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01-13-2016 CRA Agenda w Council
imp SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 13, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION — Reverend Dave Newhart, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE — Led by Mayor Gillmor 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. 16.001 A. Proclamation — Children's Week — Accepted by Jacki Jackson, CEO, Early Learning 5 Coalition 16.002 B. Proclamation — National School Choice Week — January 24 - Accepted by Dr. Martha 6 McAdams, Sebastian Charter JHS 16.003 C. Proclamation — Dr. Martin Luther King Jr. Birthday Observance - January 18, 2016 — 7 Accepted by Vice Mayor Jerome Adams 16.004 D. Sebastian Clambake Foundation — Presentation of Proceeds Checks to Recipients 16.005 E. CNG Presentation by Jim Hayhurst, Business Development Director, ACF Power F. Brief Announcements • 1116/15 & 1/16116 — Sebastian Fine Art and Music Festival — IR Drive/Riverview Park Area • 1/18/16 — City Hall Closed for Dr. Martin Luther King Jr. Day • 1/21116 through 1/24/16—Fellsmere Frog Leg Festival RECESS COUNCIL MEETING/CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Call to Order and Roll Call 8-9 B. Approval of 10/14/15 CRA Minutes Excerpt Win Council Minutes (Page) 10-22 C. Approve Wastewater Hook -Up Grant Application of $5,000 to Allen Properties LLC — Wendy's, 1625 US Highway One (Transmittal, Application, Deed, Tax Receipt, Construction Plan, Budget Account Summary) 23-72 D. Award CRA Landscape Services Agreement to Ameron (Transmittal, 15-12 Statement of Qualifications, Conlon Bid, Ameron Bid, Agreement) E. Adjourn CRA Meeting 1 of 140 Regular City Council/CRA Meeting October 14, 2015 Page Two 15.155 B. Proclamation — Domestic Violence Awareness Month — IRC Sheriff Deputy Eric Flowers, Lewana Dupree and and Laura Saputo Accepting Mayor Gillmor read and presented the proclamation to Linda Hengerer, Safespace Board of Directors and President -Elect, who briefly described the program which serves Indian River, St. Lucie and Martin Counties to provide a secure location for victims of domestic violence. She noted that every day two women lose their lives in the United States to domestic violence at the bands of a domestic partner, and in Indian River County alone there were almost 2 calls every day to the Sheriff's Office from someone in fear for their life. She said Safespace has a 48 bed emergency shelter, an outreach progam in all three counties, and facilities for woman with and without dependent children. She said the City's support is appreciated. 15.156 C. Will Collins Presentation - Third Annual Captain Hiram's River Challenge — Novem'ber 22. 2015 Will Collins, Captain Hirams, Sebastian, gave a brief presentation on the planned Third Annual Captain Hiram's Triathlon, said he hoped to leave with Council approval, described the event as a fundraiser to raise awareness for organizations that support the Lagoon, listed the agencies to whom they contribute, and said the event is a great showcase for the City of Sebastian. He said the Sebastian PD and CRC Sheriffs have lent great support. In response to Ms. Coy, the City Manager said we are all set to go to support the event. Mr. Collins said there will be no road closures as the competitors flow with the traffic, with police support and the event finishes by 9 am. D. Brief Announcements • Saturday and Sunday, October 24 — 25 Skydive Sebastian Festival at Airport — also first indoor show Art Club in the Art Center next door to City Halt • Thursday, October 29, 2015 — Sebastian River HS Homecoming Parade 4 pm — Indian River Drive from Main Street to Riverview Park for Pep Rally • Saturday, October 31, 2015 — Sebastian River Middle School 5K Run Indian River Drive start Riverview Park • Saturday, October 31, 2015 — City Halloween Costume Contest in Riverview Park East Side 10 am • Friday through Sunday, November 6-8 -- Sebastian Clambake Festival in Riverview Park • Captain Hiram's River Challenge — November 22, 2015 Mayor Gillmor read the announcements above. 7. Recess City Council Meeting and Convene as Community Redevelopment Agency A. Approval of September 23, 2015 CRA Minutes Excerpt of Council Minutes (Minutes Excerpt) Mayor Gillmor recessed the City Council meeting and convened the CRA Meeting at 6:17 pm. City Council acts as the CRA. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the September 23, 2015 CRA minutes passed on a voice vote of 4-0 (Hill — Absent) 2 Regular City Council/CRA Meeting October 14, 2015 Page Three B. Award Facade, Sign and Landscape Grant to Acorn Storage, 189 Sebastian Boulevard 50% of Cost up to $7500 for Monument Sign (Transmittal, FSL Grant Funds Summary, Summary of Staff Review Meeting, Application w/Backup) Planner, Jan King gave a brief presentation on the request from David Famie, Acorn Storage, for a sign grant to replace an existing non -conforming sign with a monument sign, noting the design is provided in the packet, said the application meets the grant requirements and recommended approval. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the Acorn Storage sign grant. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0 Mayor Gillmor said this is what the program is for, to replace old non -conforming signs, and Ms. Coy said look around and see what has been done in Sebastian with this grant money to replace all the old high signs with lower monument signs, and thanked all the applicants. 8. Adjourn Community Redevelopment Agency Meeting and Reconvene as City Council Mayor Gillmor adjourned the CRA meeting and reconvened the City Council Meeting at 6:20 p.m. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — September 23, 2015 Regular Meeting 15.157 B. Award Continuing Professional Engineering Services Contracts to MBV, Michael Baker, Hoyle Tanner, and Schulke, Bittle and Stoddard, and Airport Engineering Services to Hoyle Tanner, Michael Baker, TKDA and Infrastructure Engineer for Three Years with Two Optional One Year Extensions (Transmittal, Scoring Summary, Contract) 15.158 C. Approve Agreement with FPL for Underground Improvements at Sebastian Municipal Airport and Sebastian Municipal Golf Course and Authorize City Manager to Execute — No Cost to City (Transmittal, FPL Agreement) 15.040 D. Approve Cost Share Agreement with St. Johns River Water Management District (SJRWMD) for Working Waterfront Drainage Improvements in the Amount of $46,200 with City Cost of $93,800 for Total Project Cost of $140,000 — Authorize City Manager to Execute and Proceed to Permitting and Construction Phase (Transmittal, Cost Share Agreement) Regular City Council/CRA Meeting October 14, 2015 Page Two 15.155 B. Proclamation — Domestic Violence Awareness Month — IRC Sheriff Deputy Eric Flowers, Lewana Dupree and and Laura Saputo Accepting Mayor Gillmor read and presented the proclamation to Linda Hengerer, Safespace Board of Directors and President -Elect, who briefly described the program which serves Indian River, St. Lucie and Martin Counties to provide a secure location for victims of domestic violence. She noted that every day two women lose their lives in the United States to domestic violence at the bands of a domestic partner, and in Indian River County alone there were almost 2 calls every day to the Sheriff's Office from someone in fear for their life. She said Safespace has a 48 bed emergency shelter, an outreach progam in all three counties, and facilities for woman with and without dependent children. She said the City's support is appreciated. 15.156 C. Will Collins Presentation - Third Annual Captain Hiram's River Challenge — Novem'ber 22. 2015 Will Collins, Captain Hirams, Sebastian, gave a brief presentation on the planned Third Annual Captain Hiram's Triathlon, said he hoped to leave with Council approval, described the event as a fundraiser to raise awareness for organizations that support the Lagoon, listed the agencies to whom they contribute, and said the event is a great showcase for the City of Sebastian. He said the Sebastian PD and CRC Sheriffs have lent great support. In response to Ms. Coy, the City Manager said we are all set to go to support the event. Mr. Collins said there will be no road closures as the competitors flow with the traffic, with police support and the event finishes by 9 am. D. Brief Announcements • Saturday and Sunday, October 24 — 25 Skydive Sebastian Festival at Airport — also first indoor show Art Club in the Art Center next door to City Halt • Thursday, October 29, 2015 — Sebastian River HS Homecoming Parade 4 pm — Indian River Drive from Main Street to Riverview Park for Pep Rally • Saturday, October 31, 2015 — Sebastian River Middle School 5K Run Indian River Drive start Riverview Park • Saturday, October 31, 2015 — City Halloween Costume Contest in Riverview Park East Side 10 am • Friday through Sunday, November 6-8 -- Sebastian Clambake Festival in Riverview Park • Captain Hiram's River Challenge — November 22, 2015 Mayor Gillmor read the announcements above. 