Contract Manager and coordinated with the Franchisee. 13.5.2 Waste Watch. Franchisee shall develop a "Waste Management Waste - Watch" Program in the City of Sebastian. 13.6. Collection for City Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four major City- sponsored festivals held annually at Riverview Park. 13.6.1. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. 13.7. Uncontrollable Forces. Neither the County nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this Agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non - performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, 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 16 46 of 68 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 shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.9. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(s) where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for communicating with the City regarding emergency matters. 13.10. Vehicles and Equipment. At all times the Franchisee shall have a sufficient number of trucks, Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this Agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchisee in the performance of this Agreement shall be clearly identified with the Franchisee's name, local phone number, truck number, and tare weight. Letters and number shall be at least four (4) inches high. 13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the trucks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or less; or (b) bona fide demonstration trucks and other Collection equipment. 13.10.2. Condition of Equipment. At initiation of the Franchise Agreement, all collection equipment shall be in good working order. The City reserves the right to inspect all 17 47 of 68 equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's vehicles shall be in compliance with all Applicable 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 no time during the course of the Agreement shall the Franchisee's equipment become older than twelve (12) years. 13.10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shall service the City with an all compressed natural gas equipment fleet. 13.10.4. Equipment Required on Vehicles. All collection vehicles shall carry a broom, a shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean up any spilled materials. 13.10.5. Inspection of Vehicles and Equipment. The Contract Manager may inspect the operations, vehicles, and equipment of Franchisee at any reasonable time upon giving of reasonable notice and the Franchisee shall allow the Contract Manager to make such inspections. 13.11. Franchisee's Operations Manager. The Franchisee shall assign a qualified person or persons to be in charge of the Franchisee's operations within the City. Within three (3) days after the City signs this Agreement, the Franchisee shall provide the Contract Manager with a written list containing the names and telephone numbers of the Franchisee's operations manager and other key personnel, and the telephone numbers that are to be used to contact the Franchisee in the event of an emergency. 13.12. Personnel. All of the Franchisee's employees shall be properly trained and qualified to perform the tasks assigned to them. The Franchisee shall provide routine training in operating and safety procedures for all of the Franchisee's employees that are directly involved in the Collection or processing of Solid Waste or Recyclable Materials in the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. The Franchisee's employees shall wear a uniform, shirt, or vest bearing the Contractor's name whenever they are Collecting or transporting Solid Waste or Recyclable Materials in the City. The Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials. 13.12.1. Polite and Courteous Behavior. The Franchisee's employees shall treat all Customers in a polite and courteous manner. All personnel of Franchisee shall refrain from belligerent behavior and profanity. Franchisee's personnel shall not request tips or 18 48 of 68 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 in connection with this Agreement and Franchisee shall maintain the same in full force and effect throughout the term of this Agreement. Any revocation of the Franchisee's licenses or permits shall be reported to the City within three (3) calendar days. 13.15. Public 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 crime or placed on the convicted vendor list. 13.16. Non - Discrimination. The Franchisee, in performing under this Agreement, shall not discriminate against any worker, employee, or applicant or any member of the public because of race, creed, religion, color, sex, age, marital status, disability, or national origin, or otherwise commit an unfair unemployment practice on such basis. 13.17. Natural Disasters and Other Emergency Conditions - Variances from Normal Services. In the event of a natural disaster or other emergency, the Contract Manager may grant a variance from the normal requirements of this Agreement. Among other things, the Contract Manager may allow the Franchisee to use other routes, schedules, and disposal sites during the time period in which an Uncontrollable Force prevents the Franchisee from complying with the normal requirements in this Agreement. In such circumstances, the City shall ask the local media to inform the public about the changes in the Franchisee's services As soon as practicable after such natural disaster or Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the Franchisee shall make the City a priority. 