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HomeMy WebLinkAbout08-13-2019 CC Agenda w PHCITY Or SEBASTLINN ;7t HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR CITY COUNCIL AGENDA TUESDAY, AUGUST 13, 2019 - 5:01 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 CALL TO ORDER 2. INVOCATION — Pastor David Daniel, Sebastian Church of God 3. PLEDGE OF ALLEGIANCE — Led by Council Member Dodd 4. ROLL CALL 5. SECOND PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE-YEAR CONSOLIDATED PLAN AND FY2019 ANNUAL ACTION PLAN THROUGH ADOPTION OF RESOLUTION NO. R-19-17 Procedures for legislative public hearings: Mayor opens hearing .,Attorney reads resolution Consultant presentation Public input and comment Staff summation Mayor closes hearing Council deliberation and action pgs 5-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019-2024 FIVE YEAR CONSOLIDATED PLAN, 2019 ANNUAL ACTION PLAN AND AN APPLICATION FOR CDBG FUNDING FOR FY2019 (SF424); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 7. 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. 19.106 A. Presentation by Indian River County Commissioner Tim Zorc - Support for Using pgs 50-58 Bethel Creek as a Location for a Florida Tech "Lagoon Flushing" Study 19.107 B. Presentation by Gehring Group - Employee Health, Dental, and Vision Insurance Program for FY19/20 Brief Announcements 1 of 105 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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 59-63 A. Approval of Minutes — July 24, 2019 Regular City Council Meeting 19.107 B. Approve FY2019/2020 Employee Group Medical (Florida Blue), Dental and pgs 64-65 Vision (Humana) as Previously Presented (Transmittal, Summary) 19.108 C. Approve Agreement Between the School Board of Indian River County and the pgs 66-77 City of Sebastian for the School Resource Officer Program and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) 19.108 D. Approve Agreement Between the Sebastian Charter Junior High, Inc. and the pgs 78-89 City of Sebastian for a School Resource Officer and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) 19.109 E. Award RFQ to Eau Gallie Electric for Design Build of City Hall Emergency pgs 90-105 Generator and Authorize the City Manager to Negotiate a Guaranteed Maximum Price (Transmittal, Score Sheet, Proposal) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input' provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to 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. 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Kinchen B. Council Member Dodd C. Council Member lovino D. Council Member McPartlan E. Mayor 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) 2 of 105 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 Meetinq Dates: August 28, 2019 - Regular City Council & CRA Meeting September 11, 2019 — Regular City Council Meeting Monday, September 16, 2019 — First Public Hearing on Millage and Budget/CIP/Financial Policies September 25, 2019 — Regular City Council/Final Millage, Budget, CIP, Financial Policies Hearing & CRA Budget Mtg October 9, 2019 — Regular City Council Meeting October 23, 2019 — Regular City Council & CRA Meeting 3 of 105 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetinqs Public input is ALLOWED under the headinas: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special 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 Headinq on Aqenda 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 105 LM LT SEBAST,N HOME OF PEUCAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: August 13, 2019 Agenda Item Title: Community Development Block Grant (CDBG) Second Public Hearing and Adoption of Resolution No. R-19-17 Recommendation: Staff recommends approval of the Community Development Block Grant (CDBG) Five-year Consolidated Plan and FY 2019 Annual Action Plan through adoption of Resolution No. R-19-17 Background: The City of Sebastian is an entitlement City for CDBG funds through the U.S. Department of Housing and Urban Development (HUD). The City is required to update the 5 -year Consolidated Plan as part of the eligibility process. Guardian Community Resource Management, Inc. has provided technical support in completing the consolidated plan, action plan and related HUD requirements for receipt of HUD funds. The proposed Consolidated Plan for federal fiscal years 2019-2024 and the 2019 Annual Action Plan are attached. The Consolidated Plan is a five-year planning document that addresses housing and community development needs of the City. The draft documents were posted on the City website and available for review at City Hall for 30 -days designed to give citizens, local governments, and interested parties of the City an opportunity to comment on the 2019 Action Plan and the 2019-2024 Consolidated Plan. THE 2019 TO 2024 FIVE YEAR CONSOLIDATED PLAN: The City anticipates receiving approximately $618,370 from the CDBG Program over the 5 -year period. Activities proposed for funding include Housing Rehabilitation -$250,000, Public Improvements - $250,000.00, Planning & Administration -$118,370. THE 2019 ACTION PLAN: The City anticipates receiving approximately $123,674 from the CDBG Program. Activities proposed for funding include: Housing Rehabilitation (Veterans, Elderly and Disabled) - $50,000.00; Public Improvements (Sidewalks) - $50,000.00; and Administration - $23,674. The estimated amount to benefit low- and moderate -income persons for the CDBG Program is 80%. One (1) verbal comment was presented to the Community Development Department in regards to the allocation of funds. The request was for the funding to include rehabilitation for Veteran Organization facilities as well as individual homes. Discussion to determine if this request meets the housing criteria established by HUD. The City expects no displacement of families, individuals, or businesses to occur as a result of the activities. Should displacement occur as a result of any project or activity, the City will follow the regulations of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Action Plan has been developed using an estimate 5of105 of the amount of 2019 CDBG entitlement funding that the City anticipates receiving from the U.S. Department of Housing and Urban Development (HUD). Funding amount revisions will be made to the activities in the Action Plan should the exact amount of funding awarded by HUD differ from this estimate. Priority activities will remain the same regardless of the amount of funding received from HUD. The City will adhere to the Citizen Participation Plan amendment requirements if an activity will be added to or cancelled from the Action Plan. The City may also use unprogrammed CDBG monies to fund 2019 CDBG activities as needed or/or until the 2019 funds are made available from HUD. Resolution No. R-19-17 provides for the approval of: (1) the 2019-2024 Five Year Consolidated Plan; (2) the 2019/2020 Annual Action Plan; (3) and authorizes the City Manager to execute and transmit all required documents to the U.S. Department of Housing and Urban Development. If Aqenda Item Reauires Expenditure of Funds: Total Cost: Amount Budgeted in Current FY:�� If Cost Requires Appropriation: Amount of Appropriation Required: Fund to Be Utilized for Appropriation: Administrative Services Department Review: Attachments: 1. Five Year Consolidated Plan (2019-2024) 2. Annual Action Plan (FY 2019) 3. Resolution No. R-19-17 City Manage ut n ion: v Date: le/7 /t y 6 of 105 CITY LF HOME OF PELICAN ISLAND CONSOLIDATED PLAN 2019-2024 Prepared by: Guardian CRM Inc 7of105 TABLE OF CONTENTS EXECUTIVE SUMMARY CHAPTER 1: INTRODUCTION TO THE CONSOLIDATED PLAN Identification of Lead Agency Low to Moderate Income Areas Consultation Citizen Participation Monitoring/Performance Measurements Underserved Needs Priority Needs Lead Based Paint Abatement CHAPTER 2: HOUSING General Population Characteristics Housing Characteristics Priority Needs (CHAS data) Housing Needs Overview Specific Housing Objectives Needs of Public Housing Public Housing Strategy Barriers to Affordable Housing Homeless Needs/Continuum of Care CHAPTER 3: COMMUNITY DEVELOPMENT Non -housing related community needs Antipoverty Strategy Low Income Housing Tax Credit APPENDICES CHAS Tables Section 3 Plan Certifications City of Sebastian Consolidated Plan August 95, 2099 2 11 16 19 8 of 105 EXECUTIVE SUMMARY The City of Sebastian Conununity Development Department is pleased to present the Five Year Consolidated Plan for 2019-2024. This plan is the blueprint for addressing the City's community development and housing needs. This plan addresses programs for the Community Development Block Grant (CDBG) funding provided by the U.S. Department of Housing and Urban Development. The City is slated to receive an allocation for the CDBG program; the allocation for FY2019 is $123,674.00. The City of Sebastian has also included information that was historically the foundation of the Comprehensive Housing Assessment Plan (CHAS), the data on cost of housing as it related to median income. This information still provides a look into the housing needs of the community. This plan was created through consultation with various agencies and public input was gathered at a City Council meeting. This document examines data that describes the low- and moderate -income population in Sebastian and their housing needs. Including information on homeless population, those at -risk for homelessness and special needs populations like the elderly or disabled. The third section describes "non housing" community development priority needs and targeted programs. These include development or renovation of community parks, community centers and recreational programming, infrastructure improvements, economic development Code Enforcement, holistic anti -poverty strategies and public services. The Appendix contains tables outlining the five-year plan for addressing coirurrunity needs while reporting actual progress on an annual basis. The new tables provide the ability to compare actual annual results with the five- year goals. Additionally, in the Appendix, is the Section 3 plan for increasing opportunities for low income residents and regulatory Certifications. This document forms the foundation for the next five year's entitlement community activities. It is complemented by an annual action plan that outlines specific projects and fimding for the fiscal year and an annual report that documents the progress made each year. The Consolidated Plan is an integral part of the mission of the City. I. INTRODUCTION TO THE STRATEGIC PLAN The Consolidated Plan is a requirement of any entitlement City receiving funding from the U.S. Department of Housing and Urban Development (HUD). The City of Sebastian's Consolidated Plan is a document designed to guide the City's community development programs that benefit low- and moderate -income persons. HUD envisions the Consolidated Plan to function as: 1) document for the community needs for the City of Sebastian, which builds on a participatory process that includes govermnent, residents, businesses and not-for-profit agencies; 2) an application for federal funds that utilize HUD's formula grant programs; 3) a strategy to be followed in carrying out HUD programs; 4) an action plan that provides a basis for assessing performance. This document will outline the City's analysis and strategies for housing and non -housing related community needs (i.e. public services, public facilities, and economic development). This is the City's second time participating in the Community Development Block Grant (CDBG) program directly with HUD, and the Consolidated Plan for the next five years 2019-2024). The Consolidated Plan furthers the statutory goals through a collaborative process whereby the City of Sebastian establishes a unified vision for City of Sebastian Consolidated Plan August 75, 2079 2 9 of 105 community development activities. This vision evolves into the five-year plan that offers local jurisdictions the opportunity to shape programs into effective, coordinated neighborhood and community development strategies that create a specific course of action for local revitalization. The Consolidated Plan also contains the means to analyze the City in its local context and the linkages to a larger region. It creates the opportunities for citizen participation throughout the process. The Plan builds on local assets and coordinates a community's economic, physical, environmental and human needs into a comprehensive document. The Plan also links with the Community Redevelopment Area (CRA) plan for Sebastian and the applicable sections of the City's Comprehensive Plan. This plan includes information that is historically the foundation of the Comprehensive Housing Assessment Plan (CHAS), the data on cost of housing as it related to median income. This information still provides a revealing look into the housing needs of the community. All data utilized is the 2010 Census data and updates. If there are dramatic changes to the Census data, the City may revise their plan prior to the end of the five-year period_ The Consolidated Plan and Annual Action Plan are designed to allow communities to develop their own programs and funding priorities. Activities must meet one of three objectives: L Projects that provide benefit to low- and moderate -income persons. 2. Activities which aid in the prevention or elimination of slums or blight. 3. Activities that meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs (typically used after a disaster). CDBG funds may be used for activities which include, but are not limited to: • acquisition of real property; • relocation and demolition; • rehabilitation of residential and non-residential structures; • construction of public facilities and improvements, such as water and sewer facilities, streets, neighborhood centers, and the conversion of school buildings for eligible purposes; • public services, within certain limits; • activities relating to energy conservation and renewable energy resources. Generally, the following types of activities are ineligible: • acquisition, construction, or reconstruction of buildings for the general conduct of government (i.e. City Hall or Police Department); v • political activities; • certain income payments; and • construction of new housing by units of general local government. These goals were further enhanced through the Cranston -Gonzales National Affordable Housing Act of 1990 enacted by the U.S. Congress to provide new commitment, programs and resources to accomplish the goal of ensuring decent affordable housing, in safe and livable neighborhoods. Identification of Lead A cncv The City of Sebastian's Community Development Department staffs are the lead agency for the development and implementation of the Consolidated Plan. The Staff, along with the Sebastian Planning Commission which is an advisory group to the City Council comprised of residents from across the City, and the City Council itself have all worked in cooperation for the development of the plan. City of Sebastian Consolidated Plan August 15, 2019 10 of 105 Mission Statement The Mission of the City of Sebastian is to become the most desirable city in the State of Florida to live, for businesses to flourish and visitors to enjoy. Sebastian housing offers affordability with quality, one of the greatest advantages of Sebastian, where housing values have kept steady and affordable over time. Sebastian offers outdoor recreational activities like running, bicycling, tennis, and boating, along with miles of sandy beaches close by. In addition, the local City's Leisure Services Department offers a number of parks and amenities_ The City also has a `Bark Park" off leash dog park. Sebastian is just minutes away from the Sebastian Inlet State Park and Pelican Island, home of the first wildlife refuge. The City also supports a number of coiruuunity events like the Clambake and the Riverfront Art & Music Festival. The City of Sebastian is home to two elementary schools, and both the Middle and High School are located adjacent to the City boundaries. The Indian River State College provides a Sebastian campus location adjacent to City Hall. The City has designated a Community Redevelopment Area (CRA) based upon a slum and blight study that meets the requirements of Chapter 163, Part III, Florida Statutes, and therefore CDBG funded activities would be eligible there under the National Objective for those that "address slums and blight on an area basis" at 24 CFR, 570.208 (b) of the federal regulations. Low to Moderate Income Areas To further the objectives of the grant, it is necessary to identify the location of neighborhoods by Block Groups where the majority of households are very low, low- or moderate -income households. According to the most recent information available from the USHUD, the median income for Indian River County is $65,000. This figure is adjusted annually and by family size. The following definitions will be used (data from 2011-2015 ACS): • Very Low Income: Households that do not exceed 30% of the median (685 households) • Low Income: Households between 31% 50% of the median (1,150 households) • Moderate Income — Households earning 51% - 80% of the median (2,095 households) There are 9,170 occupied households in Sebastian, and of those 3,930 (42%) households fit within the income definitions. The Block Groups that have a population where the percent of low- income households is greater than 50% are illustrated on the map below and are listed as: • Block Group 3 of Census Tract 508.08 (55.92% LMI) • Block Group 2 of Census Tract 508.06 (54.75% LMI) • Block Group 1 of Census Tract 508.08 (60.26% LMI) • Block Group 1 of Census Tract 508.06 (54.22% LMI) • Block Group 2 of Census Tract 508.05 (50.51% LMI) City of Sebastian Consolidated Plan August 15, 2019 M 11 of 105 MAPS 1-5: BLOCK GROUPS WHERE MORE THAN 50% OF THE HOUSEHOLDS ARE LOW INCOME (OUTLINED IN BLUE) Sebastian Census Block Group 3 Tract 508.08 y4 1.. f• July 3. 