7. Recess City Council Meeting and Convene as Community Redevelopment Agency A. Approval of September 23, 2015 CRA Minutes Excerpt of Council Minutes (Minutes Excerpt) Mayor Gillmor recessed the City Council meeting and convened the CRA Meeting at 6:17 pm. City Council acts as the CRA. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the September 23, 2015 CRA minutes passed on a voice vote of 4-0 (Hill — Absent) 2 Regular City Council/CRA Meeting October 14, 2015 Page Three B. Award Facade, Sign and Landscape Grant to Acorn Storage, 189 Sebastian Boulevard 50% of Cost up to $7500 for Monument Sign (Transmittal, FSL Grant Funds Summary, Summary of Staff Review Meeting, Application w/Backup) Planner, Jan King gave a brief presentation on the request from David Famie, Acorn Storage, for a sign grant to replace an existing non -conforming sign with a monument sign, noting the design is provided in the packet, said the application meets the grant requirements and recommended approval. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the Acorn Storage sign grant. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0 Mayor Gillmor said this is what the program is for, to replace old non -conforming signs, and Ms. Coy said look around and see what has been done in Sebastian with this grant money to replace all the old high signs with lower monument signs, and thanked all the applicants. 8. Adjourn Community Redevelopment Agency Meeting and Reconvene as City Council Mayor Gillmor adjourned the CRA meeting and reconvened the City Council Meeting at 6:20 p.m. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — September 23, 2015 Regular Meeting 15.157 B. Award Continuing Professional Engineering Services Contracts to MBV, Michael Baker, Hoyle Tanner, and Schulke, Bittle and Stoddard, and Airport Engineering Services to Hoyle Tanner, Michael Baker, TKDA and Infrastructure Engineer for Three Years with Two Optional One Year Extensions (Transmittal, Scoring Summary, Contract) 15.158 C. Approve Agreement with FPL for Underground Improvements at Sebastian Municipal Airport and Sebastian Municipal Golf Course and Authorize City Manager to Execute — No Cost to City (Transmittal, FPL Agreement) 15.040 D. Approve Cost Share Agreement with St. Johns River Water Management District (SJRWMD) for Working Waterfront Drainage Improvements in the Amount of $46,200 with City Cost of $93,800 for Total Project Cost of $140,000 — Authorize City Manager to Execute and Proceed to Permitting and Construction Phase (Transmittal, Cost Share Agreement) mvc+f SEBA"AN HOME OF PEUCAN ISIAND CRA MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION: COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL FORM 13 January 2016 Wastewater Hook -Up Grant Application Allen Properties LLC (Wendy's) 1625 U.S. 1 Approve grant application for $5,000 BACKGROUND: The Sebastian Community Redevelopment Agency (CRA) established a Wastewater Hook -Up (WWHU) Grant Program on 09 January 2013 to encourage the removal of private septic systems and lessen the nutrient loading of the Indian River Lagoon. In accordance with the WWHU Grant Program, Allen Properties LLC, owner of Wendy's, has made application for the $5,000 grant for a their business located at 1625 U.S. 1. A complete grant application has been provided, including a copy of the deed, proof of taxes paid, and a wastewater connection design plan signed and sealed by James Wesley Mills, P.E. of Mills, Short & Associates. The property is experiencing a major failure of the existing septic system. The Health Department has implemented emergency measures which involve mandated pumping of the tank to allow the restaurant to remain open. The grant program requires approval of the grant award prior to all sanitary improvements. Staff has approved the site plan modification in response to this emergency situation, and request special consideration by the CRA in this regard. In addition, staff has provided a budget account summary for the overall program. If Agenda Item Requires Expenditure of Funds: Total Cost: $5,000 Amount Available in Current FY: $115,000 If Cost Requires Appropriation: NIA Administrative Services Department/CFO Review: ATTACHMENTS: 1. Application v 2. Deed 3. Tax receipt 4. Construction plan 5. Budget account summary City Manager Authorization: _ Date: 7X; "�G SEBASTIAN CRA - WASTEWATER NOOK -UP GRANT PROGRAM SEBASTIAN CRA — WASTEWATER HOOK-UP GRANT PROGRAM GRANT APPLICATION 1. APPLICANT INFORMATION Name of Applicant: Allen Properties LLC Address of Property: 1625 US Hoghway 1 Sehastain, FL 32458 Phone Number: Cell Number: E-mail Address: MAllenarmaoroo _rties_nnm 2. PROJECT LOCATION Address of Property: 1625 US Highway 1 Sebastian, FL 32958 Parcel Number(s): 30382100001999900034.0 3. DESCRIPTION OF PROPOSED IMPROVEMENTS • •••-• • , •� • ll• • 1- =11,1917- • .�. �• • - �' force main. 4. SUBMITTALS Applications must include the following materials for consideration by the City: Assessor Parcel Number Proof of Paid Property Taxes Applicant Information Project Location Description of Proposed Improvements Design Plan Signed and Sealed by a Professional Engineer Approved by CRA Board — TDB Page 4 SEBAS77AN CRA - WASTEWATER NOOK -UP GRANT PROGRAM S. ESTIMATED COST Please provide information on the following items A. Estimate of Current Septic System Closure $ B. Estimate of Connection to Public Treatment Facilities $ C. Permitting $ D. Design Costs $ TOTAL ESTIMATED PROJECT COSTS $60,000.00 Has the applicant applied for other regulatory grant funding to remove the targeted septic system? (Please check appropriate answer) YES x NO If Yes, please answer the following questions: Who was the grant award from? How much was the total award? 6. ESTIMATED TIME TO ACHIEVE PROJECT MILESTONES Please provide information on the following items: ITEM Design Project Permitting Construction Final Inspection Application for Reimbursement This Section for City Use Only Date Application Received. Date Application Reviewed. Recommendation to CRA: Action by CRA: ESTIMATED DATE Approved by CRA Board — TDB Page 5 SEBASTZAN CRA — WASTEWATER HOOK-UP GRANT PROGRAM SEBASTIAN CRA — WASTEWATER HOOK-UP GRANT PROGRAM GRANT REIMBURSEMENT REQUEST FORM 1. APPLICANT INFORMATION Name of Applicant: Allen Properties Address of Property: 1625 US Highway Sebastian, FL 32958 Phone Number: Cell Number: E-mail Address: MAIIenCaDrmaproperties. com 2. PROJECT LOCATION Address of Property: 1625 US Highway SPha t� ain, FI .19PSA Parcel Number(s): 30382100001999900034.0 3. GRANT REIMBURSEMENT AMOUNT A. Grant Award Amount $ B. Final Cost $ TOTAL AMOUNT REQUESTED $ 59000.00 This Section for City Use Only Date Grant Awarded by CRA: Date improvements Passed Inspection: Amount Awarded: Amount to be Reimbursed: Date of Payment. Approved by CRA Board — TDB Page 6 RIVER CO FL, BK: 2044 PG: 2160, 06/13/2006 02:41 PM DOC STAMPS D $2805.46 PREPARED BY AND RETURN TO: Doug Marek, Esq. BROAD AND CASSEL 7777 Glades Road, Suite 300 Boca Raton, Florida 33434 (561)483-7000 Property Appraisers Parcel Identification (Folio) Number: -30-38-21-00001-9999-00034/0 SPECIAL WARRANTY DEED THIS INDENTURE, made and executed as of this IF� day of June, 2006, by COASTAL FOODS, INC., a Tennessee corporation, whose address is 10242 Kingston Pike, Knoxville, TN 37922 ("Grantor") to ALLEN PROPERTIES, LLC, a Florida limited liability company, whose address is 1106 N.E. Industrial Boulevard, Jensen Beach, Florida 34957 ("Grantee"). WITNESSETH: Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to Grantor by Grantee, the receipt and sufficiency of which are hereby acknowledged, grant, bargain, sell and convey to Grantee, and Grantee's successors and assigns forever, the land, situate, lying and being in Indian River County, State of Florida, as more particularly described on Exhibit A attache4 hereto and made a part hereof. TOGETHER with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; and TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor will warrant and defend the Property against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other, and that the Property is free of all encumbrances, except for (i) taxes accruing subsequent to December 31, 2005, (ii) for matters as they appear in the Public Records of Indian River County, Florida, including not necessarily limited to those matters listed on Exhibit "B" attached hereto and by this reference made a part hereof, provided that this reference shall not serve to reimpose same, (iii) any state of facts that would be disclosed by an accurate survey or independent inspection of the property conveyed hereby; and (iv) all applicable building and caning ordinances, laws, regulations and restrictions by municipal or other governmental authority. [SIGNATURES APPEAR ON FOLLOWING PAGE] 130csVW-ALEM193294.2 364700= [SIGNATURE PAGE TO SPECIAL WARRANTY DEED] IN WITNESS WHEREOF, the Grantor have caused this Special Warranty Deed to be executed the day and year first above written. Signed, sealed and delivered in the presence of: goo r a -.