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04-12-2023 CC Agenda
Lin Lr SE HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 12, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY ;S WEBSITE 1. CALL TO ORDER 2. INVOCATION - Reverend Grant Foster, Riverside Church Assembly of God 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modif cations for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation — National Public Safety Telecommunications Week — April 9-15, 2023 B. Proclamation — National Volunteers Week — April 16-22, 2023 C. Proclamation — National Child Abuse Prevention Month — April 2023 D. Proclamation — National Arbor Day — April 28, 2023 E. Proclamation — International Earth Day — April 22, 2023 F. Proclamation — Water Conservation Month — April 2023 G. Presentation — Indian River County Healthy Start - Janay Brown, Community Liaison BriefAnnouncements: April 14 - Chamber of Commerce Concert in Riverview Park— Group Therapy (Country) - 5:30pm to 8pm April 22 — Natural Resources Board Earth Day Celebration -- Riverview Park — 9am to 4pm April 22 — Paper Shredding & Electronic Recycling Event - Riverview Park — 9am to Noon April 22 — Spring Cleaning for Unwanted Household Items — Barber Street Sports Complex — 9am to Noon 1 of 295 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input "provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 7-20 A. Approval of Minutes — Regular Meeting - March 8, 2023 pgs 21-36 B. Approval of Minutes — Regular Meeting — March 22, 2023 pgs 37-45 C. Approve Barb Snow's Space Coast Superior Event "Springtime Garden Fest" - Open to the Public at Riverview Park on April 29 and 30, 2023 (Transmittal, Application, Certificate, Receipt) pgs 46-48 D. Approve Alcoholic Beverages for the Guest Family Event at the Yacht Club on April 22, 2023 from 11:30 a.m. to 4:30 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 49-51 E. Approve Alcoholic Beverages for the Ritchie Family Event at the Yacht Club on May 27, 2023 from 6:00 p.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 52-54 F. Approve Alcoholic Beverages for the Bedolla Family Event at the Community Center on May 27, 2023 from 4:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 55-57 G. Approve Alcoholic Beverages for the Raya Family Event at the Community Center on June 27, 2023 from 4:00 p.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 58-60 H. Approve Alcoholic Beverages for the Rotary Club of Sebastian Awards Ceremony at the Community Center on June 25, 2023 from 3:00 p.m. to 7:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 61-63 I. Approve Alcoholic Beverages for the Jennings Family Event at the Community Center on July 8, 2023 from 11:00 p.m. to 6:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 2 of 295 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for legislative Public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 64-97 A. Second Reading and Public Hearinp- - Ordinance No. 0-23-01 — Petition for Voluntary Annexation a 40.23 Acre Parcel Located at 8925 86th Avenue (Transmittal, 0-23-01, Ex. 1, Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 98-137 B. Second Readina and Public Hearing - Ordinance No. 0-23-02 — Request for Small Scale Comprehensive Plan Future Land Use Mau Amendment — Hess Parcel. 8925 86th Avenue (Transmittal. 0-23-02. Staff Report. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL) FOR LAND WITH A CURRENT INDIAN RIVER COUNTY LAND USE DESIGNATION OF R (RURAL RESIDENTIAL) FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. 3 of 295 11. UNFINISHED BUSINESS pgs 138-266 A. Solid Waste Collection Services Agreement i. Remove from the Table and Approve the Award of RFP#22-07, Exclusive Curbside Solid Waste Collection Services to Waste Management, Inc., Establishing Universal Once a Week Garbage Pickup on All Residential Units and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, RFP, Addendums, 0-23-06) ii. Remove from the Table and Hold First Reading of Ordinance No. 0-23-06- Granting an Exclusive Franchise Agreement for Residential and Commercial Solid Waste Collection to Waste Management, Inc. - Set Public Hearing for April 26, 2023 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. 12. NEW BUSINESS pgs 267-270 A. Award Wright Construction Group, Inc. as the Design -Build Firm to be Used in Response to RFQ 23-01 - Design -Build Four (4) Square Airport Hangars at Sebastian Municipal Airport and Authorize Negotiations for a Guaranteed Maximum Price (GMP) Contract (Transmittal, Bid Tab, R-22-30) pgs 2 71-2 75 B. Approve the Purchase of Employee Short -Term Disability Insurance from Lincoln Financial Group with an Appropriation from the Enterprise, Stormwater and General Fund Budget Reserves (Transmittal, Evaluation, Info) pgs 276-285 C. Approve the Purchase and Installation of Two Air Conditioning Units at the Historical School Building to Include a 10 Year Extended Labor and Parts Warranty (Transmittal, P.O., Estimate) pgs 286-295 D. Discuss Uniform Charter Officer Contracts (Transmittal, R-23-03, Categories, Worksheets) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Dixon 4 of 295 B. Council Member Dodd C. Council Member McPartlan D. Mayor Jones E. Vice Mayor Nunn 17. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAX ORG AT LEAST 48 HO URS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/88240934206 Or One tap mobile: US: +13052241968„88240934206# or +19294362866„88240934206# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 305 224 1968 or +1 929 436 2866 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 646 931 3860 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 4580 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 Webinar ID: 882 4093 4206 International numbers available: https://us02web.zoom.us/u/kb4vRX67ot 5 of 295 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business New Business Public Input Public Input is NOTALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshons and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 6 of 295 Cm k-f SEBASTL�AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH S, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA I. Mayor Jones called the regular meeting to order at 6:00 p.m. 2. Reverend Grant Foster, Riverside Church Assembly of God led with a prayer. 3. Council Member McPardan led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Administrative Services Director/CFO Ken Killgore Asst. Admin. Services Director Cindy Watson Procurement Manager Don Wixon Airport Manager Jeff Sabo Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS 23.040 A. Proclamation — Irish American Heritage Month — March 2023 - Jim Sullivan, Ancient Order of Hibernians Immediate Past President, and Louise Sullivan, Florida State Ladies Ancient Order of Hibernian President Mayor Jones read and presented the proclamation to Mr. and Mrs. Sullivan who described some of the community assistance the Ancient Order of Hibernians provides. 7 of 295 Regular City Council Meeting March 8, 2023 Page 2 23.041 B. Proclamation — Celebratins the Older American Act Nutrition Program — March 2023 Ben Earman. Senior Resource Association. Inc. Communitv Relations Manager, and Louise Batista. Executive Assistant Mayor Jones read and presented the proclamation to Mr. Earman and Ms. Batista. Mr. Earman described the Meals on Wheels Program and noted there are still over 300 seniors on the waiting list. He encouraged the public to donate and volunteer for the program. BriefAnnouncements: Saturday & Sunday, March I & 12 - Craft Club of Sebastian Show at Riverview Park — IOam — 3pm River Days & Craft Brew Hullabaloo at Riverview Park Friday, March 17 from 3pm -- 8pm Saturday, March 18 from loam -- 8pm Sunday, March 19 from IOam — 5pm Wednesday, March 22 — Sebastian River Area Public Mural Program Mural Ribbon Cutting Ceremony at the Tiki Bar & Grill - 4pm Vice Mayor Nunn announced the upcoming events. 7. PUBLIC INPUT The Sebastian Little League and Softball League staff thanked Mayor Jones for giving the opening pitch last Saturday at the games. The staff presented the Mayor with an autographed baseball. The staff also thanked the Parks Department, specifically Antoine VanMeir, Mitch Keese and C.J. Van Order for the fantastic fields at the Barber Street Sports Complex. 8. CONSENT AGENDA A. Approval of Minutes — Regular Meeting — February 8, 2023 23.042 B. Approve the Use of the Council Chambers with No Fee for the Florida Fish and Wildlife Conservation Commission (FWC) to Conduct a Public Discussion on Snook Management and Regulations on March 23, 2023 from 4:OOpm to 8:30pm (Transmittal) 23.043 C. Approve the Piggyback Purchase of One 2023 Brush Truck from Cumberland International Under the Florida Sheriffs Association Contract FSA22-VEH20 in 8 of 295 Regular City Council Meeting March 8, 2023 Page 3 the Amount of $121,543 for the Roads Division (Transmittal, Quote, ITB, Summary) 23.044 D. Approve the Piggyback Purchase of One 2023 AxionLift Bucket Truck from Bartow Ford Under the Charlotte County Contract #2021000541 in the Amount of $158,219 for the Roads Division (Transmittal, Quote, Contract Docs, Code Sec. 1.210(c) (2)) 23.045 E. Approve the Piggyback Purchase of One 2023 Freightliner Dump Truck from Under the Florida Sheriffs Association Contract FSA22-VEH20 in the Amount of $184,500 for the Roads Division (Transmittal, Quote, Contract Docs, Code Sec. 1.210(c) (2), Summary) 23.046 F. Approve the One Year Extension of the Piggyback Broward College Contract #RFP-2018-167-EH Authorizing Shenandoah Construction to Clean, Repair, Maintain, Televise and Install Stormwater Pipes at the Revised Pricing (Transmittal, Notice, Contract Docs, Agreement) 23.047 G. Approve Alcoholic Beverages for the Bergstrom Family Event at the Community Center on May 6, 2023 from 1:30 p.m. to 6:30 p.m. — Permittee DOB Verified MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A-G. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 6:18pm 23.048 A. Consider Exclusive Curbside Solid Waste Collection Services with Waste Management. Inc. and Direct Staff to Prepare the Enacting Franchise Ordinance and Final Contract (Transmittal, Contract. RFP, Proposed Cost, Plan, Forms) The City Manager said the contract is set to expire in July and the City received one proposal from Waste Management. He explained the universal and subscription options outlined on pages 170-171 of the agenda backup. 9 of 295 Regular City Council Meeting March 8, 2023 Page 4 He said at Council's direction, he reached out to the residents to see what they would like using a Sebastian Daily survey. He went over the results. (See attached) He asked for direction on how Council would like him to proceed. Public Input Grace Reed, Sebastian, said there was also a survey on Facebook where everyone voted for the cheapest option and at the end asked what universal means. She asked why they were paying a franchise fee over the quoted price and if it could be shown on the invoice. She noted the proposal indicates the collection vehicles are in place and they are serviced impeccably and asked why is there a rush to approve the contract if trucks don't need to be ordered. She asked Council to vote for subscription services with one pickup. Jules Justin said she didn't understand how anyone can warrant a 300% increase; the service has been subpar for the last three months. Christina Roberts, Roseland Lane, said she would like once a week, universal service. She said Council Member McPartlan mentioned that we only had one response because we have a history of subscription. She suggested they go to universal so that next time they will have more options. Susan Keeper, Easy Street, asked what the difference is between universal and mandatory. Mayor Jones advised it is the same thing. She said she preferred the subscription for once a month pickup. Zoom Heather Winne said in the information provided, universal was not indicated as mandatory. She suggested if that was noted the $19 a month might not seem as appealing today. She asked how this will affect snowbirds that put their service on vacation mode. Nelson McCollum, Gossamer Wing Way, said he takes his trash to the Roseland Service Center and has never found it overwhelmed and he drives all over the City every day and doesn't find trash lying around. For those that aren't subscribers it will add a $233 fee to your budget so it shouldn't be considered a savings. Council Member McPartlan said there were four bidders for the contract 10 years ago; Sebastian is known as a subscription city. He described how he heard from an elderly gentleman who makes one bag of garbage a month and will now have to pay $20.00 a month. He said he was leaning to subscription. He said if there was an inkling to go with universal, it should be rebid so Sebastian is known as a universal, mandatory pickup so more companies will bid. He also suggested bridging the gap until the County goes out to bid and then join with the County because there will be strength in numbers. 10 of 295 Regular City Council Meeting March 8, 2023 Page 5 He said the cheapest rate is the mandatory, once a week service but he can't support that because he has to look out for the elderly who are struggling. Council Member Dixon said with regard to the strength in numbers comment, Port St. Lucie is still $5 more a week and they are bigger than Sebastian. She said snowbirds would save $69 if they are on subscription but full time residents would be paying $100 more to save those that pay $69 a year and have two houses. Council Member Nunn said it was the Indian River County Solid Waste Director who said the landfill is nearing capacity and they are overworked as it is. With regard to things going up in price, a lot of things have gone up in the last 10 years. He said if they remove 25% of those surveyed that didn't understand the word universal, they would still have an overwhelming number of those for universal. For those on fixed incomes, universal will be saving money. He said they make their decisions based on percentages and being that the larger always gets elected, he asked if they should make the decision for the good of the people or the small angry crowd, noting every decision they make affects somebody negatively. He said he feels if there is a 70% subscriber rate they should reward those that are paying for it. He did not have a decision at this point. Council Member Dodd said he understands the reason why people would want the subscription service and why people want the freedom to make the choice themselves. He said he was concerned about those that will really be financially impacted and less concerned for those that he knows can pay the $19 a month and want to be subscription because they don't want to be told what to do. He said he made a note that maybe they could establish a grant program for service but the problem would be that the City Manager would need to administer the program. He also said the City would need to expand the customer service. There are issues tied to this that Council needs to consider. He said he wasn't sure he knew enough to make a decision. He said with this proposal, Waste Management has removed the franchise fee from the amount in the proposal so everyone should add 6% on top of the dollar amount. The City could consider having the franchise fee pay for customer service. Mayor Jones asked how long residents could put the service on hold for seasonal residents. The City Manager said they could put their service on hold as long as they need to. Mayor Jones said he believed everyone should have option to decide if they want pickup service or not. He was not in favor of mandating anything. Vice Mayor Nunn noted the franchise fee would be paid by every citizen and given back to the City. 11 of 295 Regular City Council Meeting March 8, 2023 Page 6 Council Member Dixon said one plus of universal service is that it will increase the chance of having more bidders in the future. She also spoke of an elderly person that had no way of taking their trash to the convenience center. Mayor Jones noted that Waste Management has the back door service for those that can't put their trash to the curb. He thanked everyone that participated in the workshops and that came out tonight. Council Member Dodd added that he too spoke to someone who had no way of taking the yard waste to the convenience center which is a benefit of having the service. Council Member McPartlan said if they go with universal, he believed it should be rebid that Sebastian is mandating garbage service to receive the best price. MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to do the subscription service for once a week (option 2). Council Member McPartlan asked why they couldn't bridge the service to September 2025 and then when the County's contract is up, join with them. The City Manager said Waste Management is willing to bridge until December this year but it would be at the $42.00 a month rate. He said he countered with subscription of $19.75 but Ms. Perez didn't think her superiors would go for the counter and being that he didn't hear back, he assumed the counter was rejected. The City Manager said to go with another City until 2025, they would have to reject this bid and find another contract to piggyback until 2025. Roll call: Council Member McPartlan - nay Mayor Jones - aye Vice Mayor Nunn - nay Council Member Dixon - nay Council Member Dodd - nay Motion failed. 4-1 MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon approve universal, once a week option. Roll call: Council Member McPartlan - nay Mayor Jones - nay Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - nay Motion failed. 3-2 Mayor Jones called for a recess at 7:16 p.m. and upon return at 7:30 p.m., all Council Members were present. 12 of 295 Regular City Council Meeting March 8, 2023 Page 7 Council Member Dodd said 17% of the subscription customers are non -payers, that is almost a 1,000 people; that number will increase. He said that was concerning to him and given the collection of yard waste is needed, he was leaning towards universal. He said Waste Management's proposal was based on assumptions such as how many aren't going to pay, what the people will do with their trash and can Waste Management do the same work for less money. He said he wasn't happy with mandating service but it was making more sense than the subscription service. Vice Mayor Nunn noted the Cost Price Index is maxed at 3% each year and Council will have to vote on what they should be. He also explained that 9,000 subscribers at $27.74 will bring in $249,000 — at the universal rate for 12,000 subscribers at $19.45 it would bring in $233,000 so they will make less money but they won't have to manage who is paying or not, they will be paid regardless which is attractive to them. Council Member Dixon said according to the latest census data, the per capita income is $35,660 which is very hard to live on. With 50% of their community falling between 18- 65, a lot of the people are working class Americans and they are struggling. She said she could not ask 70% of the citizens to pay more so 30% still have the choice to opt out when things are tight for everybody. Council Member McPartlan said he didn't want anyone to think he had a problem with Waste Management but he could not mandate the service even though people are saying it is only a couple of dollars. He noted that homeowners insurance has gone up and people are being mandated to replace their roofs every 10-15 years. He said he was standing for the seniors. He said he wanted to stick with subscription service. Council Member Dixon asked if an assistance program could be set up with the franchise fee payment. The City Manager said that would require a policy decision by Council; an employee would have to be added to manage the program. He said a $15.00 employee would cost about $55,000 with the left over amount ($40,000 to $55,000) available for grants. Council Member Dixon said the left over money would provide about 159 grants. MOTION by Council Member Dixon and SECOND by Vice Mayor Nunn to approve universal pickup for once a week service and direct the City Manager to draft up a the enacting ordinance and agreement with Waste Management. Roll call: Council Member McPartlan - nay Mayor Jones - nay Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 3-2 7: 47 pm 13 of 295 Regular City Council Meeting March 8, 2023 Page 8 23.049 B. Annrove a Building Time Construction, LLC Negotiated Work Services Agreement with a Guaranteed Maximum Price of $186.874.00 for the Building Department Office Improvements (Transmittal, Proposal. Agreement, Special Conditions. RFO Submittal) The City Manager said staff provided a RFQ for the design build to put some security in the building department and it was awarded to Building Time LLC. He asked for approval of the work services agreement of $186,874.00. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the works services agreement with Building Time Construction, LLC. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.050 C. Award the Invitation to Bid #23-04, Drainage Improvement in the Stonecrop Watershed to Underwater Engineering Services, Inc. and Authorize the City Manager to Execute the Agreement Documents (Transmittal, Bid Tab, Bid Responses) The City Manager said he recommended armor flexing the sides of the canals to stabilize the riverbanks. He asked for approval. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve an agreement 'with Underwater Engineering Services, Inc. for the Stonecrop Watershed drainage improvements. In response to Council Member McPartlan, the City Manager confirmed this was included in the stormwater master planning study. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.050 D. Approve the Sole Source Purchase of Contech ArmorFlex and Consnan Bridge from Contech Engineered Solutions for the Stonecrop Drainage Improvement Proiect in the Amount of $656,123.18 (Transmittal. Certificate. Ouote, Approved Budget Sheet) 14 of 295 Regular City Council Meeting March 8, 2023 Page 9 The City Manager said this was the purchase of the material and the bridge itself, including the installation. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve the Sole Source Purchase of Contech ArmorFlex and Conspan Bridge from Contech Engineered Solutions. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.019 E. Charter Officer Evaluation Procedure 8: 00 pm Remove Resolution R-23-03 from the Table MOTION by Council Member Dodd and SECOND by Council Member McPartlan to remove Resolution No. R-23-03 from the table passed with a unanimous voice vote. (5-0) ii. Review and Adont Resolution No. R-23-03 — Citv Council Charter Officer Evaluation Procedure (Transmittal. R-21-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTINGS, EVALUATIONS, WAGE ADJUSTMENT OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-21- 04, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-23-03. Council Member Dodd advised there was a bill before the legislature that might push the evaluation process back a few months to stay out of the six month window before an election but as of right now they are okay with the June/July cycle. Mayor Jones said he was comfortable with the document before them. Council Member McPartlan said he would like to see the Charter Officer's goals for the year so they could determine if the officer met their goals. 15 of 295 Regular City Council Meeting March 8, 2023 Page 10 Council Member Dodd said the strategic plan will become the goals of the City Manager. Council Member McPartlan said he would like to see the officer's goals presented to them. Vice Mayor Nunn said section 4, "However, if the Charter Officer chooses not to renegotiate, the City Council, at their discretion, can re -negotiate the Charter Officers' Employment Agreements," goes against the existing the contracts. If the officer doesn't want to renegotiate, it continues for three additional years. He said he had a concern creating an ordinance that goes against an officer's contract. Council Member Dodd said that was why they are redoing the contracts this month. Vice Mayor Nunn said he understood but also redoing the contracts right now is a violation. The City Attorney said the current resolution dovetails with the current contracts and his understanding was that Council wanted to renegotiate the contracts. This resolution would be a reflection of the new contracts. Vice Mayor Nunn asked if a renegotiation or the resolution would violate the contract. The City Attorney said the resolution is the policy that Council is setting at this point and he was under the impression the new contracts would be set under this resolution. The current resolution would be consistent with the contracts. Vice Mayor Nunn asked if they are creating a resolution that is inconsistent with the contracts, does that nullify the contracts. Currently there is no option to renegotiate a contract; the only other option would be that they have to terminate the officer to renegotiate the contract. The City Attorney said it was the pleasure of the Council. Mayor Jones said if it stayed the way it was, they would never be able to renegotiate the contracts. Council Member Dodd said that is why this language is in this new resolution; they have already voted to evaluate and the Mayor would renegotiate the contracts. The issue was to remove the Charter officers from the salary study increase and provide the officers a pay increase based on their evaluations. He said the only way to reopen the contracts today is to fire the officers. The need was to get back on cycle to what they talked about doing two meetings ago. The officers could legally challenge their ability to do this and they will then be at a decision point. Vice Mayor Nunn said they voted to give the salary adjustments when the second union negotiation was finalized; they haven't voted on the resolution so it's not 16 of 295 Regular City Council Meeting March S, 2023 Page 11 legal yet. They have voted on language but after doing research, he sees an issue and whether it's one or three, all of the officers deserve to be protected by the contract that they have. If they want to bring it up for renegotiation, they can do so but this resolution changes that and that was his concern. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Resolution No. R-23-03. Council Member McPartlan said he thought they were redoing the contracts so they look the same. He asked the Vice Mayor if they were doing something wrong because one remedy would be to relieve each officer of their contract and send the Mayor to redo them. He said, "I thought Council Member Dodd was pretty clear, I thought we are well within our rights in listening to the City Attorney that we are following the proper procedures." Roll call: Mayor Jones - aye Vice Mayor Nunn - nay Council Member Dixon - nay Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 3-2 23.019 F. Neaotiation of the Charter Officers' Emplovment Aureements (Transmittal) MOTION by Council Member Dodd and SECOND by Mayor Jones to table the Charter Officer's employment agreements until the next meeting to finalize evaluation forms. Council Member McPartlan asked if Council wants everyone to grade the forms and then at the next meeting give the Mayor direction as to what they want to see. Council Member Dodd replied yes. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.020 G. Interview Prospective Candidate for the Interim Citv Attornev Position and Select the Interim Citv Attornev (Transmittal. Rodnev Edwards Packet. Andrew Mai Packet The City Attorney announced there were two candidates present to interview tonight. 17 of 295 Regular City Council Meeting March 8, 2023 Page 12 Rodney Edwards introduced himself and said he was currently the deputy city attorney for the City of Palm Bay and briefly described his education and employment experience. He answered questions from each Council Member. Andrew Mai introduced himself and said he was currently employed with Fishback and Dominick who have represented local governments for over 87 years. He said he would personally represent the City of Sebastian if his law firm was chosen. He answered questions from each Council Member. Mayor Jones called for a break at 8:52 p.m. and upon return at 8:59 p.m., all members were present. Council Member Dixon nominated Mr. Mai. Council Member McPartlan nominated Mr. Edwards. There was no public input. Roll call on the nominations: Council Member Dixon - Andrew Mai Council Member Dodd - Andrew Mai Council Member McPartlan - Rodney Edwards Mayor Jones - Andrew Mai Vice Mayor Nunn - Andrew Mai Mr. Mai was appointed the interim city attorney for the City of Sebastian. Mayor Jones offered to work with the City Attorney on negotiating a contract with Mr. Mai. 13. CITY ATTORNEY MATTERS The City Attorney said there would be union negotiations tomorrow. 14. CITY MANAGER MATTERS The City Manager said there is some real interest in the old compound right now and he would like to talk with each Council Member to get ideas for what they would like to see there. He said he would be going to Tallahassee with Council Member Dodd next week and asked for permission to carry a letter opting out of some affordable housing legislation currently under consideration. It was the consensus of Council to have the Mayor sign a letter. He said he planned to meet with Tom Lanahan with the Treasure Coast Regional League of Cities upon his return from Tallahassee to start the strategic plan process. 15. CITY CLERK MATTERS 18 of 295 Regular City Council Meeting March 8, 2023 Page 13 The City Clerk announced that Mayor Jones' request for historical photos and stories for the Centennial Celebration earned front page news of the Sebastian Hometown Newspaper. 16. CITY COUNCIL MATTERS A. Mayor Jones - None B. Vice Mayor Nunn Vice Mayor Nunn asked to talk about the Harbor Lights Motel property. The City Manager said he understood they wanted to get the property out to bid to have something built on it but staff would like them to wait until they review the Community Redevelopment Agency visioning plan at the end of the month. 23.051 A. Commercial Limited Zoning Vice Mayor Nunn said there is only one small section of commercial limited zoning by the Space Coast Credit Union and one of the challenges is that it doesn't allow a drive thru. There is a business interested in some vacant property near the bank but they need a drive thru. He asked to bring up at the next meeting that a special condition might be added to allow a drive thru at the vacant property so they don't have to change the zoning of the property. The City Manager advised that the code already provides for special conditions. Vice Mayor Nunn said they make hard decisions that won't please everyone and asked the residents to know that each of them live in the City and pay the same bills. C. Council Member Dixon Council Member Dixon agreed, tonight was a difficult decision to make regarding solid waste. She said she thought they made the right decision. She said she met the new County Administrator, John Titkanich, who has a young family and will be living in the north county. She said she was excited about the future. D. Council Member Dodd Council Member Dodd asked the City Manager for a project list. The City Manager advised that there would be a staff meeting in the morning and then he could provide that list. He thanked staff for staying for the whole meeting. E. Council Member McPartlan 19 of 295 Regular City Council Meeting March 8, 2023 Page 14 Council Member McPartlan asked the City Manager and Council Member Dodd to support Chris Stevenson and Karen Diegl's request for the disadvantaged transportation funding because that money they will receive will be multiplied in Indian River County. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 9:17 p.m. Approved at the April 12, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 20 of 295 ,m �i SEAT" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 22, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. Deacon Bob Quinnell of St. Elizabeth's Episcopal Church gave the invocation. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn (Zoom) Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present. City Manager Paul Carlisle Interim City Attorney Andrew Mai City Clerk Jeanette Williams Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Administrative Services Director/CFO Ken Killgore Airport Manager Jeff Sabo Police Chief Dan Acosta Police Captain Tim Wood 5. AGENDA MODIFICATIONS There was no objection to the City Manager's request to add the emergency purchase of golf cart replacement batteries under New Business. 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS 23.052 A. Proclamation - Treasure Coast Society Children of the American Revolution for the N.S. C.A.R. National Dav of Service — April 5, 2023 Mayor Jones read the proclamation and presented it to the children of the Treasure Coast Society Children. 21 of 295 Regular City Council Meeting March 22, 2023 Page 2 23.018 B. Presentation of Fiscal Year 2022 Comprehensive Annual Financial Report and Annual Citv Audit by Ross Cotherman of Rehmann Robson {Transmittal. CAFR available at: httt)s://www.citvofsebastian.or2/Archive.ast)x?ADID=148: CRA Report. Sinale Audit) Mr. Cotherman introduced himself and said the Annual Comprehensive Financial Report provides the highest level of transparency and accountability for the residents; the single audit indicates compliance with state and federal grants; and the CRA audit proves that CRA expenditures are properly approved and accounted for. He thanked the Chief Financial Officer for setting the tone at the top in making the creation smooth and effortless. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to accept the Fiscal Year 2022 Comprehensive Annual Financial Report and Annual City Audit by Ross Cotherman of Rehmann Robson, LLC. There was no public comment. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor .tones - aye Motion carried. 5-0 BriefAnnouncements: Friday, March 24 - Chamber of Commerce Concert in the Park - Professor Pettygoode's Mighty Flea Circus (swing -a -billy rock) - 5:30pm — 8pm Saturday, March 25 - Sebastian River Art Club Show in Riverview Park 10am — 3pm Friday, April 7 — Leisure Services Annual Easter Event begins at 6: 00 pm with Meet the Easter Bunny for Photos; Easter Egg Hunt starts promptly at 7:15 p.m.; Sebastian Police Department's Movie Night Out "Peter Rabbit" at 7:45 pm — Riverview Park Council Member Dixon announced the upcoming events. 7. PUBLIC INPUT - None 8. CONSENT AGENDA A. Approval of Minutes — Regular Meeting — February 22, 2023 22 of 295 Regular City Council Meeting March 22, 2023 Page 3 B. Approval of Minutes — Waste Management New Rates Workshops — March 6, 2023 —1:00 pm and 5:00 pm 23.053 C. Attachment E-7 Resolution for Assistance 2023 Under the Florida Inland Navigation District Waterways Assistance Program — North County Marine Law Enforcement Facility (Transmittal, Resolution) State, County and City Marine Law Enforcement agencies are seeking a safe haven for their emergency vessels to aid in the public's health, safety, and welfare along the navigable waterways. Current accommodations are no longer available at no charge forcing many of the vessels to be dry docked until an emergency arise. Existing City facilities will be altered to accommodate law enforcement marine vessels including fencing, lighting, cameras, signage, lock boxes etc. to provide efficient and timely emergency services to the public. 23.054 D. Attachment E-7 Resolution for Assistance 2023 Under the Florida Inland Navigation District Waterways Assistance Program — Working Waterfront Extension (Transmittal, Resolution) The City of Sebastian and Fisherman's Landing Sebastian are working together to secure necessary funding in order to expand the Working Waterfront facilities and secure safe harbor for our commercial and aquaculture industry. Currently, commercial fishing vessels and aquaculturalist are at risk of losing a place to conduct business here in Sebastian and along the east coast of Florida. Many existing marina facilities are no longer interested in accommodating commercial fishing vessels in exchange for more lucrative and smaller space for recreational vessels. 23.055 E. Approve Change Order #1 to True North Emergency Management in the Amount of $5,127.50 to Close Out all Hurricane Ian Debris Removal Purchasing Documentation (Transmittal, CO#1, Notices, Contract, Invoices) 23.056 F. Approve Change Order #1 under the Concrete Services Agreement with A. Thomas Construction, Inc. in the Amount of $16,800 to Close Out all 2019 Concrete Related Drainage Improvements (Transmittal, Contract, Purchase Order, CO#1) Mayor Jones asked to pull items C and D. MOTION by Council Member McPartlan and SECOND by Mayor Jones to approve consent agenda items A, B, E and F. Item C - North Countv Marine Law Enforcement Facility The Interim City Attorney read the brief description of Item C. The City Manager advised that the dock used by the Sebastian Police Department is no longer available so the marine unit is dry docked right now. He asked for approval to dock the vessel, as well as other law enforcement vessels, at the end of the pier. 23 of 295 Regular City Council Meeting March 22, 2023 Page 4 MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the Resolution for Assistance 2023 Under the Florida Inland Navigation District Waterways Assistance Program for the North County Marine Law Enforcement Facility. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 Item D - Working Waterfront Extension The Interim City Attorney read the brief description. The City Manager said for the most part, the working waterfront dock is no longer available for the commercial fishermen. This grant will help with the planning and permitting of a dock extension. He requested approval. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve the Resolution for Assistance 2023 Under the Florida Inland Navigation District Waterways Assistance Program for the Working Waterfront Extension. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS Mayor Jones reported that the County has finished up their beach nourishment efforts in time for turtle nesting season. Council Member Dodd mentioned there are some bills in Tallahassee that will really affect local governments right now and encouraged the residents to contact their legislators. 23.026 A. Planning and Zoning Commission (Transmittal. Annlications. List. Advertisement) i. Fill One Expired. Regular Member Position — New Term to Expire 2/l/26 MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to move Susan Lorusso up to the regular member position. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye 24 of 295 Regular City Council Meeting March 22, 2023 Page 5 Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 ii. If Necessarv. Fill One Alternate Member Position Council Member McPartlan nominated Cindy Geesey and Vice Mayor Nunn nominated Terrence McGinn. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to waive the advertisement requirements to fill the alternate member position. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 Roll call on the nomination: Vice Mayor Nunn - Mr. McGinn Council Member Dixon - Mr. McGinn Council Member Dodd - Ms. Geesey Council Member McPartlan - Ms. Geesey Mayor Jones - Ms. Geesey Cindy Geesey was appointed to the alternate member position. 10. PUBLIC HEARINGS 23.013 A. Resolution No. R-22-34 Providing for an Annexation Agreement (Transmittal, Agreement, R-22-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AND THE GRAVES BROTHERS COMPANY TO MEMORIALIZE THE PARTIES UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY, AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE OF THE PROPERTY, PROVIDING FOR CONFLICT; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE The City Attorney read the title of Resolution No. R-22-34. The City Manager said resolution would provide for the mixed use requirements for the Graves Brothers' property and contains the future land use conditions. 25 of 295 Regular City Council Meeting March 22, 2023 Page 6 6:30 pm The Community Development Director said this was a similar agreement passed earlier this year between the land owner and the City with regard to the future development of the property. Staff requested approval. Dr. Graham Cox, 1215 George Street, said in the last year four environmental groups have issued joint statements conveying their concerns for not preparing a detailed plan for the property. (See attached) Tim Glover, President, Friends of St. Sebastian River, encouraged Council to employ a planning consultant to ensure best outcome for the natural resources and community. Zoom Particination Charles Stadelman, speaking as a private citizen, said a lot of the requests by the environmental groups are valid but the City isn't in a position to address the requests until it is annexed. He thanked Council for bringing this issue to the citizens. Terry McGinn, Miller Drive, said the City is being nibbled away on its edges including north Indian River Drive and on the south side where a hotel is going in with additional developments going in on CR510. He said if the City had annexed sooner we wouldn't have what's been approved. The Community Development Director said staff still recommended approval. Council Member Dodd explained that the City was bringing back the annexation to comply with the recent Fourth District Court of Appeals decision in Michael David Testa vs. The Town of Jupiter Island, Case No. 4D22-432 by re -noticing and re -hearing the annexation request. He said he had sympathy for the groups that are against this but he disagreed that the City doesn't know what we are doing as we have had qualified people look at this. He said he didn't think they were doing any more damage to the environment than what is being done with all of the already approved subdivisions. The greatest impact on the lagoon is the 10,000 septic tanks in the highlands and the 144 septic tanks within 50 yards of the river. He would love to have the assistance of the environmental groups to help get those addressed. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve Resolution No. R-22-34 Providing for an annexation agreement. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 26 of 295 Regular City Council Meeting March 22, 2023 Page 7 23.013 B. Re -advertised Second Readina and Public Hearing of Ordinance No. 0-22-07 Petition for Voluntary Annexation — Graves Brothers Comnanv (Transmittal, Survev, Ex. 1 a & 1 b, Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW, NORTH OF 69TH STREET ROW, AND EAST OF 90TH AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Interim City Attorney read the title of Ordinance No. 0-22-07. The Community Development Director said this was the exact same document that they approved on February 8, 2023 and staff supported it. George Glenn, Jr, attorney for Donna Halloran, Graham Cox and the Pelican Island Audubon Society said they believe the annexation has issues with the Florida Statutes. MOTION by Council Member McPartlan and SECOND by Mayor Jones to approve Ordinance No. 0-22-07, a petition for voluntary annexation from the Graves Brothers Company. 23.013 C. Re -advertised Second Readine and Public Hearine of Ordinance No. 0-22-13 - Reauest for Comprehensive Plan Future Land Use Man and Text Amendment — Graves Brothers Comnanv (Transmittal, 0-22-13. Staff Retort, Justification Statement, P&Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The Interim City Attorney read the title to Ordinance No. 0-23-13. The City Manager said this is a future land use map to set priorities on how property is to be developed. The Community Development Director said this request would be sent up to the Department of Economic Opportunities after adoption and if it is not challenged within 30 days, it will come into effect. 27 of 295 Regular City Council Meeting March 22, 2023 Page 8 George Glenn, Jr, attorney for Donna Halloran, Graham Cox and the Pelican Island Audubon Society said they have concerns internally inconsistently with Policy 1-1.4.1 Agriculture Land Use Designation. MOTION by Council Member McPartlan and SECOND by Council Member Dixon to approve Ordinance No. 0-22-13 regarding a request for a Comprehensive Plan Future Land Use Map and Text Amendment for the Graves Brothers Company. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.035 D. Quasi -Judicial Public Hearing of Resolution R-23-06 — Reauest for a Special Use Permit — Take 5 Express Car Wash — 1979 U.S. Hip-hwav #1 (Transmittal, Staff Report, Presentation, Minutes, R-23-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO BE LOCATED AT 1979 U.S. HIGHWAY #1 WITHIN THE RIVERFRONT OVERLAY DISTRICT'S CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. Mayor Jones opened the hearing at 7:01 p.m. and the Interim City Attorney read the title of Resolution No. R-23-06. There were no ex parte communications to be disclosed and the City Clerk swore in those who were to provide testimony. Jonathan Barkett, attorney representing the applicant introduced himself and Dillbert Wenfroe, Jason Sheridan, and Drew Barkley. Mr. Sheridan described the site's location with the amenities and its recycled water system using a PowerPoint presentation. (See attached) He pointed out the best possible sites for an express car wash are near a Wal-Mart, near a commercial strip mall, or close to a light or a stop sign on a main thoroughfare where people are actually shopping. Because the property has access only from Walmart, he went over the uses that Walmart will permit which have contributed to the site being vacant for so long. The Community Development Manager asked that the staff report be admitted into the record. She said the uniqueness is the proximity to an existing car wash and another car 28 of 295 Regular City Council Meeting March 22, 2023 Page 9 7:17pm wash being processed by the County. She said staff was unaware of Walmart's part in what uses could be used for the old World Bank building and noted the picture on the last page of their presentation indicates a building that meets code. Because this hearing was is being considered a re -scheduled application, she pointed out a third condition of approval that was added in the resolution that existing Oak trees and Cabbage Palms be preserved and protected during construction. She asked Council to consider the guidance that staff has presented. Council Member Dodd asked if other overlay district requirements such as landscaping needed to be referenced in this. The Community Development Manager said the landscaping requirements would be submitted with the site plan application. She noted the bank does have its own stormwater tract. Council Member Dodd asked if this special use would go with the land. The Interim City Attorney advised that it would go with the land and noted section 2 of the resolution specifies what can operate at the location. The Community Development Manager added that the permit would expire after five years which can be adjusted by Council. The Interim City Attorney then added the resolution does specifically identify the applicant, Driven Brands, Inc. The Community Development Manager suggested that car washes can be added as a permitted or conditional use to specific zoning districts so the City does have a bit more control of where they are located. Council Member Dodd said he would love to see the Planning and Zoning Commission consider that. There was no one to speak in favor or opposition of the request. The Community Development Manager concluded by asking Council to review all of the materials and deny or approve the request with the special conditions of the special use permit. The City Manager asked that the testimony and presentation be included as part of the record. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Resolution No. R-23-06 with the three conditions and all of the testimony. Vice Mayor Nunn said for the record, while he would not like to see another car wash, he would like to see a building that hasn't been used for over ten years be open and used for something that will benefit the community. Council Member McPartlan said this was a perfect spot for a car wash. Roll call: Vice Mayor Nunn - aye Council Member Dixon - nay Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - nay Motion carried. 3-2 29 of 295 Regular City Council Meeting March 22, 2023 Page 10 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 23.048 A. Waste Management Exclusive Franchise Agreement Council Member Dodd opened the discussion by offering a MOTION which was SECONDED by Council Member McPartlan to reconsider the vote of RFP #22-07 of March 8, 2023 meeting and bring it back for consideration. There was no public input. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 Council Member Dodd said the City cannot transfer the collection of the mandatory fees to the tax collector's office until October 2024. That means the City will be in the position to collect the revenues from the citizens for about 15 months and the City will be responsible for bad debts. He said at the last meeting, Waste Management advised they have a 17% non-payment rate and at the $19.45 universal rate for 10,000 homes that equates to $194,500 a month. If there is a 17% non-payment rate that means the City is on the hook for $33,065 for each month which will be $495,000 over 15 months. He said he believes the non-payment rate will be higher because all of those not wanting the subscription. He said he was intending to move that they recall the RFP item as well as #12a, i and ii until the next meeting to give the City Manager an opportunity to discuss with Waste Management what options are available. As an example, are they willing to do $27 for 15 months and then move to universal on October 1, 2024. Is it going to cost extra $70,000 incentives to get that done which is better than $495,000. We can lien property if they don't pay but we will never receive the money. We have a bad record of collecting liens so we will be forgiving this bad debt that will come out of the City's cash flow —reserves and general revenue which will prevent the City from hiring personnel or raising taxes. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to table the reconsideration of RFP #22-07 from the March 8, 2023 and item #12a, i and ii until the next meeting and direct the City Manager to carry on a conversation with Waste Management about what options might be available. 30 of 295 Regular City Council Meeting March 22, 2023 Page 11 Mayor Jones said the City would have to employ a full time employee and set up a billing program. The City Manager said the tax collector and Waste Management can work on the billing for a fee. The Interim City Attorney advised that the March 8 h motion was to approve the once a week service and direct the City Manager to draft up the enacting ordinance and agreement which require additional approvals which haven't been given. Council Member Dodd repeated the motion. Public Input Marc Maison said during the workshops and at the February meeting it was explained that the new trucks and franchise fee were going into the general fund. The annual 3% CPI increase, the word mandatory to entice the cheaper rate was not mentioned. To this day, most residents are unaware that universal means it is mandatory and it is on the tax bills. He said given all of the complaints about Waste Management that maybe it was the wrong company. He said there was an election coming up in November and maybe they should add Waste Management to the ballot so the members of the community could vote their opinion. Andrea Coy said they have had plenty of time to discuss this in a reasonable fashion and put out to bid; it wasn't bid as a universal service which is probably why Waste Pro didn't bid. She said there seems to be some communication issues and has turned into a real mess. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 i. First Reading Ordinance No. 0-23-06 — Exclusive Solid Waste Collection Services — Set Public Hearing for April 12. 2023 (Transmittal, 0-23-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. 23.048 ii. Consider the Implementation of the Solid Waste Franchise Fee (Transmittal) 31 of 295 Regular City Council Meeting March 22, 2023 Page 12 Mayor Jones called for a recess at 7:39 pm and upon return at 7:47 pm, all Council Members were present. 23.036 B. Resolution No. R-23-08 Acceptina the 1" Ouarter Financial Report and Reco2nizin2 Necessary Amendments and Adiustments to the FY 2022-2023 Annual Budget (Transmittal, R-23-08, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-23-08. The Chief Financial Officer said this was the normal routine of presenting the financial status and all of the adjustments that were approved by Council during the first quarter. He touched on the summary of the general fund and forecast on page 364; the capital project status report and the investment report. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Resolution No. R-23-08 accepting the first quarter financial report and recognizing the necessary amendments. Council Member McPartlan recognized the Police Department Volunteer hours on page 375 which works out to about five full time employees. He extended kudos to the volunteers. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.057 C. ADDrove the Piaavback Purchase of Plavaround Eauipment for Improvements at Easy Street Park and Filbert Street Park from the Manatee County School Board's Contract #21-0053-MR and Omni Partners Co -Operative Contract #2017001134 in the Total Amount of $102.474.08 (Transmittal, Ouotes, Pi2avback Documents) The City Manager advised this was approved by the Parks and Recreation Advisory Committee. There was no public input. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve item #12c. Council Member Dodd said the parks are a big draw to the City and Vice Mayor Nunn noted handicapped features were incorporated into the equipment. 32 of 295 Regular City Council Meeting March 22, 2023 Page 13 Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.058 D. Authorize the Citv Manager to Notifv the Florida Dent. of Transportation to Proceed with the Textured Pattern Pavement on SR-5/US-1 from Harrison Street to Davis Street for the Low Bid Amount of $476.188.50 (Transmittal, Email, R- 22-33, Minutes, Transmittal, Emails, Minutes) The City Manager said this project has come in higher than what was projected and asked for approval to expend the additional funds. There was no public input. MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the funds to FDOT for the US 1 textured pattern pavement project. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.009 G. Approve the Emerp_encv Purchase of Replacement Batteries and Water Svstems for the Citv of Sebastian Golf Carts in the Amount of $16,316.40 from Roval Battery (Transmittal. Form. Ouote, Certificate) The City Manager said there were batteries replaced during COVID which are starting to fail and now leaving people stranded. He requested approval for the emergency replacement in the amount of $16,316.40. There was no public input. MOTION by Council Member Dixon and SECOND by Council Member Dodd to approve the emergency purchase of replacement batteries and water systems for the golf carts. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.019 E. Discuss Charter Officer Evaluations (Transmittal) 33 of 295 Regular City Council Meeting March 22, 2023 Page 14 Council Member Dodd said there was some confusion when they approved the new policy. He said October 1, 2022 was the effective date of the salary increases based on the salary study and union contracts that applies to the union, exempt and charter employees. He further explained, February 2023, Council approved the new Charter Officer evaluation process that means the current contracts are out of sync with the new process. As part of the new process, we directed the Mayor to execute the contracts to make them consistent with that. In March 2023, we agreed to do the evaluations of the Charter Officers. Because of the time, it will probably be April before the Mayor gets through the process of changing the contracts. The agenda item covers the evaluation of the officers, at the next meeting Council needs to provide some input to the Mayor on the new contracts. Mayor Jones said he was done with the evaluations. Council Member Dixon said she was sensitive to the contract change. Council Member Dodd said it was never intended to be punitive; there was consensus to make the charter officers more in tune with the Council than the union contract. He said he would assume whatever salary increase they might determine would be effective October Is' of this year and in 2024 they would go back to April/May/July timeframe for the evaluations. Council Member McPartlan said he understood they were going to do evaluations this meeting. He said he has spoken to each officer and went over each evaluation. He said the City Clerk was an overall 5. He said the City Attorney has been phenomenal to work with and he was sorry to see him leave. He recommended a retroactive 5% increase for the attorney since the time he was here. He read his evaluation of the City Manager into the record. (See attached) He said any one of the actions mentioned in his review is a problem but the totality of the actions, behaviors and attitudes was too much for him to continue to support Paul Carlisle as the City Manager for Sebastian and he made a MOTION for "no confidence" in the City Manager. There was no second to the motion. Mayor Jones said at the next meeting Council can discuss what they would like to see in the renegotiated contracts. Jonathan Barkett, attorney with Collins, Brown, and Barkett, said he has worked with a lot of municipal and county officials and without a doubt the City Manager was ethical as they come. Zoom Input Andrea Coy asked how the previous speaker knew there would be a motion for a vote. She read a letter into the record regarding the management of the City. (See attached) Council Member Dodd said he believed if you have an employee that they are unhappy with, one of the objectives is to go through a rehabilitation process. He was not prepared 34 of 295 Regular City Council Meeting March 22, 2023 Page 15 to take it to a punitive stage without going through a rehabilitation process. He said he didn't want anyone to believe that Council Member McPardan was out on left field by himself because there are valid issues that need to be dealt with that can be addressed as they move forward. Mayor Jones agreed and said he planned to talk to the officers. Council Member Dixon said this was new to her and noted the City Manager has been amenable to her. Vice Mayor Nunn said from his personal experience the City Manager has always been communicative and responds to his calls and messages. He said there are some small issues but if you have a problem with an employee they should talk to them and work through it. Council Member McPartlan said he has come in to talk to the City Manager and has called him to see what concerns they have for upcoming council meetings. Going back to the Council meeting with the strategic plan, he asked what is on the agenda and the manager said the two car washes. He said it's not that the manager lies to him but he doesn't give him what he needs. Council Member McPartlan said it's not for lack of trying because he calls the manager who calls him back with messages that don't say anything or not ask for a return call. He said he isn't forthcoming with information. He asked himself where he goes from there which is what he did tonight. 