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HomeMy WebLinkAbout01-25-2017 CC Agenda PacketCn 4T 5EBAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL, REGULAR MEETING AGENDA WEDNESDAY, JANUARY 25, 2.017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.020 A. Proclamation - Recognizing the 2nd Annual Storybook Forest - Accepted by Mr. Zack Hackley, Director of Finance, Early Learning Coalition 17.021 B. Proclamation - Recognizing the Four Chaplains of the U.S. Army Transport Dorchester Brief Announcements 1/27/17 — Chamber Concert in Riverview Park — Crooked Creek - 5:30 — 8:00 pm 2/4/17 — Craft Club Show in Riverview Park — 10 am — 3 pm 2/4/17 — Indian River County Historical Society's Mullet Fry at Working Waterfront — 12 — 2 pm 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 5-11 A. Approval of Minutes - January 11, 2017 Regular Meeting 17.022 B. Resolution No. R-17-02 - 4`h Quarter Budget Amendment (Transmittal, R-17-02, pgs 12-32 Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 17.023 C. Approve 2017/2018 Budget Calendar (Transmittal, Calendar) pgs 33-34 1 of 178 17.024 D. Approve Forfeiture Fund Distribution to the Executive Roundtable of Indian River pgs 35-40 County (Transmittal, F.S.932.7055, Letter) 17.025 E. Approve Forfeiture Fund Distribution to Treasure Coast Crime Stoppers (Transmittal, pgs 41-46 F.S.932.7055, Letter) 17.026 F. Approve the Purchase of 145 Windows Enterprise Licenses from SHI International pgs 47-52 Corp. Under the Florida Dept. of Management Services Contract #43230000-15-02 in the Amount of $26,226.15 (Transmittal, Quote, Contract) 17.027 G. Approve Alcoholic Beverages for Ratelle Event at Community Center on February 3, pgs 53-55 2017 from 5:00 p.m. to 9:00 p.m. DOB Verified (Transmittal, Application, Receipt) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. QUASI JUDICIAL PUBLIC HEARINGS Adopted Quasi -Judicial Public Nearing Procedures: • Mayor opens hearing • Attorney reads title of resolution City Council Members disclose ex -parte communication ■ City Clerk swears in all who intend to provide testimony Applicant makes presentation • Staff presents findings and analysis City Council asks questions of the applicant and staff • Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or public • Stafi provided opportunity to summarize request • Council deliberation and questions • Mayor calls for a motion • Council action 17.028 A. Resolution No. R-17-01 — Preliminary Plat for Commercial Subdivision known as pgs 56-73 Jackson Street Corners (Transmittal, R-17-01, Plat, Staff Report, Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS JACKSON STREET CORNERS; PROVIDING FOR CONFLICTS HEREWITH; AND PROVIDING FOR EFFECTIVE DATE. 10. UNFINISHED BUSINESS 17.003 A. Consider Sebastian Train Depot Relocation Appropriation (Transmittal, Pictures) pgs 74-87 17.029 B. Consider Planning & Zoning's Recommendation on Medical Marijuana Dispensaries pgs 88-90 (Transmittal, Previous Transmittal, DOH Memo) 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 17.030 A. Rebuild Public Fishing Piers/Docks (Transmittal, Bid Results, Pier Schematics) pgs 91-95 17.031 B. Approve RFP Process for Sebastian Municipal Golf Course Restaurant/Bar Lease pgs 96-178 (Transmittal, DTF Correspondence 12122116, DTF Correspondence 1113117, Lease, RFP) 2 of 178 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Kinchen B. Mayor McPartlan C. Vice Mayor Coy D. Council Member Dodd E. Council Member Hill 17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meetina Dates: February 8, 2017 Regular City Council Meeting with CRA Meeting February 22, 2017 Regular City Council Meeting March 8, 2017 Regular City Council Meeting March 22, 2017 Regular City Council Meeting 3 of 178 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reaular Citv Council Meetings Public input is ALLOWED under the headinas: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headinas: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinqs. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealinq 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 Headina on Aaenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 178 CM Lf SEAT -I HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 11, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular City Council Meeting to order at 6:00 p.m. 2. Reverend Ryan Maschhoff, United Church of Sebastian gave the invocation. 3. Vice Mayor Coy led the Pledge of Allegiance. 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Linda Kinchen Council Member Jim Hill Citv Staff Present: City Manager Joe Griffin City Attorney Bob Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore Community Development Manager Dorri Bosworth Police Chief Michelle Morris 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no opposition to Council Member Kinchen's request to pull Item 7C from the consent agenda. 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.001 A. Sebastian Clambake Foundation — Presentation of Proceeds to 2016 Beneficiaries Anjani Cirillo, President, acknowledged the board of directors, volunteers and community partnerships who worked hard to present a family -friendly, entertaining, great food event. She described the on-line process to be a beneficiary and acknowledged the 2016 recipients. Pat Riviezzo, Vice President, introduced the capital improvement recipients. President Cirillo asked everyone to support the north county festivals because they give back to the community; and, save the date of November 3, 4, and 5 for the 2017 Clambake. 17.002 B. Susan Adams. Indian River Countv Commissioner & Vincent Burke, Indian River Countv Utilities Director — Septic to Sewer Proiect Presentation Mr. Burke introduced Commissioner Susan Adams and County Administrator Jason Brown and through a PowerPoint presentation, he reported that the Indian River County Commissioners approved the funding mechanism for the construction cost, the benefit of connecting within a certain time, the assessment process, and the plan to examine the utility's rate structure. (See attached) 5 of 178 Regular City Council Meeting January 11, 2017 Page Two 17.003 C. Kathv McDonald. President - Sebastian Area Historical Societv Presentation Ms. McDonald said the Sebastian Train Depot was purchased and moved to Ft. Pierce by the Steam Locomotive Association No. 253 in 2010. Their lease has expired at the location and is willing to give the City back the depot for the cost of relocating it. She asked City Council to consider saving the historical asset. Mr. Hill said the depot was central to what Sebastian once was and the City should look into moving it back. The City Manager said he would begin the process and asked for Council's consensus to use the $40,000 recently received from Waste Management for the relocation. Mr. Hill suggested renovating it at the Airport and determine the final location at a later date. Mr. Dodd suggested having a structural engineer take a look at it to make sure they can do something with the building. Ms. Coy suggested making the depot a military/transportation museum on the American Legion's property. The City Manager will send someone down to Ft. Pierce to look at the structure. Brief Announcements • 1/13/17 - Chamber Concert in the Park -5:30 to 8 pm --The Ladies of Soul & LOS Band • 1/14/17 – Sebastian River Art Club Show - Riverview Park – 10 am -4 pm + 1/21/17 & 1/22/17 – Sebastian Fine Art & Music Festival – Riverview Parte • 1/19/17 & 1/20/17 – Fellsmere Frog Leg Festival – Fellsmere Mayor McPartlan announced the upcoming events and Ms. Coy added the County is having a recycling event at the North County Pool on January 21. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests, in which event, the item will be removed and acted upon separately. if a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — December 14, 2016 Regular Meeting 17.004 B. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and City of Sebastian for Calendar Year 2017 (Transmittal, Agreement) 17.005 C. Approve the 2017 Pelican Island Wildlife Festival in Riverview Park on March 18, 2017 from 10 a.m. to 4:00 p.m. (Transmittal, Letter) 17.006 D. Approve the Purchase of Seven ICOP Video Systems in the Amount of $30,377.08 from Safety Vision per GSA Contract #GS -07F -0022J for the Police Department (Transmittal, Quote, Contract, Form) 17.007 E. Approve the Purchase of One 2017 Wacker Light Tower, Model #LTN6-L4L from United Rental in the Amount of $6,900.00 for the Police Department (Transmittal, Description, Quotes, Form) 6 of 179 Regular City Council Meeting January 11, 2017 Page Three 17.008 F. Approve the Purchase of Seven Mobile Radio Systems from Communications International per State of Florida SLERS Contract #725-001-01-1 in the Amount of $30,372.09 for the Police Department (Transmittal, Quote, Contract, Form) 17.009 G. Approve the Purchase of Six Directional Golden Eagle Radar Systems from Lakota Contracting per GSA Contract #GS -07F -0192N in the Amount of $16,530.00 for the Police Department (Transmittal, Quote, Contract, Form) 17.010 H. Approve the Purchase of Ten Headsets from Rescue Operations International in the Amount of $9,293.00 for the Police Department's Special Response Team (Transmittal, Quotes, Letter, F.S.932.7055) 17.011 I. Approve Forfeiture Fund Distribution for DARE Program in the Amount of $960.75 (Transmittal, Invoice, Letter, F.S.932.7055) 17.012 J. Approve the Purchase of One Fuel Management System from PetroFin Global, LLC in the Amount of $23,322.00 for the Public Works Department (Transmittal, Summary, Description, Quotes) 17.013 K. Approve Alcoholic Beverages at Yacht Club for Scortino Event on February 19 from 10:30 am to 3:30 p.m. - DOB Verified (Transmittal, Application, Receipt) Ms. Kinchen asked to pull Item C and made a MOTION with a SECOND by Mr. Hill to approve items A, B, D -K on the consent agenda. ROLL CALL Motion carried 5-0. Vice Mayor Coy — Aye Mr. Hill—Aye Mayor McPartfan - Aye Mr. Dodd —Aye Ms. Kinchen —Aye Item C Ms. Kinchen asked if the City will be able to fill the Pelican Island Preservation Society's request to have the Yacht Club boat ramp open by the time of the festival. The City Manager at his December organization meeting with the Society some of the items included in their list were not discussed and the ramp will not be available. Mr. Hill asked if the Society could use the two large docks south of Park. The City Manager said he did offer those docks but the Society felt the ladder was too high especially at low tide. MOTION by Ms. Kinchen and SECOND by Mr. Hill to approve Item C. ROLL CALL; Mr. Dodd —Aye Mr. Hill -Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy - Aye Motion carried 5-0. 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 7 of 178 Regular City Council Meeting January 11, 2017 Page Four 17.014 A. Citizens Budget Review Advisory Board (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for Two At -Large Positions Council briefly interviewed Harry Hall and Bruce Hoffman. Ms. Munoz was not present. Ms. Norvig asked to rescind her application. It was the consensus of City Council to have Mr. Hall and Mr. Hoffman to serve as the at - large members on the Citizens Budget Review Advisory Board. 17.015 B, Indian River Countv Public School Planninq Citizen Oversight Committee — Sebastian Rer)resentative (Transmittal, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Sebastian Representative Ms. Norvig was nominated to serve on the Citizen Oversight Committee. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Mark Bondy asked what is a CRA, where the money comes from; and, if the collected stormwater fees are restricted. The City Manager replied the CRA is funded by the County and the City for a total of $352,000 per year; and the stormwater assessment is a restricted fund in regard to what it can be used for. Andrea Ring, Chair of the Natural Resources Board, announced Dr. Charles Jacobi, Lead Scientist for the St. Johns River Water Management District, will be speaking at their next meeting and invited the public to attend his presentation. Ben Hocker, Sebastian said there was a speaker before Council last year that modified septic systems at a minor cost who was supposed to submit paperwork for review. He suggested that might be a better alternative than following the County's plan for sewer. He noted a sewer system was installed in the town he was from up north and it did not help that town's bay. Mr. Hocker said a few years ago, there was a controlled burn request that was denied but one took place two weeks ago off of Schumann Drive. He asked why one request was denied and one was allowed. He also said the vendors that sell merchandise during the park's festivals should be required to display their Florida Department of Revenue tax certificates to prove they are paying taxes. The City Manager explained the recent controlled burn took place outside of City limits but he normally does receive notice if the burn will affect City residents or property. Mr. Hill explained the controlled burn that was denied was due to the safety of two nearby mobile home parks. The City Manager also said the policing of state taxes was not the responsibility of the City but he has seen a revenue agent at a previous festival. 8 of 179 Regular City Council Meeting January 11, 2017 Page Five Damien Gilliams, 1623 US Highway 1, Sebastian, said it was odd that the festival vendors are not required to display tax certificates and he commended the Clambake Foundation for not dumping the fry oil onto the grass during the clambake. He said he has received phone calls that people were cited for trespassing for discussing political topics at the Senior Center; the opportunity to bid the lease of the Center should have gone out since it is City property. He said he received a threatening letter from the Center because he was looking into their finances. He will continue to represent the veterans and the people who have a right to speak about City property. He also said the collection of occupational license fees for the Building Department should be redirected to the general fund. Mayor McPartlan asked Mr. Gilliams to direct any phone calls regarding City property to him; there was an incident at the Senior Center where people were making a ruckus and they were asked to refrain but they refused to do so. He suggested if those individuals would like to return to the Center they could write a letter of apology to the organization and they may accept them back. He requested to see the letter Mr. Gilliams received from the Center. Mr. Gilliams gave the letter to the Clerk. The City Manager responded the Building Department's business taxes have been going back into the general fund for last three years. 12. NEW BUSINESS 17.016 A. Approve Pavment to Tim Rose Contracting for Hurricane Matthew Debris Removal in the Amount of $60.401.71 and Authorize the Citv Manager to Execute Armropriate Documents (Transmittal. Invoice, Declaration) The City Manager requested the authority to pay Tim Rose Contracting for the initial 70 hour cleanup. MOTION by Mr. Hili and SECOND by Mayor McPartlan to move staff recommendation and pay the invoice from Tim Rose Contracting. ROLL CALL: Mr. Hill -Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd - Aye Motion carried 5-0. 17.017 B. Award Street Milling and Pavinq (Vocelle. Concha. Bevan. Schumann, Truman, Louisiana, and Dav) Contract to Tim Rose Contracting in the Amount of $633,250.00 and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal, Bid Tab, Agreement) The City Manager said the City Engineer identified seven segments to repair and requested authorization to begin. He noted the total cost should be $663,250. Instead of $633,250 as noted on the agenda. MOTION by Mr. Hill and SECOND by Ms. Coy to award the street milling and paving of Vocelle, Concha, Bevan, Schumann, Truman, Louisiana and Day to Tim Rose Contracting in the Amount $663,250. 9 of 179 Regular City Council Meeting January 11, 2017 Page Six The City Manager reported the contingency is 10%. ROLL CALL Motion carried 5-0. Ms. Kinchen —Aye Vice Mayor Coy — Aye Mr. Hill - Aye Mayor McPartlan — Aye Mr. Dodd —Aye 17.018 C. Award Vocelle/Barber Street Reconstruction and Pavincl Contract to Tim Rose, Contracting in the Amount of $262,541.00 and Authorize the Citv Manaqer to Execute Appropriate Documents (Transmittal, Bid Tab, Aqreement) The City Manager noted these streets require reconstruction which is more involved than milling and paving and requested approval. MOTION by Mr. Hill and SECOND by Ms. Kinchen to award the VocellelBarber Street reconstruction and paving contract to Tim Rose in the amount of $262,541. Damien Gilliams noted the last job at CAVCORP had to be re -asphalted and requested an independent firm check to make sure the City is getting the correct amount of asphalt and base. The City Manager explained additional work will be needed to raise the center at the CAVCORP lot in the spring, but in all, he was happy with Tim Rose's work product. ROLL CALL Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill -Aye Ms. Kinchen - Aye Motion carried 5-0. 17.019 D. Consider Changes to Indian River Lagoon Coalition Interlocal Aqreement (Transmittal, Agreement. First Amendment, Restated By -Laws) The City Manager explained the Indian River Coalition was formed in response to the County not joining the Indian River Lagoon Council; Vero Beach's City Attorney has drafted the amendment to have the Coalition re-emerge if the County withdraws from the Council. Mr. Hill noted the original agreement does not need to be changed, once the County is on the Council the Coalition is to disband. He did not want to create an additional committee to exist specifically for the event that the County might withdraw the Council. He added if the Coalition is needed in the future it could be formed again with Vero Beach and Fellsmere. The City Attorney explained the City has given up their seat since the County is joining the Council; the real question is whether Council wishes to have the Coalition remain in existence. Mr. Dodd cited the purpose of the Coalition is to represent the interest of the parties and asked what representation the Coalition would provide if they are not members of the Council; they accomplished what they set out to accomplish. Vice Mayor Coy said she didn't disagree with Mr. Hill and Mr. Dodd; going forward the City will not have to ask permission to talk to the Council; and the Coalition should remain because the vote to join the Council was 3-2 and with just one vote the County could leave the Council. 10 of 179 Regular City Council Meeting January 11, 2017 Page Seven Mr. Hill say the amendment states there will be one meeting per year and the chair or vice chair would attend the Council meeting so it would be a functioning board. Ms. Coy said a solid vote from the County would make her feel better. Mayor McPartlan said the Coalition could happen again very quickly with Vero Beach and Fellsmere. Mr. Dodd said the agreement exaggerates the purpose of the Coalition who would not have voice on the Council and provides the fee should be refunded to the County if they were to leave the Council which he did not agree with. MOTION by Mr. Hill and SECOND by Mr. Dodd to deny the amendment. Andrea Ring, 407 Quarry Lane thanked Council and said she agreed with Mr. Hill, Damien Gilliams said he recently attended a Council meeting where they didn't allow public input and said the Council was a waste of taxpayer money. In response to Ben Hocker, Mayor McPartlan said the Coalition's seat on the Council is $50,000 which is divided among the three cities; the City would receive a prorated refund once the County is seated. He noted between the two grants, the City received $124,000 for their contribution of $16,667 towards the seat plus the office and meeting space occupied by the Council's staff. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd -Aye Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan —Aye Motion carried 5-0 to deny the amendment to the Coalition agreement. 13. CITY ATTORNEY MATTERS The City Attorney reported the Planning and zoning Commission would meet next week to consider recommendations for their consideration regarding the passage of Amendment No. 2. 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Hill - None B. Council Member Kinchen - None C. Mayor McPartlan - None D. Vice Mayor Coy - None E. Council Member Dodd - None 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7:40 p.m. 11 of 179 LM iY SEBASTIAN � HOME OF PFLICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 25 January 2017 AGENDA ITEM TITLE: 4th Quarter Financial Report and Amendments to the FY 2015- 2016 Annual Budget. RECOMMENDATION: Approve Resolution R-17-02. BACKGROUND: Pursuant to City financial policies, budget reviews and any necessary adjustments are presented to the City Council quarterly. A capital project status report, investment report, report on General Fund Reserves and accomplishments are also included. City Council previously approved several adjustments during the quarter to allocate funds to proceed with landscape work on the CavCorp property; proceed with Airport projects; upgrade the Police Dispatch Center work stations; increase the budget for roofing repairs at the Police Station; and adjusts the budget for the payouts on the Voluntary Early Retirement Program. Formal approval by the City Council is requested on the use of balances in the Equipment and Facilities Renewal and Replacement (R&R) Reserve to cover the protective painting of the columns at the Airport Maintenance Building. The City Manager has discretion to use the R&R Reserve and, therefore, will request formal approval with the next Quarterly Financial Report. In accordance with the authority given by the Annual Budget Resolution, the City Manager has approved other budget transfers between accounts within Departments and made adjustments necessary to "implement programs, projects and expenditures authorized by the City Council." The City Manager's adjustments included budget changes to reallocate funds to/from expenditure accounts, and capital projects, as necessary during the quarter. All the above adjustments are summarized in Exhibit "A" that is an attachment to the Resolution. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: As per Exhibit "A" of Resolution Amount of Appropriation Required: As per Exhibit "A" of Resolution Administrative Services Department/CFO Review: ATTACHMENTS: 1. Resolution No. R-17-02 and Exhibit "A" 2. Quarterly Report; Quarter Ended September 30, 2016 City Manager Authorization: Date: 17 January 2017 12 of 178 RESOLUTION NO. R.-17-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted Resolution No. R-15-27 on September 23, 2015 approving the City's 2015-16 budget, also referred to as the Annual Budget Resolution; and WHEREAS, the City of Sebastian adopted Resolution No. R-16-05 on March 23, 20I6 amending the City's 2015-16 budget; and WHEREAS, the City of Sebastian adopted Resolution No. R-16-11 on June 8, 2016 amending the City's 2015-16 budget; and WHEREAS, the City of Sebastian adopted Resolution No. R-16-21 on August 10, 2016 amending the City's 2015-16 budget; and WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on September 30, 2016 indicated that an additional adjustment needed approval by the City Council; and WHEREAS, the City Council and City Manager have previously approved any other necessary adjustments in accordance with the Annual Budget Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016 be amended as necessary, a summary of such amendments being attached hereto and more particularly identified as Exhibit "A", the revised appropriations, if any, are set out therein and are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Jim Hill _ Councilmember Linda Kinchen Councilmember Ed Dodd The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of January 2017. ATTEST: CITY OF SEBASTIAN, FLORIDA LM Mayor Bob McPartlan Approved as to form and content for reliance by the City of Sebastian only: , MMC Robert A. Ginsburg, City Clerk City Attorney 13 of 178 EXHIBIT "A" of RESOLUTION R-1702 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED SEPTEMBER 30, 2096 14 of 178 Amounts Chanqes Authorized by City Manaqer: Adjustment for insurance proceeds for wind damage to Airport wind turbine applied to repairs to $ 28,116 poles for nets and an entrance gate that had also had wind damaged. Adjustment to close remaining balance of Project to do roofing work and shutters at Golf Course. $ 1,515 Adjustment to increase funding and close Project for Police vehicles and equipment. $ 1,348 Adjustment to close remaining balance of Project to purchase Tractor. $ 5,775 Adjustment to close remaining balance of Project to purchase Armadillo. $ 13 Adjustment between various Police Department accounts to cover budget overages. $ 1,510 Adjustment to increase funding and close Project for road crossings/side-yard pipe repairs. $ 827 Adjustment to increase Police Department Roofing Project for reinstallation of lightning protection. $ 1,768 Adjustment to increase funding and close Project for Golf Course Restroom Improvements. $ 1,309 Adjustment between various Golf Course accounts to cover budget overages. $ 3,055 Adjustment between Parks Division accounts to cover budget overages and Facilities Maintenance $ 23,112 Division accounts for doors required at the Art/Seniors restrooms to meet Code.. Adjustment between Cemetery Division accounts to cover budget overages. $ 200 Adjustment to close remaining balance of Project to purchase Chipper. $ 1,001 Adjustment between Roads Division accounts to cover budget shortage for street signs. $ 3,867 Adjustment to recognize receipt of State Funds that must be contributed to Police Pension Plan. $ 169,027 Adjustment to close remaining balance of Project on Working Waterfront Fish House Improvements. $ 42,447 Adjustment between MIS Division accounts to cover budget overages. $ 8,000 Adjustment between Building Department accounts to cover budget overages. $ 1,227 Adjustment to recognize receipts from asset auctions to repair vehicles and replace a forklift. $ 61,844 Adjustment between Community Development Department accounts to cover budget overages. $ 1,500 Adjustment between Facilities Maintenance Division accounts to cover budget overages. $ 25,000 Adjustment to close remaining balance of Project on Airport Service Pathway. $ 2,896 Adjustment between Parks Division accounts to cover budget overages. $ 21,684 Adjustment to apply Sidewalk Construction Project funds to the Brushfoot Sidewalk Project. $ 60,000 Adjustment to close remaining balance of Project to purchase Stormwater Equipment. $ 1,039 Adjustment to Police Evidence Building Project using DST Funds available from re -budgeting $ 33,270 Columbarium Project from Cemetery Trust Fund accounts. Adjustment between Fleet Management Division accounts to cover budget overages. $ 1,600 14 of 178 Chanqes Approved by City Council: Amounts Adjustment to set up City matching on project for Airport Master Pian Updates. September 14, 2016. $ 10,750 Increase in funding for upgrades to Police Dispatch Center Work Stations, September 14, 2016. $ 63,479 Adjustment to set up City matching on project for Airport Taxiway Improvements. July 27, 2016. $ 13,110 Voluntary Early Retirements Program payouts. December 16, 2015 + January 13 and 27, 2016. $ 371,548 Adjustment to set up City matching on project for Airport Design of Hangar "C_ July 13, 2016. $ 36,400 Increase in funding to bid amount on project to Re -roof the Police Department. June 8, 2016. $ 3,775 Allocate unused Shoreline Stabilization Project funds to CavCorp improvements. June 22, 2016. $ 22,000 Additional Chanqes Submitted for Citv Council Approval: Amounts Adjustment from Equipment & Facilities Reserve to paint columns at Airport Maintenance Building. $ 2,800 15 of 178 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT EXECUTIVE SUMMARY OVERVIEW THE FINAL QUARTER FOR GENERAL FUND ENDED WITH 101% OF BUDGETED REVENUES RECEIVED AND DEPARTMENTS SPENDING 96% OF AMOUNTS ALLOCATED. THE R&R RESERVE WAS INCREASED BY $222,556 FOR UNANTICIPATED REPAIRS AND REPLACEMENTS. REDUCTIONS IN GOLF COURSE REVENUES AND INCREASED MAINTENANCE EXPENSES RESULTED IN A HIGHER NEGATIVE AMOUNT OF RESERVES. REVENUES AND EXPENSES AT THE AIRPORT DO NOT INCLUDE GRANT RECEIPTS AND EXPENSES. BUILDING FUND REVENUES INCREASED OVER LAST YEAR AND RESERVES WERE LOANED TO THE GOLF COURSE IN ORDER TO FINANCE NEEDED IMPROVEMENTS. GENERAL FUND The graph below and left compares General Fund Revenues, Expenditures and Total Cash Reserves at the end of the 4`h quarter to the end of the prior fiscal year. Revenues and amounts Expended are higher than prior years. The graph below and right compares the 4'h quarter of this year to the 4`h quarter of the prior 2 years. The difference is used to increase the amount set aside as the Renewal and Replacement Reserve. 12,600,664 12,000,006 10,000 000 10,400,400 8,000,000 8,0K000 6,066,000 I! 600,000 4.008000 4,940,000 2 aao,oa6 `W a 2,ea0,000 •z,aoa,rloa 0 Revenues Expended fl -Reserves Revenues Expended Reserves 111913612014 10556,071 10,273,156 282,915 19f3012015 11,198,671 11,229„411 5,286,473 1119302015 11,198,671 11226,157 (27,486) I9l30d2016 11,790,848 11,568292 5,509,029 16913612016 11,790,848 11,568292 222,556 The graph below and left shows collections through the 4`h quarter of the three main sources of General Fund Revenue and of those three as a total. Those three sources and property taxes are 70% of budgeted revenue. $131,621 more was received from those three sources through the 4`h quarter of this year, as compared to the same period last year. The graph below and right shows the percentage of budgeted expenditures by department at the end of the quarter. In total, departments expended 95.7% of amounts budgeted. 4,500,000 - r, 4,000,000 3,500,006 3,000,000 f ; 2,500,000 � 2,000,000 1,500,000 1,000,000 500,000 4 Qtr 2015 4b 011 2016 2016 Budget 2016 klual nNte Frwoe a lktcU%i Tax ValkelSaleslax obtahfteihree 100.0% T 75.0% — 50.0% 25.0% — 0.0% , o4,c� ads G1Qi� a�,e'� tice5 �,y�cl` o�,s co G���,afi G' ��r! a,n5G�1 eOeP Qo!�� �61P P Ioy�5 G Page 1 of 3 16 of 178 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT EXECUTIVE SUMMARY (CONTINUED) SPECIAL REVENUE FUNDS AND CAPITAL PROJECTS Special Revenue Funds provide most of the monies needed for capital projects. The graph below and left shows collections the current year compared to last year and shows the current annual budget and collections for Local Option Gas Taxes (LOGT), Discretionary Sales Tax (DST) and Stormwater Fees. The graph below and right shows totals budgeted for capital projects, as compared to amounts spent through the 4`h quarter of this year. It reflects large unexpended amounts for the Tulip Drive, CavCor Parking, Golf Course Irrigation, plus the Airport's Hanger project. 30,000 3,000,000 2,6110,000 2,000,000 1,600,000 1,000,000 500,000 LOGT DST S6 rN*r Fee pol WE1i 84412)% a20604d lmskml DEBT SERVICE FUNDS AND LONG-TERM DEBT 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 t�a0s��`e�t $� CIO dr S0 a0\ g 0 reed The City's long-term debt includes the Discretionary Sales Tax Bank Note ($706,000 outstanding, maturing 4/01/17) and the Stormwater Revenue Bank Note ($2,275,000 outstanding, maturing 5/01/22). The City refunded previously issued bonds with Bank Notes on December 18, 2013. The City has a Bank Note for Street Repaving ($1,267,000 outstanding, maturing 12101/22) and a Bank Loan on Golf Carts ($162,777 outstanding, maturing 10/31/I7). The City is in compliance with requirements on all these obligations. GOLF COURSE The graph below and left compares Golf Course Revenues, Expenses and Reserves through the end of this year to the end of the prior fiscal year. The graph below and right compares Revenues and Expenses through the end of this year to the end of the prior two years. Negative Reserve balances and the amount of change in Reserves are greater due to less revenue being recorded and because of expenses incurred for necessary maintenance. 1,544,000 1,300,040 1,100,004 900,000 I00,000 500,000 340,000 100,000 {100000) �300,000) 9130P2415 MEN 1299,049 1326,646 (264,946) 1135,972 1,449,639 (578,613) 1,604,000 1,400,040 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 (200,x) (400,040) JIM01014 I9V N015 DKK016 Revenues 1,251,581 1,299,009 1,135,972 Wended 1,291,366 1,326,646 1,449,639 +- Reserves (39,M) (27,07) )313,667) Page 2 of 3 17 of 178 AIRPORT The graph below and left compares Airport Revenues, Expenses and Reserves through the end of this year to the end of the prior fiscal year. The graph below and right compares Revenues and Expenses through this year to the prior two years, plus the positive or negative impact to Reserves. 5x0,000 400,000 300,000 200,000 100,000 (1oa,00x� (200,000 - Revenues ExQerN 19'3012015 477,920 375,868 1913012016 517,343 479,400 Aff�-`f' Resm 1 4,539 1 42,482 1 V'000 504,000 400,000 300,000 200,000 100,000 0 Revenues 1/93012014 434,676 1093012015 415,239 10913012016 517,343 Excerded 271,111 256,500 479,400 +1- Resffres 1 163,565 1 158,739 1 37,943 BUILDING The graph below and left compares Building Department Revenues, Expenses and Reserves through the end of this year to the end of the prior fiscal year. The graph below and right compares Revenues and Expenses through this year to the prior two years, plus the positive or negative impact to Reserves. Increased revenues are having a positive impact on reserves. 