- GRANTOR: Coastal Foods, Inc., a Tennessee corporation By: Name: Title: C�1A3X_ a- 1; ,44 - STATE OF F nda.. COUNTY OF teach The foregoing instrument was acknowledged before me this �Y of June, 2006, by �uSS�.l.1 Pol.�,e1 iCw-. Viae_ Pres, of Coastal Foods, Inc., a Tennessee corporation, who is personally known to me or has produced driver's licenses as identification. Notary Pubic e0C,WXALEsn193294.2 35a70A)= a�rRoo�tiEz My corMssiaa goo I19M EXPIRES: 8VMmb9r2Q,2M6 RM, IN EXHIBIT A Legal Description A 200 foot parcel described as part of land shown on map of Wauregan of Fleming Grant made by S. B. Carter and filed in the land records of Brevard County, Florida, now Indian River County, Florida, lying West of New U.S. Highway No. 1 and South of 9th Street as follows: From the Southwest corner of 9th Street and New U.S. Highway No. 1, run Southerly along the West right of way line of New U.S. Highway No. 1, a distance of 1050.0 feet to the Point of Beginning. From said Point of Beginning, continue Southerly along the West right of way line of New U.S. Highway No. 1, a distance of 200 feet; thence run Westerly on a line parallel with 9th Street to the East right of way line of the Florida East Coast Railroad, a distance of 250.35 feet; thence run along the East right of way of the Florida East Coast Railroad in a Northwesterly direction, a distance of 205.06 feet; thence run Easterly on a line parallel to the South right of way line of 9th Street, a distance of 270.55 feet to the Point of Beginning. All of the above situate in the North half of the Northeast quarter of Section 30 of the Fleming Grant, Indian River county, Florida, as recorded in Plat Book 1, page 178, Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida. WCUCORMEC1IM&M1 3WQ=1 EXHIBIT 66B" PERMITTED EXCEPTIONS 1. Taxes for the year 2006, which are not yet due and payable. 2. Easement to Indian River County, Florida recorded in Official Records Book 1533, Page 745, Public Records of Indian River County, Florida. 3. Grant of Easement in favor of Indian River County, Florida recorded in Official Records Book 837, Page 1443, Public Records of Indian River County, Florida. 4. Non -Exclusive Easement recorded in Official Records Book 743, Page 1692, Public Records of Indian River County, Florida. 5. Easement in favor of Indian River County, Florida recorded in Official Records Book 1533, Page 745, Public Records of Indian River County, Florida. 6. Matters shown on survey by James A. Fowler Land Surveying Company, including, but not limited to the following: Encroachment of Eight inch (8") block retaining wail over the South boundary line of the insured property. 7. Resolution No. 2000-150 recorded in Official Records Book 1372, Page 420, Public Records of Indian River County, Florida. 130cIU2EALESM93Z94.2 3UTO M Bill history - Real Estate Acco11nt at 1625 US HIGHWAY 1, SEBASTIAN 32958 - TaxS... Page 1 of 3 Bill Histo — Real Estate Account At 1625 US HIGHWAY 1 SEBASTIAN 32958 Print this pace Real Estate Account #30-38-21-00001-9999-0003410 ON Parcel details J Latest bill _,,I Full bill history __' Get Bills by Email Amounts as o/ 12/15/2015 Bill _! 2015 Annual Bill 2014 Annual Bill 2013 Annual Bill -� 2012 Annual Bill 2011 Annual Bill 2010 Annual Bill 2009 Annual Bill 2008 Annual Bill 2007 Annual Bill 2006 Annual Bill 2005 Installment Bill 44 2005 installment Bill #3 2005 Installment Bill 02 2005 Installment Bill #1 A Redeemed certificate 98 2004 Annual Bill A Redeemed certificate #5 2 2003 Annual Bill Balance 06/19/2006 Certificate redeemed $0.00 12/02/2015 Paid $14,521.08 Receipt 0181-00027214 �'! Print (POF) Effective 11/30/2015 Advertisement file created `1 $0.00 11/24/2014 Paid $14,389.84 Receipt #181-00018997 p Print (PDF) $0.00 12/07/2013 Paid $13,928.10 Receipt #181-00026954 �`i Print (PDF) Face $13,033.23 Effective 11/3012013 Certificate redeemed $0.00 12/04/2012 Paid $13,764.21 Receipt #181-00029227 p Print (PDF) Effective 11/30/2012 Advertisement file created $0.00 12/06/2011 Paid $13,460.17 Receipt #181-00025068 O`' Print (PDF) Effective 11/3012011 $0.00 12/01/2010 Paid $13,495.56 Receipt #2010-9226613 81 Print (PDF) Effective 1113012010 `J $0.00 12102/2009 Paid $17,390.49 Receipt 92009-9224450 Q7 Print (PDF) Effective 111302009 $0.00 12/01/2008 Paid $16,758.71 Receipt #2008-9223779 ©` Print (PDF) Effective 11/28/2008 J $0.00 11/30/2007 Paid $16,946.05 Receipt #2007-9226357 p'' Print (POF) $0.00 12/26/2006 Paid $18,970.17 Receipt #2006-9235167 p7 Print (PDF) $0.00 08/19/2006 Paid $2,416.27 Receipt #2005-1701155 B Print (PDF) $0.00 01/03/2006 Paid $2,039.79 Receipt #2005-1600920 W Print (PDF) Effective 12/30/2005 $0.00 10/03/2005 Paid $2,872.77 Receipt #2004-9201363 6� Print (PDF) Effective 09/30/2005 $0.00 07/06/2005 Paid $2,827.65 Receipt #20049154838 W: Print (PDF) Effective 06130/2005 2002 Annual Bill Total Balance Amounts as of 12/15/2015 VISA M. Face $2.295.26 06/19/2006 Certificate redeemed Rate 0.25% 06/01/2006 Certificate issued 05/01/2006 Advertisement file created Paid $10,156.48 $0.00 08/19/2006 Paid $13,691.14 Receipt #2005-1701154 p" Print (POF) Face $13,033.23 06/19/2006 Certificate redeemed Rate 0.25% 05/31/2005 Certificate issued 05/01/2005 Advertisement file created $0.00 04101/2004 Paid $11,556.87 Receipt 02003-9152445 O ! Print (PDF) Effective 03/312004 $0.00 04/03/2003 Paid $11,188.70 Receipt #2002-9149201 8'? Print (PDF) Effective 031312003 `J $0.00 !O! https://www.indianriver.county-taxes.comlpublic/real estate/parcels/30-38-21-00001-999... 12/15/2015 S w ..a Y,'M=iN7� 10 Y1 NOO 1N3W3AVd 1'IdHdSV rvusM p NOLL33S 1N3W3AVd 313aO OO 7T•aAd 101 V0011 tE71t Tf/MAH 101 7�:tp..a1 Atm niaooaawialvaa>ai1 1wAoom mwa/rniovKwaauieluo►rolaaekw 1naw,wfavarwlw wma,l.•1wloata•le�,tomw/nJ C3A 3'T?1f 0 0011Rf'Oa wold•lO ow akJ1Nw'aN1am m-_ Yl•AIC/Oa AYQOf�CIMIfNO1QI1�W11DJ Y171 WIVW l W � MOlan7 �40sJa tl01tlQOw1 J 1,siamllu�Iu11a1ata1ol♦1ve1J uulxwamanetao 'Al 3dAl -IM30 NOLLVM.LSNI 3ON3d 111S LIIO11aa 31,M.11, s•Aa .I 1 Y1113717[ ��� livi 30 2N913M00 110YM"p1�� RIOAf Na 11t11.301N3WNOQNVSV NNH1 OI1d3S 1M071 M"'• arnroAw•1 J1 IN.e tdl/.111111Ua>rll itva110 wowasoUo/ iir 71N1110MN•1lQI 7MI171Im 17 bOliYal/M W1 OOaMIDII,lt `. 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M 0 Al UWA Ino pWW A3N3043013 f �•xfc 13M; I :!K . 31IVA rQdV fGdO OW MR 910130 n3WV MVVArrW NVId — 113M 13M 9 nNrnm Jig Sdftld FQ" A is jowfu AdN Z 30M 71.3 FW N3dO 001 KIM 001200 S=, nmNmw 9 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY Wastewater Hook -Up Grant Program Account Summary To Date Total funding in program Less funds awarded $200,000 90,000 Available Funds Remaining $110,000 *If approved by CRA Inclusive through 13 January 2016 Grants Funding Date Awarded Funds Awarded Funds Disbursed Funds to be disbursed 2014/2015 Budget Fund 100,000 American Le ionNFW 807, 815 Louisiana Av 12-10-14 50,000 900 499100 14-WWHU-1 Sebastian Center 1627 U.S. 1 3-25-15 59000 51000 15-WWHU-2 Sebastian River Properties (Priep residence) 1001 Indian River Dr 3-25-15 51000 5,000 15-WWHU-3 No Name Bar 490 U.S. 1 4-22-15 5,000 1 51,000 15-WWHU-4 Del's Barber Shop 1413 N. Central Av 5-27-15 53,000 51,000 15-WWHU-5 River Oaks Townhome Assoc. 15 townhouses — 2 systems) 732 Cleveland St 6-24-15 10,000 10,000 15-WWHU-1 Titone Properties, LLC (residence) 1753 Indian River Dr 7-22-15 51000 5,000 2015/2016 Budget Addition 1003000 15-WWHU-6 Wendy's * 1625 U.S. 1 1-13-16 5,000 5,000 Totals 200.)0001 90,000 1 900 89,100 Total funding in program Less funds awarded $200,000 90,000 Available Funds Remaining $110,000 *If approved by CRA Inclusive through 13 January 2016 mlL HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL FORM CRA MEETING DATE: 13 January 2016 AGENDA ITEM TITLE: CRA Landscape Services RECOMMENDATION: Award Ameron Services CRA contract BACKGROUND: It is well established that the CRA district, and especially the Riverview Park area, is the centerpiece of Sebastian. It is our collective mandate to project the best image possible for the CRA in order to uphold the tenets of CRA principles. Foremost is the requirement that designation of a CRA will promote business development and the rejuvenation of the CRA district. For too long landscape standards in the CRA have been compromised by additions to park areas in other parts of the City resulting in stress on Public Works to adequately service all requirements. As a result of management trying to balance all landscape issues, Staff initiated a bid process to identify a commercial landscape company to service the CRA district exclusively. In October 2015, Staff issued a Statement of Qualification in order to identify qualified commercial landscape operators. As a result of that solicitation, two (2) companies were identified: 1. Conlon Landscaping and, 2. Ameron Services. Both firms were interviewed by staff and found to be qualified. The request was made for both firms to submit price quotes after specifications and separate tours of the area were given. Ameron's price submission was the low bid at $156,450 per year. In order to adequately evaluate Ameron's proposed performance, a trial period was established from 14 December 2015 through 09 January 2016. The company has exceeded expectations and staff is recommending that Ameron Services be awarded the CRA landscape services contract. If Agenda Item Requires Expenditure of Funds: Total yearly Cost: $156,450 Total Cost current FY: $110,819 Appropriation Required: Cancel Riverview Park Sidewalks: $50,000 Cancel General Fund Transfer; $43,333 Cancel US 1 Landscaping Grant; $17,4886 Administrative Services Department/CFO Review: 1 ATTACHMENTS: 1. 