13.17.1. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. 19 49 of 68 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 shall develop and provide to the City a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall establish a reasonable, verifiable basis for any charges. In the event that excess work resulting from a natural disaster is compensable by the Federal Emergency Management Agency, or any other local, state, or federal agency, any compensation to the Franchisee shall be subject to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation requirements and shall provide the necessary documentation for submission of cost reimbursement requests. The Franchisee shall be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel and equipment pursuant to this section. 13.19. Insurance. 13.19.1. Workers' Compensation Insurance. Workers' Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 aggregate by disease. 13.19.2. Liability Insurance. The Franchisee shall, during the term of this Agreement, maintain in full force and effect commercial general liability insurance and automobile liability insurance, which specifically covers all exposures incident to the Franchisee's operations under this Agreement. Such insurance shall be with a company authorized to do business in the State of Florida and which possesses a minimum, current rating of B+ Class VIII in "Best's Key Rating Guide." Each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without limitation, death, and property damage liability and the general liability shall include but not be limited to coverage for Premises /Operations, Products /Completed Operations, Contractual, to support the Franchisee's Agreement or indemnity and Fire Legal Liability. In addition to the above liability limits, the Franchisee shall maintain a $5,000,000.00 umbrella 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 written notice has been given to the City. Franchisee shall provide the City with copies of current certificates of all required insurance concurrently with execution of this Agreement by Franchisee. Franchisee expressly understands and agrees that any insurance 20 50 of 68 protection furnished by Franchisee shall in no way limit its liability to the City or its responsibility to indemnify and save harmless City and the officials, officers, and employees of the City under the provisions of this Agreement. 13.20. Indemnification. The Franchisee agrees to hold the City and the officials, officers, and employees of the City harmless from any and all liabilities, losses, penalties, costs or damages the City, its officials, officers, and employees may suffer as a result of any claims, demands, suits, or judgments against the City, its officials, officers, and employees arising out of or in any way related to the negligent acts or omissions of the Franchisee or its employees under this Agreement. The Franchisee shall not be required to indemnify or hold the City harmless for any act or omission caused by the sole negligence or willful misconduct of the City or its officials, officers, or employees. This indemnification and hold harmless agreement shall survive the termination or expiration of this Agreement. 13.21. Damage. The Franchisee including, without limitation, its agents, employees and subcontractors, shall perform all services under this Agreement in such a manner so as to avoid damage to public and private property and shall promptly repair or pay for any such damage in conjunction with its insurance adjustment procedures. 13.22. Compressed Natural Gas Fueling Station. Franchise shall construct, operate and maintain a full service compressed natural gas fueling station in the City limits of the City of Sebastian, Florida if the following conditions are met: A. Franchisee shall be awarded a continuing exclusive franchise for solid waste collection in Indian River County during the term of this Agreement or any extension hereof and such franchise has a term of at least three years; B. Franchisee and City shall negotiate in good faith to locate or provide City property for station location and such property, zoning and all restrictions related to the property and the costs associated with its procurement are acceptable to Franchisee in its reasonable discretion; C. Natural gas infrastructure is reasonably extended to the potential fueling station site; and, D. Franchisee agrees to design fueling station according to City land development regulations; and E. The parties enter into a definitive agreement regarding the property that addresses all issues raised by either party after the specific property is identified. Article 14. Administrative Charges to Franchisee for Failure to Perform 21 51 of 68 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 shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to applicable terms of this Agreement. Customer service Complaints shall not include Customer informational requests or Recycling Container requests. Customer service complaints may include, but are not limited to, the following: .1 Commingling Solid Waste with Yard Trash .2 Throwing of Garbage Receptacles .3. Failure to collect Solid Waste on schedule .4 Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints received from Residential Solid Waste Collection Service customers exceed any of the following percentage(s): Complaint Type Annual % Monthly % Garbage, Trash and Damage 4% 0.5% Yard Trash 2.5% 0.35% of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year, the Contract Manager may levy $100.00 administrative charges for each incident exceeding these percentages, on a calendar year or monthly basis as is appropriate. 