1,200,000 � 900,000 800,000 1,000,x00 � 7000000 ; �0,oa0 �O,00a 500000 ' 600,000 4a0,000 `- 400,000 300,000 204,000 - 200,000 100,000', 0 0 -- - (200,000) Revenues Exceeded +FReserres Revenues Eneeded Reserves 11630014 516,916 368,635 148,281 193012015 717,270 652266 1,013,962 110012015 524,159 493,069 31,090 1 19'3012016 815,301 637,001 1,192,262 1093012016 815,301 637,001 178,300 1 Page 3 of 3 18 of 178 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 9/30/2016 19 of 178 2.012/2013 2013/2014 2014/2015 2015/2016 2015/2016 2015/2016 4TH QTR ATH QTR 4TH QTR 4TH QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GENERAL FUND TAXES -6,608,301.56 -6,747,713.28 -7,178,016.00 -7,546,774.01 -7,533,327.00 100% LICENSES & PERMITS -45,499.50 -138,562.87 -147,218.23 -136,614.26 -145,500.00 94% INTERGVT'L REVENUE -2,215,443.45 -2,363,935.70 -2,515,809.77 -2,654,804.99 -2,566,871.00 103% CHARGES FOR SERVICE -370,905.70 -375,125.28 -320,953.80 -326,773.66 -334,534.00 98% FINES AND FORFEITS -60,189.17 -52,239.15 -60,685.29 -72,009.68 -85,300.00 84% MISC. REVENUE -352,499.75 -247,747.05 -257,681.61 -328,119.61 -266,459.00 123% TRANSFERS IN -565,399.00 -630,748.00 -718,306.00 -725,752.16 -727,151.00 100% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -424,651.00 0% GENERAL FUND REVENUE -10,218,238.13 -10,556,071.33 -11,198,670-70 -11,790,848.37 -12,083,793.00 98% CITY COUNCIL 49,608.05 49,939.28 50,522.35 48,719.52 53,733.00 91% CITY MANAGER 228,375.27 264,715.45 257,181.01 287,768.63 284,442.00 101% CITY CLERK 269,992.27 282,115.78 343,529-92 353,079.53 359,164.00 98% LEGAL 95,774.86 102,958.45 103,869.65 94,682.00 101,730.00 93% ADMINISTRATIVE SERVICES 485,361.87 555,310.57 558,458.95 550,158.51 555,034.00 99% M.1.5. DIVISION 161,616.17 143,139.13 184,978.53 199,227.08 205,583.00 97% AUDIO VISUAL 0.00 0.00 0.00 163,252.96 164,502.00 99% POLICE DEPARTMENT 4,435,260.97 4,614,694.85 4,700,070.98 5,006,600.08 5,055,413.00 99% PUBLIC WORKS 3,038,250.18 3,312,372.86 3,711,008.83 3,406,025.10 3,761,439.00 91% COMMUNITY DEVELOPMENT 235,652.38 248,945.54 213,731.43 253,528.88 252,972.00 100% NON -DEPARTMENTAL 746,341.72 698,964.43 1,102,805.02 1,205,249.38 1,289,781.00 93% GENERAL FUND EXPENDITURES 9,746,233.74 10,273,156.34 11,226,156.77 11,568,291.67 12,083,793.00 96% LOCAL OPTION GAS TAX TAXES -551,238.83 -555,934.25 -633,095.83 -646,132.08 -590,000.00 110% INTERGVT'L REVENUE -9,474.00 -9,758.00 -10,050.00 -10,352.00 -10,352.00 100% MISC. REVENUE -46.75 -2,918.31 -239.45 -1,792.39 -84.00 2134% TRANSFERSIN -14,500.00 0.00 -207,000.00 -200,000.00 -200,000.00 100% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -282,592.00 0% LOGT FUND REVENUE -575,259.58 -568,610.56 -850,385.28 -858,276.47 -1,083,028.00 79% OPERATING EXPENSES 219,338.94 205,872.69 220,332.92 214,567.87 352,517.00 61% DEBT SERVICE 243,199.81 242,740.90 242,783.29 242,748.10 242,748.00 100% GRANTS AND AIDS 0.00 0.00 0.00 444,255.40 450,178.00 99% TRANSFERS OUT 266,095.50 228.80 136,742.10 0.00 37,585.00 0% TO FUND BALANCE 0.00 0.00 0.00 0.00 0.00 N/A LOGT FUND EXPENDITURES 728,634.25 448,842.39 599,858.31 901,571.37 1,083,028.00 83% DISCRETIONARY SALES TAX TAXES -2,587,903.75 -2,738,405.05 -2,916,092.42 -3,052,153.22 -2,931,500.00 104% MISC. REVENUE -26,111.19 -22,836.70 -29,239.63 -9,072.97 -23,353.00 39% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -1,952,220.00 0% DST FUND REVENUE -2,614,014.94 -2,761,241.75 -2,945,332.05 -3,061,226.19 -4,907,073.00 62% TRANSFERS OUT 1,921,864.28 2,472,550.18 3,534,495.65 2,783,842.78 4,892,473.00 57% TO FUND BALANCES 0.00 0.00 0,00 0.00 14,600.00 0`Ye DST FUND EXPENDITURES 1,921,864.28 2,472,550.18 3,534,495.65 2,783,842.78 4,907,073.00 57% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -7,511.61 -27,182.22 -37,891.69 .39,019.14 -36,440.00 107% TRANSFERS IN -266,323.21 -272,060.44 -296,420.10 -349,624.18 -335,699.00 104% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -391,697.00 0% RRD REVENUE -273,834.82 -299,242.66 -334,311.79 -388,643.32 -763,836.00 51% OPERATING EXPENSES 104,472.40 146,992.57 134,396.84 253,927.54 278,497.00 91% CAPITAL OUTLAY 6,562.18 0.00 26,095.86 15,083.90 8,500.00 177% GRANTS AND AIDS 20,583.00 0.00 29,717.60 79,696.15 256,422.00 31% TRANSFERS OUT 66,175.09 327,132.56 74,352.00 28,611.68 220,417.00 13% RRD EXPENDITURES 197,792.67 474,125.13 264,562.30 377,319.27 763,836.00 49% 19 of 178 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 9/30/2016 2012/2013 2013/2014 2014/2015 2015/2016 2015/2016 2015/2016 4TH QTR 4TH QTR 4TH QTR 4TH QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET PARKING IN LIEU OF FUND MISC. REVENUE -13,972.08 -18,219.12 -20,013.88 -26,487.45 -19,830.00 134% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -35,091.00 0% PARKING IN LIEU OF REVENUE -13,972.08 -18,219.12 -20,013.88 -26,487.45 -54,921.00 48% OPERATING EXPENSES 0.00 0.00 0.00 61.60 0.00 N/A CAPITAL OUTLAY 0.00 29,321.50 2,800.00 0.00 41,129.00 0% TO FUND BALANCES 0.00 0.00 0.00 0.00 13,792.00 0% PARKING IN LIEU OF EXPENDITURES 0.00 29,321.50 2,800.00 61.60 54,921.00 0% RECREATION IMPACT FEE FUND MISC. REVENUE -169,869.04 -170,154.19 -137,176.65 -168,152.56 -101,830.00 165% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -15,914.00 0% REC. IMPACT FEE REVENUE -169,869.04 -170,154.19 -137,176.65 -168,152.56 -117,744.00 143% OPERATING EXPENSES 2,430.00 0.00 8,200.00 0.00 0,00 N/A CAPITAL OUTLAY 5,522.91 0.00 0.00 14,874.50 0.00 N/A TRANSFERS OUT 306,210.69 123,409.79 101,759.35 17,524.00 117,744.00 15% TO FUND BALANCE 0.00 0.00 0.00 0.00 0.00 N/A REC. IMPACT FEE EXPENDITURES 314,163.60 123,409.79 109,959.35 32,398.50 117,744.00 28% STORMWATER UTILITY FUND MISC. REVENUE -1,007,220.94 -986,955,63 -988,635.86 -994,456.28 -987,351.00 101% TRANSFERS IN 0.00 0.00 0.00 -100,000.00 -100,000.00 100% FROM FUND BALANCES 0.00 0.00 0.00 -47,626.00 0% STORMWATER REVENUE -1,007,220.94 -986,955.63 -988,635.86 -1,094,456.28 -1,134,977.00 96% OPERATING EXPENSES 72,980.87 47,395.69 143,214.45 50,699.07 127,100.00 40% TRANSFERS OUT 1,007,374.83 989,065.06 799,607.85 769,499.49 859,526.00 90% TO FUND BALANCES 0.00 0.00 0.00 0.00 148,351.00 0% STORMWATER EXPENDITURES 1,080,355.70 1,036,460.75 942,822.30 820,198.56 1,134,977.00 72% LAW ENFORCE FORFEITURE FUND FINES AND FORFEITS 0.00 -1,900.OD -2,350.00 -1,048.33 -1,000.00 105% MISC. REVENUE -492.82 -7,403.88 -246.39 -27,743.61 -110.00 25221% FROM FUND BALANCES 0.00 0.00 0.00 0.00 0.00 N/A FORFEITURES FUND REVENUE -492.82 -9,303.88 -2,596.39 -28,791.94 -1,110.00 2594% OPERATING EXPENSES 1,219.00 12,286.31 14,268.73 5,647.86 0.00 N/A CAPITAL OUTLAY 0.00 11,000.00 0.00 15,158.69 0.00 N/A GRANTS AND AIDS 500.00 0.00 3,000.00 3,000.00 0.00 N/A TO FUND BALANCES 0.00 0.00 0.00 0.00 1,110.00 0% FORFEITURES FUND EXPENDITURES 1,719.00 23,286.31 17,268.73 23,806.55 1,110.00 2145% DST DEBT SERVICE FUND MISC. REVENUE -4,817.66 -40,444.03 -822.47 -914.74 -2,144.00 43% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -159,369.00 0% TRANSFERS IN -1,012,795.20 -935,293.04 -1,027,125.00 -867,111.96 -867,112.00 100% DST DEBT SERVICE REVENUE -1,017,612.86 .975,737.07 -1,027,947.47 -868,026.70 -1,028,625.00 84% OPERATING EXPENSES 675.00 0.00 0.00 0.00 0.00 N/A DEBT SERVICE 1,017,481.76 2,013,840.20 1,029,306.50 1,028,624.80 1,028,625.00 100% DST DEBT SERVICE EXPENDITURES 1,018,156.76 2,013,840.20 1,029,306.50 1,028,624.80 1,028,625.00 100% STORMWATER DEBT SERVICE FUND MISC. REVENUE -617.68 -39,285.34 -558.09 -918.42 -133.00 691% TRANSFERS IN -439,829.63 -498,360.00 -401,736.98 -401,141.04 -401,141.00 100% FROM FUND BALANCES 0.00 0.00 0.00 0.00 0.00 N/A STORMWATER DEBT REVENUE -440,447.31 -447,645.34 -402,295.07 -402,059.46 -401,274.00 100% DEBT SERVICE 439,089.50 463,413.09 403,588.60 400,499.00 400,500.00 100`Yb TO FUND BALANCES 0.00 0.00 0.00 0.00 774.00 0% STORMWATER DEBT EXPENDITURES 439,089.50 463,413.09 403,588.60 400,499.00 401,274.00 100% 20 of 178 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 9/30/2016 21 of 178 2012/2013 2013/2014 2014/2015 2015/2016 2015/2016 2015/2016 4TH QTR 4TH QTR 4th QTR 4th QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUAL ACTUAL BUDGET OF BUDGET CITY COUNCIL PERSONAL SERVICES 22,723.76 22,722.72 22,747.13 22,821.49 22,762.00 100% OPERATING EXPENSES 26,884.29 27,216.56 27,775.22 25,898.03 30,971.00 84% TOTALS 49,608.05 49,939.28 50,522.35 48,719.52 53,733.00 91% CITY MANAGER PERSONAL SERVICES 224,306.41 258,428.74 250,296.36 277,444.59 275,850.00 101% OPERATING EXPENSES 4,068.86 4,208.76 6,884.65 10,324.04 8,592.00 120% CAPITALOUTLAY 0.00 2,077.95 0.00 0.00 0.00 N/A TOTALS 228,375.27 264,715.45 257,181.01 287,768.63 284,442.00 101% CITY CLERK PERSONAL SERVICES 229,172.94 226,343.81 287,661.84 287,489.64 287,045.00 100% OPERATING EXPENSES 36,816.29 52,802.01 41,270,37 65,589.89 72,119.00 91% CAPITAL OUTLAY 4,003.04 2,969.96 14,597.71 0.00 0.00 N/A TOTALS 269,992.27 282,115.78 343,529.92 353,079.53 359,164.00 98% LEGAL OPERATING EXPENSES 95,774.86 102,958.45 103,869.65 94,682.00 101,730.00 93% TOTALS 95,774.86 102,958.45 103,869.65 94,682.00 101,730.00 93% ADMINISTRATIVE SERVICES PERSONAL SERVICES 400,429.11 464,034.68 480,509.59 452,107.90 451,565.00 100% OPERATING EXPENSES 84,932.76 89,756.02 77,949.36 98,050.61 103,469.00 95% CAPETAL OUTLAY 0.00 1,519.87 0.00 0.00 0.00 N/A TOTALS 485,361.87 555,310.57 558,458.95 550,158.51 555,034.00 99% M.I.S. DIVISION PERSONAL SERVICES 114,081.27 115,440.50 121,978.70 130,874.64 135,275.00 97% OPERATING EXPENSES 47,534.90 27,698.63 32,471.30 68,352.44 70,308.00 97% CAPITAL OUTLAY 0.00 0.00 30,528.63 0.00 0.00 N/A TOTALS 161,616,17 143,139.13 184,978,63 199,227.08 205,583.00 97% AUDIO VISUAL PERSONAL SERVICES 0.00 0.00 0.00 102,068.78 105,796.00 96% OPERATING EXPENSES 0.00 0.00 0.00 25,365.03 19,990.00 127% CAPITAL OUTLAY 0.00 0.00 0.00 35,819.15 38,716.00 93% TOTALS 0.00 0.00 0.00 163,252.96 164,502.00 99% POLICE ADMINISTRATION PERSONAL SERVICES 635,683.87 682,404.30 770,837,41 873,843.67 874,944.00 100% OPERATING EXPENSES 89,335.18 92,290.13 114,750.31 122,937.29 146,317.00 84% CAPITAL OUTLAY 7,500.00 12,500.00 3,700.00 23,302.61 14,161.00 165% TOTALS 732,519.05 787,194.43 889,287.72 1,020,083.57 1,035,422.00 99% POLICE PATROL PERSONAL SERVICES 2,183,233.99 2,162,610.75 2,135,684.38 2,238,074.07 2,207,030.00 101% OPERATING EXPENSES 229,517.47 236,267.30 219,761.15 211,527.70 250,765.00 84% CAPITALOUTLAY 4,483.00 10,464.70 17,306.75 8,241.00 8,836.00 93% TOTALS 2,417,234.46 2,409,342.75 2,372,752.28 2,457,842.77 2,466,631.00 100% CODE ENFORCEMENT DIVISION PERSONAL SERVICES 139,892.30 148,218.95 153,223.82 162,772.10 162,299.00 100% OPERATING EXPENSES 22,917.22 22,522,25 14,626.79 15,944.75 19,546.00 82% TOTALS 162,809.52 170,741.20 167,850.61 178,716.85 181,845.00 98% POLICE INVESTIGATIONS PERSONAL SERVICES 549,229.56 628,633.25 622,918.41 669,523.48 659,327.00 102% OPERATING EXPENSES 100,748.36 102,518.27 105,415.60 125,100.40 127,330,00 98% CAPITAL OUTLAY 0.00 0.00 0.00 15,444.18 18,145.00 85% TOTALS 649,977.92 731,151.52 728,334.01 810,068.06 804,802.00 101% 21 of 178 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 9/30/2016 22 of 178 2012/2013 2013/2014 2014/2015 2015/2016 2015/2016 2015/2016 4TH QTR 4TH QTR 4th QTR 4th QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUAL ACTUAL BUDGET OF BUDGET POLICE COMMUNICATIONS PERSONAL SERVICES 464,848.47 503,610.17 503,013.64 531,446.20 555,017.00 96% OPERATING EXPENSES 7,871.55 12,654.78 8,849.94 8,442.63 11,696.00 72% CAPITAL OUTLAY 0.00 0.00 29,982.78 0.00 0.00 N/A TOTALS 472,720.02 516,264.95 541,846.36 539,888.83 566,713.00 95% ROADS AND DRAINAGE PERSONAL SERVICES 617,722.51 564,601.96 590,308.87 631,615.62 631,021.00 100% OPERATING EXPENSES 111,451.84 196,989.97 121,191.92 83,688.14 118,994.00 70% CAPITAL OUTLAY 38,579.25 105,695.13 134,086.03 29,106.61 29,107.00 100% TOTALS 767,753.60 867,287.06 845,586.82 744,410.37 779,122.00 96% STORMWATER UTILITY DIVISION PERSONAL SERVICES 469,592.91 416,003.99 565,754.22 615,511.81 653,627.00 94% OPERATING EXPENSES 331,059.18 479,488.38 609,807.30 448,749.18 571,007.00 79% CAPITAL OUTLAY 3,782.82 4,820.11 45,955.90 3,302.90 1,283.00 257% TOTALS 804,434.91 900,312.48 1,221,517,42 1,067,563.89 1,225,917.00 87% CENTRAL GARAGE PERSONAL SERVICES 181,492.67 156,028.16 186,513.81 202,532.69 205,920.00 98% OPERATING EXPENSES 17,640.89 25,045.06 22,666.08 26,331.08 32,192.00 82% CAPITAL OUTLAY 3,929.00 1,565.00 2,786.00 28,524.99 28,940.00 99% TOTALS 203,062.56 182,638.22 211,965.89 257,388.76 267,052.00 96% FACILITIES MAINTENANCE PERSONAL SERVICES 129,976.23 139,339.89 143,605.92 101,865.18 112,486.00 91% OPERATING EXPENSES 105,835.02 93,795.94 147,260.86 159,783.93 182,863.00 87% CAPITAL OUTLAY 18,161.80 10,639.22 15,397.97 6,986.00 79,233.00 9% TOTALS 253,973.05 243,776.05 306,264.75 268,635.11 374,582.00 72% PARKS/RECREATION PERSONAL SERVICES 617,928.86 651,473.23 660,978.30 615,126.36 614,547.00 100% OPERATING EXPENSES 227,422.97 237,323.18 224,214.65 234,660.75 268,792.00 87% CAPITAL OUTLAY 19,190.32 35,199.55 51,824.29 37,874.92 37,875.00 100% TOTALS 864,542.15 923,995.96 937,017.24 887,662.03 921,214.00 96% CEMETERY PERSONAL SERVICES 107,068.99 146,637.57 155,229.57 146,746.72 156,985.00 93% OPERATING EXPENSES 37,414.92 37,607.18 33,427.14 30,318.22 33,267.00 91% CAPITAL OUTLAY 0.00 10,118.34 0.00 3,300.00 3,300.00 100% TOTALS 144,483.91 194,363.09 188,656.71 180,364.94 193,552.00 93% COMMUNITY DEVELOPMENT PERSONAL SERVICES 200,069.38 217,865.20 188,832.07 235,558.82 234,026.00 101% OPERATING EXPENSES 35,583.00 31,080.34 24,899.36 17,970.06 18,946.00 95% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 N/A TOTALS 235,652.38 248,945.54 213,731.43 253,528.88 252,972.01) 100% NON -DEPARTMENTAL PERSONAL SERVICES 134,451.31 141,821.12 131,047.75 230,284.00 253,404.00 91% OPERATING EXPENSES 548,329.41 557,143.31 625,417.44 631,265.38 674,973.00 94% TRANSFERS OUT 63,561.00 0.00 346,339.83 343,700.00 361,404.00 95% TOTALS 746,341.72 698,964.43 1,102,805.02 1,205,249.38 1,289,781.00 93% TOTAL GENERAL FUND 9,746,233.74 10,273,156.34 11,226,156.77 11,568,291.67 12,083,793.00 96% 22 of 178 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF SEPT 30, 2016 F II ND 310 GENERAL CAPITAL PROJECTS Project Project Expenditures Percrus Funds anther Description Budect To Date Fxnendesl Encumbrances R m i AI411 Computer Overhaul 300,000.00 263,039,49 87.68% - 36,960,51 A1513 Police Vehicle Replacement (CLOSED) 317,298.00 317,297.84 100,00% - 0,16 A1515 Diesel Fuel Tank Soflware 25,000.00 - 0.00% - 25,000.00 A1516 Sturmwater Equipment (CLOSED) 103,702.00 103,702,02 100,00% - (002) A1518 Clear Village Soflware 61,762,00 43,729.00 70,80% 17,283.00 750,00 A1601 Armadillo Purchase 162,887.00 72,860.00 44,71% 90,026,58 0.42 At602 Patch Truck 156,125.00 - 0.00% 156,125,00 - A1603 Payroll Automation 10,804.00 - 0.00% - 10,804.00 A1604 Chipper (CLOSED) 60,999.00 60,999,15 100.00°/a - (0.15) A1605 Traciar(CLOSED) 49,225.00 49,224.41 100.00% - 0.59 AI606 Dispatch Consoles 63,479.00 - 0.00'% 61,885.61 1,593.39 A1610 Network Improvements 50,000.00 24,520,93 49.04% - 25,479.07 A1611 Police Evidence Garage 333,270,00 22,914.85 6, 88% - 310,355.15 A1612 Police Vehicle Replacement (CLOSED) 243,920,00 243,919.89 100,00% - 0.11 A1613 Police Roof Repair 72,543.00 40,639.53 56,02% 31,903.62 (0.15) A1614 Paint City Hall 50,000 00 - 0,00°/ - 50,000.00 A1615 Public Works Compound Shelters 60,000.00 - 0.00°/a 60,000.00 A1616 Columbariums 70,000.00 10,683.90 15.26°/ 6,200,00 53,116.10 A1617 City Hall Parking Lot (CLOSED) - - 0.W/ - - A1618 Cemetery Storage Building (CLOSED) - - 0.00% - A1619 Stormwater Equipment (CLOSED) 47,961.00 47,960.98 10000% - 0.02 2,238.975.00 I.301,491,99 58.33% 363,423.81 574.059,20 FUND 320 CAPITAL IMPROVEMENT PROJE(M Project Project Expenditures Percent Funds Number Description Bud -el To Dale Emended F.nrumhranres Remainine A1320 Fish House Improvements (CLOSED) 507,319.00 507,319.01 100.00°/ - (0.01) A1521 Community Center Parking 52,000.00 1,780.00 3,421/. - 50,220.00 A1522 Fisherman's Landing Shoreline (CLOSED) - 0.001/e - - A1620 Working Waterfront Drainage 140,000.00 81,391.65 58.14% 5,592.00 53,016.35 A1621 Working Waterfront Phase 2A 177,10200 30,748.00 1736% - 146,354.00 A1622 Parks Equipment Building (CLOSED) 16,584.00 16,584,00 100.00% - - 993.005.00 637,822.66 71.42% 5,592.00 249,590.34 FUND 330 TRANSPORTATION CAPITAL PROJECTS Project Project Expenditures Percent Funds Number Desc, cripeian Budeet To Dare Expended Encumbrnnres Eir mainiue A1231 Presidential Streets 971,021.00 935,823.33 96.38% - 35,197.67 A1434 Tulip Drive 330,380.00 63,035,10 19.081% 216,728.00 50,616.90 A1531 PGUre Station Parking 29,397.00 61,60 0.21% 29,335.00 0.40 AI532 Cav Corp Parking 238,395.00 13,270.45 $.57% 225,300.80 (176.25) A1536 Main Street Paving (CLOSED) 372,744,00 372,744.30 100.00% - (0.30) A1537 Riverview Park Sidewalks (CLOSED) - - 0.001/ - - A1538 Highway Beautification (CLOSED) - - 0.00% - - A1630 Brushfoot Bikepath 50,000.00 44,077.30 88.15% 5,922.70 A1631 Schumann Sidewalk (CLOSED) 23,828.00 23,827,88 100.00'/ - 0.12 A1632 Street Repaving 733,500.00 216,377.42 29.SOb1 478,118.50 39,004.08 A 1633 Sidewalk Construction (CLOSED) - - 0. WA - - A1634 US Highway I Landscaping (CLOSED) - - 0.00% - - 2,749,26S.00 t,669.217.38 60.72% 949,462.30 130.565.32 FUND363 STORAIWATER IMPROVEM ENT FUND Project Project Expenditures Percent Foods Number Description Rudeel To Bar Exrpcwdcd Eneumbrfnees Remaining A1562 Indian River Lagoon 150,000,00 17,090.97 11.39% - 132,909.03 A1661 Road Crossinoideyard Pipes (CLOSED) 50,827,00 50,827.40 100.DD1/ - (0,40) 200,827.00 67.918.37 33.82% 132,908.63 FUND 415 GOLF COURSE PROJEM Project Project Erpeadilures Percent Funds Number Description Budert To Date Expended Enrumhranres Remainine A1540 OnlfcourseIrrigation 1,188,29000 884,517.68 74.44% 833.45 302,938.87 A1541 GoirCourse Rcstruoms (CLOSED) 103,535,00 103,535.12 100.00% - (0.12) A1640 Golf Course Roofing& Shutters (CLOSED) 61,940,00 61,940.45 100.00% - (0.45) A1641 GalfCourse Parking Lot Lights 51,285.00 10,241.60 19.97% 18,327.73 22,715.67 1,405,050.00 1.060,234.85 75.46% 19,161.18 325,653.97 FUND 455 AIRPORT PROJECTS Project Project Expenditures Percent Funds Number PUcrilition Budite To Dale Expended Encumbrances Remainine A1351 Main Street Access Road 1,622,163.00 1,493,968,58 92.10'/. 31,730.07 96,464.35 A1451 AP Hangar 1,725,003.00 297,443.61 17,24% 1,367,779,11 59,780.28 A1651 Runway Markings (CLOSED) 36,537.00 36,536.93 1000W - 0.07 A1652 Automated Weather Observation System (CLOSED) - - 0100% - - A1653 Conduit Baring (CLOSED) 4,000.00 4,00000 100.00'/1 - - A1654 Service Pathway 12,16400 12,10400 100.00% - - A1655 Taxiway C,D,E, Design 262,200.00 32,071.30 12.23/. - 230,128.70 A1656 AP Master Plan Update 215,000,00 1,800.00 0.84% - 213,200.00 A1660 Excavator Purchase (CLOSED) 126,400.00 526,40000 100.00% - - 4,003,407.00 2,004,324,42 $0.07% 1.399,509.18 599,573.40 ._ _... :23 of 118 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2016 At September 30, 2016, the total of the City's cash and investments were $11,155,627.72. Of this, $7,521,011.75 was held in an interest bearing checking account at Seacoast National Bank and $3,634,615.97 was invested with the State Board of Administration. The City did not purchase any new securities during the quarter and does not hold any investments in government securities. Approval was granted to deposit some of these funds with Florida Trust, which invest longer-term in government securities, which should increase investment earnings. An initial deposit of $500,000.00 was made on October 5, 2016. SEACOAST NATIONAL BANK such as natural disasters, significant revenue shortfalls or STATE BOARD OF ADMINISTRATION {SOA) to 30% of the annual General Fund total expenditures budget, less debt service, interfund transfers and capital expenditures. Should there be CURRENT it is preferable to have a reserve balance of at least $5 million dollars. CURRENT 13, FY2013-14 and FY2015-16. Nothing was set aside for FY2014-15 due to a shortfall of $80,738. CASH BALANCE ALLOCATION BALANCE PER INVESTMENT ALLOCATION BALANCE PERCEtV1 General Fund s 3,501,831.93 46.56% General Fund s 1,073,596.54 29.54% Local Option Gas Tax Fund 315,024.01 4,19°4 Local Option Gas Tax Fund - 0.00% Discretionary sales Tax Fund 857,324.09 11.40% Discretionary Soles Tax Fund 1,204,376,et 33.14% Riverfrom Redevelopment Fund 363,515.90 4.83% Riverfrom Redevelopment Fund 97,169.20 261% Parking In -Lieu -Of Fund - 0.001y. Parking In -Lieu -Of Fund 72,927.58 10l% Recreation Impact Fee Fund 611,954,68 8.14% Recreation Impact Fee Fund 291,901.50 8.06% Stormwaler Ulility Fund 485,424,60 6.45% Stomtwater Utility Fund - 0.001/6 Law Enforcement Forfeiture Fund 2,410.69 0.03 % law Enforcement Forfeiture Fund 34,259.54 0.94% Discretionary Sales Tax, Debt Service Fund 354,611.41 4.71% Discretionary Sales Tax. Debt service Fund - 0,00% Slormwater Series 2003 Debt Service Fund 168,342.97 2.24% Storni wer Series 2003 Debt Service Fund - 0.90% Capital Projects Fund (107,875.43) -1.43% Capital projects Fund - 0.00% Capital Improvements Fund (34,609.05) -0.46% Capital Improvements Fund - 0.00% Transportation Fund (6%535.03) 4.92% Transportation Fund - n,no% Stosmwater Projects Fund 32,081.63 0.43% Stormwater Projects Fund - 0.96% Golf Course Fund (414,086.50) -5.51% GoirCourse Fund - 0.0034 Golf Course Projects Fund (111,914.94) -1.49°!6 Golf Course projects Fund - 0.00% Airport Fund (101,375.24) .1.35% Airport Fund - O.DD% Airport Projects Fund 467,421.14 6,21% Airport projects Fund - 0.00% Building Department Fund 245,755.37 3.27% Building Department Fund 711,280.88 19.57% Cemetery Trust Fund 921,868.52 12.26% Cemetery Trust Fund 74,353.9$ 2.05% Performance Deposits Fund 32,841.00 0.44% Performance Deposits Fund 73,750.00 2.03% Total Bank Balance S 7,521,OIi,75 100.00% Total SBA Balance 5 3,634,615.97 100.00% REPORT ON GENERAL FUND CASH RESERVES FOR THE QUARTER ENDED SEPTEMBER 30, 2016 General Fund Cash Reserves are maintained to minimize the impact on the City's operations of unforeseen or emergency events, such as natural disasters, significant revenue shortfalls or unanticipated expenditures. City policies require reserves equal to 30% of the annual General Fund total expenditures budget, less debt service, interfund transfers and capital expenditures. Should there be an event(s) causing City-wide damages of 30% or more, it is preferable to have a reserve balance of at least $5 million dollars. Some of this balance has been committed to funding unanticipated repairs and replacements from surpluses added during FY2012- 13, FY2013-14 and FY2015-16. Nothing was set aside for FY2014-15 due to a shortfall of $80,738. General Fund Reserves Available for Emergencies Equipment and Facilities Repair and Replacement Reserve 09/30/13 Per Audited Financial Statements $5,065,242 09/30/13 Initial Assignment of FY2012-13 Surplus $467,286 $467,286 09130/14 Changes to Assigned Reserves t9,789 06/30/14 Replace 3 Mowers & Dump Truck -96,915 370,371 09/30/14 Surplus for FY2013-14 263,874 09/10/14 Replace Excavator -28,056 342,315 09/30/14 Per Audited Financial Statements $5,348,905 09/18/14 Replace Police Authentication System 4,343 337,972 011114115 Audit Fee for new GASH -2,000 09/30/14 Assignment of FY2013-14 Surplus +263,874 601,846 01/28/15 Building Department Software -19,800 10/06/14 Repairs for Sinkhole at Rolling Hill Ditch -18,554 583,292 05/13/15 Seawall Engineering Assessment -50,000 10/10/14 Repairs to Pedestrian Bridge -30,215 553,077 09/30/15 $501{ Airport Advance Repaid 50,000 11/07/14 Ditch Work - Barber, Caravan & Crowberry -9,598 543,479 09/30/15 Changes to Assigned Reserves 40,106 12/10/14 Replace Bucket Truck -94,641 448,838 09/30/15 Surplus for FY2014-15 -80,738 06/24/15 Repairs to City Garage Roof -8,651 440,187 09/30/15 Per Audited Financial Statements $5,286,473 06/24/15 Pipe Repair--Coolidge/Indian River Drive -14,980 425,207 10/01/15 Clear Village project carryover -12,600 06/24/15 Sidewalk Repairs at Barber Street Bridge -1.926 423,281 08/05/16 Voluntary Early Retirement Costs -307,365 08/26/15 Community Center/Yacht Club Pumps/Wells -5,140 418,141 09/30/16 Surplus for FY2015-16 222,557 08/26/15 Cemetery Irrigation due to lighting strike -387 417,754 09/30/16 Per Unaudited Financial Statements $5,189,065 08/26/15 Repairs to Main Street Dock -1,500 416,254 09/30/16 Less Equipment and Facilities 07/15/15 Communications Dispatch Console -29,983 386,271 Repair and Replacement Reserve -478,486 07/24/15 Repairs to Tennis Court Fencing -850 385,421 09/30/16 Net Available for Emergencies $4,710,579 07/24/15 Repairs to Police Department generator -1,000 384,421 07/30/15 Replace Parks mower -10,525 373,896 08/06/15 City Hall/Community Center air conditioners -13,281 360,615 Note: Subsequent to year-end, unanticipated payroll and repair 09/30/15 Assignment of FY2014-15 Surplus 0 360,615 cost of Hurricane Matthew estimated to exceed $2,085,000 may 12/31/15 Contract for CRA Landscaping Services -10,600 350,015 be paid out of General Fund Reserves. This total includes debris 12/31/15 Replacement of benches/trash receptacles -7,495 342,520 pickup for $530,000, pier and dock repairs for $1,400,000, 12/31/15 Repairs to Cemetery office building -6,250 336,270 repairs to other facilities for $55,000 and additional overtime pay 02/16/16 Cart Barn electrical repairs -24,600 311,670 and benefits for $100,000. A large portion of this is expected to 03/03/16 Replacement Roller -14,450 297,220 be recovered from FEMA and the State but As much as $260,000 "City 05/19/16 06/02/16 Post -Hole Diggers Cemetery Replacement Pump -2,944 -3,300 294,276 290,976 of the -share" is anticipated to permanently reduce the net 06/14/16 City Council Air Conditioner -32,247 258,729 available for future emergencies. 08/17/16 Paint Airport Maintenance Building Columns -2,800 255,929 09/30/16 Assignment of FY2015-16 Surplus +222,557 478,486 24 of 178 cm or r NOME OF PELICAN ISLAND To: Mayor and City Council Thru: Joe Griffin, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: January 18, 2017 Re: 4'n Quarter Accomplishments Fiscal Year 2016 Enclosed please find the O' Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended September 30, 2016. CITY CLERK Leeislative Support Matters • Prepared agenda, attended/recorded five regular City Council meetings and two budget hearings for City Council. • Completed follow up of approved Council matters — contracts, letters, emails, scanned to Laserfiche and indexed. • Fifteen resolutions adopted by Council. • Five ordinances adopted by Council. • Five proclamations prepared for presentation by Mayor. • Six legal ads placed in Press Journal. + One courtesy ad placed in Press Journal. • Provided monthly city calendars and revisions to Council, city staff and press. • Coordinated attendance of clergy for Council meeting invocations. • Prepared travel reimbursement for four Council members who attended FLC Annual Conference. • Distributed two code supplements. Records Manaeement Prosram • Responded to 36 public records requests. • 17 consoles, 61 boxes and I - 96 gallon container of duplicate and OSA records destroyed by shredding vendor. • Personnel records were scanned for long term retention (5 boxes completed by police officer assigned to light duty). • Transferred and documented Finance Dept. boxes for storage. • Records Clerk scanned purchase orders into Laserfiche. Election Matters • Sebastian PAC monthly campaign reports submitted and provided to press as requested. • Qualified seven 2016 candidates. • Collected treasurer's reports from candidates and provided to press as requested. • Submitted ballot to Supervisor of Elections. • Mailed election assessment checks to State Election Commission Trust. • Prepared Council transmittal for Chamber of Commerce Candidates' forum. Citv Board Matters • Noticed vacancies, prepared transmittal for four board appointments by Council, notified and provided info to appointee, updated Board Handbook and distributed pages and posted on O:drive. • Prepared one certificate of appreciation for outgoing Sebastian representative. • City Clerk prepared agenda, attended/recorded one CRA meeting within Council Meetings. • City Clerk prepared agenda, attended/recorded two Board of Adjustment meetings within Council Meetings. • City Clerk prepared agenda for one Veterans Advisory Committee. • Records Clerk recorded and transcribed one Veterans Advisory Committee meeting. • One legal ad placed for CRA meeting. • Published all scanned City board packets to website and Laserfiche and provided to Council, press and standing requestors. • Records Clerk attendedirecorded one Indian River Lagoon Coalition meeting. • Organized the hiring of a recording consultant for certain City boards/committees. 25 of 178 Cemetery Matters • Certificates of interment Rights issued for 19 locations for a total of $28,200. • Scanned all cemetery records as sold or amended for permanent retention. • Entered into Pontem database all burials and lots/niches sold. PcrsonneVEducational Matters • City Clerk and Records Clerk attended MCCI Laserfiche Webinar July 14th, Organizing Entail, Practical Strategies for Records Management. • City Clerk and Records Clerk attended Neel -Schaffer Hurricane Debris Readiness Workshop, July 14a`. • City Clerk and Records Clerk attended MCC] Laserfiche Webinar July 27a', What's New in Laserfiche 10. • City Clerk and Records Clerk held a records management webinar and training for the City Hall and Police Department staff on September 12d'. • Records Clerk became a member of the Events Committee and attended 2 meetings. Communitv Matters • Responded to or forwarded cityseb emails to appropriate departments. • Prepared two articles for Pelican News newsletter. ADMINISTRATIVE SERVICES • Prepared Yd Quarter 2016 Budget Amendment and made presentation to Budget Committee and City Council. • Prepared agenda and presentations for three meetings of the Budget Review Committee. • Presented power point to City Council on draft operating budget and recommended proposed millage. • Presented power point to Planning and Zoning Board on capital improvement program. • Attended meetings on FEMA approved debris management procedures in preparation for storm events. • Participated in meetings on detailed City-wide Disaster Preparedness Plan. • Evaluated and selected new carrier after an RFP process for General Liability and Workers Compensation Insurance. • Prepared agenda and attended the quarterly meeting of the Police Pension Trustees. • Negotiated the three year PEA and PBA Labor Agreements. • Evaluated and selected company for the employee health insurance program. • Presented power point on recommended budget and capital improvement program at City Council budget workshop. • Presented recommended millage, budget and capital improvement program at the first and final public hearings. • Handled normal processing of payroll, accounts payable and cashiering. • Maintained listing of current capital projects and held frequent meetings with project managers to monitor progress. • Coordinated the quarterly employee investment meetings with the ICMA representative. • Monitored and completed required grant paperwork on Airport and other grants. • Monitored and approved payments on major contracts. • Worked on review and revision of City personnel policies. • Recruited, interviewed and hired replacements for vacant positions. POLICE DEPARTMENT Administration • Continued review of agency policies as per accreditation standards. • Hired an Evidence/Crime Scene Technician. • Hired a Clerk II for the Records Section. + Administration attended 4 Council meetings and l special meeting. • Attended over 100 Law Enforcement related meetings and 49 public meetings and/or speaking engagements. • Administrative personnel attended over 80 hours of training. • Graduated over 20 participants in our 2016 Citizens Academy. • Continued to collect statistical data to include; personnel, community, crime, etc. • Participated in preparation meetings for employee labor agreement negotiations and attended negotiation sessions. Volunteers + The Community Service Volunteers worked a total of 2,374 hours during this quarter. • 57 bank deposit details were made. This service is done for City Hall so employees do not have to leave their assigned duties. • 0 traffic control detail was assigned. These consist of directing traffic at city events, road closures, etc. • 1,288 house watches/close patrols were completed. • 28 vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc. • 75 business checks were made. These business checks are conducted to help the patrol officers keep an eye on the business community which helps reduce crime. 