15-12 Statement of Qualification 2. Conlon Bid 3. Ameron Bid 4. CRA Landscape Servi City Manager Authorization: Date: 06 January 2016 ces Agreement 15-12 STATEMENT OF QUALIFICATION CITY OF SEBASTIAN LANDSCAPE MAINTENANCE SERVICES Procurement: Jean M. Tarbell Executive Assistant City of Sebastian (772) 388-8203 itarbeH ,cityofsebastian.or� Contact Information Project Manager Frank Watanabe City Engineer City of Sebastian (7720 388-8228 fwatanabe(a,cit-yo fsebastian.or October 10, 2015 Information Package CITY OF SEBASTIAN, FLORIDA Statement of Qualifications Landscape Maintenance Services INVITATION The City of Sebastian invites the submittal of a written Statement of Qualifications (SOQ) from professional landscaping firms interested in performing landscape maintenance services for the Sebastian Riverview Park and Veterans Memorial Site. The contract will be administered by the City of Sebastian Public Works Department. Firm qualifications presented in accordance with the requested format will be accepted by the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958 until 2 pm on Wednesday, November 25, 2015. Sealed envelopes should be marked with the following: RESPONSE TO CITY OF SEBASTIAN SOO REGARDING: LANDSCAPE MAINTENANCE SERVICES DUE: BEFORE 2:00 PM on Wednesday, November 25, 2015 Qualified parties interested in responding to this Request for Qualifications may pick up or request a general information package containing a prescribed general format and details relevant to this SOQ from the City Manager's Office at Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958, telephone 772-589-53301772-388-82031 itarbelle-cityofsebastian.orQ (Jean Tarbell, Executive Assistant to the City Manager). Attention is directed to F.S. Section 287.133 (2) (A) "Public Entity Crime" which prohibits certain persons or affiliates who have been convicted of a public entity crime from responding to this invitation. A form is included in the information package for execution and submission with a response to this SOQ. A Drug Free Workplace Form is also included in the information package for execution and submission with a response to this SOQ. Failure to execute and submit the requisite forms with a response to this SOQ will subject the response to disqualification. Questions concerning this SOQ should be emailed to Frank Watanabe, City Engineer at fwatanabea-citvofsebastian.org by November 9, 2015. Consultants interested in submitting a response to this SOQ agree to not contact or "lobby" City Council Members or any employee or agent of the City at any time during the solicitation period and selection process with the exception of directing questions / requests for clarification through the City Engineer. Any other contact with the City in this matter will be considered inappropriate and subject a response to rejection / disqualification. The City reserves the right to reject any or all responses, waive any informality or irregularity on any response if considered non -substantial by the City, and/or to cancel this invitation at will. Responses received after the date and time stipulated herein will be considered late and therefore disqualified. By: Joe Griffin, City Manager I . SCOPE OF SERVICES The scope of services is anticipated to include but not be limited to landscape maintenance to include turf, ornamental and bed services of the Riverview Park and Veteran Memorial Sites within the City of Sebastian Riverfront area. The location of Riverview Park is between US 1 and Indian River Drive and from Sebastian Blvd to Harrison Street. The Veteran Memorial site is at the southwest corner of Harrison Street and Indian River Drive. The successful firm will provide supervision, labor, materials, equipment and transportation as necessary to perform the maintenance of the area. Components of the landscaping maintenance services to be contracted may include the following, but not limited to: Turf Maintenance • Lawn mowing • Trash and debris removed from the site • Spring fertilization and pre -emergent • Post —emergent weed control • Summer fertilization • Rough mowing • Curb and sidewalk edging • Core aeration Ornamental Maintenance • Shrub and hedge trimming • Ground cover trimming • Tree trimming • Winter leaf removals • Tree pruning • Winter tree and shrub fertilizer • Tree and shrub pesticide application Bed Service Maintenance • Mulch application • Ornamental pre -emergent • Weeding • Spring cleaning • Fall cut back • Edging • Irrigation system services Also, please note the following: o All such contract activities would be the subject of a signed Contract Work Order with a negotiated fee and format supplemental to a primary contract agreement. No travel time or travel expenses will be considered billable without special prior arrangement. Normal administrative and/or accounting overhead will be considered as covered by the agreed upon hourly rates for direct professional personnel and will not be considered as separately billable. o The City shall not be held liable for any expenses incurred in connection with the preparation of a response to this SOQ or for any costs associated with any activities involved in presentations and discussions or in preparations and execution of a contract resulting from this SOQ. o The City places significant value on high quality work and performance, timely access and response, scheduling and cost concerns, risk management / loss prevention, early issue identification, flow of information and communications, congenial working relations, adherence to ethical standards, proactive stand-up accountability, and the demonstration of same. 2. FORMAT FOR RESPONSES Following is the requested format for a response to this SOQ. Please keep responses short, concise, to the point, and without excess verbiage, pictures, and/or graphics. Any response deviating significantly from this format is subject to rejection / disqualification. As noted, any questions or comments relating to this proposal need to be submitted to the City Engineer at fwatanabeC�cityofsebastian.org by Monday, November 9, 2015. Submit a package of six (6) copies of a response to this SOQ to Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958, to the further attention of Jean Tarbell, City Manager's Office, no later than 2:00 PM on Wednesday, November 25, 2015. The package and each copy should show the name and contact information of the party responding and be clearly marked as: _RESPONSE TO CITY OF SEBASTIAN SOQ REGARDING: LANDSCAPE MAINTENANCE SERVICES DUE: BEFORE 2:00 PM ON WEDNESDAY. NOVEMBER 25, 2095 Each copy of a response should contain no more than twenty (20) pages including all necessary firm experience, related project experience and resumes of key personnel (with no more than one page per person) may be included in the package. The 20 page limit includes: cover sheet, dividers, pictures/photos, graphics, tabs and any sample plans. Please keep all verbiage to a minimum and make the written content presentation concise and to the point. Required city forms are not counted in the 20 page limit. The proposals should address the following items: o Cover letter will full contact and location information, including the name(s) of owner(s) handling the response to this SOQ; o Summary of the firms experience and qualifications relating to similar local municipal landscape maintenance services (maximum 20 pages); o Statement(s) regarding vision / mission / overall professional and business policies / marketplace position and identity; o Specific types of landscape maintenance projects and work performed with a focus on work that would be similar to this City contract; o Identify the project superintendent/supervisor and those personnel assigned to this weekly maintenance services including the location of office. o Contact information for at least three references from local municipal agencies within last five years (current / recent clients preferred) provide name, address, phone and email of references; 3. EVALUATION PROCESS The evaluation committee will consist of at least three (3) but typically not more than five (5) members from the City staff based upon their past experience in dealing with consultants and association with the various city projects. The evaluation committee will consist of the City Engineer and various staff with an understanding of maintenance services. The evaluation committee will review each of the proposal submitted and score the proposal based on the evaluation format listed below. The following ranking criteria will be used to review and score the proposals. PROFESSIONAL EVALUATION FORMAT FACTORS TO BE RATED: POINT RANGE Based on an evaluation and review of information presented in the submitted SOQ, the staff will rank the firms in order of qualifications. 