13. CITY ATTORNEY MATTERS The Interim City Attorney said he has been working well with department heads and he appreciated the opportunity to work with everyone. 14. CITY MANAGER MATTERS The City Manager announced that tomorrow night the Florida Fish and Wildlife Conservation Commission would be in Council Chambers to talk about establishing ten new snook management regions. He invited the public to participate. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Nunn thanked staff for the hard work they do for the City. He said by moving to a subscription solid waste option it will cost taxpayers an extra $900 a year which is a huge amount they are asking people to pay but there will more discussion on this issue. 35 of 295 Regular City Council Meeting March 22, 2023 Page 16 B. Council Member Dixon had no matters to report. C. Council Member Dodd said the $900,000 to the residents resonates strongly but $600,000-700,000 cash outflow the City will have because we didn't process this quick enough to get it into the roll for 2023 is a gigantic stickler which is the reason he brought it up this evening. He said they need to be cognizant that they can't afford to lose $600,000-700,000 because of the timing. D. Council Member McPartlan said he was in Martin County for the Treasure Coast Homeless Services Council Point in Time count and he found it heartbreaking that Indian River County has more homeless than St. Lucie County and there was an increase of about 40% in veterans. He noted St. Lucie is twice our size and we have more homeless which is concerning. E. Mayor Jones had no matters to report. 17. Being no further business, Mayor Jones adjourned the regular meeting at 8:45 p.m. Approved at the April 12, 2023 Regular City Council meeting. Mayor Fred Jones ffYN +US Jeanette Williams, City Clerk 36 of 295 SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Snow's Space Coast Superior Events — Springtime Garden Fest Recommendation: Staff recommends approval for the Springtime Garden Fest Event. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 2 day Arts and Craft event at Riverview Park. Event dates are 04/29/2023 and 04/30/2023. Attendees range from 100-500 people throughout the event. If Agenda Item Requires Expenditure of Funds: N/A Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: �G Date: —?/-s // —? NIA N/A NIA 37 of 295 \% i AKK ONLf SEBASTI_ V HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, please dial 772.473.0454* 2,2 9 NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appropriate bo es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees) 00 ec $100 Security deposit - $100 rent plus 6.5% tax - $106.50 $2urity Deposit - $200 rent plus 6.5% tax - $213,00 Will event require road closures 'Must provide detailed site plan with application. 'if requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval. D � e:�� Name of Permittee (permits may only be issued to an adulT- Name f Organization (rf ap licable) PhysI Addre /t Mailing Address if Different Zr-1 -��q J n,, Uty State ZIP Phone rail) 4/2 Requested Date(s) Fain Date (if applicable) Time From -To Anticipated Number of Attendees Reason for Rental = Type of Function Will Cher a any sale of goods? Yes No (If yes, please describe type of goods on back) Wtodf ood or other vendors? YNo (if yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be ererwise asse bled y back. (May require Health Dept. or Fire Dept. permit) I,n l(h lam, the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aprovisions o he City of Sebastian Codes in respect to this application and use of City facilitir;,,s for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed ?bthe City and agree o the terns thereof. i �E plicant Special Event/Park Use Application Rev 01.2021 38 of 295 -�. City of Sebastian , Horne of Pelican Island City of Sebastian Municipal Police Department Applicatiou for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the Citv of Sebastian, 1225 Main Street, Sebastian, Florida 3295$. *** (3) [lour Minimum Per Each Officer Required*** Rate Per Hour For Each Officer .............. $40.00 Rate Per Hour For Each Supervisor ........... $45.00 Rate Per Hour For Each Vehicle .............$3.00 lJ_ (Applies to on -site utilization of vehicle) Applicant: Mailing dress: Cit �(�1,,��YY��a�,✓1 - Statc:�/ ZipCode: �d I Requested BY:�'LPr Jr-yfTelephone Numbers:�F{J ---) VoL (I Officer is required for attendance of 75 to 150 : 2 - Officers are required for attendance of 151 to 300) Number of Officers required: In Uniform: yei PIain Clothes: Starting Date% 3 / Ending Date: Starting Time: Ending Time;G:Ta� Services Requested: f L/l' I i/� T ��i�/7''R rf ✓� �� �1�� -! �� Service Location: Estimated AttendanceAoJ�}- Alcoholic Beverages Served: Yes No Type Other Comments or Duties: Date Received y/ Applicant's Signature Please apple online rince %uu ha%v bceu appro%ed: hnM.'Irrcguests.detailkammander.comsebastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 39 of 295 CITY OF SFRA Y14 ROMr Or PLLICAN ISLAND pull IIIN &RI PAR I up MR 11Rt MMINTION01110 1-125MM%STRUT -S1MUM ILORIDA 3Z4M rrtrMONNji'Mseo.W. rAstrr_1NN =can SPECIAL EVENT / PARK USE ONLY PERMIT TECH.�R7 R 41+ - ( PERMIT NO. �'"✓� �,J v / Application date /�J —'-xDw' �) n r Name of event: _61vi -- !I J f Organization holding event:- i7/y �� Address location for event-&Oo U) I i Il r/ t/ %l �l/fl t .1:4 / ! (if not owner of site, provide written consent from property owner) Date{sj of event: / �"�/j �0��C �_?WSJ me(s) of Event: from: �/�/l 0 r y Contact person{s}; f ✓�lr� V QVJ Phonels}'_5 � Cg i a Contact e-mail address 0 /.%i��1j4) . eo o-N Date when ready for ins pection:`/-.r?' APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SXECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECXLIST AND SIGN AT THE BOTTOM. •': NOTE; ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WESSITE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAIRE 1. Location of cooking shown an attached sketch? YES _ N/A 2. Is any cooking taking place under a tent? If yes, Explain: I (No deep frying permitted under a tent) 3. Describe Number, type and size of cookers 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) SPECIAL EVENT SITE INFORMATION I. Number of On -Site parking stalls utilized (provide a parking plan) �J y«� /(J:Tr! PAd,17 47 1 2. Is Off -Site or overflow parking available? Explain Iprovide agreements with property owners) W11/ fa)k-idl w�� l'1J4e;/ 40 of 295 1. Number, type and location of proposed restroom facilities: r f r 4 " v 2. Number and Type of temporary structure($): Size(s): 3. Temporary electric power? Please check: Yes /IQ No Provided By: Portable Generator� Other If Other, please describe:/ -//mil %y 7 ✓ .H �it-r z 4. Providing crowd control, security, or parking assistance? /i Yes X�/ No If yes, pl describe ev,-4T`) 5. Estimated attendance at pdvak time: Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to he sold in the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 7131 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found in non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code vioiation(s). I HAVE READ AND UNDERSTAND THE FOR GOI PECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST Ti APPLICANT'S SIGNATURE: ' PRINTED NAME: Approved: Denied: By: Date: City Manager's Signature Approved: Denied: By: Date: Fire Marshal's Signature Fire Safety Specialty Fees Small Special Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurring; Special Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) Large Special Event: $60.00 All other Special Events (per event) " ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE' 41 of 295 Ct'l'Y OF SQ3ASTJ tiobw or PLUCAN ISLAND UUMPING UCPAIIIMM t IR! Ill WMIONOt 110. 1't� \rAw rrarrr • S1:RASZL{A, tI.ORMA 3..75A +� �? �1 i1 / 1 ] `, r rl:t1:PHONE. L7.-21 W)-&U I'Ali t%nr4ipI!Su. F��E �D !RS CHECKLIST SPECIAL EVENT VENDOR REOEIREMENTS General: Please read carefully ! initiale achsection and sign at the bottom, All vendors shall be responsible for the following items: SPECIAL EVENT NAME ��` /�l _ /r V1 ENDOR NAME: Pr'�U fR S�CL DATES) OF EVENT: 'S J- �3 J ` �� VENDOR CONTACT:.. EVENT COORDINATO . /A Sr" 1(7{..) 1 T NTS: All tents shall have some type of Flame Retardant or sistant Cerlificale (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 1202 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. OOKING TENTS: Tents are allowed to have cooking P LIANCES) along the outer edges of the tent. P gas tanks must be secured in place (max cap 201bs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. All cooking vendors shall have a 10ft. separation from all other (11 on -cooking vendors. NO DEEP FRYING UNDER TENTS FIRE EXTINGUISHERS: It is recommended that every vendor have an extinguisher. At least one currently certified and tagged or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking and/or using generators are required to have aI least one 51b ABC currently certified and tagged, or within one year of manufacture date. (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently gged Class K extinguisher. T116-EATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 3ft. wide walkways to all exits in the tent. Tents with an occupant load of over 49 require a minimum of 2 exits. ra',LARGE TENTS: For tents, 20x20 or larger where enclosures re used (sides), exits shall have exit signage. If a tent is used at mghl. exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOKING signs. OPEN t LAMES: Any unauthorized open flames, fireworks or fuel.fired lighting or devices are prohibited in any tent or similar enclosure unless prior approval from the Fire Prevention Office is obtained. SPECIAL EVERT PERMIT NO. ORAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. OORIDECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, lent or canopy. Exceptions: Pre -approved flame retardant treated materials or livestock beddinglfodder, Wr.,ENERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupanlstgeneral public. Exhaust shall be directed away from combustible malerial(s), people and/or animals. Spare fuel shall be stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. LECTRIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupantslgeneral public in a safe manner. All electrical connections and devices shall be in approved enclosures. OOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and extinguishment/suppression sn systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevenhon Code (FFPC), NFPA 1, NFPA 96, NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist Items may not be allowed to open and/or operate until compliance is made. 1 have toad and undersland thee vendur requirements X'�RR.�n'Al. 'af Event il �ir�GWFCW]al X '�a Ch_Event V bes rM .S r 7UL 0 42 of 295 A� ® CERTIFICATE OF LIABILITY INSURANCE I oATEtMMlDommr) 2/272022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. if the certificate holder Is an ADDITIONAL INSURED, the poliry(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endarsement(s' PRODUCER r UNIACi wry ayl" State Insurance Agency Inc. (772) 426.9933 I FAX. No,,(772) 426-9943 1010 SW Martin Downs Blvd certificates®statelnsuranceagent corn Palm City UMRED DiSURER( )AFFORDINGCOVERAGE FL 34990 INSURER A: RLIInSUraRCe mpany INSURER B : NAM 0 Barbara Ann Snow INSURER C : DBA: Space Coast Superior Events INSURER D : 1099 whisper Rd SE INSURER E Palm Bay FL 32909 INSURER F COVERAGES CERTIFICATE NUMBER: CL22122716811 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL 5UUK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE MIRVO WPOLICY NUMBER (MMMDNYYYI (MMIDONYYY) LUi1TS x COMMERCIAL GENERAL LIABUM Mp� S 1,400,000 CLAIMS-MAOE ® OCCUR PREMISES (Ea aoaumnce) 3 60,000 _ MED E%P (Am one Person) $ 5,000 A Y 60121050166 01/0312023 01/03t2024 PERSONAL aADV A UURY i Included GEN%AGGREGATE LIMIT APPUES PER: GENERALAGGREGATE S 2,000,000 POLICY JJECTF—I LOC PRODUCTS -COMWOPAGG S 2,400.000 OTHER: S AUTOMOBILE LUU3(LITY CO � SINGLE LIMIT i ANYAUTO BODILY INIURY(Per Person) S OWNED SCHEDULED BODILYINNRY(Per aaWaM) i _ AUTOS ONLY AUTOS HIRED H NON -OWNED PROPERTY DAMAGE i _ AUTOS ONLY AUTOS ONLY (Par aotfdaml i UMBRELLA, UAB HCLAIMS-MADE OCCUR EACH OCCURRENCE i EXCESS LIAB AGGREGATE S ENTIwoRDEDsu=TION S I I I AND EMPLOYERS' uABILRY Y I N NTE ER ANY PROPRIETORIPARTNF.RIEXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? a NIA {YandatorY In NH) E.L DISEASE - EA EMPLOYEE S q Yes. desalt under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddMonal Remarks Schodufa, maybe attashad Ir atom space is rwored) RE: January 28-29.2023 Ced Rate Holder is Additional Insured with regards to General LiabWly. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE VAT H THE POLICY PROVISIONS. 1225 Main Street AUTHORIZED REPRESENTATIVE Sebastian FL 32958 10, ©1988-2015ACORD CORPORAIWN4'/##ghts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD City of Sebastian 1225 Main St. I Sebastian, FL 32958 1 772.589.5537 *** Customer Receipt *** Date:211712023 Planning Number: 22-5089 600 U S HIGHWAY 1 SEBASTIAN FL 32958 Paid By: Snow's Space Coast Superior Events Barbara Snow 1099 Whisper Road S.E. Palm Bay, FL 32909 Payment Description: Payments Payment lD Recelved Payment Reference Fee Amount Date Type Nurn 10134738 2/17/2023 Credit Card BARB SNOW Security Deposit $200.00 Park Event Large $200.00 Park Event Large $200.00 Tax $26.00 Fire Special Event $60.00 $686.00 Total $686.00 *** Thank you for your payment *** THIS IS NOT A PERMIT. This receipt does not authorize you to begin construction on your project. 45 of 295 an Cf SEBAS-T�" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Auenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Guest Family Birthday Party at the Sebastian Yacht Club. Back -around: Frances Guest is seeking Council approval to serve alcoholic beverages at the Sebastian Yacht Club on Saturday, April 22nd, 2023 from 11:30am to 4:30pm. Staff has verified applicant's date of birth. They are expecting up to 50 people. If Agenda Item Requires Ex[Denditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if'applicable: NIA City Manager Authorization: f / Date: —2/7%/�� 46 of 295 lin Of MA HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX_ (772) 388-8249 " For emergency purposes ONLY, please dial772.473.0454• Date:311919Dn3 ❑ Community Center I Yacht Club Fr an Ce; C . G v e S+ Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 1 Li CLS+ Te f t-0oe, Physical Address Mailing Address (if different) i,e 1 skon 5 $DS �cu �. nu -'5e 1p 3� Co abl,cam city State Phone Eail Reason for Rental —Type of Function 7 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Time: From To 30,E (fS Y1a t_ Date of Birth Verified by I, , the undersigned, acknowledge that l am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant 47 of 295 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2608 Name GCash Date 1A0 �10 2-3 a Check # 0 Credit t SO AA Amount Paid 001001 208001 Sales Tax 8 ,91,5- 001001 220000 Security Deposit 250• oo 001501 362100 Taxable Rent 1 25 •0 O 001501 362150 Non Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services —pick v 11e� a�' CA+1 i-Eaaa m n 4� o M 'ham I�'edu rn � b� 410.r Depoqt re4vrrk w, 6l h4� YY►ard.edZ on 4/28 (4,A tpP Total Paid 3 83 13 Nmitials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 48 of 295 OR * $E _ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Ritchey Family Birthday Party at the Sebastian Yacht Club. Backeround: Sierra Ritchey is seeking Council approval to serve alcoholic beverages at the Sebastian Yacht Club on Saturday, May 27th, 2023 from 6:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting up to 50 people. If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: Date: 2111lj_? 49 of 295 LMoF SEBASTI_ .N HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 For emergency purposes OVLY.please dial 772.473.0454 * Date:af; VjS/dm444y/&�� Yacht Ciub t I x Name of Permittee (permits may only be issu�yd to an adult) Name of Organization (if applicable) 10F_�- PPrmn l n� Physical Address Mailing Address (if different) �&Q*can PL, R124M 1; R�3 x Sitrrarif chn 00o1. city State Phone E-Mail CO M PnY4- ( CoctK� Reason for Rental — Type of Function 50 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) 0nt � ,(9 C�; ( rn i0prn M�yAlr) Requested Date Time: From To Please answer the following yes or no: As 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 0n 3) Will alcoholic beverages be served? Y +_ I`Q-- if yes, please provide govt. issued tD proof of age r) Date of Birth Verified by the undersigned, acknowledge that I am the applicant or authorized agent of i:he above reerenced organization, t t I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of Ci facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Sign tL?�e f Applicant Revised 112021 50 of 295 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2599 Name���'�Q-�� Date..5 wl.7 7 IJ � 5 G�00" , /Op-344 001001 208001 Sales Tax 001001 220000 Security Deposit U Cash a Check # ACredit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services (;4s Initials Amount Paid 4 Total Paid 3svv White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 51 of 295 MCf SWT�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Bedolla Family Graduation Party at the Community Center. Background: Maria Bedolla is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, May 27th, 2023 from 4:001)m to 11:00pm. Staff has verified applicant's date of birth. They are expecting 60 to 75 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: / Date: 11%/1 3 52 of 295 On J SEB TI N + HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 * For emergency purposes ONLY, please dial 772.473.04541 Date: 3w' 33 , Community Center ❑ Yacht Club 1' a rl-e, � � R-e JO (co — Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 47 s— Locoll I'r1_ -3 - Physical Address Mailing Address (if different) city State Phone E-Mail fu/niction cJ G'�'ttReason for Rental — Type of (cc. - -4:5- Anticipated !Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Time: From To Please answer the following yes or no; 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age �i e5 wn. \IP 5 21,31)9&D Date of Birth Verified by / y lQ V, GA N- &40 J(G—, the undersi4ned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250,00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant Rewsta 1 2-021 53 of 295 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2598 Name `_ 42-Pl0.. 56d O I, Q,� O Cast Date ,31 f 10;LQ:25 04pneck#.��.3 L�Or�'fi7'1 Una�y �'�+C✓ 0 Credit Amount Paid CYr�,du aEst� �i 001001 208001 SalesTax 001001 220000 Security Deposit 001501 362100 Taxable Rent .f,218 0 too 001501 362150 Non -Taxable Rent 001501 342100 Polio Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursernent Services A&V (pwf niN'waG'o►St* f�et� M► W1 by s%3o na u9t it 1ae. WA Jed OnLyl-/"23 Total Paid.V0 Initials White - Dept of Origin - Yellow - Adrnin. Svcs. - Pink - Applicant 54 of 295 CITYL-f SIE_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Raya Family Wedding Event at the Community Center. Background: Juan Luis Raya is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, June 17th, 2023 from 4:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 60 people. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if'applicable: NIA City Manager Authorization: C Date: 31j, 55 of 295 amLf SEBAST HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 • For emergency purposes L)NLY. please dial 772.473.0454 • Date: Z L�, Community Center till (In 1i<) `Kc- Name of Permittee (permits may only a issued to an adult) � 19C) q��h cf Physical Address ❑ Yacht Club Name of Organization (if applicable) Mailing Address (€f different) ve,,) hp(tc_�,� n,- (7� 2 IT. 5, 'Ucwflu�")' city State Phone E-Mail Wec0'1I'1 _0' 05F' tCt(1'1�� �Cll( Reason for entay— Type of Function ra < cl) FSO``-' I 9 MCI Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) � -)"Alf IArn - him � 00 10 on F� Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? �C� 2) Will there be an admission charge or door charge? ' 3) Will alcoholic beverages be served? Y If yes, please provide govt. issued ID proof of age 0(F Date of Birth Verified by 1, 'C�C� v\ L- l _ C *y o , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, 1:11at I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, ird part or full, of the security deposit. 56 of 295 'Si nature of Af! ican CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name �� � �' '!Z _1 Cash Date L �3 _ _1 Check # .Credit .02-028 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services up +7 A d1t -MIS Rt- 4?h 1%e fV rh -fi� key by 4/,w , Q,e.r� it /emu nd us i U fix. �n 2613 Amount Paid 3 ?,:SO ,2,TO.a0 50p1 oa 6 0 Total Paid 7$Z f 5V initials 57 of 295 White - Dept. of Origin - Yellow - Admin. Svcs. • Pink - Applicant c cncf J' Y HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Rotary Club of Sebastian Awards Ceremony at the Community Center. Background: Derek Gerry of the Rotary Club of Sebastian is seeking Council approval to serve alcoholic beverages at the Community Center on Sunday, June 25th, 2023 from 3:00pm to 7:00pm. Staff has verified applicant's date of birth. They are expecting 60 people. If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: i . Rental Permit Application ?. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: _ �/J/10 NIA NIA NIA 58 of 295 fly ciF SEBASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 * For emergency purposes ONLY, please dial772.473.0454* 3�z3�2s Date:" * Community Center ❑ Yacht Club Name of Permittee (perfmits may only be issued to an adult) Name 6T Organization (if applicable) yqy ral",0 7r Physical Address Mailing Address (if different) F L 067-4 3 j /ZU'i c.j� 'lrcrr� ►(___f!j-mac; la.'t City State Phone E-Mail �..,,.( �-�' y� f4wr� f � x.�s � �/�fa vr� c�-cr��,.•�_ . Reason for Rental — Type of Function 60 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Time: From To Please answer the following yes or no 1) Are you a resident of Sebastian? `f C-S 2) Will there be an admission charge or door charge? dJ b 3) Will alcoholic beverages be served? ye /go If yes, please provide govt. issued ID proof of age Date of Birth Verified by I, �efGk Ge-r the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility wil u in forfeiture, in part or full, of the security deposit. Signature of Applicant 59 of 295 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2614 Name �o C103 al - Name � Date ,3 3/ 3.s0 1 heck # ['r1 nufLV 2/ �crf �r J Credit ;rood r� 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 0 e) Y, S /, � --- Amount Paid 2,5'0 ►00 / QO'.00 me tiv�5 1qP Total Paid` 1aIs White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 60 of295 yin X SEEVSaT HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Aizenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Jennings Family Baby Shower at the Community Center. Background: Tracy Jennings is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, July Sth, 2023 from 11:00am to 6:00pm. Staff has verified applicant's date of birth. They are expecting 60 to 65 people. If AEenda Item Reauires Exaenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: �—( Date: /. j { NIA NIA NIA 61 of 295 CuLf SEBAST HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1226 Main Street Sebastian, FL. 32958 Parks Phone. (772) 228-7064 FAX: (772) 388-8249 * For emergency purposes 981Y please dial772.473.0454* Date: alas I 13 I Community Center ❑ Yacht Club �Y G � �eY14`ll � � s Name of Per ittee (permit may only be issued to an adult] Name of Organization (if applicable) I O' -bu0 C) S �- Physical Address Mailing Address (if different) 3CL-As-� o0l VL 32gsg mac e)'CN -ir y e iClo�171-UZn`1 city State Phone E-Mail ' to1bq SMVv-eAr Reason fbr Rental — Type of Function W - (05 .0u��� Anticipated N� ber of Attendees (if more than 75 attendees, police services are required by R-10-16) on Rea ueste ate Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? �� S 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? �� S If yes, please provide govt. issued ID proof of age Date of Birth Verified by .)nM o 1 the undersigned, acknowledge that 1 am the applicant or authorized agent of the above referenced or anization,1hat I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. �6nate of Applican Revised 112021 62 of 295 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2612 Name 0 KR,- J Cash Date�'-3 :� Check # (!c,,,,, � � n� C-� der credit ,.,77/2 l t r o-va-K.• (pp rvs. 001001 208001 Sales Tax {� Amount Paid • g� 001001 220000 Security Deposit 2.670•QQ 001501 362100 Taxable Rent .2 4 0 • 00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services plu� 7f 7 ?efij v rl kle'r '71 t z Total Paid Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 63 of295 tin Li SE— nL - , HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Ordinance 0-23-01— Petition for Voluntary Annexation — 40.23 ACRE PARCEL, 8925 86'h Avenue Recommendation; Adopt Ordinance 0-23-01 on second reading and public hearing. Backeround: The property owner, Daniel Hess of Double R&D Inc., has requested a voluntary annexation into the City of Sebastian, The subject property consists of 40.23 acres, more or less, located south of Sebastian River Landing subdivision and east of vacant property. The property is currently vacant and intended to be developed in tandem with the adjacent parcel to the west, Ordinance 0-23-01 was heard on first reading on December 14, 2022. The subject property is currently located within unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian to the north and west. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure. Current land use and zoning in the County is "R' Rural Residential and "AG-l" Agricultural, respectively. Application has been made to amend the land use to be compatible with I:he adjacent properties and intentions for development to "LDR" Low Density Residential simultaneously with the annexation of property. The applicant proposes to rezone the property to "PUD" Planned Unit Development as part of the entire 80+/- acre development under the guidance of the City land development regulations. FINDINGS 1. A petition for annexation has been executed by the owners of the subject property and is consistent with Chapter 171 F.S. 2. The proposal is consistent with the goals, objectives and policies of the City's 2040 Comprehensive Plan. The annexation of the property removes an unincorporated property which is contiguous, compact, and within the municipal service boundary. 3. The proposal does not appear to present an adverse impact on the public health, safety, welfare, or aesthetics of the city or region, 4. Level of Service (LOS) impacts will be addressed during site plan development. 5, The property legal description and survey are attached as Exhibit 1. 6. Attachment "A" provides the Statement and technical information for the property. I• f Aaenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Attachments: 1. Ordinance 0-23-01 2. Exhibit "1" Survey, Warranty Deed Attachment "A!'— Statement and technical property information from applicant Administrative Services Department, Review City Attorney Review: p� `i.��it_,�LJ�iryt`c Procurement Division Review, if applicable: City Manager Authorization: 2 �%l/ Date: 64 of 295 ORDINANCE NO.O-23-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of real property in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian to be voluntarily annexed into the municipality; and WHEREAS, the City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property and as shown on the map within said Exhibit ' 1', containing 40.23 acres, more or less. See attached Exhibit `1' Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The proposed land use and zoning classification amendments for this property shall be consistent with the provisions of state law and local ordinance. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. NOTICE. That notice of this ordinance has been posted in accordance with Section 171.044, Florida Statutes. Section 5. SCRIVENER' S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 65 of 295 Section 7. SEVERABILTTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councihnember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2023. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Fred Jones, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Andrew Mai, Interim City Attorney 2 66 of 295 157-3056 RECORDED IN SHE RECORDS OF XK17MY A RMtTON, CLERK CIRCUIT =MT DMIAN RIVER CO FL, FK: 1702 PG., 2152, 03/10/2004 03.29 PM DOC STAMPS D OM80.00 lb" a- : s . .00 EXHIBIT 1 1 Prepared by and Mum toe ML TITLE SERVICES. IK. I627 O.S. Highway 1, Snits 7 j Sebastian. Florida 329SR { incident to the issuance of title insuranLe { Taus m i 11-1l-26-00000-3000-00006.0 [TS-i164 THIS WORAM DW cede the Bth day of karch, 2004 by 7ohn W. Massey. 3r., individually, and as Trestee under The motel W. r.=•. ;. ]r„ Revocable Twat, dated Ocbohar 13. 1998 hereinafter ralltd the grantor, to DcL%le r. r n Inc.. a Florida corporation rhos address ins 13465 N. Indian River Drive. Sebastian, Florida 129SA heraimfter called tl•.e grantees MITN=ssme That the grantor, for and in consideration of the sun of $10.00 cad otbw valuable camiderations. receipt uhtreof is heraby acknowledged, he*iiy ormts, bargains, sells, aliens. reodwos, raleasea, conwrys and confirms unto T1.e grantee all that certain land situate in rAlan River County, Mite of Florida, vial The Southeast 1/4 of the No to 1/4 of Section 25. TownsMp 11 South, Range RR East, said lead lying and being is Indian River County. Florida. r Toml- ER 1i17H an aasenent for ingress and egress as sat forth in DMcial Record Rook 902, Page 1077, public Records of Indian: ]liver Canty, Florida. Slblect plopsrty is vacant and uni■provsd land and doss not adjoin the homestead �G prcparky of the grantor herein. 106ET1R, with all the tauawnts, bereditanents and appurtenances thereto belonging or in anyrtse appertaining. TO HWE AID TO H01D, ttue some to fee simple "reran. AND the grantor, Pm eby covenants Kith mid 9matae that the granter is lalrfully seized of said land in fas simple. that the grantor has good right and lawful authority to sell need to we said lad, and hereby verrawts the title to said land and will defend the sans against the larhul claims of all persons vboascoveri used that said lard is from of all urconemnces, eeapt tenons accruing subsequent to 0ecalbsr 31. 2001. IN DC1sIW *MUMF, the said grantor has sigasd end sealed these presents tits day and year first above writtesu. scalds 1 in presonsa o tness W. Ray. Tr„ as e R W Boa 5%, Nebasso, Ida 32070 r i d 51 �G7 a■ s .. a Add. as: Printed Signature of !" wiwms State of Florin- County of Indian River The foregoing instrunant an ackuvpwletd�.cj before r: on this ditr, by lobe M. ssey. Jr,, adw i■ parronally known to r; or who has produoud, r,.,,•w.,,+c,r�,s, as identification. + T, r<.S sy band and official Waal in the State and county 1 n/onsaid We. day of Parch, 7004. DgWe FORIKER Notary's Printed r - RlstaryJ�t aeratasloe L*illlsl C%tory SM1} K M_ iv 68 of 295 -Xnla JVinA w-- _ �._�-- ----- � r C"d day of l�-�.-- , 1991, by and betweeA jMx DAVIS, .�.; t� a! 6690 06th Ave • 'Viso Beach Florida 3296 OD Called •11a1V10~1 J. K. RIJSBUI, of 8920 86th Avenue, Vero Seac{t Florida 32%6 , hereinafter called "jugg•ll•; and XORN W. IlA U am M M NASM, - his wife, at Nabasso, Florida 32970 , hereinafter called Unammy": WHEMS, the above parties are the owners of land locat i in Section 26, Township 31 South, Range 38 East, Indian 8iver County, Florida: and 0 .a w WH8MMp all the parties are desirous of establishing a w Private easement for ingress and nq egress over their respective t° prcpe- Us fM State Road 510 to the South right of vay of the Sebastian River Drainage Canal; NOWT, 71iMPOR8, in consideration of $10.00 and other valu- able considerations, the receipt and sufficiency of which is hereby aclMowledg•d, and in consideration of the mutual covenants and easeamts herein contained, it is agreed between the parties as followsn I. That all parties herein grant to the other parties herein an easement over their properties for ingress and ogres to and from their respective properties to State Road 51o. 2. The dewription of the easement is as follow: An eassmmt 60 feet in width lying 30 feet either side of the East line of the Southwest one -quarter of Section 26, Township 31, Range 38. AND An easement 60 feet in width lying 30 feat either side of the East line of the Southeast one -quarter of Northwest C _:, y, :.er of Section 26, Townsh#p.31. Range 38 and time north 30 Beet of the Hest 60 feet of the Southeast one -quarter of Northeast ono -quarter of section 26, Township 32, Range 38. s. The eaaesoent shall be Private and shall ran with the land of all the owners herein, and any conveyance of � .., r : • 1 O WWI include the easement for the benefit of the owner, and said to C3 Conveyance will be subject to the easement for the benefit of all b a 69 of 295 and from the respective Properties. the parties may agree ama" themselvee' to impaae Niiob restrictions for their joint benerrit to maintain tW road as a private•oad for the use of the ovnore of party. Fein only and to provide security for all t%e undeX- Signed owners. S. This agseawnt shall be bindir4 upon tba parties hereto, their respective heirs, personal representatives, and assigns. IN ifiMtfBBS UHMMF, the parties have hereunto set their bands and seals, the daffy and year first abave written. signed, sealed and deliver- ed in the C. at: Namb bertj Jackson , ,foc Davis tt 3ertha s. arP / As to Jack Davis J ckson a+ rVa B. sharp An tiff . H. Russell Sighted, scaled and delivered M- the presence is l its r. and Mrs. Masse* Russel ohnW. 1lassey r , -W c Nary Mmmy �r a 0 N car 70 of 295 I igmy CERTIFY that an this day before me, an ofiiaer duly qualified to take acknowledgments, personally appeared JACK DAVIS to as know to be the person described in and who executed the foregoing instrument and acknaviedged before ma that he wmeeted the same. WIi9fM sy hand grid o; f irial s1p the County Ad State last aforesaid. we _-4t,— day of �... (NOTJURY SEAL) S Notary Public, State of Florida at Large. My commission expires: - --- y- 3-G STATE OF PWFaD I COUNTY of IKDIJ►b RIvn I HERESY CERTIFY, that on this day before on, an officer duly R olified to take acknowledgments, personally appei red J. K. r to •BLL, to me known to be the person described in and who executed the foregoing instrument and ackrmledged before ae that he executed the same. NiTMG sy hand andf . offiafal seal fit, the County and State last aforesaid, this �! cA day of (KOTARY SUL) Sam!l�4�'��ric�_�`� Notary Public, State of Florida at Large. my oW4FsjLQWm U�+tres: - ` 6300sssx,M ,,Nato � STATE OF FLORIDA COUNTY OF INDIAN RIVER I HF.R88Y CMrF'Y that on this day before me, an officer duly qualified to take acknowledgments, personally apposarrd J. N. !lMMY and MM KhSSEY, his wife, to me known to be the persons described in and who exeecuted the foregoing instrmwnt &M acknovlsdged before me that they executed the satee. iii.url.ay, my havA and egfficial seal in the OQunty and State __ last aforesaid, this .3..L4— day of brim. , iVfli. e. No rp MILO, state Of Florida at • Lange. NY oo:antosion expires: C? 'a as This Instrument Prepared By: -� t?nfrrt 1rAd%vd&hn . PAN. O 71 of 295 ATTACHMENT A "I kw SEBAS HOMF OF PFUCAN IS AM, COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ www.cHyolsebasiivn,ofg Comp Plan land Use Amendment Comp Plant 1'ext Amendment (t.arpc scale) land Development Code Text Amendment R Comp Plan Land Use Amendment Rezoning (Smell sralc) K Annexation Project Name: Hess Subdivison 'rota] Site Area: 90.23 acres/ 1,752,419 et AcreslSE Parcel ID; 31-38-26-000003000-00006.0 Existing Address of Site:8925 86th Avenue Proposed Address of Site: TBD (Proposed 89th Street) Proposed Use: Single -Family Residential Lard Use: LDR Zoning: PAD Contact Name: Mr. Vincent Musso- Ryan Homes Address:1450 Center -park Blvd. #340, West Palm Beach, FL 33401 Telephone: 561-720-1371 Email: vmusso@nvrinc.com Applicant (If not owner, written authorization (notarized) from owner ie required) Owner: Double R&D Inc. Address:13465 N. Indian River Drive, Sebastian, FL 32958 Telephone: Email: Date Received: Fee Paid: Received by: FORM B 72 of 295 Surveyor: Address: _ _ 1 1 elephom Emit: T — I Engineer: MBV Engineering, Inc. Address:1835 20th Street, Vero Beach 32960 Telephone:772-569-OD35 n"'il aaronb@mbveng.corn Pre Application Meeting Date: DESCRIPTION OF PROPOSED PROJECr: Annexation of Hess parcel into the City of Sebastian (34-38-26-00000300D-OOQDS.0) SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know ere same to tie due and correct, All provisions of laws and ordinanecs governing this 13Tte of work will be complird wish, whether spcciFird hertin Pr not The gmntin& of aplxnval does not presume to give authority to violate or cancel the provisions of any other state n, meet la.: rcl Dint r cous[ructiorz or the performance nrconstruction. Mr. Daniel Hess / Print name mlpature Dete Notary: Sun,, on�IorI'd A (YIiINTY: IrA l A n Rive, r I bcreby certify that on 6tA3 U st 20 personally appeared who is � personally known IO me or has � produced identification. Type of identiflealion produced: �rl UPS f l CfL ► i . [SEAL] �• 4 ev1�lYIIh� Ors_, ASHLEYW.0001t Notgry Puhlic } Caa *MM N KK 16117s — T ' 1 FxpknAuguri4,11125 My Commission Expires; �Z �J FORM B J 73 of 295 COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET . SEBASTIAN. FtORIDA 32956 TELEPHONE (772)589-5518 it www.cltyofsebosilan.of APPLICATION FEES; S2,000 Corap Plan Land Use Map $2,000 Comp Plan Text Amendment Amendwrit (Large Scale) $1,500 Land Development Code Text S1,500 Comp Plan Land Use Mall Amendment Amendment (Small Scale} $1,250 Rezoning S 1,000 Annexation **APPLICATION FEE I5 NON-REFUNDABLE UPON PAYMENIT TO THE CITI'** DOCUMI:'.NTS SUBMITTED FOR APPIAC'ATION REVIEW: LSurnmary Report: addressing tcvicty L11 Warrant} 1X-vc1 for all cmners andim conside:at;ans in accordance with 44)_' i Notarized Letter of Authorizatinn Land Davelopmenl Code and >4_..I-2 9 Land I Future Land Use Map: C:urrcm and Developmcnt Code where applicable; or, PToposed objective 1.._._e_4 of Comp►chertsive Plan 2040 toning Map:f Current and Proposed of all annexations. Location Map IYaffir. Impact Analysis Statemcnt Two (2) Boundaty and Ik :1ectronic Copy - Complete Submittal Surveys I._I Stc,rmwatct Calculations procc35 he a i, : 6 xill tr ilrr site pinn 1, c x FORM a 74 of 295 022 FLORl A PftQE17 .CQR.PQRATjPN ANNUAL REPORT DOCUMENT# P02000117400 Entity Name: DOUBLE R & D INC. Current Principal Place of Business: 13465 N. INDIAN RIVER DRIVE SEBASTIAN. FL 3295E Current Mailing Address: 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 FEI Number. 20-0275401 Name and Address of Current Registered Agent: HESS. DANIEL PSR. 13455 N. [NDIAN RIVER DRIVE SEBASTIAN, FL 32OW US FILED Mar 28, 2022 Secretary of State 2417735327CC Certificate of Status Desired: Yes Tho above named =Uly strbm@s this stWenwnt for Me pWpM of chengN its rcytstotod oSim or roQfstored opnf or both, In tho Sate of Fkdda. SIGNATURE: Eteetranic Signattae of Rogl5torud Agent OfficwKiirector Detail: Tito P Name HESS, DAMEL P SR. Address 13465 N. INDIAN RIVER DRIVE C dy-State-Zip: SEBASTIAN FL 329M Tltla ETC Name ORE[LLY, ROBERT Address 386 JANUA COED WAY CttyStete,Zip RUTHERFORDTON NC 28139 Tide VP Nama O'RELLLY, STEPHEN R Address 3136 JANIIA COED WAY CityStato-Zlp: RUTHERFORDTON NC 28139 Date brvtry only [� tsr:�b.mason e�d'strtl on ttirt port ar appwwYaf overt b true w.wrsr. od r d my dwocic dynrarn &W "" me Lean 16pol r.7 i a rmea. urdv w1tr&d!m n aMst dhcwd tb.mp—r—orri—%&w ortvsW et vp W rG OxKLft(lW talon m 4W."dby Chow tW7. fides MOLOA, rx!"mynvor, apPsats sbe . - - p mood.*,* w0h as Otbw Mo M¢owtofL SIGNATURE: DANIEL P HESS PRESIDENT 03/28l2022 Elemonic Signettue of Signing OftioaNDi ector Deted Data 75 of 295 1790278 RECORDED IN THE RECORDS OF JEFFREY K HARTON, CLERK CIRCUIT COURT INDLM RIVER CO FL, BK: 2008 PG: 1758, 10/12/2006 08:18 AM DOC STAMPS D $0.70 RN DWwUon — Blue WaW say PD Tax 10031-3a 254000O11000t 0060.0 Tax ID 03149-MB00-5000-00001.1 Tax ID /31a9,2600000400000001.2 asaL� pmWW by and dwM be 1840 2br' street Vero Bwdj. FL 22900 STATUTORY WARRANTY DEED THIS INDENTURE, made this 7-9_ day of %4j> - I _ , 2006, between 510 GROUP, L.L.C., a Florida limited Itablltty, company, 1974 1W Avenue; Vero Beach, FL 32960, GRANTOR, and 1NDIAN RIVER COUNTY, a political subdhdsion of the State of Florida, 1840 25th Street, Vero Beach, FL 32968, GRANTEE, WITNESSETH THAT: GRANTOR, for and In consideration of the sum of Ten Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the recelpt of which Is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEES heirs and assigns forever, the following described land situata, lying, and being In Indian River County, Florida: SEE EXHIBITS "A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land, and will defend the same against the lawful claims of all persons whomsoever Slgned tIWfi! pro f 510 GROUP, LC. l 1� slgnC� r�l;:•% sign; 4.1_. 1 i ' _, w' Mark A. Brackett arinfea name: Witnass JCSs4 cR je. Williams Managing Member STATE OF FLORID COUNTY OF The foregoing Instrument was acknowledged before me this day of: 1 2006, by Mark A. Brackett, Managing Member of 510 GROUP. LL.C., a Rorlda limited liability company, who N personally known Iq mg or produced as Iden0cation. Sig Notary Public Branped w1 wuh prteted rants . U— F I aft CortrNedortl�8ucplmtbndab Mrpa+rrrronGo�s/oao ivMP FfviM ift'wry or 20" 76 of 295 EX: 2088 PO: 1759 Description A strip of land In the Southwest 1/4 of Section 26. Township 31 South, Ranga 38 East, Indian River County, Florida, said strip being more particularly described as Wows: COMMENCING at the Southeast comer of sobd Southwest 1/4 of Section 26, proceed North 00' 15' 05' East along the East I ns of said Southwest 1/4 a distance of 53.26 feet to a paint on the North right—of—way r/w) line of County Road No. 510 (100' r/w). said agint being the(POINT OF 8EGINNING; thence continue North 00' 15' 5' East along cold East line, a distance of 2598.81 feet to the Northeast comer of sold Southwest 1/4 of Section 26• thence North 69' 4-4- 40" West along the North line of sold Southwest 1/4, a distance of 85.09 feet; thence South DO' 11' 20' West a distance of 30.00 feet to a point of curvature of a curve concavo Southwestery having a radius of 55.00 foal, end a tangent bearing of North B9' 48' 40' Wssk thence Southeasterly along the arc of sold curve, through a central angle of Sir OX 45 , a distance of 56.45 feet to the point of tongency of sold curve; thence South OO' 15' 05" West, along a line parallel to end 30.00 feat Nest of said East line of the Southwest 1/4. o distance of 1310M feet; thence South O1' 56' 56' West a distance of 32.27 fact; thence South 15' 20' 59" Nest a distance of 51.78 feat; thence South 01' 46' 10" West a distanos of 284.84 feet; thence South 15' 45' 24' East a distance of 25.34 feat: thence South DO' 15' 05' West along a One tin. rogd to and 45.00 feat West of (when measured perpendicular to) said East of the Southwest 1/4 o distance of 74b.03 feet; thence South 45' 17" 35" West a distance of 56.53 fact; thence South 00' 15' 05' West a distance of 26.84 fact to a ppooint on acid North r/w line of County Road No. 510; thence South 89' 46' 39" East clang said North r/w lino, a distance of 85.00 foot to the POWT OF BEGINNING. Containing an area of 100.354 square feet, or Z30 acres, more or loss. Proposed Bluewater say SID r/w - East Side Wf6E= B. Zerh & A88odatesx hc. Pero�eobres181i1�_yar��Alappera � es4 xM ow Mb-way � Hero 9cad% F, 32962 Phony. (772) 567-7552 Fes : (772) 567-1751 RW OF ry Rp` f 2 EXHI B IT "A" 11.� 77 of 295 RK: 20B8 PG: 1761 Description A strip of land in the Southwest 1/4 of Soction 26. Township 31 South. Rosggs 38 Eaat. Indian River County. Florida, sold strip being more partlwlariy described os follow. Commencing at the Wee 1/4 comer of sold Section 26, proceed South 89' 40' 40' East along the North line of said Southwest 1 4 a distance of 275.00 feet to a point on the East Eno of Seboln River Water Control District Lateral •D• Canal right-of-way; thence continue South BW 48' 40' East along said North line of the South- west 1/4, a distance of 2291.77 feet to a point yirrg 85.09 feet West of the Northeast out •comer of said Shwaat 1 4 as maasurod a sold North line; thence South OV ' 20• eat a distance of 30 00 feat: thence North 89* 48' 40• Wast. parallel to and 30.00 feet South of (when measured at right angles to) sold North line, a distance of 1709.49 fact to the pain of curvature of a curve concave Southerly, havkw a radius of 2835.00 feat; thence Southwesterly along the arc of scW curve, through a central angle of 08' 1 V 30", a distance of 405.32 feet to a point of reverse curvature with a curve concave Northerly, 'having a radius of 1236.00 feet; thence West 3 along the arc of sold curve, through o central angis of O r 17' — a distance of 178.95 feet to a point an sold East One of the oforo- martfoned Loterol 'D" canal rtght-M-way, Mence North OC 11' 51" Eaal, along acid East right -of -racy gne, a distance of 71.53 feet to the POWT OF BEGMNING. Containing an area of 79.309 square feet, or 1.82 acres, more or lase. Proposed Biuewater Bay SM Ow - North Side Mkm B. ZeMz & Associates, hc. 14"13 Pl-a�8t�vsywsdtAfirpoerr r� casseas[ a xronaorr a•1 d r �(, Vwo e�+01, bresz .,1/ ,' 3�3J116 �Ys4/ MGM: (772) 567-7552 suave a mine aid or Fax (772) 587-1751 r +Iw A1� mAr f OFalm EX H I B"I T "A" 79 of 295 ANNEXATION ANALYSIS This analysis has been prepared to support a request to annex the subject property into the City of Sebastian and change the future land use map (FLUM) designation of approximately 40 acres from Indian River County'R' (Rural Residential) to City of Sebastian 'Low Density Residential (LDR)' and redesignate the zoning district for the site from Indian River County'AG-Y (Agricultural) to the City of Sebastian's'PUD' (Planned Unit Development) district The purpose of this request Is to secure the approvals necessary for developing the property with a future use compatible with the adjacent properties and the applicant's bdentiors for development The applicant Intends on developing a residential neighborhood that preserves the beautiful south prong of the Sebastian River, while providing new residential housing. The property site is located adjacent to the city of Sebastian on the south and western boundaries. The property Is Intended to be developed In tandem with the similarly sized parcel Immediately on its western boundary which also has a Low Density Residential (LDR) Future Land Use designation. As part of the annexation, we are pmvlding the following information regarding concurrency and the possible Impacts to the City: I. Impact on Public Facilities and Services. • Transportation • Access • Water and Sewer • Solid Waste • Stormwater • Parks & open Space • Schools • Concurrency Summary II. Fiscal Analysis M. Environmental impacts IV. Compatibility with City's Comprehensive Plan V. Compatibility with Surrounding Area VI: Conclusion VII: Attachments Impact on Public Facilities and Services. The site is located within the Urban Services Area, an area deemed suitable for urban development. Several services are already provided from both the county and City, Including utilities and emergency services and should therefore be compatible with the Cltys future service areas. The Comprehensive Plan, FLU Element and Intragovemmental Element establishes standards for Concurrency management and specifically, standards for Transportation, Potable Water, Wastewater, Drainage, and Recreation. 1(Page 82 of 295 Chapter IX of the City's Land Development Code, "Concurrenay Management", defines the level of service standards for these facilities, and specifies that adequate provisions for these services are necessary to support new development. Because a site plan Is not typically prepared for an annexation or Land Use Amendment, the Concurrency analysis Is based on an assumption that the site would be developed at an average density of 4 dwelling units per acre, similar In density to the proposed Spencer parcel directly adjacent to the west The act of annexing the site will not change the Impact and demand on public services, as its envisioned that the site will be developed whether its stays In the County or Is brought into the City. And by Its proximity to the City, the development will naturally add to the traffic on the roads and schools (both of which are County facilities). However, annexing the site will provide the City control and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue. Transportation: This site currently has an Indian River County "R" (Rural Resdential) designation and for the annexation Is seeking to amend that to the City of Sebastian *Low Density Residential" (LDR). In looking at this site, we have calculated the trip generation based upon its current Land Use, and also calculated the proposed trips based upon the full five units an acre allocated in to the LDR land use. Of course, during site plan development, If required, a full traffic Impact report will be submitted that shows the Impacts to each of the adjacent roadways. This site Is primarily going to access County Road 51D, which FDOT has a phased plan adopted and approved to Increase capacity. TRAFFIC STATEMENT PARCEL SIZE: 40.23 ACRES PER ITE, LOTH EDITION: EX*TING LAND USE: IRC - Bi1�0T/AGREI USE 1: (210 - SINGLE-FAMILY DETACHED) = 9.44 ADT PER UNIT 40.23 ACRES! 1-UNITI ACRE = 40.23 UNITS 9.44 X 40.0 UNITS = 378 AADT PROPOSED LAID USE: SEBASTIAN - LDR (6,UNRS/ ACRE) USE 1: (270 - RESIDENTIAL PLANNED UNIT DEVELOPMSINIT) - 7.38 ADT PER UN}T 40.23 ACRES X 5-UNITS/ ACRE = 201 UNITS (Ma)imum olkswable units per land use density) PROPOSED NUMBER OF UNITS: 156 7.38 X 158.0 UNITS - 1,151 AADT EXISTNG LAND USE ALLOWABLE: 378 AADT PROPOSED LAND USE ALLOWABLE: 1,151 AADT DIFFERENCE. 773 AADT ADDITIONAL TRIPS ADDED 2)Page 83 of 295 Access: This site has a planned shared new roadway near Sebastian River High School on County Road 510 on east -west roadway Into the development that will be 891 Street, additionally there Is a planned secondary connection on the southeast comer of the development that would run to a second point on CR 510. This site is also adjacent to the North County Transit Hub, offering quick connections onto the Go Une's public transit options for Routes 5, 9,10, and 12. The planned FDOT roadway improvements also offer a proposed new bike lane as part of the redesign of CR 510. iT Is understood that development approvals for this property are contingent upon the construction of the planned 89a' Street access that is currently under design In coordination with Indian River County. Water and Sewer Utility: Water and sewer are available adjacent to the site and will conned. Both water and sewer design plans will be completed concurrent with any proposed development plan. The City's Comprehensive Plan Indicates that 250 GPD per equivalent residential unit (ERU) is still the most appropriate measurement to utilize. Demand: 250 GPD per ERU Is the appropriate calculation for both Water and Wastewater (Sanitary Sewer). The County has indicated this Is a consistent measurement for the Utility design and capacity data Indicates that adequate capacity exists. Solid Waste: The City has a franchise agreement with Waste Management to provide solid waste collection, two times a week. The County also has an agreement with Waste Management but Just offers once a week pickups. Waste Management utilizes the IRC transfer and landfill facilities. The calculation demand and capacity are Included below based upon Waste Generation Units (WGU): The following analysis Is provided, consistent with IRC requirements: 156 units x 1.6 WGU - 249.60 WGU's of waste. Capacity -county landfill: Based on information from IRC there Is adequate capacity forecasted through 2071. Stormwater: The drainage level of service standards outlined In the City's 2040 Comp Plan, Include: 1. Post -development run-off shall not exceed pre -development run-off for a 25-year 24-hour event. 2. Treatment of run—off from the first 1 inch of rainfall on -site. 3. Meet design and performance standards of 17-25 FAC. 31FaCn 84 of 295 Prior to any site development approval, the Clty's land development regulations require that the proposed development plan provides sufftcient evidence that the project, when constructed and operating, will meet or exceed the local and state requirements. AU developments, at time of site plan application, are reviewed for compliance with local and state starmwater regulations, which require on - site retention and pollutant abatement, preservation of fiocdpWn storage and minimum finished floor elevations. In addition, development proposals must meet the discharge criteria of the City storm water ordinance and the state -environmental permitting agency (VA.W.MA.). Therefore, any future development on the site would be prchtbibed from discharging any runoff In excess of the pre - development discharge rates and prohibited from discharging pollutants in excess of pre-develepmen t amounts. The City has adopted and Implemented a stormwater program and this site would be subject to those requirements, Including the payment of an annual Stormwater Impact Assessment (levied through the annual property tax assessment) that Is currently $120 per residential unit its important to note that site development will improve the water quality to the receiving waters (in this case, the Indian River lagoon). In its current condition, which appears to have untreated stomTmater run-off. Site development regulations require the construction of storm water management systems that detain and prevent erosion and excess .. , I I , ; run-off, removes pollutants, and often requires the hrstaUation and maintenance of shoreline protection buffer(s) when adjacent to surface waters or wetlands, and protection of or mitigation for jurlsdicNona) wetlands on the site. As a result, the � ,; , run-off discharge rates and pollutant volumes discharging off -site will be reduced. Recreation & Oaen Space: This site is strategically located to offer fast and easy access to many local passive and active recreational parks. The land Development Code indicates that 2.0 acres per 1,000 persons for NelghborhmA (within a K mile) and Community Parks (within a 1/2-mlle to 3 mile radius) are the appropriate metric- We have prepared a graphic showing the proximity to several community and regional parks. Notably, the North County Regional Park is 1.6 miles away, and the Kayak launch is 1.3 miles away. Also within easy distance Is the Rail Trail, running along the north side of CR 512 about a black north of the road. This follows the rap bed of the historical Dinky Une of the Trans -Florida Central Railway that origlnaly serviced Fellsmere Farms. At the CourMys North Regional Park, this fact* follows a paved surface that leads to the 05 overpass and Inks up a number of State Parks. Also, the Citys Community Park at Barber Street is within a 3 mile radius. The North County Library Is within two miles, and there are sidewalks to provide easy access to all these amenities. Through the site plan process, neighborhood level recreational amenities and open space will be Identified. The Comprehensive Plan also requires the dedication of land for parks or fees In Ueu thereof for all new dwelling units. These fees are paid at the time of building permits. 4 1 P a g c 85 of 295 Schools: The School District has completed the Conditional School Concurrency form and it Is attached that shows there Is adequate capacity at each of the focal area schools: Treasure Coast Elementary, Sebastian River Middle School and Sebastian River High School. Concurrency Summary: Based on the above data, public facilities for traffic, drainage, solid waste, water, wastewater, parks and open space, and schools have adequate capacity to accommodate the proposed use of the subject property - Fiscal statement The proposal to annex the 40 acre property Into the City of Sebastian will have a positive fiscal Impact to the City as the property is developed. in its current state, the properly enjoys an Agricultural classification and historlcaliy low property taxes for its Agriculture status. However, this site Is planned for a new subdivision to provide 156 homes. As this happens, each homesite will be subject to Ad Valorem taxes and fees established upon the value of each property. Annexing the site will provide the City control and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue that the City would otherwise not obtain. Additionally, the City will benefit from Impact Fee collection and building permit fees. This property currently has a 2021 Market Valuation of $680,000 per the Property Appaiser's Office. After various discounts including an Agricultural Exemption, this site collects $157.83 in property taxes to the County (none of that goes to the City). After this development is built, it is projected that each property would be valued on Its own, In looking to 5ebatian River Landings, three properties were sampled to develop a snapshot of the potential Ad Valorem rates and the Stormwater fee_ Address 2021 Market Valuation 176 Port Royal Q. 225,000 146 Morgan Ct. 202,427 220 Rarbossa 217,811 Average 215,076 Source: Ipdian River caunty PropertyAppralser Data Interpolating this, the Ad Valorem average value of $215,076, utilizing the City's mlllage rate of 3.0043 Is $646.15 per annum. The tax generation for 156 new residential units is estimated to be $100,800 annually and will likely grow as values gnaw over time. Additionally, the Stormwater fee of $120 per unit Is $18,720.00. 