14.2. jLeft Intentionally Blankl 14.3. (Left Intentionally Blankl 14.4. Changing Scheduled Collection Days without Approval. Changing scheduled Collection days without approval will result in a $2000.00 administrative charge per incident. 14.5. Failure to Clean Up 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 22 52 of 68 each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90 %) complete and is thereafter completed within five (5) hours. 14.7. Other Performance Standards and Administrative Charges. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation: .1. Failure to provide clean, safe, sanitary Collection equipment .2. Failure to maintain office hours as required .3. Operator not licensed .4. Collection Vehicle not licensed .5. Failure to provide documents and reports in a timely and accurate manner .6. Failure to cover materials on Collection vehicle .7 Collection vehicles left standing on street unnecessarily .8. Collection employees out of uniform .9. Not providing schedule and route maps .10. Speeding, upon conviction .11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year .12. Failure to respond to Customer calls in a timely and appropriate manner 14.9. City Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Payment of Administrative Charges by Franchisee. The Contract Manager shall notify the Franchisee in writing of the City's intent to assess any administrative charges provided under this Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10th) calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of 23 53 of 68 all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. Article 15. Default 15.0. Causes of Default . The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: .1. Filing of Insolvency or Bankruptcy. Franchisee shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re- adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; .2. Declaration of Bankruptcy. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; .3. Control by Receiver, Trustee, or Liquidator. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession or control shall continue in effect for a period of sixty days; or .4. Failure to Perform Services under Agreement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default 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. 24 54 of 68 .5. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non - Customers without the prior written approval of the Contract Manager. 15.1. Interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2. Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Franchisee's record of performance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct or cure future defaults, and all of such defaults shall be considered cumulative and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warning letter to Franchisee, setting forth in detail all of the facts and circumstances constituting the determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shall be payable to such date, and Franchisee shall have no further rights under this Agreement. Immediately upon receipt of such final notice, Franchisee shall proceed to cease any further performance under this Agreement. 15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in City's written notice to Franchisee and upon such date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service. Article 16. General Provisions 25 55 of 68 16.0. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Franchisee shall survive the termination or expiration of this Agreement. 16.1. Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy under this Agreement shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 16.3. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to interpret or enforce the Agreement will be held in Indian River County and the Agreement will be interpreted according to the laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute relating to this Agreement. 16.4. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement, at the option of the City, be determined to be void. 16.5. Assignment and Subcontracting. 16.5.1 Assignment of Entire Agreement. No assignment of this Agreement or any right occurring under this Agreement shall be made in whole by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and void and shall be grounds for the City to declare a 26 56 of 68 default of this Agreement and immediately terminate this Agreement by giving written notice to the Franchisee. Upon the date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under this Agreement. 16.5.2. LLeft 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, matters, whether oral or written, relating to such matters and this Agreement shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co- partners or joint venturers between the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchisee otherwise. 