1. Understanding of the scope of service and the approach proposed to complete weekly maintenance of the park area. (max 25 points) 2. Professional strength and staff of the proposed firm and/or team to handle the maintenance services on a weekly basis. (max 25 points) 3. Financially stability and the ability of firm and crew to be responsive on past similar services and references. (max 25 points) 4. Special resources or capabilities in provide this landscape maintenance services like location of yard/office and transportation of equipment. ( max 10 points) 5. Past working relationship with the City of Sebastian and with other similar local municipal agencies or clients on service. (max 15 points) TOTAL As an option, the City may conduct an interview/oral presentation of the highest ranked firms to determine the final selection. Following such further oral presentation and ranking, the City will then invite the highest ranked qualified firms to negotiate appropriate contract agreement(s) for professional services. The final negotiated contracts will be presented for approval by the Sebastian City Council to award the contracts. DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount for category two, to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name sworn statement) whose business its Federal Employer Identification (FEIN) is no FEIN, include the Social Security Number statement: of the individual of entity submitting address is _ and (if applicable) (If the entity has signing this sworn 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. . 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have indicate ked below is true in lch statement relation to the entity submitting this sworn statement. (Please applies.) Neither the entity submitting this sworn statement, olnor any who are active directors, n executives, partners, shareholders, affiliate employees, the entity shave been charged with and management of the entity, no any convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more f the officers, directors, executives, partners, shareholders, employees, members agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Pleasete which additional statement applies.) There has been a proceeding concerning the conviction before a hearing iser the of the State of Florida, Division of Administrative Hearings. The final hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on convictedthe officer of the State of Florida, There has been a subsequent proceeding before a hearingofficer Division of Administrative Hearings. The final order entered by the affiliate hearing m the determined that it was in the public restperson convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor Services Please describe any action taken by or pending with the Department of Date: STATE OF FLORIDA COUNTY OF (Signature) The foregoing instrument was acknowledged before me this day of (title) on 2015 by ' behalf of (name of partnership), a partnership. He/she is personally as identification and did (} did not known to me or has produced ( } take an oath. Name: My Commission Expires: Commission Number: s _ r December 9, 2015 15-12 BID CITY OF SEBASTIAN LANDSCAPE SERVICES Contact Information Vice President: Manager: John Conlon Bettina Conlon Boyington (321)228-6973 Cell (772)388-5741 office conioniandscapinginc@gmail.com conionlandscapinginc@gmail.com Office 772-388-5741 706 South Easy Street, Sebastian, FL 32958 Fax 772-228-9677 ConlonLandscapinglnc@gmail.com www.ConlonLandscapinginc.com -+s 15-12 Bid City of Sebastian Landscape Services December 9, 2015 Conlon landscaping wants to Thank You for the opportunity to help improve Sebastian's beautiful Riverside Area. Conlon landscaping and Gare Care have joined together to bring you the following recommendations for the work and specifications requested for the Riverside Area. In order to meet the required scope of work and to maintain a clean site, we recommend a "Clean Up" of the entire area with 3 men to be completed in approximately one week. This will quickly bring the site up to par and under control for regular maintenance schedules. We have given you pricing for regular monthly maintenance. We feel that to meet the standard of quality that the City of Sebastian is requesting, it will require 3 full time men. However, we have also suggested an "alternative option" that may be more appealing to the city's budget. Please refer to "Conlon's Recommendations'. According to the expertise of Gare Care, the entire area needs to be treated regularly, four times a year, with Fertilizer/Herbicide/Pesticide. There is an infestation of dollar weed that needs to be addressed, along with increasing the quality of care to the lawn & ornamentals. Once the area is serviced on a regular and timely schedule, you will receive the best results and appearance that the City of Sebastian is seeking. We are looking forward to discussing these options with city officials next week and presenting our ideas. Our relationship with the city is important. As a team, we can come up with the right solutions to beautify the presentation of our Riverside Area, the heart of Sebastian. Office 772-388-5741 706 South Easy Street, Sebastian, FL 32958 Fax 772-228-9677 ConlonLandscapinglnc@gmail.com www.ConlonLandscapinglnc.com i., .c t:i is December 9, 2015 CLEAN UP The current condition of the Riverside Area is in need of a "clean-up" in order to bring the 'quality of care" back under control. We, at Conlon Landscaping, suggest a "once -through" to include: • Mowing • Edging • Weed Eating • Blow -Off • Trash Pick Up (not emptying trash cans) • Debris & Vegetation Trash Removal • Hedge Trimming • Weeding Beds • Herbicide (spraying in beds) The project would require 3 men and run $8354.00. We will have it finished in approximately one week. *This price does NOT include: • Mulching - $38 Yard Installed • Fertilizer/Herbicide/Pesticide- Pricing & Maintenance Schedule Attached, per Gare Care 1 Office 772-388-5741 706 South Easy Street, Sebastian, FL 32958 Fax 772-228-9677 ConlonLandscapinglnc@gmail.com wvvw. ConlonLandscapinglnc. corn jo 88 December 9, 2015 Monthly Maintenance Weekly services to include: • Mowing • Edging • Weed Eating • Blow -Off • Trash Pick Up (not emptying trash cans) • Hedge Trimming • Weeding Beds • Herbicide (spraying in beds) The cost would run $2600.00 a week with 3 full time men on staff. *This price does NOT include: • Mulching - $38 Yard Installed • Fertilizer/Herbidde/Pesticide- Pricing & Maintenance Schedule Attached, per Gare Care 2 Office 772-388-5741 706 South Easy Street, Sebastian, FL 32958 Fax 772-228-9677 ConlonLandscapinglnc@gmail.com www.ConlonLandscapinginc.com S. A �3�'~:r '•Cy 'moi::i December 9, 2015 Conlon's Recommendation A one-time "dean -up" to get the Riverside Area back under control. Once it is detailed and brought back to spec, continue to use the city's crew to maintain it on a regular basis. When high detail work is needed, once or twice a month, call in Conlon Landscaping's team to quickly detail the entire project. Services to include: • Mowing • Edging • Weed Eating • Blow -Off • Trash Pick Up (not emptying trash cans) • Hedge Trimming • Weeding Beds • Herbicide This will run $1000 a day (full day work minimum required) - ONLY AFTER the area has been "cleaned up" and brought to specifications. This will help keep the maintenance at the level intended. *Special Events "clean-up" and detail work will be billed at an overtime rate, as it is outside of normal working & business hours (contingent upon the number of personnel required for services). *This price does NOT include: • Mulching - $38 Yard Installed • Fertilizer/Herbicide/Pesticide- Pricing & Maintenance Schedule Attached, per Gare Care - Continuous Program Recommended 3 Office 772-388-5741 706 South Easy Street, Sebastian, FL 32958 Fax 772-228-9677 ConlonLandscapinglnc@gmail.com www.ConlonLandscapinglnc.com . r •lir: i.