26 of 178 • 55 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 34 Airport checks were made. The visibility helps to deter crime. • 71 special details were assigned. • 0 miscellaneous assists for law enforcement personnel. • 144 paper runs i.e.: State Attorney's Office, Sheriff's Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney packets, and miscellaneous items as needed. • Assisted with traffic control on 15 traffic crash scenes. • 0 warnings for handicapped parking tickets issued and 2 warnings for other parking infractions issued. • 41 citizen contacts. • 424 Miscellaneous jobs. • 13 hours of Funeral Escorts were completed. • 0 hours of patrolling on the boat and checking waterways and businesses along the waterway. School Resource Officer • Officer Penn planned and managed the Christmas in July event to benefit Shop with a COP. • Officer Penn trained new crossing guards and recertified the other crossing guards. • Officer Penn managed the crossing guards. • Officer Penn assisted in the hiring process for a new crossing guard. • Officer Penn completed numerous area/building checks of the schools. • Officer Penn began teaching DARE at Pelican Island Elementary. • Officer Penn began teaching safety classes for Sebastian Elementary kindergarten classes. • Officer Penn conducted anti -bullying trainings at the elementary schools. • Officer Penn assisted road patrol duties to handle calls for service, accidents and covering shift shortages. • Officer Penn provided police service to the students and parents of Pelican Island Elementary and Sebastian Elementary by being present for any problems, questions or concerns before and after school. • Officer Penn manages the RUOK program. • Officer Penn arranged a Code Red drill walk through at 2 of the schools to assess the safety of the schools. • Officer Penn was part of the Emergency Management planning meeting for the Indian River County School District. • Officer Penn took part in a Back to School Bash as a representative of the Sebastian Police Department. • Officer Penn has been part of community outreach events throughout the area. • Officer Penn managed incoming Shop with a COP applications. Road Patrol and Snecial Onerations • Officers were dispatched to 2,694calls for service, and self -initiated 3,321 events. • 72 adult and 8 juvenile arrest were made. • Officers issued 202 citations, 14 parking citations and 591 written warnings. • Officers completed 709 offense reports and 104 crash reports. Citations Wamin2s Incident Reports Arrests Traffic (462) 57 68 1 3 K-9 OR's (41/38/46/37) 42 114 58 11 TOTALS 99 182 59 14 Boat Of; The boat has been deployed several times each month with both officers and volunteers during this quarter. Investilzations July August Sentember Subpoenas 4 4 5 Arrests 2 1 2 Warrants 5 5 9 Training/Meeting Hours 65 35 187 Follow -Ups 71 86 79 Active Cases 45 42 31 Assigned Cases 13 20 12 Cleared Cases 7 8 12 Inactive Cases 10 16 t0 Supplements 25 49 27 27 of 178 Communications Division • 11,014 calls entered into CAPERS CAD, of that • 4,246 were dispatched calls for service + 1,614 were Code Enforcement Self -Initiated calls • 3,228 were Officer Self -Initiated calls • 1,537 were Volunteer Self -Initiated calls • 389 were call dispatch handled without LE & calls entered in error • Total 911 calls received 2,240 of that the breakdown of the lines are as follows: • Wireless 911 calls — 1,754 (cell phones) of which: a. Phase 2 calls — 791 b. Phase 1 call -963 • Land -Line 911 calls — 486 (residential and/or business landlines) of which: • VOIP 911 calls — 177 • Residential — 188 • Business — 120 Blank call type -I Of which: 1,030 were transferred to other agencies and 153 were 911 hang-ups • Total Admin Lines answered 911 phone systems (Solacom) 10,156 • Incoming calls -5,686 • Outgoing calls — 2,517 • Of which: Transferred out of dispatch — 3,620 • Unknown total calls received on the Siemens phones also answered by dispatch. • Training attended: • (9) Dispatchers completed Police Legal Science monthly training + (9) Dispatchers completed APCO monthly training articles • (1) CJIS Training Symposium + (1) FDLE Regional Workgroup Meeting • (1) APCO Conference • (5) FDLE Full Access Certification Training • Radio and playback equipment repaired • Solacom phone equipment repaired • Backup battery replaced at workstations one and two • (1) Dispatcher transferred to Records • (I) Dispatcher hired • Purchased new dispatch furniture • Purchase orders issued for electrical and technical support for new furniture During this quarter, as in all quarters, Communications/Records assisted the citizens of Sebastian with house watch requests and cancellation services, citation sign offs, information, phone numbers and other services by contacting other Agencies and/or Departments for them. Communications receives and dispatches all non -emergency and emergency phone calls, as well as requests for Law Enforcement, Code Enforcement, and Volunteer services. When on calls for services, Communications will assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Driver's License Office, key holders and other Law Enforcement Agencies regarding cases our agency is working. This includes sending teletype messages to DHSMV, FCIC/NCIC, running driver's licenses, tags, guns, boats, articles, and criminal history requests. Communications assists officers with searching for information, phone numbers, etc. Communications provides services to non-residents by answering questions, providing phone numbers, referring them to the proper agency, etc. Communications also assists other agencies with information and/or requests they may have. 28 of 178 4 Code Enforcement Division Of the 1,752 code calls for the quarter, the following is a breakdown of some specific calls made: • Issued 447 written warnings. This ranged from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 105 property inspections for title companies and 112 sign violations. • 469 Code Services. • 603 re -inspections, 46 violations not complied with, 168 were posted for abatement, 43 abated by vendors. • 376 violations complied. • 34 Liens filed, 3 Iiens released. + 180 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an attempt to gain compliance. + There were no calls for water violations during the third quarter. Alarm Assessment + $650.00 in alarm permits (new and renew) • $220.00 in false alarms fines • 146 alarm responses by officers, 63 of these were false. • 46 New permits issued. PUBLIC WORKS DEPARTMENT Roads Division • 4 Road Crossings • 47 Tons of Asphalt put down • Citizen Complaints • Cutting back branches • Clean Fill Pipe • 3 Pallets of cold patch asphalt for pot holes • 10 Pallets of sod installed Sign Shop • Decals made 38 • New type signs made 39 • Total made 125 • Total Post and anchors installed 16 + Clean sign shop Stormwater Division • Vac Truck • Armadillo (12,678) Catch basin (3-6) Swale (27.5) Road crossing (36) • Side Pipe (16) driveway (198.5) • 740' LF of pipe installed • Total 36 Cubic vards • Road Crossing Pipe Back Ditch Pipe 12" HDPE 80' 42" HDPE 140' 15" HDPE 80" 18" HDPE 80" • Armadillo drainage work • 12,678 L.F. of front swale drainage Parks Division • Set up and maintained Riverview Park • Bought 12 carts for the vendors • Added new surface materials on 2 court at Friendship Park Tennis Courts • Installed new tot swings at BSSC & Filbert St. Park • Replaced 2 tennis nets at Schumann Park • Installed Christmas decorations at Clock in Riverview Park • Trimmed trees and shrubs throughout the City 29 of 178 Cemetery • The Cemetery crew did routine mowing, weed eating and edging. • Cleaned and filled pump house. Dug cremains holes, put cones out and picked up cones and signs after service. + Cleaned, organized truck and irrigation area b/c of new stucco. Pre-bid (new columbarium). • Followed contractor repair maintenance building Facilities Maintenance • Continued Daily Maintenance, cleaning and repairs of all Public Works • Continued monthly maintenance schedule on lift stations, A/C filters, gates, etc. • Continued monitoring of contracts with pest control, A/C. elevators, fire sprinklers and fire alarms • Touch up paint Engineers office City Hall • Replace Senior Center lighting and Water Heater (Maxwell) • Repair Community Center Interior lighting & exterior lighting City Hall • Install Exterior handrail Old School House (Shoreline Shutters) • Carpet clean Public Work and City Clerk areas (Nash) • Install drinking fountains Creative and Yacht Club • Repair Generator roof tiles Police Dept. (Leeward) • Repair ballfield pump station for irrigation (Maxwell) • Repair AIC unit Crab E Bills for kitchen (Pelican Island) • Install concrete slab, install wiring circuit, jet pump, remove fountain, and plumb for Fisherman Landing project. Fleet Maintenance The Fleet Management Staff completed 272 repair work orders, 42 preventive maintenance services 15 service calls and 15 road trips to pick up parts. In addition to in-house vehicle/equipment work orders, 15 vehicle and equipment repairs were scheduled and completed by outside vendors. • Took delivery of the following units: • (2) Police Vehicle (PD -03) and (PD -35) • (1) Speed Trailer (PD -83) + (2) Info Trailers (PD -42) and (PD -44) + (2) Building Dept. vehicles (BD -203) and (BD -202) • (1) Stormwater Truck (S W-601) • (1) Cat Excavator (AP -25) • (1) Public Works Roller (PW -98) • Completed the prep (Lights, Rack, Graphics, etc.) on the following • (2) Police Units (1`1347) and (PD -35) • (1) Building Dept. (BD -203) • (2) Ingo Trailer Police (PD -42) and (PD -44) • (1) Speed Trailer -Police (PD -85) • (1) Lightbar (AP -1) • (1) Pick-up (SW -601) • (1) Pump (SW -698) • Purchased EquipmentlVehicles • (1 Tractor/Ditcher/Mower (SW) • (1) Pump (SW -698) • (2) Trailers (P) • (1) Air Compressor (AP) • (1) Mower (AP -05) • Fuel Cost as of the Mar. 31, 2016 is as follows: • $1.70 per gallon of gasoline increase I% over the past 90 days • $1.58 per gallon of diesel fuel decrease of 4% over the past 90 days 30 of 178 AIRPORT • Golf Course Storage Building construction completed by Kern Construction, including a chemical storage shed. • Construction of vehicle service path parallel to runway 05-23 completed and now serves as a safe avenue for tenants traversing between the east and west sides of the Airport. + Joint funding agreements (Federal, State/City) were awarded and approved for: o Design of three new taxiways to serve Runways 05-23 and 28. o Construction of Hangar C, which is 15,000 square feet in size and wiII house a future airport tenant. a Purchase and installation of an upgraded automatic weather observation system (AWOS). • Federal and State applications submitted for joint funding of a new Airport Master Plan update. GOLF COURSE Revenue I5-16 14-15 Difference Total Revenue $147,242 $155,814 -$8,572 YTD Tot. Rev. $1,121,060 $1,325,883 -$204,823 Total Rounds 7,475 8,154 -679 YTD Tot, Rds. 43,146 49,411 -6,265 Green Fee $35,462 $40,737 -$5,275 Cart Fee $86,871 $89,973 -$3,102 Ann. Mem. $0 $0 $0 Ann. Mem. YTD $83,208 $64,282 +$18,926 USGA Hdcp. S20 $0 +$20 YTD Discount Card $5,421 $5,450 -$29 YTD Driving Range $34,410 $39,512 -$5,102 Club Rental $427 $504 -$77 Club Storage $0 $0 $0 YDT Golf Shop Retail $58,462 $60,324 -$1,862 YTD PGA Pro Lesson $2,536 $3,218 -$682 YTD Restaurant Rent $28,473 $29,139 -$666 Comments: 4tb quarter total revenue/rounds down slightly mainly due to September weather, Year to Date revenue/rounds down slightly due to rains of January 2016 & irrigation project. Annual Memberships increased due to elimination of Initiation Fee. Golf shop retail showed modest increase for 4'h quarter and increase for Year to Date. • Charity, Corporate and special Golf Tournaments for 3rd quarter (14-15) included The P Annual Donald O'Connor Memorial Golf Tournament benefitting Friendship Community Church (44 players), Sebastian Elks Lodge (54 players), Melbourne Golf Association (68 players), Sebastian Rotary (50 players), Brevard Golf Association (30 players), Sebastian Chamber of Commerce (128 players) and Brevard Rugby (136 players). • Charity, Corporate and Special Golf Tournaments scheduled for 46 quarter (15-16) included Indian River Airboat Association Golf Tournament (144 players), Palm Bay Golf Association (30 players) and The Sebastian River High School Boys and Girls Golf Team Benefit (96 Players). + Charity, Corporate and Special Golf Tournaments scheduled for IS' quarter (I6-17) include Central Baptist Church, Sebastian Italian -American Club, Sebastian Tiki Bar, Bethpage High School Class Reunion Outing, 2016 Sebastian Amateur and Sebastian Rotary Golf Tournament. • Parking lot lighting initiative has begun. • New fencing installed around FPL equipment and cart -wash area. • Continued landscaping improvements, additional newly planted oak trees and Simpson Stoppers. • Golf Course storage barn completed. • Cart path repair project moving forward. • Golf Course club house, starter station and beverage barn received new tin roof and hurricane shutters. • Organized and executed the 2016 Sebastian River Boys and Girls Golf Team Fundraiser, which netted $4,580 for the high school golf teams. • Offered free golf clinics for Sebastian River Middle School through a conjunctive effort with the Indian River Golf Foundation. • Beginning to plan for 2017 green and tee re -grassing project. • Closing out 2016 irrigation project, adding I2 more irrigation heads for increased coverage. 31 of 178 BUILDING DEPARTMENT • in the fourth quarter of this fiscal year, a total of 42 new single-family homes were issued building permits. Single family residential permitting is identical to the third quarter results. Other permits of significance include I new manufactured home, 0 new commercial building, I commercial addition, 6 commercial alterations, 3 commercial build outs, 2 residential additions and I I residential alterations. In all, 1022 building permits were issued in the fourth quarter. The number of building permits issued this quarter has remained essentially the same as in the third quarter. • Total number of inspections for the fourth quarter was 3547 for an average of 56 inspections per working day. The number of inspections this quarter has also remained essentially the same as in the third quarter. • The number of Certificates of Occupancy issued for the fourth quarter included 63 new single family residences, 10 new manufactured homes, 2 commercial certificates of occupancy and 2 commercial certificates of completion. • The following lists the Business Tax Receipt activity for the fourth quarter: New Businesses -19, Renewals -790, Transfers -6, Duplicates -0, Home Based Businesses -292, Commercial Businesses406, and Solicitor Registrations -9. In addition, there have been 68 requests from lien/title companies for permit records on properties within the city. • Building Department personnel sent out in excess of 1000 Business Tax Receipt renewal notices for the new business year. This is a huge undertaking every year to send out the notice letters, receive the renewal fees, log them into the system and send back their renewed Business Tax Receipt for 2017. This process is being streamlined through our new on-line renewal system, allowing renewals and payments to be done on-line. In addition, the same process is done every year for all of the licensed contractors in our data base who have local licenses requiring an annual renewal fee. 32 of 178 SEAT ;;=&iW HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 25 January 2017 AGENDA ITEM TITLE: Budget Calendar for Fiscal Year 2017-2018. RECOMMENDATION: Approve Budget Calendar for FY 17118. BACKGROUND: Each year, the City Council approves the yearly Budget Calendar outlining the planned meetings and events that are expected to occur as the next fiscal year's Annual Budget and Capital Improvement Program are prepared. Publication of the schedule allows the participants to have advance knowledge of the process and anticipated meeting times. According to State Law, the City's public budget hearings must not be held at the same time as County and/or School Board budget hearings. Staff has not been formally notified of the dates planned by the County and School Board. Therefore, the City's budget meetings have been scheduled based on the days the County and School Board have typically selected in past years. Although there are a few of the deadlines and dates that cannot be changed, the Budget Calendar is a general guideline and is subject to changes based on new information or unforeseen events. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: ATTACHMENTS: Fiscal Year 2017-2018 Budget Calendar. City Manager Authorization: r v / Date: 17 January 20I7 33 of 178 DATE DAY 01/25/17 Wednesday 01/30/17 Monday 02/10/17 Friday 02/13/17 Monday 03/03/17 Friday 03/08/17 Wednesday 04/14/17 05/12/17 05/26/17 06/01/17 06/05/17 06/06/17 06/12/17 Friday Friday Friday Thursday Monday Monday Monday 06/12/17 Monday 06/14/17 Wednesday 06/19/17 Monday 06/23/17 Friday 07/06/17 Thursday 07/10/17 Monday 07/12/17 Wednesday 07/24/17 07/28/17 07/31/17 08/09/17 08/14/17 08/23/17 09/04/17 Monday Friday Monday Wednesday Monday Wednesday Monday CITY OF SEBASTIAN FISCAL YEAR 2017-201.8 BUDGET CALENDAR EVENT City Council @6:00pm -- Approve Budget Calendar and 4`h Quarter Budget Report Budget Review Advisory Board @6:00pm — Kick-off Meeting and Review of 4`, Quarter FY2016 Budget Report Departments Receive Instructions for Capital Improvement Program Budget Review Advisory Board @6:00pm — Review I" Quarter Budget Report Departments Submit Capital Improvement Program Request to Administrative Services City Council @6:00pm — Approve I" Quarter Budget Report Departments Receive Instructions on Operating Budget Preparation Departments Submit Operating Budget Request to Administrative Services Complete Administrative Services Review and Balancing of CIP and Draft Budgets Estimate of Property Values Received from Property Appraiser Budget Review Advisory Board @6:00pm — Review 2"d Quarter Budget Report Complete City Manager Review of CIP and Draft Budgets City Council and Budget Review Advisory Board Receive Recommended CIP and Operating Budget Planning and Zoning Board Receives Capital Improvement Program City Council @6:00pm — Approve 2nd Quarter Budget Report Budget Review Advisory Board @6:00pm -- Presentation of Draft Capital Improvement Program and Operating Budget and Consider Recommendations to City Council DR -420 Certified Property Values Received from Property Appraiser Planning and Zoning Board @7:00pm — Approval of Capital Improvement Program Budget Review Advisory Board @6:00pm — Approve Chair's Presentation of Recommendations to City Council City Council @6:00pm — Receive Budget Review Advisory Board Recommendation and Approve Proposed Millage to be Submitted to Property Appraiser Parks & Recreation Board @6:00pm - Review of Capital Improvement Program Deadline to send DR -420 Proposed Millage Form to Property Appraiser Budget Review Advisory Board @6:00pm — Approve Changes to Recommendation to City Council on Draft Capital Improvement Program and Operating Budget (if needed) City Council @6:00pm — Presentation and Workshop on Budget Recommendations Budget Review Advisory Board @6:00pm — Review 3`d Quarter Budget Report City Council @6:00pm — Approve 3rd Quarter Budget Report Final Adoption of School Board Budget 09/06/17 Wednesday First Public Hearing on County Budget 09/13/17 Wednesday Final Adoption of County Budget 09/18/17 Monday City Council @6:00pm — Special Meeting for First Public Hearing on Millage and Budget/Approval of Capital Improvement Program/Financial Policies 09/23/17 Saturday Advertise the Tentative Millage and Proposed Budget 09/27/17 Wednesday CRA/City Council Meeting @6:00pm — Approve Community Redevelopment Agency Budget/Final Public Hearing on Millage and Budget 09/28/17 Thursday Send Resolution Adopting Final Millage to Property Appraiser 34 of 178 an SE13AST 1 HOME OF PELICAN ISLAND Council Meeting Date: Agenda Item Title: Recommendation: CITY COUNCIL AGENDA TRANSMITTAL 25 January 2017 Forfeiture Fund Distribution Approve donation to the Executive Roundtable of IRC. Background: The Executive Roundtable of Indian River County is an established 501(c)(3) organization requesting donations to fulfill the tasks of effecting positive change and facilitating the needs of families in Indian River County. The Chief of Police is requesting approval of a $2,000 donation to the Executive Roundtable from the Police Forfeiture Fund. If Agenda Item Requires Expenditure of Funds: Total Cost: $2,000.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $2,000 Fund to Be Utilized for Appropriation: Forfeiture Fund Administrative Services Department/CF0 Review: Attachments: City Manager Authorization: Date: 18 January 2017 1. FS 932.7055 2. Chief of Police letter 35 of 178 StattltCS & COnstltu[iOn :Vie%% StillUleS : 0111ir1C SUna"hlne Pa, -,e I u 4 Select Year: 2016 v Go The 2o16 Florida Statutes Ti tie XLVII Chanter 932 Viers Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chi CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property. - (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in viotation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in S. 932.703(7) (b), the agency shalt: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. 1(d) Notwithstanding any other provision of this subsection, and for the 2016-2017 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2017. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal http://wtivvv.leg.state.tl.us/STATUTESlint{ex.ctm`App_Enode=Display_Statute&Search_St... WW' II 8 Statutes & C011SUIEIU011 NieNV StatuteS : Online Sunshine grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. 5uch funds may be expended in accordance vrith the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The tocal law enforcement agency has the discretion to determine which program or programs will receple the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipalitvj may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established in this Zsubparagraph does not preclude expenditures or donations in excess of that amount. (6) If the seizing agency is a state agency, all remaining proceeds shad be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the http://%,-,.vw.leg.state.tl.us/S"fA"1'I.JTES/index-cfm'?App_iiiocle=fDispiay_Statute&Search_St...4�1�'1'0 i�$ ,S1:11111eS ci C011StilUt1U0 :`'iC%% `)LUL11:-S : 0114111e SWIShille Pa,_- ., o l ' -4 Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s, 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (f) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments actin; within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (k) The Division of Investigative and Forensic Services in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (l) The Division of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as' provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency I�ttp;/,««�. le�.st:Lte.11.us'S l:� fl;Tf.S:'inalcz.cl'nl''r1�p _mode=Displa} _ Statute&Scarch_St... � Ofi(Y8 Statutes & Constitution Niew Statutes : Online Sunshine Pa -e 4 of 4 shalt issue a title certificate For such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the taw enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History, -s, 5, ch. 92.54; s, 2, ch. 92-290; s. 21, ch. 94-265; s. 479, ch. 94.356; s. 5. ch- 95.265; s. 72, ch. 96.321; s. 41, ch. 96.418; s. 2, ch. 98.387; s. 3, ch. 98-389; s. 4, ch. 98-390; s- 5, ch- 98.391; s. 2. ch. 98.392; s. 2, ch. 98.393; s. 2, ch. 98- 394; s. 61, ch. 99-245; s. 2, ch. 2000-147; ss. 26, 79, ch. 2002.402; s. 1923, ch. 2003.261; s. 37, ch, 2003.399; s. 3. ch. 2004- 39; s. 38, ch. 2004-234; s. 16, ch, 2004.344; s. 23, ch. 2005-3; s. 19, ch. 2005.71; s. 2, ch. 2005.109; s. 5, ch. 2005-117; s- 11, ch. 2006.26; s. 20, ch. 2006.176; s. 21, ch. 2006-305; s. 7, ch. 2007.14; s. 10, ch. 2007.73; s. 10, ch. 2008-153; s. 207, ch, 2008-247; s. 7, ch. 2009.82; s. 8, ch. 2010.153; s. 18, ch. 2011.47; s. 31, ch. 2012.88; s. 15, ch, 2012.119; s. 4, ch. 2013-5; s. 12, ch. 2013-41; s. 13, ch. 2014.43; s. 22, ch. 2014.53; s. 2, ch. 2015-7; s. 35, ch. 2015.222; s. 58, cn. 2016.62; s. 45, ch. 2016.165; S. 4, ch. 2016.179. 1Note,--Sectinn 58, ch. 2016.62, amended paragraph (4)(d1 "[iln order to implement Specific Appropriations 1219 and 1224 of the 2016.2017 General Appropriations Act." 2Note.—The reference was added in this flush left paragraph by s. 4, ch. 2016.179; the reference may be intended to be to subparagraph 3. Copyright 0 1995-2016 The Florida Legislature • Privacv Statement • Contact Us httpJ,'"4sw.letz.state. li.LIS/ST ATUTES/index. cfm?App_mode=Displa�_S tat utc&Seareh_St..-y101(1Y8 BASTIA POLICE P.NTM$pp yr Pio Sebastian Police Department I -VI Main street Sebastian, Florida, 33958 72-589-53,'i3 Fax 772-388-1$73 e-mail mmorristritvofsebash in.org J. Michelle Morris, Chief January 18, 2017 Council Members, 1 certify per Florida State Statute 932.7055 5(a)(b)3 the donations do comply with the provisions of this statute. Sincerely, J. ichelle Morris Chief of Police 40 of 178 I'M CT SEBSTtAN HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council MeetinLy Date: 25 January 2017 Aizenda Item Title: Forfeiture Fund Distribution Recommendation: Approve donation to the Treasure Coast Crime Stoppers. Background: The Treasure Coast Crime Stoppers is a non-profit organization that provides tip money for persons who call in with information about crimes and the location of wanted subjects. This service is vital to law enforcement and is an important partnership with our community. The Chief of Police is requesting approval of a Forfeiture Fund $1,000 donation to the Treasure Coast Crime Stoppers. If Aeenda Item Requires Expenditure of Funds: Total Cost: $1,000.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $1,000 Fund to Be Utilized for Appropriation: Forfeiture Fund Administrative Services Department/CFO Review: Attachments: 1. FS 932.7055 2. Chief of Police letter City Manager Authorization: r U / i Date: 18 January 2017 41 of 178 Statutes & Constitution :Vi,-%% Statutes : 0111i11e -Sunshine Pa, -,z I ot'4 Select Year: 201 o v Go The 2016 Florida Statutes Title XLVII Chanter 432 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chanter CORRECTIONS PROCEDURE LAVA 932.7055 disposition of liens and forfeited property.— (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to. (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(7) (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (i ). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. 1(d) Notwithstanding any other provision of this subsection, and for the 2016-2017 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2417. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal http://%--v,,.Iec1.staLe.fl.us/STATUTES0/index.cfin'?App_mode=Display_ Statute&Search_St... I U I X18 Statutes ck Constitution N4:%% Statutes : Online Sunshine grants. The proceeds and interest may not be used to meet normal operating expenses of the taw enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall appty to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the taw enforcement agency. 3. Any local taw enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local taw enforcement agency has the discretion to determine which program or programswill receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipatihy may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established in this hubparagraph does not preclude expenditures or donations in excess of that amount. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Itttp:/14"vw.Ieg.state,tl.us/STATUTES/index.cFrn?App_mode=Displav_Statute&Search_St... IIIIOT ��8 Statutes CV, Constitution :1'ie%% Statutes : t)ntine Sunshine Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (e) A state attorney's office actin; within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. if) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into that state university's appropriate local account. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shalt be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shalt be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (j) The Medicaid Fraud Control Unit of the Department of Leal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (k) The Division of investigative and Forensic Services in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (l) The Division of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shalt, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any taw enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency lute:li���tiw.Icu.state. 11.uslSTaTUTi: &'index.cfili? app__node—l) ispla�_Sta►tutc&Searcl1_St...X44 of()1_, ti[tltttleS & ('01IStltt16011 :Vice' StaltlteS : 0ifline Sunshine Pa -e -t o f' 4 shall issue a Otte certificate For such property to said law enforcement agency. (9) Neither the taw enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the lain enforcement agency. History, -s. 5, ch, 92.54; s, 2, ch. 92-290; s. 21, ch. 94.265; s. 479, ch. 94.356; s. 5. ch. 95.265; s, 72, ch. 96-321; s. 41, ch. 96-418; s. Z. ch. 98.387; s. 3, ch. 98.389; s- 4, ch. 98.390; s. 5, ch- 98.391; s. Z, ch. 98.392; s. 2, ch, 98-393; s. 2, ch, 98- 394; s. 61, ch. 99.245; s. Z, ch. 2000.147; ss. 26, 79, ch. 2001.402: s. 1923, ch. 2003.261; s. 37, ch. 2003399; s. 3. ch. 20C4• 39; s. 38, ch. 2004.234; s. 16, ch. 2004-344; s. 23, ch. 2005-3; s. 19, ch. 2005.71; s. 2, ch. 2005.109; s. 5, ch. 2005.117; s. 11, ch- 2006.26; s. 20, ch. 2006.176; s. 21, ch. 2006-305; s. 7, ch. 2007.14; s. 10, ch. 2007.73; s. 10, ch, 2008-153; s. 207, ch. 2008.247; s, 7, ch. 2009.82; s. 8, ch, 2010.153; s. 18, ch. 2011-47; s. 31, ch. 2012.88; s. 15, ch. 2012.119; s. 4, ch. 2013.5; s. 12, ch. 2013-4t; s. 13, ch. 2014.43; s. 22, ch. 2014.53; s. 2, ch. 2015-7; s. 35, ch. 2015.222; s. 58, ch. 2016.62; s. 45, ch. 2016-t65: S. a, ch. 2016-179. 1 Note, -Section 58, ch. 2016-62, amended paragraph (4)(d) "[iln order to implement Specific Appropriations 1219 and 1224 of the 2016.2017 General Appropriations Act." 2Note.-Tire reference was added in this flush left paragraph by s. 4, ch, 2416-179: the reference may be intended to be to subparagraph 3. Copyright o 1995-2016 The Florida Legislature • Privacy Statement • Contact Us I http:!'w4 w.leg.state.11.us/STATIjTFSlindex. rnY?App_mode=Di,pla}_Statute&Scarch St... l N-12016 45 of 178 POLICE DtPARTMENT W �w Sebastian Police Department i21}i Main Slrcet Sebastian, Florida, 32938 772-389-3233 Fax 772-388-181"— e-mail mmorrissWcitvofscbastlan.org J. Michelle Morris, Chief January 18, 2017 Council Members, I certify per Florida State Statute 932.7053 5(a)(b)3 the donations do comply with the provisions of this statute. Sincerely, �IvJ Iichelle Morris Chief of Police 46 of 178 :111 Y S T_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 25 January 2017 Agenda Item Title: Windows Enterprise License Purchase Recommendation: Approve purchase of Windows Enterprise Licenses. Background: The City's laptop and desktop computers were purchased with Windows 7 Professional edition licenses. Windows 7 Enterprise edition licenses provide additional functionality that is required by some departments (example: Police Department requires full disk encryption). There are also enhanced management features that allow City MIS staff to manage the systems more efficiently and would give the option of rolling out technologies to save on future licensing costs (example: VDI — Virtual Desktop Infrastructure). Staff is recommending the purchase of Windows Enterprise Licenses (Quantity: 145) from SHI International Corp. under government contract in the amount of $26,226.15 from DST funds. If Agenda Item Requires Expenditure of Funds: Total Cost: $26,226.15 Amount Budgeted in Current FY: $35,767 Fund to Be Utilized for Appropriation: DST Administrative Services Department/CFO Review: Attachments: 1. Quote from SHI International 2. FL Department of Management Services — 43230000-15-02 City Manager Authorization: Date: 18 January 2017 47 of 178 Pricing Proposal Quotation #: 12484053 Created On: Nov -04-2016 owl Valid Until: Jan -31-2017 City of Sebastian FL Inside Account Executive Barbara Brooke -Reese Jim Grogan Phone: (772) 589-5330 ext 8246 290 Davidson Ave Fax: Somerset, NJ 08873 Email: bbrookereese@cityofsebastian.org Phone: 732-652-0833 Fax: 732-564-8224 Email: Jirr3_Grogan@shi.com All Prices are in US Dollar (USD) Product Qty Your Price Total 1 Windows 10 Enterprise 2015 LTSB - Upgrade license - 1 license - Select Plus - 145 $180.87 $26,226.15 Single Language Microsoft- Part#: KW4-00024 Total $26,226.15 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnnolicv, unless there is an existing agreement between SNI and the Customer. PROVE , 18 JAN 2017 A 48 of 178 CITY OF SEBASTIAN Robert Messersmith 1225 MAIN STREET ATTN:FINANCE DEPT SEBASTIAN, FL 32958 United States Phone: 772-589-5330 ext 8415 Fax: Email: All Prices are in US Dollar (USD) Product 1 Windows 10 Enterprise 2015 LTSB - Upgrade license - 1 license - Select Plus - Single Language Microsoft - Part#: KW4-00024 Additional Comments Contract #43230000-15-02 Pricing Proposal Quotation #: 12484053 Created On: 11/4/2016 Valid Until: 1/31/2017 Inside Account Executive Jim Grogan 290 Davidson Ave Somerset, NJ 08873 Phone: 732-652-0833 Fax: 732-564-8224 Email: Jim_Gragan@shi.com Qty Your Price Total 145 $180.87 $26,226,15 Total $26,226.15 The Products offered under this proposal are subject to the SNI Return Policy posted at www.shi.com/returnnolicv, unless there is an existing agreement between SNI and the Customer. 49 of 178 Licensing Solutions Providers (LSP) of Microsoft Software and Services 1 State Term Co... Page 1 of 3 Skip to Main Content Department of Management Services Florida Department of Manaaement Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Aareements > State Term Contracts > Licensing Solutions Providers (LSP) of Microsoft Software and Services << Return Licensing Solutions Providers (LSP) of Microsoft Software and Services43230000-15-02 Effective Period 02/01/2016 through 01/31/2019 Contract Type State Term Contract • Pricing Contract • Contractors Information How to Use this Contract Frequently Asked Questions Contract Microsoft Word (" 1.30 MB) PDF (' 772.69 KB) Documents Forms and Other Information Amendments and Memorandums Contract • • Administration Carla McBride (850) 414-6131 Carla. Mcbride@dms.rnvflorida.com UNSPSC-43232701, UNSPSC-43230000, UNSPSC-43232300, UNSPSC-43232400, Commodity UNSPSC-43232800, UNSPSC-43233004, UNSPSC-43233400, UNSPSC-43232500, Codes UNSPSC-43231500, UNSPSC-43231507, UNSPSC-43232700, UNSPSC-43232900, UNSPSC-4323270$, UNSPSC-80101507 , UNSPSC-43231513, UNSPSC- 81112200, UNSPSC-81112216, UNSPSC-86141700 Vescription This state term contract permits Eligible Users to purchase Microsoft software license (perpetual and subscription) agreements, under which the Microsoft Licensing Solutions Provider (LSP) has the authority to sell and manage software licenses and maintenance. Benefits • LSP offers the following discounts from the Microsoft Estimated Retail Price (ERP) or Cost Plus for Government Level D Pricing: Select/Select Plus Agreements — Enterprise Agreements (EA) — Academic Agreements- • Select Plus • Enrollment for Education (EES) • Additional discounts for large quantity orders may be negotiated • Dedicated local support teams from both Microsoft and LSP • Statewide coverage for all public sector extensions • Dedicated toll-free access to customer service representatives and licensing specialists • 3 -year maintenance coverage with optional extensions • LSPs can provide structured payments (contact LSP for details) • LSP will be happy to work with any state or local entity on early renewals of software that need to be invoiced prior to fiscal year end. 50 of 178 http://www.dms.myflorida.com/business_operations/state_purchiasing/vendor_ information/... 1/18/2017 Licensing Solutions Providers (LSP) of Microsoft Software and Services / State Term Co... Page 2 of 3 LSPs offer license management tools, software assurance benefits information, cost analysis tools, Microsoft news and training information via newsletters, websites, blogs, YouTube videos and more. Document reader download link MS Word Viewer '-Adobe PDF Reader 51 of 178 http://www.dms.myflorida.comfbusiness_operations/state_purchasing/vendor information/... 1/18/2017 Licensing Solutions Providers (LSP) of Microsoft Software and Services / State Term Co... Page 3 of 3 Terms and Conditions I Privacy Statement I AccessiNirity Statement I Copyright @2017 Department of Management Services - State of Florida 52 of 178 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor information/... 1,18/2017 arra SEBASTIAN ;i� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 25 January 2017 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Ratelle wedding rehearsal dinner at the Community Center. BACKGROUND: Taylor Ratelle is seeking Council approval to serve alcoholic beverages at the Community Center on Friday, 03 February 2017 from 5:OOPM to 9:OOPM. Staff has verified Applicant's date of birth. They are expecting 50 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: ATTACHMENTS: 1. Facility Rental Permit Application 2. Receipt(s) City Manager Authorization: r Date: 17 January 2017 53 of 178 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION Lin IN SEBAsT_1 �Z_ - HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Office Use Only: $250 Security Pd: I — U-17 f-"* Date Initials Rental Fee 7% Tax �.l , QO Total Rental Pd: 1 ! 3 t7 Date itials City Manager Approval: Date Initials City Council Appfoval: Date (if applicable) Police Hire Verification: (If applicable) Initials Date: A/�/ % Cl/Community Center ❑ Yacht Club Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) K56 11 of I b6rn� 54 1 5� 6nCdr?/ Ale - Physical Address ' Mailing Address (if different) _ P,'h4S�i�l' FL. 77,7-fV3 Yxl h To.v/orTr/del/R City State Phone -Mail weW �q Reason for `Rental --type of Function 56 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) .� 13 7 Requested Date Time: From To r 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 y e'5 nU ties t aDate of Birth ri�idby I, /C(r// or- /ZGc�P./ 1P, the undersigned, acknowledge that I am the applicant or authorized agent of the abate referenced organization, that 1 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 sec ity P90 54 of 178 CITY OF SEBASTIAN 10493 ADMINISTRATIVE SERVICES RECEIPT Name Irl�i lit r �D[*�i�r�t� .J Gash Date �a'checic # COnn,M wn.+� C 4y. f2 F,( , 3t 20 17j-�jr�.,��� Credit P K , Amount Paid 001001 208001 Sales Tax d" % Da 001001 220000 Security Deposit Zi 0- 00 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 450010 369900 Airport Badge 001001218010 CobraServe 001501 354100 Code Enforcement Fines 001501 347557 Community Center Revenue 001501341920 Copies 001501 351140 Parking Citation 001501 342100 Police Security Services 001501 329200 Site Plan Review 001501 329300 Subdivision/Plat Review 001501 329100 Zoning Fees d Tota! Paid _3 S--'7.-60 Initials Security Dep Held - Amount $ Check # White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 55 of 178 L[n LT SEBASTIAN ;6MhW0-_- HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 25 January 2017 Agenda Item Title: Resolution R-17-01 Preliminary Plat for a commercial subdivision known as Jackson Street Corners - Quasi-judicial Public Hearing Recommendation: Adopt Resolution R-17-01 Background: Masteller, Moler & Taylor, Inc., on behalf of Remington Stewart, LLP, has filed for preliminary plat approval for a three -lot subdivision located on the southwest corner of U.S. Highway #1 and Jackson Street. The subdivision is a re -plat of a portion of Ocean Breeze Heights, a subdivision originally platted in 1925. The property has 6.11 acres of land area and has frontage on three streets: Jackson Street; Davis Street; and, US Highway #1. Subdivision construction will be site specific for each lot with regards to access, stormwater facilities, utilities, landscaping, etc. Per the Land Development Code, and established City procedures, the Planning and Zoning Commission held a public hearing at its 15 December 2016 meeting to consider the preliminary plat. The Commission, by a vote of 7-0, recommended approval of Jackson Street Corners Subdivision, with the condition as outlined in Resolution R-17-01. If Agenda Item Requires Expenditure of Funds: N/A Administrative Services Department/CFO review: Attachments: 1. R-17-01 2. Preliminary Plat 3. Staff report 4. Minutes of PZ Commission meeting 5. Application City Manager Authorization: Date: 18 January 2017 56 of 178 RESOLUTION NO. R-17.01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS JACKSON STREET CORNERS; PROVIDING FOR CONFLICTS HEREWITH; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owners of the subject land have filed an application for approval of a preliminary plat for a commercial subdivision known as Jackson Street Corners; and WHEREAS, the preliminary plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the preliminary plat for Jackson Street Corners as prepared by David Taylor, P.S.M., of Masteller, Moler & Taylor, Inc., bearing the latest revision date of January 17, 2017, as maintained on file in the City Community Development Department, subject to the following condition: a. A policy and/or statement addressing maintenance of the individual stormwater systems and outfall onto adjacent properties shall be included in the subdivision's Covenants and Deed Restrictions, which is required with final platting. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Ed Dodd Councilmember Jim Hill Councilmember Linda Kinchen 57 of 178 The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of January, 2017. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 2 CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor 58 of 178 PRELIMINARY PLAT FOR GRAPHIC SCALE 2 JACKSON STRtt I CORNERS BEING A REPEAT OF A PORTION OF OCEAN HEIGHTS SUBDIVISION AND .. (IN Fm I\ \ awcacIE LYING IN SECTION 30 TOWNSHIP 38 SOUTH, RANGE 30 EAST nc S ih = 4Q fL \ \\ \ MWENAY / \ 3 S EXISTING LEGAL DESCRIPnDN.%- 9, AND B DONFD PARK AVENUE ADJACENT TO LOT 1 AND LOT 22, OF BLOCK 8; TOGETHER WITH THE SOUTH 40 Z \ 4 \ \ r FEET OF ABANDONED RIGHT-OF-WAY FOR 71I1 STREET CONTIGUOUS TO THE NORTHERLY LOT LINES OF LOTS 9, 10 AND if, BLACK 9. AND THE NORTH 40 FEET OF THE SOUTH LOTONESLOTS 74ATHR0 GH 95BLOCK B, AS DLWNG ESCRIBED INTIGUOUS TO � THE CITY OF SEBASTIAN RESOLUTION NO, R-05-07 AS RECORDED IN OFFICIAL Q� \RECORDS BOOK 1840, PAGE 180, PUBLIC RECORDS OF INDIAN RIVER COUNTY, LESS AND EXCEPT PARCEL ID #30-38-30-00007-0080-00OD6.0 PARCEL ID #30-38-30-00001-080-00006.0 41 Q \ \ 7 \ Fns \ �E lid BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 9, ACCORDING TO y - -.0 THE AMENDED PLAT OF OCEAN BREEZE HEIGHTS, AS RECORDED IN PLAT BOOK 2, PACE 7 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE N5252'12"W ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF PALM AVENUE, A l C! DISTANCE OF 699.93 FEET TO THE CENTERLINE OF ABANDONED JACKSON STREET (117H AVENUE PER PLAT) AS RECORDED IN OFFICIAL RECORDS ROOK[. 9 r' C /4� \ 1840, PAGE 780, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE T� \ \ �� - =� \ \ \ N64'46'48'E ALONG SAID CENTERLfNE, A DISTANCE OF 220.76 FEET,- THENCE d \ 7 e, S2513'12'E, A DISTANCE OF 40.00 FEET TO THE SOUTHWEST RIGHT -OF --WAY 'y \ \ or / �.Ti -(p LINE OF SAID JACKSON STREET; THENCE N6446'48"E ALONG THE SAID ,.DyS' SOUTHWEST RIGHT CF -WAY LINE OF JACKSON STRF-ET, A DISTANCE OF f36.00 r� \ 10 \ / / r A�j >! q�\ \ FEET; THENCE S25'1,3'12"E A DISTANCE OF 140.00 FEET, THENCE N64 46'48'E A C� DISTANCE OF 44.77 FEET; THENCE S2573'12'E A DISTANCE OF 315.00 FEET TO SOUTH LINE OF LOT 5, BLACK 9 OF SAID OCEAN BREEZE HEIGHTS; THENCE N6446'48"E ALONG THE SOUTH LINE OF LOTS 5 AND 4 OF SAID BLOCK B A DISTANCE OF 69.23 FEET OF SAID BLOCK 9 TO THE NORTHEAST CORNER OF j Si LOT 72 OF SAID BLOCK 9; THENCE S25 -13'12 -E ALONG THE EAST UNE OF SAID m LOT 12 A DISTANCE OF 125.00 FEET TO THE NORTHWEST RICHT-OF-WAY LINF 4 �N1'4•� r pow �y+�i / r 2 r '� \ \\ '� OF DAVIS STREET (9TH STREET PER PLAT); THENCE S84'45'4B'W ALONG SAID 4 NORTHWEST RIGHT-OF-WAY LINE OF DAVIS STREET, A DISTANCE OF 145.95 0 G v \ \ FEET BACK TO THE POINT OF BEGINNING, ,� m /0j.- \ " iL�R{.£( (` X30- ), 0-00 1- 12 \\ \, / i / r 4 P P� 95V OD 5]Q / \ \ r LOT Z, BZO�K �: i>M W7Tf� E SOU�OF ABANDONED / OF LOT FOR . B CK 9,, S DE C DESCRIBED IN TO THE NORTH LOT LINES � ,Spm � 5 / / \ \ t+\.�\\ \ \ OF LOT 4 THROUGH 7, BLOCK 9, AS DESCRIBED IN THE CITY OF SEBASTIAN 3g Gt / \ \� \ RESOLUTION NO. R-05-07 AS RECORDED IN OFFICIAL RECORDS BOOK 1840, PAGE 180, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. rn 3n- f%J�Doi-009"-00003.0 / _ \ LOT 3, BLOCK f�i 4 WIyH 7H£ 9" 000" 40 FEET OF ABANDONED RIGHT-OF-WAY FOR 10th STREET, LYING CONTIGUOUS 7.0 THE NORTH LOT LINES b 5 - 22 \ OF LOT 4 THROUGH 7, BLOCK 9, AS DESCRIBED IN THE CITY OF SEBASTIAN RESOLUTION NO. R-05-07 AS RECORDED IN OFFICIAL RECORDS BOOK 1840, T / / \ �\ p / PAGE 180, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 5T3'12'E 40.00' B / / 21 G \\\ PA.BGFL 1D b,3D d A -3R- QD0104.0 \ L A O BL ii 9: T NG NTN SOUTH 4O FEET OF ABANDONED ry SET ~- " � / 20 �� •(\\ RIGHT-OF-WAY FOR 10th STREET, LYING CONTIGUOUS TO THE NORTH LOT LINES Ash \\\\ OF LOT 4 THROUGH 7, BLOCK 9, AS DESCR18ED IN THE CITY OF SEBASTIAN 9 u. 1 „ tom• 1 RESOLUTION NO. R-05-07 AS RECORDED IN OFFICIAL RECORDS BOOK 1840, / $ O W X PAGE 180, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 10 / 19 L.0 cm S� 2 �' '� \ \ LESS AND EXCEPT PARCEL ID #'30-38-3D-000 01-0 08 0-0000 6.0 v $ Y�"'_`L:' ALL OF THE ABOVE MENTIONED LOTS LYING 1N AMENDED PLAT OF OCEAN / O60 18 �. i" �' /\ \ BREEZE HEIGHTS SUBDIVISION, AS PER PLAT BOOK 2, PAGE 7, PUBLIC RECORDS G / 1G �+'7+ \ \ \ OF fNDIAN RIVER COUNTY, FLORIDA, SAID LANDS LYING AMU BEING IN CITY OF 71 / \ / •�g0`p �4 /9 SEBASTIAN, COUNTY OF INDIAN RIVER, STATE OF FLORIDA. o c / 12 Y y ifi oe rtm er6o ersco QTo awgr A�lr 15 J �' 'PDLL PLO 524,r � \ ► � 45 13 74 .T i r a EXISTING SITE DATA: / \ _ OWNERS: REMINGTON STEWART, LLPa ATTN_ STEPHAN NEVELEFF ��� \\ \ n "na 817 DOUGLAS AVENUE, SUITE 177 ` \ \ m ^ ALTAMONTE SPRINGS, FL 32714 SEBASTIAN LAND GROUP, LLC��?} ATTN: ELISE WINTERS ?F a cu \ 15 yp$ 1006 DREW STREET �' sag3 OpERR CLEARWATER, FL 33755 �9r- 7 9�ti4 \\ 14 coo 6 �' SITE ADDRESS: VARIES J N" ' 3 TAX 11) #'S: 30-38-30-00001-0080-00001.0 30-38-30-00001-0080-00006.0 B 30-38-3D-OOOOf-0090-00002.0 2�, $� OQ1b / / /r'+ UA IL/ 30-38-30--00001-0 090-00003.0' 30-38-30-00001-00 9 0-00004.0 11 r / 2r Ots SCALE SITE AREA: 6.11 ACRES Ina 9 51di vies EE-t�p / / SHEET N0. ZONING: CR COMMERCIAL RIVERFRONT p ���$fiR I of 3 FUTURE LANG USE: RIVERFRONT MIXED USE 10� oA / IB /. , a5 'Y� ' /' R��tv�o �� NO• g r !AN Is Gf7 DRAWN BY 7 EXISTING LAND USE: VACANT COMMERCIAL � 'a8 C / / 'DMT c.x„m foseba.;lan APPROVED BY PROPOSED LAND USE. COMMERCIAL \" OWL u -a / C DRAWING NAME ' : )9 of 1 C76257a11.Jwn PRELIMINARY PLAT FOR JACKSON STREET CORNERS BEING A REPLAT OF A PORTION OF OCEAN HEIGHTS SUBDIVISION AND LYING IN SECTION 30, TOWNSHIP 38 SOUTH, RANGE 30 EAST LEGAL DESCRIPTION METES AND BOUNDS OESCRIPTTON FOR OVERALL PROPERTY BEGINNING AT IHE SOUTHWEST CORNER OF LOT 10, BLOCK 9, ACCORDING TO THE AMENDED PLAT OF OCE4N BREEZE HE7OM AS RECORDED IN PLAT BOOK 2 PAGE 7 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE N52W'12'W ALONG THE NORTHEAST RIGHT—OF—WAY LINE OF PALM AVENUE, A DISTANCE OF 699.93 FEET TD THE CENTERLINE OF ABANDONED JACKSON STREET lttTH AVENUE PER PLAT) AS RECORDED IN GMUAL RECORDS BOOK 844 PAGE 184 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE N64.48'419E ALONG SAID CENTERLINE; A DISTANCE OF 220.76 FEET; THENCE 52573'12 F, A DISTANCE OF 40.06 FEET TO DHE SOUTHTWEST REGHT—OF—WAY LINE DF SAID JACKSON STREET; THENCE N64.4648E ALONG THE SAID SOUTHWEST REGHT--OF—WAY LINE OF JACKSON STREET A INSTANCE OF 436.00 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER t; THENCE S3B'4D 44E ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 338.71 FEET TO AN NNTFRSECTTON WITH THE NORTHERLY LINE OF SAID BLOCK 9, THENCE S6446'48'W ALONG THE SAID NORTHERLY UNE A DISTANCE OF 152.90 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF LOT 2 OF SAID BLOCK 9; THENCE 52513.12-E ALONG THE SAID EASTERLY LINE A DISTANCE OF 125.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 2; THENCE W4'46'48'W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF LOT 12 O" SAID BLOCK 9; THENCE 52513727E ALONG SATO EASTERLY LINE A DISTANCE OF 125 -OD FEET TO THE SOUTHERLY LINE OF SAID BLOCK 9; THENCE 56446.48-W ALONG SAID SOUTHERLY LINE A DISTANCE OF 145.95 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 266,099.0 SQUARE FEET OR 6.11 ACRES MORE OR LESS APPLICANT.. RS SEBASTIAN DEVELOPMENT, LLC ATTN: STEPHAN NEVELEFF 817 DOUGLAS AVENUE, SUITE 177 ALTAMONTE SPRINGS, FL 32714 SURVEYOR: MASTELLER, MOLER & TAYLOR, INC. 1655 27TH STREET SUITE 2 VERO BEACH, FL 32960 ENGINEER: MASTELLFI2 & MOLER, INC. 7655 27TH STREET SUITE 2 VERO BEACH, FL 32960 LOCA TION MAP: 1" = 200' GRAPHIC SCALE u a w 0 { Ix vzsi ) i inch = 4G IL 51 m i K 'JAIL 6'V ' 61/2;/2016 SCALE POINT CF SYEFT Mb. OF J BEGINNING / 2 FILE ND.. 6251 \ DRAWN EY \ / DUT APpRO4ED 8Y OMT 60 of T7C IAwg \ qr \ \ 4,b 10 �A \ C00514 4, m i K 'JAIL 6'V ' 61/2;/2016 SCALE POINT CF SYEFT Mb. OF J BEGINNING / 2 FILE ND.. 6251 \ DRAWN EY \ / DUT APpRO4ED 8Y OMT 60 of T7C IAwg PRELIMINARY PLAT FOR JACKSON STREET CORNERS BEING A REPLAT OF A PORTION OF OCEAN HEIGHTS SUBDIVISION \ �V* �� of AND LYING IN SECTION 30, TOWNSHIP 3B SOUTH, RANGE 30 EAST LEGAL DEaCRIP77ON BEGINNING AT THE sourN EST CORNER OF LOT 10• BLOC( 9, ACCORDING TO THE AMENDED PLAT OF�f' c OCEAN BREEZE HETGHT% AS RECORDED IN PLAT BOOK 2, PAGE 7 OF THE PUBLIC RECORDS OF INDIAN \ 6 \ \ �� g!� �i _- p� RIVER COUNTY, FLORIDA, THENCE N5252-12-W ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF PALM '�€. AVENUE, A DISTANCE OF 699.93 FE"E7 TO THE CENTERLINE OF ABANDONED JACKSON STREET (117H AVENUE \ \ f�! PER PLAT) AS RECORDED IN OFFICIAL RECORDS BOOK 1840. PAGE 18q PUBLIC RECORDS OF INDIAN R74ER 5 - 1 A... . COUNTY, FLORIDA; THENCE N6446'48'E ALONG SAID GFNTERUN$ A DISTANCE OF 220.76 FEET; THENCE � �F'EE� G \ p 52573'121 A DISTANCE OF 40,00 FEET TO THE SOUTHWEST RIGHT-OF-WAY UNE OF SAID JACKSON \ \ Y ,r'-� V STREET; THENCE N644848'E ALONG THE SAID SOUTHWEST RICHT-OF--WAY UNE OF JACKSON STREET A DISTANCE OF 436.00 FEET TD AN INTERSECTION KITH THE N£STERLY RIGHT OF WAY UNE OF U.S. HIGHWAY \ 10 \ i .✓G' •S i a0. O9 \''. \ \� - 0 NUMBER T; THENCE S38'40'44'E ALONG SAID WESTERLY RIGHT OF WAY UNE A DISTANCE OF 336,71 FEET i ( 1 Sy G ,�,�T 3 °'✓A - 'nV TO AN IJVTERSECRON NTH THE NORTHERLY LINE OF SATO BLOCK 9; THENCE S6446'48'W ALONG THE SAID NORTHERLY LINE A DISTANCE OF 76290 FEET TO AN INTERSECTION WITH THE EASTERLY UNE OF LOT 2 OF SAID BLOCK 9; THENCE S2513'12'E ALONG THE SAID EASTERLY UNE A DISTANCE OF 725.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 2"' THENCE S6446'48'W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF LOT 12 OF SAID 810CC 9; THENCE 52573'12'E ALONG SAID EASTERLY LINE A DISTANCE OF 125:00 FEET TO THE SOUTHERLY LINE OF SAID BLOCK 9; \ \\ / d"� O Ty+� �t.`S� \ \ '� \ \ Q THENCE 56446'48'W ALONG SAID SOUTHERLY UNE A DISTANCE OF 145.95 FEET TO THE POINT OF SAID PARCEL CONTAINING 286,099.0 SQUARE FEET OR 6.11 ACRES, MORE OR LESS 12 PROJECT DESCRIPWAl' !' Ag'E i� �i g • \ `'�� \ a' THIS PRGJECT PROPOSES THE TO TA E'E (ON SEVERAL \ i o i ��i ,$2$73'12 E 40.00'- � �T Lv Ea751TNG RESlDENDAL LOTS INTO-H-IREE (3) COMMERCfAL LOTS. �� Y 1^jSE pY p.G npy556 5 0 1• \ 12 me 2693, \ \ GENERAL NOTES �F�iCa $6448'48'W 44.77' \ \ i. THERE ARE NO MORTGAGE HOLDERS FOR THE F SUBJECT PROPERTY. 2 PROPOSED LOTS 2 ANO 3 ARE NOT BEING DEVELOPED AT IHTS TIME ANA ALL EXISTING AND REOUNED qy \ PROPOSED IMPROVEMENTS• INCLUDING ROADWAY, 4, J mrJunFlm sY D1RERs FRONTAGE UTILITIES AND STORM DRAINAGE �?' 3y. W64 o p IMPROVEMENTS WILL 8E CON57RUC7E0 SITE SPEGF[G. J. ALL PUeuC U11L1TIE5 INCLUDING WATER, SEWER, POWER, TELEPHONE AND GAS ARE AVAILABLE AND HAVE BEEN COORDINATED W1TM THE RESPECTIVE PROVIDERS. \ 6� N� {y5 Ha', \ 4. ALL EXISTING WELLS AND SEP77C SYSTEMS HAVE OR SHALL BE ABANOONEO AS REQUIRED BY THE APPROPRIATE GOVERNMENTAL AGENCIES. 5. EACH LOT SHALL BE RESPONSIBLE FOR MAINTENANCE W O \ \ L7R RESPECTIVE STORM WATER SYSTEM PER THE DECLARATION OF COVENANTS, CONOITTONS, EASEMENTS AND RESTRICTIONS. OF TH\ YAy`}_ •po. \ \ HI 6. THE SUBJECT PROPERTY LIES W FLOOD ZONE "X" BASED UPON FLOOD INSURANCE RATE MAP #1206;G010.1 A- 0'V � 2 I{� \ m h, DATED 12-4-i2. \ L� + \ \ Y0�Yy \ \\\ \ 0F LvU TY PROVIDERS g� LLn _ WATER/SEWER INDIAN RIVER COUNTY` ELECTRIC FLORIDA POWER & LIGHT ? _ CABLE TV CCMCAST f� g`P.,A TELEPHONE ATT \ r Nw3 3 \ i (u T7 Site Information '�?S + ;a, A� O / / w ° nor sriEnaea=zss,Dse.D rU•«e.n Acores 4�F f, S `� �,�� 4W zoNlN ; cR caMMsncwL NIYFWFNOtTT CONSTRUCTION NOTES: $� Punnte Laren uss: RnTa:RPRONr MMeause 1. ALL 017UPES MUST BE PLACED UNDERGROUND PURSUANT TO THE CITY OF exis LANA use VAe TCONnlencwt SEBASTIAN LAND DEVELOPMENT REGULATION (EOR).4' I Y" P6oPoseD UND use caw,ler5cw. 2THE CONSTRUC71ON SHALL FIELD LOCATE ALL EXT51ING UTILTTY ONES AND STRUCTURES PRLOR TO CONSTRUCTION. J. OTHER EASEMENTS AS REQUIRED SHALL BE RECORDED AS SEPARATE 1N5TRUMENTS \ �, ►" �+ Ty OR PROVIDED FOR ON THE FINAL PLAT. Zonino Criteria (CR) Commercial Riverfront 4.PROPOSEO INDIAN RIVER COUNTY PUBLIC WATER. OA ALN 95 �0�t�� - / c g [3 i RDOUIRED rNmrnseDfor +_ PROPasED wrz PROPOSED �or3 5.PROPUSED WOTAN RIVLR CGUNTY,PUBLIC SEWER. ✓�' A$ i MKLDTSI ' Ic.MSF ,Y ,985 sv W, '7w E2 427 Sr S. ALL CONSTRUCTION ON OTE TO 8E DONE PER ALL CITY OF SEBASTIAN STANDARDS 7764 / \s UAIL M LwrwtorN� 75' szs sr IM- 145.95 AND SPECIFICATIONS. / 9/25/2016 e sLor DePD1: Isr zri.sr.` z`-000' OOP 7. ALL UTILITY CONSTRUC77CN ON SITE TO BE DONE PER I.R.C. U7ILITY STANDARDS \ � � SCALE Mw. rano se-rnncKs: paW O� Pnorrt: a ezls' nMVI nMw AND SPEClFlCA TIONS. \ / VI � 1,-40, SIDE 5' 553] SMS, 5`FYN 8. ALL IRAFFIC SIGNS SHALL MEET THE STANDARDS OF THE 'MANUAL ON UNLFORM / REAR +o- azx,v MW ,a MM GlNNlNG SHEET NO. MAzs ILDXa HMKTT 35. tux 3Fr . as`rwwx 3r MA)L TRAFFIC CONTROL DEVICES.' LATEST EDITION. 8E3 OF 3 MA%. OuwlNc cav�wce: I22% Sax Sax 9. ANY ABANDON FLOW WELLS FOUND ON SITE SHALL RE PLUGGED PURSUANT TO r \ / FILE NO. Mex. IMPERVIOUS surlEAce: eox ss,Iu eox w% OOH AND S.J.R. REGULATIONS. \ / GRAPiftC SCAT.P. 6251 MrN.✓KN SPACE 29% 4xsx lou 2O 10. ALL CROSS WALKS SHALL HAVE TRUNCATED DOME WARNING SURFACE SYMBOL ON \ DRAWN BY MAx KoMAREA W%\ 4391: sox 59x THE 9ULWALK AUJACENT TO THE PAVED ORNEWAY PER FDOT INDEX No. 304. \ \/ L DMT , APPROVED 8Y t IN FEET) OMT 1 Woh = 40 R q'�/y�}�'� 61 of 1 I O NAME 6251.1t. d- CDC+ SEAT-" HOME OF PELICAN ISLAND Community Development Department Preliminary Plat Review Staff Report 1. Project Name: Jackson Street Corners - A re -plat of a portion of Ocean Breeze Heights Subdivision 2. Requested Action: Subdivision Preliminary Plat Approval 3. Project location a. Location: Property located on the southwest corner of the intersection of U.S. Highway #1 and Jackson Street b. Legal: Provided — See Survey C. Indian River County Parcel Numbers: 30-38-30-00001-0080-00001.0 30-38-30-00001-0080-00006.0 30-38-30-00001-0090-00002.0 30-38-30-00001-0090-00003.0 30-38-30-00001-0090-00004.0 4. Project Owners: Remington Stewart, LLP Mr. Steven Neveleff 817 Douglas Avenue, Suite 177 Altamonte Springs, Florida 32714 5. Project Engineer: Earl Masteller/Scott Harmody Masteller & Moler, Inc. 165527 1h Street, Suite 2 Vero Beach, FL 32960 (772) 567-5300 Fax: (772) 794-1106 6. Project Surveyor: David Taylor, PSM Masteller, Moler & Taylor, Inc. 165527 1h Street, Suite 2 Vero Beach, FL 32960 (772) 564-8050 1 62 of 178 7. Project Description: a. Narrative of proposed action: The subject property was originally platted in 1925 as Ocean Breeze Heights for a residential subdivision. A portion of the original streets, throughout the years, have been formally abandoned for development, and for the construction of U.S. Highway #1, which ultimately divided the subdivision in half. The applicant purchased his property in 2012, and inadvertently subdivided a larger parcel without properly platting. If approved, the current application will bring the division, and lots, into compliance. The applicant is proposing a 6.11 acre, three -lot commercial subdivision located at the southwest corner of the intersection of Jackson Street and U.S. Highway #1 west to the Florida East Coast Railway. All lots will have access from Jackson Street, U.S. Highway #1, or Davis Street. A master stormwater system is not being proposed as each lot will be developed site specific. All lots are able to receive utility services, and traffic impacts will be reviewed on an individual basis for each lot through the site plan process when a use is proposed. b. Current Zoning: CR (Commercial Riverfront) C. Adjacent Properties: Zoning Current Land Use Future Land Use North: CR restaurant RMU East: CR restaurant RMU South: CR Retail/office RMU West: C conservation C d. Site Characteristics: (1) Total Acreage: 6.11 acres (2) Current Land Use(s): vacant (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: Satellite fine sand, St. Lucie sand, wetlands, aquifer recharge area Sand Pine scrub to the east Willow & Elderberry Wetlands to the west Zone X Indian River County Utilities Indian River County Utilities 2 63 of 178 (8) Parks: Friendship Park -'/2 mile (9) Police/Fire: Sebastian Police -'/2 mile IRC Fire --'/2 mile 8. Comprehensive Plan Consistency: a. Future Land Use: Consistent b. Traffic Circulation: Consistent C. Housing: n/a d. Public Facilities: Consistent e. Coastal Management: nla f. Conservation: Consistent g. Recreation and Open Space: nla Contents of Preliminary Plat: a. name of subdivision: Jackson Street Corners b. vicinity sketch: provided C. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation: provided f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: final plat info i. statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: provided 3 64 of 178 M. names of owners of record of adjacent acreage: on file n. contour map including a perimeter strip up to 150 feet in width. Site plan info o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided P. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: All proposed lots are adjacent to collector or arterial streets — Jackson Street, U.S. Highway #1, and Davis Street - and can meet compliance. Location will be determined through the site plan process for each individual lot. S. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided U. a statement that all utilities are available and have been coordinated with all required utilities: The property is located in the Urban Service Boundary for water and sewer, and existing lots were previously serviced for electric, telephone, and cable V. sites proposed for parks, recreational areas and schools: n/a W. location of all temporary structures or permanent structures having a temporary use: n/a X. if borders public water, delineate the mean high water line: n/a Y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: n/a Z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all 4 65 of 178 Points provided on final plat occur as block plat rng with 10. ►,terse Perimeter returns block lin,;tin Required Stipple to be provie/ ont fb/Ock Corners , lines; to be a, mental Info ►na/ piat Hers Or b exist,,, land use P rrnation: Other block line C. on-Site Wastewater Policy and proposed surface water m disposal data; on poli chan5es; n/ regarding and future a �e d R ss wmaneed nge of Alan. on future site plans d' tra{fic trotions dom�nt dd s eaSteSnq e plans, b ut e for eacImpact analys►S. required by final j bdi Outfall nto as enent required n review. Traffic in fornation a o pat. Cove adjacent cover? P required ed park land and/°r ti n will be pro vid and re ed potable water ► f acyl ►tY imArovem ed ind'vidually 9u►red ants: n/ h. ero wastewater / mAr°vements• Indian a ► r s►On and sedimentation an River County Utilities . eference t° required natio, cOntr°Jim Indian River Count /rhes Ji. i. access; ed improvements Provements• Provided y Utilities ed iv . blocks; of attire s/te plans V. CO br►d9es: n/a p/ans la rehe n/a Vi. ,sive stOrmwater vii• easements: Viii. lots: provided iX. seawalls Providemanagement sYste X. soils: ' bulkheasd m' future site xii. b►cYcle/Ae pa videdAiers and docks: n/ Vii. °ff'stree destrian a xiv. utilities: t Parkin Paths; uti/itY i, 9 area n/a xv. st future s; nla xvi. ce cent waterat►°n xvii ntral w system , future )(Viii. ►ndividualastewater system. future water and Sew, eSys., future reatrnent and Proce S ss'ng plants: n/a 66 of 178 xix. median strips and entranceways: future XX. traffic control devices: n/a xxi. monuments: final plat xxii. commercial and industrial subdivisions: provided xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: n/a 11. Zoning district dimensional regulations: All lots in compliance: a. minimum lot size b. minimum width: c. minimum depth: 12. Fee paid: yes 13. Additional considerations: 10,000 square feet provided 75 feet provided 125 feet provided The western portion of the proposed subdivision largely consists of wetlands, as shown by the delineation line marked on the plat through Proposed Lots 2 & 3. A thorough environmental report for Proposed Lot 1 was submitted earlier with an application for site plan approval for that lot, and it indicates the subdivision is within a radius of protected Scrub Jay families. As each lot is developed, through the site plan process, staff will require confirmation by all applicable jurisdictions that their environmental concerns, regulations, and requirements have been addressed and or completed properly. Because this is a re -plat of Ocean Breeze Heights, existing utility easements established by its plat will be abandoned, and newly proposed easements as depicted on the Jackson Street Corners plat, will be dedicated through the final plat process. When the eastern portion of Madison Street's ROW was abandoned in 2013, an agreement was executed by the two adjacent property owners, and an ingress/egress easement was dedicated to the southern property. This easement is proposed to remain, and is also shown on the proposed plat. In the past, two of the smaller existing parcels had mobile homes placed on them, but have since been removed along with the septic tanks. Unused power poles, and an existing flow well, will be removed and capped during development of Lot 1. 14. Other Matters: The applicant has indicated that the application for final plat approval of Jackson Street Corners will be submitted in the very near future. Providing that all reviews of the final plat have been completed, it is the intent of staff to present both the preliminary plat resolution of approval, as well as the final plat resolution of approval to City Council at the same meeting. This is possible because there are not any comprehensive subdivision improvements required at this time as each lot will be developed site specific, and overall subdivision construction plans are not necessary. 6 67 of 178 15. Conclusion: The proposed three -lot subdivision [replat] is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. 16. Recommendation: Staff has completed a thorough review of the proposed Jackson Street Corners subdivision preliminary plat and recommends approval with the following condition: 1. A policy and/or a statement addressing maintenance of the individual stormwater systems and outfall onto adjacent properties shall be included in the subdivision's Covenants and Deed Restrictions, which is required with final platting. PREPARED BY DATE 7 68 of 178 PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 ROLL CALL: Mr. Roth -- Yes Mr. Carter —Yes Mr. Alvarez — Yes Ms. Kautenburg — Yes Mr. Qizilbash --- Yes Mr. Simmons (a) — Yes Mr. Hughan (a) — Yes Total vote was 7-0. Motion Carried 6. Quasi -Judicial Public Hearinas A. Public Hearing — Recommendation to City Council — Preliminary plat for Jackson Street Corners (Commercial) Subdivision — A Re - plat of a Portion of Ocean Breeze Heights Subdivision — SW Corner of the intersection of Jackson Street & U.S. Highway #1 — 6.11 Acres — Commercial Riverfront (CR) Zoning District. Mr. Ginsburg read the Project Description Narrative for the Record. Mr. Roth asked if there was any ex -parte communications that needed to be reported — no one responded. Mr. Ginsburg swore in those planning to testify before the Commission on applications shown as Items 6 A. and 6 B on the Agenda. Mr. Roth called on the applicant to make his presentation. Mr. Earl Masteller, Masteller & Moler, Inc., Vero Beach, FL, stated that he is the Project Engineer and is a resident of Sebastian. He introduced Mr. Steven Neveleff, Remington Stewart, LLP, representing the Project Owner, Mr. Masteller stated that the staff report is very comprehensive and that he or Mr. Neveleff will answer any questions the Commissioners have after staff's presentation. Mr. Roth requested the staff presentation. Ms. Bosworth stated that application being presented is the Preliminary Plat Review for a portion of the Ocean Heights Subdivision. She reviewed the three surveys before the Commissioners and provided a history of the property. She stated that when the re -plat is complete there will be three lots, and each parcel will come before the Commissioners for Site Plan Approval as they are developed. Ms. Bosworth reviewed the staff recommendations providing details on what is existing and what is proposed for the property. She concluded that staff recommends approval of the proposed Jackson Street Corners subdivision preliminary plat with the condition that a policy be included in the Covenants addressing maintenance of individual storm water systems which will be on each of the lots. Mr. Roth stated that the corrections to the plat that were referred to were not included in his documentation. Ms. Bosworth explained that because this application will be forwarded to City Council, the corrections to some verbiage and removal of a line will be done prior to forwarding the application. She stated that she wanted it on the record that these changes will be made. 69 of 178 PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 Mr. Roth called for questions of the staff. Hearing none he called for questions of the applicant. Mr. Qizilbash noted that the lots are owned by two separate entities. He expressed concern about the drainage issue. Ms. Bosworth explained that the stormwater systems is a condition of approval. Mr. Neveleff stated that he and his partner own the two companies shown on the plat and the entire parcel of land is under their ownership. Mr. Roth opened the Public Hearing. He called for anyone wishing to speak in favor of the application. Seeing none he called for anyone wishing to speak in opposition to the application. Seeing none he closed the Public Hearing and called for questions or comments from the applicant. Mr. Neveleff stated that they are in full agreement with the staff report and recommendations. He asked that the Commissioners approve the application and forward it to the City Council, Ms. Bosworth stated that staff recommends approval with the condition that a policy and/or statement addressing maintenance of individual stormwater systems be included in the Covenants and Deed Restrictions, which is required with final plating. Mr. Hughan asked for details regarding ingress/egress to 'the individual lots. Ms. Bosworth responded that because they will be developed individually ingress/egress will be addressed at the site plan stage. He pointed that there is a shed encroaching lot 1. The applicant responded that will be addressed during development. He asked about the sidewalk on lot 1. Ms. Bosworth responded that it will be included in the final plat as a proposed easement and dedicated for public use. Mr. Roth called for any further questions. Hearing none he called for a motion. MOTION: by Carter/Qizilbash "I make a motion to recommend to the City Council the preliminary plat for Jackson Street Corners re -plat of a portion of Ocean Breeze Heights Subdivision at the southwest corner of the intersection of U.S. Highway #1 and Jackson Street with the conditions recommended by staff." Mr. Roth asked if the motion was clear, hearing no response he called for a Roll Call. ROLL CALL: Mr. Roth —Yes Mr. Qizilbash —Yes Mr. Alvarez — Yes Mr. Carter —Yes Total vote was 7-0. Motion Carried Ms. Kautenburg — Yes Mr. Hughan (a) — Yes Mr. Simmons (a) — Yes 70 of 178 MASTELLER, MOLER & TAYLOR, INC. PROFESSIONAL SURVEYORS & MAPPERS February 9, 2016 Dorri Bosworth, ,Zoning Technician City of Sebastian Current Development 122$ Main Street Sebastian, Florida 32958 RE:C uoa� "�74cjcsoAl sTet�'� [bNes ' Preliminary Plat Submittal Dorri; Enclosed please find our application for the preliminary plat for the proposed -S�L.0-'CSU„ Cvi if; �c� L�- Geftt-er. This plat is a re -plat of an older subdivision, Ocean Breeze Subdivision which included fifty foot wide lots not suitable for commercial development. As you are aware, this property is vacant except for a small portion on the south which contained 2 residential units that were demolished in 2013. During the years, the majority owners, Remington Stewart, LLP acquired different parcels to comprise the overall boundary of the lands to be subdivided. In May Of 2015, Remington Stewart deeded a 3.3 acre portion to the Sebastian Land Group. As representative of these co-owners of the overall property, we are requesting to formally re -subdivide the property and properly identify the limits of three (3) proposed commercial lots. This plat will create three (3) lots for future development with no proposed easements at this time. However, an existing ingress/egress easement that allows access to the Plaza One property that lies south of the proposed plat shall remain in place. A site plan for Lot 1 is being designed at this time and we expect a submittal within a few weeks. The remaining two lots will remain vacant until future plans are conceptualized. Please feel free to contact our office if you have any questions or need additional information. Sincere MA EL t R, M R & T INC. id M. Taylor, PSM President Enclosures cc: Stephan Nevele f f, Remington Stewart, LLP RECEIVED 1655 27" Street, Suite #2 1 Vero Beach, Florida 32960 Phone: 772.564.8050 1 Fax: 772.794.0647 dt52430)bellsouth,net I www.mmrtstirvev.net 71 of 178 j Permit Application No. City of Sebastian FOW(WPMK Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name.- David M. Taylor Address: 1655 27th Street, Suite #2, Vero Beach, Florida 32960 Phone Number: ( 772) 564 - 8050 FAX Number: ( 772 ) 794 - 0647 E -Mail: dt5243@bellsouth.net Owner (If different from applicant) Name: RemiRVton Stewart, LLP Address: Post Office Box 953578, Lake Mary. Florida 32795-3578 Phone Number: ( 407 ) 767 - 6474 FAX Number: ( 772 ) 629 - 1140 f E -Mail: -- - -- — --- - sneveleff@stewartrealtyadvisors.com Title of permit or action requested: Preliminary Plat PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COFIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH TME APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Commerce Center B. Site Information Address: SW Intx of Jackson Street & U.S. Highway No. 1 I Lot: Block: Unit: Subdivision: Block 8 Amended Plat of Ocean Breeze Heights Indian River County Parcel #: 3038300000100800000 1 A & 6.0, 30383000001009000002.0, 3.0 & 4.0 Zoning Classification: Future land Use: CR - Commercial Riverfront Riverfront Mixed Use Existing Use: Proposed Use: Vacant Commercial Commercial C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): See attached letter DATE RECEIVED,/10o /Ka FEE PAID: $ CSO .cXD RECEIVED 1 Y:�K--�C 0 A rl D L_0 Foy 'ilrz;- PI -W 72 of 178 Permit Application No. D. Protect Personnel: Agent: Name: David M. Taylor Address 1655 27th Street, Suite 2, Vero Beach, Florida 32960 Phone Number: ( 772 ) 564 ___8050 FAX Number: ( 772 ) 794-0647 E -Mail: dt5243@bellsouth. net Attorney: Name: To be determined Address Phone Number: ( ) - FAX Number: E -Mail: f Engineer: Name: Earl H. Masteller Address 1655 27th Street, Suite 2. Vero Beach, Florida 32960 Phone Number: ( 772 ) 567- 5300 FAX Number: ( 772 ) 794-1106 E -Mail: mastmolr@bellsouth.net Surveyor. Name: David M. Taylor Address 1655 27th Street, Suite 2, Vero Beach, Florida 32960 Phone Number( 772 ) 564 - 8050 FAX Number: ( 772 ) 794-0647 E -Mail: dt5243@/Jbellsouth.net Hae7 Al //.r�lGLfA_,;% BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: 7C I AM THE OWNER I AM THE LEGAL REPRESENTATIVE bF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCLIRA 7E�ANND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE I''J�~3 .SP�kiW'2; 24_"!:%L7V DATE nAC 0 mrannG.17 -z —-1 SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TOME OR PRODUCED AS IDENTIFICATION, THIS -C- DAY OF NOTARY'S SIGNATURE PRINTED NAME RY SOi4tMISS10� ���8 FS�i A�,�, i 1Z ''L00\ %EAL. _% ��,......... T ��� 't�•.o� IE •p. F.� �i ZQ�'G p.' .% �.MM 'r�'��C`p ti?196? :•''�'��`�� flapID `,``,, 73 of 178 L7 VY LT SEBAST_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: 25 January 2017 A,zenda Item Title: Sebastian Train Depot Recommendation: Consider Depot Relocation Appropriation Backeround: At the 11 January 17 Council meeting, Kathy McDonald, President, Sebastian Area Historical Society, made a presentation concerning the `former' Sebastian Train Depot building. In, approximately, 2010 that structure was moved from Sebastian/IRC to a location in Ft. Pierce, Florida and is currently under the purview of the Stearn Locomotive Association. The property where the building is located is being sold and the new owners want the building removed. The City Manager received instructions to investigate the possible relocation of the building to Sebastian. The Sebastian Building Official was sent to inspect the structural integrity of the building and to advise the Manager on `rough' estimates for rehabilitation. A series of pictures are attached to indicate some negatives, and positives, that were found. In 2010, the building was moved to Ft. Pierce by Youngblood & Sons Building Movers of Sanford, FL. The City Manager has contacted the company and received an estimate of $40-$45,000 to relocate the building to Sebastian. Two (2) scenarios are offered to suggest uses, and cost estimates, for the project. 1. After establishing the structure `somewhere' in the CRA district, the building could be refurbished as a `historic static display' with, perhaps, a railcar alongside, or in the vicinity. Estimated cost is $80,000. 2. With a CRA district presence, the building would be converted to house historic exhibits and permit visitor entry. Extra code issues would have to be addressed increasing the cost to, approximately, $120,000. Total cost, including relocation, would be approximately, $120,000 to $165,000. There is a possibility that grants may be available for reconstruction. Since `time if of the essence' for the relocation, the grant process would not be a possibility. Attachments: City Manager Authorization: Date: 18 January 2017 Pictures 74 of 178 00 ti 4- 0 LO M drlI NOR _ t J i •. wW � W WI w�1�nY • V'n41 w4W W1 seta-cxe l�ou1 QPl�a1d 'P�alueg suog 4 pnolg6unox Yl may,. w L- �'f; yr - - ,fie` � .. �, - � • � .r.�.'•``. �.,. _ �. _ it �♦ la '� ..,6 cT � �i •� I `f���r. _ _ ' • - ►_, ,� ��, !- tri - ''�g�"r" .�' �+' � - f l r y �. 4414 -6 bi6, A .'�� 1 j~'l. - h -'��'�. ..:fir �';!�"3\.�;, - - i _�•�"''q.�-•' Y } lt.✓'�-• •�• -� ' Vii, h ,` I- AV ' • i J _ x - _ _ _"'i P y) !�., rl1� i i ' 11 9 86 of 1.78 87 of 178 I IIl� 87 of 178 I On a SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: January 25, 2017 Aqenda Item Title: Regulation of Medical Marijuana Dispensaries Recommendation: Consider Planning and Zoning Recommendation to Council. Background: Attached is a transmittal to the City Council that concludes with two options for the regulation of medical marijuana dispensaries: "The Council may consider two options: 1. SPECIAL USE. The Land Development Code (LDC) has no provision for marijuana dispensaries. If the City receives an application for a dispensary, it would be treated as an application for a special use and appropriate conditions could be imposed. No LDC amendment is necessary. 2. CONDITIONAL USE. The LDC could be amended to allow dispensaries in specified zoning categories, and the amendment would also provide a number of applicable conditions." On January 19, 2017, the P & Z voted to recommend that the City Council adopt the conditional use option. If council agrees, the P & Z will work to create an appropriate amendment to the Land Development Code and forward it to council for its consideration and possible enactment. Attachments: City Council Agenda Transmittal Form, dated November 16, 2016 (without attachments) Florida Department of Health Memorandum City Attorney Authorization: Date: 1-7,o -1 `7 on �. SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: November 16, 2016 Agenda Item Title: Amendment 2 - Medical Marijuana Recommendation: Discuss the issue and provide instructions to the Planning and Zoning Commission, which should be tasked with the responsibility of making recommendations to the Council. Section 54-1-2.4, Land Development Code. Background: On October 12, 2016, the City Council sought advice with respect to the passage of Amendment 2 at the general election of November 8, 2016, dealing with medical marijuana. (See attached constitutional amendment.) The threshold policy issue for the City Council is the degree of dispensary regulation desired. On the one hand is access to physician -prescribed medication by seriously ill patients. On the other hand, we're dealing with a substance that has been illegal for almost a century, that is still proscribed by federal law (see attached U.S. Justice Dept. memoranda), and that some consider a "gateway" drug potentially harmful to children. The Council may consider two options: 1. SPECIAL USE. The Land Development Code (LDC) has no provision for marijuana dispensaries. If the City receives an application for a dispensary, it would be treated as an application for a special use and appropriate conditions could be imposed. No LDC amendment is necessary. 2. CONDITIONAL USE. The LDC could be amended to allow dispensaries in specified zoning categories, and the amendment would also provide a number of applicable conditions. (See attached examples) Attachments: Constitutional Amendment U.S. Justice Dept. Memoranda Comparable Regulations City Aktomey Authorization: -r Date: _/_I %.II& it Patients diagnosed with terminal conditions are eligible to receive an order for medicaI cannabis, which contains the psychoactive ingredient THC. Florida law defines a terminal condition as progressive disease or medical or surgical condition that causes significant functional impairment, is I. First, patients must schedule a face-to-face consultation with a qualified physician who has undergone the not considered by a treating physician training required to ordercannabis forpatients.You can find a complete list of qualified physicians here. to bE reversible even with the three may only order cannabis for a patient if he or she has treated them forthe immediately preceding three months. administration of available treatment 2. To qualify for medical cannabis, a patient must be diagnosed with a terminal condition that is attested to by his or options currently approved by the her physician. That diagnosis must be confirmed by a second independent evaluation from a board-certified United States Food and Drug physician in an appropriate specialty for that condition, Fnany, patients must have considered all other treatment Administration, and, without the options for the terminal condition currently approved by the United States Food and Drug Administration. administration of life-sustaining I The physician must obtain written informed consent of the patient or the patient's legal guardian to treat with procedures, will result in death within medical cannabis that includes; ■ An explanation of the currently approved products and treatments for the patient's terminal condition. o n e yea r after diagn osis If the ■ An attestation that the patient concurs with his or her physician in believing that ail currently approved products and condition runs Its normal Course. treatments are unlikelyto prolong the patient's life. ■ Identification of the specific investigational drug, biological product, or device thatthe patientis seeking to use. Section 381.986, Florida Statutes, as ■ A realistic description of the most likely outcomes of using the investigational drug, biological product, or device. The amended by Chapter 2016 -123, laws of description shall include the possibility that new, unanticipated, different, orworse symptoms might result and death could he hastened by the proposed treatment. The description shall be based on the physician's knowledge of the Florida, includesseveralrequirements proposed treatment for the patient's terminal condition. for a qualified patient to receive an s A statement that the patients health plan orthird-party admin istrator and physician are not obligated to pay for rare or treatment consequent to the use ofthe investigational drug, biological product, or device unless required to do so by law orderformedical cannabis: orcontract. s A statement that the patient's eligibility for hospice care maybe withdrawn if the patient begins treatment with the investigational drug, biological product, or device and that hospice care may be reinstated if the treatment ends and the patient meets hospice eligibility requirements. s A statementthat the patient understands he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that liability extends to the patient's estate, unless a contract between the patient and the me nufacturer of the investigational drug, biological product, or device states otherwise. 4. The physician enters the order of medical cannabis for the named patient In the Compassionate Use Registry and updates the registry to reflect the contents of the order. The physician must deactivate the patient's registration when treatment is discontinued. 5 The physician maintains a patient treatment plan that includes the dose, route of administration, planned duration, and monitoring ofthe patient's symptoms and other indicators of tolerance or reaction to the medical cannabis. The physician submits the patient treatment plan quarterly to the University of Florida College of Learn more: Pharmacy for research on the safety and efficacy of medical cannabis on patients. Compassionatellse B.Finaly,a atientma flltheirorderata ualifeddis dispensing organization.Thedis dispensing organizationwillveri fY�flhealth.gov the identity at the patient or legal representative, as well as the order in the Compassionate Use Registry. A dispensing organization may not dispense more than a45 day supply. T. The use of medical cannabis does NOT Includethe following: s The possession, use or administration of medical cannabis by smoking. a The transferof medical cannabis to a person otherthan the qualified patient forwhom it was ordered. a The use of medical cannabis an any form of public transportation, in any public place, in a qualified patient's place of a employment, I restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus orvehicle. HEALTH 90 of 178 CM Lf SEBASTIAN HOME OF PELICAN ISIAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 25 January 2017 Azenda Item Title: Rebuild Public Fishing Piers/Docks Recommendation: Modify Reconstruction of Piers/Docks Background: In early October 2016, Hurricane Matthew delivered a glancing blow to Sebastian. The City received relatively minor damage to public facilities. However, five (5) of the City's piers/docks received major damage. City Staff has been working with FEMA officials in order to determine: 1. if the damage qualifies for assistance; and, 2. to apply for appropriate reconstruction funding. The pier/dock reconstruction bid has closed. The Low Bid is: $1,396,670. If the project is determined by FEMA to be reimbursable, the City's exposure would be $174,583, assuming no change orders. A major concern for Staff is the possibility/probability of another hurricane inflicting similar, or greater, damage after a reconstruction effort. Future damage may not be FEMA reimbursable. In order to mitigate that risk, Staff is recommending modification of a full dock/pier reconstruction with the following: 1. Rebuild only 70' of the 146' pier at Crabby Bill's (Attachment 2); 2. Eliminate/Demolition of the 255' pier north of the Main Street Boat Ramp (Attachment 3); 3. Rebuild 180' only of the 380' pier north of the Main Street Boat Ramp (Attachment 3); and, 4. Rebuild 150' of the 370' pier at the Yacht Club (Attachment 4). Any modification to the FEMA standard of "replacement to pre -disaster condition" would need appropriate approvals. In an effort to mitigate future risk and to reduce present financial exposure, Council consideration and direction is requested so Staff may develop a proper strategy. Attachments: L Bid 16-24A results 2. Crab E Bill's Pier 3. Main Street Pier 4. Yacht Club Pier City Manager Authorization: Date: 18 January 2017 91 of 178 Bid 16-24A Rebuild (5) Public Fishing Piers Bid Opening Date: Tuesday - January 10, 2017 @ 2:00 p.m. Contractor 1 Shoreline Foundation, Inc. 2 Brothers Construction 3 Underwater Engineering Inc. 4 Ferreira Construction, Inc. I► City of Sebastian '1"'A SE BASTAN }-TOME OF PELICAN ISLAND BID TOTAL SHEET Bid Poposal Amounts $1,823,346.00 $1,463,300.00 $1,567,435.00 $1,396,670.00 moa SEBASTIAN HOME OF PELICAN ISLAND FISHERMANS LANDING CITY OF SEBASTIAN North N.TS- k, /h,, l Z co cil0 00 ,,It« SEAT" HOME OF PELICAN ISLAND YACHT CLUB PIER CITY OF SEBASTIAN anor SE',!AN HOME OF PEUCAN ISIAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 25 January 2017 Agenda Item Title: Sebastian Golf Course Restaurant/Bar RFP Recommendation: Approve RFP process for SMGC Restaurant/Bar Lease Background: In December 2015, the City Manager, and the Director of Golf, met with DTF (Dennis and Theresa Fink), the current Lessee of the Eagles Nest Restaurant/Bar at the Sebastian Golf Course (SMGC) Clubhouse. The purpose of that meeting was to remind DTF of the expiration of the restaurant Concession Lease in November 2017, and to notify them that if they wished to extend the term of the Lease, they should consider submitting a proposal. In November 2016, after not receiving a response from DTF, the City Manager assigned several City Staff members the task of drafting a Request for Proposal (RFP) for a SMGC "Restaurateur." In late December 2016, the Director of Golf hand -delivered a letter, from DTF, to the City Manager (Attachment 1). The City Manager forwarded that letter, and the RFP draft, to Council. The RFP "invitation" was sent to newspapers on Wednesday, 11 January 2017 for publication. On 13 January 2017, the City Manager received hand -delivered correspondence from DTF requesting extension of the subject Concession Lease beginning on 20 November 2017 (Attachment 2). Page 7 of the existing Eagles Nest Concession Lease provides, "So long as Concessionaire is not in default of any term, condition or covenant provided herein, concessionaire, shall have the option to renew this Agreement for two (2) additional ten (10) year terms ("option Term") provided that the City, within its sole discretion, approves the renewal thereof." The City Manager is requesting Council direction in consideration of the DTF request. Attachments: 1. DTF correspondence — 22 December 2016 2. DTF correspondence — 13 January 2017 3. Concession Lease 4. Sebastian Golf Course Restaurateur RFP # 17-01 City Manager Authorization: Date: 16 January 2017 96 of 178 DTF CORRESPONDENCE 22 DECEMBER 2016 97 of 178 Date 12-22-16 To: Joe Griffin, City Manager & Greg Gardner, Director of Golf From: Dennis & Theresa Fink, DTF, Inc A brief history in reference to the Sebastian Municipal Golf Course concession lease. The City was losing money in the food & beverage operation, and in 1990, put out an RFP to contract out the Food & Beverage Concession at the city golf course. A letter to the City Attorney Nash from the City Manager McClary states "..........As you may recall, no one responded to this RFP, and.....it was re -issued ...... and since the Finks' response closely tracks the original RFP ... please draft concession agreement". In 1992 or 1993 we worked with the City to get a special Alcoholic Beverage license through the state legislature, which would allow us to sell alcohol to the general public. One reason was that it was against the law to sell to anyone unless they were a member or if they paid for a tee time. We had golfers hitting range balls, want to come in for a beer or drink, but were not allowed to be served alcohol. I thought it was important to get this license just for this reason alone, for us, as well as the City. The second reason was that the City was working on an expansion project. I felt it was important to be able to sell to the general public to make it financially workable. We succeeded in this matter, and a special license was issued which we pay approximately $2K yearly. In 1994 we renegotiated our lease due to the fact that the cart barn electric which charges all the golf carts was included in our bill and also A/C equipment and insulation issues. The base rent was increased to $1250 per month and all utilities were included and we paid a percentage of alcohol sales. In 1992 or 1993 the City voted to build a new clubhouse and pro shop for approximately 400,000. As was stated in the then City managers proposal to council in 1992 when he wanted to expand ".....the main objective of the expansion program is to make us more competitive with other local golf courses." It was passed, and then later because of financial considerations, rejected. Around 1995 it was suggested by the golf pro and other city personnel that we finance the expansion of the facility, and after careful consideration, we decided that with the new liquor license, allowing us to serve the general public in addition to golfers, it was a risk worth taking. The City knew we would be making a large financial commitment, including a lien on our home. We worked out an agreement with the City that we all felt was fair. It was a long term goal and included a 20 year lease and two 10 year options. We were assured that as long as we were in compliance we would not have problem with the extensions. We still have an SBA loan of approximately 65K in which our home was used as collateral as well as 35K in outstanding business debt. The lease options are needed to continue to pay off our debt. We hope the City will honor its commitment to us and renew our option terms. It is important to note that the City benefited from the expansion and we accomplished that goal to make Sebastian Golf more competitive, giving the golf club the seating it needs for golf tournaments and provides breakfast, lunch, dinner and cocktails to golfers as while as the general public including the tax payers of Sebastian. It should be noted that we put our time, money and work experience to make this a valuable commodity and more importantly, we are one of the few food and beverage operations of surrounding golf courses that have succeeded. We are excited about the renovations taking place and would like to continue to be a part of it. We have had a lot of input about changes to our operation and want to work with the city to make it the best fit for the Golf Club and the City. I would respectfully request that you support our position to grant our option years. 98 of 178 We believe fair value square footage should be determined based on other golf course operations and city leases. It should also take into account our past expansion and addition to the clubhouse which was expanded from 40 seated to 144+. It should also be based on future Capital improvements as well. We also believe it should be a fair rent for both sides that will allow for appropriate pricing and value at the Golf Course. One of the questions to me at the meeting was why did a group go to a local club rather than the clubhouse. I think a lot of that is that we are non-smoking and our pricing is somewhat higher. Although we are competitive, as Greg will vouch for, we are not as low as a non- profit club with volunteer staff and tax exemptions. But compared to Sandridge, where a domestic beer is $4 and Imports are $5. Our prices are 2.75 and 3.50 for 4 or more....well below them. A couple of examples were brought up during our meeting on December 15, 2016, regarding rent and maintenance, CJ Cannons and Crabby Bills. Based on the information I have, $6,000 per month rent of CJ Cannons is based on approximately 6,900 Sq feet or 88¢ per square foot. 3200 square foot for our facility would be 2,800 per month. They are also in an area which has the County Complex, Piper and a much more populated area. The 8,000 + a year taxes are paid by the City. Our 5,200 per year or 433 per month are paid by us, which should be deducted if you are comparing rents. They have two banquet rooms and have seating of 368 which is 2 % more seating then us has substantially more in sales. A small case in point, I was reading a couple of articles about Cannons which claimed the banquet rooms were fully booked for the Holidays. I also read that Elite Airlines has added approximately 25 more breakfast to their totals on Mondays alone. By comparison, in the last three Mondays, we averaged less than 20 breakfasts in all, and had total average daily breakfast and lunch sales of $425. Crabby Bills restaurant & retail are less than 50¢ and 1,173 a year in taxes. It was approximately 20K a year when it was Hurricane Harbor. Our 3,200 sq foot would be 1,600 a month based on this lease plus our taxes are 5 times what is being paid. This retail and eatery is in a highly desirable location on the river. I would like to add Sandridge Golf Club since this is a county course and more in line to what we do. Their rent is approximately $2,000 a month and has the same seating although not all under air. It includes electric, water and sewer. Sandridge also has two golf courses and the rounds of golf and tournaments are more than double. In all these cases, we built the large expansion of the Clubhouse. By 2034 when the last payment is scheduled, we would have paid out of $250K, in addition to cash payouts, credit cards and our own hard work. Our main objective was to serve the golfing public. The addition was an added amenity to the City Golf Course so we could better serve the golfers and tournaments. In order for this to work, we needed to, and I believe, rightly so, to have a facility open to all residents of Sebastian. We need the twenty years plus the two ten year options to make this work financially for us and I believe that was the intent of the City as well. 99 of 178 We are willing to work with the City in the area of maintenance and improvements. We spend on average at least $15K a year in maintaining or improving equipment and furniture and will continue to do. We would like our two terms renewed as written and based on the agreed amount of fair rent, we will complete the list below in a timely manner as determined by the City. All costs are approximate • We will pay our portion of electrical. • Replace Carpet as needed • Replace Kitchen Flooring • Dining & Lounge acoustical improvements • Update dining & lounge decor including seatingibooths arrangements • Update Fire System in Kitchen • Dining room divider for meetings and/or upgrade patio • New lighted Outdoor Sign on Main Street ( in a joint venture or solo ) We would also provide: • Special Pricing for Tournaments & Golf Groups • Joint Advertising Dollars • Discount Cards or Benefits as determined by the City Thank you in advance for your time and consideration. Dermis Fink DTF Inc $1,500/ Month $6K $6K $3/5 K $5/15K $4/5K $2/25K TBD 100 of 178 DTF CORRESPONDENCE 13 JANUARY 2017 101 of 178 Date: To: From: Re: CC: RECEivL- City Manager's Concession Lease Renewal JAN 13 2017 January 13, 2017 Joe Griffin, City Manager, Sebastian, FI Dennis Fink & Theresa Fink, DTF INC, 100 Brush Foot Drive, Sebastian, FI Option to renew Concession Agreement at Sebastian Golf Course As per our Concession Lease, we are writing to renew our food service Concession Lease with the City of Sebastian for the Sebastian Golf Course for the first ten (10) year term beginning November 20, 2017 and ending November 20, 2027. We anticipate appropriate amendments to the Concession Lease to bring our rent in line with comparable golf course food concessions. CONCESSIONAIRE DTF, INC By: � -�t_ Dennis R. Fink President Theresa L. Fink Vice President Sebastian City Counsel le /-("-/ 102 of 178 CONCESSION LEASE 20 NOVEMBER 1997 103 of 178 CONCESSION LEASE ORIGIN4L This Concession Lease, made and entered into as of this 20th day of November, 1997, by and between the City of Sebastian, Florida, a Florida municipal corporation, 1225 Main Street, Sebastian, Florida 32958 ("City"), and DTF, Inc., a Florida corporation ("Concessionaire"), and Dennis R. Fink and Theresa L. Fink (collectively, "Guarantor") 643 Chesser Avenue, Sebastian, Florida, 32958. WITNESSETH: WHEREAS, the City, as owner of the Sebastian Golf Course, located at 101 East Airport Drive, in Sebastian, Florida ("Golf Course"), desires to amend that certain lease for a food service concession within the Golf Course Clubhouse to provide for anexpansion of the same for better accommodation, convenience and welfare of the general public and the users of the Golf Course; and WHEREAS, Concessionaire possesses substantial experience in the food service industry; and 1 WHEREAS, the City and Concessionaire currently are parties to a Concession Agreement, dated November 9, 1994, which granted Conssionaire the exclusive right to provide food services in the Clubhouse and Snack Bar Facility located on the Golf Course (First Agreement); and WHEREAS, the parties hereto desire to amend the First Agreement to allow for an expansion contingent on the occurence of certain events; and WHEREAS, Guarantors have a financial interest in Concessionaire and desire to induce the City to enter into this Agreement with Concessionaire by providing the guarantees set forth herein. NOW, THEREFORE, in consideration of the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. Improvements: The City acknowledges that the concessionaire desires to expand the existing premises, which are more particularly descibed in Exhibit "A" which is attached hereto andincorporate herein by this reference ("Concession Facilities" or "Premises)in order to increase the size and seating capacity of the Concession Facility, at the Concessionaire's sole cost and expense ("Improvements"). The City hereby consents to the Improvements, subject to the terms contained in this section. N ty � 'fit t (a) The Concessionaire shall construct all Improvements in a manner which ensures that such Improvements do not in any way curtail the use of the Golf Course usual operations and provided, further that any such Improvements are approved, in writing, by the Sebastian City Manager prior to commencement of any construction. Concessionaire covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements. (b) Concessionaire shall indemnify, defend and hold the City harmless from any actions, claims, losses, damages or liens resulting from acts of Concessionaire, its agents, employees or contractors in performance of the construction of the Improvements on or to the Concession Facilities. Concessionaire at its sole cost and expense, shall furnish to the City a surety company performance bond in favor of the City issued by a company acceptable to the City, or other securities satisfactory to the City, in an amount at least equal to the estimated cost of the construction of Improvements, or other assurances satisfactory to the City, guaranteeing the completion thereof within a reasonable time, subject to unavoidable delays, free and clear of all encumbrances, security interests, chattel mortgages, conditional bills of sale, and other charges, and in accordance with the plans and specifications approved by the City. (c) Concessionaire shall require its contractors to furnish the City with evidence of adequate insurance coverage 3 prior to its contractor performing any work. Concessionaire agrees that all Improvements shall, upon the termination of this Agreement for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. All structures and fixtures of every kind now or hereafter erected or placed on the Premises shall, at the end of the term or earlier termination of this Agreement, for any reason, be and become the property of the City and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Concessionaire and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixture personalty owned by the Concessionaire at the expiration of the term or earlier termination of this Agreement, for any reason, shall continue to be owned by Concessionaire and, at its option, may remove all such personalty, provided the Concessionaire is not then in default of any covenant or condition of this Agreement, otherwise all such property shall remain on the leased premises until the damages suffered by the City from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Concessionaire of any such personalty shall be promptly repaired and the premises shall be fully restored to its original order and condition by Concessionaire 4 forthwith at its expense. Any such personalty not removed at or prior to such termination shall become the property of the City. A list of non -fixture personalty owned by the Concessionaire shall be submitted to the City Manager prior to the occupancy of the new expansion area. A copy of the list shall be filed with the office of City Clerk. As additional items are added to the Concession Facilities, the Concessionaire shall update the list and file it with the City Manager with thirty (30) days of adding it to the Concession Facilities. (d) The City acknowledges that, in order to finance the Improvements, the Concessionaire will have to receive a loan from a bank or other lending institution. Since the Concession Facilities are located on City property and not the property of the Concessionaire, the lender will require an assignment clause as described in paragraph 30 of this Agreement. The Concessionaire agrees to be responsible for all of the costs associated with the construction of the expansion and remodeling of the Concession Facilities area (except for the cost of the air conditioning system and the carpet area in the existing part of the Golf Course Clubhouse which will be paid by the City), including the repayment of any loans. (e) Since the construction activity associated with the Improvements will have a temporary detrimental affect on the business and it's income, the Basic Concession Fee as established E in Paragraph 3 shall be reduced by one-half (4) during the period of construction continuing until a Certificate of Occupancy is issued for the improvements, provided, however, that said reduction end one hundred and eighty (180) days following the date of the issuance of a building permit for the construction activity, if a Certificate of Occupancy has not been issued. (f) The Concessionaire shall not be entitled to reimbursement by the City, for any amounts paid by the Concessionaire for the Improvements unless this Agreement is canceled or terminated for any reason whatsoever by the City prior to the end of the Term thereof except default by the concessionaire as delineated in Section 13 of this agreement. If this Agreement is terminated by the City, during the Term, the City shall reimburse the Concessionaire for all amounts paid by the Concessionaire for the Improvements up to, and including the date of termination of this Agreement. 2. Termination of FirstAgreement, The parties hereby agree to terminate the First Agreement as of the effective date of this Agreement. Provided, however, that in the event that construction of the Improvements does not commence within the six (6) months of the effective date of this Agreement, this Agreement shall terminate and the First Agreement shall be reinstated. In the event that the First Agreement is reinstated, the difference between the amount of the Basic Concession Fee and the Alcoholic 6 Beverage Gross receipts percentage fee in the First Agreement and this Agreement shall be due and owing to the City and shall be collected as provided herein. 3. License: Subject to the terms and conditions set forth in this Agreement, the City hereby leases to Concessionaire space in the Clubhouse at the Golf Course, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein ("Concession Facilities" or "Premises"), for the operation, expansion and maintenance a food service business. The City grants to the Concessionaire the sole, exclusive, and personal license, right, permission and privilege to operate a food service business at the Golf Course. The City will take reasonable steps to prohibit unauthorized consumption of food and beverages. 4. Te The term of this Agreement shall be for twenty (20) years, commencing as of November 20, 1997 and ending on November 20, 2017, ("Expiration Date"), unless earlier terminated as provided herein ("Term"). So long as Concessionaire is not in default of any term, condition or covenant provided herein, Concessionaire, shall have the option to renew this Agreement for two (2) additional ten (10) year terms ("Option Term") provided that the City, within its sole discretion, approves the renewal thereof. Written notice of Concessionaire's decision to request renewal of this Agreement shall be delivered to the City no later 7 than one hundred and eighty (180) days prior to the Expiration Date. Following the Expiration Date, the terms, conditions and obligations provided herein, shall continue in full force and effect until such time as this Agreement is renewed or terminated. An election to terminate this Agreement shall not be effective, unless the electing party shall give the non -electing party written notice of such election at least ninety (90) days prior to the effective date of termination. 5. As rental for the Premises hereby leased and as a compensation for the right, permission, license and privileges hereby granted, the Concessionaire agrees to pay to the City during the Term the following sums: (a) Basic Concession__ Fee: Concessionaire hereby agrees to pay the City, the basic concession fee of sixteen thousand one hundred eighty eight dollars ($16,188) per year, payable in equal monthly installments of one thousand three hundred and forty nine ($1,349.00) each, on the first day of each calendar month commencing as of January 1, 1997, and continuing on each successive month thereafter for as long as this Agreement remains in effect ("Basic Concession Fee"). Any payment not received by the first of each month shall be subject to a late fee of 1.5% of the amount due per month until paid. (b) Adjustments to Basic Concession Fee: The Basic Concession Fee shall be adjusted at the end of the first five (5) 8 years of the Term, by the average of the previous five (5) years of the increase (or decrease) in the Consumer Price Index ("CPI") for all urban consumers for the southeast region as published by a national financial newspaper, such as the Wall Street Journal. This average CPI amount shall be added to the Basic Concession Fee then being paid and this new amount shall be the Basic Concession Fee paid annually for the next five (5) years. Thereafter, the Basic Concession Fee shall be adjusted at the end of each five (5) years of the Term, or any renewal thereof, by the average of the previous five (5) years of the increase (or decrease) in the CPI for all urban consumers for the southeast region as published by a national financial newspaper, such as the Wall Street Journal. This average CPI amount shall be added to the Basic Concession Fee then being paid and this new amount shall be the Basic Concession Fee paid annually for the next five (5) years. D Alcoholic Bevegage Gross Rece�j,8rs Percentage Fee: In addition to the Basic Concession Fee, Concessionaire shall pay to the City, on a monthly basis, seven percent (7%) of the Concessionaire's alcoholic beverage gross receipts (sales less alcoholic beverage surcharge and sales tax) as determined under and according to the terms set forth in Paragraph 6(h) of this Agreement. 6. Use of Eguinment: Concessionaire shall be entitled to use the snack bar and equipment provided by the City and listed on 7 Exhibit B, which is attached hereto and incorporate herein by this reference ("Equipment"). Concessionaire shall maintain all equipment used in the operation of the Concession Facilities, whether such equipment is owned by the City or by Concessionaire, in good working condition, subject to normal wear and tear. Concessionaire shall indemnify the City against any loss, theft or damage of the Equipment, when said loss, theft or damage is the result of the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall promptly repair or replace equipment which is lost, stolen or damaged within thirty (30) days of such loss, theft or damage. Upon the expiration or termination of this Agreement, Concessionaire shall return the Equipment to the City. Concessionaire agrees to pay the City an amount equal to the current replacement price of each item not returned, or returned in an unserviceable condition, ordinary wear and tear excepted. In the event of the termination, or upon the expiration, of this Agreement, the City shall have the first option of purchasing, for an amount equal to the current replacement price of each item, any or all of the property belonging to Concessionaire and used by Concessionaire in the performance of its obligations hereunder, including but not limited to, furniture, furnishings, equipment, utensils, food, beverages and miscellaneous supplies on hand, which option shall be exercised by the City within thirty (30) days prior to the date 10 of the termination or expiration of this Agreement. The City shall conduct a physical inventory of all equipment on September 30th of each fiscal year. Concessionaire shall have the exclusive right to use and to exercise control over any and all vending machines located in or about the Concession Facilities which dispense food or beverages. The City shall be responsible for all maintenance, repair and replacement of Concession Facilities, including, but not limited to, air conditioning and heating units and roof, except for repairs made necessary by the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall be responsible for all maintenance, repair and replacement of operating equipment used in the operation of a food and beverage business, subject to normal wear and tear. 7. Continugus Operation: Concessionaire shall operate a food service business in the Concession Facilities seven (7) days a week, including all holidays except Christmas, during the normal daily hours of operation of the Golf Course, plus any additional hours as determined by the Concessionaire. Concessionaire may, but is not required, to open the Concession Facilities, or remain open for business, on those days the Golf Course is closed due to inclement weather. Concessionaire shall open the Concession Facilities for business at least one-half (4) hour prior to the first tee time and close no earlier than one hour after the pro - shop is closed. Concessionaire shall ensure that food services 11 shall be available for tournaments, special events and meetings. Concessionaire may operate a hospitality cart with the fee for use of such cart included in the basic concession fee. B. QBeration and Management (a) Standards of Opgration: Concessionaire shall operate the Concession Facilities in a businesslike manner appropriate to the image of a golf course operation. The operation of the Concession Facilities shall be conducted in an orderly manner, without unnecessary disruption to the Golf Course operations. The City hereby reserves the right to review and give final approval, through the City Manager or his designee, on all facets of the operation of the Concession Facilities, including, but not limited to, cleanliness, entertainment, parking and employees; the items on the menu, prices and hours of operation, except for the hours as determined in Paragraph 5 above, shall be determined at the sole discretion of the Concessionaire. (b) Employees: Concessionaire shall bear sole responsibility for the continuous management and staffing of the Concession facilities. Concessionaire shall ensure that sufficient employees are on hand at all times to provide proper service to the public. Concessionaire shall regulate Concessionaire's employees so that they will be courteous and helpful to the public. Concessionaire shall have the exclusive duty and right to retain and terminate employees provided, 12 however, that the City shall have the right to require Concessionaire to replace any employee who is abusive, under the influence of alcohol or drugs or whose conduct or appearance otherwise detracts from the Concession Facilities' reputation and profitability. Concessionaire hereby agrees to adhere to a Drug Free Workplace Policy, consistent with State law. © Menu: Concessionaire shall provide the public with food and drink of a high standard, equivalent in quality and price to that generally furnished to the public at similar places of comparable size and scope in the City and surrounding areas. A menu will be provided with prices for food and drink and identifying Concessionaire as the owner and operator of the Concession Facilities. (d) Cleanina: Concessionaire shall keep all fixtures, equipment and personal property which are located in the Concession Facilities, whether owned by Concessionaire or the City, in a clean, sanitary and orderly condition at all times, and conduct the food service operation in accordance with all applicable rules, regulations and code requirements including, but not limited to, the Health Department, Indian River County unit. Concessionaire shall also be responsible for maintaining the floors of the kitchen, storeroom and dining areas in a clean and orderly state. In the event Concessionaire violates any Health Department rule or regulation, the City may, at its option, take 13 any steps it deems appropriate to cure said violation, and Concessionaire shall reimburse the City for any and all expenses incurred by the City in doing so. Concessionaire shall be responsible for the proper storage and collection of solid waste from the Concession Facilities, which costs are included in the Basic Concession Fee. Concessionaire may, with the concurrence of the City Manger or his designee, select a site on the Golf Course property for the storage of such trash and garbage, in appropriate containers, prior to collection. (e) Compliance With Laws: Concessionaire shall comply with all requirements of any of the duly constituted public authorities and with the terms of any state, federal or local law, ordinance or regulation applicable to Concessionaire or Concessionaire's use of the Concession Facilities, and shall indemnify, defend and hold the City harmless from penalties, fines, costs or damages resulting from Concessionaire's failure to so comply. (f) Alcoholic Beverage License: Concessionaire shall maintain and pay all cost for the SAX liquor license from the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. Said license is non -transferable and reverts to the City upon expiration or termination of the Agreement. (g) Licenses and Permits: Concessionaire shall be 14 responsible for and shall secure the necessary permits and licenses required for the operation of the Concession Facilities. (h) Books and Records: Concessionaire shall maintain, during the Term of thi.4 Agreement, or renewal or extension thereof, all books, reports and records customarily maintained in similar type operations. The form of all such records and reports shall be subject to the approval of the City's auditors. The City or its agents may audit or examine all records relating to Concessionaire's operation during Concessionaire's normal business hours. On or before the tenth (10th) day following the end of each calendar month throughout the Term, and any renewal or extension thereof, Concessionaire shall furnish to the City a report of gross receipts earned on the sale of alcoholic beverages during the preceding calendar month. Monthly gross receipts percentage fees due pursuant to Paragraph 30 of this Agreement shall be paid with the submission of these reports. Concessionaire shall submit to the City a quarterly financial report detailing the alcoholic beverage purchases and sales occurring during said period, prepared by a certified public accountant. Concessionaire shall permit, at any time and at the City's expense, a report to be prepared and certified by an independent certified public accountant, as to the correct amount of gross liquor receipts per month arising from said operation; which shall be prepared in conformance with the American Institute 15 of Certified Public Accountants requirement for "Special Reports." Concessionaire shall pay all costs -associated with said report in the event that Concessionaire's quarterly report varies by more than three percent (3%) of the report prepared by the City's independent certified public accountant. Concessionaire hereby agrees that it shall keep and preserve' for at least three (3) years, all books and records of business activities transacted during the Term, and any renewal or extension thereof. (I) Debts and obligations: Concessionaire shall pay promptly when due all bills, debts and obligations incurred in connection with the operation of the Concession Facilities, including social security and income tax withholdings for and from its employees, and shall not permit such debts or obligations to become delinquent and shall suffer no lien, mortgage, judgment, execution or adjudication in bankruptcy which will in any way, impair the rights of the City under this Agreement. 9. Utilities: Concessionaire shall be responsible for and shall pay all costs associated with pest control and extermination services. Concessionaire shall be responsible for and shall pay all of its telephone expenses. Electricity, water, sewer and garbage collection fees shall be the responsibility of the City. The City, while providing water, does not guarantee its quality. Should reasonable quality municipal, county or private water 16 and/or sewer services become available at the Concession Facilities, the Concessionaire shall be required to connect to said system in accordance with applicable rules, regulations and policies. In the event that electric, water, sewer or garbage collection shall be separated into individual accounts for the City and the concessionaire, the Basic Concession Fee shall be reduced by a mutually agreed upon amount and the Concessionaire shall pay its own utilities expense. 10. Taxes: Concessionaire shall pay, or cause to be paid before delinquency, any and all taxes levied or assessed which become payable during the Term of this Agreement. Concessionaire shall pay all sales and use taxes relating to the Concession Facilities which might arise or become due during the Term or Renewal Term of this Agreement and Concessionaire shall indemnify, defend and hold the City harmless against the same. 11. Insurance: (a) Workers Compensation Insurance: Concessionaire shall provide and keep in force at its own expense such worker's compensation as required by Florida Statutes. The Concessionaire shall require all subcontractors to provide worker's compensation insurance for all of said subcontractors' employees who are engaged in the restaurant expansion project, unless such employees are covered by the protection afforded by Concessionaire's insurance. Concessionaire shall indemnify, defend and hold the 17 City harmless from any and all claims or lawsuits resulting from injury to or actions of Concessionaire or its agents or employees. (b) Liability Insurance: Concessionaire shall provide and keep in force, at Concessionaire's own expense, public liability and personal property damage insurance coverage with respect to the Concession Facilities and all improvements made thereto. The insurance coverage to be provided by Concessionaire shall contain limits of not less than five hundred thousand dollars ($500,000.00) bodily injury and /or property damage per occurrence and one million dollars ($1,000,000.00)general aggregate for bodily injury and /or property damage for any one year. The City will keep all buildings and additions thereto comprising the Concession Facilities insured against loss by fire and windstorm with extended coverage provision in a sum not less than the full insurable value of such buildings, and if applicable insured against flood waters. (c) contractual Liability Insurance: Concessionaire shall provide and deep in force at Concessionaire's own expense, contractual liability insurance covering all liability arising out of the terms of this Agreement. (d) Liczuor Liability Insurance: Concessionaire shall provide and keep in force at Concessionaire's own expense, liquor liability insurance containing limits of not less than one million dollars ($1,000,000.00) per occurrence. 18 (e) Miscellaneous Concessionaire shall furnish certificates of such insurance and copies of insurance policies to the City Clerk, 1225 Main Street, Sebastian, Florida 32956, at least fifteen (15) days prior to the commencement of operations under this Agreement, and annually thereafter. Said certificates shall clearly name the City as an additional insured, and shall contain a clause specifying that the insurance carrier shall be obligated to advise the City in writing at least thirty (30) days in advance prior to the cancellation of any coverage. The City reserves the right to annually review and revise any policy of insurance required herein above, however any increase in amounts or types of coverage shall not be unreasonable or excessive. 12. Eminent domain: The City and the Concessionaire covenant and agree that in case the whole of the premises hereby leased shall be taken by any public authority under the power of eminent domain then the term of this Lease shall cease as of the day possession shall be taken by such public authority and the rent shall be paid up to that day with a proportionate refund by Landlord of such rent as may been paid in advance. If less that the whole but more that 25% of the premises shall be taken under eminent domain, Concessionaire shall have the right, subject to the City's right of termination provided herein, either to terminate this lease and declare same null and void, or, to continue in the possession of the remainder of the leased 19 premises, and shall notify Landlord in writing within ten (10) days after such taking of it's intention. In the event Concessionaire elects to remain in possession, all of the terms herein provided shall continue in effect, except that the rent shall be reduced in proportion to the amount of the premises taken. If more than thirty (30%) percent of the floor area of the building in which the demised premises are located shall be taken under power of eminent domain, the City may, by written notice to Concessionaire delivered on or before the date of surrendering possession to the public authority, terminate this Agreement. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the leased premises, shall belong to and be the property of City whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the premises, provided, however, that City shall not be entitled to the award made to Concessionaire for loss of business, depreciation to, cost of removal of stock and fixtures and cost of improvements and betterments. 13. destruction or Damage to the Premises: In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by City pursuant to this Agreement, as to become partially or totally untenantable, 20 the damage to the Premises shall be promptly repaired by Landlord, unless Landlord shall elect not to rebuild as hereinafter provided, and a just and proportionate part of the rent and all other charges shall be abated, and the gross sales above on which certain charges are computed shall be reduced by the same proportion, until so repaired. The obligation of City hereunder shall be limited to reconstructing the Premises in accordance with the plans and specifications for the construction of the same. In no event shall City be required to repair or replace merchandise, trade fixtures, furnishings or equipment. If more than thirty-five (35%) Premises or more than thirty-five percent (35%) of the floor area of the building in which the Premises are located shall be destroyed by fire or other casualty, or if, during the last five (5) years of the term hereof, more than twenty-five percent (25%) of the Premises or of the floor area of the building in which the premises are located shall be damaged or destroyed by fire or other casualty then City may elect either to repair or rebuild the Premises or the building of which the Premises are a part, as the case may be, or to terminate this Agreement by giving written notice to Concessionaire of its election to so terminate, such notice to be given within one hundred twenty (120) days after the occurrence of such damage or destruction. If City is required or elects to repair or rebuild the Premises as herein provided, Concessionaire shall repair or 21 replace its merchandise, trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that prior to its damage or destruction. 14. Indemnity: Concessionaire shall indemnify, defend and hold the City harmless against and from any and all claims, costs, damages, judgments, expenses and attorney's fees incurred by the City arising from Concessionaire's use of the Concession Facilities or from the conduct of Concessionaire's business or from any activity, work, other things done, permitted or suffered by Concessionaire or Concessionaire's employees, guests or invites in or about the Concession facilities; from Concessionaire's failure to comply with any law, rule, regulation or order of any governmental authority; from any and all claims arising from any breach or default in the performance of any obligation on Concessionaire's part to be performed under the terms of this Agreement; or, from any employee, guest or invitee of Concessionaire, and, from all costs, attorney's fees and liabilities incurred in the defense of any such claim or action or proceeding brought thereon. Concessionaire shall give prompt notice to the City in case of casualty or accidents in or about the Concession facilities. 15. Entry by the City: The City reserves, and shall at any and all times have, the right to enter the Concession facilities to inspect the same. The City also reserves the right, from time 22 to time, at the City's own expense by its officers, agents and contractors, to make such renovations, repairs, or changes, about and to the Concession facilities, other than those repairs or improvements undertaken by Concessionaire herein, as the City deems desirable, including renovation/ replacement of the existing Concession facilities with new Concession facilities. The basic concession fee, would remain the same. Concessionaire hereby waives any claim for damages or for any injury or inconvenience to or interference with Concessionaire's business during such renovation, repairs or changes; provided, however, that concession fees shall be abated for any period during which Concessionaire is prevented from conducting Concessionaire's business due to such renovations, repairs or changes. 16. Default by Concessionaire: The occurrence of any of the following shall constitute a default by Concessionaire: (a) Institution by Concessionaire of a voluntary proceeding in bankruptcy; (b) Institution of an involuntary proceeding in bankruptcy against Concessionaire if such proceeding continues for a period of ninety (90) days. (c) Abandonment of the Concession facilities which abandonment shall be concessionaire's absence from the Concession facilities or the cessation of business in said Concession facilities for a period of seven (7) days or more; discontinuation 23 of Concessionaire operations hereunder; (d) Nonpayment of any sum due hereunder, when such nonpayment continues for a period of thirty (30) days after the due date for such payment; (e) Nonperformance by Concessionaire of any covenant, term or condition of this Agreement; or any other action or inaction constituting a breach of this Agreement and the failure by Concessionaire to cure such nonperformance or breach within thirty (30) days of receiving a notice to cure from the City; (f) The conduct of any business or the merchandising of any product or service by Concessionaire not specifically authorized herein; (g) A final judicial determination that any litigation instituted by Concessionaire against the City was groundless or frivolous to the extent that attorney's fees may be awarded pursuant to Section 57.105, Florida Statutes; (h) The permanent lapse, suspension or revocation of Concessionaire's alcoholic beverage license, or other license or permit required to operate the Concession Facilities. 17. Remedies of the City; In the event of any default as described above or breach by Concessionaire, the City shall provide written notice to Concessionaire of such default or breach and the Concessionaire shall have thirty (30) days within which to cure such default or breach. In the event Concessionaire fails to 24 cure said default or breach within said thirty (30) day period to the reasonable satisfaction of the City, the City may, with proper notice, without limiting the City in the exercise of a right or remedy which the City may have be reason of such default or breach: (a) Terminate this Agreement, in which case Concessionaire shall vacate the Concession Facilities and the City shall be entitled to recover from Concessionaire all damages incurred by the City by reason of Concessionaire's default including, but not limited to, the cost of recovering possession of the Concession Facilities and reasonable attorneys' fees; (b) Pursue all other remedies now or hereinafter available to the City under the laws or judicial decisions of the State of Florida. 18. Concessionaire's right to terminate: Concessionaire shall have the right to terminate Concession subject to the following: (a) Issuance by a court of competent jurisdiction of any permanent injunction substantially restricting the use of the Concession facilities for commercial purposes when said injunction remains in force for ninety (90) days or more; (b) A breach by the City of any of the terms or conditions of this Agreement and failure by the City to remedy such breach during a period of thirty (30) days after receipt of 25 written notice of the existence of such breach; (c) The assumption by the United States Government or any agency thereof, or any other governmental agency, of the operation, control or use of the Concession facilities or any substantial part thereof in such a manner as to substantially restrict Concessionaire's operations for a period of ninety (90) days or more. 19. Vacation of Concession Facilities: On the expiration or other termination of this Agreement, for any reason whatsoever, Concessionaire shall vacate the Concession Facilities and shall leave the Concession Facilities in good order, condition and repair, except for reasonable wear and use thereof. 20. Right of Injunctive Relief: In the event of a breach or threatened breach by any party of any of the covenants or provisions hereof, the non -breaching party shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. 21. RightM Not Exclusive: No right or remedy herein conferred upon or reserved to any party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 26 22• Right of Assignee of City: The right to pursue the remedies herein provided against the Concessionaire and to enforce all of the other provisions of this Agreement may, at the option of any assignee of this Agreement, be exercised by any assignee of the City's right, title and interest in this Agreement in its own name, any statute, rule of court, custom, or practice to the contrary notwithstanding. 23. Remedies Cumulative: All of the remedies hereinbefore given to any party and all rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Agreement or the taking or recovering the Concession Facilities shall deprive the City of any of its remedies or actions against Concessionaire for concession fees or sums due as if there has been no termination; nor shall the bringing of any action for concession fees or breach of covenant, or the resort to any other remedy herein provided for the recovery of concession fees be construed as a waiver of the right to obtain possession of the Concession Facilities. 24. Attornev's Fees: If any action is commenced to enforce any term, covenant or condition of this Agreement, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 25. Identity of Interest: The execution of this Agreement 27 or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the City and the Concessionaire, the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of City and Concessionaire. 26. Ngtice andRenorts: Any notice, report, statement, approval, consent, designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: City: City of Sebastian Attention: City Manager 1225 Main Street Sebastian, F1. 32958 Concessionaire: DTF Inc., Dennis R. Fink, Pres. Theresa L. Fink, V. Pres. 643 Chesser Ave. Sebastian, F1. 32958 provided, however, that any party may designate a different address from time to time by giving to the other parties notice in writing of the change. Concession fees to the City shall be paid at the Sebastian Golf Course Office. 27. Nondiscrimination:_ The Concessionaire for itself, its 28 personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Concession facilities; (ii) that in the construction of any improvements on, over or under the Concession facilities and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 28. Headings No Part of Agreement: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 29. Severability: If a provision of this Agreement is held invalid, it is hereby agreed that all valid provisions that are severable from the invalid provision remain in effect. If a provision in this Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 30. Contains All Agreements: It is expressly understood and agreed by and among the parties hereto that this Agreement, including the Exhibits, sets forth all the promises, agreements, and conditions or understandings between the City and Concessionaire relative to the Concession Facilities, and that there are no other promises, agreements, conditions or understandings, either oral or written, among them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or Concessionaire unless reduced to writing and signed by them. 31. Sale and Assignent: Concessionaire shall not sell its interest in the restaurant business nor assign its rights and obligations under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Concessionaire shall provide the City with reasonable proof of financial responsibility of the prospective assignee; information relating to the experience of the prospective assignee in the bar and food service business, a satisfactory background check conducted by a law enforcement agency. The City may require additional assurances concerning a prospective assignment. Concessionaire agrees to reimburse the City of all attorneys' fees and other expenses incurred on account of an assignment. Any unauthorized assignment shall be void and shall terminate this Agreement. 30 32. Hgirs and Assignees: All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Concessionaire or Guarantor, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Concessionaire" or "Guarantors" shall be deemed and taken to mean each and every person or party mentioned as a Concessionaire or Guarantor herein, be the same one or more; and if there shall be more than one Concessionaire or Guarantor, any notice required or permitted by the terms of this Agreement may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "City", "Concessionaire", or "Guarantor" whether such City, Concessionaire, or Guarantor be singular or plural and irrespective or gender. No rights, however, shall inure to the benefit of any assignee of Concessionaire unless the assignment to such assignee has been approved by the City in writing as aforesaid. 33. Concessionaire Forbidden To Encymbgr Congessign Facilities: It is expressly agreed and understood between the parties hereto that nothing in this Agreement shall ever be construed as empowering Concessionaire to encumber or cause to be 31 encumbered the Concession Facilities in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of Concessionaire, or any person claiming by, through or under Concessionaire. shall file a lien against the Concession facilities, Concessionaire shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Concession Facilities to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Concession facilities by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, the City may advance funds necessary to discharge the lien and recover any amounts so paid from Concessionaire. 34. Cons tion of Beverages and Food on the Golf Course: Concessionaire shall have the right to sell or refuse to sell alcoholic beverages to patrons of the Golf Course, or its Facilities. The City hereby agrees to prohibit, on the Golf Course and in all facilities located thereon, the possession or consumption of alcoholic beverages, food and other beverages not sold by Concessionaire. 35. Division of Alcoholic Beverages and Tobacco a@Qulation: Concessionaire and the City acknowledge that in order for Concessionaire to secure and maintain the alcoholic beverage 32 licenses required hereunder, this Agreement must comply with certain regulations of the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. The parties agree to abide by the conditions necessary to secure and maintain the required licenses. 36. Personal Guaranty:_ (a) Guaranty.,_ Guarantors, jointly and severally, do hereby guarantee onto the City the full, complete, faithful and timely performance of each and every of the obligations, covenants and agreements which Concessionaire is required to do or perform or cause to be done or performed from and after the execution of this Agreement and for so long as said Agreement remains in effect including, but not limited to, the payment of all concession fees and other sums required to be paid pursuant to this Agreement. (b) Enforcement: The City shall have the right to proceed against Concessionaire without first proceeding against Guarantors, and shall have the right to proceed against an individual Guarantor without proceeding against Concessionaire or the other individual Guarantor, and the city shall, and does have the right to, release Concessionaire or an individual Guarantor from any and all liability under this agreement or under this Paragraph thirty-four (34) and the same shall not in any way prejudice the right of the City against Concessionaire or the other Guarantor not so released. 33 (C) Defenses: No defense which Concessionaire or an individual Guarantor may have with respect to this Agreement including, but not limited to, any defense based upon or arising from any insolvency or bankruptcy or otherwise shall operate as a defense with respect to the other Guarantor, the other Guarantor remaining fully liable hereunder to the City, or shall any waiver by the City of any of the obligations of Concessionaire or the modification or amendment of this Agreement in any manner by the City and Concessionaire operate to release Guarantors from any obligations or liabilities under this Agreement; Guarantors being bound by, and deemed to consent to, any such waiver, modification or amendment. (d) Notice: Guarantors shall be deemed to have notice of any matter or thing as to which Concessionaire has notice. Guarantors hereby waive any right to notice or any matter or thing as to which Concessionaire is not entitled to notice under this Agreement. (e) Remedies Cumulative: The rights and remedies of the City under this Paragraph 34 are in addition to and not in lieu of the City's rights and remedies provided by law or under other provisions of this Agreement in the event of a default by Concessionaire. IN WITNESS WHEREOF, the parties hereto have at their hands and seals the day and year first above written. 34 Attest. Kathryn ff. 0' alloran, CMC/AAE City Clerk (SEAL) Approved as to form and content: Valerie F. Settles, City Attorney 35 CITY OF SEBASTIAN yy� Thomas W. Frain City Manager CONCESSIONAIRE: DTF, INC. By: ` �J�� / � V" Dennis R. Fink President Tlieirfesa L. F k Vice President GOLF COURSE RESTAURANT EQUIPMENT INVENTORY EXHIBIT B MICROWAVE OVEN STEAM TABLE HOT DOG STEAMER REFRIGERATOR GE 0642 SANDWICH TABLE MOBILE BEER COOLER REFRIGERATOR GE 0622 MEAT SLICER STOVE HOOD FAN TRAULSEN FREEZER TABLES AND CHAIRS POT/PANS- LIMITED PICNIC TABLES TWO KEG BEER COOLER BOTTLE COOLER BAR SINK COUNTER TOP ELECTRIC GRILL COUNTER TOP ELECTRIC FRYER BLENDER L SMGC RESTAURATEUR RFP # 17-01 140 of 178 QiY tV RFP # 17-01 SEBASTIAN GOLF COURSE RESTAURATEUR DUE DATE: MONDAY, APRIL 3, 2017 DUE TIME: 2:00 P.M. A MANDATORY PRE -PROPOSAL CONFERENCE will be held at the Sebastian Golf Course clubhouse located at 100 Brush Foot Drive, Sebastian, FL 32958, on Monday, March 6, 2017 at 3:00 P.M. Attendance at the mandatory pre -proposal conference is a necessary prerequisite for the consideration of any proposal. City of Sebastian Office of the City Manager 1225 Main Street Sebastian, FL 32958 (772) 388-8203 141 of 178 Office of the City Manager City of Sebastian, Florida REQUEST FOR PROPOSALS Sealed Proposals will be received at the Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958, until 2:00 P.M. local time on Monday, April 3, 2017, for the following: RFP # 17-01 SEBASTIAN GOLF COURSE RESTAURATEUR The City of Sebastian owns and operates the Sebastian Municipal Golf Course (SMGC). Located within the SMGC clubhouse is a full-service restaurant and bar, currently known as The Eagles Nest. The Eagles Nest Concession Lease is due to expire on November 20, 2017. By this RFP, The City of Sebastian will solicit qualified individuals, or firms, to remodel the space, provide restaurant/bar services, and support Golf Course amenities for patrons/public at the SMGC. RFP documents may be obtained via the Internet using DEMANDSTAR; www.demandstar.com. If you do not have Internet access, you may obtain the documents by calling Jean Tarbell in the Office of the City Manager at 772-388-8203 and request RFP document number # 17-01. A MANDATORY PRE -PROPOSAL CONFERENCE will be held at the Sebastian Golf Course clubhouse located at 100 Brush Foot Drive, Sebastian, FL 32958, on Monday, March 6, 2017 at 3:00 P.M. Attendance at the mandatory pre -proposal conference is a necessary prerequisite for the consideration of any proposal. Proposals may be either mailed or hand delivered to the Office of the City Manager, 1225 Main Street, Sebastian, FL 32958. Any RFPs received after the above stated time, or from any person or entity that did not attend the pre -proposal conference, will be returned unopened. The City of Sebastian reserves the right to waive any informalities or minor irregularities, reject any and all Proposals which are incomplete, conditional, obscure, or which contain additions not authorized; accept or reject any proposal in whole or in part for any reason; and accept the proposal, or any portion(s) thereof, which best serves the City. For Bids, RFP, RFQ, Bid Results and other information visit the City of Sebastian Web Site at http://www.cityofsebastian.org The City of Sebastian is an Equal Opportunity Employer. CAUTION. It is the bidder's/Proposer's responsibility to ensure that bids/proposals are received in City Hall prior to the date and time specified above. Receipt of a Proposal in any other City office does not satisfy this requirement. Office of the City Manager The City of Sebastian Sebastian, Florida By: Joe Griffin, City Manager 2 142 of 178 Table of Contents Part I General Information 1-1 Definitions 1-2 Invitation to Propose; Purpose 1-3 Issuing Office 1-4 Contract Awards 1-5 Development Costs 1-6 Site Visitation 1-7 Inquiries 1-8 Timetables 1-9 Delays 1-10 Proposal Submission and Withdrawal 1-11 Irregularities; Rejection of Proposals 1-12 Addenda 1-13 Equal Opportunity 1-14 Oral Presentation 1.15 Insurance 1-16 Lobbyist Disclosure Requirement 1-17 Public Entity Crimes Statement Part II Statement of Work Summary Successful Proposer Responsibilities Site Insurance and Licenses Special Conditions — Background Checks Part III Instructions for Preparing Proposals 3-1 Rules for Proposals 3-2 Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria Selection Part V Proposer Information 5-1 Proposer's Information Form Part VI Proposal Form 6-1 Proposed Base Lease Rent and Gross Receipts Percentage 6-2 Proposed Capital Improvement Plan Part VII Questionnaire 7-1 Proposer's Questionnaire LIST OF REFERENCES FORM DISPUTES DISCLOSURE FORM CONFIRMATION OF DRUG-FREE WORKPLACE STATEMENT OF INSURANCE COMPLIANCE FORM PUBLIC ENTITY CRIMES FORM Part Vlll Proposed Concession Lease Terms and Conditions 3 143 of 178 PART GENERAL INFORMATION 1-1 DEFINITIONS For the purposes of this Request for Proposals ('RFP"), Proposer shall mean persons, or firms, submitting a response to this Request for Proposal. 1-2 INVITATION TO PROPOSE: PURPOSE The City of Sebastian (City), 1225 Main Street, Sebastian, FL 32958 solicits Proposals from responsible qualified Proposers for Sebastian Golf Course Restaurateur for a ten (10) year period with the option of one (1) ten-year extension. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING Office of the City Manager The City of Sebastian 1225 Main Street Sebastian, FL 32958 1-4 CONTRACT AWARDS The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until Proposals are reviewed and accepted by a Selection Committee, appointed by the City Manager, and a written agreement or contract is approved by both the Sebastian City Council and the successful Proposer. Proposed Terms and Conditions for a City of Sebastian Concession Lease are included with this RFP. The aforementioned Terms and Conditions will form the basis of the Concession Lease between the successful Proposer and the City. At the option of the City, Terms and Conditions may be added, modified, or deleted through negotiations with the successful Proposer. The City reserves the right to reject all Proposals, to waive any informality, and to solicit and re - advertise for other Proposals. 1-5 DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposer should prepare their Proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1.6 SITE VISITATION A mandatory pre -PROPOSAL conference will be held at the Sebastian Golf Course clubhouse located at 100 Brush Foot Drive, Sebastian, FL 32958, on Monday, March 6, 2017 at 3:00 P.M. Attendance at the mandatory pre -proposal conference is a necessary prerequisite for the consideration of any proposal. 1-7 INQUIRIES . The City will not respond to oral inquiries. Proposers may e-mail, mail, or fax written inquiries. Communication by e-mail is preferred. Send inquiries to: Randy Moyer, Procurement Manager (hereinafter, Designated Representative) City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 388-8249 — fax E-mail: rmoverO.citvofsebastian.ora 4 144 of 178 CONTACT WITH CITY OF SEBASTIAN PERSONNEL OTHER THAN THE DESIGNATED REPRESENTATIVE REGARDING THIS REQUEST FOR PROPOSAL MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. The City will respond to written inquiries if received by March 15, 2017. The City will record its responses to inquiries and any supplemental instructions in the form of a written addendum. 1-8 TIMETABLES The City/SMGC, and Proposers, shall adhere to the following schedule in all actions concerning this RFP. A. On, or about, January 15, 2017, the City issues and publishes the RFP. B. From publication of the RFP through March 15, 2017, the City will receive and answer inquiries received by e-mail, mail, or fax. C. The City must receive the Proposals by 2:00 P.M. on Monday, April 3, 2017. D. After opening of Proposals, the Selection Committee will review and evaluate the Proposals on a timely basis. Interviews/Presentations may be scheduled. E. The City may enter into a Concession Lease after conducting negotiations and obtaining appropriate approvals from the Sebastian City Council. F. On November 20, 2017, the Concession Lease for the current provider of the subject restaurant/bar expires. 1-9 DELAYS The City may delay scheduled due dates if it is to the advantage of the City. The City will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The City will receive Proposals at the following address: City Manager's Office City of Sebastian 1225 Main Street Sebastian, FL 32958 To facilitate processing, please mark the outside of the envelope as follows: "Sebastian Golf Course Restaurateur RFP # 17-01" next to the company name and return address. The envelope shall also include the Proposer's return address. Proposers shall submit seven (7) copies; the original and six (6) copies. The original shall be marked "original' on the outside and include an original signature inside of the Proposal. All seven (7) copies, shall be submitted in a sealed, opaque package/envelope marked as noted above. The Proposer may submit the Proposal in person or by mail. THE CITY MUST RECEIVE ALL PROPOSALS BY 2:00 P.M. Monday, April 3, 2017. Due to the irregularity of mail service, the City cautions Proposers to assure actual delivery of Proposals to the City prior to the deadline set for receiving Proposals. Telephone confirmation of 145 of 178 timely receipt of the Proposal may be made by calling (772) 388-8203 before Proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their Proposals by notifying the City in writing at any time prior to the opening. Proposers may withdraw their Proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the Proposal. Proposals, once opened, become the property of the City and will not be returned to the Proposers. Upon opening, Proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and Proposals may be rejected by the City as non- responsive or irregular. However, the City reserves the right to waive any irregularities, technicalities or informalities in any Proposal. The City reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the City of Sebastian or who have failed to perform faithfully any previous contract with the City or with other governmental jurisdictions. The City reserves the right to reject any or all Proposals without cause. 1-12 ADDENDA If revisions become necessary, the City will provide written addenda. Any changes to the RFP will be made available for all prospective Proposers to receive. Reasonable attempts will be made to notify Proposers of any/all addenda. It is the sole responsibility of the Proposer to ensure it is received. 1-13 EQUAL OPPORTUNITY The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by Disadvantage Business Enterprises. The City requires evidence of such certification with any Proposal. 1-14 ORAL PRESENTATION At its discretion, the City may require any Proposer to make an oral presentation of their Proposal. These presentations provide an opportunity for the Proposer to clarify their Proposal and respond to questions by the City. The City will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the City. 1-16 LOBBYIST DISCLOSURE REQUIREMENT Any Proposer who utilizes the services of a lobbyist is required to make full disclosure with the submission of a Proposal to the City. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the Proposer for the purpose of influencing or attempting to influence the selection of the Proposer by the City. B. The name and address of the lobbyist. C. The length of such agreement, contract, or understanding, and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure, and Proposal, shall be filed with the City and such records shall be open to the public. 6 146 of 178 1-17 PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract to the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact business with the City in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The City will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The City shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of any Agreement by the City. 7 147 of 178 PART II STATEMENT OF WORK Sebastian Golf Course Restaurateur A. Summary: The City of Sebastian is seeking competitive Proposals for the provision of Sebastian Golf Course Restaurateur for a ten (10) year period with one (1) ten (10) year extension option. • The City of Sebastian owns and operates the Sebastian Municipal Golf Course (SMGC) located at 100 Brush Foot Drive, Sebastian, FL 32958. • The SMGC is operated seven (7) days per week from, approximately, sun -up to sun -down. • In addition to Pro Shop and Restroom facilities, the SMGC Clubhouse houses a full-service restaurant/bar, currently known as the Eagles Nest (EN). • The Concession Lease for the current provider, EN, expires on November 20, 2017. The City/SMGC is soliciting interested parties, including the current provider, to submit proposals on a Concession Lease to provide restaurant/bar services in the SMGC clubhouse. A ten (10) year lease is proposed with an option for an additional ten (10) year term. • The City/SMGC encourages Proposers to consider the remodel/updating of the existing space, sound suppression of the dining area, overhaul of the kitchen, and any rebranding necessary to ensure success. The City will consider an extended lease depending on the amount of a Proposer's capital investment in the space. • The City is open to the option, and encourages, the awarded Proposer to extend operating hours, as necessary, to promote evening dining and/or after hours special events. • The successful Proposer must have the capability to provide daily food and beverage services to golf course patronage, to the general public, and to medium to large indoor/outdoor special events during the operation of the golf course and any additional hours of operation that may be granted. Additional portable eouioment may be required to service the special events. • Catering times and quantities cannot be pre -determined but would be permitted. • The successful Proposer shall be responsible for all customary restaurant/bar charges to include, but not limited to: leased space rental charge; utility fees; leased space maintenance; contents/liability insurance; and all employee costs. • The successful Proposer shall pay the City a base lease rent or a percentage of gross receipts for all sales, including catered events originating from the site, whichever is rg eater. The payment must be accompanied by point-of-sale documents for all sales indicating the gross revenue earned by the successful Proposer. • The successful Proposer must possess a 4COP/SAX Florida Alcoholic Beverage License for alcohol sales and consumption on the SMGC site. The successful Proposer shall operate a "full-service" bar at the location at the time of commencement of operations. If proposed, live entertainment may be acceptable. B. Successful Proposer Responsibilities: • Obtain all licenses and permits required in its name, and at its own expense, prior to starting operations. • Shall execute and deliver to the City, within fifteen (15) days after notification of award, a Performance Bond, in the amount of $20,000.00, as surety for faithful performance under the terms and conditions of the contract for the first (1S) year of operations. • Honor any sponsorship agreements the City enters into, relating to the contracted services and premises. • Pay any and all taxes required directly to the Federal, State and local authorities including ad valorem taxes, if any. • Obey and comply with all health and safety rules and requirements including payment of reoccurring fees. 148 of 178 • Must be set up to accept cash, check and major debit/credit cards; Visa, Master Card, Discover and American Express. • Must provide cable television service to include but not limited to: ESPN and Golf Channel. • Must reimburse Sebastian Golf Course for any charges incurred by SMGC on behalf of the restaurant/bar. • Pay all electric, utility, and any/all propane charges attributable to the restaurant/bar. • Must pay the greater of a base lease rent, or the designated percentage, for any and all food and beverages originating from the site including sales from vending machines. • Restaurateur shall provide the following for the needs and convenience of the golfing public: ➢ Posted menu of, but not limited to, breakfast items, hamburgers, hot dogs, hot entree', delicatessen style sandwiches, chips, popcorn, candy, salads, and condiments. ➢ Provide a full range of menu items to meet the needs for special outings, tournaments, parties, wedding receptions and other events. ➢ A variety of non-alcoholic and alcoholic beverages typically provided by Golf Course Restaurants. • Must operate and maintain a beverage cart (e.g. golf cart) on days with 100+ players booked 24 -hours in advance on the tee sheet during peak hours (typically 11 a.m. to 3 p.m. but to be approved by the Director of Golf). This vehicle must be provided by the Restaurateur and approved by the Director of Golf and shall be stored in the 'Cart Barn' when not in use. Restaurateur may, temporarily, use a Sebastian Golf Course cart to fill in during the event of an emergency, or period of repair, at a fee of $5.00 per day; • Must provide a detailed marketing and promotional plan with a minimum of monthly promotions to be advertised on-site in the form of flyers, cart signs and off-site at a minimum of piggy backing existing golf course advertising (display to be approved by the City Community Development Department). E-mail blasts to customers and local business including additional print advertising is strongly encouraged to describe other proposed programs designed to increase usage and sales at the facility; • Prices must be competitive with local golf course restaurants and local commercial restaurants. Comparisons must be performed and reviewed annually with the Director of Golf and adjustments made if necessary. • Tournaments and Events: Responsible for providing the necessary tables, chairs, table covers, set-up, break down and clean-up inside and outside for all events. • The employees of the Restaurateur shall wear apparel acceptable to the City. All employees shall wear uniforms that identify them as employees of the Restaurateur i.e. polo shirts with the name of the concession on the shirt. Uniforms shall be approved by the Director of Golf. • The restaurateur and their employees do not receive any golf privileges as a result of being the restaurateur. All regular golf fees apply and must be paid in advance of playing golf. • Capital Upgrades: The successful Proposer shall be expected to make an initial investment in capital improvements under contractual consent. Proposers are to submit with their proposals a list of equipment and/or structural improvements the Proposer intends to furnish on the golf course property under this section. Final listing shall be mutual agreed upon by the successful Proposer and the City. The capital improvements shall become the property of the City upon completion of the contract's initial term, including transfer of 4COP/SAX Florida Alcohol License to the City for one (1) dollar. The successful Proposer shall be required to post payment and performance bonds in accordance with F.S. 255.05 for any agreed upon capital building improvements. • Will be required to use a Point of Sale system at commencement of operations. The successful Proposer must have experience in concession, restaurant and catering operations including purchasing, preparation, and service, of food/beverages, including alcohol. 9 149 of 178 The City will consider only those Proposals which provide services for concessions operations, the ability to create a restaurant/bar space that compliments the SMGC/City, and offers competitive pricing and reasonable flexibility in a clean friendly environment. Proposer must possess the ability to staff the golf course restaurant, and any special events scheduled at the golf course, simultaneously, and work scheduled hours throughout the week. The City reserves the right to reject Proposals which do not provide for year round operations. The successful Proposer shall be required to keep the specific area clean and free from debris. This requirement shall also apply to any other area actively being used by the Restaurateur. The successful Proposer would be responsible for any costs associated with permanently installed equipment and fixtures they may request. All requests for improvements must be approved by the City. The Proposer shall, to the satisfaction of the City, keep and maintain the premises in good and sanitary order, condition, and repair. Upon expiration ortermination hereof, the Proposer shall surrender and deliver up to the City the premises, and all permanently installed equipment and fixtures, in good and useable condition, ordinary wear and tear accepted. Except for fixtures, all equipment provided by the Proposer will remain the property of the Proposer and any maintenance required thereon shall be the responsibility of the Proposer. The City shall incur no obligation for repairs. Prior to commencement of operations, the successful Proposer shall supply to City a verified inventory of all equipment/fixtures owned by Proposer and shall supply periodic updates to insure equipment/fixtures are kept current as to maintenance. The successful Proposer must promptly remove trash and garbage from the restaurant or catered event and transport it to City provided dumpster. A `Recycle Dumpster' shall be utilized on a regular basis for recycle materials. The Proposer agrees to act promptly with respect to an agent(s) of the Proposer, whose actions are objectionable to the City, or patrons, or who are not acting in accordance with the provisions contained in the contract. The prices at contract award shall remain in effect for the first six months of the contract. Prices for new items and adjustments to current prices of products sold by the contractor or any subcontractor shall require prior approval of the Director of Golf. The City may refuse to accept the adjusted or new prices if they are not properly documented, increases are considered excessive or decreases are considered to be insufficient. The City reserves the right to require the Proposer to honor any sponsorship/rental agreement that the City may have with an outside promoter and/or sponsor. This may require the Proposer to sell specific brand name products during events which are sponsored by the promoter or sponsor. The successful Restaurateur will be the exclusive provider of food for concessions for all public and/or ticketed events at the Sebastian Golf Course. The Restaurateur awarded this contract will be the sole provider of alcohol for the golf course (including catered affairs). Kitchen space and equipment is available exclusively for the preparation and serving of food and beverage for events at the Sebastian Golf Course. The awarded Restaurateur shall be able to use the kitchen and equipment for preparation of food to be served at non -City events. Restaurateur must indicate the monthly base lease rent and the percentage of gross receipts they intend to offer SMGC on the Proposal Form. This percentage will be of the aross receipts of all revenues the Restaurateur receives for food and beverage concessions and catering. Restaurateur may offer more than the required 5% of gross sales, but the City will not consider offers lower than the required 5%. 10 150 of 178 C. Site Proposer may present a proposal on: Sebastian Municioal Golf Course Restaurant/Bar 100 Brush Foot Drive Sebastian, FL 32958 The successful Proposer(s) will be required to execute a Concession Lease with the City within sixty (60) days from the date of award. D. Insurance and Licenses The successful Proposer(s) shall maintain Insurance and Licenses as defined in Paragraph 15.01 of the terms and conditions during the term of this contract. E. Special Conditions — Background Checks: The successful Proposer shall provide SMGC with background checks on all of their employees who will perform services at City facilities. Persons without a background check clearance or persons with any of the following criteria will not be allowed access to the City facilities: a. Have an outstanding arrest warrant against them. b. Been convicted of a 1s` or 2nd Degree Felony Contractor shall pay for background checks. The background checks will, at a minimum, consist of the following: National/Federal Criminal History. Lists all criminal arrests/convictions, which have been reported to the state repository, which reveals criminal arrest history. ➢ Felony Convictions. A statewide search conducted of the state's Department of Corrections files for the purpose of identifying any and all reported felony convictions in a particular state. ➢ County Level Felony & Misdemeanor. A search of the county seat for any and all criminal records. Information returned includes felony, misdemeanor and some criminal traffic. ➢ Statewide Driving History/Record (by State). Includes dates and description of traffic violations, current license status, any suspensions or revocations. 11 151 of 178 PART III INSTRUCTIONS FOR PREPARING PROPOSALS 3-1 RULES FOR PROPOSALS Proposers must submit a Proposal complying with this request for Proposal/RFP. The information, documents, and material submitted in the Proposal must be complete and accurate in all material aspects. All Proposals must contain direct responses to the following questions, or requests for information, and be organized so that specific questions being responded to are readily identifiable and in the same sequence as outlined below. Proposers are advised to carefully follow the instructions listed below in order to be considered fully responsive to this RFP. Failure to provide requested information may. at the City's sole discretion. result in disqualification of response. 3-2 PROPOSAL FORMAT The Proposal must be divided into three (3) sections. The three (3) sections are: 1. Required Submittals 2. Experience/Qualifications 3. Price Proposal A. REQUIRED SUBMITTALS: Letter of Transmittal: The proposal letter shall include at a minimum the following: • Name of Individual, Partnership, Company, or Corporation submitting proposal; • Request for Proposal (RFP) number; • Statement that all terms and conditions of the RFP are understood and acknowledged by the undersigned; • Signature(s) or representative(s) legally authorized to bind the Proposer. Corporate Information: If a Proposer is a corporation, it must be certified with the Florida Secretary of State and have a corporation status in good standing, and in the case of out— of-state corporation, they must present evidence of authority to do business in the State of Florida. Summary of Litigation: Provide a summary of any litigation, claim(s), or contract dispute(s) filed by or against the Proposer in the past five (5) years which is related to the services that Proposer provides in the regular course of business. The summary shall state the nature of the litigation, claim or contract dispute, a brief description of the case, the outcome or projected outcome, and monetary amounts involved. License Sanctions: List any regulatory or license agency sanctions within the past five (5) years. Current Workload: Provide a listing of your individual/firm current and projected workload. Indicate commitment of staff available for this project. Menu/Price List: Provide a copy of a proposed restaurant/concession menu and your catering options for food, non-alcoholic and alcoholic beverages including prices. For catering provide pricing on service style options. Project Understanding: The Proposer shall clearly state project objectives and anticipated deliverables. In addition, the Proposer shall indicate why they should be chosen by the City for the subject concession. 12 152 of 178 Required Forms: Include completed forms listed below: 1. Proposer Information Form -- 5.1 2. Proposal Form - 6.1 and 6.2 3. Proposer's Questionnaire - 7.1 4. List of References Form 5. Disputes Disclosure Form 6. Confirmation of Drug -Free Workplace 7. Statement of Insurance Compliance Form 8. Public Entity Crimes Form B. EXPERIENCE/QUALIFICATIONS: Past Performance: Proposer shall have a minimum of three (3) years' experience in concession and catering services. The submission must include: 1. List three (3) references for which your company provided similar services as requested in this RFP. List the names of the client (Name, address, telephone number, e-mail, and the title of the position that was filled by your company). 2. Indicate revenue/volume of the food service sites for the above clients. 3. List the names and dates of large festivals and events your company has serviced. 4. Provide examples of ability to provide concession and/or catering services to two or more venues simultaneously. Qualifications: Proposer shall explain the Scope of Services; detail the approach in providing food services. Include the following information: 1. Resumes 2. Appropriate licenses and business certifications 3. Describe position and list of personnel, by name and title, contemplated to perform the work. 4. Menus with pricing. C. PRICE PROPOSAL: Proposer shall submit two (2) price proposals: 1. A base lease rent for the space at the SMGC clubhouse that represents the restaurant/bar. Total space is approximately, 3,528 square feet, more or less. 2. A percentage of gross sales originating from the space, including off-site catering. Cost of the space to the Proposer shall be the base lease rent, or a percentage of gross sales, whichever is greater. This rate shall be calculated on a monthly basis. Using the attached Price Proposal Form the Proposer shall present the base lease rent the Proposer is willing to pay and the percentage of the total qross sales the Proposer is willing to pay. Price proposals not submitted on the attached form may render the Proposal unresponsive. 13 153 of 178 PART IV EVALUATION OF PROPOSALS 4-1 EVALUATION METHOD AND CRITERIA A. General: The City shall be the sole judge of its own best interests, the Proposal, and the resulting negotiated agreement. The City reserves the right to investigate the financial capability, past performance with the City, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Qualifications and Proposers. The City's decisions will be final. The City's evaluation criteria will include, but shall not be limited to, consideration of the following: Points Lease income or gross receipts % to SMGC/City up to 25 2. Proposer's relevant experience, qualifications, past performance and experience. Qualifications of key personnel who will be assigned to this contract up to 20 3. Proposer's approach to providing services and amenities, up to 25 including a restaurant "theme." 4. Proposed Capital Improvements up to 30 B. Selection A Committee will review all Proposals and score each responsive Proposal based on the criteria set forth above. The Proposal(s) rankings shall be submitted to the City Council for approval in order to initiate Concession Lease negotiations. The Committee may request oral presentations from the Proposers when considering the criteria. The City Manager shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the City Manager is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the City Manager shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the City Manager is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the City may reject all Proposals and may re -advertise for new Proposals. 14 154 of 178 PART V PROPOSER INFORMATION 5.1 PROPOSER INFORMATION FORM Submitted by: Proposer (Entity): Title: Signature: Name (print): Address: City/State: Telephone: E-mail: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a Proposal, the Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a concession Lease has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) Proposer must sign below to acknowledge receipt of addendum (if necessary). Addendum No. 1: Addendum No. 2: Addendum No. 3: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 15 155 of 178 PART VI PROPOSALFORM 6.1 PROPOSAL FORM - Base Lease Rent and Gross Receipts Percentage Proposer must indicate the amount Proposer is willina to pav for a Base Lease Rent and the minimum percentaae of aross receipts the Proposer is willina to pav to occupv the space. The successful Proposer will oav the areater of the Base Lease Rent or Percentage of Gross Receipts calculated on a monthiv basis. Sebastian Golf Course Restaurateur: Base Lease Rent Gross Receipts Percentage % (% of gross sales) This represents the percentage ofrg oss concession sales to be paid to SMGC. This includes catering sales prepared on-site. No deductions will be allowed for service charges, equipment charge, staffing charge or gratuity. PROPOSER'S NAME: SIGNATURE: TITLE: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 16 156 of 178 PART VI PROPOSALFORM 6.2 Proposed Caoital Improvement Plan The successful Proposer is expected to make an investment in capital improvements under contractual consent. Proposers are to submit with their Proposals a list of equipment installations, structural, amenity, or aesthetic improvements the Proposer intends to furnish at the subject restaurant space. Final listing shall be mutually agreed upon by the successful Proposer and the City/SMGC. The capital improvements shall become the property of the City upon completion of the Concession Lease term. The successful Proposer shall be required to post payment and performance bonds in accordance with F.S. 255.05 for any agreed upon capital building improvements Evaluation points for capital improvements are evaluated at a 30 point maximum. If Proposer does not have a capital improvement plan at the time of submittal, the Proposer can provide a minimum dollar amount that would be used toward capital improvements for the Sebastian Golf Course restaurant. List any capital improvement upgrades (additional sheet, if necessary): Amount If your company does not have a capital improvement plan at the time of submittal, but does plan on making significant capital improvements in the first year of the contract, please list a minimum dollar amount that will be obligated for capital improvements at the Sebastian Golf Course Restaurant/Bar. SMGC restaurant/bar: $ PROPOSER'S NAME: SIGNATURE: TITLE: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 17 157 of 178 PART VII QUESTIONNAIRE 7.1 PROPOSER'S QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If Foreiqn Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice -President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership`: 18 158 of 178 Name and Address of Each Partner: NAME * Designate general partners in a Limited Partnership ADDRESS Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by Proposer for a project similar to the Proposed project ever been canceled by either party? Yes( ) No( ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. Explain any convictions: 6. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 19 159 of 178 WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: Signature General Partner Print Name Print Name WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: Authorized Representative Attest: Secretary (CORPORATE SEAL) THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 20 160 of 178 LIST OF REFERENCES FORM List at least three (3) client/customer references including company, name, address, contact person, telephone number and length of time services provided. (Note: only list those clients/customers in which a similar scope of work was provided.) 1. Company Name Address Contact Person Telephone Number E-mail Length of time services provided: Type of services (i.e. concessions or catering): Type and size of events and attendance: 2. Company Name Address Contact Person Telephone Number E-mail Length of time services provided: Type of services (i.e. concessions or catering): Type and size of events and attendance: 3. Company Name Address Contact Person Telephone Number E-mail Length of time services provided: Type of services (i.e. concessions or catering): Type and size of events and attendance: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 21 161 of 178 DISPUTES DISCLOSURE FORM Answer the following questions by placing as "X" after "YES or "NO". If you answer "YES", please explain in the space provided, or via attachment. 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 five (5) years? YES NO 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 five (5) years? YES NO Has your firm had against it or filed any requests for equitable adjustment, contract claim or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO I hereby certify that all statements made are true and agree and understand that any misstatements or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal by the City of Sebastian. Firm Authorized Signature Date Printed Name and Title THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 22 162 of 178 CONFIRMATION OF DRUG-FREE WORKPLACE 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's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or Contractual services that are under Bid/RFP a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or Contractual services that are under bid/RFP, 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 contenders to, any violation of Chapter 893 Florida Statutes or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after the conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature Date: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 23 163 of 178 STATEMENT OF INSURANCE COMPLIANCE FORM The undersigned firm agrees to obtain prior to award, if selected, General Liability and Workers' Compensation, in accordance to the requirements as set forth in the in the draft Concession Lease, attached hereto. Policies other than State issued Workers' Compensation shall be issued only by companies authorized by maintaining certificates of authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida and which maintain a Rating of "A-" or better. Authorized Signature Date: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 24 164 of 178 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR PROPOSAL DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR PROPOSAL. SWORN STATEMENT UNDER SECTION 287.133(3xa), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Proposal No. 17-01. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 25 165 of 178 3. My name is (please print name of individual signing). My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 26 166 of 178 The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Date: STATE OF FLORIDA COUNTY OF (Signature) The foregoing instrument was acknowledged before me this day of , 2017 by (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Name: My Commission Expires: Commission Number: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL 27 167 of 178 PART VIII PROPOSED CONCESSION LEASE TERMS AND CONDITIONS The City reserves the right to add to, subtract from, modify, or amend any proposed Terms and Conditions to the final Concession Lease as negotiated between the parties Section 1.0 1.01 Term: This contract will be for a term of ten (10) years, with the option of one (1) ten (10) year extension. Terms of an option for a ten (10) year Concession Lease extension may be negotiated between the parties. LESSEE must notify LESSOR, in writing within six (6) months of expiration of the Concession Lease, of LESSEE'S intent to exercise the option for an additional ten (10) year term. The City, within its sole discretion, may approve, or deny, the request. Section 2.0 2.01 Sites: Authorized Concession/Caterina: The Concession Lease is exclusive only to the SMGC facility, however the City may add or delete, by addendum to the agreement, sites at its sole discretion. Nothing contained in the Concession Lease shall preclude the City from charging fees for, including but not limited to, parking, admission, and special events. 2.02 Acceptance of Premises: Restauranteur accepts said facility in its present condition without warranties, or representations of any kind, from the City as to its suitability, or safety, for the intended use. Section 3.0 3.01 Cost of the Space: During the term of the contract, the Restaurateur shall pay to the City/SMGC, the greater of, a "leased space rental fee"ora percentage of the monthly Gross Receipts from concessions, catering, alcohol sales, and vending sales, as proposed in response to RFP # 17-01. Such payment shall be made by the twentieth (20th) day of the month following the month during which the Gross Receipts were earned and must be accompanied by a detailed report of sales. 3.02 Sales Tax: The Restaurateur shall be liable for the prevailing State of Florida Sales and Use Tax on the amounts payable to the City under this contract. 3.03 Utility Charges: The Restaurateur shall provide for water, sewer, electricity, propane/CNG, and any other utility, charges at its sole cost. 3.04 Pavment of Fees: The Restaurateur shall make payments and submit all reports required by the contract to the: Director of Golf Sebastian Municipal Golf Course 100 Brush Foot Drive Sebastian, FL 32958 In the event the Restaurateur fails to make payments as required to be paid under the provisions of the contract within 30 days after the same shall become due, interest at the rate of one and one-half percent (1 1/2%) per month shall accrue against the delinquent payment(s) until same are paid. Implementation of this provision shall not preclude the City from terminating the contract for default in the payment of rentals, fees, or charges, or from enforcing any other provisions contained herein. 28 168 of 178 3.05 Reports and Records: A. The Restaurateur shall maintain during the term of the contract all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to the contract and all monies collected hereunder, not limited to net receipts. The form of all such records and reports shall be subject to the approval of the City Manager or his/her designee prior to commencement of operations. Subsequent recommendations for changes, additions, or deletions shall also be subject to said approval. B. The Restaurateur shall provide a point-of-sale system. All point-of-sale systems must be able to provide records of receipts and record time/date tax, all sales and sub -total during an event. C. On or before the twentieth (20th) dayfollowing the end of each calendar month throughout the term of the contract, the Restaurateur shall furnish to the City Manager or his/her designee a report of gross receipts during the preceding calendar month, on forms, including details, as approved by the City Manager or his/her designee. Any submitted report(s) shall be signed by the awarded Restaurateur certifying to the accuracy of such gross receipts. D. The Restaurateur shall submit to the City Manager or his/her designee at its own expense, within sixty (60) days following each twelve (12) month period of operation under the contract, a certified report prepared and attested to by an independent Certified Public Accountant, as to the Gross Receipts per month arising from the Proposer's operations under the contract, prepared in conformance with the American Institute of Certified Public Accountant's requirements for "Special Reports." The report due under the Article shall, for the first reporting period, cover the period ending twelve months from the Date of Execution, plus the balance of the number of days necessary to have the period end on the last day of a month in the event the contract is not executed on the first day of a month. E. The Restaurateur shall allow the City Manager or his/her designee, or the auditors of the City, to inspect all or part of the compilation procedures for the aforesaid report(s). Said inspection is at the sole discretion of the City Manager or his/her designee. F. Prior to the commencement of the operations under the contract, the Restaurateur shall secure in writing, from the City Manager or his/her designee, approval of any and all recording machines, or records, such as but not limited to, cash registers, tapes, books, ledgers, journals, sales slips, and invoices, installed or used for recording the operations of the Proposer under the contractor. G. All records of the Restaurateur necessary to verify the report set forth herein shall be available to the City Manager or his/her designee and the City's auditors at a reasonable location in Sebastian, Florida for a period of five (5) years after the end of any Concession Lease year. Section 4.0 4.01 Advertisement: All advertising on and off site must be approved by the Director of Golf and may also require approval by the Sebastian Community Development Department. 4.02 Approvals: The Restaurateur agrees that it will obtain prior written approval from the City Manager or his/her designee in all of the following matters: modifications. A. Changes from originally approved specifications, signage, and graphics. B. Equipment, or fixtures, Restaurateur plans to install requiring any structural C. Food and beverages to be sold and their respective prices. Further, it is understood by the Restaurateur that should any of the above items be disapproved, Restaurateur will offer alternative solutions. The City Manager or his/her designee shall be allowed sixty 29 169 of 178 (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. Restaurateur shall provide the Director of Golf with two copies of any new menus or other sale or rental items with suggested prices prior to use. 4.03 Approval of Change: The City Manager or his/her designee reserves the right to require the Restaurateur to change within a stated time any and all items contained in Section 4.02 it deems required, despite previous approval of same. 4.04 Public Contact of Restaurateur's Emplovees: Restaurateur's employees in contactwith the public shall perform their duties in an efficient and courteous manner. All employees shall be sufficiently identified so as to be distinguishable as the Restaurateur's employees. 4.05 Hours of Operation: The minimum hours of operation are 6:30 a.m. to 9:00 p.m. seven (7) days a week and any other hours outside of normal hours of operation for the golf course as approved by the City Manager or his/her designee. Holiday closures shall be coordinated with the Director of Golf. The City Manager or his/her designee may require a change in days and hours of operation if such a change is desirable to provide the best service to the public. 4.06 Qualitv of Restaurateur's Services: A. The Restaurateur shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to customers, patrons, or others in the immediate vicinity of such operations. B. The Restaurateur shall control the conduct, demeanor, and appearance of its officers, members, employees, agents, representatives, customers and patrons, and upon objection of the City Manager or his/her designee concerning the conduct, demeanor, or appearance of any such person, Restaurateur shall immediately take all necessary steps to correct the cause of such objection. C. Restaurateur shall take good care of the facilities and equipment, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of the Concession Lease, or its termination in any manner, shall deliver the equipment and facilities to the City in no worse condition than the same was at the commencement of the contract, loss by fire or other casualty and ordinary wear and tear being the only exceptions. D. Restaurateur shall furnish good, prompt, and efficient service, adequate to meet all reasonable demands therefore. E. Restaurateur shall serve the best quality food obtainable. F. The Restaurateur will meet monthly with the Director of Golf to review operations, resolve problems and plan for future events. Section 5.0 5.01 Assignment. Subletting and Successors in Interest: Restaurateur shall not assign or subcontract the services to be provided under the Concession Lease to any other persons or firm without first obtaining the City's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in the Concession Lease shall extend to and be binding on the respective successors and assignees accepted by the City. 30 170 of 178 Section 6.0 6.01 Sale of Alcoholic Beveraaes: Restaurateur shall sell alcoholic beverages and must be duly licensed to do so. Section 7.0 7.01 Commencement of Operations: The Restaurateur should be ready to begin operations on, approximately, November 21, 2017. 7.02 Equipment Installed by Restaurateur: A. All equipment, furnishing, signing, and advertising installed by the Restaurateur shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the City Manager or his/her designee prior to installation. The Restaurateur shall not install, remove, or replace the equipment or furnishings without notification to, and prior to approval by, the City Manager or his/her designee. Immediately following the installation of any additional equipment, furnishings, and improvements, Restaurateur shall provide to the City Manager or his/her designee a certified statement by an independent Certified Public Accountant setting forth the cost of such equipment, furnishings or improvements and the date upon which the installation of such equipment, furnishings, and improvements was completed. B. No coin or currency -operated vending machines shall be installed or located within the SMGC sites without the permission of the Director of Golf; such permission shall not be unreasonably denied. C. Restaurateur agrees that all equipment, furnishings, and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. D. Restaurateur shall not alter or modify any portion of facilities, the SMGC sites or the improvements constructed therein without first obtaining written approval from the City Manager or his/ her designee. E. Restaurateur shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed at the facilities without priorwritten consent of the City Manager or his/her designee. Section 8.0 8.01 Maintenance Responsibilities of Restaurateur: A. Appearances of Facility: Restaurateur shall, at its sole cost and expense, keep and maintain the facilities in a first-class condition, as determined by the City Manager or his/her designee, during the term of the contract, and any extensions thereof. B. Restaurateur shall provide, at their expense: (1) All janitorial services and all other interior maintenance of the space, including plumbing, electrical, and `grease trap' periodic maintenance. (2) Pest control within and around 20 feet of the operational areas. (3) Garbage removal service from Concessions locations to the SMGC designated disposal site. 8.02 Damaaes: Restaurateur shall repair all damage to the equipment and facilities caused by 31 171 of 178 the Restaurateur, its employees, agents, or independent contractors of the Restaurateur. Section 9.0 9.01 Quiet Eniovment of Proaerty: The City covenants and agrees that so long as no default exists in the performance of Restaurateur's covenants and agreements contained herein, Restaurateur shall peaceably and quietly hold and enjoy the contracted facilities and all parts thereof free from eviction or disturbance by the City or any persons claiming under, by or through the City. Section 10.0 10.01 Indemnification: Restaurateur does hereby agree and covenants to defend fully, protect, indemnify and hold harmless the City from and against each and every claim, demand or cause of action and any and all liability, cost, expense (including but not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the City, even if incident to appellate, post -judgment or bankruptcy proceedings), damages or loss in connection therewith, which may be made or asserted by the Restaurateur, the Restaurateur's employees or agents, invitees or any third parties (including but not limited to the City) on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with the Restaurateur's operation of the equipment and facilities. At the election of the City, Restaurateur shall contest and defend the City against any such claims of liability against the City. The City shall in any event, have the right, through counsel of its choice; to control the defense or response to any such claim to the extent it could affect the City. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the City or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Restaurateur shall be excluded from the Restaurateur's duty to indemnify the City, but only to the extent of negligence of the City or such third party. For the purpose of this section, the term "City" shall be deemed to include the City Council, City Manager, its agents, employees and affiliates. For purposes of the indemnification, "claims" shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the City, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The City shall have the right to defend any such claim against it in such manner as the City deems appropriate or desirable in its sole discretion. The parties acknowledge that the consideration for the indemnification agreement is included in the consideration for the Concession Lease. Section 11.0 11.01 Liabilitv for Damaae or Iniurv: The City shall not be liable for any damage or injury which may be sustained by any party or persons at the facilities other than the damage or injury caused solely by the negligence of the City. Section 12.0 12.01 Partial Damaae of Facilities: If by no fault of the Restaurateur, the facilities, and/or equipment, are partially damaged, but not rendered unusable for the purposes of the Concession Lease, the same shall be repaired, or replaced, with due diligence by the City from proceeds of the insurance coverage and/or at its own cost and expense, and a pro -rata adjustment of the base lease rent payable hereunder for the period of the Restaurateur's business interruption, if any, shall be made. If the damage shall be so extensive as to render such facilities unusable for the purposes intended, but capable of being repaired, or replaced temporarily, the same shall be repaired, or replaced, with due diligence by the City from the proceeds of the insurance coverage policy and/or at its own cost and expense, and for the period of Restaurateur's business interruption a pro -rata adjustment shall be made to the base lease rent. The provisions of this paragraph shall not apply to the Restaurateur's equipment or facilities constructed by the Restaurateur which at the time of damage or destruction have not been conveyed to the City pursuant to Section 7.02 of this section. It shall be the responsibility of the Restaurateur to repair, or replace, any such facility, or equipment, prior to the conveyance to the City. 32 172 of 178 12.02 Destruction or Replacement of Facilities: In the event the facilities are substantially destroyed, or the City erects a replacement facility, the Restaurateur shall be granted the right to operate the replacement facility under the same terms and conditions, except that the base lease rent shall be adjusted proportionally reflecting any change in the amount of leased square footage and current market value at that time. The Restaurateur must notify the City clearly and unconditionally in writing of its intent to exercise this right within sixty (60) days after receiving formal written notice, or shall be deemed to have waived its right to operate the replacement facility. Section 13.0 13.01 Inaress and Earess: Subject to rules, regulations, statutes, and ordinances governing the use of the Facilities, Restaurateur, her agents, servants, patrons and invitees, and her suppliers of service and furnishers of materials, shall have the right of ingress and egress to and from the facilities. Section 14.0 14.01 Operations Performance Bond: The successful Proposer shall execute and deliver to the City, within fifteen (15) days after notification of award, a Performance Bond in the amount of $20,000.00 as surety for faithful performance under the terms and conditions of the Concession Lease. Section 15.0 15.01 Insurances and Licenses: The Restaurateur shall maintain the following insurance for any occurrence during the term of the contract. A. The Restaurateur shall maintain and keep a food handlers and liquor license in compliance with any regulatory requirements.. B. Workmen's Compensation and Employer's Liability Insurance- Worker's Compensation Insurance shall provide for the limits required by Chapter 440, Florida Statutes, and as may be amended from time to time. The Employer's Liability shall be for a limit of no less than one million dollars ($1,000,000.00). If Restaurateur, their partners, or officers request a waiver of exemption under Section 440.04, Florida Statutes, and as may be amended from time to time, Restaurateur agrees to provide full disclosure of the waiver to the City and the City shall have the right to reject Restaurateur's waiver of exemption. C. Restaurateur shall procure and maintain throughout the term of this Agreement, comprehensive general liability insurance providing for a minimum of one million ($1,000,000.00) dollars per occurrence, and two million ($2,000,000.00) dollars aggregate, written by such insurance company as shall be acceptable to City. Restaurateur's insurance shall cover all activities of any subcontractors and any individual or company providing services for this event. (1) Lessee shall name City as an additional insured under said policy and a certificate of insurance showing the additionally insured and specifying the deductible of said policy shall be delivered to City immediately upon request. The certificate shall provide for thirty (30) days prior written notice from the insurer to City of any cancellation or amendment to said insurance policy. Each certificate of insurance shall list the following as the Certificate Holder: The City of Sebastian 1225 Main Street Sebastian, FL 32958 General Liability Certificate shall include the following wording: of Sebastian, its officers, agents, and employees are additional insured with respect to the work performed Agreement for concession and catering services." 173 of 178 "The City named as under the 33 (111) Nothing is this Agreement shall be construed to affect in anyway the City's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Florida Statute 768.28. (IV) In the event that Lessee fails to deliver said certificate to City in the above stated manner, City may cancel this Agreement or, but shall be obligated to, procure the required policy and charge its costs to Lessee as additional rent, to be paid by Lessee thirty (30) days before the first day of the commencement of the term hereof. 1. Dram Shop Liability Insurance. (1) The Lessee shall maintain and, prior to commencement of this Agreement, provide the City with evidence of insurance to cover liability for the service of alcoholic beverages with limits of one million ($1,000,000.00) dollars no later than thirty (30) business days before the commencement date of the term as set forth in section 7.01. (II) The City shall be named an additional insured, as its interest may appear, on the policies set forth in this section. Lessee shall not cancel or reduce the coverage provided by any policy described in this Section except upon thirty (30) days prior written notice to the City. The City Manager, or designee, reserves the right to reasonably amend the insurance requirements by the issuance of notice in writing to the Restaurateur. 2. The City shall maintain and keep in force property insurance on the facilities. Restaurateur shall be responsible for keeping in force fire and extended coverage on all contents, improvements and betterments. Restaurateur shall maintain builders risk insurance on all facilities constructed pursuant to Section 7.02 of this section. Section 16.0 16.01 Termination by City: A. The City may terminate the Concession Lease without notice upon the occurrence of any of the following events: (1) Institution of proceedings in voluntary bankruptcy by the Restaurateur. (2) Institution of proceedings in involuntary bankruptcy against the Restaurateur if such proceedings continue for a period of ninety (90) days (3) Assignment by Restaurateur for the benefit of creditors. (4) Abandonment by Restaurateur of, and discontinuance of operations hereunder. (5) The discovery of any misstatement in the "Request for Proposals" which, in the sole opinion of the City materially affects the Restaurateur's qualifications to perform under the contract. (6) If the Restaurateur fails to pass a Indian River County Health Department health/sanitation inspection, Restaurateur shall remedy the violation within a fourteen (14) day period or the contract shall terminate automatically as to the Site in violation. 34 174 of 178 B. The City shall have the right to terminate the Concession Lease after thirty (30) days written notice sent by registered or certified mail to the Restaurateur, of the occurrence of one or more of the following, unless the same shall have been corrected within such period: (1) Non-performance of any covenant of the contract and failure of the Restaurateur to remedy such breach. (2) The conduct of any business or the merchandising of any product or service not specifically authorized herein. C. If the Restaurateur fails to pay any sum or sums due under the contract for a period of 10 days after the due date, the City shall have the right, after seven calendar days additional written notice sent by registered or certified mail to the Restaurateur specifying the amount of payment(s) in default, to terminate the Concession Lease, provided however, that such termination shall not be effective if Restaurateur makes the required payment(s) during the seven calendar day period following receipt of the written notice. D. The City shall have the right to terminate the Concession Lease without cause on ninety (90) days prior written notice. 16.02 Termination by Restaurateur: A. Restaurateur shall have the right upon thirty (30) calendar day's written notice to the City to terminate the Concession Lease at any time after the occurrence of one or more of the following events: 1. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the facilities for commercial purposes, and the remaining in force of said injunction for a period of more than ninety (90) calendar days. 2. A breach by the City of any of the terms, covenants, or conditions contained in the Concession Lease and the failure of the City to remedy such breach for a period of sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Restaurateur of the existence of such breach. B. Restaurateur may terminate the Concession Lease without cause on one -hundred twenty (120) days prior written notice. Section 17.0 17.01 Non -Discrimination: A. That Restaurateur for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. The Restaurateur shall use the Sites in compliance with all other requirements imposed by, or pursuant to, Title 45, Code of Federal Regulations, Article 80, Non - 35 175 of 178 discrimination under programs receiving Federal Assistance. B. In the event of breach of any of the above non-discrimination covenants, the City shall have the right to immediately terminate the Concession Lease and to re-enter and repossess said facilities thereon and hold the same as if the concession has never been made or issued. C. Restaurateur shall not discriminate against any employees or applicant for employment to be employed in the performance of the Concession Lease with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. Section 18.0 18.01 Rules and Reaulations: The Restaurateur will observe, obey and comply with all rules and regulations adopted by the City and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Restaurateur's operations under the Concession Lease. Section 19.0 19.01 Pavment of Obligations: Restaurateur shall pay all taxes and other costs lawfully assessed against its interest in the facilities, its improvements and its operations under the Agreement provided, however, that Restaurateur shall not be deemed to be in default of its obligations under the Concession Lease forfailure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. Section 20.0 20.01 Availabilitv of Restaurateur's Records: Restaurateur shall make available to the City Manager or his/her designee and/or City's auditors at any time from Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m. all books of, account, reports, records, and other pertinent documents for audit purposes hereunder, as determined by the City Manager or his/her designee. Section 21.0 21.01 Inspection by City: The City Manager or his/her designee may make periodic inspections of all of the facilities and equipment to determine if such are being maintained in a neat and orderly condition. The Restaurateur shall be required to make any improvements in cleaning or maintenance methods required by the City of Sebastian. Such periodic inspections may also be made to determine whether the Restaurateur is operating in compliance with the terms and provisions of the Concession Lease. Section 22.0 22.01 Facilitv Repairs. Alterations and Additions by the Citv: The City shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the concession, including the facilities leased under the contract, free from any and all liability to the Restaurateur for loss of business or damages of any nature whatsoever during the making of such repairs, alterations, and additions, other than repairs to damaged items pursuant to Section 12.01. Section 23.0 23.01 Removal of Propertv: The Restaurateur, within thirty (30) calendar days following the termination of the Concession Lease, shall forthwith remove all of its personal property. Any personal property of Restaurateur not removed in accordance with this section may be removed by the City of 36 176 of 178 Sebastian for storage at the cost of Restaurateur or shall constitute a gratuitous transfer of title thereof to the City for whatever disposition is deemed to be in the best interest of the City. The City shall not be liable to Restaurateur for the safekeeping of Restaurateur's personal property. It is the intention of the parties to the Concession Lease that all fixtures, furnishings, and equipment purchased or leased by Restaurateur, except those permanently affixed to buildings, as defined under the laws of the State of Florida, shall be and will always remain the personal property of the Restaurateur. Upon termination of the Concession Lease and the removal of all personal property by Restaurateur, the Restaurateur shall restore said facilities to a neat, clean, and habitable condition. Section 24.0 24.01 Indulgence Not Waiver: The indulgence of either party with regard to any breach or failure to perform any provision of the Concession Lease shall not be deemed to constitute a waiver of the provision of any portion of the Concession Lease either at the time the breach or failure occurs or at any time throughout the term of the Concession Lease. Section 25.0 25.01 Intearation: The drafting, execution and delivery of this Concession Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Concession Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the legal representatives, successors and assigns of both parties. Section 26.0 26.01 Severabilitv: If any term of this Concession Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Concession Lease shall be valid and enforceable to the fullest extent permitted by law. Section 27.0 27.01 Notices: All notices required under this Concession Lease shall be sent by certified mail as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958-4165 ATTN: City Manager A Copy shall be provided to the Sebastian City Attorney's Office. LESSEE: To Be Determined Sebastian Golf Course Restaurant/Bar 100 Brush Foot Drive Sebastian, FL 32978 Section 28.0 28.01 Governing LawNenue: This Lease shall be governed and construed in accordance with 37 177 of 178 Florida Law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. The parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in anyway related to this Concession Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, the Building or the Lot, and/or any claim of injury, loss or damage. IN WITNESS WHEREOF, the Parties have executed this Lease on this the day of , 2017. LESSOR: The City of Sebastian Joe Griffin City Manager ATTEST: City of Sebastian, Florida Jeanette Williams, MMC City Clerk LESSEE: Name Title Approved as to form and Correctness Robert A. Ginsburg City Attorney 38 178 of 178