16.9. Representations of the Franchisee. The Franchisee represents that: (a) it is a corporation duly organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter' of the document. 27 57 of 68 16.11. Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager, each of whom shall be designated and identified to the other party, in writing, upon execution of this Agreement. Any notice, demand, communication, or request required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attention: City Manager Copy to: City Attorney As to the Franchisee: Waste Management Inc. of Florida c/o Harris Sanitation 7382 Talona Drive West Melbourne, Florida 32904 Attention: District Manager Copy To: Waste Management Inc. of Florida 2700 NW 48th Street Pompano Beach, Florida 33073 Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e.; printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 16.13. 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 58 of 68 Attest: Witness Signature: Print Name: Witness Signature: Print Name: STATE OF FLORIDA COUNTY OF CITY OF SEBASTIAN By_ Date: FRANCHISEE: gy Name and Title: (AFFIX CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of , 2002 by as of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He /she is personally known to me or has produced as identification. (NOTARY SEAL) NOTARY SIGNATURE: PRINTED NOTARY SIGNATURE Notary Public, State of Commission Number: My Commission Expires: 29 59 of 68 S Z E Exhibit "A" City of Sebastian - Solid Waste Franchise Sebastian Effective 7/1/2013 F R E Q U E N C Y /Innhviaa Cnntninar SP/Vire r.harnal 6% Franchise Fee included in all charges 3.45 Billed Cubic Yard 0.00 Billed Loose Yard 0.00 fuel Surcharge per Account/Rate adjustment procedure 13.80 Billed Cubic Yard Compactor (Harris Same) FEL Compactors 8.00 Billed extra pickup per FEL cubic yard 24.00 Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT - BILLED: One Cart 2x Wk Each Addt / Cart 96 Gallon 1 $15.901 $15.90 RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT- BILLED: Additonal Cart Garbage 2x Yard Trash 1x Total Quarterly Quarterly Single Home $11.181 $0.001 $11.181$ 33.54 1 $33.54 WM 64 Gallon Cart - Default WM 36 Gallon Cart - Option [Residential Cart Delivery or Removal Charge - stop service or add'i cart 1 $25.001 Lost Cart/Customer Abuse Charge I 1 1 $75.001 Note: Handicap "backdoor" service at above rates. No additional cost. Container Ceiling Pull Service Rnlloff Service Rat-- Charge 15 Yard Open Top Per Pull 1 2 3 4 5 6 Container Service XPU 2 46.38 76.28 106.18 136.08 165.98 195.88 16.48 16.00 3 61.33 106.18 151.03 195.88 240.73 285.58 16.48 24.00 4 76.28 136.08 195.88 255.68 315.48 375.28 16.48 32.00 6 106.18 195.88 285.58 375.28 464.98 554.68 16.48 48.00 8 136.08 255.68 375.28 494.88 614.48 734.08 16.48 64.00 6% Franchise Fee included in all charges 3.45 Billed Cubic Yard 0.00 Billed Loose Yard 0.00 fuel Surcharge per Account/Rate adjustment procedure 13.80 Billed Cubic Yard Compactor (Harris Same) FEL Compactors 8.00 Billed extra pickup per FEL cubic yard 24.00 Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT - BILLED: One Cart 2x Wk Each Addt / Cart 96 Gallon 1 $15.901 $15.90 RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT- BILLED: Additonal Cart Garbage 2x Yard Trash 1x Total Quarterly Quarterly Single Home $11.181 $0.001 $11.181$ 33.54 1 $33.54 WM 64 Gallon Cart - Default WM 36 Gallon Cart - Option [Residential Cart Delivery or Removal Charge - stop service or add'i cart 1 $25.001 Lost Cart/Customer Abuse Charge I 1 1 $75.001 Note: Handicap "backdoor" service at above rates. No additional cost. Container Ceiling Pull Service Rnlloff Service Rat-- Charge 15 Yard Open Top Per Pull $192.73 $99.00 20 Yard Open Top Per Pull $192.73 $99.00 30 Yard Open Top Per Pull $192.73 $99.00 40 Yard Open Top Per Pull $192.73 $99.00 20 Yard or less COMPACTION Containers Per Pull $192.73 $120.00 21 to 40 yard COMPACTION containers Per Pull $192.73 $120.00 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES Minimum one haul per month, no container service charge 60 of 68 13.22. Compressed Natural Gas Fueling Station. Franchise shall construct, operate and maintain a full service compressed natural gas fueling station in the City limits of the City of Sebastian, Florida if the following conditions are met: A. Franchisee shall be awarded a continuing exclusive franchise for solid waste collection in Indian River County during the term of this Agreement or any extension hereof and such franchise has a term of at least three years; B. Franchisee and City shall negotiate in good faith to locate or provide City property for station location and such property, zoning and all restrictions related to the property and the costs associated with its procurement are acceptable to Franchisee in its reasonable discretion, C. Natural gas infrastructure is reasonably extended to the potential fueling station site; and, D. Franchisee agrees to design fueling station according to City land development regulations-, and E. The parties enter into a definitive agreement regarding the property that- ., addresses all issues raised by either party after the specific property is identified. \'4 "' tAU-r 6HNK6C-5 { Formatted: List Paragraph, Left, i Space After: 0 pt, Add space between paragraphs of the same style, Line spacing: single, No l bullets or numbering Formatted: Indent: Left: 0.75 ", No I bullets or numbering Deleted: 61 of 68 Subject of ;�97� IE8TKN HOME OF PELICAN IRAN[ AGENDA TRANSMITTAL Open Brun Request for Submittal by: int&,�City Manager SUMMARY Agenda No. I ZA -13-0 q Department Origin, City Manage Administrative Srvc: City Attorney: City Clerk: � ' Date Submitted: 6 JUNE 13 For Agenda Of: 12 JUNE 13 Pursuant to Section 42 -48 of the Code of Ordinances, Jane Schnee is requesting an open burn of her property located off Barber Street in order to improve Scrub Jay habitat. Ms. Schnee will be present with representatives from Florida Fish and Wildlife to make a presentation on open burn methods. RECOMMENDATION Staff recommends denial of the open burn due to the proximity of residential structures and Barber Street. 