�' . f i Fertilization/Herbicide/Pesticide Recommended Applications: 4 Times a Year Locations: December 9, 2015 1) Memorial Park, 4 applications a year at $75 = $300 2) Grassy Area Aa oss from Memorial Park (kayak launch), 4 applications a year at $200 = $800 3) River View Park (where large oaks are)- 0 4) Boat Ramp #1, Yacht Club- Across from Bait Shop, 4 applications a year at $50= $200 5) Presidential Streets A. Cooledge , 4 applications a year at $150 = $600 B. Cleveland, 4 applications a year at $115= $460 C. Washington, 4 applications a year at $50= $200 6) Chamber of Commerce, 4 applications a year at $100= 400 7) Boat Ramp #2 (across from Chamber), 4 applications a year at $200= 800 8) Crabby Bills- 0 9) Davis St, 4 applications a year at $80= $320 10) Community Center, 4 applications a year at $55=$220 Grand Total Per Application of Entire Area $4,300 4 Office 772-388-5741 706 South Easy Street, Sebastian, FL 32958 Fax 772-228-9677 ConlonLandscapinglnc@gmaiL com www. ConlonLandscapinglnc.com Ameron Services 519 S Easy Street Sebastian, FL 32958 772-388-8828 Ameronservices@outlook.com Ameronpestcontrol@hotmail.com Lawn and Landscape Bid for: City of Sebastian Main St Parks And right of ways on Indian River corridor. Sebastian FL The following proposal is for the lawn &Ornamental care (mowing and trimming) of the Parks and easements in city supplied list and scope of service. LAWN MAINTAINANCE • St. Augustine Turf and Bahia grass will be mowed weekly from April 1 St through October 31St • Lawns shall be mowed as needed November 1 St through March 31 st • The schedule above allows for weekly visits in accordance to attached scope of work and schedule provided. • Mowing will only occur between 730 am and 500 pm M -S and never on Sundays or holidays. • (Mowing height will be done in accordance with proper landscape principals and recommended mowing height for all turf grasses) Turf will be mowed with mulching mowers in a pattern to direct clippings away from structures, river, shrub beds sidewalks and streets where possible. • All clippings will be blown off hard surfaces and away from river with each mowing event. • Mowing will be completed in a systematic and timely fashion to maintain the appearance of landscape. • Edging will be done with edger to produce a nice crisp deimed edge where required and no less than every other mow. (river banks will be edged to waterline rock area) � Lawn clippings will be mulched or removed from the grass to avoid excessive grass clippings being left on turf. • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not scalp turf grass with string trimmers. • Parking lots and sidewalks will be blown free of debris weekly. • Fallen branches, palm fronds and trash debris shall be picked up prior to mowing. • Culvert ends and drain grates will be cleared of accumulated clipping, leaves and mulch as needed. As well as 2 days in advance of named storm. They will be inspected biweekly. • In the event of a festival or event in the park, Ameron will make a pre -festival inspection and/or treatment (Fire ants, additional trimming, cleanup or mowing if needed) in order to have the property in the best possible condition for the event. ORNAMENTAL AND SHRUB MAINTENANCE • Shrubs will be pruned as needed. In accordance with proper landscape principles. (Usually 1 time per month) to maintain the health and proper appearance of shrubs. • Pruning of flowering shrubs will be avoided while flowering unless needed to maintain standards and only in accordance to proper landscaping principals. � Diseased and dead wood will be removed as soon as practical. • Shrubs will be trimmed leaving clearance between shrubs and structures. (1 foot minimum) Shrub and flower beds will be maintained to ensure optimum appearance. • All trimmings and pruning's will be removed the same day it is trimmed. • Spring and fall cutbacks of shrubs requiring hard pruning will be done in the spring and fall. Hard pruning will be done in accordance with proper landscaping principals. • Shrub beds and paved areas will be kept free of broadleaf and grassy weeds. (utilizing pre -emergent and post -emergent weed control) � Walkways, roadways, entry and parking areas will be cleaned of dirt and debris resulting from the performance of lawn and shrub care. This will be done during regular services. PALM TREE MAINTENANCE • Palms will be maintained up to 12 ft. • Dead fronds will be removed at least once per month. • Seed pods will be removed where practical to maintain appearance. • All debris will be removed the same day it is cut. OTHER TREE MAINTAENANCE • Trees will be maintained up to 12 ft. • Pruning of dead and diseased branches will be done once every quarter. • All debris will be removed same day it is cut. WEED CONTROL • Weed control in driveways, sidewalks, gutters, parking areas and boat ramps will be performed 1 time per month by herbicidal methods. • Weeds in landscape beds will be performed once per month for weeds and invasive plants using manual and chemical methods. ANNUALS • Replacement and planting of annuals in entryways or other areas designated by City of Sebastian will be done in spring and Fall or as requested for additional cost to be determined by estimate based on number of plants o Bed preparation and planting will be done by Ameron at Manager's direction. LANDSCAPE REPLACEMENT AND ADDITIONS • Ameron will provide work order proposals as requested by City of Sebastian, for removal and replacement of dead, dying or diseased landscape plants once per quarter. • Pricing will be provided for urgent removal and replacement of landscaping or additional landscaping as requested by City of Sebastian • Ameron will provide sod replacement and Mulching as requested by City of Sebastian for a cost to be mutually agreed upon by both parties based on size, turf type and scope of work. o The above items and cost will be approved by management prior to starting any work in these regards. FERTILIZATION, INSECT, DISEASE AND WEED CONTROL Ameron Pest Control will perform a comprehensive Agronomic Turf Management program for your Lawn with a service schedule as follows: • We will service the lawns in the parks and easements along the Indian river corridor. o The property will be serviced every other month. o This will include liquid micronutrients and fertilizer to help stabilize color and growth. o The program will include insecticide as needed to control turf damaging insects. o FIRE ANT CONTROL IS INCLUDED IN THIS PROGRAM. o Disease control for certain fungus such as brown patch is included in this program. o Broadleaf weed control is included in the program. ■ Post emergent weed control will be performed on all services • A pre -emergent weed control will be applied in late winter/early spring to help prevent weeds from emerging. • CONSISTANT EFFECTIVE WEED CONTROL IN BARE AREAS IS NOT POSSIBLE (Ameron will inform City of Sebastian of areas that require replacement of turf grass to improve overall quality and appearance.) • Bahia turf grows with an open growth habit and it is not possible to get total weed control in Bahia areas. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Ph. adjustments are included in the program. Ameron pest Control will perform a comprehensive Agronomic Ornamental Management program for your shrubs and trees with a service schedule as follows: We will service the Woody Ornamentals and Trees in the parks and easements in the Indian river corridor. o The property will be serviced every other month. o The program will include insecticide as needed to control ornamental damaging insects. o The Program will include Fungus and disease control. For controllable Fungus and disease. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Oak trees will be fertilized as needed but at least once a year. Ameron Pest Control follows the State of Florida GI BMP's for the protection of water resources and all recommended landscaping guidelines and principals. A Manager will be present on the property every time a regular service is performed to ensure all services are being done to the City of Sebastian and Ameron's satisfaction. Ameron pest control will use the most up to date technologies to service your property. The safety and wellbeing of the general public and staff is of the highest concern for Ameron Pest control. All applications will be performed under the direction of a Florida certified operator and Certified Entomologist All applications comply with the new Indian River County ordinance for protection of the lagoon. • Ameron will provide invoices monthly and in detail according to requirements by management, in regards to all services as well as to area designated. • All Ameron vehicles are clearly logoed with company name and phone number. • All Ameron employees will be in logoed uniforms. Employees will present themselves as professionals at all times. • Ameron will perform all duties with the courtesy and safety of residents in mind. • Ameron Manager and property manager will meet and review status of property at least once per month. • Ameron will provide current licensing, Insurance, workman's compensation for all employees and property as and in accordance with required limits. • Ameron will comply with all laws and regulations as required. • Ameron will follow all best management practices for the green industry and in compliance with all proper landscaping principals. It is Ameron Services intention to place whatever manpower is needed to maintain property on a full time basis. (This is in order to have a full time presence on property to address any needs as required and in the most expeditious manner.) The cost of the above Lawn and Landscape program is as follows: Monthly cost for Landscaping maintenance is $9600.00. Landscaping maintenance annual cost $115,200.00 A comprehensive initial Fertilization, insect and weed control is needed to get the turf and ornamentals in the best condition. This service includes Granular fertilizer for lawn and ornamentals. Fire ant control using top choice on entire property and