2319 City of Sebastian Consolidated Plan August 95, 2099 1 1 36.1 t: o24 u55 IT. 5 12 of 105 Sebastian Census Block Group 2 Tract 508.06 R! Ivy 3. J719 1:�;112 a uza ass n OA2 Ozo 1.i lvn Sebastian Census Block Group 1 Tract 508.08 Juf, $X119 City of Sebastian Consolidated Plan August 15, 2019 1 72,224 a e� I xa e .n 1s Jlw 13 of 105 Sebastian Census Block Group 1 Tract 508.06 Sebastian Census Block Group 2 Tract 508.05 r� i Juy 3.2019 0 u i6 16 � gym. City of Sebastian Consolidated Plan August 15, 2019 1:72-124 u6 i o nib IS iMm M 14 of 105 Consultation In addition to the Citizen Participation process, consultation was conducted with staff from various agencies including: a) Homeless strategy §91.100 (a)(2) contacted Veterans of Foreign Wars, the American Legion Post 189, Senior Resource Association, ARC of Indian River County and Treasure Coast Homeless Services Council. b)Lead lead-based paint hazards §91.100 (a)(3) Consulted with the State Health Department regarding incidence of lead-based paint. On average 5 -6 cases per year, most often found in children under the ape of 6. However, the exposure is from environmental causes (i.e. the parent works in an occupation where they are exposed to lead) rather than exposure to lead based paint_ c)Adjacent governments §91.100 (a)(4) contacted Indian River County (adjacent governing agency) Housing Services and Veterans Services and the Sebastian River Area Chamber of Commerce. d)MetropoLitan planning 591.100 (a)(5) contacted Indian River County Metropolitan Planning Organization. e)Public housing §91.100 (c) — contacted Indian River County Housing Authority and Indian River Habitat for Humanity. Citizen Participation The Citizen Participation Plan in accordance with the Housing and Community Development Act of 1974, as amended and 24 CFR Part 91, Subpart B: Citizen Participation and Consultation sets forth the citizen participation plan requirements. This section of the Act provides for and encourages citizen participation with particular emphasis on persons of low and moderate income, in addition to slum and blighted areas. Consistent with the Act, the City of Sebastian provides citizens reasonable and timely access to local meetings, information and records. In addition, technical assistance is made available to low- and moderate -income representative groups. The Citizen Participation Plan details the process to develop needs, review proposed activities and program performance as well as the manner in which hearings are advertised and conducted. The citizen participation process provides ample time for written complaints and grievances. In the spirit of collaboration, the City staff serves as consultants and facilitators_ Throughout all stages of the program, the City of Sebastian Community Development Department staff is responsible for the effective development and inclusion of citizen comments in all phases of the CDBG Program. All projects must be deemed feasible prior to receiving HUD funds, as many require documentation indicating financial feasibility and conformance with applicable regulations and constraints (Le, zoning, land use, flood plan, etc.). Projects will not be funded if the proposed project duplicates an existing program which the public sector administers. Advertisement: The City of Sebastian will make available to citizens, public agencies, and other interested parties the summary of proposed projects and the amount allocated to each project. This information will be published for comment in a newspaper of general circulation. Meetings and Hearings: The City of Sebastian will conduct at least two (2) public hearings annually to obtain citizen's views. Each public hearing notice will be published in a paper of general circulation at least 14 days in advance of the public hearing date. The City encourages participation by handicapped residents who may require auxiliary aids for conununication, including translation. Upon request, these auxiliary aids will be available to City residents. Whenever possible, the City shall produce a recording of the public hearing. All records relating to the development of the Consolidated Plan are on file at the City of Sebastian Community Development Department and the public has unlimited access to consistent with Florida records retention laws. City of Sebastian Consolidated Plan August 15, 2019 0 15 of 105 Upon completion of the Consolidated Plan, the City will publish the pian seminary in a newspaper of general circulation, allowing up to 30 days for written comment. Annual performance reports will be available for review and comment for at least fifteen (15) days, prior to HUD submissions. Technical Assistance: Technical assistance may be provided to citizen, neighborhood groups and not-for-profit organizations requesting assistance in developing proposals to receive funding. Written Complaints and Grievances: The City responds to all complaints from citizens related to the consolidated plan, any future amendment of the plan, or the annual performance reports. The City will provide a timely, substantive written response to every written citizen complaint within 15 working days, where practicable. Monitoring/Performance Measurements The City of Sebastian will monitor the Consolidated Plan activities funded through CDBG dollars. This ensures that the implementation is responsive to the needs of the community and changes in existing conditions. The monitoring process will also help identify any problems that may be addressed through the Plan, as well as successes. Monitoring applies to the CDBG program staff, programs and activities themselves and any sub - recipients. The City will make every attempt to identify problems or issues and resolve them to HUD's satisfaction. In accordance with recent guidance related to developing a performance measurement system, the City of Sebastian will utilize two main measurements. In order to meet HUD requirements related to timeliness of fund expenditures, the City of Sebastian will examine their expenditures on a quarterly basis to ensure that by July 3151 of each year, the City's grant balance does not exceed 150% of their annual grant. Over a 1, 2, or 3 -year period, as selected by the grantee, not less than 70 percent of CDBG funds must be used for activities that benefit low- and moderate -income persons. In addition, each activity must meet one of the following national objectives for the program: benefit low- and moderate -income persons, prevention or elimination of slums or blight, or address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available. Underserved Needs/ Prioritv Needs Overview There are several groups that are traditionally underserved in a community, these groups include the elderly, very low cost burdened renters (those paying more than 30% of their income towards rent, and who earn less than 30% of the median income), and mentally ill and/or handicapped. The housing requirements for persons with mental illness are extensive and varied. In order to meet their needs, there must be a range of options from independent (and affordable) rental housing to home ownership options, including supervised congregate living in foster homes to larger facilities. Affordable housing for the elderly is an emerging issue, as "aging in place" or "communities for a lifetime" evolve. The need to "age in place" hinges on two issues, the first being affordability and the second on modifications/accessibility. Often seniors are unable to keep Lip with the demands of a single-family home and may need to consider downsizing or moving to an assisted living facility. A cursory search of the State of Florida's website for Elder Affairs indicate there are only a few Assisted Living Facilities (ALF) within Sebastian ranging in size from small facilities with 4-6 beds to larger size facilities. Sometimes elderly merely cannot tap into the equity in their homes and are unable to pay for necessary repairs and fall prey to predatory lending. The banking industry is responding by developing the "reverse mortgage" City of Sebastian Consolidated Plan August 15, 2019 0 16 of 105 loans, but the industry still has a long way to go. Often, an elderly person becomes trapped in their home, unable to have easy ingress/egress in the home due to their changing physical mobility. Lead Based Paint There is a possibility that homes built before 1978 utilized lead-based paint, and therefore, pose a potential problem. These homes can cause lead-based paint poisoning and children are particularly at risk. Even if homes have been repainted in prior years with latex paint, homes may still be at risk due to paint flaking or chipping. While any home built prior to 1979 is "at risk", the most incidents are found within homes built before 1970. There are less than 1,000 structures built before 1970. It is important to note that these unit counts only indicate the possibility of lead-based paint, not that there is actually lead based paint found in these units, The Health Department has indicated that annually there are very few cases of elevated blood levels, there are less than six cases a year. In each case, the levels have been from environmental exposure {the parent works in an occupation where they are exposed to lead} rather than through exposure to lead based paint. City of Sebastian Consolidated Plan August 15, 2019 10 17 of 105 II. HOUSING General Population Characteristics The City of Sebastian covers approximately 14 square miles and in 1924 the City incorporated as the City of Sebastian. The earliest settlers of the area were the Native Americans who settled in various villages along the Indian River Lagoon. Escaped slaves from Georgia and Spanish colonial settlers, as well as survivors of the 1715 Spanish fleet that sunk off the coast also inhabited the area. However, the City itself traces its roots back to 1882 when Thomas New opened a Post Office in the area and called the area Newhaven. Just two years later it was renamed to Sebastian. And in 1978, the City enacted its own home rule Charter. The charter provided for the establishment of a full- time administrative head (City Manager) to carry out the policies of the elected Mayor 1 Council. The City is represented by five elected City Council persons, who select amongst themselves one of the elected persons to serve as Mayor. In 2010, the U.S. Bureau of the Census conducted its decennial Census. The Census provides the most current portrait of the City of Sebastian's housing, social and economic profile. In 2010, Sebastian had a population of 21,929 persons representing a 35% population increase since 2000 Census base line population of 16,181. According to the 2010 Census, the median age is 53.2 years old, up from 46.9 in 2000. The City's racial/ethnic portrait has not changed dramatically over the past 10 years. In 2000, African Americans comprised a mere 3% of the total population (486 persons). In 2010 African Americans comprised 5.5% of the total population (1,206 persons). The Hispanic population (which can be of any race) was 4% of the total population in 2000 and is 6.9% in 2010 Census. Unfortunately, because the statistical sampling sizes are small there is not any data available for race and ethnicity from the ACS estimates, or estimates by block group or census tracts. Table 2t Racial and Ethnic Characteristics of Population Race 2000 Pop Percentage 2010 Pop Percentage White 15,155 93.66% 20,152 91.9% Black of African American 515 3.18% 1,206 5.5% Asian 120 .74% 65 .3% Other 192 1.19% 131 .6% Multi -racial 199 1.23% 307 1.4% Hispanic (any race) 625 3.86% 1,513 6.9% Source: United States Bureau of the Census, STF 1, 2000/2010 Decennial Census Housing Characteristics from the Census Bureau The housing stock is comprised of a total of 9,170 housing units comprised primarily of owner -occupied housing units (80.2% or 7,325 units). Rental housing comprises L9.8% or 1,845 units, ,just slightly more than 10% homes that are indicated as being for seasonal or occasional use only. In most owner -occupied housing, the unit had been owned about fifteen years, which does not follow a national trend in homeownership where each structure is owned for 5-7 years, then sold for bigger (or small) housing. The housing stock is relatively new, with 42% of all units built in between 1990 and 2000; and additional 40% built during the 80s. Keeping in mind the intent of CDBG/ HUD program initiatives, the persons or neighborhoods with very low, low and moderate incomes served by the City's Consolidated Plan will be described in this section. General housing needs of the affected population are measured by assessing the number of low- and moderate -income families, City of Sebastian Consolidated Plan August 15, 2019 11 18 of 105 those who earn between 30% and 80% of the MFI annually. In addition, the households who live in substandard conditions, live in overcrowded units or pay more than 30% of their income for housing will be examined. Table 4 summarizes the household size and income categories of the very low, low- and moderate -income households and Table 5 on the following page summarizes the housing burden of households in the City, household type, income and tenure. A low income or a moderate- income household is defined as a household having an income between 30% and 80% of the Median Family Income, adjusted for family size. The Median Family Income for Indian River County is $65,000. TABLE 3: VERY LOW, LOW AND MODERATE HOUSEHOLD INCOME LIMITS HH Size Very- Low/30%AMI Low/50%AMI Moderate180%AMI 1 person 13,650 22,750 36,400 2 persons 16,910 26,000 41,600 3 persons 21,330 29,250 46,800 4 persons 25,750 32,500 52,000 5 persons 30,170 35,100 56,200 6 persons 34,590 37,700 60,350 7 persons 39,010 40,300 64,500 8 persons 42,900 42,900 68,650 Source: For the 2010 SebastionlVero Beach MSA, USHUD 2019 Income Limits Coinnrehensive Housing Affordability Strategv (CHAS data) Housing is considered to be affordable, when not more than 30% of the gross income goes toward housing expenses. The Comprehensive Housing Affordability Strategy (CHAS) census tabulations prepared by HUD offer insight into how many households experience housing problems, including being rent/mortgage burdened_ The HUD special census tabulations for Sebastian can be found in the next table. HUD adds this note: Users of these data should be aware that the Census Bureau uses a special rounding scheme on special tabulation data_ As a result, users should expect a small discrepancy between the data reported here and data reported from Summary File 3 (SF3) such as total renter households. The CHAS tables were created from several different sources, creating some discrepancies in data between them and the Census Files. While housing is considered affordable when housing expenses are not more than 30% of the gross income. Households are considered "cost burdened" when housing expenses exceed 30% of the gross income. In examining all households, 815 households that are renters are cost burdened and 1,935 households that are owner occupied are cost burdened. Table S: Cost Burdened Households Income >30% HH Income >50% HH Income # Cost Burdened #Cost Burdened VLI (30% AMI) 525 380 LI (50% AMI) 655 395 MI (80% AMI) 1,035 210 Source: CIMS Data, 2011-2015, City of Sebastian City of Sebastian Consolidated Plan August 15, 2019 12 19 of 105 The City of Sebastian households comprise 9,170 units, with 1,955 owner occupied reporting "housing problems" and 825 of renter occupied households report some type of "housing problem". A "housing problem" may entail being cost burdened and/or having a substandard unit (see below). The factor of "cost burden" can lead to other trends in housing like foreclosure, deteriorating structures and overcrowding. An interesting note is that the Shimber¢ Center of the University of Florida indicates that the majority of the cost burdened households are 65+ years of age. The 2011-2015 CHAS for the City of Sebastian examined four indicators of housing problems, substandard, overcrowding or cost burdened: lack of complete plumbing, lack of complete kitchen facilities more than one person per room or cost burden over 30%. Of 9,170 total households, 2780 have one of four housing problems. Housing Homeowners Renters Total Problems Households 1 of 4 1,955 825 2,780 Housing problems The Shimberg Institute of the University of Florida indicates that 1% (85 units) is overcrowded, meaning that they housed more than one person per room. Other Housine Needs Affordable housing for the elderly is an on-going need in the City. Current and future housing initiatives for this "special needs" category will be to diversify and expand supportive housing services that increase "in-place residency" of the elderly. Whine the 65+ population of Sebastian comprises 31.6% of the total population, it is estimated that within the next decade the elderly population will increase. There are seven affordable senior housing facilities located in the City of Sebastian with a capacity to serve 1,040 persons. These are facilities that vary in definition from an assisted living facility, but offer congregate, affordable housing for seniors. Table 6: Inventory of Federally, State and Locally Assisted Rental Housing within Sebastian Grace's Landing 70 units (Elderly) Pelican Isles 150 units (Family) Sandy Pines 45 units (Family) Source: Florida Housing Data Clearinghouse, 2010 Note: By The River is a federally and state funded elderly housing program providing an additional 41 units adlacent to the City municipal limits. The Sebastian 2010 Census for disability characteristics indicates that <65 age group 2,916 (roughly 13.3%) persons have a disability. This percentage translates into a need for various housing and supportive services for persons with disabilities, both employed and unemployed, including para -transit options. Also, 32% of the population is 65+ according to the 2013-2017 ACS, and 2,610 of the 21,929 in the Census 2010 were veterans. A significant portion of special needs will include 65+ and veterans, as well as other disabilities. Housing Needs Overview According to the 2010 Census data of the 9,170 occupied housing units, 80.2% are owner occupied and the rest are renter -occupied. The home ownership rate is significantly higher than the national homeownership rate of 67.3%. The relatively high homeownership rate could be reflective of affordability. The median home value for a single-family home in Sebastian was $157,200 (based upon 2013-2017 census quick facts data), lower than the statewide value of $178,700. City of Sebastian Consolidated Plan August 15, 2019 13 20 of 105 Also, as home prices have remained low, so have rental rates. A review of the fair market rental rates for the 2010 Sebastian 1 Vero Beach MSA indicates that the average one -bedroom unit monthly rent is ($757.00) and two-bedroom unit monthly rent is ($966.00). However, for anyone eaming the minimum wage ($8.46 per hour) they would have to work roughly 100 hours per week to meet the "affordability" criteria of housing expenses being less than 30% of their gross income. Specific Housing Obiectives Affordable Housing is defined as housing for which the occupant pays no more than 30% of the resident's gross income, including utility costs. The affordability question frequently reaches severe proportions for those households whose incomes are in the very low and low range. The experience has been that low- and moderate- income households "solve" the affordability problem by sharing their housing with another family or individual(s). This "solution" while helping to pay the rent or mortgage, actually creates a different set of problems. Overcrowding is a condition that creates sub -standard living and can deteriorate neighborhoods and it's estimated that one of out every four housing units is overcrowded (Shimberg Institute). The City's goal is to ensure decent and affordable housing, available to everyone, both the issues of affordability and overcrowding are situations that require coordinated and lona-term solutions. It is important to note that the City has vacant land for new housing development, but there should also be emphasis on maintaining the existing housing stock, especially units that are in relatively good condition, but aging. The City has reviewed the CHAS information on housing needs and housing affordability; and through the consultations and citizen participation workshops, Staff has determined the following priorities to meet these objectives: • Promote affordable housing for seniors, veterans and the disabled • Promote single family homeownership opportunities and preservation of existing affordable single-family units to eliminate undesirable housing conditions. Continue to partner with Indian River County to make SHIP and other State Housing programs available to the community_ • Promote housing choice in Sebastian to provide a range of housing styles (single family, patio homes, townhomes, etc_)_ The Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan makes the following recommendations, some of which are based upon the City's Comununity Redevelopment Plan, that would further enhance affordable housing efforts: • Encourage "Jobs/Housing" balance • Encourage transit -oriented development close to public transportation, employment centers and shopping • Utilize funding from tax incremental CRA funds that complement existing grant programs. • Encourage a range of housing choices Priority 1: Promote affordable housine onnortunities for senior citizens, the disabled and veterans. Many senior citizens own their own home but live within a limited income have a difficult time undertaking mid - priced home repairs. When, for safety or health reasons those repairs are crucial, it presents an even larger dilemma for low income families. In some cases, they are unable to qualify for home equity loans due to their limited income. Some seniors and veterans may be looking to "downsize" into a smaller home or a rental property. Priority 2: Promote single-family homeownershin oonort unities and oreservation of existing affordable single- family units to eliminate undesirable housing conditions. Continue to partner with Indian River County to make SHIP and other State Housine nroarams available to the community. City of Sebastian Consolidated Plan August 15, 2019 14 21 of 105 Encourage greater regional cooperation, not.just between the city of Sebastian and Indian River County, but also cooperation with other municipalities. Priority 3: Promote housing. choice in Sebastian to provide a rave_ e of housing_ styles fsinble family. natio homes, toxvnhomes. etc.). The City staff should continue to support housing projects that offer a variety of housing styles and continue to explore annexation as a means to develop multi -family housing. Reduce regulatory barriers to affordable housing. Needs of Public Housing & Public Housing Strategy The service provider for public and rental subsidy housing for the City of Sebastian is the Indian River Public Housing Authority. This agency provides 345 public Section 8 "Housing Choice" Vouchers county -wide, 59 vouchers are used with the City of Sebastian municipal limits_ Additionally, this agency has 200 units available within the County for the provision of affordable housing. Barriers to Affordable Housing In 2006, Indian River County undertook a study entitled "An Assessment of Housing Need and Strategies" Through that study and the The Shimberg Center data the following are identified: Regulatory barriers including zoning regulations and impact fees Need for additional affordable housing units Strategies to remove these regulatory barriers include changing regulations to allocate density bonuses for developments that will build affordable units. Also, local municipalities may choose to refund impact fees and other fees like building permit fees. The Shimberg Center projects that over the next five, ten, fifteen years the need for housing, while affordable in Sebastian will continue to grow. Table 7 examines projects of need based upon households paying 50% or more of their income for housing costs. Table 7: Affordable Housing Need Proiected 2008 2010 2015 2020 2025 2030 Sebastian Owner 669 691 803 934 1070 1208 (Sebastian Renter 235 241 271 303 334 364 ,5ource: Florida Housing Data Clearinghouse, 2010 Homeless Needs/Continuum