61Pagc 87 of 295 Environmental Impacts A preliminary Environmental Assessment has been prepared for this site dated February 11, 2021. A full copy Is in the application package, and this section will summarize the report. Also, the Surveyor has Identified the native tree species that occur on the site as well as noted the presence of nuisance and exotic species. There were no gopher tortoise burrows or Individuals observed, nor does the site contain scrub Jay habitat. This site is outside the quarter mile threshold from the nearest occupied scrub Jay territory or suitable habitat. The slte does appear to have a native upland community and access to the one of the branches ofthe Sebastian River. in preliminary discussion with the City, the developer understands the unique natural amenity and will work with the City to determine the most appropriate methods to conserve the site and access to the south prong. This site is classified as Flood Zone X, as a largely abandoned citrus grove it does support some native oaks and palms, but there are no protected species found on the site. The site also contains a few small segregated wetlands and other surface waters from the agricultural use. A formal wetlands delineation will be done during the permitting process. Any Impacts to the wetlands will be addressed through avoidance and minimization where possible, mitigation by enhancing and preserving, and wetland mitigation credits where needed. Currently, the Corrigan ranch property has available wetland mitigation banks. Environmental Impacts caused by the potential developmentof the site would be essentially the same under either the existing IRC or the proposed City FLUM designation, or whether in IRC or the City of Sebastian. It is important to acknowledge that prior to any site development, requisite permits from the appropriate agency are required. Any wetlands or other natural resources that may be located on the site are protected by federal, state, and local regulations and would require the approval of those agencies through their review and permitting process. sj�aK r�. -• _-ice - "'"+wwr�y„Atrr� ter. . f I I A �• �' � � p,i7 }�.� �' _ i. rir .14' .� �.t.: r <r� � �+'1Y �� • � ' , r Ir w � � �fre;nxr•rr +,,. ,mil, ` `frreSSMfS�.e .h ,� ♦� 5 S �. r•Inrq t .� IySsrw ��. If s •�. _�_ Arxr},I 7jPage 88 of 295 IV. Compatibility with C ty's Comprehensive Plan 12040) 2040 Comprehensive Plan Analysis: Approving the annexation and granting the request to re -designate the subject property to a "LDR" FLUM designation within the City would result in development which would be compatible with surrounding areas and In this case both Sebastian River Landings to Its north, future residential development on the vacant parcel to its West, and the future development of Blue Water Bay to its south. The site already has an IRC `AG" future land use designation and "Rural Residential" zoning, so the annexation and FLUM designation would change the anticipated development consistent and compatible with the parcels around it, and the original Sebastian Highlands development which is also LDR. Annexing the site will provide the City control through their land development regulations and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue that the City. Annexingthe property is consistent with the CiWs long-term objectives and goals adopted In its Comprehensive Plan. The following references are In direct support of annexation and the designation of "LDR" Future Land Use In this vicinity: Key Objectives and Policies in the City's 2040 Comprehensive Plan are referenced below: Map 1-14: s site is located within the City's annexation reserve area. objective 1.1.2 Residential Land Use Policy 1-1.2,2. Low Density Residential Development (LDR) Areas designated as Low Density shall accommodate a maximum density of up to five (5) dwelling units per acre and shall be comprised primarily of single family detached homes on Individual lots and attached residential homes. This site is intended to offer single family attached residential homes, and ue develuped in conjunction with the adjacent parcel to offer single family detached homes. Policy 1-1.2.6. Allocating Residential Development. The highest residential densities shall continue to be allocated to sites with adequate and supporting public Infrastructure, accessible to major arterlals or collector streets and adjacent to existing development with the same or higher density. The allocation of new residential land use shall be based on the following considerations: • Projected population - i hese homes v.ili Delp iul: ill housing rieens roc the Cay's projected population • Infrastructure (availability) —'.''titer and Sewer is adjacent and available. • Infill — i, :a ti.nai : , :ne ,�. infill development as its within the Urban Service Qnundary and .o other developments 8 1 P a g e 89 of 295 Enclaves —This site Is adjacent to the City boundaries and could be considered an enclave e Housing trends and characteristics Including provisions for missing middle and attainable housing; a Provision and maintenance of quality residential developments and housing stock. This site seeks to provide "missing middle' housing t#i9t would be ittcklablc Ioi the lorai area, a ProbeetionofdMronrnentallynaWral systems —At the site plan stage, this site will add additional protections to the South Prong of the 5ebastlan River a location and or proximity to the Coastal High Hazard Area (CHHA) — i his site is not located within the CfiW, a The need to phan for transition In residential densities - This site is adjacent to the Spencer Parcel which is already within the City, and is LDR. Additionally, most of Sebastian is LDR including the original Highlands subdivision. • Provision and mairrterrerrceofbafRCdreufatfion— FDoi is $nvesting heavily in CR 510, and a new east west roadway(89' Street) is planned between this site and the Bluewater Say that will be maintained by Indian River County Objective 1-2.2: Prevent Proliferation of Urban Sprawl, The City shall continue to maintain LDCs which Include performance standards ensuring that the location, scale, tlming, and design of development shall be coordinated with public facilities and services in order to prevent the proliferation of urban spraw4 maximize pubic Infrastructure, and achieve cost effective land development patterns, -. ;ite n :s all trite; I ' other develoii 1,t5 and has easy access through the arterial roadway of CR 510 Schools are uniquely close by the site - with close proximity to Sebastian River High School, Sebastian River Middle School, and treasure Coast Elementary objective 1-3.4: Design for Healthy Communities, Encourage design principles that accommodate for healthy gfestytes and safety. Policy 1-3A.1: Healthy Communities. The City shall ensure equitably distributed and accessible active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (i.e. pants, greenwaysj to support healthy lifestyles and physical activity. •.,s site offers easy access to County Parks, City Park: and the Indian C: 0,: V .,r iilu-:V. ., he Cnunty's North Regional Park is nearby, as are connection to the Rail Trail that is built upon the historical Dinky Rail line. The County"s Blueways Kayak Park is nearby on CR 512 with two access points (one closer to Fischer lake isle and one just east of the main entrance to Sebastian River Landings), and the City's Barber 5t Park offering football, skateboarding and more is within a 3 mile radius. FD01 has planned bike lane improvements on CR 510 that are funded and will begin in Fall 2022, while the sidewalks are wide sidewalks designed to accommodate a variety of pedestrian and people powered movement. 9 1 P a g e 90 of 295 V. Compatibility with Surrounding Areas The property Is located adjacent to the Cityrs western central boundary, adjacent to Sebastian River Landings and the Spencer Parcel, accessible via County Road 510. The northern side, as well as the western side, of the site abuts the City of Sebastian City (units. The parcel to the west shares the same LDR designation, and LDR Is the predominant designation throughout the City. VI. Conclusion Based on the analysis, the City can conclude that the requested annexation and land use designation is compatible with surrounding areas, consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable land use designation amendment criteria. Most Importantly, the subject property is In an area that offers municipal services and critical Infrastructure water and sanitary sewer, VII. Attachments SCADL— Conditional Concurrency from Indian River County School Board Annexation Maps showing the CWs Adjacent Land Use and the Cityrs Zoning Designations 101Page 91 of 295 Time Stamp Received School Impact Analysis Form Instructions: Submit one copy of completed application, location map, and applicable fee for each new residential project or building permit requiring a determination of school capacity to the applicable local government. Conditional School Capacity Availability Determination School Capacity Availability Determination Type of Application Request: LJ Request for Exemption Project Information Project Name: Double R & D Inc. Subdivislon Annexation Municipallty (If applicable): Sebastian Parcel ID#: (attach separate sheet for multiple parcels►: 31-38-26-000003000-00006.0 Location/Address of subject property: 8925 Bath Avenue (Attach vicinity location map - with Clusest Major Intersection) Generally located at SE quadrant of CR 510 & 512, see attached maps. Ownership/Contact Information Owner/Contract Purchaser Name(s): Double R&D Inc. Agent/Contact Person: B111 Pittsley (tf agent or contact information is completed the District will forward all Information to that person) Mailing address: 1 B35 20th Street, Vero Beach, FL. 32960 Telephone#: 772-569-0035 fax: Development Information Current Land Use Proposed Land Use Designation A-1 Desi nation LDR Current Zoning R-Rural Proposed Zoning PUD-R SF:156 Proposed p Dweliing units TH: by type': MF: (rental) _ Condo: Show only the N of units for this application not the total for the development I hereby certify the statements and/or information contained In this application with any attachments submlited herewith are true and correct 10 the best of my knowledge. l � Owner of Agent Signature _ , _. _ _ Date 9/15/2022 (if applicant is not the owner of record, a letter of authorization from the property Dwnertsl must be Included with this form at time of application submittal,I 92 of 295 eSignature Details Signer m: U&TMJLnMgJKTExR4manzk2 Signed by: Dan Hess Sent to emall: hesadp@hotmail.com IP Address: 64.64.117.249 Signed at: Sep 15 202Z 12:49 pm EDT For School District Use Only (Capacity Availability Determination) School Capacity Available:_ School Capacity Not Available: Exempt_ sc wl Capacity A.vailabi , ' Adjacent service Area: chool Disiricl Facilities specialist Signature DaE 93 of 295 Friday, September 16, 2022 Indian River County School District School Concurrency Availability Determination Project Name: Double R&D Inc. Subdivision Annexation Project Unit yield By Type of school Date Received: 9/16/22 @ 9:15am Yield Elem Wd High Case Number: Single 0.189 29 Builder Name: Single D.097 15 Location: 8925 861" Avenue Single 0.123 19 Sebastian, FL (Generally located at the SE quadrant of CR 510 & 512) Parcel ID: 31.38.26.000003000.00OD6.0 Project Planned Units: # Single family 156 # Mutd-Family: 0 # Townhomes: 0 # Apartments: 0 Additional AAPtta tii : Double R&D Inc. Informatlon: Ste: Bill Paisley 1835 201' Street Vero Beach, Florida 32960 (772)569-0035 schaol service Ara& Current Programmed Total Current Vested I I I I Total Avatl&bla Project Boundaryfs5Aa) Capacity cep&dty Capacity E'NOMant Demand Damand Capacity Demand Treasure Coast ES 799 0 799 639 0 639 160 29 Sebastian M5 2017 277 1294 B40 0 1007 454 15 Sebastlan HS 2334 0 2334 1908 0 1908 426 19 This letter is in response to a Conditional School Capacity Availability Determination Request for the Project Double R&D Inc. Subdivision Annexation. This Project is located In SSAS for Treasure Coast Elementary School, Sebastian River Middle School, and Sebastian River High School. The SSAB does have sufficient space available to accommodate the students projected to be generated from this project. 94 of 295 atva SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting —Pate; April 12, 2023 Agenda Item Title: Ordinance 0-23-02 — Second Reading and Public Hearing - Request for Small Scale Comprehensive Plan Future Land Use Map Amendment — Hess Parcel, 8925 86'' Avenue Recommendation: Adopt Ordinance 0-23-02 on Second reading Baclwround: The property owner, Daniel Hess of Double R&D Inc., has requested a voluntary annexation into the City of Sebastian. The subject property consists of 40.23 acres, more or less, located south of Sebastian River Landing subdivision and east of vacant property. The property is currently vacant and intended to be developed in tandem with the adjacent parcel to the west. The subject property is currently located within unincorporated Indian River County, contiguous to ffie existing corporate limits and boundaries of the City of Sebastian to the north and west. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure. Current land use and zoning in the County is "R" Rural Residential and "AG-L" Agricultural, respectively. Application has been made to amend the land use to be compatible with the adjacent properties and intentions for development to "LDR" Low Density Residential simultaneously with the annexation of property. The applicant proposes to rezone the property to "PUD" Planned Urut Development as part of the entire 80+1- acre development under the guidance of the City land development regulations. The Planning and Zoning Commission/Land Planning Agency of the City of Sebastian held a public hearing at its duly noticed January 19, 2023 public meeting to consider the proposed Future Land Use Map amendment and recommended adoption of the proposed request. The City Council heard this request on February 22, 2023 and approved Ordinance 0-23-02 on first reading. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to PLUM changes fnr site -specific small scale development activities only. The State Iand planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NA Attachments 1. Ordinance 0-23-02 2. FLUM Staff Report and Attachment A Administrative Services Department Review:f1 r City Attorney Review; Procurement Division Review, if applicable: City Manager Authorization: Date: ORDINANCE NO.O-23-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL) FOR LAND WITH A �. INDIAN RIVER COUNTY LAND USE DESIGNATION OF R (RURAL RESIDENTIAL) FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on January 19, 2023 of the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan. WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. A,r v jm.; x t�u PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) adapted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A"Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Low Density Residential (LDR) in accordance with the requirements of Florida law. See attached Exhibit "B " Future Land Use Map Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon final adoption at second reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. 99 of 295 Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section b. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of Notice of Intent by the Florida Department of Economic Opportunity or other final action finding the amendment herein in compliance. Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the February 22, 2023 and adopted on second/final reading; at a regular meeting of the City Council on the 12"' of April, 2023. PASSAGE UPON FIRST READING The foregoing Ordinance was moved I'or passage upon first reading this 22nd day of February, 2023, by Councilmember__jpart-1g The motion was seconded by Councifinember Dodd and, upon being put to a vote, the vote was as follows: Mayor Fred Jones ave Vice Mayor Christopher Nunn aye Council Member Kelley Dixon aye Council Member Ed Dodd aye Council Member Bob McI anlan aye ATTEST: ��,c JYL� leity netteWilliam,MMC Clerk 100 of 295 ADOPTION The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Kelley Dixon Council Member Ed Dodd Council Member Bob McFartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2023. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Fred Jones, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Andrew Mai, Interim City Attorney This ordinance is effective the day of , 2023, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. 101 of 295 1523056 RECORDED IN THE RECORDS OF JEFFREY K HARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, SK: 1702 PG: 2152, 03/10/2004 03:29 PH DOC STAMPS D $5880.00 Rec. Fee $6.00 G1J DOC. Stps. $5880.00 EXHIBIT A Prepared by and Return to: COMMERCIAL TITLE SERVICES, INC, 1627 U.S. Highway 1, Suite 7 Sebastian, Florida 32958 incident to the issuance of title insurance Tax ID # 31-38-26-00000-3000-00006.0 CTS-6364 THIS WARRANTY DEED made the 8th day of March, 2004 by John W. Massey, Jr., individually, and as Trustee under The John W. Massey, Jr., Revocable Trust, dated October 13, 1998 hereinafter called the grantor, to Double R & D Inc., a Florida corporation whose address is: 13465 N. Indian River Drive, Sebastian, Florida 32958 hereinafter called the grantee: WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Indian River County, State of Florida, viz: The Southeast 1/4 of the Northwest 1/4 of Section 26, Township 31 South, Range 38 East, said land lying and being in Indian River County, Florida. TOGETHER WITH an easement for ingress and egress as set forth in Official Record 4-1 Book 902. Page 1077, Public Records of Indian River County, Florida. ' Subject property is vacant and unimproved land and does not adjoin the homestead property of the grantor herein. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. d, sealed ant iver in the presence;oh�n - Witness KW.assey. J`r., as T e DEMSF FORTNER PO Box 594, wabasso, lorida 32970 P i�td Sign tur o Witness AN _ C4 Hess Grantor's Address: pnrroc , Printed Signature oil 2"' Witness State of Florida County of Indian River The foregoing instrument was acknowledged before me on this date, by John W. Massey, Jr., who is personally known to me or who has produced: ilrivar's T,icanaa as identification. WITNESS my hand and official seal in the State and County la aforesaid this day of March, 2004. DENISE FORTNER� Notary's Printed Name Notary Public commission Expires: 102 of 295 (Notary Seal) crn cf T31AAS5T"I HOME OF PEUCAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency January 19, 2023 ITEM 6.A. LPA Legislative Public Hearing — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment Hess Subdivision 1. Project Name: Hess Subdivision, 8925 861h Avenue 2. Project Applicant: Vincent Musso-Ryan Homes (Authorized Applicant) 3. Requested Action: Request is for a change from County R (Rural Residential) to City LDR (Low Density Residential) (Attachment A) 3. Project Location: Section 26, Township 31 South, Range 38 East Subject Parcel is 40.23 Acres, More or Less Parcel # 31382600000300000006.0 Legals: See Deed and Survey (Exhibit 1) 4. Project Description The property owner, Daniel Hess of Double R&D Inc., has requested a voluntary annexation into the City of Sebastian. The subject property consists of 40.23 acres, more or less, located south of Sebastian River Landing subdivision, east of vacant property, and west and north of single family development. The property is currently vacant and intended to be developed in tandem with the adjacent parcel to the west. The subject property is currently located within unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian to the north and west. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure. Current land use and zoning in the County is "R" Rural Residential and "A-1" Agricultural, respectively. Application has been made to amend the land use to be compatible with the adjacent properties and intentions for development to "LDR" Low Density Residential simultaneously with the annexation of property. The applicant proposes to rezone the property to "PUD" Planned Unit Development as part of the an 80+/- acre development under the guidance of the City land development regulations. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site - specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 5. Site Data a. Site Characteristics 1) Total Acreaae: (2) Current Land Use(s) (3) Current Zonin4: b. Adiacent Properties Zoning North (City) PUD-R 40.23 acres County R (Rural Residential, 1 unit/1 ac) County AG-1 (Agricultural, 1 unit/5 ac) Existina Use Future Land Use Residential Subdivision VLD 105 of 295 East: (County) A-1 Rural Residential R West: (City) RS-10 ResidentialNacant LDR South: (County) RS-3 ResidentialNacant L-1 6. Comprehensive Plan Consistencv a. Changed Conditions: The proposed change of land use to a higher intensity of use is consistent with the current land uses surrounding the property. Existing residential development is adjacent to the property and is consistent for this area which contains established public schools and is near commercial service areas. The applicant proposes to combine two 40 acre parcels into one residential subdivision. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The LDR (Low Density Residential, 5 units/ac) land use was established to implement policies and performance standards for density in areas within the perimeter of the City and primarily comprised of single family homes. This use is compatible with the City of Sebastian current and future land use along this corridor. Surrounding land uses also consist of low density single family residential. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use change have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. Proof of ROW access has been provided from CR 510. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. f. Economic Effect: The property contains vacant agricultural lands that may be combined with adjacent property for residential growth. FDOT has funded improvements to the CR 510 corridor and additional residential developments have been proposed along this corridor to meet the current market needs. The City has identified the need for more affordable housing and this may be encouraged on this property. In addition, the development will bring sewer and water into this part of the City. These infrastructure improvements provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and Code of Ordinances. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 7.Conclusion: The requested land use change from County R to City VLD is consistent with the Future Land Use Map and staff supports a recommendation of approval to the City Council from the Land Planning Agency. Lisa L. Frazier. AICP PREPARED BY PAI 1 /11 /2023 DATE 106 of 295 1523056 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, SK: 1702 PG: 2152, 03/10/2004 03:29 FM DOC STAMPS D $5990.00 e. Fee 36.00 We. r� Do. Stps, $5860.00 j (EXHIBIT 1 V Prepared by end Return to: I COMMERCIAL. TITLE SERVICES, INC. I 1627 U.S. Highway 1, Suite 7 I Sebastian, Florida 32958 I Incident to the issuance of title insurance I Tax ID 0 31-38-26-00000-3000-00005.0 CTS-6364 THIS WARRANTY DEED made the ---qh day of March, Z004 by John W. Massey, Jr., individually, and as Trustee under The John W- Massey, Jr., Revocable Trust, dated October 13, I99E hereinafter called the grantor, to Double R & D Inc., a Florida corporation whose address is: 1346S N. Indian River Drive, Sebastian, Florida 3295E hereinafter called the grantee; WITNESSELH. That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Indian River County. State of Florida, viz: The Southeast 1/4 of the Northwest 1/4 of Section 26, Township 31 South, Range 3E East, said land lying and being in Indian River County. Florida. EOGETHER WITH an easement for ingress and egress as set forth in Official Record Book 902, Page 1077, Public Records of Indian River County, Florida. Subject property is vaunt and unimproved land and does not adjoin the homestead property of the grantor herein. a TOGETHER, with all the tenements, hereditaments and appurtenances thereto �! belonging or in anywise appertaining. To HAVE AHD TO HOLD, the same in fee single forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convoy said land. and hereby warrants the title to said land and will defend the same against the lawful claim of ell persons whomsoever; and that said land is free of all encumbrances, except texas accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantor has signed and sealed those presents the day and year first above written. d, sealed an ive in e presenceL40 witness n W. ssey, as e DENISE FORTNER PO Sox 594, Wabasso, lorida 32970 P T�td Sign tsar •' Witness mess Grantor's Address: Printed Signature off 2�l Witness State of Florida County of Indian River The foregoing instrument was acknowledged before me on this date, by John W. Massey, Jr., who is personally known to ate or who has produced; Rri2 I f{r-ofia}as identification. WiT1iE55 my hand and oWcial seal in the State and County l� aforesaid this S' day of March, 2004. DENIsf- FORTNER - Notary's Printed Name Notary Public caamission �cpires: [Notary Seal) aesst Foan+ffi , WY t�laasSOH � m 25687E . t7�&Nre�erts,2007 108 of 295 ' nAap %ovLn1 &P-> nC.1\i nvswauu.,.a, ar`►w.► ».... �..���..� �..__ M i, day of 1991, by between .� and SACK 17AVIS, Of 8690 86th Ave e, -Vero Beach, Florida 3296jL , hereinafter vn co called "Dania": J. K. RUSSELL, of 8920 86th Avenue, Vero Beacp Florida 32966 hereinafter called "Russell"; and JOHN W. MASM"i and MY NASSEY, � his wife, of Wabasso, Florida 32970 hereinafter called "Massey"; wHEREJIS, the above parties are the owners of land located in Section 26, Township 31 South, Range 38 East, Indian River r v County, Florida; and .o w HHERFAS, all the parties are desirous of establishing a �? private easement for ingress and egress over their respective N t° properties from State Road 510 to the south right of way of tho Sebastian River Drainage Canal; NOW, THEREFORE, in consideration of $10.00 and other valu- able considerations, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants and easements herein contained, it is agreed between the parties as follows: I. That all parties herein grant to the other parties herein an easement over their properties for ingress and egress to and from their respective properties to State Road 510. 2. The description of the easement is as follows: An easement 60 feet in width lying 30 feet either side of the East dine of the Southwest one --quarter of Section 26, Township 31, Range 38. AHD An easement 60 feet in width lying 30 feet either side of the East line of the Southeast one -quarter of Northwest one -quarter of Section 26, Township.31, Range 38 and the North 30 feet of the West 60 feet of the Southwest one -quarter of Northeast one -quarter of Section 26, Township 31, Range 38. 3. The easement shall be private and shall rum with the land of all the owners herein, and any conveyance of property shall include the easement for the benefit of the owner, and said W conveyance will be subject to the easement for the benefit of all a 109 of 295 � and from the respective properties. The parties may agree among themselves to impose such restrictions for their joint benefit to naintain the road as a private road for the use of the owners of property herein only and to provide security for all the under- signed owners. s. This agreement shall be binding upon the parties hereto, their respective heirs, personal representatives, and assigns. IN WITNESS WMEOF, the parties have hereunto set their bands and seals, the day and year first above written. Signed, sealed and deliver- ed in the presence.of: Na Robert 4aCKson c IMYZB�e2rtha B. Sharp � As to Jack Davis N ��RoberJ�ckson Bertha B. Sharp As to J. M. Russell .c ack Davis 4' M- . Russel Signed, sealed and delivered k. Aw the presence fee �• \'j,, ,i -, t; John W. Massef Mary bssey As • o 9r. and Mrs . m ssey '• 1 a► 110 of 295 t I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared JACK DAVIS to at known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the $ame. nTMS Ay hand and o ficial sea the County aW state last aforesaid, this i.r day of ,. , 1991. r (NOTARY SEAL)SEAL) r a Na Notary Public. State of Florida at Large. My commission expires: STATE OF FWRXDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly R-:alified to take acknowledgments, personally appeared J. K. f• IS 'ELL, to ale known to be the parson described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in, the county and State last aforesaid, this �J� day of (NOTARY SEAL) � � 1���,� c � -: 61ug�_ Name Notary Public, State of Florida at Large. My commisaA""t Tres: KUTArg puBuc. SJUE0M W CCvvUM W1U �MFR4:i STATE OF FLORIDA 4u'v.'rtt OF INDIAN RIVER I HERESY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared J. v. MASSEY and MARY HASSEY, his wife, to me known to be the persons described in and who executed the foregoing instrument and aekrw`/ledged before me that they .executed the same. +�=.rti�►S my hand and official seal in the County and state last aforesaid, this day of _J.U0e. , 1991. (NMARY SEAL) e Aa.�) No ry Public, State - State of Florida at Large. My coamission expires: C3 ate& N -a as This Instrument Prepared By: t?-h0v-#- twe�U+tnn . irJM- I I I of 295 Ca ATTACH.MENT A ...., SERASYLAtN HOME Of PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 F www.cliyolsebastion.org Comp Plan Land Use Amendment Comp Plan Text Amendment (Large Scale) Land Development Code Text Amendment x Comp Plan Land Use Amendment Rezoning (Small Scale) X Annexation Project Name: Hess Subdivison Total Site Area: 40.23 acres/ 1,752,419 S# Acres\SF Parcel !.D:31-38-26-000003000-00006.0 Existing Address of Site: 8925 86th Avenue _ Proposed Address of Site: TBD (Proposed 89th Street) Proposed Use: Single -Family Residential Land Use: LDR Zoning: PUD Contact Name: Mr. Vincent Musso- Ryan Homes _ A4dress:1450 Centerpark Blvd. #340, West Palm Beach, FL 33401 _ Telephone.561-720-1371 En►ait: vmusso@nvrinc.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Double R&D Inc. L Address:13465 N. Indian River Drive, Sebastian, FL 32958 _ lTelephone: _Email: Date Received: Fee Paid: Received by: FORM B 112 of 295 Surveyor: _ Address: Telephone: Engineer: MSV Engineering, Inc. 1 Ernail: Address:1835 20th Street, Vero Beach 32960 Telephone: 772-569_Q035 Email: aaronb@mbveng.com Pre Application Meeting Date: — — -- DESCRIPTION OF PROPOSED PROJECT: Annexation of Hess parcel into the City of Sebastian (31-38-26-000003000-00006.0) -SIGNATURE OF APPLICANT I hereby certify that l have read and examined this application and [snow the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulatine construction or the performance of construction. Mr. Daniel bless7,— Print name _ - Signature Date Notarv: STATE OF: F' f o r I'd 61 COUNTY: IndlQn Aive,r I hereby certify that on AIA 9, U $ ! 20 2Zl personally appeared UQ n i G l �i� s _ _ who is _-_ personally known to me or has � produced identification. 'Type of identification produced: Drl V -S l a—Y-1 �r, (SEALI �l a K ASHtsYµCOOK �otaryPublic �• '' tosFNHHtBtt75 r „�,��uaa,so2s My Commission Expires:Ey$� 4'1W nib BakallTru & liolut Sen ^' FORM B 113 of 295 COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772)589-5518 ■ www.cltvofsebasllan.orc? DEVELOPMENT RF IFiV APPLICATION FEE SCIII,DULEICHE(.'KLI5T APPLICATION FEES: S2,000 Comp Plan Lane! Use Map Amendment (Large Scale) $1,500 Comp Plan Land Use Map Amendment (Small Scale) $1,000 Annexation $2,000 Comp Plan Text Amendment $1,500 Land Development Code Text Amendment $1,250 Rezoning x "APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY** DOCUMENTS SUBMITTED FOR APPLICATION REVIEW: S"Summary Report: addressing review considerations in accordance with 54-1-2.7 Land Development Code and 54-1-2.9 Land Development Code where applicable; or, objective 1-2.4 of Comprehensive Plan 2040 of all annexations. IJ Location Map 91 'Two (2) Boundary and;Ro p apimpkis. Surveys 0 Warranty Deed for all owners and/or Notarized better of Authorization 9 Future Land Use Map: Current and Proposed ® 7oning Map: Current and Proposed Traffic Impact Analysis Statement Electronic Copy - Complete Submittal ❑ Stormwater Calculations ADDITIONAt. Should the ici ie►► process be delayed by (heapplicant foi- Junger thou h months, re -submittal till he retiuired consistent ►r ith current regulations unit fees. The alapliratnt/im ner sh:all have l %ear front ilie apprun al door to comniencr ronsiroction of all nr sassy phase. If the site plan expires, the applictaut/ovvner must rc-apph for a new revic%► ►+ith applicable fires. An extension ma3 he requested for additional fees. s FORM B 114 of295 2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P02000117400 Entity Name: DOUBLE R 8 D INC. Current Principal Place of Business: 13465 N. INDIAN RIVER DRIVE SEBASTIAN, FL 32958 Current Mailing Address: 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 FEI Number: 20-0275401 Name and Address of Current Registered Agent: HESS, DANIEL PSR. 13485 N. INDIAN RIVER DRIVE SEBASTIAN, FL 32958 US FILED Mar 28, 2022 Secretary of State 2417735327CC Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing tfs rogistorod office or registered agent, or both, in the Stato of Florlde. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title P Name HESS, DANIEL P SR. Address 13465 N. INDIAN RIVER DRIVE City -State -Zip: SEBASTIAN FL 32958 Title ETC Name O'REILLY, ROBERT Address 386 JANUA COELI WAY City -State -Zip: RUTHERFORDTON NC 28139 Title VP Name O'REILLY, STEPHEN R Address 386 JANUA COELI WAY City -State -Zip: RUTHERFORDTON NC 28139 Date I haraby candy that the inlarmabon un icatad on this report m supplemental report is here and aaanafa and that my etecfrardc sgnalure shaft have the same lagal affect as d merle ender oath: that f am an ofter or dbscbr of the corparrrtan or the receiver or trustee empowered to exmda d+ts report as rewnred by Chapter 607, Fbdda Statata& and that my name appears above, or on on attadkrtard wM all other Me empowered. SIGNATURE: DANIEL P HESS PRESIDENT 03/28/2022 Electronic Signature of Signing Officer/Director Detail Date 115 of295 1790278 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2088 PG: 1758, 10/12/2006 08:18 AM DOC STAMPS D $0.70 R1W Dedication — Blue Water Bay PD Tax I #31-39,-26-00000-5000-00001.0 Tax to #31-39-26-00000-5000-00001.1 Tax ID #31-39-26-0000D-5000-00001.2 Instrument prepared by and should be returned to the County Attorney's Office 1840 2e Street, Vero Beach, FL 32960 STATUTORY WARRANTY DEED THIS INDENTURE, made this 2� day of OFI�1 , 2006, between 510 GROUP, L.L.C., a Florida limited liability company, 1974 14"' Avenue, Vero Beach, FL 32960, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32956, GRANTEE, WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying, and being in Indian River County, Florida: SEE EXHIBITS "A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land, and will defend the same against the lawful claims of all persons whomsoever Signed it pre 510 GROUP, C. sign: Printed name: k1`7A 1.5-14e*' By sign 4 1 u ,M,( Mark A. Brackett Witness Je.fs1 ca � W,ll iams Managing Member Printed me: STATE OF FLORIDA COUNTY0FQ— vpx_ The foregoing instrument was acknowledged before me this"'� Ll day of 4 P' ; , 2006, by Mark A. Brackett, Managing Member of 510 GROUP, L.L.C., a Flo �da Ifmlted liability company, who Is personally known to me, or produced as identification. Sig {i Notary Public Stamped seal with printed name, pv++"N% LAumn F Harm W Comtnisslon # & explration date My t:onunta�on ppmeep 'Vol, W Flea February 07 2007 116 of 295 RK: 2088 PG: 1759 Description A strip of land In the Suuthwest 1/4 of Section 26, Township 31 South, Range 38 East. Indian River County, Florida, said strip being more particularly described as follows: COMMENCING at the Southeast corner of said Southwest 1/4 of Section 26, proceed North 00' 15' 05' East along the East line of said Southwest 1/4 a distance of 53.26 feet to a paint on the North right—of—way (r/w) line of County Road No. 510 (100' r/w), said point being the POINT OF BEGINNING; thence continue North 00' 15' 05" East along said East line, a distance of 2598.81 feet to the Northeast comer of said Southwest 1/4 of Section 26; thence North 89' 44' 40" west along the North line of said Southwest 1/4, a distance of 85.09 feet; thence South 00' 11' 20" West a distance of 30.00 feet to a point of curvature of a curve concave Southwesterly, having a radius of 55.00 feet, and a tangent bearing of North 89' 48' 40" West; thence Southeasterly along the arc of said curve, through a central angle of 90' 03' 45 , a distance of B6.45 feet to the point of tangency of said curve; thence South 00' 15' 05" West, along a line parallel to and 30,00 feet West of sold East line of the Southwest 1/4, o distance of 1310.59 feet; thence South 01' 56' 56" West a distance of 32.27 feet; thence South 15' 20' 59" West a distance of 51.78 feet; thence South 01' 46' 10" West ❑ distance of 284.84 feet; thence South 15' 45' 24" East a distance of 25.34 feet; thence South 00' 15' 05' West along a line parallel to and 45.00 feet West of (when measured perpendicular to) said East line of the Southwest 1/4 a distance of 745.03 feet; thence South 45' 17' 35' West a distance of 56.53 feet; thence South 00' 15' 05" West a distance of 26.84 feet to a point on said North r/w line of County Road No. 510; thence South 89' 46' 39" East along said North r/w line, a distance of 55.00 feet to the POINT OF BEGINNING. Contolning an area of 100,354 square feet, or 2.30 acres, more or less. Proposed Bluewater Bey S/D r/w - East Side William B. Ze_ntz & Associates, Inc. Prafembnal( SLrveyoria&Mappers r 0MYiGTi Or mnmoMuly a (Le) x.. EB10 684 Old Dixie Highway VQ " Vero $each, FI 32962 ,'! �31 a6 Phone; (772) 567-7552 WtiLw B. r ,Pis Fux : (772) 567-1751 sAWOF n- DASUKVFraY nb. S776 EXHIBIT"A" .,as Ab. 140—Or3 047E 3/30/08 S HrL r of I` r 2 117 of295 BK: 2086 PG: 1761 Descrii tion A strip of land In the Southwest 1/4 of Section 26. Township .31 South, Range 38 East, Indian River County, Rorlda, said strip being more particularly described as follows: Commencing at the West 1/4 corner of said Section 26, proceed South 69' 48' 40" East along the North line of said Southwest 1/4 a distance of 275.00 feet to a point on the East line of Sebastian River Water Control District Lateral "D" Conol right-of-way; thence continue South 89' 48' 40" East along said North tine of the South- west 1/4, a distance of 2291.77 feet to a point I ing 85.09 feet West of the Northeast corner of said Southwest 174 es measured along said North line; thence South 00' 11' 20" West a distance of 30.00 feet; thence North 89' 48' 40" West, parallel to and 30.00 feet South of (when measured at right angles to) said North line, a distance of 1709.49 feel to the point of curvature of a curve concave Southerly, having a radius of 2835.00 feet; thence Southwesterly along the ore of said curve, through a central angle of 08' 11' 30", a distance of 405.32 feet to a point of reverse curvature with a curve concave Northerly, having a radius of 1236.00 feet; thence Westerly along the arc of said curve, through a central angle of 08' 17' 43 , a distance of 175,95 feet to a point on said East line of the ofore- mentioned Lateral "D" canal right-of-way; thence North 00' 11' 51" East, along said East right-of-way line, n distance of 71.53 feet to the POINT OF BEGINNING. Containing an area of 79.309 square feet, or 1.82 acres, more or less. Proposed Bluewater Bay S/D rlw - North Side William B. Zentz & A>asociates, Inc. ProfmainVW SL"ay0r*&MWPa-6 roc- 0I,3 MTnF ATE OF AM M2AMN (LB) NoKean / DAYE 684 Old Dixie Highway / �•�l�dfo 3/'i0/06 Vero Beach, FI 329b2- Phone! (772) 567-7552 Wumr e, z4wrz. or MORFax : (772) 567-1751 sS7ATE OF _0 .0 rFLOWA N'' Sz7s i 2 EX H I B iT "A" 119 of295 ANNEXATION ANALYSIS This analysis has been prepared to support a request to annex the subject property into the City of Sebastian and change the future land use map (FLUM) designation of approximately 40 acres from Indian River County "R" (Rural Residential) to City of Sebastian "Low Density Residential (LDR)" and redesignate the zoning district for the site from Indian River County "AG-1" (Agricultural) to the City of Sebastian's "PUD" (Planned Unit Development) district. The purpose of this request is to secure the approvals necessary for developing the property with a future use compatible with the adjacent properties and the applicant's intentions for development. The applicant intends on developing a residential neighborhood that preserves the beautiful south prong of the Sebastian River, while providing new residential housing. The property site is located adjacent to the City of Sebastian on the south and western boundaries. The property is intended to be developed in tandem with the similarly sized parcel immediately on its western boundary which also has a Low Density Residential (LDR) Future Land Use designation. As part of the annexation, we are providing the following information regarding concurrency and the possible impacts to the City: Impact on Public Facilities and Services. • Transportation • Access • Water and Sewer • Solid Waste • Stormwater • Parks & Open Space • Schools • Concurrency Summary Fiscal Analysis III. Environmental Impacts IV. Compatibility with City's Comprehensive Plan V: Compatibility with Surrounding Area VI: Conclusion VII: Attachments I. Impact on Public Facilities and Services. The site is located within the Urban Services Area, an area deemed suitable for urban development. Several services are already provided from both the county and City, including utilities and emergency services and should therefore be compatible with the City's future service areas. The Comprehensive Plan, FLU Element and Intragovernmental Element establishes standards for Concurrency management and specifically, standards for Transportation, Potable Water, Wastewater, Drainage, and Recreation. 11F.agc 122 of 295 Chapter IX of the City's Land Development Code, "Concurrency Management", defines the level of service standards for these facilities, and specifies that adequate provisions for these services are necessary to support new development. Because a site plan Is not typically prepared for an annexation or Land Use Amendment, the Concurrency analysis is based on an assumption that the site would be developed at an average density of 4 dwelling units per acre, similar in density to the proposed Spencer parcel directly adjacent to the west. The act of annexing the site will not change the impact and demand on public services, as its envisioned that the site will be developed whether its stays in the County or is brought into the City. And by its proximity to the City, the development will naturally add to the traffic on the roads and schools (both of which are County facilities). However, annexing the site will provide the City control and oversight of the future development of the site, and It will ensure the City will be the recipient of additional sources of revenue. Transportation: This site currently has an Indian River County "R" (Rural Residential) designation and for the annexation Is seeking to amend that to the City of Sebastian "Low Density Residential" (LDR). In looking at this site, we have calculated the trip generation based upon its current Land Use, and also calculated the proposed trips based upon the full five units an acre allocated in to the LDR land use. Of course, during site plan development, If required, a full traffic Impact report will be submitted that shows the impacts to each of the adjacent roadways. This site is primarily going to access County Road 510, which FDOT has a phased plan adopted and approved to increase capacity. TRAFFIC STATEMENT PER ITE, 10TH EDITION: PARCEL SIZE: 40.23 ACRES EXISTING LAND USE: IRC - R (1-UNIT/ ACRE► USE 1: (210 - SINGLE-FAMILY DETACHED) = 9.44 ADT PER UNIT 4023 ACRES/ 1-UNIT/ ACRE = 40.23 UNITS 9.44 X 40.0 UNITS = 378 AADT PROPOSED LAND USE: SEBASTIAN - LDR (6-UNITS/ ACRE) USE 1: (270 - RESIDENTIAL PLANNED UNIT DEVELOPMENT) = 7.38 ADT PER UNIT 40.23 ACRES X 5-UNITS/ ACRE = 201 UNITS (Maximum allowable units per land use density) PROPOSED NUMBER OF UNITS: 156 7.38 X 156.0 UNITS = 1,151 AADT EXISTNG LAND USE ALLOWABLE: 378 AADT PROPOSED LAND USE ALLOWABLE: 1,151 AADT DIFFERENCE: 773 AADT ADDITIONAL TRIPS ADDED 2 1 P a g e 123 of 295 Access: This site has a planned shared new roadway near Sebastian River High School on County Road 510 on east -west roadway into the development that will be 89a' Street, additionally there is a planned secondary connection on the southeast corner of the development that would run to a second point on CR 510. This site is also adjacent to the North County Transit Hub, offering quick connections onto the Go Line's public transit options for Routes 5, 9, 10, and 12. The planned FDOT roadway improvements also offer a proposed new bike lane as part of the redesign of CR 510. IT is understood that development approvals for this property are contingent upon the construction of the planned 89' Street access that is currently under design in coordination with Indian River County. Water and Sewer Utility: Water and sewer are available adjacent to the site and will connect. Both water and sewer design plans will be completed concurrent with any proposed development plan. The City's Comprehensive Plan indicates that 250 GPD per equivalent residential unit (ERU) is still the most appropriate measurement to utilize. Demand: 250 GPD per ERU is the appropriate calculation for both Water and Wastewater (Sanitary Sewer). The County has indicated this is a consistent measurement for the Utility design and capacity data indicates that adequate capacity exists. Solid Waste: The City has a franchise agreement with Waste Management to provide solid waste collection, two times a week. The County also has an agreement with Waste Management but just offers once a week pickups. Waste Management utilizes the IRC transfer and landfill facilities. The calculation demand and capacity are included below based upon Waste Generation Units (WGU): The following analysis is provided, consistent with IRC requirements: 156 units x 1.6 WGU = 249.60 WGU's of waste. Capacity -county landfill: Based on information from IRC there is adequate capacity forecasted through 2071. Stormwater: The drainage level of service standards outlined in the City's 2040 Comp Plan, include: 1. Post -development run-off shall not exceed pre -development run-off for a 25-year 24-hour event. 2. Treatment of run—off from the first 1 inch of rainfall on -site. Meet design and performance standards of 17-25 FAC. 3IF, ago 124 of 295 Prior to any site development approval, the City's land development regulations require that the proposed development plan provides sufficient evidence that the project, when constructed and operating, will meet or exceed the local and state requirements. All developments, at time of site plan application, are reviewed for compliance with local and state stormwater regulations, which require on - site retention and pollutant abatement, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge criteria of the City storm water ordinance and the state -environmental permitting agency (S.J.R.W.M.D.). Therefore, any future development on the site would be prohibited from discharging any runoff In excess of the pre - development discharge rates and prohibited from discharging pollutants in excess of pre -development amounts. The City has adopted and Implemented a stormwater program and this site would be subject to those requirements, including the payment of an annual Stormwater Impact Assessment (levied through the annual property tax assessment) that Is currently $120 per residential unit. Its important to note that site development will improve the water quality to the receiving waters (In this case, the Indian River lagoon). In its current condition, which appears to have untreated stormwater run-off. Site development regulations require the construction of storm water management systems that detain and prevent erosion and excess stormwater run-off, removes pollutants, and often requires the installation and maintenance of shoreline protection buffer(s) when adjacent to surface waters or wetlands, and protection of or mitigation for jurisdictional wetlands on the site. As a result, the stormwater run-off discharge rates and pollutant volumes discharging off -site will be reduced. Recreation & Men Soace: This site Is strategically located to offer fast and easy access to many local passive and active recreational parks. The Land Development Code indicates that 2.0 acres per 1,000 persons for Neighborhood (within a X mile) and Community Parks (within a 1/2-mile to 3 mile radius) are the appropriate metric. We have prepared a graphic showing the proximity to several community and regional parks. Notably, the North County Regional Park Is 1.6 miles away, and the Kayak launch is 1.3 miles away. Also within easy distance Is the Rail Trail, running along the north side of CR 512 about a block north of the road. This follows the rail bed of the historical Dinky Line of the Trans -Florida Central Railway that originally serviced Fellsmere Farms. At the County's North Regional Park, this facility follows a paved surface that leads to the 1-95 overpass and links up a number of State Parks. Also, the City's Community Park at Barber Street is within a 3 mile radius. The North County Library is within two miles, and there are sidewalks to provide easy access to all these amenities. Through the site plan process, neighborhood level recreational amenities and open space will be identified. The Comprehensive Plan also requires the dedication of land for parks or fees in lieu thereof for all new dwelling units. These fees are paid at the time of building permits. 41Pagr. 125 of 295 Schools: The School District has completed the Conditional School Concurrency form and it is attached that shows there is adequate capacity at each of the local area schools: Treasure Coast Elementary, Sebastian River Middle School and Sebastian River High School. Concurrencv Summarv: Based on the above data, public facilities for traffic, drainage, solid waste, water, wastewater, parks and open space, and schools have adequate capacity to accommodate the proposed use of the subject property. Fiscal Statement The proposal to annex the 40 acre property into the City of Sebastian will have a positive fiscal Impact to the City as the property is developed. In its current state, the property enjoys an Agricultural classification and historically low property taxes for its Agriculture status. However, this site is planned for a new subdivision to provide 156 homes. As this happens, each homesite will be subject to Ad Valorem taxes and fees established upon the value of each property. Annexing the site will provide the City control and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue that the City would otherwise not obtain. Additionally, the City will benefit from Impact Fee collection and building permit fees, This property currently has a 2021 Market Valuation of $680,000 per the Property Appaiser's Office. After various discounts including an Agricultural Exemption, this site collects $157.83 in property taxes to the County (none of that goes to the City). After this development is built, it is projected that each property would be valued on its own. In looking to Sebatian River Landings, three properties were sampled to develop a snapshot of the potential Ad Valorem rates and the Stormwater fee_ Address 2021 Market Valuation 176 Port Royal Ct. 225,000 146 Morgan Ct, 202,417 220 Barbossa 217,811 Average 215,076 Source: Indian River County Property Appraiser Data Interpolating this, the Ad Valorem average value of $215,076, utilizing the City's millage rate of 3.0043 is $646.15 per annum. The tax generation for 155 new residential units is estimated to be $100,80D annually and will likely grow as values grow over time. Additionally, the Stormwater fee of $120 per unit is $18,720.00. 6 1 P 1. 127 of 295 Environmental Impacts A preliminary Environmental Assessment has been prepared for this site dated February 11, 2021. A full copy is in the application package, and this section will summarize the report. Also, the Surveyor has identified the native tree species that occur on the site as well as noted the presence of nuisance and exotic species. There were no gopher tortoise burrows or individuals observed, nor does the site contain scrub jay habitat. This site is outside the quarter mile threshold from the nearest occupied scrub jay territory or suitable habitat. The site does appear to have a native upland community and access to the one of the branches of the Sebastian River. In preliminary discussion with the City, the developer understands the unique natural amenity and will work with the City to determine the most appropriate methods to conserve the site and access to the south prong. This site is classified as Flood Zone X, as a largely abandoned citrus grove it does support some native oaks and palms, but there are no protected species found on the site. The site also contains a few small segregated wetlands and other surface waters from the agricultural use. A formal wetlands delineation will be done during the permitting process. Any impacts to the wetlands will be addressed through avoidance and minimization where possible, mitigation by enhancing and preserving, and wetland mitigation credits where needed, Currently, the Corrigan ranch property has available wetland mitigation banks. Environmental impacts caused by the potential development of the site would be essentially the same under either the existing IRC or the proposed City FLUM designation, or whether in IRC or the City of Sebastian. It is important to acknowledge that prior to any site development, requisite permits from the appropriate agency are required. Any wetlands or other natural resources that may be located on the site are protected by federal, state, and local regulations and would require the approval of those agencies through their review and permitting process. i.ad+ - �'1'�'�M'S. � - ,.� i,� •, f�Li'�!� �lr' ..-.•w . f�..,,.,.t�-y... - .- � _•) i►./pl"'r /t `r r • it ` t '� � - � +� � �. r" ' . , . � ► �. �� ,! • r; _ �• '/ ' �" �, r, ..•t f �� �' l+► Ply hv:a;e: �I R� ."A15hr. .. •3:►�„i• �J't; rvC; ineL M 71Page 128 of 295 IV. Compatibility with City's Comprehensive Plan (2040) 2040 Comprehensive Plan Analysis: Approving the annexation and granting the request to re -designate the subject property to a "LDR" FLU designation within the City would result in development which would be compatible with surrounding areas and in this case both Sebastian River Landings to its north, future residential development on the vacant parcel to its West, and the future development of Blue Water Bay to its south. The site already has an IRC "AG" future land use designation and "Rural Residential" zoning, so the annexation and FLUM designation would change the anticipated development consistent and compatible with the parcels around it, and the original Sebastian Highlands development which is also LDR. Annexing the site will provide the City control through their land development regulations and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue that the City. Annexing the property is consistent with the City's long-term objectives and goals adopted in its Comprehensive Plan. The following references are in direct support of annexation and the designation of "LDR" Future Land Use in this vicinity: Key Objectives and Policies in the City's 2040 Comprehensive Plan are referenced below: Map 1-14: This site is located within the City's annexation reserve area. Objective 1-1.2 Residential Land Use Policy 1-1.2.2. Low Density Residential Development (LDR) Areas designated as Low Density shall accommodate a maximum density of up to five (5) dwelling units per acre and shall be comprised primarily of single family detached homes on individual lots and attached residential homes, This site is intended to offer single family attached residential homes, and bu developed in conjunction with the adjacent parcel to offer single family detached homes. Policy 1-1.2.6. Allocating Residential Development. The highest residential densities shall continue to be allocated to sites with adequate and supporting public infrastructure, accessible to major arterials or collector streets and adjacent to existing development with the same or higher density. The allocation of new residential land use shall be based on the following considerations: • Projected population - ] hese homes will help fulfiii housing needs for the City's projected population • Infrastructure (availability) — Water and Sewer is adjacent and available. • Infill —This site would serve as infill development as its within the Urban Service Boundary and adjacent to other developments. 81Page 129 of 295 • Enclaves — This site is adjacent to the City boundaries and could be considered an enclave • Housing trends and characteristics including provisions for missing middle and attainable housing; • Provision and maintenance of quality residential developments and housing stock. This site seeks to provide "missing middle" housing that would be attainable for the local area. • Protection of environmentally natural systems —At the site plan stage, this site will add additional protections to the South Prong of the Sebastian River. • Location and or proximity to the Coastal High Hazard Area (CHHA) _ This site is not located within the CHHA. • The need to plan for transition In residential densities - This site is adjacent to the Spencer Parcel which is already within the City, and is LDR. Additionally, most of Sebastian is LDR including the original Highlands subdivision. • Provision and maintenance of traffic circulation— FOOT is investing heavily in CR 510, and a new east west roadway(89" Street) is planned between this site and the Bluewater Bay that will be maintained by Indian River County Objective 1-2.2: Prevent Proliferation of Urban Sprawl. The City shall continue to maintain LDCs which include performance standards ensuring that the location, scale, timing, and design of development shall be coordinated with public facilities and services in order to prevent the proliferation of urban sprawl, maximize pubic infrastructure, and achieve cost effective land development patterns. This site meets all criteria, it's a compact site that is adjacent to several other developments and has easy access through the arterial roadway of CR 510. Schools are uniquely close by the site — with close proximity to Sebastian River High School, Sebastian River Middle School, and Treasure Coast Elementary. Objective 1-3.4: Design for Healthy Communities. Encourage design principles that accommodate for healthy lifestyles and safety. Policy 1-3.4.1: Healthy Communities. The City shall ensure equitably distributed and accessible active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (Le. parks, greenways) to support healthy lifestyles and physical activity. This site offers easy access to County Parks, City Parks and the Indian River County Greenway/Blueway. T he County's North Regional Park is nearby, as are connection to the Rail Trail that is built upon the historical Dinky Rail Line, The County's Blueways Kayak Park is nearby on CR 512 with two access points (one closer to Fischer Lake Isle and one just east of the main entrance to Sebastian River Landings), and the City's Barber St Park offering football, skateboarding and more is within a B mile radius. FOOT has planned bike lane improvements on CR 510 that are funded and will begin in Fall 2022, while the sidewalks are wide sidewalks designed to accommodate a variety of pedestrian and people powered movement. 