62 of 68 PART II - CODE OF ORDINANCES Chapter 42 - FIRE PREVENTION AND PROTECTION ARTICLE III. - FIRE PREVENTION CODE Sec. 42 -48. - Control of open burning. (a) Open burning restrictions. No person shall cause, suffer, allow or permit open burning except as provided herein. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to extinguish or otherwise terminate and abate any open burning which has originated through any cause whatsoever upon any premises owned, occupied or under the control of such person or upon premises upon which such person is carrying out any operation or activity. (b) [Exceptions.] The following are exceptions and restrictions against open burning: (1) Campfires used solely for recreational purposes, warming fires for outdoor workers, fires for noncommercial cooking, and small fires for ceremonial purposes are allowed anywhere within the city without any permit from any governmental body provided that the fire does not create excessive smoke or cause a nuisance in any manner. Small household trash and household paper product fires are prohibited. (2) Open burning of vegetation and wood materials resulting from land clearing. Open burning of wood and vegetation piled up during a land clearing operation may be permitted provided all of the following conditions are complied with: a. The burning shall first be approved by the division of forestry, the fire chief and city council; in order to approve a request to allow open burning under this subsection, the city council must find that it is in the public interest; b. All of the requirements of chapter 17 -5 of the Florida Administrative Code must be met; c. An air curtain incinerator permitted by the state and county must be utilized in connection with burning of materials; d. The fire shall be at least 1,500 feet from the nearest occupied building and at least 150 feet from the nearest public road, unless the council finds that a lesser distance is both reasonably necessary and safe; e. The piles of materials to be burned shall burn out completely one hour before sunset; f. Burning shall be conducted only on days of low pollution potential, when the drought index is below 500, and only between the hours of 9:00 a.m. and 4:00 p.m. on such days; g. Smoke shall not blow over a road to obstruct vehicular traffic; h. Air traffic shall not be obstructed; i. Prior authorization shall be obtained from the division of forestry, the chief of the fire department and the city building official; j. Only clean fuel not containing garbage, rubber, plastics or other refuse shall be allowed for the start-up of fires; and Sebastian, Florida, Code of Ordinances Page 1 of 2 64 of 68 PART II - CODE OF ORDINANCES Chapter 42 - FIRE PREVENTION AND PROTECTION ARTICLE 111. - FIRE PREVENTION CODE k. The burning of tires, other rubber materials, roofing materials, plastics and creosoted wood are prohibited. (3) Open burning shall be allowed by governmental agencies when necessary to accomplish a police -power purpose, upon notice to the city. (c) Cancellation of tires. Any police officer, fire department officer or code enforcement officer of the city may order the immediate termination of any outdoor fire within the city limits if weather conditions change, whereby a fire may constitute a danger of wildfire, air pollution or other nuisance. (Code 1980, § 11 -19; Ord. No. 0- 96 -16, § 1, 10 -9 -96; Ord. No. 0- 99 -37, 12 -1 -99; Ord. No. 0- 03 -15, § 1, 11- 12 -03) Sebastian, Florida, Code of Ordinances Page 2 of 2 65 of 68 DATE: June 5, 2013 13A - /?. 006 TO: Honorable Mayor Bob McPartlan & Members of the Sebastian City Council FROM: Robert A. Ginsburg, City Attorney RE: 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 Ta ri 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 Kelly Ketcham, William Carrol, Angela McNair & Dawn Sparling Motor Vehicle Accident. 12/17/2012 66 of 68 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 Case Pending Morris, Dean, Ringers, accident. Morgan, Lawton Fall on Case Pending Morris, Dean, Ringers, Edward T. Clarke v. City of sidewalk. Morgan, Lawton Sebastian The City is also a party to several foreclosure and bankruptcy cases as a result of filed municipal liens. 67 of 68 are Of NOME OF PWCAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Charter Officer Evaluation in Accordance with R -10 -05 Agenda No: IIPA - 13.0% Department Origin: City Cler 9--,� for Submittal by: Date Submitted: 6/5/13 j For Agenda of: 6/12/13 , City Manager I City Attorney: Exhibits: R -10 -05 SUMMARY STATEMENT In accordance with R- 10 -05, "City Council shall at a meeting in June of each year, publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk under City Council matters." 68 of 68