of Care and StrateLyie Plan The Treasure Coast Homeless Services Council Inc. is a 501c (3) non-profit strategic planning Council for Indian River, St_ Lucie and Martin Counties which addresses the needs of homeless individuals and families and works to prevent homelessness on the Treasure Coast. The Council maintains a legally constituted Continuum of Care. It works collaboratively with at least SO other agencies and programs on the Treasure Coast to plan for and seek funding for services to prevent and alleviate homelessness. The Council attempts to secure state and federal funding and other resources for health and human service agencies in the county who provide services to homeless and indigent individuals and families. The Council operates a Homeless Resource Center which provides direct financial assistance, case management, housing assistance and information and referral services to homeless and indigent individuals and families in Indian River, Martin and St_ Lucie Counties. City of Sebastian Consolidated Plan August 15, 2019 15 22 of 105 III. COMMUNITY DEVELOPMENT Non -Housing Related Communitv Needs The Community Development (Non -Housing Related) element of the Consolidated Plan identifies strategies, priority needs and objectives for community needs that will be funded by CDBG, HOME and other sources. Through the consultations and workshops, Staff has determined the following priorities for each area of the CDBG program: Public Facilities: High priorities for commtu�ity/senior centers renovation, sidewalks, crosswalks and trails construction and renovation, all-inclusive playgrounds, acquisition in support of public facilities and crime prevention through environmental design (OPTED). The City has typically utilized recreational impact fees and state grants for funding for improving and renovating park facilities, however, with the CDBG program, more opportunities arise. Residents have responded to this program of improvements to neighborhood facilities favorably, as reflected in their heavy use. The City intends to target improving at least one public facility every other year, either offering physical rehabilitation to aging structures, ADA renovations to better accommodate residents with disabilities, by funding additional programming, or by creating new recreational or community facilities. In the next five years, the City will achieve this goal with the renovation or addition of 3 facilities_ Infrastructure Improvements: High priority has been placed on infrastructure improvements that include flood/storm water runoff drainage improvements, street improvements, US 1 Gateway_ /Parking Improvements and acquisition in support of infrastructure. As a maturing community, the infrastructure in Sebastian shows some signs of aging_ Basic amenities like ditch and swale drainage need to be maintained and improved on a regular basis. Smooth roadways, swales, sidewalks and drainage systems are deficient in some neighborhoods. In response to community priorities, the City will address these expensive renovations as feasibility and funding arise. Over the next five years, the City will have completed two projects that improve the infrastructure in low to moderate income target areas. This strategy will also augment grant funds with tax incremental funding (TIF) raised through the Community Redevelopment Area (CRA) designation. Accessibility: Staff has designated meeting Americans with Disabilities Act (ADA) standards at public facilities a high priority for CDBG funding. In the past year, parking space requirements have changed. Staff will be reviewing parking spaces at community facilities to determine if changes are needed. As ongoing renovations to public facilities are planned and designed ensuring compliance with the ADA act. Over the next five years, staff will have review all City owned facilities and develop a listing of accessibility improvements to be made. Historic Preservation: Sebastian has two historic districts and few structures placed on the national register. However, there is low priority placed on this activity for funding with CDBG dollars, and no measureable outcomes. However, the City may wish to utilize CDBG funding in preservation activities. CDBG funding could be utilized for planning purposes including developing historic district boundaries and the application for the designation, or by developing housing rehabilitation grants that give preference to the preservation of historically significant housing_ City of Sebastian Consolidated Plan August 15, 2019 FT 23 of 105 Economic Development: High priority has been placed on economic development and redevelopment of the City's commercial and industrial areas. Reflective of the current economy, businesses are vital to the corrununity and its economic wellbeing. When businesses are not functioning at their fullest potential, the entire community feels the impact. The City offers many services to businesses looking to relocate to Sebastian, or those already located within Sebastian and wish to expand. The City's Economic Development staff may assist by providing demographics, statistics and market data about the City. The City's ED staff also supply information on available land, buildings, and economic incentives. Economic Development efforts wit] be enhanced by the Community Redevelopment Area (CRA) designation and the CRA plan to revitalize commercial areas. The CRA will also provide funding for commercial facade grants to local businesses for facade improvements, signage and landscaping. The City also supports its business owners on a secondary level, by improvements to the streetscape including roads and parking facilities. Possible future performance measurements may include coordinating with workforce development agencies for job training opportunities_ Code Enforcement: This has a medium priority, and strongly correlates with other objectives. The enforcement of minimuin housing standards and in cor{jtmction with housing rehabilitation programs is an important standard. However, the City will not be utilizing CDBG funds for Code Enforcement personnel, so there are no measurable outcomes_ Planning: Continuing support for the planning and administration of CDBG funds is a priority. Adherence to federal rules and regulations and qualified, capable staff to ensure that the CDBG program achieves the objectives is a high priority_ The City intends to achieve this goal through timeliness of expenditures, accurate annual reports_ and measurement of outcomes. Anti!)OVMv Strateav An anti -poverty strategy is designed to maintain affordable housing, create jobs, and stimulate the economic environment for the benefit and enhancement of the entire city. An essential component of an anti -poverty strategy is the successful coordination of social systems that acknowledges an individual's economic status (health, education, employment, job training, minority assistance, etc.). According to the 2010 U.S. Census of Population and Housing for Sebastian, there are 2,763 (12.6%) individuals classified within the poverty definition_ Those at greatest risk for falling below the poverty threshold are those who earn 50% of less of the MFI, unemployment or a serious illness could propel those households into the poverty level. The 2006-2010 ACS survey indicates 3,720 persons were in a low-income household (50% AMI). Various Federal and State grants are aiding in the development of housing programs within the County_ Those Programs include_ • Single Family Rehabilitation Programs • County SHIP • Indian River County Public Housing Agency • The Treasure Coast Homeless Council The anti -poverty strategy will coordinate agencies to maximize employment training activities and transportation to employment sites through its public service funds, develop and expand affordable housing, ensure fair housing efforts, and create outreach programs to respond to individuals and families. City of Sebastian Consolidated Plan August 15, 2019 17 24 of 105 Low Income Housing Tax Credit To the greatest extent possible, the City of Sebastian will assist the State whenever they analyze the feasibility of the Low-income Housing Tax Credit (LIHTC) process for the development of new housing, within the boundaries of Sebastian that is affordable to low- and moderate -income families. Conclusion These strategies, when combined with the housing strategies from Section 1I, come together to complete the Consolidated Plan and identify programs for effective, coordinated neighborhood and community development strategies that create a specific course of action for local revitalization. These strategies work to provide a suitable living environment, to provide decent housing and to expand economic opportunities for very low, low - and moderate -income persons. The Consolidated Plan outlines tlfe framework for which the grant funding can provide programs and outcomes. It is through the setting of annual goals each year in the One Year Action Plan, and monitoring those results at the end of the year in the Consolidated Annual Performance and Evaluation Report (CAPER) that the City can be evaluated each year to determine if the funding is achieving the national objectives: To provide a suitable living environment This includes improving the safety and livability of neighborhoods; increasing access to quality facilities and services, reducing the isolation of income groups within areas by de -concentrating housing opportunities and revitalizing deteriorating neighborhoods; restoring and preserving natural and physical features of special value for historical, architectural or aesthetic reasons; and conserving energy resources. To provide decent housing Included within this broad goal are the following: assist homeless persons in obtaining affordable housing; retain the affordable housing stock; increase the availability of permanent housing that is affordable to low and moderate income residents without discrimination; and increase supportive housing the includes structural features and services to enable persons with special needs to live in dimity. To expand economic opportunities Within this goal are creating jobs accessible to low and very low-income persons; providing access to credit for community development that promotes long tenn economic and social viability; and empowering low- income persons in federally assisted or public housing to achieve self-sufficiency. It is the City's intent that the Consolidated Plan becomes an integral part of the mission of the City. City of Sebastian Consolidated Plan August 15, 2019 25 of 105 APPENDICES CHAS Tables Section 3 Plan HUD Non -State Certifications City of Sebastian Consolidated Plan August 15, 2019 19 26 of 105 Comprehensive Housing Affordability Strategy ("CHAS') data Summary Level: City Created on: July 10, 2019 Data for: Sebastian city, Florida Year Selected: 2011-2015 ACS Income Distribution Overview Household Income tess-than or= 30% HAMFI Household Income >30% to less -than or- 50% HAMFI Household Income >50°% to less -than or- 80°% HAMFI Household Income >80°%to less -than or -100% HAMFI Household Income >100°% HAMFI Total Housing Problems Overview 1 Household has at least 1 of 4 Housing Problems Household has none of 4 Housing Problems Cost burden not available, no other problems Tota I Severe Housing Problems Overview 2 Household has at least 1 of 4 Severe Housing Problems Household has none of 4 Severe Housing Problems Cost burden not available, no other problems (Total Housing Cost Burden Overview 3 Cost Burden less -than or- 30% Cost Burden >30°% to less -than or= 50°% (Cost Burden >50°% Cost Burden not available Total Income by Housing Problems (Owners and Renters) Household Income less -than or= 30°% HAMFI City of Sebastian Consolidated Plan August 15, 2019 Owner Renter Total 420 265 685 940 210 1,150 1,635 460 2,095 685 205 890 3,645 705 4,350 7,325 1,845 9,170 Owner Renter Total 1,955 825 2,780 5,320 1,015 - 6,335 50 10 60 7,325 1,845 9,170 Owner Renter Total 690 395 1,085 6,580 1,440 8,020 50 10 60 7,325 1,845 9,170 Owner Renter Total 5,340 1,025 6,365 1,315 430 1,745 620 385 1,005 50 10 60 7,325 1,845 9,170 Household Household has Cost Burden not has at least 1 Total none of available, of 4 Housing 4 Housing no other housing Problems Problems problem 525 100 60 6851 r/3 20 27 of 105 Household Income >30% to less -than or- 50°% 655 495 1,150 HAMFI Household Income >50°%to less -than or= 80°% 1,035 1,060 2,095 HAMFI Household Income >80% to less -than or= 100°% 165 725 8901 HAMFI Household Income >100% HAMFI 395 3,960 4,3501 Total 2,780 6,335 60 9,1701 Household Household has Cost Burden not Income by Housing Problems (Renters only) has at least 1 Tota! none of available, of 4 Housing 4 Housing no other housing Problems Problems problem Household Income less -then or= 30% HAMFI 200 55 10 2651 Household Income >30°%to less -than or= 50% 195 15 210 HAMFI Household Income >50°% to less -than or- 80% 290 170 460 HAMFI Household Income >80°%to less -than or 100°% 75 130 205 HAMFI Household Income 7100°% HAMFI 60 645 7051 Total 825 1,015 10 1,8451 Household Household has Cost Burden not Income by Housing Problems (Owners only) has at least 1 Total none of available, of 4 Housing 4 Housing no other housing Problems Problems problem Household Income less -than or= 30°% HAMFI I 325 45 50 420 Household Income >30°% to less -than or- 50% 460 480 940 HAMFI Household income >50°%to less -than or- 80% 745 890 1,635 HAMFI Household Income >80% to less -than or- 100°% 90 595 685 HAMFI Household Income >100°% HAMFI 335 3,315 3,6451 Total 1,955 5,320 50 7,325 Cost burden Cost burden >> Income by Cost Burden (owners and Renters) Total 30°% 50°% Household Income less -than or 30°% HAMFI 525 380 685 Household Income 730°% to less -than or= 50% 655 395 1,150 HAMFI Household Income >50°% to less -than or- 80°k 1,035 210 2,495 HAMFI City of Sebastian Consolidated Plan 21 August 15, 2019 28 of 105 Household Income >80% to less -than or= 100% 165 15 890 HAM FI Household Income >100% HAMFI 365 4.350 Total 2,745 1,000 9,170 Cost burden Cost burden > Income by Cost Burden (Renters only) Total > 30% 50°% Household Income less -than or= 30% HAMFI 205 195 265 Household Income >30% to less -than or= 500% 195 140 210 HAMFI Household Income >50°% to less -than or= 80% 290 50 460 HAMFI Household income >80°% to less -than or= 100% 75 205 HAMFI Household Income >100% HAMFI 50 705 Total 815 385 1,845 Cost burden Cost burden > Income by Cost Burden (Owners only) Total > 30% 50% Household Income less -than or= 30% HAMFI 325 190 420 Household Income >301/a to less -than or— 50% 460 255 940 HAMFI Household Income >50% to less -than or= 80% 745 160 1.635 HAMFI Household Income >80% to less -than or= 100% 90 15 685 HAMFI Household Income >100% HAMFI 315 3,645 Total 1,935 620 7,325 I. The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30%, 2. The four severe housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 50°%. 3. Cost burden is the ratio of housing costs to household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is "select monthly owner costs", which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. 3/3 City of Sebastian Consolidated Plan August 15, 2019 22 29 of 105 City of Sebastian Section 3 Plan City of Sebastian Consolidated Plan August 15, 2019 23 30 of 105 Section 3 Certifications and Compliance Agreement Requirements for Compliance with Requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) Part 135- Economic Opportunities for Low - and Very Low -Income Persons. Purpose: The purpose of Section 3 of the Housing and Urban Development of 1968 (12 U.S.C. 1701u) (Section 3) is to ensure that employment and other economic and business opportunities generated by HUD Financial Assistance shall be directed to Community Development Block Grant (CDBG) Target Area residents, residents of Low/mod income census tracts and block groups and other low -and very low-income persons, particularly those who are recipients of CDBG assistance and to business concerns which provide economic opportunities to CDBG Target Residents and other low -and very low-income persons. General Policy Statement: It is the declared policy of the City of Sebastian (CITY) that Equal Employment Opportunities shall be provided for every employee and applicant for employment regardless of race, color, religion, sex, national origin, handicap, or economic status; and, that through the award of contracts to contractors, vendors, and suppliers, that employment and business opportunities be created for residents of CDBG Target Areas, residents of low/mod income census tracts and block groups and other qualified low -and very low- income persons residing within the geographical boundaries of the City of Sebastian, Florida. This policy does not end with the mere prohibition of discriminatory practices by programs receiving HUD financial assistance or contractors, subcontractors, and vendors contracting with the Division. The City of Sebastian recognizes its obligation as well as the obligation of potential contractors, subcontractors, and vendors, to develop practical steps to achieve the goal of providing meaningful, full-time permanent employment opportunities, as well as business opportunities to CDBG Target Area residents and other Section 3 eligible persons. Such obligation shall be demonstrated not merely through inclusion of positive or "best effort" steps, but shall result in a reasonable level of success in the recruitment. emplovment. and utilization of CDBG Target Area Residents, residents of low/mod income census tracts and block groups and other Section 3 eligible persons and businesses in the workforce and subcontracting of work resulting out of the expenditure of HUD funding. Numerical Goals for Section 3 Compliance: Consistent with 24 CFR 85.36 (c)(2), Section 3 is a federal statute that expressly encourages, to the maximum extent feasible, a geographic preference in the evaluation of bids or proposals. To that end, the CITY has adopted the following numerical goals for meeting the greatest extent feasible requirement to provide economic opportunities to Section 3 Residents and Section 3 Business Concerns in the procurement and awarding of modernization -funded construction and professional service contracts: Numerical Goals for Section 3 Compliance Areas of Focus (Applies to all contracts) Numerical Goal Contractor and Sub -contractor Hiring (full-time, part-time, temporary, seasonal) 10% applies to construction and professional service contracts. Contract Awards (applies to construction contracts) 10% ALL Other Contract Awards (i.c_, services, supplies, professional services) 10% City of Sebastian Consolidated Plan August 15, 2099 24 31 of 105 Recipients and Contractors may demonstrate compliance with the "greatest extent feasible" requirement of Section 3 by meeting the numerical goals set forth in this Section 3 Program for providing training, employment, and contracting opportunities to Section 3 Residents and Section Business Concerns_ Efforts to employ Section 3 Residents to the greatest extent feasible should be made at all iob levels. The CITY, in its own operations, shall endeavor to achieve the goals of Section 3 and shall provide equal responsibility to its contractors, vendors, and suppliers to implement progressive efforts to also attain compliance. In doing so, the CITY shall evaluate contractors' compliance towards achieving the goals of Section 3 and ensure a system of leveling sanctions against contractor, vendor, or supplier for non-compliance and endeavor to take appropriate steps to ensure any such concern is not permitted to participate in future CITY procurement activities. The numerical goals established above represent minimum numerical targets and all prospective contractors shall be advised and encouraged to seek Section 3 participation to the greatest extent feasible. Any contractor that meets the minimum numerical goals set forth above will be considered to have complied with the Section 3 requirements. Any contractor that does not meet the numerical goals set forth above has the burden of demonstrating why it was not feasible to meet the numerical goals. In the event no competing contractors were successful in meeting the minimum goals set forth above, the CITY shall consider documentation provided by the contractor evidencing impediments encountered despite actions taken to comply with the Section 3 Requirements. Such evidence shall be subject to the satisfaction of the CITY any contractor found to be in non-compliance with Section 3 shall be considered ineligible forward. All contractors submitting bids/proposals to the CITY shall be required to complete certifications, as appropriate, as acknowledgment of the Section 3 contracting and employment provisions as required by this Section. Such certifications shall be supported with adequate evidence to support representations made. The certifications required to be submitted with the bid/proposal consist of the following: • Certification for business concerns seeking Section 3 preference. • Contractor certification of efforts to fully comply with employment and training provisions of Section 3. Prior to the