9 1 P a g e 130 of 295 V. Compatibility with Surrounding Areas The property is located adjacent to the City's western central boundary, adjacent to Sebastian River Landings and the Spencer Parcel, accessible via County Road 510. The northern side, as well as the western side, of the site abuts the City of Sebastian City limits. The parcel to the west shares the same LDR designation, and LDR is the predominant designation throughout the City. VI. Conclusion Based on the analysis, the City can conclude that the requested annexation and land use designation is compatible with surrounding areas, consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable land use designation amendment criteria. Most Importantly, the subject property Is in an area that offers municipal services and critical infrastructure water and sanitary sewer. VII. Attachments SCADL— Conditional Concurrency from Indian River County School Board Annexation Maps showing the City's Adjacent Land Use and the City's Zoning Designations 101Pago 131 of 295 Time Stamp Received School Impact Analysis Form Instructions: Submit one copy of completed application, location reap, and applicable fee for each new residential project or building permit requiring a determination of school capacity to the applicable local government. Conditional School Capacity Availability Determination School Capacity Availability Determination Type of Application Request: LJ Request for Exemption Project Information Project Name: Double R & D Inc. Subdivision Annexation Municipality (if applicable): Sebastian Parcel ID#: (attach separate sheet for multiple parcels): 31-38-26-000003000-00006.0 Location/Address of subject property: 8925 86th Avenue (Attach vicinity location map — with Closest Major Intersection) Generally located at SE quadrant of CR 510 & 512, see attached maps. ownership/Contact Information Owner/Contract Purchaser Name(s): Double R&D Inc. Agent/Contact Person: Bill Pittsley (if agent or contact information is completed the District will forward all information to that person) Mailing address: 1835 20th Street, Vero Beach, FL 32960 _ Telephone#: 772-569-0035 Fax: �T Development Information Current Land Use Proposed Land Use Designation A-1 _ Designation LDR Current Zoning R-Rural Proposed Zoning PLID-R SF: 156 Proposed # Dwelling units TH: by type': MF: (rental) Condo: ' Show only the ff of units for this application not the total for the development I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. ^/" �1�9 9/15/2022 Owner or Agent Signature nt�.nU....U.+ Date -- (if applicant is not the owner of record, a letter of authorisation from the property owner(s) must be included with this form at time of application submittal.) 132 of 295 eSignature Details Signer ID: uaTiRJLnNjgJKTLxR4manzk2 Signed by: Dan Hess Sent to email: hessdp@hotmail.com IP Address: 64.64.117.249 Signed at: Sep 15 2022,1249 pm EDT For School District Use Only (Capacity Availability Determination) School Capacity Available: School Capacity Not Available:__ Exempt: Scl ool Capacity Availabi • jn Adjacent Service Area: chool District racohties Specialist Signature bat¢ 133 of 295 Friday, September 16, 2022 Indian River County School District School Concurrency Availability Determination Project Name: Double R&D Inc. Subdivision Annexation Date Received: 9/16/22 @ 9:15am Case Number: Builder Name: Project Unit Yield By Type of School Yield Elem Mid Single 0.189 29 Single 0.097 15 High Location: 8925 861h Avenue Single 0.123 19 Sebastian, FL (Generally located at the SE quadrant of CR 510 & 512) Parcel ID: 31.38.26.000003000.00006.0 Project Planned Units: #t Single Family 156 q Multi -Family: 0 #1 Townhomes: 0 t# Apartments: 0 Additional Anolicant: Double R&D Inc. Information: Contact: Bill Pittsley 1835 20" Street Vero Beach, Florida 32960 (772)569-0035 School Service Area Current I Programmed I Total Current I Vested I Total Available Project Boundary (SSAB) Capacity Capacity Capacity Enrollment Demand Demand Capacity Demand Treasure Coast ES 799 0 799 639 0 639 160 29 Sebastian MS 1017 277 1294 840 0 1007 4S4 15 Sebastian HS 2334 0 2334 1908 0 1908 426 19, This letter is in response to a Conditional School Capacity Availability Determination Request for the Project Double R&D Inc. Subdivision Annexation. This Project is located in SSAB for Treasure Coast Elementary School, Sebastian River Middle School, and Sebastian River High School. The SSAB does have sufficient space available to accommodate the students projected to be generated from this project. 134 of 295 A nOt11 Of PI I ICAN 15I-C-AAN IS1 M Nrl CITY COUNCII, AGEINDA TRANSMITUAL Council Nlectin Date April 12, 2023 Agenda Item Title. Approval to Ai%ard RFP #22-07. l',xelUSiVC Curbside Stilid Waste (ollkxtuon Services to Waste Management Inc. Recommendation.: StatT is recommending that City Council rcconsidcrs voting to award RFP 922-07 to Waste Management. establishing universal one a «cck garbage pickup on all residential units and authorize the City Manager to execute the appropriate documents. BacE—�: °mound. 111c CitY Council's actions on March R, 2023 were reconsidered March 22. 20235 Further action %%as tabled until the next meeting and direction was given to the City Manager to cam on a conversation with Waste Management about what options might be available. The conversation with Waste h1anagcment resulted in Waste Managements agreement to conduct quarterh billings and collections on all residential units within the City at the initial residential rate of $19.45. In consideration of Waste Management performing this billing and collection service, Waste Management mould bill a franchise fee of 6°0 (six percent) and remit to the City 3%(tire percent). The mason for the differential of billing 6%and remitting 3% to the Cite is to offset unpaid accounts to Waste Management. This would result in residential units bein-= initially billed $61.85 per quarter by Waste Management, starting with. the July through September 2023 quarter and then through the quarter ending September 2024. At that time. the Tax Collector would add an annual fec to the property tax bills for residential units for the period beginning in October and ending September, adjusted b} the CIP provision, plus the 6% (six percent) franchise fee. Commercial account fees would continue beine billed and collected b. Waste Management at the higher rates that were indicated in Waste Managements proposal kith adjustments for the CPI provision. However their total charges would be subject to a 6% (six percent) franchise fee that in turn would be remitted to the City. Staff is recommending that City Council no\v take action to Award RFP 422-07 to Waste Management, establishin�il universal once a reek garbage pickup on all residential units and authorize the Cite Manager to execute the documents IfAvenda Item Requires Bxnendilure of Funds: Total Cost: Cost to the Customers to be determined by the City Council. Attachments: I . Solid Waste Franchise Agreement 2. Copy of the Cith 's RFP Docurncnt 3. Copies of tic Addendums i Administrative Services Dcpar rent Rev` Cit\ Attome • Rcv1c►6: _ Procurcncnt Division Ruview, ifrrpl)hcably: `�-�- Cite Manager Ai !ro lzation Datc,� �3 hL 138 of 295 CITY OF 5003A HOME OF PELICAN ISLAND Franchise Agreement Between City of Sebastian and Waste Management Page 1 of 26 139 of 295 This Franchise Agreement ("Agreement") is hereby made and entered into this _th day of , between the City of SEBASTIAN, FLORIDA ("City") and WASTE MANAGEMENT INC. OF FLORIDA a Florida Cooperation, whose address is 1800 N. Military Trail Boca Raton, FL 33431 ("Franchisee"). WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, Franchisee desires to perform such services pursuant to the terms and conditions set forth in the proposal, addendums and herein; WHEREAS, The Franchisee shall provide a Universal service of Solid Waste collection of one (1) time per week, Yard Waste collection of four CY at one (1) time per week and an on call service of Bulk Waste and White Goods; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Section 1. Background Recitals 1.0 The recitals set forth above are true and correct and form a material part of this agreement for the following: This Agreement, and its associated Invitation to Bid (ITB) Documents, Franchisee Documents, referenced herein, together with any executed Addenda if any, shall constitute the entire Agreement between Franchisee and City (hereinafter referred to as the "Agreement"). In resolving conflicts, errors, discrepancies, and disputes concerning the Specifications/Special Conditions or other rights or obligations of the parties, precedence shall be given in the following order (1) provisions of this agreement, (2) provisions of the Invitation to Bid, (3) provisions of the Purchase Order, (4) provisions of the Franchisee's Bid, (5) provisions contained in any governmental regulation incorporated herein by reference, and (6) a fully executed Amendment to this Agreement. There are no understandings or agreements except as herein expressly stated. Section 2. Term of the Agreement 2.0 The term of this Agreement shall be for a period of seven (7) years, commencing on July 1, 2023 and terminating on August 31, 2030 with an option to renew for one (1) additional five (5) year term upon mutual consent of both parties, unless either party shall notify the other to the contrary in writing not later than June 1, 2029. Section 3. Definitions and Interpretations 3.0. General. To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. Page 2 of 26 140 of 295 3.1. Agreement shall mean this Franchise agreement between the City and the Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. 3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human -disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. 3.5. Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling by normal collection, processing or disposal methods. Bulk Trash includes but is not limited to discarded White Goods that are not Freon -Containing Devices, toilets pool heaters, water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods, appliances, fixtures and furniture. 3.6. Collect and Collection shall mean the process whereby Solid Waste is picked -up and removed from the location where it is generated, and then transported to the Indian River County Landfill. 3.7. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.8. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; (b) Recyclable Materials generated on Commercial Property and Mobile Home Parks. 3.9. Commercial Container shall mean any container which: (a) consists of four (4) permanently attached sides, a top and a bottom; (b) is made of metal, durable plastic or other non -absorbent material; (c) is free- standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial Containers include, but are not limited to roll-on/roll-off boxes, dumpsters, compactors, and similar receptacles used to Collect Solid Waste. 3.10. Commercial Property shall mean all of the improved property in the City of Sebastian that is used for: (a) Multiple Dwelling Units with five (5) or more units; or (b) commercial, institutional, church, not - for -profit, governmental, nonresidential or industrial purposes. 3.11. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; (c) churches and not -for -profit organizations; (d) hotels Page 3 of 26 141 of 295 and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; and (g) agricultural and industrial facilities.. 3.12. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.13. Construction and Demolition Debris shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes the following: a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; b) Unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures of their components and unpainted, non -treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other waste; and c) De Minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects provided such amounts are consistent with best management practices of the industry. 3.14. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.15. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City of Sebastian by Franchisee. 3.16. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of the agreement. 3.17. Council shall mean the City's governing body, which currently is comprised of the City Council of the City of Sebastian, Florida. 3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste discarded by a customer. 3.20. Customer shall mean a person having a contractual relationship with the Franchisee for Residential Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this Agreement and the City Code. Page 4 of 26 142 of 295 3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume and weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager. 3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or operated by Indian River County. 3.23. Freon -Containing Devices shall mean White Goods, appliances or other devices that contain or may release Freon, such as refrigerators, freezers, air conditioners, and dehumidifiers. 3.24. Garbage shall mean all kitchen and table food waste, and any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. 3.25. Garbage Receptacle shall mean the automated collection bin issued and delivered by the Franchisee to every Residential Customer. The Container shall be a mobile 36-gallon, 64-gallon, or 96-gallon automated collection bin, as requested by the Customer. 3.26. Hazardous Waste shall mean any solid waste regulated as a hazardous waste by the Florida Department of Environmental Protection, or the U.S. Environmental Protection Agency pursuant to Applicable Law. 3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes that are not a Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agriculture chemicals; food and related products or byproducts; inorganic chemicals; iron and steel manufacturing; leather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on behalf of the County for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 3.28.1 Commercial Recycling is an open market while Residential Recycling is managed by Indian River County. 3.29. Mobile Home Park shall mean any improved real property divided into spaces for the placement of mobile or modular homes or trailers. 3.30. Multiple Dwelling Units shall mean any building containing five(5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels or motels. 3.31. Person shall mean any and all persons, natural or artificial, including, without limitation, any individual, fine partnership, cooperation, company, association, social club, fraternal organization, church, religious sect, religious denomination, society, organization or league, estate, trust, receiver, executor, administrator, trustee, or syndicate, municipal corporation, municipality, district or county of Florida and Page 5 of 26 143 of 295 any other state; any governmental agency or political subdivision of any state or the federal government, or any other legal entity, and any group or combination of the above acting as a unit. 3.32. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.33. Residential C & D shall mean residential customers may place small amounts of construction and demolition C & D debris resulting from minor home improvement projects in their containers as part of regular residential collection services. 3.34. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive Residential Solid Waste Collection Service. 3.35. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.36. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City. 3.37. Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a Multiple Dwelling Unit. The term also includes individually -owned mobile or modular homes or trailers that: have resident permanent license tags; are erected on a separate parcel of property; are within the Residential Franchise Area or the Residential Recyclables Franchise Area; and do not receive Commercial Collection Service. 3.38. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 3.39. Solid Waste shall mean Sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials are not Solid Waste. 3.40. Solid Waste Disposal Facility shall mean any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.41. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. 3.42. Standard Issue Container all containers, no matter what size, shall be new and shall mean the Page 6 of 26 144 of 295 collection bin issued by the Franchisee for every Residential Customer. All such Containers shall be new and mobile 36-gallon, 64-gallon, or 96-gallon collection bin, as requested by the Customer. Franchisee shall deliver the new Containers to all Residential Customers at the time they start service. For the purpose of the initial term of this Agreement. the Franchisee will initiallv deliver new 96-gallon Containers to all Residential Customers within sixtv (60) days after execution of this Contract. If the standard ninety- six (96) gallon issue container is too large for a customer, the franchisee shall make a reasonable accommodation and issue a smaller size container to the customer within 90 days of the customer's request, at no charge to the customer or City. 3.43. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools equipment and utensils. Trash does not include Garbage or Yard Waste. 3.44. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performance party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, severe lightning, epidemic, war riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes. including. but not limited to, strikes and slowdowns. are not an Uncontrollable Force. 3.45. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon -Containing Devices. 3.46. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, branches, and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement the Franchisee is hereby granted an exclusive franchise and sole authority within the Solid Waste Franchise Area to provide; (a) Residential Solid Waste Collection Service. (b) Commercial Collection Service (excluding commercial business recycling services). 4.1. Recyclables. The collection of residential recyclables is not a part of this Agreement. 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that arc expressly identified and conveyed by the specific term of this Agreement. 4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis Amount of Solid Waste shall be handed and regulated as Solid Waste. Section 5. Title to Solid Waste Page 7 of 26 145 of 295 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, are placed at the Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, or Hazardous Waste that the Franchise Collects. Section 6. Processing and Disposal 6.0. Processing. Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Section 7. Franchise Fee 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected from Commercial Solid Waste customers pursuant to the Franchise granted herein shall be paid to the City, by wire or check, by the Franchisee on or before the fifteenth (15th) day of each month for all commercial customers) by the Franchisee during the immediately preceding month. The Franchise Fee shall be added to the commercial service charge but not separately itemized on the customer's bill. Section 8. Residential Services 8.0. Hours of Residential Service — General. Residential Solid Waste Collection Service shall be Monday through Friday, beginning no earlier than 6:00 a.m., local time and ending no later than 5:00 p.m., local time, unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 41b, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be collected by the Franchisee on any holiday when the Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the weekday following such holiday. 8.2. Frequency of Residential Solid Waste Collection Service — Garbage and Trash. At least one (1) time each week, the Franchisee shall collect Garbage and Trash from those Customers that requested Residential Solid Waste Collection Services. The collections of Garbage and Trash shall be at least three (3) days apart. 8.3. Frequency of Service — Yard Trash. Yard Trash shall be collected from Residential Units receiving Residential Solid Waste Collection Services at least one (1) time per week. Yard Trash shall not be commingled with Garbage. 8.4. Frequency of Service — Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon -Containing Devices placed at the Curbside Collection Point weekly. The customer must call in the bulk pickup request. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. Page 8 of 26 146 of 295 8.5.Obligations of Franchisee to Residential Customers — General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right-of-way, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a customer is physically unable to deliver their Residential Solid Waste to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash including palm fronds do not need to be bundled, bagged, or containerized by the Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and no more than three (3) inches in diameter: less than fifty (50) pounds; shall not exceed four (4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided the sections of the tree are not more than eight (8) feet in length or more than fifty (50) pounds. The Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.5.2. Bulk Trash Obligations. Bulk Trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection. The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point.. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non-subscriber(s) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective or damaged caused by the Franchisee, at the sole discretion of the City, the Franchisee shall replace the Container at no additional cost to the customer. 8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manager The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives prior written authorization by the City Manager. The City Manager's approval of such changes shall not be unreasonably withheld. In the event the City Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its sole expense, notify each affected Customer by mail or other manner approved by the City Manager not less than one (1) week prior to the change. Page 9 of 26 147 of 295 Section 9. Residential Rates and Billing 9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by the Franchisee shall be $19.45 per month as depicted in the rate/proposal schedule attached here to and marked Exhibit "A". The foregoing is the total rate that may be charged by the Franchisee to the City for Residential Solid Waste Collection Services and it shall include all collection costs, disposal costs, and all other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. 9.1. Universal Billing - . The Franchisee will bill all residential units effective July 01, 2023 through September 30, 2024. The Residential Solid Waste Collection Service Rate shall be increased by the 6% Franchise Fee, increasing the total monthly rate to $20.62. The Franchisee will pay one-half (1/2) of the 6% Franchise Fee that it collects to the City on a quarterly basis. The Franchisee will stop service if no payment received within 45 days of invoice date. After September 30, 2024, the Franchisee may continue collection efforts on past -due accounts, providing the Franchisee remits associated franchise fees on subsequent collections of those past -due accounts to the City. The City will bill all residential units effective October 01, 2024, by adding an assessment to the annual property tax bill. The City will reach an agreement with the Tax Collector concerning this matter. The Residential Solid Waste Collection Service Rate shall be increased by the CPI adjustment. 9.2. Payment. The City will be responsible for the billing and collection for the Residential Solid Waste Collection Service beginning October 01, 2024. The City shall make monthly payments in arrears to the Franchisee for the Residential Solid Waste Collection Service. The City reserves the right, with justification, to partially pay any monthly payment. The Franchisee shall be entitled to payment for services rendered irrespective of whether or not the City collects from customers for such service. Payments from the City to the Franchisee will be due and paid no later than twenty (20) days following the month which services were rendered. On or about October 1, 2024, the City shall provide to the Franchisee the estimated total number of Residential Units to be serviced. By November 1st of each Fiscal Year, the City shall provide to the Franchisee a copy of the annual assessment roll providing a detailed listing of all the Residential Units to receive these services. Thereafter and for the duration of the Agreement, the City shall promptly notify the Franchisee of new residential units to be served and/or deleted and payments will be adjusted accordingly. For example, the unit count as of October 31 shall be used to compute the payment for November. The unit count on November 30 shall be used for the payment for December, and so forth. New Residential Units which are added for service during the City's Fiscal Year will be added to the customer service list and payment will be paid by the City to the Franchisee in the Franchisee's monthly payment. New Residential Units, which are added for service during a month, will be added to the customer service list and payment will be rendered the following month. Payment shall not be prorated based upon the day of Certificate of Occupancy nor verification of the beginning of actual service for the first month of service. The payments from the City to the Franchisee for units added by Certificate of Occupancy are paid the first full month following the month in which the Certificate of Occupancy is issued. After the first year of the Agreement, the Residential Unit becomes part of the total number of the subsequent year's total number of units, provided annually to the Franchisee on or before October 1. In the event the Franchisee provides service to Residential Units whose parcel was not included on the annual assessment roll provided by the City, the Franchisee must provide a written list of such Residential Units to the City's Contract Manager within 90 days of receipt of the assessment roll. Upon receipt of such written list by the City, the Contract Manager will verify the customer address and that service to the unit Page 10 of 26 148 of 295 is proper within 30 days, and if proper, shall remit monthly payments to the Franchisee for such service effective as of October I of that Fiscal Year or the date service began, whichever is later. If the City has not received notification within the 90 days by the Franchisee, no adjustments to payment will be made until the next Fiscal Year annual roll is certified for the same units. However, the City reserves the right to correct any errors of omission or commission per the laws and rules that govern the City. In the event the City pays the Franchisee for a Residential Unit in error, for whatever reason, the Franchisee shall notify the Contract Manager. Upon determination of any overpayment, the Contract Manger will verify the error and make appropriate adjustment to the Franchisee's payment to correct the error. Section 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Services within the City. 10.1. Frequency of Collection. Commercial Collection Services shall be provided at least one (1) time per week. In any event, Commercial Collection Services shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3. Commercial Recvcling. Proposer shall develop a commercial recycling program for commercial establishments and businesses, and submit it to the City Manager for acceptance. Proposer will also develop a promotional campaign to encourage businesses located within the City of Sebastian to recycle. The promotional campaign shall be coordinated with the City Manager. The promotional campaign will be promoted through inserts in invoices to current commercial customers, plus announcements at City Council meetings, City website and City TV, and other events. The first three (3) months of commercial recycling will be without charge to the commercial customer provided the customer signs up during the commercial campaign. 10.4. Commercial Containers Required. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition, or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition, or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.5. Non -Conforming Containers Prohibited. The use of any container or receptacle other than a Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.6. Missing Carts. Contract Manager, at its sole discretion, shall decide whether or not a cart is stolen based on a police report. The Franchisee must replace the missing cart. 10.7. Adjacent Areas. If the Franchisee is responsible for Construction and Demolition Debris or other Page 11 of 26 149 of 295 Solid Waste which is cast, blown, or scattered upon any adjacent property, the Franchisee shall remove the debris immediately, or no later than the end of the day on which the activities occurred. Section 11. Commercial Collection Service Rates and Billing 11.0. Rates — General. —The Commercial Collection Service rates set forth in this Agreement are Maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement. 11.1. Rates. All Customers receiving any type of Commercial Collection Service will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate schedule attached hereto marked Exhibit "A". 11.2. Other Charges. The rates for Commercial Collection Service do not include disposal fees, maintenance fees, franchise fees, and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and itemized. 11.2.1. C.L.E.A.N. Program. C.L.E.A.N. Program is a proactive program that takes action against overflowing containers in the commercial areas of the city to promote health, safety, and cleanliness in the city. The franchisees clean program is a proven approach to keeping communities clean, reducing litter, and illegal dumping with the goal of having all customers on the correct level of service. The program will have a zero cost this city with the following provisions: a) Thirty (30) days prior to the commencement of the CLEAN program in the City, Franchisee shall notify each of its Customers that receive or will receive their garbage service by Commercial Container of the implementation of the CLEAN program. For purposes of this section, all notices shall be provided to the address of record provided to the Franchisee. b) Overfilling Commercial Containers present safety and health risks to the residents and businesses of the City. In the event Franchisee determines a Customer's Container is overfilled with waste and or recyclables during a collection event, Franchisee shall take a digital photograph of the overfilled container in such a manner to present evidence of such Overfilling. For purposes of this section, overfilling is defined as a container overloaded such that the lid does not close securely and is displaced by at least ten (10) inches.c) Franchisee shall provide to the Customer, notice of such Overfilling on the Customers next invoice for each event of Overfilling. Franchisee shall charge the customer the amount of two hundred dollars ($200). Overfilling charges shall not exceed eight hundred dollars ($800) per month, per Customer. Franchisee shall take reasonable steps to seek to increase the Customer's level of service by providing a larger container for the Customer and/or by increasing the frequency of service. If the Customer refuses the attempt to correct the Overflowing issue, Franchisee will forward information to the City code enforcement department. Provided that the customer agrees to modify the container size or service frequency to the appropriate level, franchisee will credit the customer two hundred dollars ($200). 11.3. Billing. Billing for Commercial Collection Service shall be the sole responsibility of the Franchisee. Section 12. Adjustment to Rates 12.0. Adjustment to Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted annually to reflect changes in the consumer price index for all consumers for the Southeastern United States, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Page 12 of 26 150 of 295 Labor Statics ("CPI"). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2024, and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect any increase in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase shall exceed three percent (3%) per annum. The Franchisee shall notify the City in writing of increases or decreases that are based on the CPI, as provided in this section, no less than thirty (60) days prior to their implementation. 12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in the law in the future, whether federal, state, or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adjustment Procedures. Should the Franchisee seek an adjustment of any charges established and approved by the Council, other than the CPI Changes in Rates set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and charges which it proposes and a written justification for the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the City with supporting data for review and presentation to City Council. The Council shall make a determination whether the adjustment in charges is necessary and justified under the circumstances provided herein and set forth in Franchisee's justification for rate adjustment. Section 13. General Obligations of Franchisee 13.0. Prohibitions on Biological, Biomedical, and Hazardous Waste. The Franchisee shall not collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not collect any Solid Waste that the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such to the Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County Landfill. 13.1. Spillage. The Franchisee shall not litter, and shall not spill Solid Waste, Recyclable Materials, or Oil Spills anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing of such material is prevented. In the event that any material or liquid spills, blows or leaks from the Franchisee's vehicle, the Franchisee shall immediately clean up the Page 13 of 26 151 of 295 spillage, leakage and litter at no cost to the City or Customer. If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, leakage, or Oil Spills within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of the cleanup, remediation, damages, or roadway replacement shall be the sole responsibility of the Franchisee. 13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant's opinion that the Franchisee has properly calculated and fully paid the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days (120) after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3.Other Reports. Upon request, Franchisee shall also provide the following reports: (a) The total number of residential, the total number of multifamily, and the total number of commercial accounts are being serviced. (b) The number of physically disabled and unable residents that currently have backdoor service. (c) The total number of duplex, triplex, fourplex and multifamily units that are serviced curbside. (d) A list of all multi -dwellings being serviced, with number of units and type of containers for each one, and frequency. (e) An actual count of residential units, multi -dwelling units. A list of commercial, five (5) units, or triplex, and multi -dwelling services with container size and frequency rate. (f) How many commercial compactors are in the entire City and frequency. 13.4. Customer Complaints. Any complaints the Contract Manager receives directly from the customer shall be directed to the Franchisee. If the City receives a complaint regarding the Franchisee service under this agreement, the complaint shall be immediately forwarded to the Franchisee by telephone or email. The Franchisee shall respond to complaints within 24 hours after the Franchisee receives them. When the complaint is received after 12:00 o'clock noon on a Saturday or on a day preceding an approved holiday, the Franchisee shall respond to a complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within 24 hours, by telephone or e- mail, of the action taken to resolve the complaint. 13.5. Record. City shall keep a written record of all complaints it receives regarding the Franchisee service under this Agreement. The Franchisee will report (on a monthly basis) complaints to the City that Franchisee receives directly. The City shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the nature of the complaint, the time and date when a complaint is received, when the Franchisee responded to the complaint, and when the complaint was resolved. The City's records and forms shall be kept up to date and shall be maintained throughout the term of this agreement. Copies of the complaints and form shall be kept at the Contract Manager's office Page 14 of 26 152 of 295 and shall be available for inspection by the Franchisee during normal business hours. 13.6. Notice of Certain Types of Complaints. The Franchisee shall immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about any such matters within three (3) calendar days after the Franchisee receives the complaint. 13.7. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.8. Community Cleanups. The Franchisee shall perform at least two (2) community cleanups within the Residential Solid Waste Franchisee Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the City or to the sponsor. 13.9. Special Community Event Cleanups. In addition to the Community Cleanups, the Franchisee shall perform two (2) annual collection events each for electronics, paper shredding, white goods, electronics, light bulbs, batteries (Universal Waste) and tires. The Franchisee shall select and provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. 13.10. Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch" Program in the City of Sebastian where the Franchisee drivers and workers are trained to look for suspicious activities and emergency situations and report to Law Enforcement what they have seen or heard. 13.11. Collection for City Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four (4) maior Citv-sponsored festivals held annuallv at Riverview Park. The City will dictate the number and types of dumpsters. a. The Franchisee shall provide up to fifty (50) blue sixty four (64) gallon Indian River County recycling carts for use at City parks and at City Hall. City staff will distribute to the appropriate parks and ensure they are placed along the recycling route for pickup. b. Franchisee will provide a recycling dumpster at Barber Street Park in which City staff will deposit recyclables from the recycling carts at City parks. Franchisee will service the dumpster as part of a regular Commercial Recycling Route. If additional City facilities require outside recycling cart service, the City will advise the Franchisee and it will provide carts for the city to distribute. Such facilities will be added to the regular recycling route. 13.12. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. Compactors shall be wrapped Page 15 of 26 153 of 295 with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director. 13.13. Uncontrollable Forces. Neither the City nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non -performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance in compliance with this Agreement will resume. 13.14. Rapid Recovery from Disaster. The clean-up from some natural disasters (including hurricanes) may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written approval from the Contract Manager prior to the work being performed. All such costs may be audited by the City prior to payment. Unless and until the parties reach agreement on extra compensation, the Franchisee shall not be required to perform clean-up from a natural disaster. 13.15. Disaster Response Plan. The Franchisee shall develop and provide to the City a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall establish a reasonable, verifiable basis for any charges. In the event that excess work resulting from a natural disaster is compensable by the Federal Emergency Management Agency, or any other local, state, or federal agency, any compensation to the Franchisee shall be subject to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation requirements and shall provide the necessary documentation for submission of cost reimbursement requests. The Franchisee shall be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel and equipment pursuant to this section. 13.16. Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party is prevented or delayed in the performance of any such obligations by a force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, pandemic, or insurrection, inability to obtain required permits or licenses, hurricanes, and severe floods. 13.17. Indemnification. The Franchisee shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally Page 16 of 26 154 of 295 wrongful conduct of the Franchisee and other persons employed or utilized by the Franchisee in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the Franchisee shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and Franchisee shall pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive the termination of this agreement. 13.18. Contract Changes for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare and for the benefit of the City. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.19. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two (2) or more toll free numbers where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at any time, and for communicating with the City regarding emergency matters. 13.20. Vehicles. Upon execution of this Agreement, Contractor shall order new trucks and such trucks shall be dedicated to servicing the City of Sebastian franchise agreement. At all times the Franchisee shall have a sufficient number of new trucks, new Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put into service within twelve (12) hours of any breakdown or malfunction that can provide similar services to the Franchise area. Vehicles used by the Franchisee in the performance of this agreement shall be clearly identified with the Franchisees name, local phone number, truck number, and tear weight, letters and numbers shall be at least 4 inches high. 13.21. List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the trucks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of the Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or less; or (b) bona fide demonstration trucks and other Collection equipment. 13.22. Condition of Equipment and Vehicles. The City reserves the right to inspect all equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean and sanitary condition and in Page 17 of 26 155 of 295 good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisees shall be in compliance with all applicable laws, including, without limitation, laws concerning noise, air pollution, and Traffic Safety. Should the City determine that the Franchisees equipment does not meet the City's operational and safety standards, the Franchisee shall immediately replace such equipment. At no time during the course of the agreement shall the Franchisees equipment become older than 12 years. 13.23. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. 13.24. STANDARD INSURANCE REOUIREMENTS: Before starting and until acceptance of the work by the City, the Awarded Franchisee shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian, FL 32958 and should reference the operation. Prior to cancellation of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The Successful Franchisee shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an "occurrence" form. B. Business Vehicles: Successful Franchisee shall provide minimum limits of liability of $5,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: • Owned Vehicles • Hired Vehicles • Non -Owned Vehicles C. Umbrella/ Excess Liability: Successful Franchisee shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Franchisee has $2,000,000 General Aggregate under the Commercial General Liability Policy.* Page 18 of 26 156 of 295 D. Workers' Compensation: The Successful Franchisee shall provide and maintain workers' compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Exemption certificates to this requirement are not acceptable. Should the Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that all employees sent to the City of Sebastian MUST be included on that PEO roster. Said policy must include Employers' Liability insurance with limits of no less than: • Each Accident $ 100,000.00 • Disease — Policy Limit $ 500,000.00 • Disease — Each Employee $ 100,000.00 Successful Franchisee shall further ensure that all of its sub -contractors maintain appropriate levels of workers' compensation insurance. Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of insurance as an additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation to the policy. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Franchisee to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project, but such policy may be redacted as necessary. City reserves the right to accept or reject the insurance carrier. 13.25. Damage. The Franchisee including, without limitation, its agents, employees and subcontractors, shall perform all services under this Agreement in such a manner so as to avoid damage to public and private property and shall promptly repair or pay for any such damage in conjunction with its insurance adjustment procedures. Section 14. Administrative Charges to Franchisee for Failure to Perform 14.0 Failure to Pay Franchise Fee. Franchise fee payments received after the fifteenth (15') day of the month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date and after ten (10) days' notice to cure, unless due to an Uncontrollable Force, shall result in termination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to 13.4, applicable terms of this Agreement. Customer service Complaints shall not include Customer informational request or Recycling Container requests. Customer service complaints may include, but are not limited to, the following: 1. Co -mingling Solid Waste with Yard Trash 2. Throwing of Garbage Receptacles Page 19 of 26 157 of 295 3. Failure to collect Solid Waste on schedule 4. Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints received from Residential Solid Waste Collection Service customers exceed any of the following percentage(s) of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year: ComDlaint TvDe Annual % Monthly % Garbage, Trash and Damage 4% 0.5% Yard Trash 2.5% 0.35% The Contract Manager may levy $100.00 administrative charges for each incident exceeding these percentages, on a calendar year or monthly basis as is appropriate. 14.4. Changing Scheduled Collection routes without Approval. Changing scheduled Collection routes without approval will result in a $2000.00 administrative charger per incident. 14.5 Failure to Clean Up Spillage. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative charge per day for each incident until the issue(s) is resolved 14.6 Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90%) complete and is thereafter completed within the first five (5) hours the very next day. 14.7 Other Performance Standards and Administrative Charges. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation: 1. Failure to provide clean, safe, sanitary Collection equipment 2. Failure to maintain office hours as required 3. Operator not licensed 4. Collection Vehicle not licensed 5. Failure to provide documents and reports in a timely and accurate manner 6. Failure to cover materials on Collection vehicle 7. Collection vehicles left standing on street unnecessarily 8. Collection employees out of uniform 9. Not providing schedule and route maps 10. Speeding, upon conviction 11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year 12. Failure to respond to Customer complaints in a timely and appropriate manner 14.9. City Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Payment of Administrative Charges by Franchisee. The Contract Manager shall notify the Page 20 of 26 158 of 295 Franchisee in writing of the City's intent to assess any administrative charges provided under this Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement during the prior month, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10`h) calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. Section 15. Default 15.0 Causes of Default. The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: Filing of Insolvency or Bankruptcy. Franchisee shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re -adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; 2. Failure to Pay Franchise Fees in Violation of Section 14.0 or Administrative Charges in Violation of Section 14.10..; 3. Declaration of Bankruptcy. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; 4. Control by Receiver, Trustee, or Liquidator. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession or control shall continue in effect for a period of sixty days; or Failure to Perform Services under Agreement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of Page 21 of 26 159 of 295 written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). 6. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non -Customers without the prior written approval of the Contract Manager. 15.1. Interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2 Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Franchisee's record of performance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct or cure future defaults, and all of such defaults shall be considered cumulative and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warning letter to Franchisee, setting forth in detail all of the facts and circumstances constituting the determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shall be payable to such date, and Franchisee shall have no further rights under this Agreement. Immediately upon receipt of such final notice, Franchisee shall proceed to cease any further performance under this Agreement. 15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in City's written notice to Franchisee and upon such date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service if Franchisee has defaulted (but excluding circumstances involving Uncontrollable Forces or a Force Majeure Event). 15.4. Termination with or Without Cause. The agreement resulting from this RFP can be terminated within thirty (30) days written notice from the City with cause if Franchisee is found to have failed to materially perform services in a manner satisfactory to the City. The City shall be sole judge of non- performance. Further, the agreement can be terminated by either party without cause upon one -hundred twenty (120) days written notice by either Party. In the event of termination without cause, the Franchisee shall be compensated for all services performed to the City's satisfaction. Page 22 of 26 160 of 295 Section 16. General Provisions 16.0 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Franchisee shall survive the termination or expiration of this Agreement. 16,1, Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy under this Agreement shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 16.3 Governing Law and Venue. This agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to interpret or enforce the Agreement will be held in Indian River County and the Agreement will be interpreted according to the laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute relating to this Agreement. 16.4 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from being void should a provision which of the essence of the Agreement, at the option of the City, be determined to be void. 16.5.1 Assignment of Entire Agreement. No assignment of this Agreement or any right occurring under this Agreement shall be made in whole by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the Franchisee. Upon the date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under this Agreement. 16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this Agreement shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or joint ventures between the Page 23 of 26 161 of 295 parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchisee otherwise. 16.9. Representation of the Franchisee. The Franchisee represents that: (a) it is a corporation duly organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter" of the document. 16.11 Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager, each of whom shall be designated and identified to the other party, in writing, upon execution of this Agreement. Any notice, demand, communication, or request required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: As to the Franchisee: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attention: City Manager Copy to: City Attorney Copy To: Waste Management Inc. of Florida C/O Deborah Perez 4310 77" Street Vero Beach, Fl. 32967 Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 4:30 p.m. or on weekends or holidays, will deemed received on next day that Page 24 of 26 162 of 295 is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 16.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. By: By: Jeanette Williams Paul E. Carlisle Approved by: Franchisee: By Andrew Mai, Interim City Attorney Name/Title: Witness Signature: Print Name: Witness Signature: Print Name: State of Florida, County of The foregoing instrument was acknowledged before me this by as of Company Name on behalf of the same. He/she is personally known to me or has produced Page 25 of 26 (Affix Corporate Seal) day of , a Florida corporation, 163 of 295 as identification. (Notary Seal) Page 26 of 26 Notary Signature Printed Notary Signature Notary Public, State of Commission Number: My Commission Expires: 164 of 295 Exhlbit "A" City of Sebastian - Solid Waste Franchise 6%Franchise Fee excluded In all chases Sebastian Effective 7/1/2023 Commercial Non -Compacted Yardage - Detail Pricing Pickups per Week Size 1 2 3 4 5 6 XPU 2 - Cubic Yard $ 92.84 $ 171.68 $ 250.53 $ 329.37 $ 408.21 $ 487.05 $ 75.00 3 - Cubic Yard $ 139.26 $ 257.53 $ 375.79 $ 494.05 $ 612.32 $ 703.58 $ 80.00 4 - Cubic Yard $ 185,68 $ 343.37 $ 501.05 $ 658.74 $ 816.42 $ 974.11 $ 85.00 6 - Cubic Yard $ 278.53 $ 515,05 $ 751.58 $ 988,11 $ 1,224,64 $ 1.451,16 $ 90.00 8 -Cubic Yard $ 371.37 $ 686.74 $ 1,002.11 $ 1,317,48 $ 1.632.85 $ 1,948,22 $ 95.00 Commercial Compacted Yardage - Detail pricing j Pickups per Week Size 1 2 5 � 6 XPU 2 YD Comp $ 173,00 $ 345.15 S 517.73 $ 690.30 $ 862.88 $ 1.035.45 I $ 75.00 COMMERCIAL SOLID WASTE CART AND ROLLOUT RATE - DETAIL PRICING Pickups per Week Size 1 2 3 4 5 6 XPU 96 Gallon Cart S 35.00 $ 70.00 $ 105.00 S 140.00 $ 175.00 N/A $ 75.00 64 Gallon Cart S 35.00 $ 70.00 $ 105.00 $ 140.00 $ 175.00 NIA $ 75.00 Rollout Service $ 15,00 $ 15.00 $ 15.00 $ 15,00 $ 15,00 NIA $ 15.00 ROLLOFF SOLID WASTE OPEN TOP CONTAINERS - DETAIL PRICING Container svF Pull Rate Service Charge 115 Yard Open TOD $405.00 $142.89 120 Yard Open Top $405.00 $142.69 130 Yard Open Top $405.00 $142.89 140 Yard Open Top $405.00 $142.89 120 Yard or less COMPACTION Containers Per Pull $405.00 $142.89 121 to 40 Yard COMPACTION containers Per Pull $405.00 $142.89 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES ROLLOFF SOLID WASTE COMPACTORS - DETAIL PRICING Container SrZE Pull Rate Service Charge 117 Yard Compactor $405,00 $142.69 120 Yard Compactor $405.00 $142.89 130 Yard Compactor $405.00 $142.89 140 Yard Compactor $405.00 $142.89 (Additional Compactor Sizes not noted above $405.00 $142.89 RESIDENTIAL RATES -DETAIL PRICING Un-Gall Bulk Waste, White Addltonal Cart Garbage 1x Yard Trash 1x Goods Total Quarterly Quarterly Single Family Home + - Curbside $19.45 $0.00 $0.00 $19.45 $ 58.35 NIC j 96 Gallon Cart - Default 1 64 Gallon Cart - Option 1 36 Gallon Cart - Option 1 Multi -Dwelling (five (5) or more Units) - Curbsldo $19.45 $0,00 $0.00 $19.45 $ 58.35 N1C 96 Galion Cart - Default I 64 Gallon Cart - Opton 1 36 Gallon Cart - Option I + Duplex, Triplex, Quadplex Addillonal Cart $85.00 Lost CartlCustomer Abuse Charge I $85.00 Nate: Handicap "backdoor' service at above rates. No addi zonal cost. 165 of 295 415/2023 9:16 AM City of Sebastian Proposal - Exhibit A v2.xlsx Page 1 CrrY OF HOME OF PELICAN ISLAND REQUEST FOR PROPOSALS Reauest For Proposal. # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES EVENT DATE RELEASE DATE: October 21, 2022 PRE -PROPOSAL MEETING (Attendance Mandatory) (2nd Floor Conference Room): Wednesday, November 30, 2022 QUESTIONS DUE DATE/TIME: DUE DATEITIME: 1s'r EVALUATION MEETING: 2ND PRESENTATION/EVALUATION MEETING, if applicable: RECOMMENDATION OF AWARD: City Council Meeting at City Hall 1225 Main Street Sebastian, Florida 32958 Monday, December 5, 2022 Thursday, December 15, 2022 Wednesday, January 4, 2022 To Be Determined Wednesday, February22, 2023 TIME 10:00 AM LOCAL TIME 2:00 PM LOCAL TIME 2:00 PM LOCAL TIME 10:00 AM LOCAL TIME TO BE DETERMINED 6:00 PM LOCAL TIME *The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes. Dates in this schedule may be amended by the City; it is the Proposer's responsibility to check for any changes. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre -bid conference or bid opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. Contact Person Don Wixon Procurement/Contracts Manager Email: dwixon{&cityofsebastian.org 166 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 REOUEST FOR PROPOSAL COVER SHEET REQUEST FOR PROPOSAL # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES PROCUREMENT CONTACT: PROPOSALS TO BE RECEIVED NO LATER Don Wixon, THAN: Thursday, December 15, 2022 by 2:00 P.M., Procurement/Contracts Manager Local Time PHONE NUMBER: (772) 388-8231 E-MAIL: dwixon(mcityofsebastian.ora PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID Mandatory Pre -Bid Mandatory Proposer Name: Address: Citv of Sebastian — City Hall Council Chambers 1225 Main Street Sebastian. FL 32958 Phone Number: Proposals are iron for One -Hundred twenty Days (120)-work days. Yes _ No _ Other Fax Number: E-Mail Address: FEIN Number: If submitting a "NO PROPOSAL," state reason: Proposal packages shall only be mailed or hand -delivered to the Procurement Department, located in the CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Receipt of Proposals shall be officially closed after time and date identified in this proposal. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of Administrative Services will be the official authority for determining late Proposals. One (1) original signed in Blue Ink (MARKED "ORIGINAL"), and five (5) copies, and one (1) electronic PDF copy on Compact disk (CD) or flash drive of all Proposal sheets and required attachments shall be executed and submitted in a sealed envelope. Proposer shall mark Proposal envelope, RFP No. 22-07 — EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES. Proposer's name and return address shall be clearly identified on the outside of the envelope. Authorized Signature Printed Name Title (printed or typed) Date Page 2 of 42 167 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 CHK,K LJ, 77 QF MINIM" RgJ)UIRFQJQ SUBMITTALS This "Standardized Checklist" has been provided to assist the Proposer with the submission of their Proposal package. This Checklist cannot be construed as identifying all required submittal documents for this project. Proposers shall remain responsible for reading the entire Proposal document to ensure they are in compliance. The City, in its sole discretion, SHALL reserve the right to reject any and all Proposals, to waive any and all formalities and reserves the right to disregard all nonconforming, non -responsive or incomplete Proposals. The City specifically reserves the absolute right to determine the seriousness of any Proposer's failure to specifically conform to the requirements of the proposal document. Proposers cannot utilize the City's determination of the seriousness of any specific non-confo—ic...w as a basis to protest the award of any Proposal. Proposals may be considered subject to rejection if, in the sole opinion of the City, there is a serious omission, unauthorized alteration of form, an unauthorized alternate Proposal, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject as non -responsive, any or all Proposals where Proposers fail to acknowledge receipt of Addenda as prescribed. PROPOSAL SUBMITTALSIFORMAT&REQUIREMENTS Proposer has completed, signed (blue ink) and included Request for Proposal Cover Sheet, page 2. Proposer has completed, signed (blue ink) and included the Checklist of Minimum Required Submittals, page 3. Proposer has provided One (1) Original hard -copy Proposal (marked "ORIGINAL"), signed (blue ink), plus one (1) electronic PDF copy on compact disk (CD) or flash drive of the Proposal complete with all supporting documentation. Proposer has provided the Five (5) hard copies of their Proposal (marked "COPY") Proposer submittal is organized (to include all information requested under each tab) in _ d in S ction IV, Proposal Criteria, ,page 25. tabbed ormat asdes�j be fib _ Proposer has con i rtiat t�i proposal reflects all Addenda for this project (all Addenda will be posted to www.vendorlink.com, htta://deniandstar.com and http://www.cityofsebastian.ore_ for notification and retrieval). Proposer has completed, signed (blue ink) and included their Proposal Forms Proposer has provided and signed (blue ink) the Notifications Affidavit stating they recognize and shall comply with the following: Conflict of Interest, No Lobbying, No Collusion, Immigration Laws, Drug -Free Workplace, Public Entity Crimes, Debarment and Suspension, and Scrutinized Vendor, page 41. Proposer completed and included their Reference Form, page 35. Proposer has completed, signed (blue ink) and included their Identical Tie Proposal sheet with signature — (if applicable), pa e 36. i Proposer has signed (blue ink) and included their Proposer's Insurance Requirements Acknowledgement, page 33. Proposer has included a copy of business tax receipt (occupational license) Proposer has completed, included, and Shall comply with the following: Proposer's Disclosure, and E-Verify, and Notifications Forms. All signed in blue ink, pages 38 — 41. Proposer has read, understood, and submitted all required documentation for Proposal evaluation. Proposer will include and describe the collection route schedule and maps, page 20, Section D. Authorized Signature Company Printed Name and Title Included YES [ NO NIA Page 3 of 42 168 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 TABLE OF CONTENTS REQUEST FOR PROPOSAL #22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES SECTION I Page No. Request for Proposal Cover Sheet 2 Checklist of Required Submittals 3 Introduction and Instructions to Proposers 5 Standard Terms & Conditions 6 - 12 Special Conditions/Performance Bond 13 General Terms and Conditions 14 - 15 SECTION II Page No. Background and Current Residential Collection 16 - 17 SECTION III Page No. Scope of Work 18 Minimum Qualifications 18 Residential Service Options 18 - 19 Collection Route Schedule and Maps 20 General 21 - 23 SECTION IV Page No. Evaluation Procedure and Proposal Criteria 24 - 27 SECTION V Page No. Proposal Forms and Required Documentation Forms 28 - 32 Insurance Requirements Acknowledgement Form 33 - 34 Reference Form 35 Identical Tie Proposal Form 36 Addenda Acknowledgement 37 Proposer's Disclosure Form 38 - 39 E-Verify Acknowledgement Form 40 Notifications Affidavit Form 41 Subcontractors Listing Form 42 4 M 42 169 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION 1 INTRODUCTION & INSTRUCTIONS TO PROPOSERS The City of Sebastian (hereinafter referred to as "City") is requesting sealed Proposals for exclusive Solid Waste Services. PROPOSAL DUE DATE & TIME: Thursday. December 15. 2022 at 2:00 P.M. Local Time. Proposal packages shall only be mailed or hand -delivered to the Office of the Procurement Department, located at CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Proposals are to be received NO LATER THAN 2:00 P.M. LOCAL TIME, after which time receipt shall officially be closed. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of the Administrative Services Department will be the official authority for determining late Proposals. NOTE: Proposals will be opened on the same date and time as identified above. The Proposal opening will be conducted in the City of Sebastian City Hall Council Chambers on Thursdav, December 15. 2022 at 2:00 P.M. LOCAL TIME. Only the NAME of the firms who submitted a response to this Request for Proposal will be read aloud. All Proposals must be executed and submitted in a sinele sealed package. Proposer shall mark Proposal package, "RFP No. 22-07 — EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES," Proposer's name and return address should be clearly identified on the outside of the package. Proposer shall submit six (6) complete sets with all supporting documentation: o One (1) hard -copy original (marked "ORIGINAL") and signed in blue ink, plus one (1) electronic PDF copy on compact disk (CD) or flash drive of the Proposal complete with all supporting documentation. o Five (5) hard -copies (marked "COPY") Proposals submitted by facsimile (fax) or electronically via e-mail shall NOT be accepted. Submittal of a Proposal in response to this Request for Proposal constitutes an offer by the Proposer. Proposals, which do not comply with these requirements, may be rejected at the option of the City. It is the Proposer's responsibility to ensure that Proposal submittals are in accordance with all addenda issued. Failure of any Proposer to receive any such addendum or interpretation shall not relieve such Proposer from its terms and requirements. Addenda are available online at http://www.dernandstar.com, www.vendorlink.com and httn://www.citvofsebastian.orp-. Proposals not submitted on the enclosed Proposal Form may be rejected, unless stated otherwise in the Proposal documents. A Mandatory Pre -Proposal meeting will be held on Wednesday. November 30.2022 at 10:00 a.m. Local Time, in the Citv of Sebastian City Hall 2nd Floor Conference Room located at 1225 Main Street. Sebastian. Florida. This mandatory Pre -Proposal meetinp. will allow the Proposer the opportunity to inspect the worksite and brine forward anv auestions concernme this Proposal. For information concerning procedure for responding to this Request for Proposal (RFP), contact Don Wixon, Procurement/Contracts Manager at dwixon(&citvofsebastian.or-, or at (772) 388-8231. Such contact is for clarification purposes only. Material changes, if any, to the Scope of Services, or Proposal procedures will only be transmitted by written addendum. All questions about the meaning or intent of the Proposal Documents shall be submitted in writing and directed to the City of Sebastian 1225 Main Street, Sebastian, Florida 32958, Attention: Don Wixon. Questions can also be sent via e-mail to dwixon ricityofsebastian.org. Proposers are responsible for verifying questions were received by the Procurement contact. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Proposers in submitting their Proposals. Pace 5 of 42 170 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 STANDARD TERMS & CONDITIONS ACCEPTANCE AND REJECTION: The City shall reserve the right to accept or reject any and all Proposals and to accept the Proposal which best serves the interest of the City of Sebastian. The City may award sections individually or collectively whichever is in its best interest. ADDENDUM AND AMENDMENTS TO REOUEST FOR PROPOSAL: If it becomes necessary to revise or amend any part of this Request for Proposal, the City's Procurement Department will post the Addenda information online at http://www.demandstar.com, www.vendorlink.com, and on the City of Sebastian web page hM.L//www.cityofsebastiain.org. ADDITIONAL TERMS & CONDITIONS: No additional terms and conditions included by the Proposer with the Proposal response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this Proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or wan -antics. The City reserves the right to reject Proposals containing any additional terms or conditions not specifically requested in the original terms, conditions and specifications. AWARD: Award will be made to the best responsive and responsible Proposer whose Proposal is determined by the City to be in the best interest of the City. It is most common, not guaranteed, the Proposer who scores the highest number of points will be recommended to City Council. As the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items, "All or None", or any combination thereof; to award to one or more Proposers; to reject any or all Proposals; to waive any minor irregularity in Proposals received; and, at the City's sole discretion, to request a re -Proposal. Notwithstanding the above reservation of rights, the City anticipates making only one award. COMMITTEE MEETINGS & INFORMATION: The Notice of Committee Meetings will be posted within a reasonable time period (generally 24-hours) in advance of such meetings. Proposers are responsible to check the following locations for updates on this Proposal's status: on the bulletin board located in the main lobby of the City Hall building at 1225 Main Street, Sebastian, Florida 32958, at htip://www.demandstar.com, www.vendorlink.com and at the City's Web Page httn:I/www.cityofsebastian.ort . Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation, or answers questions as part of a competitive solicitation is exempt from the Public Meeting requirements in Section 286.011, Florida Statute and Section 24(b), Art. I, Florida Constitution. DEVIATION FROM SPECIFICATIONS: No deviations from the specifications herein shall be allowed. The proposal must be in strict compliance with the specifications and the successful Proposer shall be held accordingly. DISCRIMINATORY VENDOR LIST: An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Proposal for a contract to provide goods or services to a public entity, shall not submit a Proposal on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Proposals for leases of real property to a public entity, shall not award or perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity (Section 287.134(3)(d), Florida Statute). ECONOMY OF PREPARATION: The Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposers' ability to fulfill the requirements of the Proposal. CONE OF SILENCE: A Cone of Silence is hereby imposed and made applicable to this Request for Proposal. The Cone of Silence shall become effective from the time this RFP is released and shall terminate at the time the City Council meets to consider the recommendations as to a final decision regarding award of contract, rejects all responses, or takes other actions that end the procurement process. During the effective time period of the Cone of Silence, any person or entity that submits a Proposal or that will be subject to evaluation under the terms of this RFP F G 142 171 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 with members of the City Council, City Manager, and City staff other than the contact person as listed. Proposers who violate the Cone of Silence shall be automatically disqualified from further consideration. (A) Adherence to procedures which ensure fairness is essential to the maintenance of public confidence in the value and soundness of the important process of public procurement. Therefore, any communication between a bidder, proposer, contractor or protestant (or its employees, agents or representatives) and the City (its members, employees, agents, legal counsel, contractors, or representatives) during the selection process and award is strictly prohibited. Communication shall be prohibited during the following periods: (1) From the date of advertising of the solicitation through award of a contract; and (2) From initiation of a protest of an award or contract through resolution for the parties involved in the protest. (B) EXCLUSIONS: This requirement shall not prohibit: (1) PRE -BID AND PRE -PROPOSAL. MEETINGS: Meetings called or requested by the Procurement/Contracts Manager and attended by bidders or Proposers for the purpose of discussing a solicitation, evaluation or selection process including, but not limited to, substantive aspects of the solicitation document. Such meetings may include, but are not limited to, Pre -Bid or Pre -Proposal meetings, site visits to the City's facilities or property, site visits to bidders' or Proposers' facilities, interviews/negotiation sessions as part of the selection process, and presentations by proposers or submitting firms. Such authorized meetings shall be limited to topics specified by the Procurement/Contracts Manager. (2) Solicitation documents may provide for communications from bidders or Proposers to the designated Procurement/Contracts Manager, or discussion at meetings called or requested by the City pursuant to this subsection. (3) Addressing the City Council regarding non -procurement topics at public meetings. (4) The filing and processing of a written protest to any proposed award to be made pursuant to the solicitation, evaluation and selection process. Protest proceedings shall be limited to open public meetings, with no ex parte communications outside those meetings; (5) Contacts by the City's current contractors but only in regard to: a. any work being performed on City projects unrelated to the solicitation, or b. any City projects under the prohibited ex parte communications for which the current contractors do not intend to submit a response or have not submitted a response to any solicitation documents for those projects; (6) Communications between the Procurement/Contracts Manager, or other City representatives and the bidder or contractor for routine matters arising from ongoing projects or contracts previously awarded; (7) Contacts by bidders and Proposers (actual or potential) and the City regarding other projects unrelated to the purchase for which the bidders or proposers (actual or potential) may intend to submit a response or have submitted a response to any competitive solicitation; (8) Communications between the Procurement/Contracts Manager and Bidders and/or Proposers (actual or potential) for matters regarding pending purchases. Written questions shall be made to the named contact person. (9) Violation of this provision shall be grounds to disqualify the violator from the award of the purchase, void any award to or contract with the violator, and/or temporarily suspend or permanently debar the violator from future contracts with the City. INDEMNIFICATION: The Proposer shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Proposer and other persons employed or utilized by the Proposer in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the Proposer shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and Proposer shall pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. Pane 7 of 42 172 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 INFORMALITIES: The City of Sebastian reserves the right to both waive any informality in Proposals and to determine, in its sole discretion, whether or not informality is minor. INFORMATION AND LITERATURE: Proposers are to famish all information and literature requested. Failure to do so may be cause for rejection. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the Procurement Manager. Interpretations, that may affect the eventual outcome of this Proposal, will be famished in writing to all prospective Proposers. No interpretation shall be considered binding unless provided in writing by the City of Sebastian. PROMPT PAYMENT: Upon acceptance of work by using department of the City, employees and others, the City shall make payment to the Contractor in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor when requested to do so by the City Manager or Procurement/Contracts Manager. All invoices shall be directed to the Accounts Payable Section, City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. PRICING: If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded. PROPOSAL ACKNOWLEDGEMENT: By submitting a Proposal, the Proposer certifies that he/she has full knowledge of the scope, nature, and quality of work to be performed. PROPOSER EXPENSES: No out of scope services shall be provided in the absence of prior, written authorization in the form of a written supplemental agreement and issuance of an appropriate amendment to the contract. The City shall not pay a retainer or similar fee. The City shall not be held responsible for any expenses that a Proposer may incur in preparing and submitting Proposals called for in this request. The City shall not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per diem; travel expenses; and the like, incurred by the Proposer. The City shall not be liable for any costs incurred by the Proposer in connection with any interviews/presentations (i.e., travel, accommodations, etc.). PUBLIC RECORDS: Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), Florida Statute and Section 24(a) Article I of the Florida Constitution until such time as the agency provides a notice of an intended decision or until 30-days after opening the bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from Section 119.07(1), Florida Statute and Section 24(a) of the Florida Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation, or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12-months after the initial agency notice rejecting all bids, proposals or replies. The City is a public agency subject to Chapter 119, Florida Statutes. The Proposer shall comply with Florida's Public Records law. Specifically, the Proposer shall: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Proposer does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Proposer or keep and maintain public records required by the public agency to perform the service. Page 8 0( 42 173 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 If the Proposer transfers all public records to the public agency upon completion of the contract, the Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Proposer keeps and maintains public records upon completion of the contract, the Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5. Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the Proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. The failure of the Proposer to comply with the provisions set forth in this section shall constitute a material breach of Agreement and shall be cause for immediate termination of the Agreement. If the Proposer has questions regarding the application of Chapter 119 Florida Statutes, to the contractor' duty to provide public records relating to this contract, contact the custodian of public records at the City of Sebastian located at 1225 Main Street Sebastian, Florida; 772-388-8215, or iwilliams rr,citvofsebastian.ore. OUANTITIES: The City reserves the right, in its sole discretion, to increase or decrease total quantities as it deems necessary. Quantities listed on proposal sheet(s) identify anticipated award amounts. REOUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The Proposer shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates financial resources as well as the ability to provide and maintain the services requested. The City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation of service personnel. REOUEST FOR MODIFICATION: The City reserves the right to negotiate a final agreement with the top -ranked Proposer to more fully meet the needs of the City. RECOMMENDATION OF AWARD INFORMATION: The Notice of Consideration for Award for Proposals will be posted in advance of such award. Proposers are responsible to check the following locations for updates on this proposal's status: on the bulletin board located in the main lobby of the City Hall building at 1225 Main Street, Sebastian, Florida 32958; at httD://ww_w.demandstar.com. www.vendorlink.com and through the City's Web Page http://www,cityofsebastian.ora. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers who do not have Internet access may request a copy of the tabulation by contacting the Procurement Department, RESPONSIBLE PROPOSAL: A Proposer, business entity or individual who is capable to meet all of the requirements of the solicitation and subsequent contract is defined as a Responsible Proposal. The offer must demonstrate that they possess the full capability, including financial and technical, to perform as contractually required and must fully document the ability to provide good faith performance. RESPONSIVE PROPOSAL: A Responsive Proposal is a Proposer, business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the RFP and all of its requirements, including all form and substance. TAX EXEMPTIONS: The City of Sebastian is exempt from paying Florida sales and use taxes on goods and services purchased by the City. Proposers doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City unless an exemption is available to the Proposer, nor shall any Proposer be authorized to use the City's Tax Exemption Number in securing such materials. Page 9 of 42 174 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 TIME FOR CONSIDERATIONS: Proposals will be irrevocable after the time and date set for the opening of Proposals and for a period of one -hundred twentv (120) days thereafter. TRADE SECRETS: Proposers should not send trade secrets. If, however, trade secrets are claimed by any Proposer they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a Respondent fails to submit a claim of trade secrets to the City before obtaining the City's agreement, any subsequently -claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information (F.S. 119.01). CONFLICT OF INTEREST: The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. NO LOBBYING: All Proposers and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for proposals, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disnualification from the selection process. The selection process is not considered final until such time as the Citv. Mavor, and Citv Council have made a final and conclusive determination. NO COLLUSION: Proposer and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached RFP, and of all pertinent circumstances respecting the provision of the goods or services to the City, the Proposal, or offer being made is genuine and is not collusive or a sham. By submitting a Proposal to this RFP. Proposer certifies that all information contained in the Proposal is truthful to the best of their knowledte and belief. Proposer further certifies. under oath, that this Proposal is made without anv colluded, conspired, connived or agreed, directiv or indirectly, with anv other firm, person or corporation responding to this solicitation for the same product or service. Proposer further certifies that Proposer has not divulged discussed, or compared this Proposal with other Proposals and has not colluded with any other Proposer or parties to a Proposal. Any violation of this provision will result in the cancellation and/or return of Proposal's materials (as applicable) and the removal of Proposal from the list(s). ]IMMIGRATION LAWS: The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in solicitation documents. Pane 10 of 42 175 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 DRUG -FREE WORKPLACE: In accordance with Florida Statute Section 287.087, Proposer certifies the following: 1. A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 2. Employees are informed about the dangers of drug abuse in the work place, the Proposer's policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 3. Employees are notified that as a condition of working on the commodities or contractual services being solicited, they will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. 4. The Proposer/employer imposes a sanction, or requires 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. 5. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. PUBLIC ENTITY CRIMES: 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, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "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. "Affiliate" as defined in Paragranh 287.133 (1) (a). Florida Statutes. means: (1) A predecessor or successor of a person or a corporation 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, or (3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. PROPOSER CERTIFIES THAT NEITHER THE ENTITY PROPOSING, NOR ANY OF ITS 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. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENT ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. DEBARMENT AND SUSPENSION: Proposer certifies to the best of its knowledse and belief that it and its Drincinals: 1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this application been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; F r,-ie 11 of 42 176 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. SCRUTINIZED COMPANIES: Proposer certifies under penalties of neriurv. as of the date of this solicitation to provide Goods and/or services to the City. that it complies with: 1.12.1. Does not participate in a boycott of Israel; and 1.12.1. Is not on the Scrutinized Companies that Boycott Israel List; and 1.12.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 1.12.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 1.12.4. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Proposer of the City's determination concerning the false certification. The Contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer determines, using credible information available to the public, that a false certification has been submitted by Proposer, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of proposing on, proposing a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, Florida Statute, or are engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria. F.-.rj- 12 cf 42 177 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SPECIAL CONDITIONS PERFORMANCE BONDS: When the successful Proposer delivers the executed Agreement to City, it shall be accompanied by the required Bonds, Insurance Certificates and Endorsements. The Proposer shall furnish a Performance Bond, in an amount equal to 50% of their proposed Residential Rate — Category 1 times the total number of Residential Households, annually adjusted each October 1" thereafter, as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date of final payment, except as otherwise provided by law. State of Florida Bondine Requirements: 1. The surety (bonding) company must be licensed to conduct business in the State of Florida and show proof thereof. 2. The surety (bonding) company must hold a current certificate authorizing them to conduct business in the State and show proof thereof. 3. The surety has twice the minimum surplus and capital required by the Florida Insurance Code; and show proof thereof. 4. The surety (bonding) company is in compliance with the Florida Insurance Code; and show proof thereof. 5. The surety (bonding) company holds a valid certificate of authority issued by the U.S. Department of Treasury and show proof thereof. 6. Those copies of all documents that the surety (bonding) company provided are certified. 7. Each surety, (bonding company) provide proof that it is listed in the current issue of the Federal Registry, Department Circular 570, Department of the Treasury, of "Companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds as Acceptable Reinsuring Companies". Sureties may also provide proof that they are authorized to transact insurance business in the State of Florida and in addition thereto, they may provide a copy of their current, audited, annual statement indicating their current financial condition. Paae 13 of 42 178 of 295 Exclusive Curbslde Solid Waste Services RFP # 22-07 GENERAL TERMS AND CONDITIONS CORRECTIONS. CANCELLATION. & WITHDRAWAL: Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. WAIVER OF TECHNICALITY AND WAIVER OF IRREGULARITIES: Information shall not be considered after the solicitation opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. THE CITY MAY WAIVE ANY INFORMALITY, TECHNICALITY, OR IRREGULARITY ON ANY PROPOSAL, IN ITS SOLE DISCRETION. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. a. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. b. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFP its entirety prior to award in its sole discretion. c. Withdrawal: Prior to any published proposal opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. d. Amending Proposal: Prior to the published Solicitation Opening date and time, a Proposer may amend their Proposal provided that it is in writing, in a sealed envelope, and identified. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. The Proposer (s) who is selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. SUBCONTRACTORS AND EMPLOYEES: The Proposer is reauired to identifv anv and all Sub -consultants that will be used in the performance of the nronosed Agreement and to clearlv identifv in their Proposal the percentages of Work to be performed by their Sub -consultants. Identify on page 42. DELETION OR MODIFICATION OF SERVICES: The City reserves the right to delete, increase, or modify any portion of the contracted services at any time without cause, and if such right is exercised by the City, the total costs shall be adjusted at the same ratio as the estimated costs of the Services. AVAILABILITY OF FUNDS: The obligations of the City under this award are subject to the availability of funds lawfully appropriated for its purpose by the City of Sebastian City Council. COUNCIL MEETING: The Proposer must be available to attend City Council meetings, when required. The Proposer must be prepared to answer any questions and/or provide a presentation, if requested, by City Council and/or by an authorized City representative(s). The awarded Proposer is not required to attend the City Council meeting for the approval of the rankings, but attendance is recommended, and welcome. The date and time of the City Council meeting will be publicly noticed. NOTICE TO PROCEED: The Proposer shall not commence any Work, nor enter a Worksite, until a written Notice to Proceed (NTP) directing the awarded Proposer to proceed with the Work has been issued by the City; provided that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this RFP and resulting Contract. TERMINATION WITH OR WITHOUT CAUSE: The agreement resulting from this RFP can be terminated within thirty (30) days written notice from the City with cause if Proposer is found to have failed to perform services in a manner satisfactory to the City. The City shall be sole judge of non-performance. Further, the agreement can be terminated by either party without cause upon one -hundred twenty (120) days written notice by either Party. In the event of termination without cause, the Proposer shall be compensated for all services performed to the City's satisfaction. P^ae 14 of 42 179 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 DISCRIMINATION: The Proposer shall not practice or condone personnel, or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Proposers shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. PROTEST PROCEDURE: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file a timely formal written Protest within the time specified shall constitute a waiver by the Proposer of all rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature of the grievance and the grounds upon which any relief, modification or change is based Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest. The Procurement/Contracts Manager shall issue a decision in writing within seven (7) calendar days to the protestor and any other party determined by the Procurement/Contracts Manager to be directly affected by the decision. The decision shall: A. State the decision and the basis for the decision, and B. Set forth the protestor's right to administrative review by the City Manager. Administrative Review — If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided written notice of such appeal shall be submitted to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision. Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City in its sole discretion and that the decision is final. END OF SECTION I Page 15 of 42 180 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION II BACKGROUND: The City's current exclusive franchise agreement with Waste Management includes exclusive collection of solid waste, yard waste, bulk waste, electronic waste, white goods, tires and commercial solid waste. Collection of commercial and residential recycling materials is outside the scope of the existing franchise agreement, as this is currently under a County -wide contract or is open market. As of March 15, 2022, the City has approximately 8,300 active residential accounts. Each account has a minimum of 1 (one) solid waste container. Current residential collection service includes the followine: • Twice per week collection of solid waste in Franchisee containers. • Once per week collection of yard waste. • On -call collection of white goods. (bulk waste). • Residential Solid Waste shall not be collected by the Franchisee on Sundays, or the holidays of Memorial Day, July 4 h, Labor Day Thanksgiving Day, Christmas Day or New Year's Day unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be collected by the Franchisee on any holiday when the County Landfill is closed. If the Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste (other than Yard Waste) on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. If yard trash is scheduled to be collected on Memorial Day, July 4a`, Labor Day, Thanksgiving Day, or on a holiday when the County Landfill is closed, collection will not occur that day and Franchisee shall instead collect Yard Trash on the next regularly scheduled collection day. If Yard Trash is scheduled to be collected on Christmas Day and New Year's Day, then Franchisee shall instead collect Yard Trash on the Saturday after Christmas Day and New Year's Day. • Residential collection begins no earlier than 7:00 AM and ceases no later than 6:00 PM. Current Multi -dwelling collection service includes the following,: • Automated collection of solid waste, from contractor -provided and maintained containers, at a frequency of no less than twice per week. Current dumnster use includes the following: • Waste Management provides and services 20-yard dumpsters and above. All dumpsters less than 20 yards can be provided and serviced by another waste collection services company. Current commercial collection service includes the following: • Automated collection of solid waste in contractor -provided and maintained containers, at a frequency negotiated between the contractor and customer. • Commercial collection begins no earlier than 7:00 AM and ceases no later than 5:00 PM. Current municipal collection services include the following: • Twice per week collection of solid waste in Contractor -provided and maintained containers at all City locations at no charge to the City. • Collection of solid waste at 36 public locations and following approximately three (3) scheduled City -sponsored communities clean up events at no additional charge. • The City of Sebastian provides, maintains and empties all garbage in City Parks. The current billing process is as follows: • Account activation, termination, monthly billing, and collection of payment are entirely handled by the Contractor. • All account information is maintained by the Franchise. • Universal: If the City should choose Universal, the City would send out the first invoice, then future invoicing would go on the tax bill P;,ri- 16 c.f 42 181 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 The current solid waste container nrocess is as follows: • Account activation, delinquency, or termination is executed by the Franchise. • Each account activation requires a minimum of 1 (one) solid waste container provided by the Contractor. • The Contractor maintains on -hand container inventory adequate for serving new accounts, replacements, and maintenance. • Solid waste container cleaning is the responsibility of the customer while in their possession; however, containers obtained through delinquency or account termination are cleaned by the Contractor. END OF SECTION II Page 17 of 42 182 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION IH SCOPE OF WORK: The City of Sebastian is requesting Proposals from collectors for award of an Exclusive Franchise Agreement to provide collection and transport services for automated single-family, duplexes and multi- dwelling residential solid waste, yard waste, bulk waste, white goods, ; and, for commercial solid waste collected in individual containers, front -load containers/bins, and compactors citywide. The Collector shall comply with all federal, state, and local requirements and shall acquire and maintain all required permits and licenses. All Solid Waste containers (dumpsters, wheel -out, front end load business containers/multi-family, front end load compactors, open top, etc.) for each service option shall be provided in the Proposal. All solid waste containers shall be provided, owned and maintained by the Proposer, and shall include customer service information such as a name of company and phone number. THIS SECTION DESCRIBES THE PRIMARY SERVICES TO BE PROVIDED BY THE SELECTED COLLECTOR COLLECTORS SHALL SUBMIT, WITH THEIR PROPOSAL, A DRAFT FRANCHISE AGREEMENT FOR REVIEW BY CITY STAFF. A. NIINIIVIUM QUALIFICATIONS OF COLLECTOR. - The Citv is seeking Collectors with the following experience: 1. Proposer has a minimum of eight (8) years of experience providing solid waste collection services in Florida. 2. Proposer has provided exclusive residential collection service, including solid waste, yard waste, bulk waste, white goods, electronic waste, light bulbs, and tires, to at least two (2) local government jurisdictions, one of which was located in Florida, with a minimum residential population of 30,000 within the past eight (8) years. 3. Proposer is currently servicing a minimum of one (1) residential collection contract having a minimum of 10,000 curbside residential units. 4. Proposer satisfactorily meets all other requirements of the RFP. AGREEMENT TERNLRENEWAL AND FRANCHISE FEE: The City intends to award an initial seven (7) year contract to the successful Proposer commencing on July 1, 2023, terminating on August 31, 2030 with an option to renew for one (1) additional five (5)-year term based upon mutual consent of both parties. The Proposer shall provide a Franchise Fee based on gross revenues collected pursuant to the Franchise granted herein. The Franchise Fee shall be paid to the City, by wire or check, on or before the fifteenth (15th) day of each month for all services collected (for all residential, multi -dwelling and commercial customers) by the Franchisee during the preceding month. RESIDENTIAL SERVICE OPTIONS: The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, etc. Proposer shall provide one (1) new wheel -out solid waste container having an approximate capacity of 36-gallons, 64-gallons, or 96-gallons as specified by the resident. Residents shall be permitted to request additional containers. The containers shall be owned by the Proposer. The Proposer shall provide wheel -out solid waste container service from single-family residences for residents who are physically disabled (approximately forty (40) homes) and unable, and have no other means, to place their containers, bulk waste, white goods, at the collection point. In addition, all proposals must thoroughly describe the Proposer's customer service functions and the billing functions used with the subscription options. All homes, etc. shall receive new containers. 1. Category 1 — Subscrintion Pronosal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 2. Category 2 — Subscrintion Pronosal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. F',n,18of42 183 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 3. Cateeory 3 — Universal Pronosal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 4. Cateeory 4 — Universal Pronosal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. B. DUPLEX & FOURPLEX OPTIONS (five (5) or less units): The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. In all Proposals that utilize wheel -out containers. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, etc. Proposer shall provide solid waste wheel -out containers having an approximate capacity of 36-gallons, 64-gallons, 96-gallons, as specified by the owner. Residents shall be permitted to request additional containers. The containers will be owned by the Proposer. The Proposer shall provide wheel -out solid waste containers service for residents who are physically disabled and unable, and have no other means, to place their containers, bulk waste, white goods at the collection point. In addition, all proposals must thoroughly describe the Proposer's customer service functions and the billing functions used with the subscription options. 1. Category 1 — Subscription Pronosal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. 2. Category 2 — Subscription Pronosal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. 3. Cateeory 3 — Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. 4. Cateeory 4 — Universal Proposal: Proposer will provide one (lX) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, and white goods. C. MULTI -DWELLING SERVICE OPTIONS (six (6) or more units): The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, wheel -out solid waste container service from multi -dwelling residents for residences, etc. All Solid Waste containers for each category shall be provided by the Contractor. The containers will be owned by the Proposer. Proposer shall locate dumpsters at a point designated by the hauler in consultation with the customers. In addition, all proposals must thoroughly describe the Proposers customer service functions and the billing functions used with the subscription options. 1. Category 1 — Subscription Pronosal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 2. Category 2 — Subscription Pronosal: Proposer will provide once (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. 3. Category 3 — Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. f': a 19 of 42 184 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 5. Category 4 — Universal Proaosal: Proposer will provide once (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods. D. COLLECTION ROUTE SCHEDULE AND MAPS: 1. Proposer shall include a proposed route schedule and map for all residential services Proposals. 2. Proposer shall describe the collection route schedule and maps. 3. A new company can start with preliminary maps but shall be required to submit final maps within three (3) months of contract execution. E. CITY FACILITY SERVICE: 1. The Proposer shall provide, at no cost to the City, collection of solid waste and recycling which is generated at property owned, leased, rented, and controlled by the City. 2. The Proposer shall provide all bins, containers, dumpsters, compactors, and roll -off containers necessary to provide these facilities solid waste and recycling services at no additional cost. A list of Citv facilities collection locations is available in Attachment 1. Proposer shall also provide service to any new City facilities added after the publication of this Request for Proposals. 3. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. Compactors shall be wrapped with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director. 4. Special Event Cleanuus. In addition to the Community Cleanups, the Franchisee shall perform two (2) annual collection events each for electronics, paper shredding, white goods, electronics, light bulbs, batteries (Universal Waste) and tires. 5. The Proposer shall provide up to fifty (50) blue 64-gallon Indian River County recycling carts for use at City parks and at City Hall. City staff will distribute and service the carts. Proposer will provide a recycling dumpster at Barber Street Park in which City staff will deposit recyclables from the recycling carts at City parks. Proposer will service the dumpster as part of a regular commercial recycling route. If additional City facilities require outside recycling cart service, the City will advise the Proposer and it will provide carts for the City to distribute. Such facilities will be added to a regular recycling route. 6. City Annual Events. The Proposer shall provide, at no cost to the City, the containers and collection of solid waste and recycling which is generated at four (4) City annual events: Independence Day Celebration held in July at Riverview Park with an attendance of approximately five thousand (5,000); Sebastian Clambake held in November at Riverview Park with an attendance of approximately five thousand (5,000), and the Shrimp Fest held in March with an attendance of approximately five thousand (5,000). Communitv Cleanups. The Franchisee shall perform at least two (2) community cleanups within the Residential Solid Waste Franchisee Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. F. COMMERCIAL. SERVICE: 1. Commercial solid waste collection shall be provided in the most efficient manner not less than twice (1X) per week and at a greater frequency if required to protect the public health. If collection is more than once per day, the Collector may charge customer for extra collection. Proposals must thoroughly describe the Proposer's customer service functions and the billing functions. Pnoe 20 of 42 185 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 2. The containers shall include the company's name and customer service information such as a phone number. All Solid Waste containers shall be provided by the Contractor. The containers will be owned and maintained by the Proposer. G. YARD WASTE SERVICE: Yard waste collection shall be provided not less than one (1) time per week There will be a four (4) yard limit and no requirement to bundle the yard waste that will be collected from each residence. ,All Yard Trash including palm fronds do not need to be bundled, bagged, or containerized by the Customer. AllYard Trash must be: separated from Garbage. Trash. and Bulk Trash: no more thanfour Mfeet in lend and no more than three (3) inches in diameter. less than fifty (591 nounds: shall nA exceed four U cubic vards ner collection and shall be placed neatly at the Curbside Collection Point by the Customer. Natural Christmas trees will be collected as Yard Trash. provided the sections of the tree are not more than eight ($) feet in length or more than fifty (50) pounds. The Franchisee shall not c:o- mingle Yard'lYashand other>Gypes of Solid Waste in the Franchisee's Collection vehicles. H. BULK WASTE. WHITE GOODS. ELECTRONIC WASTE AND TIRES: 1. Proposer shall provide on -call curbside collection of bulk waste (including move -out piles on all public right -of way), white goods, and electronic waste, light bulbs, batteries, and tires. Proposer shall process and dispose of all bulk waste and white goods in accordance with all applicable laws. 2. Services shall be provided to all residential premises, including multi -dwelling residences, at no additional cost to the residents or City. Notwithstanding, Proposer may charge for Freon removal from Freon - containing appliances. 3. Proposer shall ensure nick -up of bulk waste. and white eoods. within three (3) business days of the "on - call" reauest from the address by which the bulk waste, white goods, electronic waste and/or tires was set out or reported by a resident. I. CONSTRUCTION AND DEMOLITION DEBRIS SERVICES: 1. Proposer has the right, but not the exclusive right, to collect construction and demolition debris. The collection of construction and demolition debris shall be performed in conformance with all standards adopted by the City Council by ordinance or resolution. 2. Proposer may provide these services at competitive rates that shall not be controlled by this Exclusive Franchise Agreement. 3. Residential customers may place small amounts of construction and demolition (C&D) debris resulting from minor home improvement projects in their containers as part of regular residential collection service. J. HAZARDOUS WASTE NOTIFICATIONS AND PROCEDURES: 1. The collection, transportation and disposal of hazardous waste designated by OSHA in accordance with 40 CFR 261 and any materials specified in 40 CFR Part 262 is specifically beyond this scope of work. Proposer and City shall take all reasonable steps necessary to prevent hazardous waste from being collected, transported, or disposed of by Propose. 2. Proposer shall provide a tag to be attached to any containers containing hazardous waste items and shall keep a record of all residents who have received a tag. The tag shall notify the resident where the waste items contained therein may be properly disposed. 3. Proposer shall notify all agencies with jurisdiction, including local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of hazardous waste, found or observed by Proposer anywhere within the City, including on, in, under or about City owned -property and City waste containers. In addition to other required notifications, if Proposer observes any substances which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on City -owned property, including but not limited to streets in the City, storm drains, or public rights of way, Proposer also shall immediately notify the City. Page 21 of 42 186 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 4. Proposer shall not be responsible for collection and disposal services for bio-hazardous waste, biological waste, hazardous waste, sludge, and special waste. However, to the extent qualified and licensed, Proposer may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Proposer shall directly bill such persons and entities for such services at a rate mutually agreed on between Proposer and such persons and entities. K EMERGENCY RESPONSE: 1. The City SHALL reserve the right to negotiate with the awarded Proposer for collection of emergency/natural disaster debris. The City agrees that it shall pay the Proposer for such additional services in an amount mutually agreed upon by the City and the Proposer, provided the City has authorized such work in advance and documented in a manner that meets State and FEMA requirements to qualify for reimbursement. 2. Nothing in this agreement shall exclude the City from using its own workforce and equipment, or other Proposers, for removal of debris or solid waste after such disaster event. L. CONTAINERS FOR RESIDENTUL SERVICES: 1. Proposer shall provide at, its own cost and expense, the initial residential containers and any replacement containers to all residential premises. 2. All residential accounts shall receive one (1) standard solid waste container having an approximate capacity of 36-gallons, 64-gallons, or 96-gallons as specified by the resident. 3. All residential containers provided by Proposer shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. 4. Repairs to residential containers for damage caused by ordinary wear and tear by the residents or by Proposer shall be the responsibility of Proposer. These repairs include replacement of wheels, lids, hinges, axles, and handles. Proposer shall have the right to charge residents for residential containers damaged through willful or intentional abuse or misuse. 5. In the event delivered solid waste containers are lost, stolen, damaged or destroyed, not through the willful or intentional abuse or misuse of resident, Proposer shall deliver to the resident (a) replacement container(s) within one week of request at no charge to the resident. The Contract Manager shall be the sole deciding factor in all cases; however, the contractor should just replace the container. 6. All containers shall include the comnanv name and a shone number to reach customer service. M. RESIDENTIAL BILLING: 1. Proposer shall be expected to perform billing services under the awarded contract for subscription service. Proposer shall describe their policies and procedures to be used for billing services. 2. Proposer shall include a complete description of proposed procedures to address efforts to be taken in the pursuit of non -payments of amounts billed. N. TRANSITION PLAN: 1. Proposer shall describe its proposed strategies to ensure a smooth transition from current contractor to the successful Proposer.. 2. The proposed transition plan is of critical importance to the City. In the transition plan, Proposer must describe the following: i. Proposed transition plan must meet or exceed the level of service for solid waste services currently provided. ii. Individual or group of individuals that will oversee the execution of the transition plan. Page 22 of 42 187 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 iii. Proposed approach, including equipment, personnel, and schedule, for delivering containers to residential and commercial customers. Also describe how the delivery of the containers will be conducted in coordination with removing existing carts and preventing their continued use. iv. Overall time schedule for the transition. O. VALUE ADDED ELEMENTS: City desires a partnership that will support sustainability, education and community building initiatives. Proposer shall provide a description of the initiatives they can offer the City with their proposal. Proposers will provide a written response to the following items: 1. Green/Environmentally friendly initiatives -both related to internal operations and external service provisions. 2. Public Outreach/Communication/Education — include a marketing plan with schedule for outreach, including strategies for community -wide reduction of single stream recycling contamination. 3. Examples of past community improvement and engagement events and proposals for the City of Sebastian. P. GENERAL: 1. Appointment of Key Contact/Project Manager. The Successful Proposer will appoint one of their employees as the key contact, subject to approval by the City's Project Manager. 2. It is the City's belief that the service required is adequately described herein. Therefore, any negotiated contract, which may result from this RFP, will include the entire effort required of the Proposer to provide the service described. END OF SECTION III Pnge 23 of 42 188 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION IV EVALUATION PROCEDURE: Written Proposals will be subject to a review and evaluation process. It is the intent of the City that all Proposers responding to this RFP, who meet the requirements, will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible Proposals received in its evaluation and award process. For evaluation purposes, the term "Responsible" means: A business entity or individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perform as contractually required and be able to fully document the ability to provide good faith performance. Proposals shall include all of the information solicited in this RFP which are pertinent to the understanding and evaluating of the Proposal. Proposers will provide their best price and cost analysis and should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer will be ranked based on the criteria herein addressed. An adjective -based scoring system shall be applied to the non -price factors throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews (if requested). A score of 0 is the least favorable and a score of 5 is the most favorable in all sections. The Propoeser's response will be scored by Committee members in accordance with the following scale: DESCRIPTION: 0 = No information provided for the specific criteria. Proposer failed to address the criteria. No documentation was provided. 1 = "Poor": Proposal is lacking or inadequate in most basic requirements for the specific criteria. 2 = "Below Average": Proposal meets many of the basic requirements for the specific criteria, but is lacking in some essential aspects. 3 = "Average": Proposal adequately meets the minimum requirements of the specific criteria, and is generally capable of meeting the City's needs. 4 = "Above Average": Proposal more than adequately meets the minimum requirements of the specific criteria and exceeds those requirements in some respect. 5 = "Excellent": Proposal exceeds the minimum requirements in most aspects of the specific criteria. NOTE: The Committee member's score will then be multiplied by the "weighted value" assigned to the different sections to be scored to equal the total score for that section. (EXAMPLE: The maximum score of 5 multiplied by a weighted value of 2 will equal 10-points for that section). Proposers submitting the required criteria will have their Proposals evaluated by an evaluation committee and scored for the non -price factors to include technical response, qualifications and experience. Weights for cost will not be assigned by the evaluation committee. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more Proposer submittals may be conducted. This request for clarification may be performed by the City in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a Proposer's submittal. After written clarification or oral interviews are completed. the Committee members will have an opportunity to revise their individual scores for the non -price factors. F^cie 24 M 42 189 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 PROPOSAL CRITERIA.: Proposers shall include the following information in their submittal document: • Sections should be tabbed and labeled; pages should be sequentially numbered at the bottom of the page. • Organize the submittals in the format outlined below. • Submittals should be concise and provide only the information requested. Additional data will not be considered. Title Pate: (Non -scored): Title Page shall show the RFP's subject, title and Proposal number; the fi m's name; the name, address and telephone number of a contact person; and the date of the Proposal. Tab 1— Transmittal Letter: (Non -scored): The response shall contain a cover letter signed in blue ink by a person who is authorized to commit the Proposer to perform the work included in the proposal and should identify all materials and enclosures being forwarded in response to the RFP. Tab 2 — Completed Forms: (Non -scored): • Proposer's Information Form (page 2) • Check List of Submittal Requirements (page 3) Tab 3 — Table of Contents: (Non -scored): The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. Tab 4 — Summary of Oualifications: (score x weighted (5 x 2 = max) value of 2 = maximum 10 points): • Provide evidence of a minimum of eight (8) years' experience providing solid waste collection services in Florida; • Provide evidence of having exclusive residential collection service including solid waste, yard waste, bulk waste, white goods, electronic waste and tires, to at least two (2) local government jurisdictions, one of which was located in Florida, with a minimum residential population of 30,000 within the past eight (8) years; • Provide evidence of having exclusive commercial collection service to at least two (2) local governments within the past eight (8) years, one of which was located in Florida; • Provide a brief discussion about Proposer's business history and current purpose/function in the marketplace; • Indicate specifically the members of the firm who will have primary responsibility for the City's contract and provide a brief resume for each. Also indicate all key individuals, and their tasks and/or areas of expertise. Tab 5 — Proiect Approach / Methodology: (score x weighted (5 x 3 = max) value of 3 = maximum 15 points): • Provide a proposed route schedule and map for residential services; • Provide a detailed description of how your collection route schedule shall run; include maps; • Describe in concept your approach to multi -dwelling residential unit collection of solid waste; • Provide your procedure for tagging of hazardous waste; include your process to notify citizens; • Provide your procedure for notifying applicable government agencies of reportable quantities of hazardous waste found or observed by you anywhere within the City; including on, in, under or about City -owned property and City waste containers; • Describe in detail your process to transition billing from the current provider to your company: provide your process for non-payment procedures; • Provide a list of standard reports that will be available to the City; • Provide your response to the Value Added Elements; • Provide a thorough and complete list of all equipment that shall be used to service the City of Sebastian. This equipment list shall include the equipment name, specifications, year and mileage. Pane 25 of 42 190 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 Tab 6 — Transition Plan: (score x weiahted (5 x 8 = max) value of 8 = maximum 40 points): ■ Describe in detail vour transition elan. At a minimum. include the following: o Your proposed strategy to ensure a smooth transition; o Your strategy to meet or exceed the current level of service; o Identify the group of individuals who will oversee the execution of the transition phin3 provide a brief resume for each; o Identify equipment, personnel and schedule for delivering containers to all residents; o Describe how the delivery of containers will be conducted in coordination with removal or use of existing carts used by residents; o Provide a timeline for the transition; o Acknowledge that you will take ownership of all City -owned containers. Tab 7- Proposed Cost: (maximum 35 ooints): All costs associated with delivering_ the reauested services shall be detailed in the format requested on naves 29 throueh 30. ■ Subscription Category:— Proposal plus sum of all other groups (residential, multi -dwelling, duplex/fourplex, and commercial) ■ Universal Category:— Proposal plus sum of all other groups (residential, multi -dwelling, duplex/fourplex, and commercial). If the City chooses Universal, the City would send out the first invoice, then future invoicing would possibly go on the tax bill. Points for cost will be considered separately for each of the two categories (subscription or universal proposal) so City staff can recommend the category and Proposer that best meet the needs of the City. Calculation of points for cost will be completed as described in the following EXAMPLE for each category. Lowest Cost Proposed with a weighted multiplier of 35% of an available 100% total value (35-points): PROPOSAL LOWEST COST % OF LOW MULTIPLIER TOTAL POINTS COST PROPOSED ASSIGNED Company#1 $100,000.00 $100,000.00 100.0% 35 35.00 Company #2 $108,000.00 $100,000.00 92.6% 35 32.41 Company#3 $120,000.00 $100,000.00 83.3% 35 29.17 Tab 8 — Additional Reauired Proposal Submittal Forms: (Non -scored) - Identical Tie Proposal Sheet (if applicable); Proposer's Insurance Requirements Acknowledgement; Business Tax Receipt; Corporate Resolution (if applicable); E-Verify Acknowledgement; Proposer's Disclosure Form; Notifications Affidavit; and/or Proposer's DRAFT Franchise Agreement in a word document. Tab 9— References (Non -scored): Provide a listing of three (3) comparable client references that are using the company's services. (NOTE: The City may. at its sole discretion. reouire a complete list of companies served from nronoser(s) beins_ considered for award.) At the discretion of the Evaluation Team, the Procurement Chairman may request and tabulate written references and make a report to the Team or assign a Team member to do so. Reference checks are typically completed on the short-listed firms only; however, the City reserves the right to expand reference checks to other firms or during other phases of the evaluation process. Consideration of responses received from reference checks may be given during the final selection process. SELECTION PROCESS: In general, the City wishes to avoid the expense to the City and to proposers of unnecessary oral interviews. Therefore, the City, at its sole discretion, will make every reasonable effort to achieve the ranking using written submittals alone. If no single top -ranked firm can be clearly identified by review of the written submittals alone, a short-list will be developed. The selection committee, at its sole discretion, may conduct formal oral presentations/interviews with the short-listed firms. Formal Oral Presentations/Interviews (If Requested) (maximum 5 X 2 = maximum 10 points) P-,ge 26 rJ 42 191 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 The City may choose to conduct oral interviews with, or receive oral presentations from, one or more of the Proposers. If the City chooses to allow oral interviews and/or presentations, such interviews or oral presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). The City's Procurement Department will establish the schedule and Proaosers will be notified within a reasonable time Deriod (eenerally 5-calendar days) in advance of the date, time and place of the presentations. The specific format of each presentation will be provided to Proposers with the notifications. The City will allot equal time for each Proposer divided into three (3) sequential parts: formal presentations, questions and answers, and discussion. Oral interviews/presentations will provide an opportunity for the Proposers to demonstrate their ability to use time efficiently, effectively and economically. The times allotted are maximums and no firm will be penalized for using less than the allotted time. Final Rankine and Recommendation for Award: After Oral Presentations/Interviews, Committee members will have the opportunity to score oral presentations/interviews for all selected Proposers and determine a final ranking of proposers considered to be most capable of performing the required project in the best interest of the City. The Committee's final ranking will be provided to the Procurement/Contracts Manager. Additional clarification may be requested during this process. Recommendation and Approval of Ranking: The Procurement/Contracts Manager will send the Evaluation Team's recommendation and results to the City Manager primarily responsible for review and consent. The Procurement/Contracts Manager will then provide the final recommendation to the City Manager to review and present the results to the City Council. The City Council shall make the final decision based on its sole discretion and that decision will be final. END OF SECTION IV Page 27 of 42 192 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SECTION V Proposal Form And Required Documentation RFP NO.22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES The undersigned declares that, after examining the Proposal Documents for the above referenced project, she/he does hereby submit a response to the Proposal and warrants that: a. She/He is an officer of the organization. b. She/He is authorized to offer a proposal in full compliance with all requirements and conditions, as set forth in the RFP. c. She/He has fully read and understands the RFP and has full knowledge of the scope, nature, quantity and quality of the work to be performed, and the requirements and conditions under which the work is to be performed. d. If the Proposal is accepted, a Purchase Order and/or Contract will be issued as proposed subject to any revisions mutually agreed -upon by the City and the Proposer. Authorized Signature Printed Name & Title Company Telephone Number Date E-mail Address Page 28 of 42 193 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 PROPOSAL FORM RFP NO.22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES All listed numbers stated in all sections of the Proposal Form SHALL be used solely to compare one proposal to another and is not an indication of actual service numbers. RESIDENTIAL SERVICE — CATEGORY 1 Description of Services # of Households Monthly Fee Total Monthly Fee `A' SUBSCRIPTION PROPOSAL 10,000 • Solid Waste Collection 2x/week ■ Yard Waste 4 CY max. Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items RESIDENTIAL SERVICE — CATEGORY 2 Description of Services # of Households `A' SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste 4 CY max. 1x/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items RESIDENTIAL SERVICE — CATEGORY 3 Description of Services # of Households `A' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste 4 CY Max. Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items Pape 29 of 42 `A' times `B' `B' Monthly Fee Total Monthly Fee °B' `A' times `B' Monthly Fee Total Monthly Fee `A' times `B' `B' 194 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 RESIDENTIAL SERVICE — CATEGORY 4 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection Ix./week ■ Yard Waste 4 CY Max 1x/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items $ $ MULTI -DWELLING SERVICE (six (6) or more units) — CATEGORY 1 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `W SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, MULTI -DWELLING SERVICE (six (6) or more units) — CATEGORY 2 Description of Services # of Households Monthly Fee Total Monthly Fee `A' `B' `A'times `B' SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods,, MULTI -DWELLING (six (6) or more units) — CATEGORY 3 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste lx/week ■ On -Call Bulk Waste, White Goods, $ $ MULTI -DWELLING (six (6) or more units) — CATEGORY 4 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste Ix./week ■ On -Call Bulk Waste, White Goods, $ $ F,3pE, 30 (,f 42 195 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 Commercial Roll off Containers (includes container service charge) Per Pull SIZE Per Pull 15 YD 20 YD 30 YD 40 YD Cart & Rollout Service (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 96 Gallon Cart Rollout Service 64 Gallon Cart SIZE 2 YD F Commercial Compactor (includes container service charge) Per Pull (six (6) in the City Page 31 of 42 Per Pull 196 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 20 YD 30 YD 40 YD Front End Loader Dumpster (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 2 YD 3 YD 4 YD 6 YD 8 TD Authorized Signature Printed Name & Title Date Company Telephone Number E-mail Address CITY OF SEBASTIAN PROPOSER'S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT Par ie 32 of 42 197 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 RFP # 22-07, CURBSIDE SOLID WASTE SERVICES STANDARD INSURANCE REOUIREMENTS: Before starting and until acceptance of the work by the City, the Awarded Proposer shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian, FL 32958 and should reference the operation. Prior to renewal, non -renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The Successful Proposer shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an "occurrence" form. B. Business Automobile: Successful Proposer shall provide minimum limits of liability of $5,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: • Owned Automobiles • Hired Automobiles • Non -Owned Automobiles C. Umbrella/ Excess Liability: Successful Proposer shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Proposer has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** D. Workers' Compensation: The Successful Proposer shall provide and maintain workers' compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Exemption certificates to this requirement are not acceptable. Should the Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that Initf i here. all employees sent to the City of Sebastian MUST be included on that PEO roster. Said policy must include Employers' Liability insurance with limits of no less than: • Each Accident $ 100,000.00 • Disease — Policy Limit $ 500,000.00 • Disease — Each Employee $ I00,000,00 Successful Proposer shall further ensure that all of its sub -contractors maintain appropriate levels of workers' compensation insurance. Page 33 of 42 198 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause — Successful Proposer to declare self -insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Proposer to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. Authorized Signature Company Printed Name & Title Date REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 34 of 42 199 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 REFERENCES Provide a minimum of three local government references, for which the Proposer is currently providing this type of service (or have provided within the last 8 years). One reference must be residential in a Florida City with at least 30,000 residents. One reference must be commercial reference in the State of Florida. 1. Company Name Contact Name and Title Address Phone Number Length of contract or business relationship: Contract Value $ Description of work provided on this contract 2. Company Name Contact Name and Title Address Phone Number Length of contract or business relationship: Contract Value $ Description of work provided on this contract 3. Company Name Contact Name and Title Address Phone Number Length of contract or business relationship: Contract Value $ Description of work provided on this contract E-Mail Address Start Date End date E-Mail Address Start Date End date E-Mail Address Start Date End date Page 35 of 42 200 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 IDENTICAL TIE PROPOSALS In accordance with Section 287.087, Florida State Statutes, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals that are equal with respect to price, quality and service are received by the State or any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies it has completed a drug -free workplace program shall be given preference in the award process. Established procedure for processing tie Proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 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 prohibitions. 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, and employee assistance programs, and the penalties that be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, 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 Florida Statutes or of any controlled substance law(s) of the United States or any state five (5) days after such conviction or plea. 5) Impose sanctions on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, any employee who is so convicted. 6) Make a good -faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature Company Date Page 36 of 42 201 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 Proposer's Name: ADDENDA ACKNOWLEDGEMENT Phone #: RFP Title: EXCLUSIVE CURBSIDE SOLID WASTE RFP #: 22-07 COLLECTION SERVICES Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their Proposal to be considered non -responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388- 8231. Signature: ADDENDDUM # DATE RECEIVED 1 2 3 4 S 6 7 8 9 10 No Addenda was received in connection with this solicitation. Title: Print Name: Date: Failure to fully complete, sien and submit this Disclosure may result in reiection of the oronosal Page 37 of 42 202 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 PROPOSER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: () An Individual ( ) A Partnership () A Corporation Proposer's License No., ifapplicable: *Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last eight (8) years? YES ❑ NO (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last eight (8) years? YES NO If so how many? c. Has your firm had against it, or filed any request for, equitable adjustment, contract claims, proposal protest, or litigation, related to contracts for waste collection services, in the past eight (8) years that is related to the services your firm provides in the regular course of business? YESEJNO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. (5) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (6) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. Page 38 of 42 203 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 ********************************************************************************************* 1 hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Title Date Failure to fully complete. sign and submit this Disclosure may result in reiection of the proposal END OF PROPOSER'S DISCLOSURE FORM Paa� 39 (.f 42 204 of 295 Exclusive Curbside Solid Waste Services RFR # 22-07 E-VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.eov/E-Verify. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub - Consultant). Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: ■ AlI persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Vendor/Contractor/Consultant becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility, " as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to temiination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of I year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: Authorized Name: Title: Signature: Date: State of County of This instrument was acknowledged before me on (Date) [Notary Sea!] Notary Public Signature Failure to fully complete, sien and submit this Affidavit may result in reiecfion of the proposal . i- 40 • 42 205 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 I, (Print Authorized Name) of NOTIFICATIONS AFFIDAVIT (Company Name) (Title) Affirm that I read and understand, as well as accept all requirements and regulations listed on pages 10 — 12 in the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension • Scrutinized Vendor Signature: State of County of Date: The foregoing Affidavit was acknowledged before me on (DATE). [Notary Seal] Notary Public Signature Failure to fully complete. sinn and submit this Affidavit may result in reiection of the proposal ParjF 41 of 42 206 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 SUB -CONTRACTORS LISTING FORM Bidder's Name: Phone M EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION ITB Title: SERVICES RFP #: 22-07 NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not. If subcontractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets if necessary. The City reserves the right to reject any bid if the bid names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. Company Work To Be Contact Telephone Name Performed Person Number 1. 2. 3. 4. 5. 6. I affirm that Subcontractors will not be used to complete the project under this agreement. Print Preparer's Name: Title: Signature: Date: Failure to fullv complete, sign and submit this form may result in reiection of the Bid. END OF SECTION V Page 42 of 42 207 of 295 GffOF Administrative Services Department CMASTIAhi Procurement Division ,Ire — '% __ ` 1225 Main Street r w Sebastian, FL 32958 Ralop (772) 388-8232 HOME OF PELICAN ISLAND October 27, 2022 ADDENDUM #1 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon@cityofsebasban.org TO: All Parties Holding Specifications: The City, at its sole discretion, shall reserve all rights to award this proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. 1. Q: Agreement Term/Renewal and Franchise Fee — Would the City agree that the 5-year renewal period be based upon mutual consent of the parties (versus at the sole discretion of the City)? A: Yes. Term/Renewal shall now read as follows: AGREEMENT TERM/RENEWAL AND FRA.NCffiSE FEE: The City intends to award an initial seven (7) year contract to the successful Proposer commencing on July 1, 2023, terminating on August 31, 2030 with an option to renew for one (1) additional five (5)-year term based ui)on mutual consent of both val rties. The Proposer shall provide a Franchise Fee based on gross revenues collected pursuant to the Franchise granted herein. The Franchise Fee shall be paid to the City, by wire or check, on or before the fifteenth (15 b) day of each month for all services collected (for all residential, multi -dwelling and commercial customers) by the Franchisee during the preceding month. 2. Q: With respect to insurance, the Contractor's corporate policies contain confidential and proprietary information, including the amount of applicable SIR/deductibles. The Contractor seeks confirmation that it is not necessary to include the SIR/deductible amounts in the Certificate of Insurance? A: It is not necessary to include the SIR/deductible amounts in the Certificate of Insurance. The City requires the amounts and to be named additionally insured. The City does not need to be named as Additionally Insured in the case of Workers Compensation. 3. Q: With respect to insurance, the Contractor's corporate insurance policies contain confidential and proprietary information. The Contractor seeks confirmation that it may omit or redact any confidential information before providing a copy of the actual insurance policy? A: The Contractor may omit or redact any confidential information before providing a copy of the actual insurance policy. Pagel of 3 208 of 295 ADDENDUM #1 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 4. Q: Unusual cost — There is no provision that allows a proposer to seek an adjustment in its prices for unanticipated and unusual cost increases. Will the City agree to add such language to the solid waste contract? A: The contract contains segments concerning CPI Changes and Rates and a section relating to "Rate Adjustment Procedures". 5. Q: Change in law -- There is no provision regarding change in law. Will the City agree to add a provision in the solid waste contract so that changes in law that affect performance or the cost of same can be appropriately addressed by the parties? A: This is addressed in the contract and will more than likely stay the same. 6. Q: Termination With or Without Cause — Can the City's right to termination for convenience upon 30 days' notice be removed, or alternatively, made a mutual right for both parties? A: Termination With or Without Cause shall now read as follows: TERMINATION WITH OR WITHOUT CAUSE: The agreement resulting from this RFP can be terminated within thirty (30) days written notice from the City with cause if Proposer is found to have failed to perform services in a manner satisfactory to the City. The City shall be sole judge of non- performance. Further, the agreement can be terminated by either party without cause upon one -hundred twenty (120) days written notice by either Party. In the event of termination without cause, the Proposer shall be compensated for all services performed to the City's satisfaction. 7. Q: Will the City agree to add a force majeure provision to the solid waste agreement? A: This will be addressed in the contract 8. Q: Indemnification —Would the City agree to remove "gross" so that the Contractor's indemnification obligations do not include any claims resulting from any negligent acts of the City? A: No, this will stand as stated. 9. Q: Emergency Response — Please confirm that the collection of storm debris is not part of this RFP and that the Contractor shall not be responsible for collecting same (unless the City agrees to pay for such additional services at a mutually agreed upon rate)? A: Uncontrollable Force is presently addressed in two (2) different sections of the existing contract. The Citv will add to the contract the following: City does agree to pay for additional cleanup services in the situation of an Uncontrollable Force at a mutually agreed upon rate. As an optional level of service, the City and/or residents shall maintain the right to contract directly with additional Haulers/Vendors/Contractors for disposal of large volume/size yard waste. 10. Q: Proposer's Disclosure Form — Please confirm that the litigation listed in #3 can be limited to claims directly related to contracts for waste collection services and should not include employment actions, motor vehicle accidents, etc.? A: This requested change is accepted by the City. Page 2 of 3 209 of 295 ADDENDUM #1 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 11. Q: Will the City be providing a draft contract to the RFP? A: Yes, the attached contract WM presently operates under pretty much matches the contract we are presently constructing; however, there will be changes to the attached (existing) contract. 12. Q: I am inquiring if the due date on the submittal can be extended to 60 — 75 days from today (the date the RFP was posted)? The additional days will allow the City of Sebastian to have respondents prepare good, qualified proposals for the 4 different levels of services in the RFP. A: Please see the attached revised proposal schedule. Date: Company Name: Written Signature: Printed Signature: Page 3 of 3 210 of 295 CITY OF SIEIIE�_ HOME OF PELICAN ISLAND REQUEST FOR PROPOSALS Request For Proposal # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES EVENT RELEASE DATE: PRE -PROPOSAL. MEETING (Attendance Mandatory) (2"a Floor Conference Room): QUESTIONS DUE DATE/TIME: DUE DATE/TIME: 1' EVALUATION MEETING: 2No PRESENTATION/EVALUATION MEETING, if applicable: RECOMMENDATION OF AWARD: City Council Meeting at City Hall 1225 Main Street Sebastian, Florida 32958 DATE TIME October 21, 2022 10:00 AM Wednesday, November 30, 2022 LOCAL TIME 2:00 PM Monday, December 5, 2022 LOCAL TIME Thursday, December 15, 2022 2:00 PM LOCAL TIME Wednesday, January 4, 2022 10:00 AM LOCAL TIME To Be Determined TO BE DETERMINED Wednesday, February 22, 2023 6:00 PM LOCAL TIME *The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes. Dates in this schedule may be amended by the City; it is the Proposer's responsibility to check for any changes. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre -bid conference or bid opening should contact the City of Sebastian at 772-389-8231, at least five (5) days prior to the event to advise of his/her special requirements. Contact Person Don Wixon Procurement/Contracts Manager Email: dwixon &citvofsebastian.ore 211 of 295 Exclusive Curbside Solid Waste Services RFP # 22-07 REOUEST FOR PROPOSAL COVER SHEET REQUEST FOR PROPOSAL # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES PROCUREMENT CONTACT: PROPOSALS TO BE RECEIVED NO LATER Don Wixon, THAN: Thursday, December 15, 2022 by 2:00 P.M., Procurement/Contracts Manager Local Time PHONE NUMBER: (772) 388-8231 E-MAIL: dwixon &cityofsebastian.ora PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID Mandatory Pre -Bid Mandatory Proposer Name: Address: Citv of Sebastian — City Hall Council Chambers 1225 Main Street Sebastian. FL 32958 Phone Number: Proposals are firm for One -Hundred twenty Days (120)-work days. Yes No _ Other Fax Number: E-Mail Address: FEIN Number: If submitting a "NO PROPOSAL," state reason: Proposal packages shall only be mailed or hand -delivered to the Procurement Department, located in the CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Receipt of Proposals shall be officially closed after time and date identified in this proposal. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of Administrative Services will be the official authority for determining late Proposals. One (1) originaI signed in Blue Ink (MARKED "ORIGINAL"), and five (5) copies, and one (1) electronic PDF copy on Compact disk (CD) or flash drive of all Proposal sheets and required attachments shall be executed and submitted in a sealed envelope. Proposer shall mark Proposal envelope, RFP No. 22-07 — EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES. Proposer's name and return address shall be clearly identified on the outside of the envelope. Authorized Signature Printed Name Title (printed or typed) Date Page 2 of 42 212 of 295 This Franchise Agreement (`Agreement) Is hereby made and entered into this le day of June, 2013, between CITY OF SEBASTIAN, FLORIDA. (TW) and WASTE MANAGEMENT, INC. OF FLORIDA, a Ftodda corporation, whose address is 2700 NW 4e Sheet, Pompano Beach, FL 33073 ffranchiseej. WRINESSETH WHEREAS, the City deskes to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, FrandNsee des1res to pwbrm such senims pursuant to the terms and conditions setforth hart in; NOW, THEREFORE. In conskWat€on of the mutual promises and agreements contalned herein and other good and values consideration, the receipt and sufficlericY of which are hereby acknowledged, the City and the Franchisee agree as fclimrs: A cle 1. Background Recitals 1.0. The reels set Borth above are true and cw7W and form a material part of fits Age Article 2. Tenn of the Agreement 2.0. The term of this Agreement atu3ll be for a period of We (6) years, which shall begin July 1, 2013. This Agreement shall automatically renew for an additional temt ending June 30, &M unless either party shall no* the other to the contrary In writing pursuant t0 Sec.16.11 not lobar than July 1, 2017. Article 3. Definitions and hrtarpr+atatlons 3.0. Gsneral. To the extent that any definition eon herein c onMft wEth any similar deflnitlon c milained In any federal, state, or local law, the def ntfion herein snag prevail. However, nothing contained herein sFaall be Interpreted to rae*m ft Franchisee to undert M any conduct that Is prohibited by Applicable law. Whenever the may require, any pronoun which is used in th4 Agni nsent shall Irrdude the .. nespamding maaCURne, feminine and r HAer tams and fie singular stall arck de the plural and vice versa. 3.1. Agreement shall Mean this Franchise Agreement between the City and the Franchisee, together with all exhibits and ather documents that are expressly incorporated by reference. F4 213 of 295 rIN 32. Applicable Law means any local, state or federal statute; law, constitution, charter, ordl m=. Judgment. order, decree, perrnit, aK regulation, directive, policy, slandard or similar binding authority, or a jLmUM or administrative Interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the harm of this Agreement, and relate In any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Weete shall mean solid waste that causes or has the capability of causing disease or InAKdOn and lncludes, but Is not limited to, biomedical waste, diseased or dead animals, and other roasts capable of transrnlift pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. 3.4. Biomedical Wastes shall mean any Solid Waste or liquid waste which may present a threat of Wection to humans. The berm includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which certain human - disease -causing agents; discarded disposable sharps; human blood. and human blood and d body fluids; and other materials whkh In the opinion of the Florida Department of Health represent a significant risk of Infadon to persons outside the generating facility. The term does not Include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. 3.5. Council shall mean the CIVe governlrg body, which currently is comprised of the City Council of the City of Sebastian, Florida. 3.6. Bulk Trash sha0 mean any non -vegetative item that cannot be containeriasd, bagged or bundled, or whose large size or weight precludes Its handling by normal. Collecdion, processing or disposal methods. Bugs Trash includes but Is not limited to discarded White Goods that are not Freon -Containing Devioes, tollets, pool heaters, water softeners, pianos, bath tubs, sinks, bicycles. and similar household goods, appliancres, fWas and furniture. 3.7. Collect and Collection shag mom the process whereby Solid Wssta is pktaed-up and removed f m the location where it Is generated, and then transported to the County Landfill. 3.8. Commercial Collection Franchise Area shall mean the City Horns of Sebastian. 3.9. Commercial Collection Service shall mean the Corn of (a) Commercial Solid Waste, and (b) Recyclable Arterials generated on Comrnerdal Property and from Mobile Home Parke. 3.10. Commerchd Container shall mean any container which: (a) consists of four permanently attached sides and a bottom; (b) Is made of metal. durable plastic or other non -absorbent material; (c) is free-standing; (d) Is emptied or transported by r^ mechanical means; and (e) Is used to Collect or store Solid Waste. Commercial 3 214 of 295 Containers Include, but are not limited to roll-oNroil-off bmtes, dumpebre, Compactors, and similar receptacles used to Collect Solid waste 3.11. Commemial Properly shall mean all of the improved property in the City that is used for. (a) Multiple Dwelling Units; or (b) commercial, institutional, chum, not-fior- profit, governmental, nonresidential or Industrial purposes. 3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that Is not Residential Solid Waste. Commercial Solid Waste Includes the Garbage, Bulk Trash, Trash, Yard Trash, and industrial Solid Waste generated by or at: (a) commercial business, Including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional ofiives and buildings, including, without limitation, schools and hospitals; (c) churches and not-for-pratit organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; (g) agricultural and InduWM facilities; and (h) Construction and Demolition Debris collection In volumes greater than fiffaen (15) cubic yards. 3.13. Compacmr shall man any SW Waste container that has a stationary or mobile compaction mechanism. 3.14. Construction and Demolition Debris shall mean discarded materials generally considered to be not water-soluble and nonhazardous In nature, Including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and Including rocks, soils, tree remains, trees, and oilier vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The berm also Includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project (b) Unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated woad paltete provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating Industry to m1nlmlze the commingling of wood serape or pallets with other solid waste; and (c) De Minlmis Amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management , .; ..-j of the industry. 4 215 of 295 /'N For purposes of this Agreement, the term does not Include 'Roll-on, roll -our service at volumes less than fifteen (15) cubic yards. 3.15. Conatructlon and Demolition Debris Commercial Container shall mean a Commercial Containerihat Is used to hold Construction and Demolition Debris. 3.16. Constructlon and Demolitlon Debris Servlae shall mean the Collection and transport of Construction and Demolition Debris In a Commercial Container or a Construction and Demolition Debris Commensal Container in the City by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to ad as the CdYs repre during the term of this Agreement 3.1& County shall mean Indian River County, Florida. It shall also Include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste and Reaydabte Materials discarded by a Customer. 3.20. Customer shall mean a Person having a contractual relationship with the Frerwtl$ee for Residential Solid Waste Collectbn Service or Commercial Collection Service pursuant to the berms of this Agreement and the City Code. 3.21. De Mirnimis Amount shall mean the amount of Solid Waste that lawfully may be Included In a container of Recovered Materials or Construction and Demolition Debris. A De Knimhs Amount of Sold Waste Is three (3) percent, by volume or we1gK whld*ver is more restrictive, as determined by a measurement or visual Inspection by the Contract Manager. 3.2Z County Undfill stall mean the Solid Waste Disposal Facility or Facilities owned or operated by the County. 3.23. Freon -Containing Devh= shall mean White Goods, appliances or other devices that contain or may release Freon, such as refrigerators, freezers, air conditioners, and dehumidifiers. 3.24. Garbage shall mean all kitchen and table food waste, and any animal, verve, food or other organic waste that Is attendant with or results from the stomp, preparation, cooking or handling of food materials. 3.2ti. GarbW PAceptacle shag mean any oomnvx* available light gauge steel, plastic. or galvanized receptacle of a non-absorberd material, dosed at one end and open at the other, furnished with a closely fitted top or lid and handie(s), and Ind a heavy duty, securely tied, plastic beg deslgrted for use as a garbage receptade. 5 216 of 295 3.26. hazardous Waste studi mean any Sold Waste regulated as a hazwdow wade by the Florida Department of Environmental Protection or the U.S. Envirorune ttal Protection Agency pursuent to Applicable Law. 327. Industrial Solid Waste shell mean Solid Waste generated by manufacturing or Industrial processes that is not a Hazardous Waste. Such waste many include, but Is not limited to, waste resuittng from the following manufacturing processes. electric power generation; fertilize ftricuhural chemicals; food arcl related products or by- products; inorganic chemicals; iron and steel manufacturing; leathm or leather products; noMemara metals manufacturing or foundries; organic dremicais; plastic products and resins manufacturing; pulp and paper Industry; rubber and miscellaneous plastic products; stone, glass, clay, and cwwrete products; textile manufactudng;'transportalron equipment; and water treatment This tens does not Include mining waste or oil and gas waste. 3.28. Matnislb RecWng Facalty (MRF) shall mean any faciftty operated or managed by, for, or on behalf of the County for the purpose of receiving, sorting, proog, etorirrg, or preparing Recyclable Materials for sale. 329. Mobile Home Park shall mean any Improved read properly divided into spaces for the placement of mobile or modular homes or trallers. 3.30. Muttlple Dwelling Units shall mean any building containing five (5) or more permanent living units. Multiple Dwelling Units Include condominiums, but do riot Include hotels or motels. 3.31. DAft Intentionally blank) 3.32. [t eft Intentionally blank] 3.33. Person shall mean any and all persons, natural or artiSdal, Including, without Bmltatlon, any Individual, firm, partnership, corporation, company, association. social dub, fraternal organization, church, religious sect, religious denomination, society, organization or league, estate, bust, recelver, executor, administrator, trustee, or Syndicate, murdcipd corporation, munVpallty, district or county of Florida and any other state; any governmental agency or political subdivision of any state or the federal government; or any other kVai entity, and any group or c ombmation of the above acting as a uniL 3.34. DA Interftnragy Blank] 3.35. Recovered Materials shall mean metal, paper, gloss, pktio, textile, or rubber matey that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials. whether or not the materials require subsequent 6 217 of 295 processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.3& Raft Intentionally Blank] 3.37. p.,eft Intentionally Blank 33& (Left Intentionally Blank. 3.39. p elt Intentionafly Blank 3.40. [Left Irdentlorrally Bl" 3.41. Residential Solid Waste shall mean Garbage, Trwh, Yard Trash, and Bulls Trash resulting from the normal housekeeping aeUdes of a Residential Unit or Mobile Home Park that has elected to rec" Residential So@d Waste Collecilon Service. 3.42. ReaMenkrl Solld Waste Colkection S vlae shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.43. Residential Solid Waste Franddse Area shag mean the geographical area comprising the CRY. 3A4. Residential Unit shag mean each and every lot or parcel of land that is Improved for ocarpancy as a single-family residence, duplex, triplex, or quadroplex, and any other residence, except a Multiple Dwelling UnIL The term also Includes lndlvidually-owned mobile or modular homes or trallers that: have residential permanent license tags; are erected on a separate parcel of property; are within the Residential Franchise Area or the RaMe" liecyc s Franchise Area* and do not reoeive Commercial CoNctio n Service. 3.46. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatmerri, or operation of an air pollution control fatuity, and mixed liquids and sollds pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 3AS. Solid Waste shall mean Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatmnt works, water supply treatment plant, or air pollution control facility, or garbage. n bbish,* refuse, Special Waste, or other discarded material, including solid, fiquW, semisolid, or contained gaseous material resulting from domestic. industrial. comrnevc1ai, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. 7 218 of 295 3.47. Solid Waste Disposal FacWt V mean any said waste management facility which Is the final resting place for solid waste, including landMe and Incineration futilities that produce ash from the process of Incinerating municipal solid wasts, 3AF3. Special Wasee shall mean Solid Wastes that can require special handling and management, including, but not fmited to, White Goods, waste tines, used op, lead -add batteries, Construction and Demolition Debris, ash residue, Yard Trash, wW Biological Wastes. 3.49 Standard Issue Corrialrner shall mmn the c ollec don bin issued by the Franchisee to every subscribing Residential Customer. Such Container shall be a mobile sixty-four (04) gallon coiieo t bin. Franchisee shall deliver the Container to new Customers at the time of their subscription. For the purpose of the Initial term of this Agreement, the Fmndhisee will deliver Containers to existing Residential Customers by October 1, 2013. if the Standard law Container is too large for disabled Customers, the Franchisee shall make a reasonable aceammodation and issue a s=Uer sized oontainer to Customer. 3.50. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys. tools, equipment and utensils. Trash does rot include Garbage or Yard Trash. 3.51. Uncontro9abls Fame shall mean any event that results in the prevention or delay of perforrmmance by a party of tts obligations under this Agreement and which Is beyond the reasonable control of the non -performing party. It includes, but Is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidtemlo, war, riot, ON disturbance, terrorism. sabotage, and governmental actions. Labor disputes, including, without iknitation, strikes and slowdowns, are not an Uncontrollable Force. 3.52. White Goods Includes Inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon -Containing Devices. 3.63. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, tree branches and other similar matter. Section 4. grant of Franchise 4.0. gWusive Fri. Subject to the conditions and Umit dons contained In this Agreement, the Franchisee Is hereby granted an exclusive franchise and sole aulhorlty th provide (a) Residential Solid Waste CoUeWon Service In the Residential Solid Waste Franchise Area and (b) Commercial Collection Service. 4.1. Recyclybies. The collection of residential is not a part of this Agmmaement S 219 of 295 4.2. 1..imited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the speac terms of this Agreement. 4.3. Minimum Reauirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not pmhibk any Perm from gathering, conveying, or processing Recovered Materials, provided such Person otherwise compiles with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis Amount of Solid Waste shall be handled and regulated as Solid Waste. Article S. Title to Solid Was and Recyclable Materials 5.0. Ek. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, and Recyclable Materials are placed at a Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and owniership, to all such materials. The Franchisee shall have no right to take, keep, process, after, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and I'WAlty for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects. article 6. Processing and Disposal 6.0. Fwasa ni g. Recovered Materials ooilecticm, processing and marketing are outside the scope of this Agreement. 8.1. Solid Waste Dismal. The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Article 7. Franchise Fete 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues oollectad pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (15ch) day of each month for all services collected by the Franchisee during the immediately preceding month. Article 8. Residential Services B.D. Hours of Residendal Service- General Residential Solid Waste Cofiection Service, shall be provided Monday through Friday, beginning no earlier than 7:00 a.m. and ending �fl 220 of 295 no later than 5:00 p.m, unless previously authored in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residents Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 0, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be Collected by the Franchisee on any holiday when the County landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. 8.2 Freauencv of ReRidential Solid Waste Qoilection Service—Garbaae and Trash. At least two (2) times each week, the Franchisee small Collect Garbage and Trash fmm those Customers that requested Residential Solid Waste Collection Service. The Collections of Garbage and Trash shall be at IeW three (3) days apart. Q 3. Fr+eauengy of Service ---Yard Trash, Yard Trash shall be collected from Residential Units receiving Residential Solid Waste Collection Service at least one (1) tirne per week Yard Trash shall not be commingled wrth Garbage. B.4. FMguengy of Sarvice-Bulk Treeo. The Franchisee shall collect all Bulk Trash and Freon -Containing Devices placed at the Curbside Collection Point within four (4) calendar days after receiving a Customer's request to Collect such materials. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. B.S. ,QWations Of Frgngtdsee To Relkential Curers - General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right-ofAW, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a Customer is physically unable to deliver their Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the Residential Unit is not readily accessible to the ColkKAon crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obi. All Yard Trash, except palm fronds, must be bundled, bagged in a biodegradable bag, or containerized by Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four (4) cub1c yards per collection and shall be placed neatly at to Curbslde Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the sections of the tree are not more than eight (a) feet in length or more than fifty (50) t0 221 of 295 pounds. The Franchisee shall not oo-mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.6.2. Bulk Trash Oblioations. Bulk trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contrast Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system, or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Coles. The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point. The Franchisee shall also collect any garbage that may be placed next to the container from time to time. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non-subscriber(s) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective by the City, the Franchisee shall replace the Container at no additional cast to the customer. 8.7_ Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes flied with the Contract Manger. The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 8.7.1. Changm, to, Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives the Contract Manager's prior written authorization. The Contract Manager's approval of such changes shall not be unreasonably withheld. In the event that the Contract Manager authorizes a change in schedules that alters the Collection day far any Customer, the Franchisee shall, at its expense, notify each affected Customer by mail or other manner approved by the Contract Manager not less than one (1) week prior to the change. Article 8. Residential Rates and Billing 9.0. Residential Solid Waste Coliection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by Franchisee shall be $11.18 per month as depicted in the rate schedule attached here to and marked Exhibit `A'. The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Service and it includes all franchise fees, collection 11 222 of 295 costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. 9.1. Residential Solid Waste Collection Service B g ng. Billing for Residential Solid Waste Collection Service shall be the sole responsibility of the Franchisee. Article 10. Commercial ColFection Service 10.0. General. The Franchisee shall provide all Commercial Collection Service within the City. 10.1. Freauencv of Colley on. Commercial Collection Service shall be provided at least once per week, except that the Collection of Recyclable Materials may be provided as agreed by the Customer and Franchisee. In any event, Commercial Collection Service shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. i,ocation of Collection of Commercial C 1 r . Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. if a dispute should arise between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3, commercial Co iners Reauired. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle, 10.4. N iners Prohibited. The use of any container or receptacle other than a Commercial Container or a Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that Is found to be unsuitable or undersized. 10.5. Adiaeent Areas. Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property as a result of construction, 12 223 of 295 demolition, or renovation activities shall be removed by the Person responsible for the construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier If the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates — General. The Commercial Collection Sen► ee rates set forth in this Agreement are maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement 11.1. Rates. All Customers receiving any type of Commercial Collection Service, including Construction and Demolition Debris Service, will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate schedule attached hereto marked Exhibit W. 11.2. Other Char. The rates for Commercial Collection Service and Construction and Demolition Debris Collection Service do not include disposal fees, maintenance fees, franchise feels and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and Itemized. 11.3. flUUM. Billing for Commercial Collection Service, and for Construction and Demolition Debris Service shall be the sole responsibility of the Franchisee. Article 12. Adjustments to Rates 12.0. CPI Chanaes in Rates. Compensation payable to the Franchisee for services Provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for all urban consumers for the Southeaster US, all items, 1982-M equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI'. Should the CPI be discontinued or substantially modified, then an aftemate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1. 2014, and on each Octoberl thereafter, the foregoing rates shalt be adjusted to reflect the Increase or decrease in the CPI for the Immediately preceding twelve (12) month period of June to June, but no increase or decrease shall exceed percent (3%) per annum. The Franchisee shall notify the City in writing of Increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation_ 12.1. Change of Law, The parties understand and agree that the Florida legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate chin actions or programs that may require changes or modifications In some of the terns, conditions or obligations under this Agreement. Nothing contained in this 13 224 of 295 Agreement shah require any party to perform any act or function contrary to law. To the extent that any law effective alter the effective date of tibia Agreement Is in corrPod with, or requires changes In. the provisions of services to be provided under this Agreement the parties agree to enter Into good4aith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change In law. 12.2. won Rate Cam. The Franchisee shall not be allowed a rate incxhsemse for any reason other than those expressly specified In this Agreement. Notwithstanding the foregoing, In the event that a federal, state or local entity Imposes a fee, charge or tax aver the data of this Agreement that apples to Franchisee's operations per se, such fbe, charge or tax shall be treated as a grange in law and shall be passed through as a ,s, wo m a ; I � billed item after notice and confirmation by the City. 12.3. Rate Aduustmwd Procedure. Should the Franchisee seek an adjusttr ent of any charges established and approved by the Council, other than the CPI Changes In jbdm set forth in section 12.0 of Oft Agreement, then Franchisee shall notify the Coy in writing, setting forth the schedule of rates and charges which it proposes and a written justification for the request» A public hearing shall be held on the request. The request for a public hearing shall be submitted to the City with supporting data for review and presentation to the Council. The hearing may thereafter be continued from time to time as determined by the Council. The Council shall make a determination whether the adjustment In charges Is necessary and justified under the circumstances provided herein and set forth in Franchlsee's jhrstification for rate adjustment. Article 13. General Obligations Of Franchisee 13.0. Pmhihitiona on Blolealml_ Biomedical. and Hazanious Waste. The Franchisee shall not Collect Biological Waste, Biomedical Waste, or Hmmrdous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not Collect any Solid Waste that the Franchisee reasonably believes Is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall Immediately notify the Conti Manager If any Customer attempts to deliver such material to the Franchisee or the City. The City shall have the right to Inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not delivu such materials to the Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchhwe defivers to the County Landfill. 13.1. §pjjlsas. The Franchisee shall not lifter, and shall not spill Solid Waste or Recyclable Materials, anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, In the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or enclosed so that leaking, sp" and blowing of such material Is prevented. In the event that any material or lief spills, blows or leaks 14 225 of 295 from the Franchisee's vehicle, the Franchisee shag immedla* clean up the spit, leakage and litter at no cost to the City or the Cu darner. If a Customer or the Contract Manager notifies the Franchisee that Its actions have caused litter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being nohffied. In all such case% the cost of any cleanup, remediation or damages shag be the sole responsibility of the Franchisee. 1&2- FInancW Reports. Franchisee scrag provide to the City annually a tip statement and report that Includes an income statement showing the gross venue received by the Franchisee from the Collection of Sold Waste and other services provided by the Franchisee under this Agreement. The report must Include the opinion of a Certified Public Accountarft, who has conducted an ar,dft of the Franchisee's books and records In accordance with generally accepted accounting standards which Include tests and other necessary procedures, that the financial statements are fairly presented In all material aspects and In conformrly with generally accepted accounting procedwhas. The report also must Include the Certified Publc Acoounft fs opinion that the Franchisee has properly crekxda ed and fully paid the franchise flees that are due and owing to the City pursuant to the provisions of this Agreement. The antral audit shag be delivered to the City within one hundred and twenty days after the end of the Franchisee's ilscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3. C =rner Complaints. If the City recehres a complaint regarding the Franchisee's service under this Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone, e-mail or facslmile. The Franchisee shall mVond to the complaint within twerhty tour hours after the Franchises receives the complal t. When the complaint: Is refired after twelve o'clock noon on a Saturday or on a day preceding an approved holiday the Franchisee shall respond to the complaint no later than the nod day that Is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within hvenWbur hours, by telephone or faceirmlle, of the action taken to resolve the complaint. 13.3.1 $ecord. The Franchisee shall keep a written record of all complalnte it receives regarding the Frwwh%Ws service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The fort shall Wentify the time and date when a complaint was received, when the Franchisee responded to the mint, and when the complaint was resolved. The Franchisee's records and forms shag be kept up to date and shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shag be kept at the Franchisee's office and shag be avallable for Inspection by the Contract Manager during normal business hours. 13.3.2. W&D of Certain Tyres of Cornciainfs. The Franchisee shall Immediately notify the Contract Manager If the Frenchbee receives a complaint involving a claim of personal Injury, death, or property damage resulting from the Franchisee's actions In the City. The Franchisee shag provide the Contract Manager with a written report about 16 226 of 295 any such matters within three calendar (3) days after the Franchisee receives the complaint. 13.4. Customer Noncom Irk' fig. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to property prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.5. Community Cleanups. The Franchisee shall perform at least two community cleanups within the Residential Solid Waste Franchise Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall Collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 13.5.1. Soeclal Event Cleanups, In addition to the Community Cleanups, the Franchisee shall perform one annual collection event each for electronics, paper shredding and white goods. The time and location of the Special Event Cleanups shall be selected by the Contract Manager and coordinated with the Franchisee. 13.5.2 Waste Watch. Franchisee shall develop a *Waste Management Waste -Watch° Program in the City of Sebastian. 13.6. Collection for City Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four major City -sponsored festivals held annually at Riverview Park. 13.6.1. The Franchisee shall provide the City wtth five (6) solar recyding compactors and provide regular collection service and maintenance fbr each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. 13.7. Uncontrollable Forces. Neither the County nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this Agreement, If delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non -performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance If nonperformance is due to forces or events that are preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall. within a reasonable time of being prevented or delayed from 227 of 295 performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement, and the expected time when performance in compliance with this Agreement will resurne. 13.8. Cgrilimx C:fWDges for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change_ The Franchisee shah be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13,9, Qffioe. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(a) where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is dosed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for communicating with the City regarding emergency matters. 13.10. Vehicles and Eauinment. At all times the Franchisee shall have a sufficient number of trucks, Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this Agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put Into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchisee in the performance of this Agreement shall be clearly identified with the Franchisee's name, local phone number, buck number, and tare weight. Letters and number shall be at least four (4) inches high. 13.10.1 lk. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the tracks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or lass; or (b) bona fide demonstration trucks and other Collection equipment. 13,10.2. Condition of EauiDmentr At initiation of the Franchise Agreement, all collection equipment shall be in good working order. The City reserves the right to inspect all 17 228 of 295 equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and au)diiary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oft, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's vehicles, shall be in compliance with all Applicable Laws, including, without limitation, laws concerning noise, air pollution, and traffic safety. Should the City determine that the Franchisee's equipment does not meet the Chy's operational and safety standards, the Franchisee shall Immediately replace such equipment. At no time during the course of the Agreement shall the Franchisee's equipment become older than twelve (12) years. 13,10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shag service the City with an all compressed natural gas equipmentfleet. 13.10.4. EguipMOA Reg ired on Vehicles. All collection vehicles shall carry a broflm, a shovel, a fire extinguisher, absorbent materials and other equipment necessary to dean up any spilled materials. i -,I J. 13.10.5. 1 o Vehicles a ul The Contract Manager may inspect L, the operations, vehicles, and equipment of Franchisee at any reasonable time upon giving of reasonable notice and the Franchisee shall allow the Contract Manager to make such inspections. 13.11. Franchisee's Operations Managff. The Franchisee shall assign a qualified person or persons to be to charge of the Franchisee's operations within the City. Within three (3) days after the City signs this Agreement, the Franchisee shall provide the Contract Manager with a written list containing the names and telephone numbers of the Franchisee's operations manager and other key personnel, and the telephone numbers that are to be used to contact the Franchise In the event of an emergency. 13.12. Personnel. All of the Franchisee's employees shall be properly trained and qualified to perform the tasks assigned to them. The Franchisee shall provide routine training in operating and safety procedures for all of the Franchisee's -employees that are directly involved In the Collection or processing of Solid Waste or Recyclable Materials in the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Florida driver's iioense for the type of vehicle that is being driven. The Franchlsee's employees shall wear a uniform, shirt, or vest bearing the Contractor's name whenever they are Collecting or transporting Solid Waste or Recyclable Materials in the City. The Franchisee`s personnel shall not scavenge for Solid Waste or Recyclable Materials. 13.12.1. Polite and CourieoukjkjHO&.. The Franchisee's employees shall treat all Customers in a porde and courteous manner. All personnel of Franchisee shall refraln from belligerent behavior and profanity. Franchisee's personnel shall not request tips or 1s 229 of 295 rr-w, payment of any kind from Customers. The Franchisee shall promptly take appropriate action to correct any such behavior or language. 13.13. EM2ko ee Wages and Bene rt. The Franchisee shall comply with all Applicable Laws relating to wages, hours, overtime, disabtity, and all other matters relating to the employment and protection of employees, now or hereadler in effect. 13.14. Pemft and Licenses. The Franchisee shall obtain, at its sole expense, any and all permits and licenses required by Applicable Law in connection with this Agreement and Franchisee shall maintain the same in full force and effect throughout the term of this Agreement Any revocation of the Franchisee's licenses or permits shall be reported to the City within three (3) calendar days. 13.15. Public Enthv Crirnes. No Franchisee may be a person or affiliate Identified on the Florida Department of General Services "convicted vendor" fist This list Is defined as consisting of persons and affiliates who are disqualified from the public contracting and purchasing process because they have been found guilty of a public entity crime. The Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its successor. The Franchisee shall notify the Contract Manager within three (3) days if the Franchisee is found guilty of pubic entity crime or placed on the convicted vendor list. "a f c e MOL' e v r e v�e .� T 13.16. an, The Franchisee, in performing under this Agreemment, shall ram.. not discriminate against any worker, employee, or applicant or any member of the public because of race, creed, religion, color, sex, age, marital status, disability, or national origin, or otherwise commit an unfair unemployment practice on such basis. 13.17. -Natural Disasters and Other Emfrgencv Conditions - Variances from arma Services. In the event of a natural disaster or other emergency, the Contract Manager may grant a variance from the normal requirements of this Agreement Among other things, the Contract Manager may allow the Franchisee to use other routes, schedules, and disposal sites during the time period in which an Uncontrollable Force prevents the Franchisee from complying with the normal requirements in this Agreement In such circumstances, brie City shall ask the local media to Inform the public about the changes in the Franchisee's services As soon as practicable after such natural disaster or Uncontrollable Force, the Franchisee shall resume normal w V.ns. In such cases, the Franchisee shall make the City a priority. 13.17.1. Fm-nghl Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for afi costs and expenses that the City Incurs while providing the services that the Franchisee Is obligated to provide pursuant to the requirements of this Agreement, stMect to setoff for the amounts that would have been paid to Franchisee for the services. 19 230 of 295 13.17.2. . The dean -up from some natural disasters may require that the Free hire additional eminent, employ additional pm'sorrnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Fra nchbee shall riot receive any extra comp (Le., ebotre the normal compensation provided In this Agreement) to mower the costs of rental equIPMent, add0ional personnel, overtime hours, or other expenses unless the Franchisee has received written autharitation and approval from the Contact Mzrager Prior to the wank being performed. All such costs may be audited by the City prior to payment. 13.18. DWasteir Response Plan. The Franchkm shop develop and provide to the City a dtsasber preparedness and response plan by March 31 of each year. This plan shall Include provisions for additional personnel and equipment and shall establish a reascnable, vedfiabte basis for any charges. In to event that excess work resulting from a rwWW disaster Is compassable by the Federal Emergency Managenwd Agency, or any other focal, state, or federal agency, any conrpenso*n to the Franchisee shall be subject to such agency% prior approval. The Franchisee shy be familiar with Federal Emergency Management Agency documentation requirements and shaft provide the necessary dooumentatlon for submission of cost reimbursement requests. The Franchisee shag be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for add&nal personnel and equipment pursuant to this section. 13.10. Insymum 13.19.1. Watt d Q=ensaiian Ins mncxL Workers' Compensation coverage moist be maintained in accordance with statutory requirements as well as Employee's UabMty Coverage to an amount not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 aggregate by disease. 13.19Z UWAW Insurancre. The Franchisee shall, during the term of this Agreement, maintain in full force and e9ect ..amrnerc lal general liability Insurance and automobile liability insurance, which speciticsily covers an exposures incident to the Fr:ntchiseeb operations under this Agreement Such Insurance shall be with a oompany Buthcrked to do business In the State of Florida and which possesses a ndnknum, current rating of B+ Class VIII in "Beeft Key Ratting Gulde' Each poky shall be in an amount of not INS than $1,000,00O.W CmUned Single Lknft for personal body In)uy, Including, Without 11 mitation, death, and property damage Iiabllity and the general 13blity shall ktdude but not be limited to coverage for PremisealOperatione, ProducbetlCompleted Operations, Contractual, to support the Franahims Agreement or indemnity and Fire Legal Liability. In addition to the above liabkity limits, the FmnchW a shall maintain a $5►000.000.00 umbrella andfor excess Iiabflay coverage. Liability policy(=) shall be endorsed to show the City as an additional named insured as its interests may appear, and shall also provide that insurance shaft not be canceled, limited, or non-rewaed until aver thirty (30) days written notice has been given to the City. Franchisee shall provide the City with copies of current certificates of atl required insurance concurrently with execution of this Agreement by Franchisee. Fra ndtisee expressly urderstands and agrees that any Insurance KI] 231 of 295 protedon furnished by Franchisee shall In no way limit its liability to the City or its responsibility to indemnffy and save harmless City and the officials, officers, and employees of the City under the provisions of this Agreement 13.20. Indemnifica#Sp. The Franchisee agrees to hold the City and the officials, officers, and. employees of the City harmless from any and all Mibirrtles, losses, penalties, costa or damages the City, its officials, officers, and employees may suffer as a result of any claims, demands, suits, or judgments against the City, its offcials, officers, and employees arising out of or in any way related to the negligent acts or omissions of the Franchisee or its employees under this Agmemerrt. The Franchisee shall not be required to Indemnify or hold the City harmless for any act or omission caused by the sole negligence or willful misconduct of the City or its officials, officers, or employees. This indemnification and hold harmless agreement shall survive the termination or expiration of this Agreement. 13.21. Damaae. The Frandhisee including, without limitation, its agents, employees and subcontractors, shall perform ail services under this Agreement in such a manner so as to avoid damage to public and private property and shall promptly repair or pay for any such damage in conjunction with its Insurance adjustment procedures. 13.22. Compressed Natural Gas Fueling Station. Franchise shall construct, operate and maintain a full service compressed natural gas fueling station in the City limits of the City of Sebastian, Florida 9 the following conditions are met A. Franchisee shall be awarded a continuing exclusive franchise for solid waste collection in Indian River County during the term of this Agreement Corr many extension hereof and such franchise has a term of at least three years, I 1 B. Franchisee and City shall negotlate in good faith to locate or provide City property for station location and such property, zoning and all restrictions relaWd to the property and the roasts associated with its procurement are acceptable to Franchisee in its reasonable discretion; fb? C. Natural gas infrastructure is reasonably extended to the potential fueling station site; and, D. Franchisee agrees to design fueling station according to City land development regulations; and E. The parties enter into a definitive agreement regarding the property that addresses all issues raised by either party after the specific property is identified. Article 14. Adminlstrative Charges to Franchisee for Failure to perform 21 232 of 295 14.0. Failure to Pav Franchise Fee. Franchise fee payments received after the fifteenth (15s') day of the month shall bear interest at 18% per year. Except for an Uncorftllable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $5W for the first nonpayment; $1,600 for the second nonpayment and $5,000 for the thirst nonpayment Three mate payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement 14.1. Customer &Woo rnolaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to applicable terms of this Agreement. Customer service Complaints shall not Include Customer informational requests or Recycling Container requests. Customer service complaints may include, but are not lintibed to, the following: .1 Commingling Solid Waste with Yard Trash .2 Throwing of Garbage Receptacles .3. Failure to coUed Solid Waste on schedule .4 Failure to replace Gartnage Receptacles or Commercial Containers to the point of collection. 14,1.1. In the event Cust:omer service complaints received from Resclential Solid Waste Collection service customers exceed any of the foftft percentage(* ComRN rt Tme Annual 96 Monthly % Garbage, Trash and Damage 4% 0.5% Yard Trash 2.5% 0.35% of the Customers in the Franchise Area served by the Franchisee as determined on the W day of each calendar year, the Contract Manager may "$100.00 administrative charges for each incident exceeding these percentages, on a caWWar year or monthly basis as is appropriate. 14.2. 14.3. 14.4. QAOSInq Scheduled ColWftn Days aft Ammnml• Changing scheduled Collerfbn days without approval will result in a $2000.00 administrative charge per Incident. 14.6. Failure to CIND Ug e_. Failure to clean up spillage of any substance required to be cleaned up by and to accordance wb the City of Sebastian requiremernts will result In a $200.00 administrative charge per day, per lnciclent 14.6. Failure to Co®nkrtrn R . Failure to complete, either partially or totally, a route on the regular scheduled oogecdon day shall result in an administrative charge of $1,000 for 22 233 of 295 each route per day not completed, provided that no such fire will be charged due to an Uncontrollable Force or If the route is more than ninety percent (90%) complete and is thereafter completed within five (5) hours. 14.7. Other Performance StandrrlinKY)3 ive Charges. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limltadon: .1. Failure to provide dean, safe, sanitary CoNoCtion equipment .2. Failure to maintain office hours as required .3. Operator not licensed .4. Collection Vehicle not licensed .5. Failure to provide documents and reports in a timely and accurate manner .6. Failure to cover materials on Collection vehicle .7 Collection vehicles left standing on street unnecessarfly 11. Collection employees out of uniform .9. Not providing schedule and route maps .10. Speeding, upon conviction .11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year .12. Failure to respond to Customer calls In a timely and appropriate manner 14.9. f& Reoalr of Damaae. in the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable adminrsbvfw expenses. 14.10. Paument of AdminishWive Charges by Franchisee. The Contract Manager shall notify the Franchisee in writing of the Cityrs intent to assess any administrative charges provided under this Agreement. The Contract Manager shell provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10P') calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement Is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to &e City Manager, who shall conduct a review of 23 234 of 295 all of the facts and circumstances, and make a determination In w ittng. The decision of the City Manager vA be final. Article IL Default 15.0. Causes of Default . The City may bennirabe this Agreemerd. except as Otherwise provided below In this section, by giving Franchisee thirty (30) days advance written notice, m be served as hereafter provided, upon the happening of any one of the t towing events: .1. Filing of lnsoh ancv or BM*sup . Franchisee shall take the benefit of any present or fidure Insolvency st*ft. or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seceding an arrangement for Its reorganization or the m4dkestrrtent of Its Irdebledrass undue the federal bankruptcy laws or under any other law or date of the United 5tafea or any abate bare, or consent to the appoirdment of a receiver, trustee or liquidator of all or substantleily all of its property; 2- Deciamtho of Bartlauotcy. By order or decree of a CMA Franchisee shall be adjudged bankrupt or an order stall be made approving a petition filed by any of Its creditors or by any of the stodduolders of the Franchises. seeking Its reorgenh anon or the wadAwtmeot of its indebtedness under the Federal baniviocy laws or under any law or statute of the United Slimes or of any state thereof, provided that if any such judgment or order is staged or vacated within sixty (60) days after the entry thereof, any notice of canoebtlon shall be and become null, void, and of no effect unless such stayed judgment or order Is reinstated in which case, said default shall be deemed immedlate; .3. Control by Receiver. Tnustee. or UauBy or pursuant to or under authority of any legislative act, resohdion or rule or any order or decree of any Court Of govemrnental board, agency or officer having judedMon, a receiver, trustee or tiquldstor shall take plan or control of all or substantially all of the property of the Frandiisee, and such possession or control shall continue In effect for a period of sbdy days; or A. ire to Perform Services ender Agresrrant. The Franchises has defaulted, by fighV or refusing to perform or observe the terms, condition or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Cosh d Mares ru k va thereto, whether such default is considered minor or major, and such default Is not cured within thirty (30) days of receipt of wd ten rMoe by City to do so, or if by reason of the nature of such default, the sane cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee faro to oammence the remedy of such default within sold thirty (30) days fob such written notice or having so commenced shall fall ftreatfter to contirm with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default cannot be cured *thin thirty (30) days, and fiat it is proceeding with dMgw= to cue such default, and such default wM be cured within a period of tire). Failure to make timely payment of the Franchise Fee shag not be considered a curable default 24 235 of 295 .5. Renewed Unauthorized Collection. Franchisee has on four (4) occasions duff the berm of this Agreement been found to have Collected Residential Solid Wane generated from outside the Residential Sottd Waste Franchise Area from non-Customens without the prior written approval of the Contract Nlanager. 15.1. Notadthstanding anything cordained herein to the contrary, If Franchisee falls to provide Residenfal Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Fula Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is spin able to perform pursuant to Oft Agreement; provided, however, if the Franchisee is unable far any reason or cause to resume performance at the end of ten (10) worldng days, all liability of the City under this kl, ,.ment to the Franchisee shd cease and this Agreement may be deemed hnmedlately terminated by the City. 15.2. Habitual Mohator. NoWddistandfng the foregoing and as supplemental and addltbnal means of termination of this Agreement under this section, In the event than Franchisee's reed of perliomhance shows that Franchisee has t quently, regularly or repefflv* detiahtted In the perromeuhce of any of the coverarb and chanditions mqutred herein to be [wept and ped6orawd by Fmw Moles, In the reasonable opinion of the City and regardless of whether Franchisee has r.,.rrected each inditrtdual defa ut Fmndtsee shall be deemed a'9abttual vh* tor." shalt forfdt the right to any further notice or grans period to correct or came future defaults, and d of such defaults shall be considered cumulative and, collectively, shall oonstitube a condl ion of irredeemable default The City shall thereupon bow a final warning letter to Franchisee, soft forth in detail all of the facts and circumstances conethurthhg the determination of "habitual violzbor" Thy. any single default by Franchim of whatever nature shall be grounds for Immediate termination of this Agreement. In the event of any such submit deautt, the City may terminate this Agreement upon the giving of written final nodoe to Franchisee, such termination to be etliadve on the data set North In the final nodoe, and all contractual gees due under this Agreement plus any and all charges and fntemst shall be payable to such date, and Franchisee shall have no further rights under this Aliment. Immediately upon receipt of such Read notice. Franchisee shall prooeed to Deese any furtiter perrormance u ndw this Agreement. 15.3. Dam of Agreement Termination 9L2&ult Except as otrerwise provided In tuts section, termination shall be effective upon the date specified In City's written sic to Franchisee and upon such date this Agreement shag be deemed Inunedladely terminated and upon such termination all Rabity of the Clty under this Agreement to the Franchisee shall oew% and the City shall be free to negotiate with any Person for Collection services. The Francdrlsee shall reimburse the City far all direct and indirect costs of providing Intertm Can service. Arlicla IL General Provishons 26 236 of 295 16.0. Survival. Except as offterwin expressly provided hereK each doh In this Agreement to be peftrmed by Franchises shall survive the termination or expiration of this Agr+eerrrent. 16.1. j The burro of the City at any time to require perfomance by the Framctlaee of any provision her+ed shell In no way affect the rift of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be talm or held to be a walver of any succeeding breach of such provision or as a waiver of any provision ltsel< 15.2. $gam. No remedy herein conferred upon any party is Intended to be oduehre of any other remedy and each and every such remedy shall be cumuhahve and shall be In addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No sm* or partial exercise by any party or any right, power, or remedy under this Agreement shall preclude any other or further exercise thereofff any legal action or other proceeding Is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation In connection with any provisions of this Agreement, each party shell bear Its own costs. 16.3. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to Interpret or enfoe the Agreement will be held In Indian River County and the Agreement will be Interpreted aocxxdbV to the laws, of Florida. The parties hereto expressly wells all right to trial by jury of any dispute relating to this Agreement. 16.4. §MMMbft The inva li ty, illeg allty, or unenforcegbift of any provision of this Agreement, or the , .. mwce of any event rendering any portion or provision of this Agreement void, shall In no way affect the validity or enforceabifity of any ocher portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not oordaln it* parficular portion or prom field to be void. The paatles further agree to reform the Agreement fo replace any stricken provision with a valid provision do comes as dose as possible to the hter t of the stridden provision. The provisions of this Section shell not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement, at the option of the City, be determined to be void. ;':. AM, I --: .,j: :_1 ►_'.tl�[ .rill 16.6.1 Assio =%2 of Entire An No assignment of this Agreement or any right occurring under this Agreement shag be made In whole by the Franc without the express prior written consent of the City. The City shall have full dWxetlon to WPM or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and vold and shag be grounds for the City to dedere a 0 237 of 295 default of this Agreement and Immediately terminate this Agreement by giving wrftben notice to the Franchisee. Upon the date of such notice, tits Agreement shall be deemed I rrnedla ety terminated, and upon such termination all bblRy of the City under ft Agreement to the Franchisee shall cease, and the City shaft be free to negotiate with any Person for the services that are the subject of this Agreement, In the event of any Permitted asslorment assignee shall filly assurne all the DWOM of the Franddsee under this Agreement 16.62 fly Intention& Blank! 16.6. Moditbatigg gf the AareemeThis Agreement constitutes the entire agreement and understanding behyeen the patties hereto and supersedes all prior and contemporaneous agreements and understandings, representation and warranties, ma t m, whether oral or written, relating to such matters and this Agreement shall not be considered modified, altered, changed. or amended to any respect unless to writing and sgn ed by tho parties hereto. Such modification shag be In the form of an Amendment acc ubed by both parties. 18.7. Indeoandence of Parties. It Is undwsbood and agreed that nothing herein contained is intended or should be construed as In any way establishing the relationship of oo-parrtners or joint venturers, between the pardes hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee Is to be and shall remain an independent contractor with respell to all services performed under thisAgmernent 16.8. $fin of Diseuteq. Except as smelly provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the derision of the Contract Manager, with right of the Franchisee to appeal to tlrst the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchisee othermae. 16.9. jZenmseftaPm of Om Fri. The Franchisee represents that: (a) It Is a corporation duly organized under the laws of the State of Flodde; (b) this Agreement has been duly authorized, executed, and delivered in the Stabs of Flodda; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understoodt and am voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The trams of the Agreement shall not be construed against either party as the Odr&W of the document 27 238 of 295 16.11. . All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contrad Manama and by the City to the Franddsee's Pmject Manager. each of whom shall be designated and Identliled to the other party, in writing, upon execution of this Agreement. Arty notice, demand, communication, or request required or permitted under this Agreement shall be in wAtIng and delivered In person or sent by certified wag, postage prepaid as folo As to the City: City of Sew 1228 Main Street Sebastian, FL 32M Atientlon: City Manager Copy to: City Attiatnsy As to the Fran: Waste Management b m of Florida rJo Harris Sanitatbn 7382 Talon Ddw West Melbourne Florida 32904 Attention: Dbd t Manager Copy To: Waste Mana�entsn 6 Irrc. of Florida 2700 NW 48 8b+est Pompeeo Beach, Florida 33073 Notices shall be efkc ive when received at the address as spefed above. Changes In the rive address to which such nonce Is to be directed may be nWe from time to time by written rrotice. Facsimile transmission is acceptable notice etfedive when received, provided. however, that facsimile transmissions received Q.e.; printed) eterr 420 p.m. or on weekends or holidays, will be deemed received on the rod day that is not a vmelmnd day or a holiday. The original of the notice must addifionaily be mailed. 10-12. Ccwftmft. This Agreement may be executed In one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument,. 16.13. Headim Captions and headings in this Agreement are for ease of reference only and shall mot consftft a part of this Agreement nor ~ its mering, cordon, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. 28 239 of 295 0RDIN4ME NO.0-13-03 AN ORDINANCE OF THE CITY OF SEBAST IAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESM,&,i,. „AL AND COMN>$RCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING PBNALTUS FOR VIOLATION; PROVIDING FOR SUNSET OF w6kjYLk-%r CONMUMCIAL FROVIDERS; PROVIDING FOR CONFLICTS AND EFCECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance 0-3-12 Mires on June 30, 2013; and WHEREAS, the Council has determined that it is in the best interest of the public that a single provider have an exclusive franchise for both residemial and :ml solid waste collection; and WHEREAS, pursuant to a competitive proposal process it has been determined that the public will best be served by granting said franchise to Waste Management, Inc. ofFlorida; NOW, THEREFORm,, BE IT ORDAINED BY THE CITY Comm OF THE CITY OF SEBASTIAN, FLORIDA, as Mom Section L Waste Managemeo, hr. of Florida, is hereby Smamd an mtclusive fianchise to provide residential and... mmer W solid waft within the City of Sebastian pmnumt to the provisions of the FRANCHISE AGREMENT BETWEEN CITY OF SEBASTIAN AND Wage Management, Inc. of Florida attached hereto and in ; .. , , .d herein by this rafaence as if foully set forth herein. Smc*m ;L It shall be a violation of the City Code, Punishable as provided in City Cade section 1-10, for any person or entity to provide solid waste collection within the City except in accordance with the terms and conditions of the Franchise gmted hermmder. 240 of 295 CONFLICT. AM of pads of 04WAnCeS in cOuffict hcwwith are hereby repealed. Secttan 4 EffECl'IVE DATE. This ordinance shall take effed upon adoption. The foregoing Ordinance was moved adoption by Couacilmeatberka The motion was seconded by Councilmember and, upon being put the vote was as follows: Mayor Bob McPardan Vice -Mayor Don Wright Coundlmember Ictome Adams Cauncilmcmber Andrea B. Coy Cauncilmetnber rim Hill The Mayor t>tereupan decWed this Ordiw= duly passed and adopted this /Z±day o� 2013. CnT OF EBAS A By: Mayor Bob McParden ATTES Sally A. Maio C City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. ZA. inswM MY Rico ay 241 of 295 �7310F SEBAST HOME OF PELICAN ISLAND November 17, 2022 Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 ADDENDUM #E2 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon@cityofsebastian.org TO: All Parties Holding Specifications: The City, at its sole discretion, shall reserve all rights to award this proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. The Mandatory Pre -Proposal meeting has been rescheduled for Wednesday. November 30. 2022 at 10:00 A.M. Local Time, in the City of Sebastian Council Chambers located at 1225 Main Street, Sebastian, Florida. This mandatory Pre -Proposal meeting will allow the Proposer the opportunity to inspect the worksite and bring forward any questions concerning this Proposal. Deadline for the City to receive questions has been rescheduled for Monday. December 5, 2022, at 2:00 P.M. Local Time. Questions can be sent via c-mail to dwixon(d?citvofscbastian.ore. Proposers are responsible for verifying questions were received by the Procurement contact. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Proposers in submitting their Proposals. The Proposal opening has been rescheduled for Thursdav, December 15. 2022 at 2:00 P.M. LOCAL TIME, in the Citv Council Chambers. Oniv the NAME of the firms who submitted a response to this Request for Proposal will be read aloud. Date: Company Name: Written Signature: Printed Signature: 242 of 295 ofl �N SEBASTL_" HOME OF PELICAN ISLAND November 21, 2022 Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services FROM: Don Wixon City of Sebastian I225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon@cityofsebastian.org TO: All Parties Holding Specifications: The City, at its sole discretion, shall reserve all rights to award this proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. 1. Q. On page 16 under the "Background" title it mentions "Collection of commercial recycling ..." Should this read "Collection of residential recycling..." A: Commercial Reeveline is an oven market. and Residential Reevcline the Countv manages. Q. On page lb under "Current residential collection service includes the following" title, the 3rd bullet states "electronic waste and tires". Is this a typo? The current contract does not include electronic waste and tires. A: No, this is not a tvvo, but we have decided to remove. Electronic Waste and Tires due to the fact these materials are collected at the two (2) SDecial Community Cleanuv Events. but contractor will still need to collect bulk and white goods. 4. Q. On page 18 under "Scope of Work", it includes electronic waste, light bulbs, batteries and tires for residential collection services. These waste types cannot be comingled with residential sold waste and will need to be collected separately. Was the intent to require a separate type of collection for those categories? A: These items have been removed from On -Call DickuD due to the two (2) SDecial Community Events. 243 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 5. Q. In an attempt to control cost, would the city consider eliminating the collection of electronic waste, light bulbs, batteries and tires for residential collection services since the City and its residents have access to the 5 county convenience centers, as well as the Main County Landfill, that already accept these materials at no cost to the City resident. A: Please see the answer to question 3 and 4. above. 6. Q. On page 18, please clarify on Category 1 that it is manual yard trash, as it does not include it there, but does include "manual" on Category 1. A: Yes. it should read "manual." The contractor can use whatever method thev choose but vegetation will not be reauired to be containerized. 7. Q. On page 19, please clarify the intent is to add electronic waste and up to 4 tires per year for residential collection. A: The Citv will no longer require electronic waste and uv to 4 tires per year for residential collection to be collected on an On -Call basis due to the two (2) Special Communitv Events. 8. Q. On page 20, would the City be open to a set charge for any additional facilities that are added to this list? A. No 9. Q. On page 20, it states "Subscription" after Commercial Service. Isn't all commercial service part of this RFP, as F1. states commercial service will be provided not less than 2x a week? A: Delete the word "Subscription." 10. Q. On page 20, it states commercial service shall be at least 2x a week, but the current contract states at least Ix a week (Article 10.1). Is it the intent of the City to require all commercial customers to increase service levels to 2x a week? A: The Citv chooses to leave collections as 1X a week. so delete all of the 2X per week collections in the proposal. 11. Q. On page 21, G. shows yard waste limitations of 4cy. Would the City be open to including the size requirements that are in current contract? 8.5.1... less than 3" in diameter, less than 50 pounds, less than 4' in length. A: Yes. that is what is written in the contract. 12. Q. On Page 18, please clarify the franchise fee percentage to be applied & an example of how the city wants the franchise fee calculation to be done. A. A Franchise Fee in the amount of gross revenues collected pursuant to the Franchise r� anted herein shall be paid to the Citv. 13. Q. On page 18, is the franchise fee that the contractor must remit on gross revenues billed or on net revenue collected? From the Contract: Franchise Fee. A Franchise Fee in the amount of % of gross revenues collected pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (15th) day of each month for all services collected by the Franchisee during the immediately preceding month. 244 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 14. Q. On page 31 shows 1, 2, 3, 4, 6, 8 and 15 yard Commercial Roll Off Containers. These sizes are not part of this RFP. Would the City consider removing them from the Proposal Form? Roll Off construction dumpsters will be removed. 15. On page 31 shows Commercial Compactor. Current contract/rate sheet only has 2 yard commercial compactor. Would the City consider removing the 17, 20, 30 and 40 yard from the proposal form? Bid should include 2 yard and contractor should use whatever other sizes contractor feels are relevant. 16. Q. On page 32 Front End Loader Dumpster shows 1 yard. Current contract/rate sheet does not have 1 yard dumpster. This is not a typical size. Would the City consider removing this from the proposal form? A.One (1) yard can be removed. 17. Q. RFP is silent on annual rate adjustment for CPI. Will this be added and would the City consider using the Garbage & Trash Index? A: This is presently addressed in the existing contract. Please review the contract that was attached in the last addendum. 18. Q. Evaluation procedure. Will the City please clarify the points and calculations for the evaluation procedure? Tab 4 states maximum of 15 points but if the weighted value is 2 and the highest score possible is a 5 then the total maximum points for tab 4 is 10 points. Similar issue with tabs 5 & 6. A. Evaluation procedure will now read as follows: Tab 4 — Summary of Oualifications: (maximum 5 x 2 = maximum 10 points! Tab 5 — Proiect ADDroach / Methodology: (maximum 5 x 3 = maximum 15 Doints) Tab 6 — Transition Plan: (maximum 5 x 8 = maximum 40 points) Tab 7- Pronosed Cost: (maximum 35 Doints) 19. Q. Will new garbage containers be required for all residents, or just new customers and replacement as needed? A: Yes, new garbage containers will be required for all residents. 20. Q. The RFP is silent on billing option for Universal Service options. Would the City consider tax roll billing for universal service options? A: The Citv has to reach an agreement with the tax collector concerning this matter. If the Citv should choose universal. the Citv would send out the first invoice. then future invoicing would go on the tax bill. 21. O. Paee 8 Prompt Pavment- What justifications would the city give to pay any invoice partially? Would the city consider deleting that section? A: This would depend uDon the situation and No, the Citv will not delete. 245 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 22. 0. Page 14 Termination with or without cause Due to purchasing equipment and cars, would the city please remove the without clause upon 30 days' written notice? A: Answered in Addendum #1. 23. 0. Page 16 Section II What do the 8300 active accounts include? Residential subscription, multifamily, and commercial? If so, can we get a breakdown by units of each category? A: Residential 24. 0. Page 16 Section II If the city awards for universal collection services, would the city consider doing the billing either on the water bill or non- ad valorem tax? This will provide a better competitive RFP response. A: Yes. the ad valorem tax would be used. 25. 0. Page 18 Section III What is the current Franchise fee, and do we include that in the base price of our rates? A: The current Franchisee Fee is 6% and no, don't include in the base price of rates. 26. 0. Page 18 Residential Service Options How many physically disabled and unable residents currently have backdoor service? A: Fortv (40) homes 27. 0. 19 Duplex and Fourolex Options. How many units are serviced curbside? A: Zero (0) 28. 0. Page 19 Multi -Dwelling Service Options Are these serviced by small frontload containers or carts, and how many units? A: All by carts to the best of our knowledge. 29. 0. Page 20 Collection Routes Schedule and Maps. It is impossible to provide maps if subscription services are chosen, as we will not know how to route until we know how many actually sign up for the service. We can provide preliminary maps for universal routes. Please advise. A: A new comnanv can start with preliminary maps but shall be required to submit final mans within three (3) months of contract execution. 30. 0. Page 20 Section E 3. The contractor does not offer solar compactors. Would the city consider containers to be serviced as needed? A: No, a lot of trash is managed in these areas and the Citv requires the trash to be compacted. 31. 0. Page 20 Section E 6. If the city requires two community clean up per year, then why do those items have to be included in the base services (electronics, light bulbs, batteries, paper shredding, white goods, tires,) on an on -call base? A: This has changed. Please see questions 3 & 4 in this addendum. 246 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 32. O. Section F Commercial Services(Subscrintion) Subscription, for commercial, does this mean it is optional for commercial businesses to have collection services? A: No. it's not optional. 33. O. Page 20 Section F 2. Commercial Recycling cannot be controlled by state statute, will the city remove this section? Secondly, will the city reimburse the contractor for the three free months of service? A: No. Commercial Recvcling is an open market and Residential Recvcling the Countv manages. 34. O. Page 21 Section 13. Small amounts of C&D in the containers cannot be excessive due to the weight restrictions of the carts. A: True, small amounts are acceptable. 35. O. Page 22 Section L 5. How will it be determined whether a cart is stolen, a police report, or does the contractor just need to replace the cart? A: The Citv Contract Manager shall be the sole deciding factor in all cases: however. the contractor should iust replace the cart. 36. O. Page 29 Proposal Form Residential Service. For the purpose of providing a competitive RFP, Will the city provide the actual house count of the residential services, Multi -dwelling units, and commercial containers.? A: To the best of our knowledge its' 8300. 37. Q. Can we get a list of Commercial and multi -dwelling with container size and frequency? A: Information is not available. 38. O. Page 31 Commercial compactors. How many commercial compactors are in the city? A: Six (6) 39. Q. Will the city consider an alternate bid? A: No 247 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 40, Q. Would the city consider one size cart for the residents? 95 Gallon? A: Yes. 96 Gallon is what the Citv currently has. 41. Q. In this case does the subscription option mean that residents have the ability to "opt out" of the contract altogether, and utilize another hauler or dispose of waste in another manner? If you could provide a description of subscription service that would be greatly appreciated. Is subscription service currently being utilized in Sebastian? If so, how is it currently being implemented? A: Yes. residents do have the option to out out with subscription. Yes. subscription services are currently being used in the Citv. I think if you review the proposal and current contract we are operating under you will get a good idea on how it is currently being operated. O. In the contract Communitv Cleanups (page 16.13.5.) reads as follows: 42. Community Cleanups. The Franchisee shall perform at least two (2) community cleanups within the Residential Solid Waste Franchisee Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the City.. A. Community Cleanups (page 20 Section E. Item 6) is completely deleted from the proposal: The Proposer shall perform two (2) Community Cleanup Events within the Residential Solid Waste area each calendar year. The cleanup shall include electronics, light bulbs, batteries (Universal Wastes), paper shredding, white goods, and tires. The time and location of the community cleanup shall be selected by the City Manager after coordinating with the Proposer. The Proposer shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Proposer shall collect Garbage, Trash, Yard Trash, and Bulk Trash. The Proposer shall transport these materials to the County Landfill for disposal at no cost to the City. O. In the contract Special Event Cleanups (page 16.13.5.1) now reads as follows: 43. Special Event Cleanups. In addition to the Community Cleanups, the Franchisee shall perform two (2) annual collection events each for electronics, paper shredding, white goods, electronics, light bulbs, batteries (Universal Waste) and tires. 248 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services O. In the contract Solar Recvcline. (Paee 16. 13.6.1.) reads as follows: 44. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. Compactors shall be wrapped with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director. A. In the proposal Solar Recvcline (Page 20, Section E. Item 3) shall be completely deleted as follows: The Proposer shall provide and service and maintain one (1) solar -powered compactor at each of the following: Main Street Boat Ramp, Barber Street Sports Complex Baseball Park, Barber Street Sports Complex Football Park, and Riverview Park. Compactors shall be wranned with designs showcasing the Citv of Sebastian. Compactor wrap designs shall be approved by the Citv of Sebastian designated representative in coniunction with the Leisure Services Director. In the contract. Collection for Citv Facilities (Paee 16.13.6) reads as follows: 45. Collection for City Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four (4) major City -sponsored festivals held annually at Riverview Park. A. In the Proposal Citv Snonsored Events (page 20. Section E. Item 5) shall be completely deleted as follows: The Proposer shall provide, at no cost to the City, the containers and collection of solid waste and recycling which is generated at three (3) City annual events: Independence Day Celebration held in July at Riverview Park with an attendance of approximately five thousand (5,000); Sebastian Clambake held in November at Riverview Park with an attendance of approximately five thousand (5,000), and the Shrimp Fest held in March with an attendance of approximately five thousand (5,000). 46. Q. Would the city consider transitioning to carted yard waste collection as a cost saving measure in an attempt? A: Not at this time. 47. If city would consider carted yard waste then would the city allow contractor to operate a clam truck for special yard waste pick up for a charge? A: There will be no additional charge to the residents, and 4 cubic yard waste is allowed. The contractor will decide how to collect. 48. Can the city confirm that the roll off Construction and Demolition collection open market and not a part of the exclusive franchise? A: Yes, it is part of the open market. 249 of 295 ADDENDUM #3 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 49. Can the franchise fee be shown on customer's invoices? A: No, the franchise fee cannot be shown on the customer's invoice. All answers have been provided to the best of the City's knowledge. Date: Company Name: Written Signature: Printed Signature: 250 of 295 M C( SEBASTLAN HOME OF PELICAN 15LAND November 29, 2022 Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 REVISED ADDENDUM #4 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon@cityofsebastian.org TO: All Parties Holding Specifications: The City, at its sole discretion, shall reserve all rights to award this proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. 1. RFP pg. 6, Award: does the City intend to award different groups or items of this bid? A: No 2. Residential recycling: how is this system currently operating in the City, and which hauler services this material? What are Sebastian residents currently paying for recycling, how do residents pay for this service? A: Answered in Addendum #3, Commercial Recvcling is an open market and Residential Recvcline the County manages. 3. How much contamination/contamination rate takes place with recycling carts? A: This contract does not include recycling. 4. Roll Off containers: what sizes will be considered open market under the new agreement? A: The Citv is not including roll -off containers or regulating them. It is an open market. 1 of 4 251 of 295 REVISED ADDENDUM #4 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services 5. Please describe what is expected for both Subscription and Universal options —will City bill with Universal Option? How does City/hauler currently manage account activation, delinquency & termination? Pg. 22 of RFP mentions hauler billing for Subscription option only. A: The Citv has to reach an aereement with the tax collector concernine this matter. If the Citv should choose universal. the Citv would send out the first invoice. then future invoicing would eo on the tax bill. If the Citv chooses Subscription. the contractor would handle bilking. activation. delinauencv and termination. 6. Are drop-off locations being utilized for any material? A: No. the transfer stations here in the north end of the Countv are not open for commercial use. 7. Please describe how many, type and sizes of commercial cans and containers there are in the City, and frequencies of service. Please describe same for duplexes & fourplexes and Multi - Dwelling. A: Information not available. 8. How many commercial customers receive Saturday service? Any Sunday service? A: Approximatelv ten (10+/-) on Saturday and zero (0) on Sundav unless emerLrencv situation. 9. May we eliminate one yard FEL containers? A: One (1) Yard can be removed. Please see Addendum #3. Question 16. 10. Franchise Fees: predicated on what hauler bills or collects? A: Please see Addendum #3. Question 12. 11. RFP. Pg. 16, active accounts: regarding the 8,300 active accounts, does this number include multifamily, duplex/fourplex, commercial? What is the current Residential house count? A: No. lust residential. Estimated residential house count is anoroximately 12.000+/- 2 of 4 252 of 295 REVISED ADDENDUM #4 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services 12. Current cart sizes: is there a current list of wheel -out cart sizes assigned to each residential unit? If not is there a rough estimate/percentage of sizes out on the street? A: Information not available but there are 64 and 36 gallon carts in the City. 13. Residential routes: what is the current route schedule/what areas of the City are collected M-F for each material type. Are claw trucks being utilized for yard waste or bulk collection? A: This would be the decision of the contractor. See Addendum #3. Number 29. See section 8 of the Franchise aereement. Residential collection shall be Mondav through Friday. Contractor can use whatever method thev choose but veeetation shall not be required to be containerized. 14. Regarding the three (four?) City annual events/festivals, two community cleanups and two special event for paper shredding, electronic, white goods - please describe containers being utilized and frequencies of hauls. A: For the four (4) annual Citv events/festivals the Citv will dictate the size and number of carts and this number varies from event to event. For the two (2) Special Event cleanups and the two (2) Community Cleanup events the contractor shall make the decision concerning the number and tvpes of carts. 15. Bulk piles: Will there be a size limit before a pile may be charged? Any limitations to frequency of move -out bulk piles? A: This is outlined in the contract. 16. Wheeled carts: in lieu of phone number may we stamp our website? How many carts are replaced annually? A: No and information not available. Actually. this number could vary at anv time. 17. Regarding proposal evaluation and ranking, how will the City fairly rank Proposed Costs (Tab 7) if haulers cannot determine volume of commercial containers and commercial waste? A: I would expect. you would base vour proposal off the information we have best provided and what and how you have collected in other similar sized Cities. Past Experiences. 18. Are we expected to use City's contract and CPI index, or may we submit a sample contract? If so, may we include exceptions? A: You have been asked to submit a contract: however. the Citv will probably use our existing contract with changes. 3 of 4 253 of 295 REVISED ADDENDUM #4 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services 19. Where are white goods and tires being taken for disposal? A: Tires are no longer Dart of the collection. White goods shall be taken to the Countv landfill staging area and the cost is built into the regular monthly fee. 20. In order to establish the best possible rate, historical data will be needed: • Franchise Fees: please provide the last 6 months amount of fees remitted, per month. • Current residential and commercial rates and last 12 months of tonnages, per material per month. • Commercial pricing— per cubic yard? A: Please see attached Exhibit "A". This is the best we can provide. 21. Does the City or County have the City's disposal tonnages on file for residential and/or commercial waste? A: The Countv has the data but the data is not readilv available. Residences generate aDDroximately 1.6 tons Der vear. 22. Due to the fact Commercial Recvclins is an oven market and Residential Recvcling the Countv manages, vase 20, section F. the following shall be removed from the provosal: Proposer shall develop a commercial recycling program for commercial establishments and businesses, and submit it to the City Manager for acceptance. Proposer will also develop a promotional campaign to encourage businesses located within the City of Sebastian to recycle. The promotional campaign shall be coordinated with the City Manager. The promotional campaign will be promoted through inserts in invoices to current commercial customers, plus announcements at City Council meetings, City website and City TV, and other events. The first three (3) months of commercial recycling will be without charge to the commercial customer provided the customer signs up during the commercial campaign. All answers have been provided to the best of the Citv's knowledge. Date: Company Name: Written Signature: 4 of 4 254 of 295 an S1E�AST HOME OF PELICAN ISLAND December 2, 2022 Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8232 ADDENDUM #5 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon@cityofsebastian.org TO: All Parties Holding Specifications: The City, at its sole discretion, shall reserve all rights to award this proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. 1. Q: What is the actual house count? A: 12.000 +/- homes. Our current contract is Subscription and currentiv 8.300 People subscribe to the service if we go Universal then it would be 12,000 +1-. If we go Subscription then it would be however manv people subscribe to vour services. The difference is the contracted amount versus the total number of homes. 2. Q: Can we use the same equipment to pick-up yard waste and garbage? A: We aren't going to dictate what you use, our current procedure is auto -load but it is up to the contractor to decide what eauiPment thev want to use to pick-uP debris and garbage. Just understand that routes have to be completed and what the homes Put out has to be collected. Our current bid has 96 gallon carts so you will have to figure the number out. Q: Do you have any idea what your current growth is going to be? A: The Predicted growth is 8% and it's based on in -fill lots. I think we have 1.100 vacant in -fill lots. There is some minor annexation taking place and the Citv is working on a large 2000 acre annexation, but it's not in the Citv vet so we can't Predict what will happen at this time. 4. Q: Is there any idea about commercial accounts, volumes, and quantities? Anything about commercial volumes? A: No, not at this time. this information isn't available to us. ADDENDUM #5 Pa,e 1 of3 255 of 295 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 5. Q: On Addendum #3 it said we can't bid an alternate bid. My backup question do we have to bid subscription and universal? A: What you bid on is vour choice. If you don't bid both we don't know how to compare vour bid to another that has bid both subscription and universal. Your more than welcome not to bid on something but it will be a challenge for us to compare vour bid to the other bids. 6. Q: In your current agreement that was sent to us in Addendum #1 you had Natural Gas, is that a requirement? A: Natural Gas has been removed from the most recent contract. Q: If you don't have a house count is there any way we can find information into it through the Franchisee Fees? Are there separate Franchise Fees for residential and commercial? What are the commercial base revenues? It's very difficult for us to get our arms around a proper commercial base if we have no idea what the commercial base is, or commercial revenues. A: I don't know because it's paid in a lump sum and to try and calculate all that would almost be impossible: however, we can provide a list of business licenses that we have and you could work from that information. You know what the calculations are and how much garbage a resident. restaurant, and office building produces. Please see the attached business licenses. 8. Q: In Addendum 3, Question 10 it said commercial services in the City would return to Ix a week A: Yes, because some office buildings don't need 2x a week services. Restaurants may need 2x or more a week depending upon the operation and size of the building. 9. Q: Does the current hauler bill for commercial services? A: Yes, the current hauler bills for both residential and commercial services. 10. Q: For non-payment of commercial services, do they reach out to the City and request help because the commercial property has not paid for services? Does code come and help because they are under your ordinance? A: The Citv does not intervene. 11. Q: Is the Commercial Roll Off for garbage/MSW exclusive to the franchise? A: Yes 12 Q: Is the Commercial Roll Off for C/D exclusive to this franchise? A: Municipal Solid Waste would be exclusive because it's municipal solid waste but C/D debris is not part of this contract. 13. Q: Does the proposer have to bid on all options in the RFP? A: This is vour choice. Explained in question 5 above 14. Q: What is the anticipated percentage of growth for the next five years? A: Explained in auestion 3. above. Page 2 of 3 256 of 295 ADDENDUM #5 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN ITB 22-07 — Exclusive Solid Waste Collection Services 15. Q: Can the city determine what part of the franchise fees are for Commercial businesses? A: Explained in question 7 above. 16. Q: If solid waste roll -off containers are exclusive to the franchise agreement, will the city provide those locations and services? A: Information not available: however. if you review auestions 11 and 12 above this information may help you. 17. Q: Will the city consider other containers for the solar compactors? A: No as explained in Addendum 3.Ouestion 30. 18. Q: Describe a situation where the city only provides partial payment when justified? A. The Citv is extremelv fair: however. if the hauler neglects routes and fails to perform any of the assigned work. a partial pavment may be iustified. This would onlv happen should the Citv select universal collection. 19. Q: Does the city have the option to extend the current contract to allow for ample time for the new hauler to get trucks? July 1, 2023, is a short timeline due to supply chain issues. A: Unfortunatelv not. 20. Q: On the Draft Franchise Agreement located on page 26, do we have to include 1 original and 6 copies, or can we just do the original Draft Franchise Agreement? A: I think one (1) draft of each contract will be enough for right now. Please ensure the copies are marked "Draft" and please include one (1) electronic PDF copy on Compact disk (CD) or flash drive of all the Aereement(s). Please find attached a "DRAFT" of the present City agreement, and please see the attached business licenses. Date: Company Name: Written Signature: Printed Signature: Page 3 of 3 257 of 295 %M or SEBAST�" HOME OF PELICAN ISLAND December 9, 2022 Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8232 ADDENDUM 96 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 — Exclusive Solid Waste Collection Services FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 772-388-8231 dwixon@cityofsebastian.org TO: All Parties Holding Specifications: The City, at its sole discretion, shall reserve all rights to award this proposal in whole or in part to whomever the City believes is the most responsible and responsive bidder, and is in the best interest of the City. 1. Q. On Addendum #3, Question #14, the City stated, "Roll Off construction dumpsters will be removed", as a response to the proposal form. Since MSW/Garbage roil off dumpsters are part of this franchise, will you keep them on the proposal form? A: Please see attached, 2. Q: Will the City be sending out a revised proposal form (page 31) for the following: a. Commercial Roll Off Containers — Remove 1 yard. The City has already responded in the addendum's that 1 yard will be removed from the franchise, but did not clarify if the pmposal from would be updated. b. On Commercial Roll Off Containers & Commercial Compactors. The City has already responded in the addendums that 1 yard will be removed from the franchise, but did not: clarify if the proposal form would be updated. c. For both the Commercial Roll Off Containers and Commercial Compactors, instead of the Frequency & Extra Pickups that are on the proposal form, could all these columns be replaced with just, "Per Pull", as that is how roll offs and compactors are charged in the current contract and are reflected on the current pricing sheet. d. Will the City add "Residential Cart Delivery & Removal Charge for Stop Service & Additional Cart" as is reflected in the current contract pricing sheet? e. Will the City add "Lost Cart/Customer Abuse Charge" as is reflected in the current pricing sheet? A: Please see attached. Page 1 of 2 258 of 295 ADDENDUM #6 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 22-07 - Exclusive Solid Waste Collection Services 3. Q: Disposal rates — what are the tipping fees/disposal rates for Sebastian's residential and commercial solid waste, yard waste and recycling? A: There are no tim)lncz fees/disr)osal rates, it is paid through the residential tax assessment. CID is not part of this contract. 4. Q: At the pre -bid, in reference to rear load manual collection, it was stated a company can bid how they want. A. The bid documents reaulre automated residential collection and that Is how It needs to be bid. ATTACHMENT: Revised Proposal Form/Page Date: Company Name: Written Signature: Printed Signature: Page 2 of 2 259 of 295 PROPOSAL FORM RFP NO.22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES All listed numbers stated in all sections of the Proposal Form SHALL be used solely to compare one proposal to another and is not an indication of actual service numbers. RESIDENTIAL SERVICE — CATEGORY 1 Description of Services # of Households Monthly Fee Total Monthly Fee 'A' times `B' `A' `B' SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste 4 CY max Ix/week Automated ■ On -Call Bulk Waste, White Goods, Collection for • Household garbage not vegetation or bulk items RESIDENTIAL SERVICE — CATEGORY 2 Description of Services # of Households Monthly Fee Total Monthly Fee `A' `B' 'A' times `B' SUBSCRIPTION PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste 4 CY max. 1x/week Automated ■ On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items RESIDENTIAL SERVICE — CATEGORY 3 Description of Services # of Households Monthly Fee Total Monthly Fee `A' times `B' `A' `B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 2x/week • Yard Waste 4 CY Max. Ix/week Automated • On -Call Bulk Waste, White Goods, Collection for Household garbage not vegetation or bulk items 260 of 295 RESIDENTIAL SERVICE — CATEGORY 4 Description of Services # of Households UNIVERSAL PROPOSAL ■ Solid Waste Collection lx/week ■ Yard Waste 4 CY Max lx/week ■ On -Call Bulk Waste, White Goods, `A' 10,000 Automated Collection for Household garbage not vegetation or bulk items S Monthly Fee `B' MULTI DWELLING SERVICE (six (6) or more units) — CATEGORY 1 Description of Services # of Households Monthly Fee `A' 'B' SUBSCRIPTION P)ZOPO$AL 10,000 ■ Solid Waste Collection week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, MULTI -DWELLING SERVICE (six (6) or more units) — CATEGORY 2 Description of Services # of Households Monthly Fee 'A' `B' SUBSCRIPTION P O,POSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste Ix/week ■ On -Call Bulk Waste, White Goods, $ MULTI -DWELLING (six (6) or more units) — CATEGORY 3 Description of Services # of Households Monthly Fee 6Af 6BI UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection 2x/week ■ Yard Waste ix/week • On -Call Bulls Waste, White Goods, $ S S Total Monthly Fee `A9 times cBr Total Monthly Fee 'A' times `B' Total Monthly Fee 'A' times'B' Total Monthly Fee 'A' times B, 261 of 295 MULTI -DWELLING (six (6) or more units) — CATEGORY 4 Description of Services # of Households Monthly Fee `A' B' UNIVERSAL PROPOSAL 10,000 ■ Solid Waste Collection Ix/week ■ Yard Waste lx/week • On -Call Bulk Waste, White Goods, $ SIZE IS YD 20 YD 30 YD 40 FD SIZE 96 Gallon Cart Rollout Service 64 Gallon Cart Total Monthly Fee 'A' times `B' Commercial Roll off Containers (includes container service charge) Per Pull Per Pull Container Rate Service Charge Cart & Rollout Service (includes container service charge) Frequency 1 2 3 4 5 6 Extra Pickup 262 of 295 Commercial Compactor Per Pnll Rate (six (6) in the City) SIZE per Pull Container Rate Service Charge 2 YD 17 YD 20 YD 30 YD 40 YD Front End Loader Dempster (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 2 YD 3 YD 4 YD 6 YD 8 TD Residential Cart Delivery and Removal Charge$ 263 of 295 Lost Cart/Customer Abuse Charge$ Authorized Signature Company Printed Name & Tide Telephone Number Date E-mail Address 264 of 295 ORDINANCE NO.O-23-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance No. 0- 13-03 expires on June 30, 2023; and WHEREAS, the Council has determined that it is in the best interest of the public that a single provider have an exclusive franchise for both residential and commercial solid waste collection; and WHEREAS, pursuant to a competitive proposal process it has been determined that the public will be best served by granting said franchise agreement to Waste Management, Inc. of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. In accordance with Article V of the City of Sebastian City Code, Waste Management, Inc. of Florida, is hereby granted by ordinance, an exclusive seven (7) year franchise agreement, to take effect on July 1, 2023, in order to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND WASTE MANAGEMENT, INC. OF FLORIDA attached hereto and incorporated by this reference as if fully set forth herein. The franchise agreement expires on August 31, 2030. Section 2. It shall be a violation of the City Code, punishable as provided in City Code Section 1- 10, for any person or entity to provide solid waste collection within the City except in accordance with the terms and conditions of the Franchise Agreement granted hereunder. Section 3. CONFLICT. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Section 4. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This ordinance shall take effect upon adoption. 1 265 of 295 The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of March, 2023. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN Mayor Fred Jones Approved as to form and legality for reliance by the City of Sebastian only: Andrew Mai, Interim City Attorney 266 of 295 Ono SESAS-T HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSNUTTAL Council Meeting Date: April 12, 2023 Agenda Item Title: Approval to award Wright Construction Group, Inc. as the Design Build firm to be used in response to RFO 23-01 - Design Build Four (4) Aiivort Hangars at Sebastian Municipal Airport and authorizing negotiations for a Guaranteed Maximum Price (GMT) contract. Recommendation: Staff recommends City Council select Wright Construction Group, Inc. as the Design -Build firm to design and construct four (4) Square 60'x60' Hangars to provide new leasable aircraft storage space; and authorize the City Manager to negotiate a Guaranteed Maximum Price Agreement for City Councils approval. Background: On October 12, 2022, City Council passed Resolution R-22-30 approving a FDOT Public Transportation Grant Agreement (PTGA) allowing $1,570,000 in funds for the construction of four (4) Square Hangars on previously prepared sites. Following the published invitation of RFQ 23-01, an evaluation committee independently scored and unanimously recommended Wright Construction Group, Inc., to be used for this project. Wright Construction Group, Inc., is the design -build firm that was awarded and successfully completed the new Public Works Building project at Sebastian Municipal Airport and the new Sewer Utility installation on the airport west side. This Agenda Item. Does Not Reouire the Expenditure of Funds Total Budget: $1,570,000.00 FDOT: $1,256,000.00 City Match: $314,000.00 Attachments: 1. RFQ 23-01 Scoring Tabulation 2, Resolution R-22-30 Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: 1" ° - City Manager Authorization: Date: �// 267 of 295 anoF SE-�_ N HOME OF PELICAN ISLAND Evaluation Meeting: March 20, 2023 Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8232 RFQ#23-01, Design -Build Four (4) Airport Hangars Jeff Sabo Lisa Frazier Wayne Eseltine Total Rank Miller Construction 400 360 240 1000 2 REX Construction 330 270 210 810 5 C & R Technical 250 102 180 532 9 Paul Jacquin & Son 250 160 180 590 8 P B Builders 360 220 300 880 4 Ahrens 300 220 210 730 7 C & D Construction 210 200 360 770 6 Wright Construction 320 400 360 1,080 1 SEMCO Construction 350 290 270 910 3 Upon review of the proposals from the nine (9) submittals, the Evaluation Committee recommends the following for award and authorization to negotiate a Guaranteed Maximum Price Agreement: Wright Construction Group, Inc. Page 1 of 1 268 of 295 RESOLUTION NO. R-22-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE COST OF FM445949-1-94-01"CONSTRUCT SQUARE HANGARS" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Florida Department of Transportation (FDOT) has extended a Public Transportation Grant Agreement (PTGA), FM Project Number 445949-1-94-01 for the Design and Building of four (4) square hangars at Sebastian Municipal Airport providing for 80% of the actual project cost, project cost not to exceed S1,570,000.00 and Whereas, the City of Sebastian agrees to the conditions of such funding, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said Public Transportation Grant Agreement #FM445949-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member 269 of 295 _ McPartlan The motion was seconded by Council Member Nunn :111d. llil(111 E)ut to a vote. the vote was as follows: Mayor Jim Hill aye Vice Mayor Fred Jones aye Council Member Bob McPartlan aye Council Member Chris Nunn aye Council Member Ed Dodd aye The Mayor thereupon declared this resolution duly passed and adopted this t 2th day of October, 2022. CITY OF SEBASTIAN, FLORIDA Mayor Jim ATTEST: 4k 4anettAe Vllilliams, City Clerk Approved as to form and legality for reliance by the City of Sebastian only: -y 270 of 295 MOO HOME OF PELICAN 1KMD CITY COUNCIL AGENDA TRANSAUTTAL COUNCIL MEETING DATE, April 12, 2023 AGENDA ITEM TITLE: Formal Approval for Purchase of Employee Short -Term Disability Insurance and Adjustments to Enterprise, Stormwater and General Fund Budgeted Reserves RECOMMENDATION: Approve the Purchase of Employee Short -Term Disability Insurance and Adjustments to Budgeted Reserves. BACKGROUND; COVID has caused a need for employees to use their sick time more rapidly than in years past. Currently when an employee has COVID, they are absent from work for approximately five (5) days. So when an employee does suffer from a serious illness such as cancer or heart disease, etc. their sick time bank is either depleted or minimal. The City currently provides Long -Term Disability; however, it does not take effect for 90 days. To help employees during the interim, Short -Term Disability is an option. The City's Insurance Broker, Gehring Group, went to Lincoln Financial Group, the same company who has the City's Life Insurance, Long -Term Disability Insurance, and Employee Assistance Program for a Short - Term Disability Plan. The Plan would cover all Full-time Employees working Thirty (30) or more hours per week. The benefit would begin after 7 days of an accident or sickness. The employee would receive 60% of their weekly earnings with a weekly maximum of $1,500.00. The duration of the benefit is 13 weeks which covers the 12 weeks of Family Medical Leave. The Rate Guarantee is for 24 months (Expires 4/30125). The Plan would become effective May 1, 2023. The recommendation is for approval to purchase Lincoln Financial Insurance's Short -Term Disability Insurance and the necessary adjustments to Budgeted Reserves. If Aeenda Item Requires Expenditure of Funds: Total Cost: $32,815.00 Annually Funds to Be Utilized for Appropriation: Enterprise, Stormwater and General Fund Budgeted Reserves Attachment: 1. Short -Term Disability RFP Evaluation — Effective May 1, 2023 2. Lincoln Financial Wellness Path � I fit Administrative Services Depart t Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Au* tion: Date: / ? 271 of 295 City of Sebastian Short Term Disability RFP Evaluation Effective Date: May 1, 2023 Eligible Employees Weekly Benefit Weekly Maximum Benefit Benefit Waiting Period Duration of Benefit Pre -Existing Conditions Waiver of Premium Portability WellnessPATH Rate Guarantee Monthly Rates STD Rate per $10 Volume Monthly Premium Annual Premium $Increase % Increase MGEHRING GROUP A RISK STRATEGIES COMPANY ALTERNATIVE #1 ALTERNATIVE #2 All Full -Time Employees Working 30 or All Full -Time Employees Working 30 or More Hours Per Week More Hours Per Week 60% of weekly earnings 60% of weekly earnings $1,500 $1,500 7 Day Accident / Sickness 14 Day Accident / Sickness 13 Weeks 13 Weeks None Not Included Not Included Included 24 Months (Expires 4/30/2025) $0.341 $80,194 $2,735 $32,815 N/A N/A 1 None Not Included Not Included Included 24 Months (Expires 4/30/2025) $0.271 $80,194 $2,173 $26,079 N/A N/A 272 of 295 City of Sebastian Voluntary Short Term Disability RFP Evaluation Effective Date: May 1, 2023 ALTERNATIVE #1 C:mr GEHRING GROUP A RISK STRATEGIES COMPANY ALTERNATIVE #2 Eligible Employees All Full -Time Employees Working 30 or All Full -Time Employees Working 30 or More Hours Per Week More Hours Per Week Weekly Benefit 60% of weekly earnings 60% of weekly earnings Weekly Maximum Benefit Benefit Waiting Period Duration of Benefit Pre -Existing Conditions Waiver of Premium Portability WellnessPATH $1,500 7 Day Accident / Sickness 13 Weeks 3/12 Included Included Included Rate Guarantee 24 Months (Expires 4/30/2025) STD Rate per $10 < Age 25 $0.547 Age 25 - 29 $0.547 Age 30 - 34 $0.547 Age 35 - 39 $0.548 Age 40 - 44 $0.571 Age 45 - 49 $0.588 Age 50 - 54 $0.597 Age 55 - 59 $0.612 Age 60 - 64 $0.663 Age 65 - 69 $0.687 Age 70 + $0.714 2 $1,500 14 Day Accident / Sickness 13 Weeks 3/12 Included Included Included 24 Months (Expires 4/30/2025) $0.431 $0.431 $0.431 $0.432 $0.451 $0.463 $0.471 $0.482 $0.523 $0.542 $0.563 273 of 295 Lincoln Financial Group® overview Financial wellness is a critical component of employee well- ,ing. Employers want to provide holistic financial wellness Sources to keep their employees happy, healthy, and productive at work and in their personal lives. icoln WellnessPATH° provides the tools and personalized idance to help your employees make smart financial decisions d relieve stress today so they can focus on their tomorrow. The opportunity Many consumers aren't prepared for the unexpected, and it's causing stress at work and home. Your employees are increasingly looking to you for resources and guidance. The path A holistic approach to wellness that includes a robust financial wellness resource — like Lincoln WellnessPATH — delivers what employees want from their employer. The payoff Lincoln WellnessPATH financial wellness tool and resources will help you: Strengthen your benefits package Meet the needs of your employees Increase productivity and reduce absenteeism 274 of 295 ■ ■ ■ "Employers have an immense opportunity to help build a financially healthy workplace, given the central role the workplace plays in their employees' financial lives. The end result is a more productive and loyal workforce:' Justine Zinkin, CEO, Neighborhood Trust Financial Partners Watch this video to learn more about Lincoln WellnessPATH. Lincoln Financial, COVID-19 Sentiment Tracking Study, 2020 PwC Employee Financial Wellness Survey, 2019 ©2022 Lincoln National Corporation LincolnFinanciai.com Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. Affiliates are separately responsible for their own financial and contractual obligations. LCN-4481401-030722 PDF 11/22 Z03 Order code: 0112-WELLP411.1001 _umcolri Financial Group - The numbers tell a compelling story: T T T of U.S. workers surveyed are concerned about their financial wellness in light of the global pandemic.' of full-time employees say it's important or nice to have financial wellness programs from their employer.' ! r of employees are more concerned about finances than any other issue.' Guidance for your employees' financial journey Our interactive tool guides employees step-by-step to create a financially secure future. My vven�e. sn.panoc Images are for illustrative purposes only. Talk with your Lincoln representative today about the impact Lincoln WellnessPATH can have on your benefit offering and on your employees. This material is provided by The Lincoln National Life Insurance Company, Fort Wayne, IN, and, in New York, Lincoln Life & Annuity Company of New York, Syracuse, NY, and their applicable affiliates (collectively referred to as "Lincoln"). This material is intended for general use with the public. Lincoln does not provide investment advice, and this material is not intended to provide investment advice. Lincoln has financial interests that are served by the sale of Lincoln programs, products, and services. 275 of 295 SJ-A `4' I IAI\j w ... ,try. ,. 110Mt cx Pt I ICAN IslANP CITY COUNCIL AGENDA TRANSMITTAL Council Meetin; Date: April 12, 2023 '1 & & Recommendation: Approve the purchase and installation of two (2) air conditioning units at the historical School building including the 10 year extended labor and parts warranty. Back, --round: In early March staff processed a service call in regards to an air conditioning unit at the historical School building not working. Staff called a vendor out and found that there were two (2) 2.5 ton units running one handles, both units use refrigerant r22 and were manufactured in 2006. Based on the result of the service call and the inability to repair the unit it was recommended by multiple vendors that both 2.5 ton units be replaced with (1) 5 ton unit. Staff gathered cost estimates and generated a purchase order for Sq.752.08 on March 27`" for the purchase/instalIation and extended warranty/labor for a new 5 ton unit on the East side of the building. Shortly after creating this purchase order, one (1) of the air conditioning units on the West side of the building broke down. A service call was completed and it was identified that the same breakdown was occurring to two (2) of the units Iocated on the West side of the building. 'These units were also manufactured in 2006 and use refrigerant r22 and it is recommended to replace both 2.5 ton units with a single 5 ton unit. Staff obtained a new cost estimate that totals $9,252.08. Per the City's purchasing policy all purchases over $15,000 must be approved by City Council. Due to these two replacements occurring within a few weeks of each other and being located at the same facility staff is requesting City Council to approve the total expenditure to replace (4) 2.5 ton ac units with (2) 5 ton ac units at the Historical School building for a total cost of $19,004,16. If A,enda item Reuuires Expenditure of Funds: Budgeted Amount: S25,000 Total Cost: $19,004.16 Funds to He Utilised for Appropriation: Discretionary Sales Tax Attach_ m_ents: 1. Pumliase Order and supporting documents for the past side air conditioner replacernent 2. Cost estimate for the West side air conditioner replacement /. (- Administrative Services Department Review. City Attorney Review: /J Procurement Division Review, iJr,�,/,lirv,lrlc �/� �� 7 City Manager Authori7aliun Date: ( 1�1-,�3 �f 276 of 295 vendor Ship To Jimmy's Air Conditioning & Refrigeration, Inc. city of Sebastian 46 43rd Court 505 Airport Drive west 001 EACH 1.06 8802.08000 8802.08 002 Installation of a New Allied (manufactured by Lenox) 5 ton 14.4 seer2 straight cool split for the old School. EACH 10 Year extended labor and parts warranty- ***** General Ledger Summary section **** Account 310151-606400-A2311 1.00 950.00000 950.00 PO Total 9752.08 Amount 9752 08 277 of 295 ;.!'!:.JI f ' ' ' �' _._i. ; � '� • � e. .• •1 !�: tt_ '.ice • � l.1.1.' 1. ACM11TRUCE Of PUROIAIiE ORDER. A Purchase Order Is Ebner for Immediate acceptance by the Seller. Unless promptly,ndufAed to the caatorary, the Cky wM a umi the Seftelanx the order as u ttten end will palm delffty all spedfled on the docuna t. 2. SM AGRMM£Nr. M speffcstaro, dawktga and dots ad, li tad to the Seller ukh dth order or the s111d1 d a of tftb erdw ens hereby Iroorpprated herein grad made part hereof. This contract eo l l el the entire'agrecmerm of the parties. No changa fn quarvOks, prk% spedit Mw4 extra, or sipping Inarucilors Will be allowed ate;tt on wftm authority of the Chy Pumhaahtg Deparboad. Anyiddilimal or dlifercat tem end ewtdltors preposid by the Seller are d*ct d to and hereby unless spedf c* #V eed to bythe .My. B. WEIMAWTION. The Seller hereby agrees to indemnify, save end held harmless tlha City from all dts>ard, demands NaMits and sutra of any nature h heftomw ati tg out d, becacrse at; or dw to the loeadn of die A¢reemirtt by the Stier, tM agents or aepWrim s, or due to:ery act of occurrence of GWMlon er .. of the Sailer, its a;cttts or ettrployem. h b apedtiadty uttdarstood and.egreed teat tide I dems9kation sweemeet does rot cow or fadwm* the MY for ib own negl "M or breads of CM06M 4. MDDF C1tMK The Rear may by written Order mate c hordes ki the apecMadlorm If such dwros cease en Rhacase Orden in the sewscm a h dtq time requIrid for . „ A , , . of Ceedra -1 (a)de Shcar shal promptly notify the Cigr and esdsart Ib chile for a4ustment wM*k fifteen (15) calenclai days and (b) on equIdge ae$t amoral shah be made by the City and the t onbw modrood SCMO" y. Nod" in thb dause"etocose the seller tram performirix S. DEFAULT. Time k of the aseam of this ownract wd 9 dailrery of Pt teems or rerdurlm of sengm is rot empleted by the timb prorrdwd, the Cfty MWves the right wMtoa ItabigIy, h acidtdon to fts other rights and rernedles to termlttete dds cmttrars by nOtoe irffactive wham seuoelved by the Selier, rm to stttw+t ttaros coot yet sfdpped or sewkes net yet rmvJered.-and to Fwch&se sctPsttrrie ftems of s fts clsartlteteand drwge the sager with any and all losses 4xurred. 6. 7RA MPORTATION CPAIt M T � .. ; , , „ 1 t»0asas for all shipments shop be prepaid to desdutfon. sent C.O.D. or ftftM "Na ti+ WwA the Cigh wrfAen oocsertt wM rot be accepted and will at Seller's rlsk vW be rManad to Seiler. No charger wM be allowed by the My for xn, pacdrrp, artags or dmenfalners urdess otherwise sudml;*4 in the Pwthase Other. 7. UNAvoMpXf DBAy. If the seller is adgW.in the delivery of goods purdrased under the Purdttse Order by a Baum beyond fts contrtob Seller mutt Imimediately upon r+eeeletns knaw4edge of such delor, IIAW Wyman notice to the Chy and request a ressotwis exPmTon of tune. The Ck dWi examine ft request and defamho If tte Seller is ennded to an aftrstorh. 8 QUANM. Qnnt%ks funtktmd in dress of tlhase spadiled in the Padma Order wll no be accepted and wh l be held a Seller's risk and epmM 9. Ri EMN. Materials or equipment purchased am inject m kgwzoon and approval at the Ckyfs doWnstion. The City reserves the rfgkt td rneJect and refuse sotxptetue' of itnnts whit am rat h aaecdarxe hchtn bdnroctorh; spertfltastons„ dte+fvbtSs, or dots of Seler's warranty, (tgxess or Mapped). Rejected maeaAab or equlpmertt shell be removed by, or at theerdpQrhse, of the Seller promptly attar 10. WARRANTY. The Seller wwwts that cep goods and services furnI cl herwnder v 11 condom In all respects to the teems and this ceder, Induding any draAW, NhedBmlons, or standards \ ... , ., _J hetaht, and that they will be free from totm and potent defacer in mat irtik" . ;, ; n;, wed tMs and wM be free from suds defect In dmWL hn Seller wantrds that add ftnods end servk es sre suttabie for, and will perfarm to acwtderrce with, tha putpase for which they are purchased, fabricatell, nnanutes4aetand designed for such tither proposes as expressly wbdW In this order. The City may Nun any enwmw*fmhtg or dekdhre Poems to the. Seller or reWna correction or ,, , � . , of the item to the time: the defect is dlscovered, all at the Selat's risk and expose. Am"Uihoe shrft not MEEM the Selterof he respanslbft. U. REGMTOR1f COMPUANCE. Seller rep >F - I aid wwwb that the foods or services fumbl" hdu ONO Wxk dltg cep bb* Pedsger Reel eorsubw forum gash) comply with all appHcal 1 standards, mutts and regulslkm In el3led under the of all Federal, Ststs and local laaa, rules and rogulaft s as applicable, Indudlchg the Dtzu nWnal Safety and Health Act as amended wfth relpm to duo" o wam uton, manufacture or use for deck Intended pxpese of said goods or services. Selu 4 A fumish'Aatmtsl Saiegr slate Shaeb' tnoocthpAarios with des tacr Wa.Rtght To Know law, FWcida Statute Chapter 442. 12. ROYALTO AND PATENM Saber shalt pay all royaltes and Cleanse fees. Saner 00 defend el sub and claims for befingement of any potent ccpptSM er trademark r thb and shall mold the City harmless from loss on acbkM hereof. 11 DURANCE. The Settler shell maintain Instranceas spedtlsd or es otherwise ctgadtW br the dtv. 14. PAYMENT. Paymtartts wig bo made within SO days of the terms of the face of this order, or the Sdtees Invoke, whichever are mare bworabie to the City and paymort dote therefore shall be calculated from the recelpt of Invoice or Owl acceptance of the iooda, Whichever Is later. 15. tDEIntACAT1ON. Invoices in dupoots With pdoea cat art and BWft to ror►ed Purchase Order Moonier meat be sent to the address shown an the face at this order athern8e payment of Sellers scoount mxv baddirVed. The Purchase Order Humber slhaA appear on all Invoices, bo" paw, dgppbV doarmerets and mrrespo denbco and the Ast of contents shell be encbsed to each box or padow 16. TERMINATION. Suyar may, at my time, u mhate this order in whole or In part by written or telegraphic rhotfoe or verbil notice cordirmed to wr Ift Upon tetmlrtattoh for ., , i'v�ii. of the buyer: the BuVerw[D asume respordli ty for spedfte controduat or selmduled f;nancisl eontrltttrnents Trade pda to rattw of tamktstton. Arty and all ser*i% PmPMY, per, or mahriah provided durkrg or resuff1Et$ froth the Contract 00 b=. a the prop" of the &W. 9, however, termination Is ocuftwd by the Seftes Preach or any eoetdtien hereof, Induft breach of warranty, or by Sobers delay, extxtpt due to drtxRnt rAs baprid the Sellers coved and wtlhart SeWs fault or negdgertoe. Seller shall nap be entfted to afy dalm or c au or to any profit and Buyer shall hove.asat►ut Seft all remedies VvAded by law and equity. 17. TAXES. The atV Is exempt from am and focal mum. Exemptions number is printed on the reverse We hereof. 7Ms Order shay serve as the exemption oedfficete. 18, CAW GMEUMC, This wow shall be governed by end eonsIrued according to the lows of the State of Rodds. 278 of 295 772-562-8353 St omitted To City Sebastian 1320 Indian Rivor Drive Sebastian. FL 32958 Job Doscriptlon 46 43rd Court Estimate Vera Beach, FL 32968.2372 Date Estimate P Phone: (772) 562-8353 --- Etnail: Estirnatcsca jimniysair.cont 3 1 a -2023 2023- t 71 Lic.4 CAC 1814921 Project I Sarvlce Address 1335 Main Street Sebastian, Fl. 32958 1 �~ _. Proposed Scope of Work _ Total HVAC Unit fnstalletinn of a Net' Allied (Manullictured by Lennox) 5 Ton 14.4 SEER2 Straight Cool Split 8,802.08 System New Allied 4AC 17U9P 5 Ton Condenser. New Allied BCE5V60MA4X 5 Ton Air Handler; Now Allied ECBA25-10C13-IOKW Heat Strip New Themostat: of New Condenser Pad; 00 New Plyumod for Ton of Air Handier Platfornt; V0 New Refrigerant Linc Set; COMMERCIAL WARRANn-.'5 YEARS COMPRESSOR, 1 YEAR LABOR & PARTS "Picase note you %ill need au electrician to supply and install neW disconnect box & whip at the condenser and run High lvoltage wiring from the panel to the new disconnect." Optional 10 YE -AR EXTENDED LABOR & PARTS WARRANTY: **Must sign up fora 950.00 maintenance plan at least once a year to keep the warranty plan valid. Price Includes reon al of existing tNIstentirguipment, installation urnery equiplawnt, pHtmctyt to br mode as follows: rehtgtrant lockln8 ceps, safety avcrfiovs device% hurricane strapsWedowim raise awlertals 50% to Start, Balance Due L poo pertutt. labor, start up and hulance of system to factory spars. *PLEASE NOTE: PARTS & Compterlon or Equipment Installation & LABOR WARRANTY DOES NOT COVER ESISTLNG DRAIN LINES, DUC1lYORK, Start Up LO%NjNIiGH VOI.TACE WIRING OR ilE Rt GErRANTJCOPPER LINE& .lI%TVI.N` AI(' XE)TISEI1VDlt1•"WON5181,t• I't►H k % N I(IT IRN.IXANIAfW'1 OR EXPENSES DVE Try OR RUATU).TO MOLD. UNF(kRTUN 'k' 11 V. N101 11 (AS Ur'(XK FOR MANY ItEks()NC TH AT '1VVL CANNOT C-ON' Rot. NVT 5%nt0) %GI ! FtE:C(1111L1•:1i? Sl{Its l[ itit ; 1'C)t k IIV It I. Ni I Al I EAS I' I OR 2 i lgOTE: ANY £LECIVICIAL WORK NEEDED TO HE I1ONF Wit.[, HAVE TO HE DONE BY Wt propose hereby to furnish rnoluriet and A MCENSED ELErMCIAN. - NOT MCL II)ED IN PROPO SAI. tabor -complete In accordance with above speeificaitinnx. All material is guatonteed to be o< spcdited. Al! uotic.iii h . compteted In a worknumlike manner Mending to stan.ldrd praciiee... Any alt.-iation ot.deviatinn frnm above apueifitatioiis involving extra ivstc will by executed only upon written ordrN. ;nd Will btmorne- an n ars thdrke. All dpfizonenta cominpnt arcittCnt, or cktays bgmnd nur control. Owner tn tarry fire, Iniandn rind other necessary insurance: (Note: Th prir#ma} brinva[fd %rilrtn l5da%%ordate! gf £atlin2ledue tosuddenprice increase. Authorized Signature: from v-andom) __,tames E. Dupuis ALreptame urpFopusal: The 8K'%t! priors, spWti ations, and rrrrtdrtiuns aw t ausfbewr) d: are hereby at t eptrd Yuu are au(ha4zed to do the work as sperified. Puxtnent w ill Ix tnudr ay outlined rbuvG. Pri ct+ ere t+as�d tinpaytncnt rn:,de %� n)t e:lie�:k .n .'a�li C'rr.Eit i "rid fee; t�f 3S; rnu} app1;,. Dais of Acceptance -- .- _ . -- Signature: 279 of 295 772-662-8353 Submitted To City Sebastian 1320 lodimni Riv& Uric Sebastian, PL 32959 46 43rd Court Vero Beach, FL 32968-2,372 Estimate date Plume: (772) 5624353 - Lmaii: Estimateea+jittlmysaincom. 3 4'202.1 I.ic.tt CAC 1814821 Project i Service Address 1335 Main Street � bastian, FL 32958 i Job Qoscripttan i Proposed Scope of W6ric HVAC Unit Installatfan of a New Lennox 5 Ton 14.5 SF ER Straight Copl+Split System New l cnisux M1.17N( 1-t16it Quantum Coil 5 'ion Condenser, i' Lhrtn New CRA2t51IT IV-Q.tl Quatilum Col, Variable Speed 5 Tots Air I landlcr, New Lc*lox EC'RA25-14C E I OKW Heat Slrir; New Tvrr ids(al; New Condensur Pad: New Plywood for Top of Air 1-1andler Pladorm, Ndw Rel"Agertint Line Set. MMMtRC'JAL WARRANTY; 5 YEARS ('OMPRESSOR / I YEAR LABOR &PARTS 44Plcase note you will treed an clectrfcian to supply and:insiali new disconnect box & ►►itip at the Condenser attd run Hilt Voltage wiring from the panel to tiro new dixconncct,Mx -Qptlonal , WY'EAR EXTENDED LABOR & PARTS WARRANTY: 4 wNiust sip up fora ' n aintcnance plan at least once a year to keep the %warranty plan valid. ExtlMate # 2023-147 Total 954.00 Price includes removal of "Wing syxwntlequipincnt, insteflalina of new equipment, Ptivnivat to be made as fatlostr. refrigerant lneldng caps, safety aivrftnw de0ces, hurricane straps/tiedowns, mise matMais: ea% to Start. Balance I1ttr ltptm permit, labor, start up and balance of sNilern to factary specs *PLEASE NOTE- PARTS & C'omnptetinu of Equipment Installadan 81 LABOR '4'4'ARRArNTY DOES NOT COVER EXISTING DPAIN UNE.S. DUMVORK, Start Up I� w �� VCi!f'�`�] �]'�' I l,'j4,1 R R£F)i f�F.R,%hT'COPFER LINE. �'�ll !', ,4 C de ItF.rt:R llE)1 i�'t 1'�rl'1 I#i: F3F'i U Hl1�11�i11iT t I t4;t t11' 1tRP.�TIt�. U:t\i tf;I ~,tilt FXPFN' iFS Ill'i IT) 011-RE1 .%FF111 101101 1). 1-NFORT1. � �'li:i 1. MOLD ( A\ 0C(l It 1-till \l1"-i' Rl,%.S()*%i 7'II 4T 6iE CANNOT, CONT-140N.,A RF(ONIU'litiU SERA WINO, N OUR JIN 4t' I V i r t t LU, % l 1 Oft 2 11111FfiAVF,Xis NOTE: A\Y ELECi'RILIAL WORK NEEDED TO HE DUNF %l ILL HAVE TO BE DONE BY We propuct hemby to rurifith material and A LICEI,4W E1.ECTPJeIA-% tiE1T I.\C1.UBE11 IN )PROPOSAL, labor-cDmiplete Is acrardante'*itb ah0ve spedriCX1ions- AI1 utattrixT is Btttirdglted to bCa3>rccifecd. All wo:l to he crnnpletcd sn a t►nrAmaniticc manniTticctudtng to ;tankard pl,tetlCts'lluy'aitc[ataM or ticrirtinn from llarir 5nccificptitlnl iAtvlri, _a t>ateh u tsSil etc c ccculcd ants tljlun+AY�ticn ani.rs. sn(lutii: Eirentrtc tk trR cltargc, All melt cc"snywt accitlens, for Mays t beyond our control. Owncr to tarty rme: tornado and ntlwr nemex,ary sltaut,41wc. i {Nate. This price may be invalid idlitla IS days ordawor FAtlmait due to ruddco price increases Authorized Signattire. from vendars.f James E. Dttpais Accedence at' Propunai: The tslun a price., spou ificauons, and coliditsun.N are sausrktur.% & ate hemby 8t.scl1ted. )'vu Art 14,11106ZW It, do the teurk as:cpcciftcd. Payrimi. will be etude as tw[linca uh,ivc. P,iu s are hawd on pavmcut mus w itb check ur rash 0.41 Card fcc. of 3% may appt -. 09te of la0%PI8I W Signature: 280 of 295 msrauatrnn worm uraer (772 )567-3100 Est_, Conrplelron D tla z 2800 US Highway t, VII I tcach, FL 32DBO it hea4lf+D AnTorie an Renideniilt SorvrCnA of Flovda, Inc. Licenrn 0: tltaBi+rg Trod' CMC1240153, CACI813963, CFCI42828a. EC 1200855a Cl7SlUrzfR �" T—y -- Cyxri D�-&llaaaAl- •No►ot[n+orrr f cEur+rc►vr. 1 vri+c-rrniF SIZE: TYPE SIZEI:nV TYPE -Rk_er-r- SiZE_ TYPE - EFFICltcIJGY _ _ _ Ef•FIG1f NCY e Ef FICIENGY S- -- —S- - SUBTCYrAL S SUBTOTAL SUBTOTAL CUSTOMER INITIALS CUSTOMER INITIALS _- CUST17MER INIVALS — - wwartiy:• Parts _ Labor Warranty: Parts Q= Laboo Wanontyi Pans Labor gDmpnHost Exchanger ; Aou/Ccrnprtasor Hiiat Exchanger lsaar — Carnprossor Heat Exchanger 'Uetafa ptknrt*;aeQ it wana,aaj sR prom ft aw vkarA� Astep. .�.. .t flex '•'' SELECTEDOPTIcN_ 01. 02 03 otlyeallmrProot V.1 vw Plywood Dock 0UV Light SUBTOTAL $ Reeonnecl [)fain Line Q Humidifier. t l ileCmd lament slab ❑ Ceiling Saver Kk f]Dehumidifeer i $ irnd Isolation Pads (Pan &[Teal) C) Outdoor Urul Pad $ 0 LEgttid Tda Conduit Limn Drain Sdety SvAch 13 Iluc Venting C)Sidrl WGt P Seal New Connections a DuI Cormecuone TOTAL S VjWWrerd LL QTper 3 $uppot Attic Equipment p Ctrnned Io o Wn9 PI0Mxm: _ _ rigt'tanf Pipe: J Supply enum 0 Duet Modifications 0New kRecannecl PRawnheN (we ko1=inrpepearwil) 01I 0Now Retrrgewt.Prpe cover AN. Qpool( turn Plenum ol 5yslem OCASH ❑ CHECK# DI WorkO Expansion Vahre ❑Now �Rceonrwcl VNo CREOlTCARI) (LAST 40e) T-sial -Typt t i Conned to Exi§4V ©Ebc�ronicAQ Gk�" i3 Foe P'n9 0 Media Filter _ 0 Electrical Wising EXP _ APPROVAL Qeetricat QPCO (3PROS C1ub.Mombership -1 Tram (384 days) ❑ FINANCING (wah approved credit) LENDER 0 Comfort Guaranlce 0 Noma Prot ie0bn Guararitoo. APPROVAL tt � C124-14our Scrnce.Guarantee 0 Ig046 UnconddrDrul Nbnoy Bock Guarantee fCo"hy IS pot responsible for prommling-ductwork. Sae Teams and Gond'arons can the back of this Agreemeenl for delails. • Written cuitdmw auttmrimleon wdt be. obtained before booming tmy unlorin3eun addaionat of exiandod work • ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUWEGT TO THENOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. • BUYER'S RIGKT TO CANCEL: Title Is a home solicllation sate, and if you do not want the goods or services, you may cancel -this agreement by providing written notice to the seller In person, by telegram, or by mall. This notice must Indicate that you do notwant the gtrodz or services and must be delivered or postmarked before midnight of the third business daft after you sign this agreement. It you cancel this agreement, the seller may not keep all or part of any cash doom payment. Seethe; reverse side hereof for an explanation at this rignt. • I.acknowtadgb that my nght to cancel haw been explained to me orally and in writing, and without wain nQ my nglI cancel, I aulhonze the performaieoe of Iho,work, wbiecl la a4 terms and canda-ons set torih on the reverse sioe ienrool, plus arty laxos [Aron completion. Notltm To Owner • Do not sign this home Improvement contract In blank. You era entitled ton copy of the contract at the time you sign- K"p into prolecI your legal rights. This home Improvement contract may contain a mortgage or oingrwfse create a lion on year property that could be foreclosed on If you do not tray: Be sure you understand all provfalo» of the contract Defers you plan. �ugiORE[rt810r6e1rR[: - - 0A1i COW ART REPRL`3ENA 1191 — - fiL'&tOM1r£RyItlNAr £' __ -- DV�It: DATE 281 of 295 A=k RNIOL[I AjAIR.-CONVITIONING PURCHASE AGREEMENT (772)580-11003 1(321)952-5511 "Ymw. Hometown AC c W '' , Omer Now e: OwnK AddrM-. EMIM: Cft, Sww, Z4r. .7.e b4e��I� F4 a951 JobAddress: Mane (sp —f7'.. 7, RJ V, ?L -3 1 -!a 2 'ns"D ["Ate: Oolfflu TCM.- Bread: Type; R .60 A 610 V, 4e Ar4een4,v- 45'vsleen / aptionz TOM seer. Ton. Type: Web Brand: TV", Heat L,%Qopt: .' - . - - I/ L _ 0 - — — - - - - - - - - - I . TOWI brialiffilft Tau Tool WAMMU $ Warramly. CW" parts f Libor *I-1y; Como Pons ubal Wa"'a'My. Camp Parts Lab( FftkdIftTWW% FftW*NOAW*k ftW=gW FOOL All Wwkis dM En v;cWdarx9WOHWsft Coda WW parm% n mquh& Ir F. W'601119ft Pads a'-MMWe=rASsiivr Ci--$WW-P#*tvCfi5'n "-- 51 M jp��iEiiw- gnrDraln SAW Switch I�Clean Up AM Debris . W-PAVALOat aline flush & Premure Test 1 Year W. - , - Inspe-Won Plywood Ded1jM1eVjfI Lear "SeW New ConneMns 6%mwfte 4. vinsu'hAe &Seal Retum NJ I RIWL RUN I MAM IN k----JWq& e lacy e 7 e DOW.- CotnpRep: C) P "%- Mat: Dam Tema 0 Lash 13 Meek A El Financed 0 CC# Ev. AO*1211"Offtpowk The above prices!, qmdftatm andmWitim are satisfactory and are herby accepted. You are authorized to do the work as spWfic, ant well bafttW6=avWned above. Payment in fats due uponnnphminn. VNM caw '*OWO4=6%*kO= Ovauac "tq=ft Vk-'dj OrSWzftvW gwar'wv& kv"a*m bf PvAAq wn&, urnwer =w3i wksm thm P-- -vixhwr%-p haw fi-, dpma. wwww iornaldimir ram r;trIR1finq7 282 of 295 Alit CON l)f'i'I();N'1N(; [�— yI\t h: 1971 PURCHASE AGREEMENT (772)589-1063 I (321)952-5511 'Four Hometown AC company' Owner Nanile: f-� 1 - r ,' 'bate: OwnerAddress; .y �.j'� ��''-� ' ! ._ _ Email: 17 z... ��.,+1W,, .r"_1. ��r.�•F . , City, State, Zip: _ _ .1 _ ' r Job Address: 1 �� Option 2: Ton: e i Seer: 'f i Brand: t .. Type: Heat: + Price: 5 R� f l 1A(Zi1 ti r -t• 1 ' Opt: "# / •! Option 2: Ton; Seer: Brand: Type.. Price: S IAQ Opt: Heat: Total Investment: S-...''` _ - Total Investment: $ r Option 3: Ton: Seer- grand - Type, Heat: Price; S IAQ Opt: 'Total investment: S Price Includes: Taxes, Peaamits, DiScoynt5• Rebales and Fees All work. is done.Irt accordance wito exisrng codes and-perrnitt, as required. T JAC ( j :7 Weatherproof Disconnect 01 Breaker Replacement Ci Remove Existing Ettulpment n Equipment Pbd '[ 0 Corrosion Package 71 Drain Safety Switch 1-7 Clean Up All Debris 3 Isolation pads 14 s 3 Thermostat ; �" +` ' J line Flush & Pressure Test 1 Year Maintenance Inspection 7 Curnpresaor Assist Kit .'l New Plywood Deck r . t r : 7 Seal New CohneCtionS (3 Satisfaction Guarantee L77 Surge Protection 71 Ceiling Saver I(it' �'i-• � A : ,� • rl - Insulate & Seal Return CannedtgF ��f?�e %i flew T-stat W€re• ►-1 Cennect to Existing Ductwork; supply / Return Plenums* Connectie E tRLi� r ~ • r 10. $�tefrtgerant nes' 3 New Refrigeran[ lines v 0 Reconnect Drain line e • Ailaltwdkmtneededtas meetairrentbuBdfrlg oodes and manafachm"s requirements or tp From* campleta bttttlnation are the nelipolatboy of the hameowNw. jt t' ! :L : rf �.i r? `� l y f� �t�uf/� ; r/ Customer: r + - Dare: Comp. Rep: Option: ! In€Hal: Date: Terms: 1 Cash 1 Check q_ `1 financed -i CCtr Exp- Acceptance of Proposal; The above prices, specifications and conditions are satisfactory and are herby accepted. You are authorized to do the work as specified Payment will be made as outlined above. Payment in full is due upon completion. WJARSR*WF to mctt YMl nahaart104Mi[�:�r.+n[4,01111M-0M[htreMs•x vry utirt�[^•1Y r7ntr'7h.i Te"11111 t"T', brh: a w-nt^[.;1: Nu't Wo •[Lrr[On (Nl wo4L./ra[ 7hn�wvr srwwwvc iwi VDudora`war,1"tend}mtC[Mnar'7•rwgWG[.e•ra,br, pQltTi•Yre Drenten���r7 a!1'+eie4bssNit tler AkerMt,/n tMaireemeaa ri trh[ rMYa N1aC[ter4m. the sk'e—ul, rr kMpar oe pen V an4.jksnew""ay1 v Cu cr'..al[pns errsWbjlr to I R•siotk ''ee Rev. 3j28/2D22•Seebacklnrdetails www arnoidimir rr'tnr>t rpr}Q}�rla7 283 of 295 A/C & REFRIGERATION 772-562-6353 Submitted To City Sebastian 1320 Indian River Drive Sebastian, FL 32958 Job Description 46 43rd Court Vero Beach, FL 32968-2372 Phone: (772) 562-8353 Email: Estimates@jinimysair.com Lic.# CAC 1814821 Project 1 Service Address 1335 Main Street Sebastian, FL 32958 Proposed Scope of Work HVAC Unit WEST UNIT: Estimate Date I Estimate # 4/3/2023 I 2023 220 Total 8,302.111 Installation of a New Allied (Manufactured by Lennox) 5 Ton 14.4 SEER2 Straight Cool Split Q, 0 Smaern New Allied 4ACI71,59P 5 Ton Condenser, New Allied BCE5V60MA4X 5 Ton Air Handler; New Allied ECBA25-IOCB 10KW Heat Strip; Lyt 1 New Thermostat; New Condenser Pad; New Plywood for Top of Air Handler Platform; New Refrigerant Line Set from outside of building to condenser only; New Armaflex on lines and put other set under pressure; COMMERCIAL WARRANTY: 5 YEARS COMPRESSOR / 1 YEAR LABOR & PARTS *"Please note you will need an electrician to supply and install new disconnect box & whip at the condenser and run High Voltage wiring from the panel to the new disconnect." Price includes removal of existing systemlequipment. Installation of new equipment, Payment to be made as follows: refrigerant locking caps, safety overflow devices, hurricane straps/tiedowns, mist materials, 50% to Start, Balance Due Upon permit, labor, start up and balance of system to factory specs. *PLEASE NOTE: PARTS & Completion of Equipment Installation & LABOR WARRANTY DOES NOT COVER EXISTING DRAIN LINES, DUCTWOM Start Up LOWIHIGH VOLTAGE WIRING OR REFRIGERANT/COPPER LINES. JIMMY'S A/C & REFRIGERATION WILL NOT BE HELD RESPONSIBLE FOR ANY REPAIRS, DAMAGES, OR EXPENSES DUE TO OR RELATED TO MOLD. UNFORTUNATELY, MOLD CAN OCCUR FOR MANY REASONS THAT WE CANNOT CONTROL. WE STRONGLY RECOMMEND SERVICING YOUR HVAC UNTI AT LEAST I OR 2 TTMI Fti A YEAR. NOTE: ANY ELECTRICIAL WORK NEEDED TO BE DONE WILT. HAVE TO BE DONE BY I We propose hereby to furnish material and A LICENSED ELECTRICIAN. - NOT INCLUDED IN PROPOSAL. labor -complete in accordance with above specifications. (Note: This price may be invalid within 15 days of date of Estimate due to sudden price increases Authorized Signature: from vendors.) James E. Dupuis Acceptance of Proposal: The above prices, specifications, and conditions are satisfactory & are hereby accepted. You are authorized to do the work as specified. Payment will be trade as outlined above. Prices are based on payment trade with check or cash. Credit Card fees of 3% may apply. Date of Acceptance Page 1 Signature: 284 of 295 A/C & REFRIGERATION 772-562-8353 Submitted To City Sebastian 1320 Indian River Drive Sebastian, FL 32958 Job Description 46 43rd Court Vera Beach, FL 32968-2372 Phone: (772) 562-8353 Email: Estimates@jimmysair.com Lie.# CAC 1814821 Project I Service Address 1335 Main Street Sebastian, FL 32958 Proposed Scope of Work Optional 10 YEAR EXTENDED LABOR & PARTS WARRANTY: "Must sign up for a maintenance plan at least once a year to keep the warranty plan valid. Estimate Date Estimate # 4/3/2023 2023-220 Total 950.00 Price includes removal of existing systeurlequipment, installation of new equipment, Payment to be made as follows: refrigerant locking caps, safety overflow devices, hurricane straps/tiedowns, mist materials, 50% to Start, Balance Due Upon permit, labor, start up and balance of system to factory specs. *PLEASE NOTE: PARTS & Completion of Equipment Installation & LABOR WARRANTY DOES NOT COVER EXISTING DRAIN LINES, DUCTWORK, Start Up tnW/Ftlf_H Vn1.TA[.F W1R1Nf.l1R RFRRr!'_RRANTIfYIPPRR I.INFC JIMMY'S A/C & REl:ERA'S rSll: FOR ANY REPAIRS, DAMAGES, OR EXPENSES DUE TO UR;ELATED -i U MULD. UNFORTUNATELY, ELY, MULD CAN OCCUR FOR MANY REASONS THAT WE CANNOT CONTROL. WE STRONGLY RECOMMEND SERVICING YOUR HVAC UNIT AT LEAST 1 OR 2 TnIRS A YEAR. NOTE: AN1'Y ELECTRICIAL WORK NEEDED TO BE DONE WILL RAVE TO BE DONE BY We propose hereby to furnish material and A LICENSED ELECTRICIAN. - NOT INCLUDED IN PROPOSAL. labor -complete In accordance with above specifications. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation Isom above specifications involving extra costs will be executed only upon written orders, and will become an extra charge. All agreements contingent accidents or delays beyond our control. Owner to carry tire, tornado and other necessary insurance. (Nate: This price may be invalid within IS days of date of Estimate due to sudden price increases Authorized Signature' from vendors.) James E. Dupttis Acceptance of Proposal: The above prices, specifications, and conditions are satisfactory & are hereby accepted. You are authorised to do the work as specified. Payment will be trade as outlined above. Prices are based on payment made with check or cash. Credit Card fees of 3% may apply. Date of Acceptance Page 2 Signature: 285 of 295 rnrcc EST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council MeetingDate; April 12, 2023 Agenda Item Title: Discuss Uniform Categories in Charter Officer Contracts Background: Resolution No. R-23-03, Section 1, provides that, "City Council shall annually set and review goals and objectives for the City Manager, City Attorney and City Clerk at a public City Council meeting in June. Prior to the June meeting, Council Members will provide their goals for the Charter Officers to the Human Resources Director who will draft up these goals and objectives in a common document for City Council Consideration in June." Recommendation: Review proposed contract categories to create a uniform contract doeumen.t to be used during contract negotiations with the Charter Officers. Attachments: Resolution No. R-23-03, proposed categories, goal setting worksheets Administrative Services Department Review: City Attorney Review: , Purchasing/Contracts Manager: City Manager Authorization: Date: —1%9 „/r,A 286 of 295 RESOLUTION NO. R-23-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTINGS, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-21-04, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to establish procedures for charter officers for goal settings, evaluations, wage adjustments or other increases in compensation, and re -negotiations of employment agreements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall annually set and review goals and objectives for the City Manager, City Attorney, and City Clerk at a public City Council meeting in June. Prior to the June meeting, Council Members will provide their goals for the Charter Officers to the Human Resources Director (HRD) who will draft up these goals and objectives in a common document for City Council consideration in June. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURE. HRD shall prepare and recommend forms to the City Council before June 151 of each year for the evaluation of the Charter Officers. Said forms will reflect each Charter Officer's duties and responsibilities. No later than July 15' of each year, City Council members shall complete an annual evaluation for the City Manager, City Attorney and City Clerk by using the forms provided by HRD or by using whatever other method each individual City Council member deems appropriate. Each City Council member may conduct a private oral interview with one or all of the Charter Officers on an individual basis, if that City Council member deems it necessary. SECTION 3. WAGE ADJUSTMENT OR INCREASES IN COMPENSATION. At a Meeting in July of each year, the individual City Council members shall publicly comment on the method they used to evaluate each Charter Officer and summarize the results of their evaluation. Following those comments, the City Council may vote to grant merit increases to the City Manager or City Attorney or City Clerk that the City Council deems appropriate. SECTION 4. RE -NEGOTIATION OF EMPLOYMENT AGREEMENTS. The Charter Officers' Employment Agreements are subject to re -negotiation every three (3) years, if the Charter Officer request that it be re -negotiated one (1) month before the three (3) years expires. However, if the Charter Officer chooses not to renegotiate, the City Council, at their discretion, can re -negotiate the Charter Officers' Employment Agreements. Otherwise, the Employment Agreement will continue in force for three (3) additional years, for purposes of re- negotiations. The re -negotiations, if any, shall be handled by the City Mayor, in consultation and support by the Chief Financial Officer (CFO) and HRD. SECTION 5. REPEAL. This Resolution repeals Resolution R-21-04 in its entirety. SECTION 6. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are 287 of 295 hereby repealed. SECTION 7. PROVIDING FOR SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 8. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Council Member Dodd . The motion was seconded by Council Member McPartlan and, upon being put into a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn nav Council Member Kelly Dixon nay Council Member Ed Dodd aye Council Member Bob McPartlan aye The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly passed, and adopted this 81h day of March, 2023. ATTEST: anetle Williams, MMC ty Clerk CITY OF SEBASTIAN Fred .!ones, Mayor Approved as to form an legality for reliance bAe City S,g i4tfan only: --`Mayiny Ariof% Jr., Cy Attorn y , 288 of 295 PROPOSED CATEGORIES FOR CHARTER OFFICER CONTRACTS SALARY COLA/SALARY INCREASES HEALTH/DENTAL/VISION INSURANCE LIFE INSURANCE DISABILITY INSURANCE CITY'S 9% CONTRIBUTION TO 401 a VACATION TIME SICK TIME DISCRETIONARY TIME PROFESSIONAL ASSOCIATION DUES/SUBSCRIPTIONS/SEMINARS REIMBURSEMENT OF EXPENSES RELATED TO PERFORMANCE OF DUTIES MILITARY LEAVE VEHICLE BENEFITS AFFORDED TO OTHER FULL-TIME EMPLOYEES RESIDENCY EXCLUSIVELY EMPLOYED TERMINATION WITHOUT CAUSE NOTICE OF SEPARATION INDEMNIFICATION 289 of 295 L"ITi' OF SEBASTV% HOME OF PELICAN ISLAND City Manager Goal Setting Worksheet for 2023-2024 Instructions and Guidelines Goals are statements of end results expected within a specified period of time How are goals defined? For each goal, describe the end result and indicate quantity, quality, time frame, percentages or other specific measures. Each goal should fit into and support the overall strategy of the Business Unit in this case the City. Example: To meet or exceed....; To assure that employees understand our strategy/tactics, and have incorporate them into the individual goals they have set for themselves and their staff for the year; To complete inspection reports within 30 days per policy; Frequency of Goals Goals should be set annually or per fiscal year Goals are set by Whom Goals should be set through mutual agreement between the Council and Charter Officer How Many Goals should be Set? Usually 4 or more goals are set. However, Council may require a minimum number of goals be set by each Charter Officer. Identify the Goals that should be achieved in the following areas: • Relations with the Governing Body 0 0 • Fiscal Management 0 0 • Personnel Management 0 0 290 of 295 • Managing the Organization Eel • Relations with the Public M • Relations with other Governments 0 0 • Other Goals 0 0 291 of 295 CITY OF HOME OF PELICAN ISLAND City Attorney Goal Setting Worksheet for 2023-2024 Instructions and Guidelines Goals are statements of end results expected within a specified period of time How are goals defined? For each goal, describe the end result and indicate quantity, quality, time frame, percentages or other specific measures. Each goal should fit into and support the overall strategy of the Business Unit in this case the City. Example: To meet or exceed....; To assure that employees understand our strategy/tactics, and have incorporate them into the individual goals they have set for themselves and their staff for the year; To complete inspection reports within 30 days per policy; Frequency of Goals Goals should be set annually or per fiscal year Goals are set by Whom Goals should be set through mutual agreement between the Council and Charter Officer How Many Goals should be Set? Usually 4 or more goals are set. However, Council may require a minimum number of goals be set by each Charter Officer. Identify the Goals that should be achieved in the following areas: • Relations with the Governing Body 0 O • Fiscal Management 0 a • Office Management/Professionalism C 292 of 295 • Relations with the Public 0 E0 Legislative/Legal Relations MD • Relationships with other Governments 0 0 • Other Goals 0 0 293 of 295 SEWST-"MOM HOME OF PELICAN ISLAND City Clerk Goal Setting Worksheet for 2023-2024 Instructions and Guidelines Goals are statements of end results expected within a specified period of time How are goals defined? For each goal, describe the end result and indicate quantity, quality, time frame, percentages or other specific measures. Each goal should fit into and support the overall strategy of the Business Unit in this case the City. Example: To meet or exceed....; To assure that employees understand our strategy/tactics, and have incorporate them into the individual goals they have set for themselves and their staff for the year; To complete inspection reports within 30 days per policy; Frequency of Goals Goals should be set annually or per fiscal year Goals are set by Whom Goals should be set through mutual agreement between the Council and Charter Officer How Many Goals should be Set? Usually 4 or more goals are set. However, Council may require a minimum number of goals be set by each Charter Officer. Identify the Goals that should be achieved in the following areas: • Relations with the Governing Body 0 0 • Fiscal Management 0 0 • Office Management/Professionalism N 294 of 295 a Relations with the Public • Legislative/Legal Relations 0 • Other Goals 295 of 295