ground rodding of existing nests. Pre -emergent and post -emergent weed control. Insecticide, fungicide, and micronutrient spray to all lawn and ornamental areas. Cost for comprehensive initial would be $6,875.00 After comprehensive initial the cost would be as follows: Monthly cost for Fertilization, Insect and Weed control program for turf an ornamentals $3,437.50 Fertilization, Insect and Weed control program for turf and ornamentals annual cost $41,250.00 Total Monthly cost $13,037.50 Total annual cost $156,450.00 Thank you for allowing us to provide this proposal. All services will be supervised and under the direction of our service Director, and in accordance with Florida friendly landscaping principles. This proposal and agreement for services will run from 1201 through , 201 and may be cancelled at anytime by either party with 60 days' written notice. Accepted by William Brognano, President Ameron Services City Manager Robert Hederman ACE Service Director Board Member Board Member Board. Member. CRA LANDSCAPE SERVICES AGREEMENT THIS AGREEMENT made this 15TH day of January 2016, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ("City") and Ameron Services, 519 S. Easy Street, Sebastian, FL 32958 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has professional competence and experience in landscape maintenance and pest control services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall be for three (3) years, with two (2) automatic one (1) year extensions thereof absent delivery by either party at least sixty (60) days before each anniversary date of written notice of its intent to terminate 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Instructions to Bidders, the scope of services, Contractor Qualification Questionnaire, Attachments, scope of Work by contractor, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and scope of services are an integrated part of the Contract Documents and as such will not stand alone if used independently. The scope of services is end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform landscape maintenance, pest control, and other related services of the defined areas within the City's CRA/Waterfront district in accordance with the Agreement Documents. 4. SCOPE OF SERVICES AND RELATED DATA. The intent of the scope of services and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work described in the Agreement Documents and all incidental Work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the scope of services and site conditions, or any errors or omissions in the scope of services, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any Work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of reported errors or omissions in the scope of services may be made by the City in its sole discretion when the City determines such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of Work to be done by the Contractor, compensation for said additional Work shall be negotiated between the parties and must be issued as a written change order before any such additional Work is performed or no additional compensation shall be made. The fact that specific mention of any part of Work is omitted in the scope of services, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such Work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said Work must be performed and completed the same as if called for by the Agreement Documents. All Work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the scope of services, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the scope of services. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the scope of services, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Lawn and Landscape Bid for: City of Sebastian" (Exhibit A), consisting of the Contractor's unit prices, as billed after the unit area is completely mowed/treated by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before Work starts on the changes or revisions. If the Contractor deems that extra compensation is due for Work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before Work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed/treated at any time. The Unit Price on the Lawn and Landscape Bid is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances with appropriate Maintenance of Traffic (MOT) and when necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways including appropriate MOT signage and markings. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub - Contractor and all persons engaged in Work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement are not, and shall not be deemed to be, employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the Work assigned to them. Any foreman or workman employed by the Contractor or sub -Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be removed from performing service under this Agreement immediately and shall not be so employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently. The City and the Contractor shall immediately notify each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such suspension or termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection, and acceptance of the Project Manager. The Project Manager shall resolve any and all issues which may arise as to the quality, completeness, and acceptability of Work performed, or Work to be performed, interpretation of scope of services, and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor. If the Contractor disputes a decision of the Project Manager, the matter shall be referred to the City Manager who will resolve such questions with finality. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the personnel and tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City specifying the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. The Contractor shall not suspend operations without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), FDOT Standards for MOT, International Municipal Signal Association (IMSA) work zone traffic control safety requirements, and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any Work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or Work. The Contractor shall remove all debris and surplus materials as a result of his Work activities and shall leave the Work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as Work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. All debris shall be transported off-site daily at Contractor's expense. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any subcontracts or outside associates or contractors engaged by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub- Contractor(s), representatives, servants, assigns, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the Work with its own resources or hire a third party to perform Work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each deficiency and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 26. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): 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 Signed, sealed and delivered In the presence of: Sign: Print Name: Sign: Print Name: THE CITY OF SEBASTIAN A MUNICIPAL CORPORATION Joe Griffin City Manager AMERON SERVICES ~ CONTRACTOR William Brognano, President Ameron Services 519 S Easy Street Sebastian, FL 32958 772-388-8828 Ameronservices@outlook.com Ameronpestcontrol@hotmail.com Lawn and Landscape Bid for: City of Sebastian Main St Parks And right of ways on Indian River corridor. Sebastian FL The following proposal is for the lawn &Ornamental care (mowing and trimming) of the Parks and easements in city supplied list and scope of service. LAWN MAINTAINANCE • St. Augustine Turf and Bahia grass will be mowed weekly from April 1st through October 31st • Lawns shall be mowed as needed November 1 st through March 31 st • The schedule above allows for weekly visits in accordance to attached scope of work and schedule provided. • Mowing will only occur between 730 am and 500 pm M -S and never on Sundays or holidays. • (Mowing height will be done in accordance with proper landscape principals and recommended mowing height for all turf grasses) Turf will be mowed with mulching mowers in a pattern to direct clippings away from structures, river, shrub beds sidewalks and streets where possible. • All clippings will be blown off hard surfaces and away from river with each mowing event. • Mowing will be completed in a systematic and timely fashion to maintain the appearance of landscape. • Edging will be done with edger to produce a nice crisp defined edge where required and no less than every other mow. (river banks will be edged to waterline rock area) • Lawn clippings will be mulched or removed from the grass to avoid excessive grass clippings being left on turf. • String trimmers will be utilized in areas that conventional mowing is prohibited. Due care will be used to not scalp turf grass with string trimmers. • Parking lots and sidewalks will be blown free of debris weekly. • Fallen branches, palm fronds and trash debris shall be picked