award of any contract the contractor shall enter into negotiations with the CITY for the purpose of incorporating into the contract a provision for a specific number of CDBG Target Area residents or other Section 3 residents to be trained or employed on the contract. Such resulting provision shall obligate the contractor toward achieving not less than the numerical goals listed above and shall be based on a detailed workforce analysis to be complied by the contractor and submitted to the CITY prior to award of contact. Definitions: Applicant means any entity which makes an application for Section 3 covered assistance, and includes, but is not limited to, the State, unit of local government, public housing agency, Native American tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization (CHDO), resident management corporation, resident council, or cooperative association. Contractor means any entity which contracts to perform work generated by the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project. City of Sebastian Consolidated Plan August 15, 2019 25 32 of 105 Department or HUD means the Department of Housing and Urban Development, including its Field Offices to which authority has been delegated to perform functions under this part. Employment opportunities generated by Section 3 covered assistance means all employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assistance, as described in 1353(a)(1). Housing Development means low-income housing owned, developed, or operated by public housing agencies or Indian housing authorities in accordance with HUD's public and Indian housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild programs means programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S-C. 12699), and provide disadvantaged youth with opportunities of employment, education, leadership development, and training in the constriction or rehabilitation of housing for homeless individuals and members of low -and very low-income families. JTPA means the Job Training Partnership Act (29 U.S.C. 1579(a)). Metropolitan area means full-time employee for permanent, temporary or seasonal employment opportunities. New hires means full-time employees for permanent, temporary or seasonal employment opportunities. Other HUD programs means HUD programs, other than HUD public and Indian housing programs, that provide housing and community development assistance for "Section 3 covered projects," as defined in this Section. Public housing resident has the meaning given this term in 24 CFR part 963. Recipient zncans any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State, unit of local government, PHA, THA, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C_ 1701u)_ Section 3 business concern means a business concern, as defined in this Section: (1) That is 51 percent or more owned by Section 3 residents; or (2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the data of first employment with the business concern were Section 3 residents; or (3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of "Section 3 business concern." City of Sebastian Consolidated Plan August 95, 2099 26 33 of 105 Section 3 covered activity means any activity which is funded by Section 3 covered assistance and Indian housing assistance. Section 3 covered assistance means: (1) Public and Indian housing development assistance provided pursuant to Section 5 of the 1937 Act; (2) Public and Indian housing operating assistance provided pursuant to Section 9 of the 1937 Act; (3) Public and Indian housing modernization assistance provided pursuant to Section 14 of the 1937 Act. Section 3 covered contract means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with a Section 3 covered project. Section 3 covered project means the construction, reconstruction, conversion, rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance. Section 3 resident means: (1) A CDBG Target Area resident, residents of low/mod income census tracts/block groups, or An individual who resides in the metropolitan area or non -metropolitan County in which the Section 3 covered assistance is expended, and who is: (i) A low- income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b)(2). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80% of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low- income families; or (ii) A very low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2). Section 3(b)(2) of the 1937 Act (42 U.S.C_ 1437a(b)(2) defines this term to mean families (including single persons) whose incomes do not exceed 50% of the median family income for the area, as determined by the Secretary with adjustments made for smaller or larger families, except that the Secretary may establish income ceilings higher or lower than 50% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. A person seeking the training and employment preference provided by Section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. City of Sebastian Consolidated Plan August 15, 2019 27 34 of 105 Service area means the geographical area in which the persons benefiting from the Section 3 covered project reside. Subcontractor means any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of Section covered assistance, or arising in connection with a Section 3 covered project. Section 3 joint venture means an association of business concerns, one of which qualifies as a Section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit: (1 } Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture, and Performs at least 25% of the work and is contractually entitled to compensation proportionate to its work_ Preference for Section 3 Business Concerns (Contracting). The CITY in accordance with Section 3 of the Housing and Urban Development Act of 1968, requires contractors and sub -contractors (including professional service contracts) to direct their efforts towards awarding contracts to Section 3 business concerns in the following order of priority and expend greatest extent feasible efforts to achieve, at minimum, the numerical goals established in this Section: • V Priority - Category 1 Section 3 Businesses Business concerns that are 51% or more owned by residents of the housing development(s) for which work is performed, or whose full-time, permanent workforce includes 30% of these persons as employees. • 2nd Priority - Category 2 Section 3 Businesses Business concerns that are 51% or more owned by residents of a Public Housing developments other than the development(s) where the work is performed or whose full-time permanent workforce includes 30% of these persons (s) employees. • 3`d Priority - Category 3 Section 3 Businesses Business concerns that are designated HUD Youth build programs being carried out Indian River County • 4`e Priority - Category 4 Section 3 Residents Other Section 3 Residents. Certification Procedure. The CITY has its own program of self- certification for individuals and business concerns seeking recognition as a Section 3 resident or Section 3 business concern as defined in this Section 3 Program. The CITY is charged with administering the Section 3 certification program. Any individual or business concern seeking Section 3 preferences in the award' . of contracts or purchase agreements shall complete appropriate certification forms and provide adequate documentation as evidence of eligibility for preference under the Section 3 program_ An individual or business concern may apply for certification as a Section 3 resident or Section 3 business concern either prior to bidding for CITY work or during the actual bidding process. Any business concern that submits certification for preference after receipt of bid will not be City of Sebastian Consolidated Plan August 15, 2099 28 35 of 105 considered eligible for Section 3 preference in the evaluation of that specific bid award. Certifications for Section 3 preference for business concerns must be received by the CITY prior to the submission of bids or along with the bid. Certifications for eligibility as a Section 3 resident may be made at any time. Individuals or business concerns seeking to file for Section 3 preference shall contact: • A resident seeking preference in training and employment shall certify that he/she is a Section 3 resident by completing the appropriate certification form and attaching adequate proof of Section 3 eligibility. • A business concern seeking preference in the awarding of a contract or purchase shall certify that the business concern is a Section 3 business by completing the appropriate certification form and attaching adequate proof of Section 3 eligibility as required. Protest Procedure. The CITY desires to offer to concerned parties a procedure whereby complaints alleging non-compliance with the Section 3 Statute can receive prompt and equitable hearing and resolution. Protests surrounding the CITY Section 3 program may be submitted in writing to the person hereby designated as the City's grant coordinator: All complaints of non-compliance with the Section 3 Statue shall conform with the following requirements: • Complaints shall be filed in writing and shall contain the name, address, and phone number of the person filing the complaint, and a brief description of the alleged violation of the regulations. + Complaints shall be filed within thirty (30) calendar days after the complainant becomes aware of the alleged violation. + An investigation as may be appropriate, will follow the filing of a complaint_ The investigation will be conducted by the CITY'S Section 3 .Coordinator. These rules contemplate informal, but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit testimony and/or evidence as may be available and relevant to the complaint. Written documentation as to the validity of the complaint and a description of the findings or ZP resolution, if any, will be issued by the Section 3 Coordinator no later than thirty (30) days after the filing of a complaint. In cases where concerned parties wish to have its complaint considered outside of the Authority, a complaint may be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, D.C., 20410. A complaint must be received not later than 180 days from the date of the action or omission upon which the complaints based, unless the time for filling is extended by the Assistant Secretary for good cause shown. Monitoring. The CITY will monitor sub -recipients for compliance with Section 3 at the same time programmatic and fiscal monitoring activities take place. City of Sebastian Consolidated Plan August 15, 2019 29 36 of 105 Contractor Certification of Efforts to Fully Comply witb Employment and Training Provisions of Section 3 The bidder represents and certifies as part of its bid/offer the following: ❑ Is a Section 3 Business concern and has submitted the required certification with the bid. A Section 3 Business concern means a business concent: 1. That is 51% or more owned by Section 3 Resident(s); or 2. Whose permanent, full-time employees include persons, at least 30% of whom are currently Section 3 residents, or within the last three years of the date of first employment with the business concern were Section 3 residents; or ❑ That provides evidence of a commitment to subcontract in excess of 25% of the dollar value of all subcontracts to be awarded to business concrete that meet the qualifications set forth in paragraphs 1 or 2 herein_ ❑ Is Not a Section 3 business concern but who has and will continue to seek compliance with Section 3 by certifying to the following efforts to be undertaken. Efforts to award subcontractor to Section 3 concerns (check all that apply) ❑ By contacting business assistance agencies, minority contractors associations and community organizations to inform them of the contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids for a portion of the work. 1:7 By advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to obtain additional information, in the common areas of the applicable development(s) owned and managed by the Housing Authority. ❑ By providing written notice to all known Section 3 business concerns of contracting opportunities. This notice should be in sufficient time to allow the Section 3 business concerns to respond to bid invitations. ❑ By following up with Section 3 business concerns that have expressed interest in the contracting opportunities. ❑ By coordinating meetings at which Section 3 business concerns could be informed of specific elements of the work for which subcontract bids are being sought. ❑ By conducting workshops on contracting procedures and specific contracting opportunities in a timely manner so that Section 3 business concerns can take advantage of contracting opportunities. ❑ By advising Section 3 business concerns as to where they may seek assistance to overcome barriers such as inability to obtain bonding, lines of credit, financing, or insurance, and aiding Section 3 businesses in qualifying for such bonding, financing, insurance, etc. City of Sebastian Consolidated Plan 30 August 15, 2019 37 of 105 ❑ By developing and utilizing a list of eligible Section 3 business concerns. ❑ By actively supporting and undertaking joint ventures with Section 3 businesses. Efforts to provide training and employment to Section 3 residents ❑ By entering into a "first source" hiring agreements with organizations representing Section 3 residents. ❑ By establishing training programs, which are consistent with the requirements of the Department of Labor, specifically for Section 3 residents in the building trades. ❑ By advertising employment and training positions to dwelling units occupied by Category I and 2 residents. ❑ By contacting resident councils and other resident organizations in the affected housing development to request assistance in notifying residents of the training and employment positions to be filled. ❑ By arranging interviews and conducting interviews on the job site. ❑ By undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 residents previously hired for employment opportunities_ Name: Signature: Title: Bidder/offeror, if the Bidder/offeror is an Individual Partner, if the Bidder/offeror is Partnership Officer, if the Bidder/offeror is a Corporation Company Name: Date: NOTARY PUBLIC SEAL OF OFFICE Subscribed and sworn to before me This day of 120 My Commission expires 120—. City of Sebastian Consolidated Plan 31 August 15, 2019 38 of 105 ('ER TIFICA TIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdictiot? will affirmatively f?trther fair housing. Unijbrm Relocation Act and Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti -displacement and relocation assistance plan required under 24 CFR Part 42 in connection i,viih any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbving --To the best of the jurisdiction's knowledge and belief. - 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to anv person for influencing or attempting to influence an officer or employee of anv agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the ativarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperathpe agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated fan?ds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying, " in accordance with its instnrclions; and 3. It ivill require that the language of paragraph I and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifi, and disclose accordingly. Authorily oj'Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for tirhich it is seeking funding, in accordance with applicable HUD regulations. Consistency ivith plan --The housing aclivilies to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities.for Persons With AIDSfimds are consistent will? the strategic plan in the jurisdiction's consolidated plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 US -C. 1701st) and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date Title City of Sebastian Consolidated Plan August 15, 2019 32 39 of 105 Specific Community Development Block Grant Certifications The Entitlement Cominunih" certifies that: Citizen Participation -- It is in fitll compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary oblective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570. Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG fiands, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate - income families or aid in the prevention or elimination of shims or blight. The Action Plan may also include CDBG-assist(,,d activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or ivelfare of the communin), and other. financial resources are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG finds, including Section 108 guaranteed loans, during program year(s) [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit with persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted I'vith CDBG funds, including Section 108 loan guaranteed fiands, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG fiands are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG fiords) fnanced.fi-om other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBGfiinds. In addition, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG f tnds if the jurisdiction certifies that it lacks CDBG finds to cover the assessment. Excessive Force -- It has adopted and is enforcing: I. A policy prohibiting the use of excessive farce by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. City of Sebastian Consolidated Plan August 15, 2019 33 40 of 105 Compliance with Anti -discrimination la,vs -- The grant -will be conducted and administered in conformity with title T7 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint N ill comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws -- It will comply with applicable laws. Signature of Authorized Of tial Date Title City of Sebastian Consolidated Plan August 15, 2019 34 41 of 105 CFrY OF HOME OF PELICAN ISLAND ANNUAL ACTION PLAN 2019 Prepared by: Guardian CRM Inc City of Sebastian Annual Action Plan August 15, 2019 42 of 105 I. EXECUTIVE SUMMARY The City of Sebastian Community Development Department is pleased to present the First Year Annual Action Plan for 2019. This plan addresses programs for the Community Development Block Grant (CDBG) funding provided by the U.S. Department of Housing and Urban Development and identifies the first programmatic year specific objectives and outcomes. To provide a suitable living environment This includes improving the safety and livability of neighborhoods; increasing access to quality facilities and services; reducing the isolation of income groups within areas by de -concentrating housing opportunities and revitalizing deteriorating neighborhoods; restoring and preserving natural and physical features of special value for historical, architectural or aesthetic reasons; and conserving energy resources. To provide decent housing Included within this broad goal are the following: assist homeless persons in obtaining affordable housing; retain the affordable housing stock; increase the availability of permanent housing that is affordable to low and moderate income residents without discrimination; and increase supportive housing the includes structural features and services to enable persons with special needs to live in dignity. To expand economic opportunities Within this goal are creating jobs accessible to low and very low-income persons; providing access to credit for community development that promotes long term economic and social viability; and empowering low- income persons in federally assisted or public housing to achieve self sufficiency. I1. CITIZEN PARTICIPATION This plan was created through consultation with various agencies and public hearings open to the public for comment on the needs of low- to moderate -income persons in the City. The City has not received any written comments relative to the CDBG program, and if any are received, they will be documented in future Action Plans. III. RESOURCES The City is slated to receive an allocation for the CDBG program for FY2019 of $123,674. Table 1: Funding Sources Funding Source Amount Community Development Block Grant $123,674.00 Utilizing CDBG funds will help leverage other funds, including monies from the tax increment financing district (Community Redevelopment Area) and other dedicated revenue funds for capital improvements. City of Sebastian Annual Action Plan 2 August 15, 2019 43 of 105 IV. ANNUAL OBJECTIVES During the first year, the City wishes to keep the program simple to meet the national objective of benefiting low to moderate income persons through housing and eliminating blighted/deteriorated public facilities. The goals and objectives to be carried out during the action plan period are indicated by placing a check in the following boxes: ® Objective Category ® Objective Category: ❑ Objective Category: Decent Housing Suitable Living Expanded Economic Environment Opportunities Which includes: Which includes: Which includes: ❑ assisting homeless persons ❑ improving the safety and ❑ job creation and retention obtain affordable housing livability of neighborhoods ❑ assisting persons at risk of ❑ eliminating blighting ❑ becoming homeless influences and the deterioration of property and facilities // n 0 retaining the affordable housing stock increasing the availability of affordable permanent housing in standard condition to low-income and moderate -income families, particularly to members of disadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability increasing the supply of supportive housing which includes structural features and services to enable persons with special needs (including persons with HIV/ADOS) to live in dignity and independence providing affordable housing that is accessible to job opportunities ❑ increasing the access to quality public and private facilities ❑ reducing the isolation of income groups within areas through spatial deconcentration of housing opportunities for lower income persons and the revitalization of deteriorating neighborhoods ❑ restoring and preserving properties of special historic, architectural, or aesthetic value FEW X LE ❑ conserving energy resources ❑ and use of renewable energy sources establishment, stabilization and expansion of small business (including micro - businesses) the provision of public services concerned with employment the provision of jobs to low-income persons living in areas affected by those programs and activities under programs covered by the plan availability of mortgage financing for low income persons at reasonable rates using non-discriminatory lending practices access to capital and credit for development activities that promote the long-term economic social viability of the community City of Sebastian Annual Action Plan 3 August 15, 2019 44 of 105 Table 2: 2010 CDBG Activities Activity Amount Sidewalk Repair/Replacement ADA CRA $50,000.00 Home Repair Program for Veterans, Elderly and Disabled $50,000.00 Administration $23,674.00 The City of Sebastian's Community Development Department staffs are the lead agency for the development and implementation of the Consolidated Plan and the Annual Action Plan. The Staff, stakeholders, and the City Council itself have all worked in cooperation for the development of the plan. V. DESCRIPTION OF ACTIVITIES PROJECT 1— PUBLIC FACILITIES, LMI AREA (CENSUS TRACTS OF 51% LMI) Sidewalk Repair/Replacement (North Central Avenue) 1. Description: Engineering design and construction of an ADA sidewalk. Replaces a blighted, crumbling downtown sidewalk. 2. National Objective: Slum and Blight Area 3. Completion Date: September 30, 2020 4. Outcome Indicator: Replace blighted sidewalk with new ADA sidewalk within Sebastian's Community Redevelopment Area (CRA) 5. Outcome Statement: Eliminating blighting influences and the deterioration of property and facilities. Benefit to LMI Census Areas. PROJECT 2 — HOME REPAIR PROGRAM FOR VETERANS, ELDERLY AND THE DISABLED City Wide application for LMI Veterans, Elderly and the Disabled 1. Description: Provision of home rehabilitation work targeted for veterans. Home repairs may include rehabilitation to make the improvements for someone with disabilities. 2. Completion date: September 30, 2020 3. Service Area: City-wide 4. Outcome Indicator: Rehab Two LMI Households for Code, Safety and ADA needs 5. Outcome Statement: No major findings, and timely expenditure of funds. Benefit to two LMI households. VI. GEOGRAPHIC DISTRIBUTION/ALLOCATION PRIORITIES To further the objectives of the grant, it is necessary to identify the location of neighborhoods by Block Groups where the majority of households are very low, low- or moderate- income households. The Block Groups that have a population where the percent of low- income households is greater than 50% are illustrated on the map below and are listed as: • Block Group 3 of Census Tract 508.08 (55.92% LMI) • Block Group 2 of Census Tract 508.06 (54.75% LMI) • Block Group 1 of Census Tract 508.08 (60.26% LMI) • Block Group 1 of Census Tract 508.06 (54.22% LMI) • Block Group 2 of Census Tract 508.05 (50.51% LMI) City of Sebastian Annual Action Plan 4 August 15, 2019 45 of 105 Refer to the Consolidated Plan Chapter 1 for census tract maps The CRA district qualifies as meeting the national objective of eliminating slum and blighted area as so designated by the City under Chapter 163, Part III, Florida Statutes. Therefore, CDBG funded activities would be eligible under the National Objective for those that "address slums and blight on an area basis" at 24 CFR, 570,208 (b) of the federal Regulations. Most of the CRA area also falls within Census Tracts that are greater than 50% LMI. VII. ANNUAL AFFORDABLE HOUSING GOALS For the first year, the City has not established any goals relative to housing. Rather the City seeks to support the County's use SHIP and other state funded programs developed through Housing Trust Funds for the provision of affordable housing. VIII. PUBLIC HOUSING The City will participate in any Public Housing needs assessment process to address needs and planned activities. IX. HOMELESS AND SPECIAL NEEDS The City of Sebastian does not receive public or private funds to address homeless needs. However, the City will provide technical assistance and staff support to the Treasure Coast Homeless Services Council. X. BARRIERS TO AFFORDABLE HOUSING The City will continue to support Comprehensive Plan and Land Development Code changes that address housing needs identified: • Regulatory barriers including zoning regulations and impact fees • Need for additional affordable housing units Strategies to remove these regulatory barriers include changing regulations to allocate density bonuses for developments that will build affordable units. Also, local municipalities may choose to refund impact fees and other fees like building permit fees. The Shimberg Center projects that over the next five, ten, fifteen years the need for housing, while affordable in Sebastian will continue to grow. The projected needs based upon households paying 50% or more of their income for housing costs. Refer to the Consolidated Plan Chapter 2 for Shimberg Center the projected affordable housing need. XI. OTHER ACTIONS Antipoverty strateEv The City will coordinate with various agencies whenever possible for activities like employment outreach and training to respond to individuals and families. Lead Based Paint The City will continue to coordinate with the State Department of Health whenever to ensure that structures in the housing program (as applicable) with lead based painted are properly remediated. City of Sebastian Annual Action Plan 5 August 15, 2019 46 of 105 XII. CDBG PROGRAM SPECIFIC REQUIREMENTS Of primary note, the City does not expect to generate or receive any program income from CDBG funded projects. There is not any program income received in a preceding year program. The City does not have a Section 108 loan. Surplus funds are not applicable in this annual action plan. There are no CDBG grant funds unexpended from a prior year. There is not income from float -funded activities. None of the projects listed in this action plan are categorized as "Urgent Need" per the HUD regulations. The City will ensure that over a three-year period, 70% of CDBG funds are utilized for activities that benefit low - and moderate- income persons. City of Sebastian Annual Action Plan 6 August 15, 2019 47 of 105 RESOLUTION NO. R-19-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019-2024 FIVE YEAR CONSOLIDATED PLAN, 2019 ANNUAL ACTION PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has prepared the 2019-2024 five year Consolidated Plan and 2019/2020 Annual Action Pian pursuant to all requirements of the U.S. Department of Housing and Urban Development; and WHEREAS, Notice of the Public Hearing regarding the Consolidated Plan and Annual Action Plan was published in a newspaper of general circulation; and WHEREAS, the Consolidated Plan and Annual Action Plan was made available for review and comments 30 days prior to the adoption by City Council at City Hall and on the City website; and WHEREAS, the City of Sebastian conducted a public hearing on June 26, 2019, for citizen review and comment; and a second public hearing was held on August 13, 2019; and WHEREAS, the proposed CDBG projects and activities are consistent with the U.S. Housing and Urban Development's National Objectives. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. (1) Approves the 2019-2024 Five Year Consolidated Plan; (2) approves the 2019/2020 Annual Action Plan; (3) and authorizes the City Manager to execute and transmit all required documents to the U.S. Department of Housing and Urban Development. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. 48 of 105 The forgoing Resolution was moved for adoption by . The motion was seconded by and, upon being put to a vote, the vote was as follows: MayorJim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this day of 2019. CITY OF SEBASTIAN, FLORIDA ATTEST: Jeanette Williams, MMC City Clerk By: Jim Hill, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: James Stokes, City Attorney 49 of 105 BOARD OF COUNTY COMMISSIONERS Bob Solari Chairman District S Susan Adams Vice Chairman District 1 August 1, 2019 Mayor Jim Hill City of Sebastian 1225 Main Street Sebastian, FL 32958 � VE�C0 \LORD Joseph E. Flescher District 2 Tim Zorc District 3 Peter O Bryan District 4 Re: Proposing Bethel Creek as a pilot project for restoring historical ocean inflows to the Indian River Lagoon Dear Mayor Hill: As you likely know, the Indian River Lagoon (IRL) has historically benefitted from the natural occurrence of inflows and wetlands, before infrastructure was put in place to support a growing population. As included in the 2019-2020 General Appropriations Act (GAA), line item 66 allocates $800,000 for the "Florida Tech -- Restore Lagoon Inflow Research" project. The goal of this study is to gauge the potential impacts of controlled reintroduction of ocean seawater into the IRL as a contributing solution to restoration efforts. Multiple areas along the IRL in Brevard and Indian River counties are candidates for study. At your next council meeting, I'd like to propose the City of Sebastian write a letter to the Florida Institute of Technology supporting Bethel Creek as a pilot project for the study. I'd be happy to answer any questions the council may have at that time. I look forward to the opportunity to appear before the council. Sincerely, Tim 7Zore Commissioner, District 3 tzorcgircizov.coni 772-226-1492 1801 27111 Street, Building A Vero Beach, FL 32960 (772) 226-1490 50 of 105 Florida Tech -Restore Lagoon Inflow Project By Rep. Altman HB 3119/Senate Form 1528 Amount Allocated: - $800,000 in the 19-20 General Appropriations Act - Original request was for $932,437 Purpose: Provides an appropriation to Florida Institute of Technology to model and study the impacts of the reintroduction of ocean water into the Indian River Lagoon (I RL). This will help determine the efficacy and efficiency that the construction of pumping stations, culverts, and/or weirs would have on the health and restoration of the Indian River Lagoon. Status: Line Item 66 of the '19-'20 General Appropriations Act allocates $800,000 for this project pending approval by the Governor 51 of 105 Appropriations Project Request - f=iscal Year 2019-20 For projects meeting the Definition of House Rule 5.14 1. Title of Project: Florida Tech - Restore Laeoon Inflow Research_ 2. Date of Submission: 02/05/2019 3. House Member Sponsor: Thad Altman Members Copied: 4. DETAILS OF AMOUNT REQUESTED: a. Has funding been provided in a previous state budget for this activity? No If answer to 4a is "No" skip 4b and 4c and proceed to 4d, CoL E b. What is the most recent fiscal year the project was funded? c. Were the funds provided in the most recent fiscal year subsequently vetoed? d. Complete the following Project Request Worksheet to develop your request: FY: Input Prior Year Appropriation for this project for FY 2018-19 (If appropriated in 2018-19 enter the appropriated amount, even if vetoed.) Column: A B C Funds Prior Year Prior Year Total Funds Description: Recurring Nonrecurring Appropriated Funds Funds (Recurring plus Nonrecurring: column A + column B) Input Amounts: Develop New Funds Request for FY 2019-20 (Requests for additional RECURRING funds are prohibited.) D Recurring Base Budget (Will equal non - vetoed amounts provided in Column A) E Additional Nonrecurring Request 932,437 F TOTAL Nonrecurring plus Recurring Base Funds (Will equal the amount from the Recurring base in Column D plus the Additional Nonrecurring Request in Column E.) 932,437 5. Are funds for this issue requested in a state agency's Legislative Budget Request submitted for FY 2019-20? No 5a. If yes, which state agency? 5b. If no, which is the most appropriate state agency to place an appropriation for the issue being requested? Department of Education 5c. Has the appropriate state agency for administering the funding, if the request were appropriated, been contacted? No 5d. Describe penalties for failing to meet deliverables or performance measures which the agency should provide in its contract to administer the funding if appropriated. Standard contract conditions F,FI- r r2 -- Page 1 of 7 52 of 105 6. Requester: a. Name: Robert Salonen b. Organization: Florida Institute of Technology c. Email: rsalonen@fit.edu d. Phone #: (321)501-1900 7. Contact for questions about specific technical or financial details about the project: a. Name: Robert Salonen b. Organization: Florida Institute of Technology c. Email: rsalonen@fit.edu d. Phone #: (321)501-1900 8. Is there a registered lobbyist working to secure funding for this project? a. Name: Cari Roth b. Firm: Dean Mead c. Email: CRoth@deanmead.com d. Phone #: (850)591-1094 9. Organization or Name of entity receiving funds: a. Name: Florida Institute of Technology b. County (County where funds are to be expended): Brevard c. Service Area (Counties being served by the service(s) provided with funding): Brevard. Indian River 10. What type of organization is the entity that will receive the funds? (Select one) O For Profit O Non Profit 501(c) (3) O Non Profit 501(c) (4) O Local Government O University or College O Other (Please describe) Page 2 of 7 APR #. 1529 53 of 105 11. What is the specific purpose or goal that will be achieved by the funds being requested? The Florida Tech Indian River Lagoon Research Institute will continue their work on solutions for improving water quality in the Indian River Lagoon (IRL) with an initial phase of a pilot project to investigate the impacts of restoring periodic historical ocean inflows to the IRL. This first phase of the study will gather baseline data on existing water quality, biological parameters and hydrologic conditions at one or more potential locations for future inflow test structures. 12 Provide specific details on how funds will be spent. (Select all that apply) Spending Category Description ❑a. Executive Director/Project Head Salary and Benefits ❑b. Other Salary and Benefits ❑c. Expense/Equipment/)'ravel/Supplies/Other ❑d. Consultants/Contracted Services/Study ❑e. Salaries and Benefits Mf. Expenses/EquipmentfTravel/Supplies/Other Nonrecurring (Should equal 4d, Col. E) Enter "0" if request is zero for the category Sensors, watercraft utilization, travel 354,008 and expenses associated with accessing and implementing lagoon and coastal study sites Mg. Consultants/Contracted Services/Study Planning and performing of studies 578,429 as well as monitoring and modeling of lagoon and coastal study sites ❑h. Construction/Renovation/Land/Planning Engineering 13. For the Fixed Capital Costs requested with this issue (In Question 12, category "h. Fixed Capital Outlay" was selected), what type of ownership will the facility be under when complete? (Select one correct option) OFor Profit Page 3 of 7 APR # 1529 54 of 105 ONon Profit 501(c) (3) ONon Profit 501(c) (4) OLocal Government (e.g., police, fire or local government buildings, local roads, etc.) OState agency owned facility (For example: college or university facility, buildings for public schools, roads in the state transportation system, etc.) OOther (Please describe) 14. Is the project request an information technology project? No 15. Is there any documented show of support for the requested project in the community including public hearings, letters of support, major organizational backing, or other expressions of support? Yes 15a. Please Describe: The rationale for the requested project has been submitted to St. Johns Water Management District and is listed as an area of interest for a water circulation pilot project - https://www.sjrwmd.com/renew-lagoon/#faq-10 . Restoring the Indian diver Lagoon is an environmental and economic public priority for governments, community organizations and the chambers of commerce. 16. Has the need for the funds been documented by a study, completed by an independent 3rd party, for the area to be served? Yes 16a. Please Describe: The rationale for the requested project has been submitted to St. Johns Water Management District and is listed as an area of interest for a water circulation pilot project - https://www.sjrwmd.com/renew-lagoon/#faq-10. 17. Will the requested funds be used directly for services to citizens? No 18. What benefits or outcomes will be realized by the expenditure of funds requested? (Select each Benefit/Outcome that applies) Benefit or Outcome! Provide a specific measure of the benefit Describe the method for measuring level or outcome of benefit ❑Improve physical health ❑Improve mental health APR #: 1529 Page 4 of 7 55 of 105 ❑Enrich cultural experience ❑Improve agricultural production/promotion/education ❑Improve quality of education ZEnhancelpreservelimprove environmental or fish and wildlife quality ©Protect the general public from harm (environmental, criminal, etc.) ❑Improve transportation conditions RIncrease or improve economic activity ❑Increase tourism ❑Create specific immediate job opportunities ❑Enhance specific individual's economic self sufficiency ❑Reduce recidivism ❑Reduce substance abuse RPR # 1529 Phase I of this project will establish baseline environmental data on potential location(s) in the IRL for placement of inflow test structures (Phase 11) Phase I of this project will establish baseline environmental data on potential location(s) in the IRL for placement of inflow test structures (Phase II) Improvement of the quantity and quality of actionable data in the IRL potentially leading to partial relief of negative impacts on property values, tourism, and recreation along IRL Page 5 of 7 Evaluate the feasibility and desirability of restoring measured historic tidal inflows into the IRL studying existing water quality, biological parameters and hydrologic conditions Evaluate the feasibility and desirability of restoring measured historic tidal inflows into the IRL studying existing water quality, biological parameters and hydrologic conditions Securing and assessing data as a baseline measurement of existing ecosystems at study location(s) as a platform for documenting potential future improvement 56 of 105 ❑Divert from Criminal/Juvenile justice system ❑Improve wastewater management ❑Improve stormwater management ❑Improve groundwater quality ❑Improve drinking water quality OImprove surface water quality ❑Other (Please describe): Phase I of this project will establish baseline environmental data on potential location(s) in the IRL for placement of inflow test structures (Phase II) Evaluate the feasibility and desirability of restoring measured historic tidal inflows into the IRL studying existing water quality, biological parameters and hydrologic conditions 19. Provide the total cost of the project for FY 2019-20 from all sources of funding (Enter "0" if amount is zero): Type of Funding Amount Percent of Total 1. Amount Requested from the State in this Appropriations 932,437 100.0% Project Request: 2. Federal: 0 0.0% 3. State: (Excluding the requested Total Amount in #4d, 0 0.0% Column F) 4. Local: 0 0.0% 5. Other: 0 0.0% 20. Is this a multi-year project requiring funding from the state for more than one year? Page 6 of 7 FR V �H Are the other sources of funds guaranteed in writing? N/A No No No No 57 of 105 Yes 20a. How much state funding would be requested after 2019-20 over the next 5 years? O<1M 01-3M O>3 -10M O>10M 20b. How many additional years of state support do you expect to need for this project? 01 year 02 years 03 years 04 years O>= 5 years 20c. What is the total project cost for all years including all federal, local, state, and any other funds? Select the single answer which best describes the total project cost. If funds requested are for ongoing services or for recurring activities, select "ongoing activity". Oongoing activity — no total cost O<1M 01-3M 0>3-10M 0>10M Page 7 of 7 APR # 1529 58 of 105 CITY OF SEBAS-TbkN �--:-�� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, JULY 24, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Kinchen called the Regular City Council Meeting to order at 6:00 p.m. 2. Pastor John Gill, Sebastian United Methodist Church gave the invocation. 3. Vice Mayor Kinchen led the Pledge of Allegiance. 4. ROLL CALL Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Members Absent Mayor Jim Hill Citv Staff Present City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Community Development Manager Dorri Bosworth Zoning Technician Michelle Faulkner Leisure Services Director Brian Benton Police Chief Michelle Morris Police Lieutenant Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Brief Announcements August 16 — Chamber Grill Out Night — Various Business Locations - 5:30 pm - 8:00 pm Council Member Dodd announced the upcoming Chamber of Commerce event. 7. Recess Citv Council Meetinq and Convene as Communitv Redevelopment Agency A. Approval of Minutes — April 24, 2019 CRA Meeting MOTION by Mr. McPartlan and SECOND by Mr. Dodd to approve the April 24, 2019 CRA Meeting minutes. 59 of 105 Regular City Council & CRA Meeting July 24, 2019 Page Two Roll Call: Vice Chair Kinchen — aye Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan - aye Chairman Hill — absent Motion carried 4-0. B. Septic to Sewer Program Grant i. Consider Grant Request for 707 Jackson Street — Harry & Sara Marshall (Transmittal, Application, Quotes, Receipt, Deed, Analysis) The City Manager asked the board to approve the grant request in the amount of $2,917.50 MOTION by Mr. Dodd and SECOND by Mr. lovino to approve the Septic to Sewer grant request for 707 Jackson Street. Roll Call: Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — absent Vice Chair Kinchen — aye Motion carried 4-0. C. Facade, Sian and Landscape Program Grant i. Consider Additional Grant Request for 1004 U.S. Highway 1 — Arthur & Amy Priep (Transmittal, Summary, Application, 2/27/19 Minutes) The City Manager explained when this property was previously considered by the board the owner did not have a tenant to meet the program's requirement of improving a business. He said the property owner now has a tenant under contract, who cannot receive their business tax receipt until the building improvements are completed which will be done with the grant proceeds. He asked for approval. Mr. Dodd asked if the City would receive a site plan of what the tenant intends to do with the property. The Community Development Manager responded that staff would make sure that the building isn't used for `contractor trade', only `office space.' Mr. Dodd asked if tonight's award would be reduced by the previous amount or should they cancel the original grant and make this a new award. The Community Development Manager suggested because there is a $15,000 maximum award and applicants cannot receive a second grant within two years, the first amount should be incorporated into tonight's grant. The City Attorney advised they could move to award the grant subject to the required caps. MOTION by Mr. Dodd and SECOND by Mr. lovino moved approval based on the condition that City staff combine the two grants and apply them to the program's overall cap. For the record, Vice Chair Kinchen stated her grandson is the owner of Pro Fencing, LLC and because he will not be the recipient of the grant funds, per the City Attorney, she was able to vote on this item. 60 of 105 Regular City Council & CRA Meeting July 24, 2019 Page Three Roll Call: Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — absent Vice Chair Kinchen — aye Mr. Dodd - aye Motion carried 4-0. 8. Adiourn Communitv Redevelopment Aaencv Meetina and Reconvene as Citv Council The Community Redevelopment Agency meeting adjourned and the City Council reconvened at 6:09 p.m. 9. CONSENT AGENDA A. Approval of Minutes — July 10, 2019 Regular City Council Meeting 19.024 B. Airport — FPL Utility/Pickleball Electrical Easement (Transmittal, Legal Description, Form) 19.086 C. Authorize the Application Process for the 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant in the Amount of $3,442.00 for 2017 and $3,334.00 for 2018 and Authorize the Mayor to Sign the Appropriate Documents (Transmittal, Notices) 19.086 D. Authorize Mayor to Sign and Approve Submittal of IFFY 2018 Edward Byrne Justice Assistance Grant (JAG) Application in the Amount of $11,950 (Transmittal, Letters) 19.103 E. Authorize the Purchase of One 2019 Nissan Frontier Truck from Alan Jay Fleet Sales under the Sourcewell (formerly NJPA) Contract # 2019 -120716 -NAF for Future Public Works Director and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Contract) 19.104 F. Approve Alcoholic Beverages at Community Center for Penn Event on August 3, 2019 from 2:00 pm to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve consent agenda items A -F. Roll Call: Council Member McPartlan — aye Mayor Hill — absent Vice Mayor Kinchen — aye Council Member Dodd - aye Council Member lovino — aye Motion carried 4-0. 10. COMMITTEE REPORTS & APPOINTMENTS - None 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 13. PUBLIC INPUT - None 61 of 105 Regular City Council & CRA Meeting July 24, 2019 Page Four 14. NEW BUSINESS 19.002 A. Approve Proposed (Maximum) Millaqe Rate for FY19/20 - Submission of DR420 to Property Appraiser (Transmittal, Forms DR -420, DR-420TIFs, DR-420MM-P, Presentation)(Recommended Budqet is on Citv's Website) The Administrative Services Director stated it was time to set a proposed millage rate that would be on the tax notices mailed out in August. As a precaution, he requested Council consider the millage rate at 3.1514 for the Form DR -420 but noted 2.9399 will be recommended during the final budget hearings. He displayed the PowerPoint presentation provided in the agenda backup. For the record, Vice Mayor Kinchen noted that a lower millage rate could be proposed but if a higher rate is needed during the budget hearings, they would incur an additional expense to notify the residents. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to adopt 3.1514 for the Form DR -420. Roll Call: Mayor Hill — absent Vice Mayor Kinchen — aye Council Member Dodd - aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 4-0. 19.105 B. Consider Supervisor Swan's Request to Hold 2020 Early Votinq in Council Chambers — Consider Reschedulinq Affected Council Meetinqs (Transmittal, Letter, Calendars) Vice Mayor Kinchen noted the Supervisor's request would require them to cancel three of their meetings or hold them at a different time. Council Members McPartlan and lovino noted the meetings could be held on different days or the agenda items could be moved around. MOTION by Council Member lovino and SECOND by Council Member McPartlan to approve the early voting days requested by the Supervisor of Elections with use of the Chambers, and if necessary, move the affected Council meeting dates. Roll Call: Vice Mayor Kinchen — aye Council Member lovino — aye Mayor Hill — absent Motion carried 4-0. 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS - None 17. CITY CLERK MATTERS - None Council Member Dodd - aye Council Member McPartlan — aye 62 of 105 Regular City Council & CRA Meeting July 24, 2019 Page Five 18. CITY COUNCIL MATTERS A. Mayor Hill - absent B. Vice Mayor Kinchen - None C. Council Member Dodd - None D. Council Member lovino - None E. Council Member McPartlan - None 19. Being no further business, Vice Mayor Kinchen adjourned the Regular City Council Meeting at 6:19 p.m. Approved at the August 13, 2019 Regular City Council Meeting. Mayor Jim Hill ATTEST: Jeanette Williams, MMC — City Clerk 63 of 105 LRL* SE�T�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 13, 2019 AGENDA ITEM TITLE: Formal Approval of Employee Group Health, Dental and Vision Insurance Policies for the Year Beginning October 1, 2019. RECOMMENDATION: Approve Extension of Employee Group Insurance Policies. BACKGROUND: The City's Insurance Broker, the Gehring Group will present information supporting renewal of our current providers of employee group insurance policies under the Presentations section of this agenda. This follows negotiations conducted with the current insurance companies on the costs of renewal premiums. The recommendation is for approval to renew the current policies with the Florida Blue Options Program for Health Insurance and with Humana for Dental and Vision. The increase in premiums for Health Insurance, which is the majority of the costs, will be 3.1 % from the City and 2.9% from the employees. The increase to premiums for Dental is 8.00% and for Vision is 5.0%. Staff is pleased with amount of premiums for the renewals and recommends approval. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost to the City is $1,613,558 Appropriation Required: None, this is within amounts provided in the Draft 2020 Annual Budget. Administrative Services Department Review: ATTACHMENT: Cost Summary of Current Programs as Compared to Negotiated Renewal. City Manager Authorization: Date: 64 of 105 City of Sebastian Employee Benefits Executive Cost Summary Effective Date: October 1, 2019 Current GEHRING GROUP • EMPLOYEE BENEFITS I RISK MANAGEMENT Renewal Total Employer Employee Total Employer ER % Employee Employee Only 64 $570,86 $545.86 $25.00 $586.37 $561.37 96% $25.00 Employee + Spouse 15 $1,316.13 $1,007.09 $309.04 $1,358.21 $1,039.29 77% $318.92 Employee +Child(ren) 15 $1,017.51 $823.85 $193.66 $1,050.05 $850.19 81% $199.86 Employee + Family 22 $1,725.34 $1,257.94 $467.40 $1,780.51 $1,298.17 73% $482.34 ANNUAL PREMIUM $1,313,965 $1,08%886 $233,080 $1,353,874 $1,113,955 $239,918 $INCREASE N/A N/A N/A $39,908 $33,069 $6,839 % INCREASE 'AEALTH N/A N/A N/A 3.0% 3.1% 2.9% REIMBURSEMENT ACCOUNT Total Employer Employee Total Employer Employee Employee Only 64 $2,500.00 $2,500.00 $0.00 $2,500.00 $2,500.00 100% $0.00 Employee + Spouse 15 $5,000,00 $5,000.00 $0.00 $5,000,00 $5,000.00 100% $0.00 Employee +Child(ren( 15 $5,000,00 $5,000.00 $0.00 $5,000,00 $5,000.00 100% $0.00 Empioyee+Family 22 $5,000,00 $5,000.00 $0.00 $5,000.00 $5,000.00 100% $0.00 ANNUAL COST $420,000 $420,000 $0 $420,000 $420,000 $0 Total Annual Medical/HRA Cast $1,733,965 $1,500,886 $233,080 $1,773,874 $1,533,955 $239,918 TOTAL MEDICAL/HRA $ INCREASE N/A N/A N/A $39,908 $33,069 $6,839 TOTAL MEDICAL/HRA % INCREASE N/A N/A N/A 2.3% 2.2% 2.9% :FENTAL PPO - Base Plan Total Humana Preferred Employer 14 Employee Total Humana Preferred Employer 14 ER % Employee Employee only 59 $27.40 $27.40 $0.00 $29.59 $29.59 100.00% $0.00 Employee + Spouse 20 $55.30 $41.34 $13.96 $59,72 $44.64 74.76% $15.08 Empfayee+Child(ren( 19 $7595 $51.67 $24.28 $82.03 $55.81 6904% $26.22 Employee +Family 17 $103.86 $65.64 $38.22 $112.17 $70.89 63.20% $41.28 ANNUAL COST $71,175 $54,494 $16,682 $76,869 $58,851 $18,019 $INCREASE N/A N/A N/A $5,694 $4,357 $1,337 % INCREASE N/A N/A N/A 8.0% 8.0% 8.01/. TENTAL PPO - Buy -Up Plan Total Humana Employer Employee Total Humana Employer ER% Employee Employee Only 5 $33.21 $27.40 $5.81 $35.87 $29.59 82.51% $6.28 Employee + Spouse 12 $67.04 $41.34 $25.70 $72.40 $44.64 61.57% $27.76 Employee + Child(ren) 2 $92.07 $51.67 $40.40 $99.44 $55.80 56.12% $43.64 Employee+Family 2 $125.90 $65.54 $60.26 $135.97 $70.89 52.14% $65.09 ANNUAL PREM IUM $16,878 $10,413 $6,465 $18,228 $11,244 $6,984 $INCREASE N/A N/A N/A $1,350 $831 $519 % INCREASE N/A N/A N/A 8.0% 8.01% 8.0% VISION Total Humana Vision Employer i Employee Total Humana Vision Employer 130 ER % Employee Employee 68 $3.60 $3.60 $0.00 $3.7R $3.78 100.00% $0.00 Family 71 $10.76 $7.18 $3.58 $11.30 $7.54 66.73% $3.76 ANNUAL PREM IUM $12,105 $9,055 $3,050 $12,710 $9,508 $3,203 S�t)�NCREASE N/A N/A N/A $605 $453 $153 4TNCREASE N/A N/A N/A 5.0% 5.0% 5.0% SUMMARY TOTAL ANNUAL PREMIUM Total $1,834,123 Employer $1,574,847 Employee $259,276 Total $1,881,681 Employer $1,613,558 Employee $268,124 $INCREASE N/A N/A N/A $47,558 $38,710 $8,847 % INCREASE N/A N/A NIA 2.6% 2.5% 3.4% .m X SEBAST_v HOME OFPEUCANISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: 13 August 2014 Aqenda Item Title: Agreement between the City of Sebastian and Indian River County School Board for 2 School Resource officers, 1 at Sebastian Elementary and 1 at Pelican Island Elementary. Recommendation: City Council to approve the Agreement between the City and the Indian River County School Board for 2 School Resource Officers, 1 at Sebastian Elementary and 1 at Pelican Island Elementary. Backqround: The City of Sebastian has proposed an agreement between the City and the Indian River County School Board to provide 2 School Resource Officers. If Aqenda Item Requires Expenditure of Funds: Total Cost: NIA Amount Budgeted in Current FY: NIA Amount of Appropriation Required: Fund to Be Utilized for Appropriation: Administrative Services Department Review: Attachments 1. Agreement CittY,r age utho rization: � // j Date: 9/7 /r 66 of 105 AGREEMENT BETWEEN THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) 1 THIS AGREEMENT, made and entered into this ,;)��_ day of , 2019, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, f ORIDA, (hereinafter referred to as the SCHOOL BOARD), and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY); WITNESSETH: A. The School Board and the City desire to provide law enforcement services to the schools of Indian River County as defined in F.S.S. 1006.12. 8. The provisions of F,S.S. 1006.12 require the School Board and School District Superintendent to assign one or more safe -school officers at each school facility within the district. C. It is mutually agreed that a continuation of the School Resource Officer Program is in the best interests of the student population, the School Board, the City, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of one (1) year, with the option to renew the Agreement for an additional one (1) year period upon mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the School Board and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued within the school system of Indian River County, Florida, for twelve months per year. ARTICLE II Rights and Duties of the City The City shall provide School Resource Officers as follows: A. Number of School Resource Officers: 67 of 105 I . The City shall assign one regularly employed SRO to each of the following schools: a. Pelican Island Elementary School b. Sebastian Elementary School B. Regular Duty Hours of School Resource Officers: 1. The SRO's shall be assigned to a school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This includes designated summer school days and hours as mutually agreed upon by the City and School Board. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes are: 1. The primary function of the School Resource Office is to serve as a law enforcement officer and ensure the safety and security of students, teachers, staff and other individuals on the campus to which the SRO is assigned. 2. The School Resource Officers shall abide by school board policies and shall consult with and advise the District of any conflicts between their policies and the Cities Standard Operating Procedures (SDP's) through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency in all matters relating to employment. 3. To perforin law enforcement functions within the school setting. 4. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 5. To foster a better understanding of the law enforcement function. 6. To develop positive concepts of law enforcement. 7. To provide information about crime prevention. 8. To provide assistance and support for crime victims identified within the school setting, including abused children. 9. To promote positive relations between students and law enforcement officers. 68 of 105 10. To enhance knowledge of the fundamental concepts and structure of law. 11. Consistent with the provisions of F.S.S. 1006.07, the SRO shall participate in hostage and active assailant situation drills monthly in consultation with the School District and School Administration staff. 12. Consistent with the provisions of F.S.S. 1006.07, the SRO shall be a member of the Threat Assessment Team at the school to which the SRO is assigned and shall meet regularly with the School Threat Assessment Team in a proactive manner to consider behavioral indicators of individuals who may pose a threat to the safety and well-being of students, faculty and staff. 13. When requested by the principal or his/her designee, the SRO may attend any school -related activity (i.e., faculty, parent meetings, special functions, etc.). The duty must be approved by the unit supervisor, if it is overtime, the cost of the overtime shall be borne by the District where appropriate. 14. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics as accepted and defined in State laws and professional standards. City acknowledges and agrees that it will not disclose confidential student information to any other person or entity, and will only use the confidential student information for the purposes of this Agreement and for no other purpose unless otherwise required by State and Federal law. Upon the completion of the non -law enforcement SRO services, City shall return to School Board all original and any copies of the confidential student information, and shall not retain any confidential student information. As City will be receiving student information that is otherwise confidential, City shall fully comply with the requirements of § 1002.22 and § 1002.221, Florida Statutes, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by law. Further, notwithstanding any other provision in this Agreement to the contrary, City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the School Board and its officers and employees harmless for the City's own negligence, including, but not limited to defending the School Board and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the School Board, or payment of any and all costs, damages, judgments, or losses incurred by or 3 69 of 105 imposed upon the School Board arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, , or a negligent violation of § 1002.22 or § 1002.221, Florida Statutes that is not permissible by law. This provision shall survive the termination of or completion of all obligations under this Agreement and shall be fully binding upon City until such time as any proceeding which may be brought on account of this provision is barred by any applicable statute of limitations. 15. The SRO shall become familiar with all community agencies, which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies, when necessary and appropriate in their sole discretion, thereby acting as a resource person to the students, faculty, and staff of the school. The discretion regarding the method of reporting of an event is the sole discretion of the Officer and the requirements of all State and Federal laws as amended from time to time. 16. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimize dangerous situations, which may result from student unrest and emergency situations. 17. Should it become necessary to conduct formal law enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes, and Federal law. 18. The SRO shall take law enforcement action as required. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. The SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions following the City's SOP's in place. 19. The primary function of the SRO is a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State's Attorney, etc.). 20. The SRO will submit reports and statistical data, as necessary, to include police department generated reports, to include an Agency Case Number, regarding any on -campus incidents for which an SRO or other police officer prepares reports and documents as allowed by State law. 21. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee shall consult with the SRO to determine whether law enforcement action is appropriate. School 70 of 105 Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. 22. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc_)_ 23. The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be wom with the approval of the unit supervisor. 24. All law infractions will be reported to the school's resource officer by all school personnel. 25. The SRO will be involved in summer activity to include, but not be limited to, juvenile case management, gang resistance education training, l3IiM ?zainirr., cyber -safety training, school safety, participation in the Explorer program, and participation in relevant summer camps. D. The City and each SRO shall only use the information made accessible to him or her by the School Board in furtherance of this Agreement, and only for the purposes for which the disclosure was made or as may otherwise be required by law. The City acknowledges and agrees that each SRO will have access to Personally Identifiable Information and Education Records pursuant to section 1002.221, Florida Statutes, 20 U.S.C. 12328, and the federal regulations issued thereto, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. ARTICLE III Rights and Duties of the School Board The School Board shall provide to the frill -time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's or designee's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. Air conditioning. 2. Computer with Internet access and VPN, or other connection type, required to connect to the City's network and access software programs and network resources. 71 of 105 Desk and chair. 4. 4 -drawer legal locking file cabinet. 5 -shelf book shelf. 2 visitor chairs for counseling and interviews. 1 worktable. Office supplies as requested_ 9. Phone with local and long distance calling capability. 10. School District email address. 11. 1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SROs be able to communicate with school personnel on their radio frequencies. if the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. ARTICLE IV Financing of the School Resource Officer Program A. The School Board and the City agree to share in the overall costs associated with the School Resource Officer Program. The School Board agrees to provide for 50% of the salaries and benefits of the SRO's. Notwithstanding the foregoing, the amount funded by the City for the overall costs of the School Resource Officer Program will be negotiated each year of this Agreement, This does not affect or guide any negotiations the City has regarding its Collective Bargaining unit and those negotiations shall have precedence. B. Any vehicle or equipment leased, rented, or donated to the City for use in. the SRO Program shall become an asset of the City and; therefore, will be subject to City rules, regulations, and policy governing use. C. The City in its sole discretion shall provide the appropriate vehicle and equipment to conduct the duties of the SRO. 72 of 105 ARTICLE V Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the School Board. The School Board and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VI Appointment and Training of School Resource Officers A. Appointment of School Resource Officers will be made solely by the City in accordance with City's policy. B. School Resource Officers will receive training in the following schools: 1. Basic SRO Program. 2. Crisis Intervention Training (CIT). 3. The Indian River County School District should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference or other SRO Training Programs. If such funding is not available, the expense incurred will be mutually agreed upon by the two entities providing the budget appropriations are available (lodging, food, registration and travel). Expenses to the District shall not exceed a total of $1,000.00 annually for this conference. ARTICLE V11 Dismissal of School Resource Officer; Replacement A. In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsibilities, as outlined in F.S. S. 1006.12, the principal shall recommend to the Superintendent who may recommend to the Chief of Police, or designee, that the SRO be removed and shall state the reasons in writing. Upon receipt of such recommendation from the Superintendent or designee, the Chief of Police and the Superintendent, or their designees shall meet with the SRO and his immediate supervisors to mediate or resolve any problems, which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. 73 of 105 If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO shall be removed from the program at the school and a replacement shall be obtained at the sole discretion of the City through consultation with the District. In the event mediation is not sought by the Chief of Police, then the SRO shall be removed from the program at the school and a replacement shall be obtained. B. The City may dismiss or reassign an. SRO based upon the City's rules and regulations. C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of long-teran absences by a SRO, the City will provide a temporary or permanent SRO. ARTICLE VIII SRO Schedule A. SRO's will be assigned to each school designated in Article II from the beginning of the school year to the end of the school year. B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the unit supervisor, if it is overtime. C. When extra -duty details are required by the School Board, the parties shall ensure that the details are first filled by SRO's. If a sufficient number of SRO's are unavailable or, if the need for extra -duty officers exceeds the number of SRO's, then other police officers shall be. authorized to work the detail. D. SRO's shall also be present for summer school programs as mutually agreed upon by the City and the Superintendent or their designees. ARTICLE IX IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, .FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SCHOOL BOARD'S CUSTODIAN OF RECORDS: BRENDA DAVIS, 772-564-3149, Brenda. Davis(@,indiandverschooIs. ora, 6500 57`h Street, Vero Beach, Florida 32967. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The City and the School Board 74 of 105 acknowledges its legal obligation to comply with § 119.070 1, Florida Statutes, Z. The City and the School Board shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the School Board in order to perform the scope of services. 1 Upon request by the City or the School Board, either party shall provide a copy of any and all requested public records or allow the requested public records to be inspected or copied, within a reasonable time, at a cost that does not exceed the cost allowed by law. 4. The City and the School Board shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the Agreement term and following completion of the Agreement if the City does not transfer the public records to the School Board as indicated below. 5. The City and the School Board shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the School Board to perform the scope of services. Upon request by the City or School Board, all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or School Board, 6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with this requirement shall result in the immediate termination of the Agreement, without penalty to the City or the School Board. Further, the City and School Board shall mutually and fully indemnify and hold harmless each other, their officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the City's or School Board's failure to comply with the requirements of Chapter 119, Florida Statutes. ARTICLE X Termination of Agreement This agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement, but subject to applicable law. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is tcnninated, compensation will be trade to the City for all services performed to the date of termination. The School Board shall be entitled to prorated z-cfund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XI Hold Harmless Agreement If and to the extent allowed by law and without waiving the Iimits and protections of sovereign immunity as set forth in section 768.28, Florida Statutes, the City agrees to defend, indemnify, and hold the School Board, it's employees, and agents harmless from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed, or recovered against, 75 of 105 or from the School Board, its agents or employees by reason of any damage to property or personal injury including death sustained by any persons whomsoever, and which damage, injury, or death arises out of, or is attributable to, the performance by the SRO's of law enforcement duties. ARTICLE XII Good Faith The School Board, the City, their agents, and their employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent's Office and the Chief of Police's Office. ARTICLE XIII Modification This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged. ARTICLE XIV Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assigrunent unless the express written consent of the School Board and the City is obtained. ARTICLE XV Sovereign Immunity No Waiver of Sovereign Immunity. Nothing contained in this agrccment is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. ARTICLE XVI Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. 10 76 of 105 Signed, sealed, and delivered THE SCHOOL BOARD OF INDIAN in the presence of: RIVER COUNTY, FLORIDA &yDL- By. Mo Witness ` La r o�Chairman fi Attest: 0a--'l..'1-��y Date Dr. Susan Moxley, Superintendent Date � j k! CITY COUNCIL OF THE CITY OF SEBASTIAN Jing Hill, Mayor Witness Date Date 77 of 105 Oncf SE13AST_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: 13 August 2019 Aqenda Item Title: Agreement between the City of Sebastian and Sebastian Charter Junior High, Inc. for a School Resource officer. Recommendation: City Council to approve the Agreement between the City and the Sebastian Charter Junior High, Inc. for a School Resource Officer. Background: The City of Sebastian has proposed an agreement between the City and the Sebastian Charter Junior High, Inc. to provide a School Resource Officer. If Aqenda Item Requires Expenditure of Funds: Total Cost: NIA Amount Budgeted in Current FY: NIA Amount of Appropriation Required: Fund to Be Utilized for Appropriation: Administrative Services Department Review-' { Attachments 1. Agreement City ager t/loo ation: Y Date: � /, /,,S 78 of 105 AGREEMENT BETWEEN THE SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this day of , 2019, by and between the SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA, (hereinafter referred to as the CHARTER SCHOOL, and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY); WITNESSETH: A. The Charter School and the City desire to provide law enforcement, counseling, and law-related educational service programs to the schools of Indian River County as defined in F.S.S. 1006.12. B. The provisions of F.S.S. 1006.12 require the Charter School and Principal to assign one or more safe -school officers at each school facility within the district. C. It is mutually agreed that a continuation of the School Resource Officer Program is in the best interests of the student population, the Charter School, the City, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of one (1) year, with the option to renew the Agreement for an additional one (1) year period upon mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the Charter School and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued with the Sebastian Charter Junior High School of Sebastian, Florida, for twelve months per year. 79 of 105 ARTICLE II Rights and Duties of the City The City shall provide School Resource Officers as follows: A. Number of School Resource Officers: 1. The City shall assign one regularly employed SRO to the following school: a. Sebastian Charter Junior High School B. Regular Duty Hours of School Resource Officers: 1. The SRO's shall be assigned to a school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This includes designated summer school days and hours as mutually agreed upon by the City and Charter School. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes are: The School Resource Officers shall abide by Charter School policies and shall consult with and advise the Charter School of any conflicts between their policies and the Cities Standard Operating Procedures (SOP'S) through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency in all matters relating to employment. Activities conducted by the School Resource Officer, which are part of the regular instructional program of the school, shall be under the direction of the principal or his/her designee. 2. To perforin law enforcement functions within the school setting. 3. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 4. To foster a better understanding of the law enforcement function. 5. To develop positive concepts of law enforcement. 6. To provide information about crime prevention. 2 80 of 105 7. To provide assistance and support for crime victims identified within the school setting, including abused children. 8. To promote positive relations between students and law enforcement officers. 9. To enhance knowledge of the fundamental concepts and structure of law. 10. When requested by the principal or his/her designee, the SRO may attend any school -related activity (i.e., faculty, parent meetings, special functions, etc.). The duty must be approved by the unit supervisor, if it is overtime, the cost of the overtime shall be borne by the Charter School where appropriate. 11. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics as accepted and defined in State laws and professional standards. City acknowledges and agrees that it will not disclose confidential student information to any other person or entity, and will only use the confidential student information for the purposes of this Agreement and for no other purpose unless otherwise required by State and Federal law. Upon the completion of the non -law enforcement SRO services, City shall return to Charter School all original and any copies of the confidential student information, and shall not retain any confidential student information. As the City will be receiving student information that is otherwise confidential, the City shall fully comply with the requirements of § 1002.22 and § 1002.221, Florida Statutes, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by law. Further, notwithstanding any other provision in this Agreement to the contrary, the City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the Charter School and its officers and employees harmless for the City's own negligence, including, but not limited to defending the Charter School and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the Charter School, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon the Charter School arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, , or a negligent violation of § 1002.22 or § 1002.221, Florida Statutes that is not permissible by law. This provision shall survive the termination of or completion of all obligations under this Agreement and shall be fully binding upon City until such time as any proceeding which may be 3 81 of 105 brought on account of this provision is barred by any applicable statute of limitations. 12. The SRO shall become familiar with all community agencies, which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies, when necessary and appropriate in their sole discretion, thereby acting as a resource person to the students, faculty, and staff of the school. The discretion regarding the method of reporting of an event is the sole discretion of the Officer and the requirements of all State and Federal laws as amended from time to time. 13. The SRO shall assist the principal or his/her designee in developing pians and strategies to prevent and/or minimize dangerous situations, which may result from student unrest and emergency situations. 14. Should it become necessary to conduct formal law enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes and Federal law. 15. The SRO shall take law enforcement action as required. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. At the Principal or Principal designee's request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions following the City's SOP's in place. 16. The primary function of the SRO is a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State's Attorney, etc.). 17. The SRO will submit reports and statistical data, as necessary, to include police department generated reports, to include an Agency Case Number, regarding any on -campus incidents for which an SRO or other police officer prepares reports and documents as allowed by State law. IS - The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If 4 82 of 105 there is a problem area, the SRO may assist the school until the problem is solved. 19. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 20. The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be worn with the approval of the unit supervisor. 21. All law infractions will be reported to the school's resource officer by all school personnel. 22. The SRO will be involved in summer activity to include, but not be limited to, juvenile case management, gang resistance education training, cyber -safety training, school safety, participation in the Explorer program, and participation in relevant summer camps. D. The City and each SRO shall only use the information made accessible to him or her by the Charter School in furtherance of this Agreement, and only for the purposes for which the disclosure was made or as may otherwise be required by law. The City acknowledges and agrees that each SRO will have access to Personally Identifiable Information and Education Records pursuant to section 1002.221, Florida Statutes, 20 U.S.C. 1232g, and the federal regulations issued thereto, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. ARTICLE III Rights and Duties of the Charter School The Charter School shall make available to the full-time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's or designee's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. 1. Air conditioning. 2. Computer with Internet access and VPN, or other connection type, required to connect to the City's network and access software programs and network resources. 3. Desk and chair. 5 83 of 105 4. 4 -drawer legal locking file cabinet. 5. 6 -shelf book shelf 6. 2 visitor chairs for counseling and interviews. 7. 1 work table. 8. Office supplies as requested. 9. Phone with local and long distance calling capability. 10. Charter School email address. 11. 1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SRO's be able to communicate with school personnel on their radio frequencies. If the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. ARTICLE IV Financing of the School Resource Officer Program A. The Charter School and the City agree to share in the overall costs associated with the School Resource Officer Program. The Charter School agrees to provide for 50% of the salaries and benefits of the SRO's. Notwithstanding the foregoing, the amount funded by the City for the overall costs of the School Resource Officer Program will be negotiated each year of this Agreement. This does not affect or guide any negotiations the City has regarding its Collective Bargaining unit and those negotiations shall have precedence. B. Any vehicle or equipment leased, rented, or donated to the City for use in the SRO Program shall become an asset of the City and; therefore, will be subject to City rules, regulations, and policy governing use. C. The City in its sole discretion shall provide the appropriate vehicle and equipment to conduct the duties of the SRO. 6 84 of 105 ARTICLE V Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the Charter School. The Charter School and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VI Appointment and Training of School Resource Officers A. Appointment of School Resource Officers will be made solely by the City in accordance with City's policy. B. School Resource Officers will receive training in the following schools: Basic SRO Program. 2. Crisis Intervention Training (CIT). The Sebastian Charter Junior High, Inc. should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference or other SRO Training Programs. If such funding is not available, the expense incurred will be mutually agreed upon by the two entities providing the budget appropriations are available (lodging, food, registration and travel). Expenses to the Charter School shall not exceed a total of $1,000.00 annually for this conference. ARTICLE VII Dismissal of School Resource Officer; Replacement A. In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsibilities, as outlined in F.S.S. 1006.12, the principal shall recommend to the Superintendent who may recommend to the Chief of Police, or designee, that the SRO be removed and shall state the reasons in writing. Upon receipt of such recommendation from the Principal or designee, the Chief of Police and the Principal, or their designees shall meet with the SRO and his immediate supervisors to mediate or resolve any problems, which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. 85 of 105 2. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO shall be removed from the program at the school and a replacement shall be obtained at the sole discretion of the City through consultation with the Charter School. 3. In the event mediation is not sought by the Chief of Police, then the SRO shall be removed from the program at the school and a replacement shall be obtained. B. The City may dismiss or reassign an SRO based upon the Cities rules and regulations. C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of long-term absences by a SRO, the City will provide a temporary or permanent SRO. ARTICLE VIII SRO Schedule A. SRO's will be assigned to each school designated in Article Il from the beginning of the school year to the end of the school year. B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the unit supervisor, if it is overtime. C. When extra -duty details are required by the Charter School, the parties shall ensure that the details are first filled by SRO's. If a sufficient number of SRO's are unavailable or, if the need for extra -duty officers exceeds the number of SRO's, then other police officers shall be authorized to work the detail. D. SRO's shall also be present for summer school programs as mutually agreed upon by the City and the Principal or their designees. ARTICLE IX IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL BOARD'S CUSTODIAN OF RECORDS: Dr. Bill Dodds, 772-388-8838, Bdodds -a,scih.ora, 782 Wave Street, Sebastian, Florida 32958. 1. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all 8 86 of 105 records or other writings made by or received by the parties. The City and the Charter School acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. The City and the Charter School shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the Charter School in order to perform the scope of services. 3. Upon request by the City or the Charter School, either party shall provide a copy of any and all requested public records or allow the requested public records to be inspected or copied, within a reasonable time, at a cost that does not exceed the cost allowed by law. 4. The City and the Charter School shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the Agreement term and following completion of the Agreement if the City does not transfer the public records to the Charter School as indicated below. 5. The City and the Charter School shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the Charter School to perform the scope of services. Upon request by the City or Charter School , all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or Charter School. 6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with this requirement shall result in the immediate termination of the Agreement, without penalty to the City or the School Board. Further, the City and Charter School shall mutually and fully indemnify and hold harmless each other, their officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the City's or Charter School's failure to comply with the requirements of Chapter 119, Florida Statutes. ARTICLE X Termination of Agreement This agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement, but subject to applicable law. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation will be made to the City for all services performed to the date of termination. The Charter School shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. 9 87 of 105 ARTICLE XI Good Faith The Charter School, the City, their agents, and their employees agree to cooperate in good faith in fulfilling the ten -ns of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Principal's Office and the Chief of Police's Office. ARTICLE XII Modification This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged. ARTICLE XIV Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment unless the express written consent of the Charter School and the City is obtained. ARTICLE XV Sovereign Immunity No Waiver of Sovereign Immunity. Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes, or any other governmental immunity by any entity or individual to which such immunity may be applicable. ARTICLE XVI Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. [SIGNATURES TO FOLLOW ON NEXT PAGE] I 0 88 of 105 Signed, sealed, and delivered SEBASTIAN CHARTER JUNIOR in the presence of: HIGH, INC. OF SEBASTIAN, FLORIDA By: Witness Arany Banov, President of Board of Directors Attest: Date Dr. Bill Dodds, Principal Date CITY COUNCIL OF THE CITY OF SEBASTIAN Jinn Hill, Mayor Witness Date Date 11 89 of 105 Cut+ SEBASYM ;;Ms�w HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: August 13, 2019 Agenda Item Title: Approval to Award RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall. Recommendation: Staff recommends that the Council award RFQ #19-05 for the Design Build of an Emergency Generator at City Hall to EAU GALLIE ELECTRIC and AUTHORIZE the City Manager to negotiate a Guaranteed Maximum Price (GMP) for this project. Backqround: The Procurement Division, on behalf of the Pubic Facilities department, requests Council's approval to award RFQ #19-05. The solicitation of this procurement arose because of the need for a backup generator to keep the Police Department and City Hall up and running in the event of a power outage. The RFQ was published on May 24, 2019 with a proposal due date of July 17, 2019. 2 proposals were submitted. On August 8, 2019, a public meeting was held where the committee members met to review and discuss their individual scores. Based on the evaluation criteria scores and their capacity to fulfill the City's requirements for this project, staff recommends that the Council awards RFQ #19-05 to EAU Gallie Electric, Inc. and authorize Staff to proceed with design and negotiations of the cost. If Aqenda Item Requires Expenditure of Funds: Total Cost: To be determined when negotiated. Funds to Be Utilized for Appropriation: Discretionary Sales Tax Reserves Administrative Services Department Review: Attachments: 1. Consolidated Score Sheet 2. Recommended Proposal City Mana?Mt t rization Date: 90 of 105 CM OF E EVALUATION MEETING SCORES - Evaluation Meeting: August 8, 2019 HOME OF PELICAN ISLAND RFQ #19-05 DESIGN BUILD OF EMERGENCY GENERATOR FOR SEBASTIAN CITY HALL FIRM B: Paragon Electric of Vero, Inc. 1 Qualification/Capabilities of the Firm 40% 2 Qualifications of Individuals within the Firm (Project Manager/Architect, etc.) 30% 3 Experience with similar projects and References 30% Total Score 100% Legal Ad: 5/24/2019 Published: 5/24/2019 - 7/17/2019 Bid Opening: 7/17/2019 Planholders: 12 Broadcast List: 184 Proposals Received: 2 5 5 6 m 6.4 � 5 4 d 3.6 Q7 5 Q: 13 3.9 11 15 15 41 13.9 U m m ami Category ci d Y cn M C7 FIRM A: EAU Gallie Electic 1 Qualification/Capabilities of the Firm 40% 10 9 8 27 10.8 Qualifications of Individuals within the Firm 2 (Project Manager/Architect, etc.) 30% 8 9 8 25 7.5 3 Experience with similar projects and References 30% 10 9 8 27 8.1 Total Score 100% 28 I 27 24 79 26.4 FIRM B: Paragon Electric of Vero, Inc. 1 Qualification/Capabilities of the Firm 40% 2 Qualifications of Individuals within the Firm (Project Manager/Architect, etc.) 30% 3 Experience with similar projects and References 30% Total Score 100% Legal Ad: 5/24/2019 Published: 5/24/2019 - 7/17/2019 Bid Opening: 7/17/2019 Planholders: 12 Broadcast List: 184 Proposals Received: 2 5 5 6 16 6.4 3 5 4 12 3.6 3 5 5 13 3.9 11 15 15 41 13.9 91 of 105 - IGALLT - E L F C 7 R i C a ��� Qualification Package For: #19-05 City of Sebastian Design -Build of Emergency Generator For Sebastian City Hall Due: 7-17-19 @ 3:00 pm EST 2012 Aurora Road I Melbourne, FL 32935 T(321)259-2885 I F(321)254-1518 1 1-877-434-5577 FG-Eectric.corn 92 of 105 UU = KALLI 2012 Aurora Road, Melbourne FL 32935 Phone: (321)259-2855 Fax: (321)254-1518 Eau Gallie Electric is celebrating its 71St anniversary in 2019 We are also proud to announce that Eau Gallie Electric has installed more than 820 generators during the past 10 years! COMPANY PROFILE Eau Gallie Electric, Inc is a full service State Certified General Contractor and Unlimited Electrical contractor serving Florida since 1948. Eau Gallie Electric is a family owned and operated certified Service Disabled Veteran Owned Business. Mr. Christopher V. Hughes is the owner and president of Eau Gallie Electric. Mr. Hughes is a graduate of the United States Military Academy at West Point with a degree in Mechanical Engineering. He is also a State Certified Unlimited Electrical contractor, primary license holder for Eau Gallie Electric (EC13003441), as well as a Professional Engineer in the State of Florida (PE74016). Eau Gallie Electric also holds a State Certified General Contractors license (CGC1526728). SERVICES Eau Gallie Electric offers its customers quality specialty contracting solutions, including electrical construction, energy infrastructure, emergency standby power and facilities maintenance services. Our Services Include: > Complete electrical distribution systems Emergency stand-by generators sales, installation, and maintenance from 5 -KW to 6,000 -KW. ➢ Design build applications from conceptual to construction documents > Electrical engineering including signed and sealed documents. ➢ Lighting and electrical upgrade projects ➢ Power upgrades and signed and sealed drawings ➢ UPS, inverter, battery backup, solar systems ➢ NAVAIDS and Communications in support of the NAS Attached, please find a small sample of projects we have completed. More projects, specific details and information is available upon request. 93 of 105 US Department of Veterans Affairs Lake Baldwin VA Medical Center 5201 Raymond St Orlando, FL (407) 629-1599 Contact: Scott Reed, Electrical Supervisor Scott. reed rt,va.aov Complete renovation of hospital emergency power system, including paralleling (1) new 750kW generator with two older existing 600kW generator sets complete with all new 3000A paralleling switchgear. Also includes installation of two 1600A ASCO transfer switches and 1200A panel boards. Included the installation of new 1600A main electrical service to the B&G building as well as new electrical service to the fire pump. Generator accessory installations included retrofit of existing muffler, fuel system, and communication equipment. Temporary backup power was provided to the hospital at all times. 94 of 105 Florida Department of Transportation District 1 Headquarters 801 N. Broadway Ave Bartow, Florida 33830 (863) 519-2461 Contact: Chad Lewis, Facilities Chad.lewisra..dot.state.fl.us Complete design -build project to back up entire 3 story FDOT District 1 Headquarters building which is the central data collection and communications for critical government infrastructure. Project included the installation. of 2000A transfer switch with an 800kW generator with 3000 gallon sub -base fuel tank, site prep and concrete pad, new 2000A electrical service from the utility company, and all necessary engineering design drawings. 95 of 105 Orange County Board of County Commissioners Project Management and Facilities Office 1944 East Michigan St Orlando, FL 32806 Contact: Miguel Sierra PE, Facility Engineer Has since Retired so contact would be: Rich Steiger, Manager of Facilities Management 407-836-7474 Richard.Steiaerrocfl.net. Installation of five generators and other power distribution equipment county wide on sensitive government buildings to include Orange County Internal Operations Building (central data collection for government security access), Orange County Voters Registration building, and three generators inside the Orange County jail complex. Required extensive background checks as well as coordination with security and facilities to ensure no power outages to critical areas. Power was re- routed while main services were integrated with new system so that no disruption of power occurred at the active jail complex (3 locations). Electrical work on critical circuits was also performed on the main service serving the ISS (countywide computer operations and access control) during the renovation of the emergency system at the Orange County Internal Operations building, without service interruption to the county. 96 of 105 K A w 96 of 105 FDOT Orlando — Generator & Main Electrical Breaker Panel Replacement 133 S. Semoran Blvd., Orlando 32801 (386) 943-5512 Contact: Dave Clarke Remove and Replace the existing emergency generator and the main electrical breaker panel at the FDOT Orlando Office Complex located at 133 S. Semoran Blvd., Orlando, Fl. Installed a 600kw generator, 208Volts, 3 Phase, 4 Wire, 60 Hz at 1800 RPM, with a main UL circuit breaker, 2500 amp, CAT EMCP Control panel with safety shutdowns, engine controls and gauges and 2,500 -Gallon, UL 142, FDEP sub base fuel tank. 97 of 105 Florida Department of Transportation Building 5315, Milepost 263 Turkey Lake Service Plaza Ococe, FL 34761 (561)683-4646 x 2301 Contact: Steve Willie, Consulting Engineer Replace 8 existing diesel generators located at various toll booths along the Florida Turnpike in Broward County. Sizes ranged from 35kW to 250kW. Install new l50kW propane generator with 600A SE rated transfer switch at FDOT Highway patrol building in folk County. Job included extensive MOT planning, as well as planned road closures of the Florida Turnpike. 98 of 105 Seacoast Utility Authority 4200 Hood Rd Palm Beach Gardens, FL (772) 219-2944 Contact: John Eason, Consulting Engineer Turnkey installation of new 1500kW generator and main breaker service. Included concrete work, all new louvers, new day tank and fuel piping, new complete 316 stainless steel exhaust system, new roof on the generator building, and new wiring into existing transfer switch. Included removal, refurbishment, and complete functional testing of the 2000A main breaker to the water plant which was performed with no loss of power to active water plant. 99 of 105 Highland County Board of Commissioners, Emergency Management (5 projects) 6850 West George Blvd Sebring, FL 33875 Contact: Scott Canaday, Director 863-381-3686 Complete design build for the installation of several generators at critical 911 communication and dispatch sites. Highlands County EOC project consisted of upgrading existing electrical service to 1200A, addition of 400kW diesel generator with 3000 gallon fuel tank, as well as slab, landscaping, and fuel work. Lake Placid High School project consisted of installing 200kW generator to an existing manual transfer system including concrete and site work (Jessica Lunsford Compliance). Fireman's Field project consisted of building 600kW generator on a trailer to suit current county owned vehicles, as well as installation of 1200A quick connection box on an existing building. Avon Park project consisted of installation of 80kW diesel generator onto existing building. Installation of 150kW at the Highlands County Agricultural Center included the installation of an 800A ATS as well as slab and site work. 100 of 105 EAU GALLIE ELECTRIC REFERENCES JULY 2019 EGE was the prime contractor on all projects listed. OAKVIEW COMMONS @ JOHN KNOX VILLAGE — GENERATOR REPLACEMENT $550,000 Completed: February 2019 Duration: 210 days Scope: Installed 750kw generator, 1600A 3 -pole ATS and 96 -hour diesel tank Mark Otto, John Knox Village 386-775-3840 mottotaiohnknox.com LAKE BALDWIN VA MEDICAL CENTER — GENERATOR REPLACEMENT $850,000 Completed: June 2015 Duration: 180 days Scope: Installed 750kw generator, 3000A custom switchgear, two 1600A transfer switches, 1200A panel, new 1600A main electrical service Scott Reed, US Department of Veterans Affairs 407-629-1599 Scott. Reed &va.qov ;FDOT — ORLANDO HIGHWAY PATROL CENTER - GENERATOR REPLACEMENT $505,222 Completed: June 2016 Duration: 250 days Scope: Installed 600kw generator with diesel fuel tank, 2000A switchgear, new switchboard and ASCO transfer switch Michael Nohr, Florida Department of Transportation not with FDOT any longer; use: Dave Clarke, Florida Department of Transportation 386-943-5512 David. M.Clarke0adot. state. fl, us LAKEMONT VA DATA CENTER — GENERATOR REPLACEMENT $750,000 Completed: June 2016 Duration: 240 days Scope: Installed 600kw generator, 2000A switchgear, 3 bypass transfer switches Scott Reed, US Department of Veterans Affairs 407-629-1599 Scott.Reed(c)va.,aciv 1 101 of 105 ORANGE COUNTY FACILITIES -- GENERATOR REPLACEMENT @ 5 LOCATIONS $1,002,125 Completed: February 2013 Duration: 210 days Scope: Installation of five generators and other power distribution equipment on the following sensitive government buildings: Internal Operations Building, Voters Registration building, and three generators inside the Orange County Corrections Complex. Required extensive background checks as well as coordination with security and facilities to ensure no power outages to critical areas. Power was re-routed while main services were integrated with new system so that no disruption of power occurred at the Corrections complex. Electrical work on critical circuits was also performed on the main service serving the ISS (countywide computer operations and access control) during the renovation of the emergency system at the Internal Operations building, without service interruption to the county. Miguel Sierra, PE, Orange County Facilities Management 407-536-9519 mtquel.sierra @ocfi.net 2 102 of 105 - EAU UALLIF E L E: r T R 1 G Eau Gallie Electric Christopher Hughes, President Licenses Held Electrical Contractor, State of Florida EC13003441 Christopher Hughes Certified General Contractor, State of Florida CGC1526728 Corey Derfuss Professional Engineers, State of Florida Christopher Hughes Liquefied Petroleum Gas License Veteran Business Certification, State of Florida Eau Gallie Electric Other Information Tax ID Number DUNS Number Proof of Insurnace 59-2694842 032253965 PE74016 LA38520 Sihie and ADP attached 2012 Aurora Road I McL'oourne, FL 32935 T(321) 259-2835 I F (321)254-1518 1 1-877-434-5577 EC -Electric -corn 8-31-20 8-31-20 2-28-21 3-31-19 4-27-20 103 of 105 ® I OATE (MWD0IYYYY} A`dRV CERTIFICATE OF LIABILITY INSURANCE 0611 2119 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must Have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riohts to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Aon Risk Services, Inc of FIOrtda Aon Risk Services, Inc of Flonda NAME: I _ 1061 Brickell Bay Drive, Suite #1100 I (PHONE No, Extl: 800-743-8130 I [AIC. Nay: 800-522-7514 Miami, FL 33131-4937-EhAli1L ADDRESS: ADRGOI.Cenler-RAan.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Illinois National Insurance Co 23817 INSURED I INSURER B: ADP TotalSource CO XXI, Inc. 10200 Sunset Drive I INSURER G; Miami, FL 33173 ALTERNATE EMPLOYER I INSURER D: Eau Gallie Electric Inc I ENSURER E 2012 Aurora Rd, Melbourne, FL 32935 INSURER F: COVERAGES CERTIFICATE NUMBER: 2534854 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUCSTED. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMIDDIYYWI (MMIeDlYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES (Ea Dccunence) 5 IMED EXP (Any one person) 3 PERSONAL & ADV INJURY 5 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PROJECT F-1 LCC PRODUCTS - COMPIOP AGG OTHER INED SINGLE LIMIT COM$ AUTOMOBILE UASILiTY Ea accident) $ ANY AUTO - I BODILY INJURY (Par person) 5 _ OWNED SCHEDULED I INJURY accident) S AUTOS ONLY AUTOS BODILY (Per _ HIRED NON -OWNED '€ PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY — - (Per accident) $ — 5 UMBRELLA LIAB _ OCCUR EACH OCCURRENCE 3 — EXCESS LIA13 CLAIMS -MADE AGGREGATE S DEC I I RETENTION 5 WORKERS COMPENSATION kPER X I STATUTE I ERH AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE 71112020 I $ 2,000,000 A ❑ NIA OFFICERIMEMSER EXCLUDED? WC csc371933 FL 71112019 E.L. EACH ACCIDENT I 2,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYkq $ If yes,desnbeunder DESCRIPTION OF OPERATIONS below , F,L.DISEASE-POLICY LIMIT $ 2,000,000 i I DESCRIPTION OF OPERATIONS f LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) All worksite employees working for EAU GALL E ELECTRIC INC, paid under ADP TOTALSOURCE, INC(s payroll, are covered under the above stated pollcy. EAU GALLIE ELECTRIC INC is an altemate employer under this policy. I �I 1 I CERTIFICATE HOLDER CANCELLATION Eau Gallie Electric Inc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEI] BEFORE 2012 Aurora Rd THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN Melbourne, FL 32935 J CCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �L ort [�ie%r {�cl:vfces, Ina o f ��o�tr'.�r� O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 104 of 105 I YY) I DATEEMWDIYY ACC)R" CERTIFICATE OF LIABILITY INSURANCE 9127/201 a THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT NAMp: Ann Watlers She Insurance Group, Inc. PHONE "x916 S. Wickham Rd, 1610, Ns. e,fn. 321 22-78so I r r. NSI 321-724-2063 West Melbourne FL 32944 I ADDRESS: awattersCsihle.com INSURER(Sl AFFORDING COVERAGE NAIL q INSURER A: Westfield Insurance Group 24112 INSURED EAUGALLIN INSURERS: Crum & Forster Eau Gallle Electr'c, Inc. 2012 Aurora Road I INsuRERc: Western World Insurance Ca Inc 13196 Melbourne FL 32936 I INSURER 0: INSURER E : INSURERP•. COVERAGES CERTIFICATE NUMBER. 16087a7088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH)CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PCUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY II POLICY EXP LIMITS LTR TYPE OF INSURANCE IN5D Mm POLICY NUMBER fmmrccYYYY) QIDWYYYYI A X COMMERCIALGENERALUASILITY TRA7877068 1011t2ota 10119019 1 EACHOCCURRENCE $1909009 CLAIMS -MADE a OCCUR DAMAGE RENTED I PREMISES L(Ea occarmneol $ 150,000 MED EXP (Any one Person) $ 500 PERSONAL& ADV INJURY 31,000.1100 GEN'LAGGREGATE LIMIT APPLIES PI I GENERAL AGGREGATE $2,000,000 POLICY ❑ Pj LOC I PRODUCTS-COMPIOP AGO $2,000,000 OTHER'. $ A AUTOMOBILE LIABILITY TRA7877066 1911!2018 1011/2019 COMBNGLELI�AIT fFa acddentl denit $1,cooma _ X ANY AUTO I BODILY INJURY (Perpmun) S OWNED SCHEDULED 1BODILY INJURY (Per accfdent) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED I PROPERTYDAMAGE $ nik PIP 810,000 B X UMBRELLALIAB OCCUR 5811096555 191112018 1012019EACH OCCURRENCE $5,00(),000 EXCESSLIAB CLAIMS-MAOE I AGGREGATE $5,00D,000 OED I I RETENTION $ $ WOKICERS OMPENSATION I PER I I �+ AND EMPLOYERS' LIABILITY IN Y❑ ANYPROPRIETORIPARTNEMEXECUTIVE I E=L. EACH ACCIDENT $ OFFICERIMEMBERE%CLUDED? N !A I tMandatary In NN) E.L. DISEASE -EA EMPLCYF£ $ Use'dasen'ba under SCRIPTIONOFOPERATIONSbelow E.L.6ISEASE-POLICY LIMIT $ A Inland Marine TRA78770611 101V2018 1o1112919 LdasedlRenled Equip $100,900 C Pcl(adOn Liability AHSECC10038-02 10111291B 101112019 Insfeltalinn Floater 535,004 Aggregate (Pollution) 51,690,000 OESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (ACORD 181, Add(tlonsf Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A60VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI7ED REPRESENTATIVE Q� O 1988-2415 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 105 of 105