up prior to mowing. • Culvert ends and drain grates will be cleared of accumulated clipping, leaves and mulch as needed. As well as 2 days in advance of named storm. They will be inspected biweekly. • In the event of a festival or event in the park, Ameron will make a pre -festival inspection and/or treatment (Fire ants, additional trimming, cleanup or mowing if needed) in order to have the property in the best possible condition for the event. ORNAMENTAL AND SHRUB MAINTENANCE � Shrubs will be pruned as needed. In accordance with proper landscape principles. (Usually 1 time per month) to maintain the health and proper appearance of shrubs. • Pruning of flowering shrubs will be avoided while flowering unless needed to maintain standards and only in accordance to proper landscaping principals. • Diseased and dead wood will be removed as soon as practical. • Shrubs will be trimmed leaving clearance between shrubs and structures. (1 foot minimum) Shrub and flower beds will be maintained to ensure optimum appearance. • All trimmings and pruning's will be removed the same day it is trimmed. • Spring and fall cutbacks of shrubs requiring hard pruning will be done in the spring and fall. Hard pruning will be done in accordance with proper landscaping principals. • Shrub beds and paved areas will be kept free of broadleaf and grassy weeds. (utilizing pre -emergent and post -emergent weed control) • Walkways, roadways, entry and parking areas will be cleaned of dirt and debris resulting from the performance of lawn and shrub care. This will be done during regular services. PALM TREE MAINTENANCE • Palms will be maintained up to 12 ft. • Dead fronds will be removed at least once per month. • Seed pods will be removed where practical to maintain appearance. • All debris will be removed the same day it is cut. OTHER TREE MAINTAENANCE • Trees will be maintained up to 12 ft. • Pruning of dead and diseased branches will be done once every quarter. • All debris will be removed same day it is cut. WEED CONTROL • Weed control in driveways, sidewalks, gutters, parking areas and boat ramps will be performed 1 time per month by herbicidal methods. • Weeds in landscape beds will be performed once per month for weeds and invasive plants using manual and chemical methods. ANNUALS • Replacement and planting of annuals in entryways or other areas designated by City of Sebastian will be done in spring and Fall or as requested for additional cost to be determined by estimate based on number of plants o Bed preparation and planting will be done by Ameron at Manager's direction. LANDSCAPE REPLACEMENT AND ADDITIONS • Ameron will provide work order proposals as requested by City of Sebastian, for removal and replacement of dead, dying or diseased landscape plants once per quarter. • Pricing will be provided for urgent removal and replacement of landscaping or additional landscaping as requested by City of Sebastian • Ameron will provide sod replacement and Mulching as requested by City of Sebastian for a cost to be mutually agreed upon by both parties based on size, turf type and scope of work. o The above items and cost will be approved by management prior to starting any work in these regards. FERTILIZATION, INSECT, DISEASE AND WEED CONTROL Ameron Pest Control will perform a comprehensive Agronomic Turf Management program for your Lawn with a service schedule as follows: • We will service the lawns in the parks and easements along the Indian river corridor. o The property will be serviced every other month. o This will include liquid micronutrients and fertilizer to help stabilize color and growth. o The program will include insecticide as needed to control turf damaging insects. o FIRE ANT CONTROL IS INCLUDED IN THIS PROGRAM. o Disease control for certain fungus such as brown patch is included in this program. o Broadleaf weed control is included in the program. ■ Post emergent weed control will be performed on all services • A pre -emergent weed control will be applied in late winter/early spring to help prevent weeds from emerging. • CONSISTANT EFFECTIVE WEED CONTROL IN BARE AREAS IS NOT POSSIBLE (Ameron will inform City of Sebastian of areas that require replacement of turf grass to improve overall quality and appearance.) Bahia turf grows with an opengrowth habit and it is not possible to get total weed control in Bahia areas. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Ph. adjustments are included in the program. Ameron pest Control will perform a comprehensive Agronomic Ornamental Management program for your shrubs and trees with a service schedule as follows: We will service the Woody Ornamentals and Trees in the parks and easements in the Indian river corridor. o The property will be serviced every other month. o The program will include insecticide as needed to control ornamental damaging insects. o The Program will include Fungus and disease control. For controllable Fungus and disease. o Granular Fertilizer is included in this program and will be applied in spring and fall as part of the program. o Oak trees will be fertilized as needed but at least once a year. Ameron Pest Control follows the State of Florida GI BMP's for the protection of water resources and all recommended landscaping guidelines and principals. A Manager will be present on the property every time a regular service is performed to ensure all services are being done to the City of Sebastian and Ameron's satisfaction. Ameron pest control will use the most up to date technologies to service your property. The safety and wellbeing of the general public and staff is of the highest concern for Ameron Pest control. All applications will be performed under the direction of a Florida certified operator and Certified Entomologist All applications comply with the new Indian River County ordinance for protection of the lagoon. • Ameron will provide invoices monthly and in detail according to requirements by management, in regards to all services as well as to area designated. • All Ameron vehicles are clearly logoed with company name and phone number. • All Ameron employees will be in logoed uniforms. Employees will present themselves as professionals at all times. • Ameron will perform all duties with the courtesy and safety of residents in mind. • Ameron Manager and property manager will meet and review status of property at least once per month. • Ameron will provide current licensing, Insurance, workman's compensation for all employees and property as and in accordance with required limits. • Ameron will comply with all laws and regulations as required. • Ameron will follow all best management practices for the green industry and in compliance with all proper landscaping principals. It is Ameron Services intention to place whatever manpower is needed to maintain property on a full time basis. (This is in order to have a full time presence on property to address any needs as required and in the most expeditious manner.) The cost of the above Lawn and Landscape program is as follows: Monthly cost for Landscaping maintenance is $9600.00. Landscaping maintenance annual cost $115,200.00 A comprehensive initial Fertilization, insect and weed control is needed to get the turf and ornamentals in the best condition. This service includes Granular fertilizer for lawn and ornamentals. Fire ant control using top choice on entire property and ground rodding of existing nests. Pre -emergent and post -emergent weed control. Insecticide, fungicide, and micronutrient spray to all lawn and ornamental areas. Cost for comprehensive initial would be $6,875.00 After comprehensive initial the cost would be as follows: Monthly cost for Fertilization, Insect and Weed control program for turf an ornamentals $3,437.50 Fertilization, Insect and Weed control program for turf and ornamentals annual cost $41,250.00 Total Monthly cost $13,037.50 Total annual cost $156,450.00 Thank you for allowing us to provide this proposal. All services will be supervised and under the direction of our service Director, and in accordance with Florida friendly landscaping principles. This proposal and agreement for services will run from 1201 through , 201 and may be cancelled at anytime by either party with 60 days' written notice. Accepted by William Brognano, President Ameron Services City Manager Robert Hederman ACE Service Director Board Member Board Member Board Member DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. Date: As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. 2. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. This sworn statement is submitted by submitting sworn applicable) its Number of the (name of entity statement) whose business address is and (if Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security individual signing this sworn statement: 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Date: STATE OF FLORIDA COUNTY OF (Signature) The foregoing instrument was acknowledged before me this day of , 2016 by , (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Name: My Commission Expires: Commission Number: