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Home My WebLink About07-08-2020 CC AgendaINSTRUCTIONS FOR PARTICIPATION USING COMMUNICATIONS MEDIA TECHNOLOGY CAN BE FOUND ON PAGE 5 — PLEASE CONTINUE TO CHECK THE CITY'S WEBSITE AND FACEBOOK PAGE FOR ANY UPDATED INSTRUCTIONS HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 8, 2020 — 6.00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. READING OF CIVILITY PLEDGE 5. ROLL CALL CONTINUED FROM THE JUNE 24, 2020 REGULAR CITY COUNCIL MEETING: 6. NEW BUSINESS 20.077 D. Discussion Regarding the Approved and Codified Recycling Ordinance 0-19-07 pgs 7-9 for the Industrial Zoning District — Per Council Member Parris (Transmittal, Map) 7. CITY ATTORNEY MATTERS pg 10 A. Warrior Salvage Investigative Packet (Transmittal) 8. CITY MANAGER MATTERS 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Council Member Gilliams B. Council Member Hill C. Council Member Parris 20.010 i. Budget Adjustment for Canal Vegetation Removal (no backup) D. Vice Mayor Mauti E. Mayor Dodd 11. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 12. 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. A. Proclamation — Treasure Coast Waterway Clean Up Week — July 19-25, 2020 1 of 113 Brief Announcements 13. 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 hislher hand to be recognized. pgs 11-19 A. Approval of Minutes — March 18, 2020 Regular Meeting (with verbatim requested at May 141h meeting) pgs 20-33 B. Approval of Minutes - May 14, 2020 Special City Council Meeting pgs 34-48 C. Approval of Minutes — May 18, 2020 Continues Special City Council Meeting pgs 49-60 D. Approval of Minutes — June 10, 2020 Regular City Council Meeting 20.012 E. Approve Bill of Sale of Utility Facilities to Indian River County for Pickleball Complex pgs 61-66 (Transmittal, Agreement, Warranty, Estimate, E-mail) 20.087 F. Award ITB #20-06 to Chapco Fence, LLC to Replace the Fence at the Barber Street pgs 67-83 Sports Complex Baseball/Softball Fields in the Amount of $58,481.38 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Bid Tab, Bid Form, References, Agreement) 14. 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. 20.048 A. Parks and Recreation Advisory Committee pgs 84-96 (Transmittal, Applications, Ad, List) i_ Interview Unless Waived, Submit Nominations for Two Expired Regular Member Positions ii. Interview Unless Waived, Submit Nominations for One Expired Alternate Member Position 15. PUBLIC HEARINGS - None 16. UNFINISHED BUSINESS 20.063 A. Approve Resurfacing of Clay Tennis Courts at Friendship Park by Welch Tennis pgs 97-108 Courts, Inc. in the Amount of $23,300 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Clay Quotes, Asphalt Quote) 17. 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. 2 of 113 18. NEW BUSINESS 20.010 A. Approve Piggyback for One -Time Wetland Maintenance Using South Florida pgs 109-113 Water Management District's Contract #4600003457 with Lake and Wetland Management in the Amount of $25,782 and Authorize the City Management to Execute the Appropriate Documents (Transmittal, Rate Sched, Intent, Contract Rate, Resolution) 19. CITY ATTORNEY MATTERS 20. CITY MANAGER MATTERS 21. CITY CLERK MATTERS 22. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Gilliams E. Mayor Dodd 23_ ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR, CINDY WATSON AT 388-8222 — cwatson(a)citvofsebastian.orq AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 3 of 113 Future Council Meetina Dates: July 22, 2020 - Regular City Council Meeting - 6:00 pm August-12,-2020_-R--egular-City..C-Gunci#.Meeting Cancelled to Accommodate Early Voting August 26, 2020 - Regular City Council Meeting - 6:00 pm September 9, 2020 - Regular City Council Meeting - 6:00 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02 Regular Citv Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments),- ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special 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. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input 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 4 of 113 Ways To Do Public Input As of May 14th, 2020, all upcoming board and council meetings held by the City of Sebastian can be held by Virtual Meetings. Some or all elected officials or board members may choose to participate through video conferencing and members of the public will be provided with several options to participate in the meeting. These meetings will be broadcasted live on Comcast Channel 25, ATT Channel 99, the City's website (www.cityofsebastian.org/live), Facebook (https://www.facebook.com/cityofsebastian/live), UStream (https://video.ibm.com/channel/channel25), YouTube (https://www.youtube.com/sebastianflorida/live). For members of the public to participate in these virtual meetings, they will have the following options: To participate in Virtual Meetings (NOT INCLUDING ANY QUASI-JUDICIAL HEARINGS) please use the following methods: 1. Maximum Densitv Capacity as allowed by the Governor DeSantis Executive Order Number 20-52 & 20-112 Meetings will be conducted in accordance with the Governor DeSantis Executive Order Number 20-52/20-112. Thus, members of the public that want to be heard will be able to do so. Because of social distancing guidelines, there are only 26 seats available within the city council chambers. These seats will have ADA preference given to them. Additionally, will be no available seating in the atrium (Lobby). There will seating will be available outside of the city hall in the courtyard with a television and speakers. Please see a member of staff, when you arrive, if you are planning on speaking or need anything relating to ADA at least 48 hours in advance. All public speaking will be done inside the chambers using a special microphone setup that will allow public input while making sure that there are no surfaces to be touched. In order to provide an orderly manner of input, we will be giving out numbers. These numbers will be called in order so that we can allow people to queue (line-up) while maintaining appropriate social distancing. There will be marks on the floor where someone can stand while waiting for their turn. At all times, members of the public must strictly adhere to the mandates of EO 20-83 and must keep the appropriate social distancing of a minimum of six (6) feet at all times. The City will NOT be providing any face coverings, please bring your own. 2. Zoom Webinar - Audio Participation Possible During The Meetinq Via the Zoom.us Application (must be installed on computer or phone) When the agenda is published, the Zoom.us information should be included with it, as well as it being listed with the agenda on the city's website. This information will include a link will be provided for those who wish to view or participate in virtual meetings in a timely manner. There will also be telephone numbers. You can dial any of the numbers provided with the zoom information, and then entering the Webinar ID for the meeting when prompted. The Webinar ID will be provided in a timely manner for upcoming virtual meetings. You are invited to a Zoom webinar. When: Jul 8, 2020 06:00 PM Eastern Time (US and Canada) Topic: City Council Meeting Please click the link below to join the webinar: httys://us02web.zoom.us/i/81583002799 Or iPhone one -tap : US:+19294362866„81583002799# or+13017158592„81583002799# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 815 8300 2799 International numbers available: httDs:Hus02web.zoom.us/u/kwvGlniZP 5 of 113 Attendees may be allowed to speak, when called on, by raising their hands (via the app or by pressing *9 while dialed in) and then waiting for permission to speak. More information can be found on the City's Website at http://www.cityofsebastian.org/images/ZoomTipsRaiseHand- 1587151643835.pdf More instructions may follow as needed. If you are having issues with the online virtual meeting, please contact us at 772-388-8226 or email us at costs@costv.cityofsebastian.com and we will attempt to assist you. Please visit the website for detailed instructions on how to provide public comment using any of the previously mentioned options. 6 of 113 Cfi1 F SEBASTN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council MeetinLFDate: 24 June 2020 Asenda Item Title: Discussion (per Councilmember Parris) regarding the approved and codified Recycling Ordinance 0-19-07 for the Industrial Zoning District Recommendation: Consideration of approved recycling uses within the Industrial Zones of the City of Sebastian Background: Staff has prepared the following information for consideration to allow "motor vehicles" to be allowed as part of the recycling ordinance: 1. A change in the City Comprehensive Plan Future Land Use (FLU) Element; Industrial Land Use (IND) will be required in order to change the Recycling Ordinance allowing for "salvage yards and junkyards" in the City limits. a. The City of Sebastian Comprehensive Plan Objective 1-1.5: INDUSTRIAL LAND USE (IND) states that "salvage yards,...shall be prohibited"; b. And, According to 49 USCS § 30501 [Title 49. Tran.Sportation; Subtitle VI. Motor Vehicle and Driver Programs; Part A. General; Chapter 305. National Motor Vehicle Title Information System], salvage vard means an individual or entitv enzaRed in the business of acouirina or owning salvage automobiles for: (A) resale in their entirety or as sn_ are Darts; or (B) rebuildine_, restoration, or crushing. 2. Following the change in FLU Element for IND, two Ordinances will require modification or deletion from the City Land Development Codes. a. Section 54-2-5.6 Industrial District (IN) provides that "salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian"; b. Chapter 86, Solid Waste. ARTICLE III. Junk, Sec. 86-46. - Definitions. Provides a clear definition of "Junk" which is prohibited within the City. (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, ... ... ...A motor vehicle shall be deemed to be a motor vehicle which is incapable of 7 of 113 locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. Therefore, further modifications to the existing Recycling Ordinance that includes the ability to recvcle iunk vehicles and allows salvage yards within the Citv of Sebastian would first require a modification to the Comprehensive Plan which could occur during the current update. The PZ Coinmission/Local Planning Agency will be reviewing the Future Land Use Element at the July 30, 2020 meeting. The Comprehensive PIan process should be complete by March or April 2021. Modification to the Land Development Code as presented above will require three (3) public hearings, one with PZ Commission and two with City Council, which may occur simultaneously. Therefore, best guess June or July 2021 would allow for Recycling of motor vehicles within the City of Sebastian. City eager A ahort ation: J Date: 24 Tune 2020 8 of 113 Zorn Districts HOME OF PELICAN ISIACITY Y L STLANy FL �,y. t � }Jf q. ' •' � *'�; e'i' ., zol�INa wslRiCY .: C` (�;, !'� � •.r ' d .' y. r ..�� ,wv^>t a hMleeml YockSoo W I y p `�® t-I Z y 9 A0. S Ce�.w,m G.wdLCGI Csl.>nwkNl`.w.e fCLl ve ��{�`LanrnprmlRlwr4erR ICRI '!v` _mow{!_. �Y . LkX2 Ag wl,..,eloNws'.aem per IQ•,191� In lwl �•A7/ TVs R " _ Caw.....d Rknr.a chl 6e. Ie�O Cy cYaxfa l{pr� Y♦pnep W L1... FPLIWJH, I �-. �, 2 RooanlCN PW—d L"b+o_'q-"+i'11 JD-Rt r r §� S -' � GacNortfel lestlr llaen S.Il ec i4 .117 ® - ILL .. I - ' Ate' vMN Eq`er ImJOIOW R] (fit=-4LI !�l - _ i _ Ro-e.aarmal C•dY R/s lBliv; �i- DU�Q t _ -- Roxb JLa.g�wFp.{p sauYGmu iY IR6101 - 1 i Rfg7�E��% !. l } Imo>ml,s�s„�+.oek lmcAwa RZ lRsm Mks PS pum i�ISE OPt � t . PPPtl •p Y RSO '. f 4 aFYi�tEEY iY �'yY11t[fttl�`= -L n - 1LN"Y-t-' Sy . XJVV��Oct o P 1 �j cc } RMH PS tip y I - ��YFAXLII30 iA�:'}I "WHG �YAht AV i IEiM 6R MW p�c-R arm ST ierii ar. RC Al eim oil t car sa I nle el.n MS,j/IM1f._41RM , �. y,u.. �_ • i �.,.,, i, i, .,,,.,,i ,i ,e, ..i ii�. .� , 9 of 113 t L* E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: June 24, 2020 Aqenda Item Title: City Attorney Matters: Warrior Salvage Investigative Packet. Recommendation: For City Council to review and if necessary, to give further direction to staff Background: The Warrior Recycling Site Plan Application stems back to the Fall of 2017. On or about November 06, 2017, MBV Engineering submitted a Conceptual Plan for "Cook Recycling Facility". Several meeting occurred between staff and the Applicant's representatives to get additional information. On May 04, 2018 a Site Plan was submitted for "Warrior Salvage & Recycling. The Site Plan was forwarded to Consulting City Engineer and jurisdiction agencies for review, including a Traffic Impact Statement. Several emails were sent between the parties asking for additional information, including floor plans and elevation. Finally, on February 19, 2019, a Revised Site Plan was submitted for "Warrior Salvage & Recycling. On April 23, 2019, a Site Plan denial letter was sent to the Applicant. On May 06, 2019 the Applicant's representative responded to the city and changed the name to "Warrior Scrap Metal", removing the word "salvage". They stated in their letter that "no materials remain on site and that all is removed regularly." Further they stated that "Warrior Scrap Metals is a purchase and resale scrap metal business." Several meetings occurred between the parties and on July 17, 2019, a Revised Site Plan #2 was submitted again for "Warrior Salvage & Recycling." During this time, Staff prepared and presented Ordinance 19-07 to the P&Z Board which voted to recommend it to Council. 1st and 2nd readings and public hearings were held on November 20, 2019 and December 11, 2019, respectively. After being tabled, Ordinance 19-07 passed 4-0 by City Council on January 8, 2020, thus, creating a Recycling Facilities as a conditional use in the IN Zoning District, excluding vehicles. As a result, on January 24, 2020, Ms. Rebecca Grohall emailed the city stating that "Warrior Recycling still would like to continue on with the site plan application and conditional use with the understanding that recycling text amendment did not include recycling cars." Accordingly, Staff was moving forward with the site plan application and waiting for some additional information, revised plans and/or direction from MBV or the applicant. If Agenda Item Requires Expenditure of Funds: NIA Under Separate Cover: 1. Binder: City's Packet & Warrior Salvage Packet 2. City Attorney's Email Thread City Manag/eAuthorization Date: �! ' P /�i°,d 10 of 113 Cm Of SEBAS-TLkN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, MARCH 18, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. Rev. John Gill, Sebastian United Methodist Church, gave the invocation. 3. Vice Mayor Mauti led the Pledge of Allegiance. 4. Vice Mayor Mauti read the Civility Pledge WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES. WE WILL AVOID PERSONAL ATTACKS. Mayor Dodd said they were operating under guidelines established by Governor DeSantis. Mayor Dodd assured the public that we chose to have the meeting to deal with some of the business items and the City is coordinating with the County and Governor's office. In an attempt to aggressively attack the COVID-19 virus, governments have been directed not to have groups more than 10 but tonight the City is going to provide public access through the City's Facebook page where Council can answer questions from the public. He invited the public to go to the City of Sebastian.org sign up for emergency link and fill in information to receive updates. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Police Chief Michelle Morris Police Captain Dan Acosta Police Officer Kendall Holycross 11 of 113 Mayor Dodd said he signed a Declaration of Local Emergency in concert with Indian River County on Tuesday and the City was operating under the guidelines of the President and Governor DeSantis. He said the meeting was being held to deal with some items that needed to be addressed. He noted that municipalities are prohibited from having groups of more than 10 people in a gathering on any government property hence the limit to the access of the meeting. He invited the public to sign up for emergency alerts on the City's website to receive notices on their phones and e-mails. The City Manager said they were all cognizant of social distancing and some of the things that have been put into place to prohibit the spread of the disease included on-line permitting, setting up electronic participation for public meetings, installing barriers to protect staff, supplying disinfectant wipes/hand sanitizers to wipe down common areas, limiting/postponing the inside inspections of home improvements, cancelling garage sale permit requirements, cancelling City sponsored events, cancelling events in the City's facilities, and the closure of the Splash Pad. He has been participating in daily conference calls with the County, other cities, and the state and federal governments. The City is following the CDC and Florida Department of Health's guidelines. Mayor Dodd said it was within their purview to cancel the April 81h Council meeting. There was no objection from the other Council Members. Verbatim as requested at May 141h 2020 meeting: Dodd — ok the April 8 meeting closure it's within the purview of the city manager to actually do that but he wanted to make sure we don't have any issues with that. I think it's an appropriate thing to do. We've had, I don't know if any of you have or not, but I've had lots of e-mails today about why we didn't cancel this meeting but I felt like I'm the one working with the city manager that insisted we continue with the meeting cause I felt like that we needed to get together and talk about this as a group and we could do it safely with the social distancing and so forth without a problem so. Any issues with cancelling the April 8 meeting? Hill — no Sir Dodd — cancelling the April 8 meeting. No? All right, so it's cancelled then. So our next meeting is April 22nd. Anything else, anyone have any questions for the City Manager? Hill — Mayor Dodd if I could Dodd —yes Hill - I would suggest that we not only cancel the April 8 meeting but have, not hold a public meeting until the State of Florida lifts its emergency declaration. Dodd —yeah Hill — so, so keep that in mind that just because we get, if in fact the state of Florida extends their emergency declaration beyond April 8 through other meetings, I don't believe it's appropriate for us to be holding a public meeting during these times. Dodd — yes, and the city manager has the authority to actually cancel that April 22 meeting if it turns out the state extends the limits that we have. So he can notify us if it's time to cancel that. March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 2 12 of 113 It's just, I don't want uh -- I prefer not to say cancel until we decide to have a meeting, let's put a date, we have a couple things like on the agenda right now tonight that we need to postpone until a certain date. Hill — right, I understand. So we have to give it a certain date and then we will have to have another meeting. I do feel it's somewhat inappropriate for us to have a public meeting when the state of Florida and we are in concert with the state of Florida is asking people not to get together in public. So I understand why we are here for this purpose and I think it's good for PSA anyway, I think you, uh, it's a great public service announcement, I think it's very appropriate but think we should make the statement that we aren't going to hold a public meeting until the state of emergency has been lifted. I think that would be the appropriate way to show the public that not only are we asking them to not congregate in groups; we're not going to congregate in groups that would require their input. FOl0 •. Carlisle — and we'll, we could address that, like I said we will know closer to the 22nd we will know what we have, if we have to close that meeting. The emergency directive order gives me the power to cancel it without meeting with you all, I could say it's not safe, it's not prudent, it's not in best interest of city and I can cancel it based on our ordinance and the powers that are transferred to me. I can sign contracts, bills. Hill — right Carlisle - we have new council members; they haven't been through this, we want to make sure there's opportunity for them to under the process and that we aren't trying to do something underhanded or trying to do something subversive, so we're were going to do what's prudent for the City. I've been entrusted with this power. I hope that everyone on the council trusts that I'm gonna do what is in the best interest of the City, I'm not going to take advantage of that at all. Hill — there's a couple of things there and I agree with you 100%. The fact of the matter is that the emergency declaration has afforded you the power to run this city and to do, make the decisions that are necessary to. Secondly, I would say that if in fact you were to do something that I seriously doubt and I would bet the house against, you do something inappropriate, you'll face those measures when we get back to the meetings. Carlisle — that's correct Hill - and the third thing, uh, there was a third thing. I'm starting to get Bidenitous there. But, but no, so those two things by themselves, you have the extraordinary power to, to make all the decisions, to make the expenditures, to approve the expenditures that are budgeted items, us even those that are not under emergency situations so. And there's no better person that I would rather have at that helm or with that power than you, uh, so I am very comfortable and I hope that the citizens of this community are very comfortable that we have an incredibly capable uh city manager who is going to be able to take us through this, guide us through this and he's the one with the brains, not the people up here so we have him to run the City and I am very happy that we have him to do that. Dodd — now you just , you just crossed the boundary, cause he's going to start snickering down there when you said he's the one with the brains not the guys up here so. Chuckles. I don't have any problem with that, I guess we can say is tentatively, we are going to meet on the 22nd March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 3 13 of 113 subject to, subject to the ruling by the city manager related to safety. How's that, does that fit the legal thing that we need to do. Hill — if, if, I'm sorry, if I could, I think that the easy part of this is to follow the guidelines of the state Dodd - yep Hill - because that is what we decided that we are going to do. So if the state still says that we going to have, we would recommend no greater group than 10, my guess is that probably gonna be stay home by then Dodd —yeah Hill - but who the heck knows Dodd — yeah, yeah Hill - but whatever the state guidelines are, so if the state says we shouldn't have a gathering of a group greater than 10 then we shouldn't have a council meeting because at that point we can only allow one person in here at a time, it's great, it's very inconveniencing and we're asking the public to follow the guidelines of the state Dodd -- ok Hill - while we ourselves are not doing that Dodd — as it stands right now, the limit of 10 people expires on April 15, unless the governor decides to extend it and then it's the CDC guidelines of 50 people after that. So if the Governor extends the 10 person limit then yes, certainly we should not have the meeting. Hill- I would be very comfortable with that Gilliams - Mr. Mayor Dodd —yes Gilliams — 1, uh, I feel very uncomfortabie having the meeting today. I think that the public can't be here, I think we should uh, we should put this meeting off. Dodd — Let me go forward and talk about a couple of things first and we will deal with that, how's that Gilliams — how far are you going to go Dodd — I am just going to go to the next item Gilliams — ok March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 4 14 of 113 Dodd --ok, any other questions for the City Manager. Let me turn my, get my thing back on here so I can find out if anybody on Facebook have sent any questions in. Apparently not. Umm there's someone typing right now on Facebook. He reads his screen --Everyone is on Facebook, no questions at this time. All right thank you guys. In order to have this meeting, given the rules we are working under End of Verbat'fm Council Member Hill suggested they wait to hold any future meetings until Florida lifts the State of Emergency noting the City Manager has the power to make necessary decisions to run the City. Mayor Dodd said the limit of 10 people expires April 15 unless the Governor decides to extend it. Council Member Gilliams said he was uncomfortable holding the meeting because the public was not present. 6. AGENDA MODIFICATIONS Mayor Dodd suggested they make for following agenda modifications to go forward with the meeting: • bypass the proclamation section • bypass Item 8-Public Input because they can't have more than 10 people in the room • convene the public hearing for Item 9 and postpone it until the next meeting • He noted as long as no one wanted to pull something from the Consent Agenda it could be approved, if an item was pulled if would have to wait until the public could give input • pull Item 13-Committee Reports • MOTION by Council Member Hill and SECOND by Council Member Gilliams to move Item 15-Unfinished Business -Concrete Services up to the Consent Agenda as Item 7f • Pull New Business Items 16a-Quarterly Budget Report and b-Retail Strategies, LLC Agreement Mayor Dodd noted Items 16c-Wright Construction Group Agreement and 16d-Emergency Air Conditioner Purchase could not be considered because there should be public comments. Council Member Hill suggested the items be added to the Consent Agenda. Council Member Gilliams was opposed to moving these items to the Consent Agenda. There was a unanimous voice vote to approve the bulleted changes suggested by Mayor Dodd. 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. 20.042 A. Proclamation — Red Cross Month, March 2020 — Coast to Heartland Community Volunteer Leader March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting S 15 of 113 20.043 20.044 20.031 B. Proclamation — Procurement Month, March 2020 — Ann -Marie Fraser, CPPB, MBA, Procurement and Contracts Manager C. Announcement of New City of Sebastian Police Chief, Captain Daniel N. Acosta upon Retirement of Police Chief Michelle Morris D_ Presentation of Fiscal Year 2019 Comprehensive Annual Financial Report (CAFR and Annual City Audit by City Auditor, Rehmann Robson (Transmittal, Audit available at http://www.cityofsebastian.org/city-financials) 8. PUBLIC INPUT Mayor Dodd recessed the City Council meeting at 6:23 p.m. and convened the Board of Adjustment Meeting. MOTION by Mr. Hill and SECOND by Ms. Parris to postpone items a and b; and defer to the City Attorney for direction on when they can call item b. The City Attorney advised that the motion should be to postpone item 9b and continue item to the April 22 meeting subject to any further restrictions from Governor DeSentis' office; then the item can be further postponed to a date to be determined. Mr. Gilliams asked the reason for postponing the hearing. Chairman Dodd stated they could not have an uninhibited public comment under the rules they were operating on. The City Attorney advised that all land use and quasi-judicial matters should be postponed. Chairman Dodd said he did speak to Mr. Scozzari earlier in the day and he understood the need to postpone the hearing. Mr. Hill asked to cease any code enforcement action on the property until the hearing be part of the motion. The City Manager said he was not aware of any code enforcement issues with the property. Mr. Gilliams said he thought the whole meeting should be postponed. Chairman Dodd said if there was no meeting tonight and no action was taken on the hearing, the City would have to go through the entire notification process again. Chairman Dodd said he was comfortable going forward since the meeting is on the television and Facebook. Ms. Parris said she thought it was important to let the public know they were having the meeting and concerned about the situation. Vice Chairman Mauti said he was uncomfortable moving forward with any of this right now. Roll call: Vice Chairman Mauti -nay Mr. Gilliams -nay Mr. Hill -aye Ms. Parris -nay Chairman Dodd Chairman Dodd announced the motion failed to postpone the hearing. He closed the meeting at 6:29 p.m. and stated the entire agenda would be moved to the next meeting. March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 6 16 of 113 9. Recess Citv Council Meeting and Convene as Board of Adiustment A. Approve January 8, 2020 BOA Minutes B. JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOTS 27 & 28, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED AT 1401 THORNHILL LANE, ARE REQUESTING VARIANCES TO ALLOW AN EXISTING DETACHED GARAGE LOCATED ON LOT 26 TO BE UNIFIED TO THEIR RESIDENTIAL PROPERTY. THE DETACHED GARAGE IS SETBACK 26.1 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES TO BE LOCATED BEHIND THE FRONT SETBACK OF THE HOUSE, WHICH IS 29.8 FEET. THE DETACHED GARAGE IS 20 FEET IN HEIGHT, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED THE HEIGHT OF THE HOUSE, WHICH IS 15 FEET. THE DETACHED GARAGE IS 1,728 SF IN SIZE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED 1,000 SF MAXIMUM. THE DETACHED GARAGE IS CONSTRUCTED OF YELLOW CORRUGATED METAL, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES OVER 750 SF IN SIZE TO BE OF THE SAME COLOR AND MATERIALS OF THE HOUSE, WHICH 1S GRAY STUCCO. (PJ Ad 31412020) (Transmittal, Report, Ex A-F, Application, Notice) 10. Recess Board of Adiustment and Convene as Communitv Redevelopment Aciencv A. Approve February 26, 2020 CRA Minutes B. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Accept and Forward to City Council (Transmittal, Report) 11. Adiourn Communitv Redevelopment AQencv Meeting and Reconvene as Citv Council 12. CONSENT AGENDA A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting 20.045 C. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Acceptance by City Council (Transmittal, See Pages 45-61 for Report) 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 20.047 E. Approve the Distribution of Sebastian Police Department Forfeiture Funds to the Substance Awareness Center in Accordance with FS 932.7055 (Transmittal, F. S.932.7055, Letters) March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 7 17 of 113 13, 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. 20.048 A. Parks and Recreation Advisory Committee (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member - Position to Expire 5/31/2021 20.049 B. Natural Resources Board (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member - Position to Expire 7/1/2022 20.010 C. Integrated Pest Management Parks Update (Transmittal) 14. PUBLIC HEARINGS - None 15. UNFINISHED BUSINESS 20.038 A. Approve Concrete Services with Tim Rose Contracting, Regrading Capital Project - Price Sheet) 16. NEW BUSINESS under the Concrete Construction Service Agreements Inc. for the New Pavement Culvert Replacement/Swale Not to Exceed $40,000 (Transmittal, Minutes Excerpt, 20.050 A. Resolution No. R-20-04 - Accepting the 15t Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY19120 Annual Budget (Transmittal, R-20-04, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 20.051 B. Presentation by Retail Strategies Alabama, LLC - Sarah Beth Thornton, Business Development Approve the Piggyback to City of Lauderdale Lakes RFP No. 19-3410-18R for a City - Wide Retail Trade Analysis and Marketing Plan using Retail Strategies Alabama, LLC in the Amount of $40,000.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Experience, Schedule, Agreement, Notice, Lauderdale Lakes Document) 20.052 C. Approve a Pre -Construction Services Agreement with Wright Construction Group, Inc. (RFQ #18-09) for the Design Build of the Municipal Garage and Public Facilities Compound near the Sebastian Airport in the Amount of $446,335.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, Proposal, Minutes Excerpt) March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 8 18 of 113 20.053 D. Approve the Emergency Purchase and Installation of (1) HVAC System for the M.I.S. Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quotes, Proposal) 17. CITY ATTORNEY MATTERS 18. CITY MANAGER MATTERS 19. CITY CLERK MATTERS 20. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Gilliams E. Mayor Dodd 21. 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) March 18, 2020 Board of Adjustment Hearing, CRA & Regular City Council Meeting 9 19 of 113 ill) LN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES THURSDAY, MAY 14, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Special Meeting to order at 6:00 p.m., explained how the Zoom audience would be participating by computer and pointed out the new contactless microphone. 2. A moment of silence was held. 3. Council Member Parris lead the Pledge of Allegiance. 4. Mayor Dodd read the Civility Pledge. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris (via Zoom) Also Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 6. RESOLUTION NO. R-20-06 -- RELATING TO EMERGENCY MANAGEMENT. COVID- 19 — LOCAL GOVERNMENT PUBLIC MEETINGS. QUORUM, PROCEDURES AND OTHER MATTERS (Transmittal. R-20-06) 20.054 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 - LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE The City Attorney read the title to Resolution No. R-20-06. Mayor Dodd stated the Governor's Emergency Declaration provided that government bodies could use electronic means to establish a quorum however it did not relieve the government from the responsibility to allow public input. Through discussion by the majority of municipal attorneys, procedures could be established by resolution to accept input from citizens through electronic means. This resolution provides specific stipulations on how the City of Sebastian will hold public meetings. May 14, 2020 Special City Council Meeting 1 20 of 113 7 9 MOTION by Council Member Gilliams and SECOND by Council Member Parris to approve Resolution No. R-20-06, Roll call: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Motion carried. 5-0 AGENDA MODIFICATIONS - None PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Brief Announcements 5125120 - Memorial Day Observance in Riverview Park Cancelled Mayor Dodd announced the Memorial Day celebration was cancelled. He also announced Sebastian is one of the top responders to the 2020 Census and encouraged the public to continue to respond. 9. PUBLIC INPUT The City Attorney advised that everyone that would participate through the communications media technology (CMT) pursuant to the Governor's Executive Orders 20-69, 20-112, and 20-114. Municipalities may conduct Council meetings without having quorum of its members present physically; and at any location, utilizing CMT. He wanted the public to know the agendas will be published ahead of time of the meetings as well the ways to participate. He also cited Executive Order 20-112 which states groups greater than 10 shall not congregate in a place that does not allow the appropriate social distancing but pointed out the arranged room and courtyard provides for compliance with the order. He encouraged anyone with questions or special accommodation to contact the ADA Coordinator. Christopher Nunn, Sebastian, thanked Mayor Dodd, Council Member Hill, the City Attorney and Manager for their hard work and leadership. He said during the state of emergency some despicable things have transpired and as a result a local group of residents want competent and moral leadership for the City. Council Member Gilliams asked the speakers to give their name and address to determine if they were residents. Timothy Cale, Sebastian, read a statement from Annie Tally which said out of the total number electors that voted for Mr. Gilliams, only 8-9% of the total registered voters put him in office; she was asking him to resign. Mr. Cole thanked Mayor Dodd for his calmness and integrity. He noted that as elected officials, Council Members Gilliams, Parris and Mauti worked for him and they were fired. Sharon Herman, Sebastian, said citizens are out of work, businesses have lost income, tax collection is down, there is decreased spending and on the other hand there are increased City expenses to provide protection from the coronavirus in addition to attorney's fees due to the recent Council Member's actions; she asked how much revenue the City is losing. May 14, 2020 Special City Council Meeting 2 21 of 113 Mayor Dodd cited the meeting procedures from Resolution No. R-20-02, Section 8(B)(3) personal, impertinent, and slanderous remarks are not allowed and asked the audience to talk about issues or topics as they address Council. William Flynn, Main Street, thanked the Mayor and Attorney for the fantastic job over the years. He asked what the emergency was to hold tonight's meeting; he stated the residents deserve better. Victor Young, Ash Street, stated he is a member of concerned Sebastian voters who are afraid to speak but they are watching all actions and behavior of the members. He stated because of their Sunshine Law violation, Council Members Gilliams, Parris and Mauti will soon be removed from office. He asked them to resign and save the City the expense. Charles Stadelman said what they are experiencing is a failure to communicate that ends up in a failure of what they are trying to accomplish. He asked what their reason was to for their failure to communicate. Woody Tally, Sebastian, said while Florida is under a state of emergency, Council Member Gilliams had to lock the doors to become mayor (on April 22). He noted when someone locks the door it means someone is doing something wrong; he appreciated his right to speak. Council Member Gilliams stated the doors automatically locked. Mayor Dodd noted he was at the April 22 meeting and the doors were locked. Because of pending litigation, further discussion discontinued. Elizabeth Best, Easy Lake, said she was at the April 22 meeting where the actions of three council members on demonstrated the disrespect for the institution of city council and self-serving motivation. She encouraged the members to put aside their differences and serve the 25,000 people they represent who do not want the City Manager, City Attorney and Mayor to change. She asked them to resign before they are removed. Kim Jones, resident, stated Sebastian was her town and how dare the coup overtake their speaking ability; she will stand firmly to make sure they won't take it over. Vicky Tunker, Sebastian, said at the March 18 meeting every Council Member agreed if the State of Emergency was still in effect there would be no meeting; April 22 didn't work out that way and she was very ashamed. She applauded the Mayor, City Attorney and Manager for their decorum. Steven Housen, Sebastian, said he looked at the agenda which does not deal with any life threatening issues or public peace, he asked why they were there. He said he took offense by a Council Member's e-mail stating the public is not educated and didn't understand how to participate. He said they may be opening the doors for more lawsuits. Michael Frank, Tarpon Avenue, said this is a dangerous time for the world, country and the City; tonight's meeting should not be happening as there was not one emergency issue to be addressed; residents are home trying to protect themselves, while three Council Members try to remove honorable city officials. He asked Vice Mayor Mauti to do the right thing. May 14, 2020 Special City Council Meeting 3 22of113 7:18 pm Judy Bartlett said the State of Emergency should stay in place; the three members are creating more expenses for the taxpayers and asked Council Member Gilliams, Parris and Mauti to resign. Tracey Cole, resident, said she was thankful to see the Council Members face to face to let them know she is disgraced by their actions. She said she will work 16 hours a day to make sure the residents are heard. Russell Herrmann, 586 Redwood Court, said the three majority members elected last November ran and won on a reformed agenda indicating serious changes were coming regarding the annexation, the canal spraying, and transparency in government decisions. The recall group's attack is a distraction from what matters. Bob Bedea, Sebastian, pointed to his shirt that said "Be Love" and said he hasn't seen love tonight. Michelle Morris asked the Council Members to stop making things personal, stop listening to the people they want to listen to, hear what they want hear --be respectful professional, do what they were elected to do. She asked them not to fire people without cause or limit public input to only residents. She said she loved Sebastian and if they wanted honest answers to questions to look her up, this was their chance to get back on track and do what is right for Sebastian. Andrea Coy, Sebastian, thanked Michelle Morris who gave 33 years of service to the City. In regard to the April 22 secret meeting, she found it remarkable that Council Member Parris was going to be on Zoom but she was there; and tonight she was a Zoom participant. Council Member Gilliams called for a point of order. Mayor Dodd asked Ms. Coy to direct her marks to the chair. She displayed her Army uniform in response to a statement in Council Member Gilliams correspondence regarding the April 22 meeting. (See attached) She described the medals that she has received and stated she would bring the uniform to each and every meeting until Council Member Gilliams apologized. She displayed an arrest photo to which she said was a disgrace. Vera Render, Mulberry Street, said she was ashamed, appalled and outraged at behavior she has seen during the last Council meetings. She asked Council to represent the entire population of the City of Sebastian. Shannon Cook said before purchasing a piece of property in 2017 he asked permission to recycle automobiles on the property and was told it would be allowed but he is still waiting. He requested another chance to be heard to recycle automobiles on his property. Al Manzi, Sebastian, said he has voter's remorse; he was disappointed in Council Member Gilliams and those who follow him. Greg Hepler, owner of the Pelican Diner, resident at 1291 Barber Street, asked why Council wants to terminate the three employees and how much will the termination cost given their severance provisions. He noted there are younger voters watching who consider them childish. May 14, 2020 Special City Council Meeting 4 23 of 113 Christine Vicars, 729 George Street, said she has never seen the nonsense that is going on; Council serves and listens to the people, as well as the community as a whole. She said property owners and seasonal residents should be allowed to speak on all agenda items as there is no feasible way to enforce this. Graham Cox, 1213 George Street, said he has prepared a summary of comments from six state and regional agencies regarding the Graves Brothers annexation. Mayor Dodd advised him not to discuss the matter because of pending litigation. Council Member Gilliams called for a point of order to let Dr. Cox speak. Mayor Dodd asked him to limit his remarks and not discuss the annexation itself. Council Member Gilliams called for another point of order. Mayor Dodd called for a recess at 7:38 p.m. and reconvened the meeting at 7:46 p.m. All members were present. Dr. Cox said he would like to renew the conversation regarding what the future land use could be. (See attached) Kathy Cheshire, Indian River Drive, said she was concerned about small businesses. Trey McGinn, resident, said this can't win the way it's going; the town needs its best team; if we wait for the election it will take 18 months and if it's done nothing else, it has cured voter apathy. Bob McPartlan, said when the illegal meeting was held April 22 meeting, one of the Council Members didn't even take his hat off during the Pledge of Allegiance. He has sent public records requests for the April 22 agenda, correspondence leading up to the meeting and minutes which he has not received yet. Lee Ann Harkins, Cheshire Avenue, recited some scripture and said the reason the people are standing up is because the City is their house and there are people that are trying to overturn what has been peaceful. She asked Council to hear the people. Andrea Ring, Sebastian, said there are two groups coming together that are different in every which way. She asked people to come together and do what the citizens want. ZOOM Input Rick Ferrin said he took personal offense with the remark that residents are uneducated; noted no one was in agreement with the removal of anyone which speaks volumes. He suggested the new members should take some time to learn how procedures work, how the City works and then think about taking the City over with the resident's backing. Right now they have zero support. Ms. Childs said she has been watching for two months and in the middle of the pandemic when people don't know when they can pay their next bills she didn't think it was proper to call this meeting. Robert Stephen said the public is missing the environmental disasters the community has been experiencing; all need to sit down and talk about them. May 14, 2020 Special City Council Meeting 5 24 of 113 8.19 pm William Pelletier, 339 Lobster Terrace, said there are things going on that he didn't agree with; Council shouldn't be wasting time or money firing employees; the childish games don't need to be played. 10. CONSENT AGENDA A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting C. Approval of Minutes — March 18, 2020 Regular City Council Meeting 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 20.058 E. Resolution No. R-20-05 — Adopting the Revised Indian River County Unified Local Mitigation Strategy of 2020 (Transmittal, R-20-05) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. 20.059 F. Authorize the Application Process for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide State Solicitation in the amount of $11,458.00 and Authorize the Mayor to Sign the 51 % Letter for Submission to the County Commission and Approve the Expenditure Upon Grant Award (Transmittal, Notice, Information, Letter) 20.060 G. Approve Emergency Expenditure for Replacement of Asphalt Road Due to 3 d Party Sub -Contractor's Negligence (Transmittal, Settlement, Quote) 20.067 H. Approved a Construction Agreement with Indian River Docks, LLC for an ADA Accessible Dock at the Yacht Club in the Amount of $27,820 (Transmittal, Quotes, Plans) 20.063 I. Approve the Resurfacing of the Clay Tennis Courts at Friendship Park by Welch Tennis Courts, Inc. in the Amount of $23,300 (Transmittal, Quotes) Council Member Gilliams asked to pull items G and I. Council Member Hill asked to pull item C. MOTION by Council Member Gilliams and SECOND by Vice Mayor Mauti to approve consent agenda items A, B, D, E, F and H. May 14, 2020 Special City Council Meeting 6 25 of 113 Roll call: Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Motion carried. 5-0 Item C - March 18 Minutes Council Member Hill read the fifth paragraph page 48: Council Member Hill suggested they wait to hold any future meetings until Florida lifts the State of Emergency noting the City Manager has the power to make necessary decisions to run the City. Mayor Dodd said the limit of 10 people expires April 15 unless the Governor decides to extend it. Council Member Gilliams said he was uncomfortable holding the meeting because the public was not present. Council Member Hill stated at the time, discussion turned to that he would be okay with Council not having meetings until the Governor lifted the 10 people per meeting limit and there were no dissenting views on that. He asked that be included in the record. Mayor Dodd agreed with modifying the minutes. Council Member Gilliams requested verbatim minutes. Council Member Parris said there wasn't a request for a vote. Council Member Hill stated it wasn't an actionable item, the entire beginning of the meeting was the discussion of the Emergency Declaration and the powers that were afforded to the City Manager at that time; it was implicitly included after the discussion that they should not have a public meeting unless the Governor lifts his order of limiting gatherings to ten people or less. Council was silent on that, there was essentially a head nod or you could call it consensus to move forward under that stipulation. Council Member Gilliams disagreed and said verbatim should be transcribed for the record. 8:24 pm MOTION by Mayor Dodd and SECOND by Council Member Hill to table the item and have the Clerk review that paragraph back to the transcript of the meeting and correct it with verbatim passed with a unanimous voice vote of 5-0. Item G - Emergencv Expenditure Council Member Gilliams asked if an engineer will review the asphalt to make sure it conforms to DOT specs. The City Manager said the City Engineer will review the overlay; the company that had the spill was Ground Works. Andrea Coy, Sebastian, asked why there was a deficit. The City Manager said to account for the depreciation of the road, the City and contractor adjusted the price and split the difference. MOTION by Council Member Gilliams and SECOND by Mayor Dodd to approve Item G passed with a unanimous voice vote. 5-0 May 14, 2020 Special City Council Meeting 7 26 of 113 Item I — Friendship Park Tennis Courts Andrea Coy, Sebastian, asked why the City is keeping the costly feature that only benefits a handful of people. MOTION by Vice Mayor Mauti and SECOND by Council Member Gilliams to table this item until they receive some cost estimates of how much it would be to convert to a hard surface. Christopher Nunn asked that the estimates include the court attendant's salary, the on -going maintenance depending on what type of court it becomes. Mayor Dodd asked that the Parks and Recreation Advisory Committee be given an opportunity to provide input as well. Robert McPartlan said looking at all of the costs going forward was a great idea because most of the players were from out of the City. The tabling of Item I to resurface the clay tennis courts passed with a voice vote of 4-1. (Hill -nay) The City Attorney stated anyone that tried unsuccessfully to participate through Zoom could still provide comments for the record through the City's Citizen Request Line. 11. COMMITTEE REPORTS & APPOINTMENTS - None 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS 14. NEW BUSINESS 8:35 pm A. As Ordered by Judge Croom - Case No. 312020CA000275 (Order) Mayor Dodd summarized Judge Croom's ruling (pages 119-120) and noted the City Manager began the process to schedule a meeting for Monday 18 to give staff time to set up the Zoom equipment but in the interim Council Member Gilliams requested the May 14 meeting bringing them to the meeting tonight to address the following items: 20.054 i. Whether or not the Citv Council chooses to keep or terminate the state of emergencv issued by the Mayor (Transmittal, Sebastian's Declaration, Code 2-37, F.S.166.041. E020-112, E020-52) MOTION by Council Member Gilliams and SECOND by Vice Mayor Mauti to terminate the emergency declaration and replace it with a resolution so the state of emergency will continue with the declaration with a few minor adjustments. Mayor Dodd said Judge Croom indicated the declaration was legal and under the Charter the Mayor approves the emergency declaration; and the two options available were to keep the declaration or cancel it. Without it, the City will be the only City out of sync with the Governor's Order and Indian River County's Emergency Declaration and the City will be the only one ineligible to receive FEMA reimbursement for the COVID-19 expenses. He further explained an interruption in a declaration will probably trigger FEMA's unwillingness to reimburse the City for anything after that date. May 14, 2020 Special City Council Meeting 8 27 of 113 9:01 pm He said they could modify the emergency declaration through administrative action but if it is cancelled, those who vote for it would potentially be putting the City in jeopardy for FEMA reimbursement for COVID-19 expenses and putting the City out of sync with the Governor's Emergency Order and Indian River County's Emergency Order. Mayor Dodd advised that on March 9th the Indian River County municipal managers and County Administrator met to pull the trigger on the emergency and continue to meet to discuss how to respond in a unified, consistent manner. The City Attorney confirmed the first thing that has to happen is the President declares an emergency which opens the Stafford Act. Then the State declares an emergency, then the county, then the local governments. The local governments make the request to the County and if they cannot comply with what the local government needs, the County requests it from the State. Mayor Dodd noted the City has experienced success in receiving reimbursement for the hurricanes and suggested they pull the motion and talk about administrative action to modify the declaration. Council Member Hill said the key the FEMA reimbursement, noting he signed the last one for Hurricane Dorian; is that it is imperative to leave this in place. He said the City Manager has the authority to do the day-to-day operations without having Council meet. He did not support the cancelation of the declaration. Vice Mayor Mauti said he is open to hear from the others. Council Member Parris said she had no issues as long as Council continues to meet. Council Member Gilliams amended his motion to not to cancel the declaration but modify it by removing Item G — the cancellation or rescheduling of meeting by the City Manager and attach the resolution drafted by his (personal) attorney. Mayor Dodd asked Vice Mayor Mauti to withdraw his second for the original motion. Vice Mayor Mauti agreed to withdraw his second. Mayor Dodd explained they can't modify the document or it will be cancelled; it can be changed through administrative action. He said he was willing to direct the City Manager not to cancel any further meetings. The City Manager advised item G can be removed and he can resign the document. It takes away the fear that he might try to exercise the powers in item G. The City Attorney said he concurred with the City Manager; they were there to cancel the emergency order or continue; to make changes, the Council would still have control. He was opposed to attaching the resolution drafted by Council Member Gilliams' attorney because the ordinance (code) cannot be changed by a resolution. Council Member Gilliams read some of his resolution (pages 274 and 275). Council Member Parris seconded his motion for discussion. Andrea Coy said Council Member Gilliams' resolution was not an actionable item under his matters. She asked why Council was considering a resolution from Council Member Gilliams and his attorney who is suing Mayor Dodd. May 14, 2020 Special City Council Meeting 9 28 of 113 pm Christopher Nunn said Ms. Coy made all the important points and urged Council to get back to business. _?_ stated the FEMA reimbursement is a lot of money and as a taxpayer he asked why take the risk of losing the reimbursement; keep the order original. For the record, the City Attorney advised that only an ordinance can repeal an ordinance, not a resolution. He reviewed Council Member Gilliams' resolution which can be considered an emergency resolution but would require a four vote if that is the way Council would want to proceed. He said he concurred with the City Manager, the language in item G of the declaration could be modified but Code Section 2.37 could not be changed with Council Member Gilliams' resolution. Council Member Gilliams said his resolution spells out what is to be done when they are under the emergency declaration. Mayor Dodd said all of the items in Council Member Gilliams resolution are in the emergency declaration except for item G; and he was opposed to taking action on an item that was under Council Gilliams' matters. Council Member Parris asked if they removed item G, they would be jeopardizing FEMA reimbursement. Mayor Dodd said it would not. The City Attorney said if this was an emergency resolution, it would require four votes. He advised again that an ordinance can only amend an ordinance and the Judge ordered them to cancel the declaration or keep it. Vice Mayor Mauti said he felt better going with the City Manager's acknowledgment that item G can be removed and the document could be re -signed. ZOOM Participants Mr. Ferrin said he agreed with Ms. Coy; Council Member Gilliams seemed to have his own agenda. He said they should research this thoroughly before pushing ahead. Caroline Alter, Sebastian, said it was unnecessary to vote on something they weren't sure of at this time; they need to move forward. Amy _?_, said the City Attorney advised them not to attach the resolution to the ordinance; she stated they are risking FEMA money. Betsy Connelly said she was against any changes to declaration. She said if something put the document at risk she would call it reckless endangerment. Bob McPartlan said he works for the State of Florida, he has people log their hours they spend on the virus which are reimbursable and he was aware the police officer's hours would be reimbursable and if it is messed with, that money is gone. The City Attorney advised to remove Council Member Gilliams' resolution from his matters to become a voting item they would need a unanimous vote to add it to the agenda to make it an action item. May 14, 2020 Special City Council Meeting 10 29 of 113 Council Member Gilliams withdrew his original motion and made a new MOTION with a SECOND by Mayor Dodd to modify the emergency declaration to remove item G so the City Manager does not call and cancel Council meetings. Roll call: Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - nay Motion carried. 4-1 MOTION by Mayor Dodd and SECOND by Council Member Gilliams to extend the meeting until 10:00 p.m. passed with a unanimous voice vote. 20.054 ii. Any orders issued by the Citv Manager from the date of the issuance of the declaration of the local state of emergency, and until, shall be submitted to the City Council for review action by the Citv Council in accordance with Section 2-37(2)c of the Municipal Code Items Approved by the City Manager in Accordance with the City of Sebastian Declaration of Local State of Emergency: 20.045 Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 (Transmittal to County, Transmittal, Report) 20.038 Concrete Construction Service Agreement with Tim Rose Contracting, Inc. for the New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 20.053 Emergency Purchase and Installation of (1) HVAC System for the M.I.S. Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 (Transmittal, Quotes, Proposal) 20.061 Microsoft Enterprise Agreement to Connect to Office 365 and One Drive (Transmttal, Agreements) 20.047 The Distribution of Sebastian Police Department Forfeiture Funds to the Substance Awareness Center in Accordance with FS 932.7055 (Letter, Transmittal, F.S.932.7055, Letters) 20.068 Rent Deferral for Cruiser Aircraft, Inc. at the Sebastian Municipal Airport for the Months of April and May, 2020 (Transmittal, Agreement, Letter) 20.069 Indian River County Water and Sewer Connection Fees for the Sebastian Municipal Golf Course Club House, Restaurant, Cart Barn, Maintenance Building and Field Restrooms in the Amount of $29,547 (Transmittal, Invoice) 20.070 Acceptance of a $30,000 FAA CARES Act Grant for the Sebastian Municipal Airport for Any Related Business, to Include Salaries (Transmittal, Grant, History) May 14, 2020 Special City Council Meeting 11 30 of 113 20.071 Continuation of Employee Insurance Broker Services with the Gehring Group for One Additional Year (Transmittal, Letter) 20,031 Continuation of Financial Auditing Services with Rehmann Robson for One Additional Year (Transmittal, Letter) MOTION by Council Member Gilliams and SECOND by Mayor Dodd to approve the items that the City Manager has approved in accordance with the emergency declaration. Council Member Hill asked for a report from the City Manager on each of the items to let the public know that the City has been fully operational during the emergency. The City Manager briefly described each of the items. 20.072 iii. The Citv Council shall determine facts necessary as to whether there was a proper special meeting request by Mr. Gilliams and whether it was irnwooerly denied as a proper reauest for a special meetina and an improper denial would constitute a violation of Article II, Section 2.12 of the Charter. (Transmittal, E-mails, Sec. 2.12, EO20-52) 9:32 pm Council Member Hill quoted the Judge's order, "the City Council shall determine facts necessary as to whether there was a proper special meeting request by Mr. Gilliams, and where it was improperly denied as a proper request for a special meeting and an improper denial would constitute a violation of Article II, Section 2.12 of the Charter." He stated violations to the charter are extreme charges so they should do their due diligence and make sure all of the facts are on the table. He cited sections of Governor DeSantis' Executive Order 20-52. (See attached) He cited Code Section 2-37, the Mayor may declare a state of emergency and the City Manager shall be responsible for the overall emergency function of the City; stressing the City Manager shall present orders that he had issued to City Council at the earliest practical time for ratification, amendment or termination. He noted the Mayor signed the Local State of Emergency Declaration on March 17 and asked a clip of the March 18 City Council meeting play where they discussed his signing of the Declaration and the cancelling of the April 8 meeting. Council Member Gilliams objected to the playback because it was not in the agenda backup. Mayor Dodd denied his objection. Council Member Gilliams asked for a roll call vote to override Mayor Dodd's For the record, the City Attorney stated the Judge has asked Council to gather facts and a roll call vote would be inconsistent with her order. Council Member Gilliams withdrew his request for a vote on Mayor Dodd's objection to his point of order. The March 18 meeting was replayed where the Council cancelled the April 8 meeting and discussed not holding public meetings until the state of emergency was lifted. Council Member Hill stated they discussed the ratification of the declaration with no objection and provided a consensus. May 14, 2020 Special City Council Meeting 12 31 of 113 For the record, the City Attorney stated the Declaration does not require a vote for implementation. Mayor Dodd read #1 of the Judge Croom's order, "The Code of the City of Sebastian is plain and unambiguous and it is unaltered by the current affairs. It does allow the Mayor to declare a state of emergency in times of public emergency. Therefore, the Mayor's act in this regard does follow the law." There does not need to be a vote. He said the only vote that took place on March 18 was to move the quasi-judicial hearing to the next meeting. Council Member Gilliams said the Mayor can declare an emergency but Council has to approve it. He said he will spend more taxpayer's dollars to receive clarification. Council Member Hill said he received the April 22 agenda which included interesting items to which the public would not have the opportunity to speak on; he then read his letter in opposition to holding the meeting. (See attached) Council Member Hill then read Vice Mayor Mauti's April 191h e-mail, Council Member Gilliams' April 2151 e-mail and Mayor Dodd's April 20th e-mail. (See attached) The time was 10:00 p.m., Council Member Gilliams requested the items under his matters be placed under New Business. Mayor Dodd said to move those items there would need to be an agenda modification. He announced this point in the agenda would be picked up Monday, May 18 and he adjourned the meeting. 20.054 iv. The City Council may enact an emergency ordinance(s) under the provisions of Article II, Section 2.13 of the Charter (Transmittal, Sec 2.13) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17_ CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Gilliams (E-Mails, Draft Resolutions) i. Resolution to end the Mayor's Local State of Emergency ii. Resolution to issue Local State of Emergency approved by Council iii. Resolution to conduct Zoom meetings during COVID-19 State of Florida Emergency iv. Resolution to follow decision of Rowe v. City of Cocoa, 358 F.3d 800 (11�h Cir. 2004) and limit public commentary during resolution discussions to City residents only. Non-residents may address the City Council at public comment time end of agenda V. Resolution on approving, denying, cancellation of any contracts entered by City Manager as of 3-17-2020 vi. Resolution to terminate the City Attorney's contract without cause vii. Resolution to appoint an interim City Attorney E. Mayor Dodd May 14, 2020 Special City Council Meeting 13 32 of 113 19. 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) May 14, 2020 Special City Council Meeting 14 33 of 113 in if BAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING HELD MAY 14, 2020 CONTINUED MAY 18, 2020 — 6:00 PM MINUTES CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the continuation meeting of the May 14 to order at 6:00 p.m. He announced that Governor DeSantis has reopened Florida under Phase 1 allowing gyms and restaurants to reopen. He asked the public to go out and support the businesses if they feel comfortable. 2. Mayor Dodd asked for a moment of silence for those who are sick and that have died because of the COVID-19 virus and for first responders, medical personnel and all those that put themselves in harm's way; in addition to those who are suffering economically because of the virus. 3. The Pledge of Allegiance was recited. 4. The Civility Pledge was read. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Also Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams 20.0546. RESOLUTION NO. R-20-06 — RELATING TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS, QUORUM, PROCEDURES AND OTHER MATTERS (Transmittal, R-20-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 - LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 34 of 113 8. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Brief Announcements 5125120 - Memorial Day Observance in Riverview Park — Cancelled 9. PUBLIC INPUT 10. CONSENT AGENDA A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting C. Approval of Minutes — March 18, 2020 Regular City Council Meeting 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 20.058 E. Resolution No. R-20-05 — Adopting the Revised Indian River County Unified Local Mitigation Strategy of 2020 (Transmittal, R-20-05) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. 20.059 F. Authorize the Application Process for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide State Solicitation in the amount of $11,458.00 and Authorize the Mayor to Sign the 51 % Letter for Submission to the County Commission and Approve the Expenditure Upon Grant Award (Transmittal, Notice, Information, Letter) 20.060 G. Approve Emergency Expenditure for Replacement of Asphalt Road Due to 3d Party Sub -Contractor's Negligence (Transmittal, Settlement, Quote) 20.067 H. Approved a Construction Agreement with Indian River Docks, LLC for an ADA Accessible Dock at the Yacht Club in the Amount of $27,820 (Transmittal, Quotes, Plans) 20.063 I. Approve the Resurfacing of the Clay Tennis Courts at Friendship Park by Welch Tennis Courts, Inc. in the Amount of $23,300 (Transmittal, Quotes) 11. COMMITTEE REPORTS & APPOINTMENTS May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 2 35 of 113 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. 12. PUBLIC HEARINGS - None 13, UNFINISHED BUSINESS 14. NEW BUSINESS A. As Ordered by Judge Croom - Case No. 312020CA000275 (Order). 20.054 i. Whether or not the City Council chooses to keep or terminate the state of emergency issued by the Mayor (Transmittal, Sebastian's Declaration, Code 2-37, F. S.166.041, E020-112, E020-52 20.054 ii. Any orders issued by the City Manager from the date of the issuance of the declaration of the local state of emergency, and until, shall be submitted to the City Council for review action by the City Council in accordance with Section 2-37(2)c of the Municipal Code. Items Approved by the Citv Manager in Accordance with the Citv of Sebastian Declaration of Local State of Emergencv: 20.045 Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 (Transmittal to County, Transmittal, Report) 20.038 Concrete Construction Service Agreement with Tim Rose Contracting, Inc. for the New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 20.053 Emergency Purchase and Installation of (1) HVAC System for the M.I.S. Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 (Transmittal, Quotes, Proposal) 20.061 Microsoft Enterprise Agreement to Connect to Office 365 and One Drive (Transmttal, Agreements) 20.047 The Distribution of Sebastian Police Department Forfeiture Funds to the Substance Awareness Center in Accordance with FS 932.7055 (Letter, Transmittal, F.S.932.7055, Letters) 20.068 Rent Deferral for Cruiser Aircraft, Inc. at the Sebastian Municipal Airport for the Months of April and May, 2020 (Transmittal, Agreement, Letter) 20.069 Indian River County Water and Sewer Connection Fees for the Sebastian Municipal Golf Course Club House, Restaurant, Cart Barn, Maintenance Building and Field Restrooms in the Amount of $29,547 (Transmittal, Invoice) 20.070 Acceptance of a $30,000 FAA CARES Act Grant for the Sebastian Municipal Airport for Any Related Business, to Include Salaries (Transmittal, Grant, History) May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 3 36 of 113 20.071 Continuation of Employee Insurance Broker Services with the Gehring Group for One Additional Year (Transmittal, Letter) 20.031 Continuation of Financial Auditing Services with Rehmann Robson for One Additional Year (Transmittal, Letter) CONTINUE HERE: Mayor Dodd asked that as each member presenting their facts to submit their reference material to the Clerk for the record. 20.072 iii. The Citv Council shall determine facts necessary as to whether there was a proper special meeting request by Mr. Gilliams and whether it was improperly denied as a proper request for a special meetinq and an improper denial would constitute a violation of Article 11, Section 2.12 of the Charter. (Transmittal, E-mails. Sec. 2.12. E020-52) Council Member Hill's Findings of Fact Council Member Hill said he was going to start at the beginning because it's important when they have accusations against anyone for Charter violations that is something to take serious. He read this title of the Judge's order and stated he was going to do this as a time line issue. He read the attached highlighted sections of the attached following documents: Governor's Executive Order 20-52 City Code Section 2-37- Public Emergencies; Mayor to Declare States of Emergency The City of Sebastian Declaration of Local State of Emergency He played the March 18 City Council meeting where Council discussed the cancellation of the April 81h meeting and not holding a public meeting until the state of emergency was lifted. (verbatim excerpt attached) At this meeting, Council Member Hill noted the Mayor signed the declaration and the code states the City Manager shall present amendments to Council at the earliest practical time which was the next day, March 18. There was no objection for the City Manager to cancel or postpone the meeting on April 22nd He said Council received the agenda for the April 22Id Meeting on April l Ph while the state was still under the emergency and it was understood if the restrictions were not lifted, Council would not meet. He cited the agenda items which he felt were non -essential for City operations and noted some of the items would require the ability for the public to respond so he drafted an e-mail to the City Manager opposing the meeting. On April 191h, the City Manager received an e-mail from the Vice Mayor requesting the agenda be moved to the next meeting when the public could be present. On April 19th, Council Member Gilliams sent an e-mail to not cancel the meeting. On April 22"', Mayor Dodd wrote an e-mail to request the cancellation of the meeting. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 4 37 of 113 On April 201h, Council Member Gilliams sent an e-mail to request an emergency meeting but there was already a regular meeting scheduled. He noted there are no charter provisions to change a regularly scheduled meeting to an emergency meeting. On April 21", Council Member Gilliams wrote, "... If there is any attempt to cancel this City Council meeting I want to exercise my right for a special emergency meeting within the 24 hour notice. And that also includes the emergency declaration clause as well... " The City Manager responded that he understood but the meeting was not called for. Council Member Hill said the City Manager postponed the April 22nd meeting through an e- mail at 2:35 p.m. and carried all of the items to the next regularly scheduled meeting. Council Member Gilliams responded that he was in receipt of this notice. There was a meeting that took place on April 22 which had nothing to do with the fact finding except all of the Charter Officers were fired, and the Mayor replaced. The next morning the Charter Officers came to work but they did not know their status, and 15 minutes before Council Member Gilliams held a press conference, he asked for a special meeting. He stated the only thing the Officers could do was hire an attorney and try to figure out what is going on. He pointed out the mentality and thinking of the Charter Officers on the 23`d just before his asking for a meeting can't be considered a legitimate request for a special meeting because they didn't know if they were still employed. He understood the reason for them to get an attorney. On Friday April 24, the City Manager wrote to Council informing them that the requested meeting scheduled for April 24 was cancelled as well as all Council meetings until the current restrictions are lifted by the Governor. He stated to the public that Council wants to work for them but in a safe way. On Tuesday, May 12th Council Member Gilliams wrote to the City Clerk to request a meeting and that meeting took place per the request in following the Charter. It is clear there was no violation of the Charter, it is clear that Council wanted to meet, and it is clear that there were some nefarious actions taking place to look try to make it look like there were some violations of the Charter but the facts as laid out show there were no violations of the Charter. Vice Mavor Mauti's Findinqs of Fact Vice Mayor Mauti said that he has not had the time to complete the fact finding. He apologized to the public for the actions he has taken. Council Member Parris' Findings of Fact Council Member Parris said prior to April 22nd it was confusing, she felt strongly that meetings needed to be held, Judge Croom ordered the April 22nd meeting; she was confused about the authority given to the City Manager as far as cancelling meetings. She said she hasn't hired an attorney because she believes she hasn't violated anything. She expected the facts to keep coming to the table so she could get clarification; it is important to continue to hold meetings through communications media technology; she hoped to come to a peaceful resolution. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 5 38 of 113 6:41 pm Council Member Gilliams' Findings of Fact Council Member Gilliams moved to strike Jim Hill's comments. He turned the overhead projector on and began to display documents. (See attached) He said he took the oath to uphold the Charter and the Constitution which is what Council Members Mauti and Parris did. The reason he wants to have meetings during the pandemic is because everybody was having meetings but Sebastian; not having meetings was how they are going to steal power under a false declaration. He displayed the County's emergency proclamation which attaches a resolution to tighten things up so when the power is turned over, the County Administrator follows the details of the resolution which is what he wanted to add to Sebastian's declaration. He said the City Manager became a councilman on March 17'h noting there are certain things he has to abide by such as the Sunshine Law. Mayor Dodd asked him not to make personal comments. Council Member Gilliams said Item G, the cancellation or rescheduling of meetings is not in the County's resolution. He said when he tried to do a special meeting, they didn't want to do it because of the pandemic but it was okay to leave the golf course, pickleball and boat ramps open. He said the declaration would go down in history as a fraud. Council Member Gilliams cited Charter Section 2.06 (b) whereby the Mayor shall preside but not possess veto power. He said that section put him, as well as the City Attorney and City Manager (since the emergency declaration makes him a council member) in violation of the Charter and the Sunshine Law. Council Member Hill asked Mayor Dodd to request that facts be discussed. Council Member Gilliams cited Charter Section 2.12 Procedures. noting he called for a special meeting on April 22 but was denied. He displayed document #5 - Code Section 2.12(c) Voting. noting action of the City Council shall be valid or binding with three affirmative votes. He also displayed the emergency ordinance code stating an emergency ordinance is needed before the next hurricane. He displayed the City Manager's job description noting it states the manager is to work closely with Council, not the Mayor, as determined by the policies and direction of City Council. He displayed the Governor's Executive Order 20-69 which was stamped March 20 dated two days after Sebastian's Emergency Declaration. He suggested the Mayor had direct knowledge that technology meetings would be allowed but he was trying to cancel meetings at the March 18 meeting. Council Member Gilliams displayed Judge Croom's order and stated, 1 was not going let you guys hijack our Charter and our community and not allow us to have meeting so that you can get your business done. I was not going to allow that." He read the Judge's order. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 6 39 of 113 He displayed document 10 - April 201h e-mail from Mayor Dodd asking to cancel the April 22 meeting. Council Member Gilliams said that Mayor Dodd didn't want the meeting because Vice Mayor Mauti was going to ask him to rescind his position as mayor. Council Member Gilliams said if he didn't have the confidence of his peers, he would do the right thing and step down. He displayed the following e-maiis: -Council Member Hill's April 17t� e-mail requesting the meeting cancellation -His April 21" e-mail asking the City Manager to have a special emergency meeting within 24 hours if there was any attempt to cancel the April 22 meeting -His April 2e e-mail putting the officers on notice that he wanted a special meeting on April 22 -His April 19t" e-mail asking that the April 22 meeting not be cancelled -City Manager's 21't e-mail stating he understands the Charter allows Council Members to request emergency meetings -City Manager's April 22 e-mail Council Member Gilliams said there was plenty of notice to advertise the special meeting but he said there was a plan to cancel the meeting three hours before so there wouldn't be time to notice everybody. He displayed two more e-mails. In regard to the void ab initio April 22 Id meeting, he said the public was in attendance, the room was at capacity, the meeting was videotaped, and noted no one was fired —they set up a meeting for Friday to find out why the Regular City Council meeting was cancelled three hours before. He said Buzz Herrmann called him, Vice Mayor Mauti and Council Member Parris to come to City Hall for a rally and when the Vice Mayor came dressed for the meeting, they held the meeting. He displayed an e-mail requesting a meeting for Friday. 7:10 pm He displayed the City Manager's April 241h e-mail stating he was in receipt of his receipt. Council Member Gilliams stated the second request for meeting was cancelled leading to a second Charter violation. Council Member Gilliams described staff's request to extend the Graves Brothers Future Land Use Map which he felt should have been brought to City Council. He displayed his April 2V" e-mail to the City Manager again and stated that the City Manager was under pressure from the Mayor to cancel the meeting because one of the agenda items was to have his position rescinded. He said the cancelation of the meeting should have been done 24 hours ahead out of respect. 7:17 pm He played the March 18th Regular City Council meeting video. (verbatim attached) Council Member Gilliams periodically paused the playback and stated the following comments: -there was no input on the actions implemented by the City Manager, they were done -under agenda modifications, a unanimous vote was needed for additions in regard to the discussion of the Emergency Declaration May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 7 40 of 113 7:52 pm 7:57 pm -the veteran Council Member didn't want to have any meetings but turn everything over to the sixth council member which can't be done without a consensus vote -the state of Florida is asking people not to gather yet the golf course, pickle ball and the boat ramps were open -he said it was wrong that the Emergency Declaration allows the City Manager to cancel Council meetings -there wasn't going to be any discussion on moving the Wright Construction contract to the consent agenda -he was uncomfortable having the meeting because it was a quasi-judicial and there were going to be witnesses During the playback Council Member Hill asked that code enforcement action cease on the property until the hearing. There was a vote on postponing the Board of Adjustment applicant's hearing which failed, leading to Mayor Dodd to close the meeting. Council Member Gilliams said the closure was illegal; the Chief of Police sent Code Enforcement to the applicant's house the next day which was a set up and power was taken from duly elected officials. Council Member Gilliams closed his presentation. Mavor Dodd's Findings of Fact Mayor Dodd read from Judge Croom's order noting this is contrary to what Mr. Gilliams was saying for the last 50 minutes.: 1. The code of the City of Sebastian is plain and unambiguous and it is unaltered by the current state of affairs. It does allow the mayor to declare a state of emergency in times of public emergency. Therefore, the mayor's act in this regard does follow the law. 2. He knew Council had the right to terminate the emergency order when he issued it. 3. The City Manager is responsible for "emergency management" function. He read from the Judge's April 28 Order: 1. The actions of the defendants taken at the subject April 22, 2020 meeting are void ab initio and status quo will be preserved pending the mediation; it was an illegal meeting. Mayor Dodd said there are multiple documents on how City Council operates, Resolution No. R-20-02 establishes procedures for City Council and the Manager shall set an agenda for all meetings. When Mr. Gilliams said on April 19, "If you cancel the April 22 meeting i shall have to call a special meeting," it was more of a threat than a request. On April 20th when Mr. Gilliams said he was going to call a special meeting and he did not include any subject matter, it did not meet the requirement of Resolution R-20-02 to allow the City Manager to establish an agenda for that meeting. On April 21", Mr. Gilliams said, "If there were any attempts to cancel the April 22 meeting he would again request a meeting," with no requested items so an agenda could be adopted. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 8 41 of 113 8:04 pm 8:10 pm He said he could go all the way to April 23`d at 12:45:03 where he requested a special meeting on April 24 to replace the City Manager and City Attorney, he provided a legal request. He also sent an e-mail to the City Clerk to add an agenda item to amend the emergency declaration which should have gone to the City Manager to build the agenda. On April 241h, the City Manager sent an e-mail saying he was cancelling the April 24 meeting which does not constitute a violation of the Charter because under the declaration, item G was in effect which gave him the right to cancel the meeting for the welfare of the citizens. He said he didn't have an issue that Mr. Gilliams asked for a meeting on April 23`d or that the City Manager cancelled on April 24th as both are in the Charter. He said Council Member Gilliams did request a meeting and the City Manager did cancel within his rights which are not a Charter issue. Mayor Dodd said there was no collusion here, on March 18, he was attempting to establish a method of operation for Council to have the quasi-judicial hearing at the next meeting and when it was turned down by Council, he was in a box. He explained that he had a choice because staff had been told if the variance was granted it was going to be challenged. His choice was to hold the illegal hearing or close the meeting. He said if he had an opportunity to work through it, he might have done something different but he was stunned that three Council Members were unwilling to postpone a quasi-judicial hearing that they could not legally have so he cancelled the meeting. He apologized to the public and the applicant. He said Council Member Gilliams talks about oaths of office and asked everyone to remember all of this started approximately at 6:00 p.m. on the 22 of April when three Council Members purported a coup to set up a adjutant government to take over the City; that meeting was a violation of the Charter, Sunshine Law and Open Meetings Law; that's what started this. He said the City received 1500 a -mails on April 22 that closed the e-mail server down; the City Manager was responding not just to a request from him, Council Member Hill and a perceived request from Vice Mayor Mauti but to all those a -mails when he cancelled that meeting. There was no improper action to cancel that meeting; there was an improper action taken at 6:00 that evening when an illegal meeting was held. Mayor Dodd said the extension of the future land use map is a good thing; the annexation is done; what's not done is the future land use map for that property. He noted the opportunity they have to provide input; there are a lot of people who want to talk about it. It was extended a year to get through the Chapter 164 Process with the County during which they can receive input. Mayor Dodd said one of the things that the Judge said was that the Council could come to some decision; if the details would constitute a violation. MOTION by Council Member Gilliams and SECOND by Council Member Parris — the City Council should determine the facts necessary as to whether there was a proper special meeting requested by Mr. Gilliams - yes - and whether it was improperly denied — yes - as a proper request for a special meeting and an improper denial would constitute a violation of Article 11, Section 2.12 of the Charter May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 9 42 of 113 8:14 pm Council Member Hill said he heard the Judge ordered the meeting illegal and it was agreed upon all parties that it was illegal and he asked if anyone thought the April 22 meeting was legal. Council Member Gilliams said it was legal; it was advertised, there were people from the public, it recorded, there was a majority of Council present. His attorney was on his phone when he did it. Council Member Hill said if it was legal, were the decisions made at the meeting binding. Council Member Gilliams said his understanding was the Judge asked them to hold it in abeyance until it was mediated so the meeting was put on hold. Council Member Hill said that wasn't his understanding. Mayor Dodd read the Judge's order, (See attached) Council Member Hill played the April 22nd meeting (with Council Members Gilliams, Parris and Mauti) video. He said Council Member Gilliams stated he did not send a legitimate request until April 22 repeating Council Member Gilliams remark, "I would have made the request as soon as he cancelled the meeting, he should have gave me 24 hours to cancel the meeting, and cancelled it on the 21st so I could then request it," so Gilliams knew he didn't request a meeting until the 23`d. Council Member Hill suggested that would be a non - request because he was asking the Charter officers who were fired. He noted it is not anywhere in the Charter that 24 hours is needed to cancel a meeting. Council Member Parris said the magistrate deemed the meeting illegal pending mediation which was never done. She said if staff believed the meeting was void, why was staff confused if they had a job. Council Member Hill said they had to get attorneys to find out what happened that night. Mayor Dodd said on the morning of April 23, when the State Attorney's Office got involved, it became apparent the City was on the hook because of the actions of three council members and in order to protect the City, he, the City Attorney and City Manager took legal action against the three members in the meeting in attempt to get the court to say it wasn't a proper meeting. He said because they took that action he hoped they might be able to mitigate some of the liability on that but when three members have a meeting like that, it can be assumed that the City condoned the meeting so they were forced to take action to protect the City. He continued to say the Judge's ruling was issued on April 28 and she said that the status quo would be preserved pending mediation which means the meeting was illegal but she ordered the officers were still employed. The mediation didn't happen because Sunshine Law issues were' posed by individuals that if there was a meeting outside of sunshine the City would be in trouble; and the mediator himself indicated he couldn't conduct a valid mediation with 400 people participating so he went back to the Judge who decided to relieve the City from the mediation issue. Mayor Dodd said he didn't disagree that Council Member Gilliams asked for a special meeting but he disagreed there was a violation of the Charter by the City Manager because he was operating under an order that was legal (as stated by the courts) (in his role as the emergency manager that was stated by the court) and he canceled that emergency meeting requested by Council Member Gilliams for the good of safety and welfare of the citizens. He said it all started because of the illegal meeting. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 10 43 of 113 Mayor Dodd called for a break at 8:31 pm and reconvened the meeting at 8:40 pm. All members were present. PUBLIC INPUT Michelle Morris addressed the Council Member that brought her integrity into question regarding the statement that Code Enforcement was sent to the Board of Adjustment applicant's property, she said the Department had actually received a complaint from a citizen that day and she didn't think Code Enforcement had even found a violation. She asked the Council Member to do his research before accusing her (as the former Chief) of sending out Code Enforcement to the applicant's property; talk to the Code Enforcement officer and witnesses. Ms. Morris reviewed that the City received 1500 a -mails on April 22 asking to cancel the meeting but none to have the meeting; the Emergency Declaration order has been used several times since 2015 and it says the City Manager may cancel meetings; if there were concerns with the City Manager having so much power she asked why weren't those concerns expressed March 18. Ms. Morris stated if Ms. Parris was not aware that the April 22 Council meeting was cancelled, she asked why she was late; as soon as she arrived, they started the meeting; the meeting abruptly ended when someone whispered, "Psst, the police." If there were only ten people allowed in the chambers —there were three members, four people, one officer and then staff —why didn't anyone call staff to see why they weren't there; why weren't people allowed to come in if it was a legitimate meeting. She stated they have established that April 22 was not a legitimate meeting, there is no ill intent from staff or the Mayor, and they've established the declaration (process) has been going on for hurricanes for many years --this didn'tjust happen. Grace Reed, Sebastian, thanked Mayor Dodd, Council Member Hill and the Charter Officers for protecting the City. She said Council Member Hill and Mayor Dodd's presentations were spot on; the declaration is not a fraud. She said Mayor Dodd has a great respect from his peers but she cannot say the same for Council Member Gilliams. Christopher Nunn, Sebastian, said Council Member Parris made it clear she had no intent of being here at the Council meeting but she came to the illegal meeting. At 4:22 p.m. she posted on Facebook, "Cancel me," which could mean we are going to have the meeting anyway or darn they cancelled the meeting. He said they know Vice Mayor Mauti has been dragged into something he didn't want to be in and they know he will do right thing moving forward. He said Council Member Gilliams has been coming to these meetings for 15 years and he knows he can't just have a meeting because he wants to, he knew it was an illegal meeting which his lawyer acknowledged. He thanked Mayor Dodd, Council Member Hill and Vice Mayor Mauti. Dan Johnson, 747 Avocado Terrace, cited Charter Section 3.03 noting the officers may be removed by the entire vote of City Council and in the event a reason exists to remove an officer, a council member shall bring written charges at regularly scheduled meeting. He asked Council Member Gilliams to resign because he was not following the Charter. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 11 44 of 113 9:00 pm Andrea Coy, Sebastian, stated she would continue to display her Army uniform until she received an apology for the slander and liable that she disgraced her uniform and have a connection with sugar sand. She admonished the Council Member that posted a picture of Hitler on Armed Forces Day. In regard to the findings of fact, Ms. Coy stated March 1, 2020 Governor De Santis issued Executive Order 20-51 directing the Florida Dept of Health to issue a public health emergency March 1 2020 the State Surgeon General and the state health officer declared an emergency exists March 9, Governor issues 20-52 declaring an emergency for COVID-19 throughout Florida March 17 Indian River County declared a local State of emergency throughout the County March 17 Sebastian declared a state of emergency in the City and the Mayor has the right to do that and Judge Croom has also said he has the authority to do that. She said this is an emergency and they have been risking their lives to come and talk about nothing because there isn't anything that was an emergency on the agenda. She recalled that she called a special meeting for Mr. Gilliams once which consisted of an actual item. Woody Tally, Sebastian, said what happened at April 22 meeting tells him what he needs to know about the Council Member's character; they used a global pandemic to violate the public's trust. He said as an apology, he will accept their resignations —they can do something better by not being on it. Sharon Herman thanked Mayor Dodd, Council Member Hill, the charter officers, and Vice Mayor Mauti for his apology. She noted as the following a -mails were recited she kept hearing: -if you cancel that meeting, I'm gonna have to call a meeting -if you cancel that meeting you're gonna make me call a special meeting -we might have to call a special meeting if that meeting doesn't happen She didn't hear until the 23"', "1 want a special meeting," it was always going to —like in preparation for Hurricane Dorian, get prepared to be prepared. Ms. Herman noted that Council Member Gilliams stated in his presentation a few times that Mayor Dodd didn't want the April 22 meeting as if it was a unilateral effort but there 1500 a -mails from citizens requesting the meeting to be cancelled. John Christino, said the residents have been subjected to a spectacle of petty lies and behavior; one council member has decided to retain his position on a local property owners association which alone is improper but compounded with the use the membership to dominate the council meetings with speakers who are coached to do his bidding is unethical. The antagonism and attacks began early on fueled by a vendetta of revenge void of reason and certainly not in the interest of the citizens he was elected to represent. The actions taken by the three council members are the most irresponsible event he has ever witnessed in his life; they do not represent the residents. He requested Council Member Gilliams and Parris to tender their resignations. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 12 45 of 113 Judy Bartlett, Sebastian, said it has been established that Mayor Dodd had the right to issue the emergency and no meetings were to take place therefore it should not matter how, when or where the April 22nd needed to take place because when under emergency they follow that order so she asked how could there be an improper denial. She also noted the subject matter was always changing from Council Member Gilliams; it's the taxpayers they are hurting, she asked them to resign. Margaret Hasmanus, 845 George Street, said when the Mayor declared the emergency, the City Manager didn't become a council member; and she asked what the criteria was to request an emergency meeting. She said the request for multiple meetings felt like an attempt to pound the people into submission, which isn't going to happen. Dr. Leslie Wayment, Del Monte Road, said if there was still a meeting scheduled, how could there be a special meeting request at the same time. She was one of the residents requesting the meeting be cancelled because nothing on the agenda should have been taking place in the pandemic. She said there wasn't a proper request. Andrea Ring, Sebastian, said she showed up for the April 22 meeting with about five others; she did not know how they could say the meeting was properly cancelled. Charles Stadelman said as the chairman of the Natural Resources Board, he was aware that sometimes things don't run smoothly. He said the new council members are learning their way, he asked them to know their job and realize they are representing the whole City. He said that he feels he is being abused by Council Members Gilliams and Parris because he was at the meeting when he could be with his children because a Board of Adjustment meeting was not done properly. Terry McGinn said the April 22 meeting was illegal; the City is getting sued when they need money the most; if some of the members resign the lawsuits might go away; he thanked Vice Mayor Mauti for what he was about to do in working closely to resolve the issues; he looked forward to a new majority. Zoom Participants Mr. Ferrin thanked Council Member Hill for his spot on presentation; thanked Mayor Dodd for the way he organizes his thoughts and runs the meetings. He said when the City is under a state of emergency, they are to run under those emergency provisions. He stated Mayor Dodd and Council Member Hill have substantial confidence with their peers. He said Council Member Hill's facts have been the facts and if there are any counter arguments they need to be facts, MOTION by Mayor Dodd and SECOND by Council Member Hill to extend the Special Meeting to 10:00 p.m. passed with a unanimous voice vote. Council Member Hill asked if they could have a time certain for discussion and call for the vote at 9:45 p.m. to get through the whole agenda specifically the last item regarding the enactment of an emergency ordinance. May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 13 46 of 113 9 :30 pm Kate Pressinell, Sebastian, asked the three Council Members that participated in the April 22d meeting how they were representing the citizens of Sebastian when none of those topics had anything to do with an emergency. Ron Ray, Haverhill Avenue, said Council Member Gilliams stated the City Manager became a member of City Council and asked if he thought the City Manager could vote on any of this or any other items. Joanne White said all of this was overwhelming and asked Council Member Gilliams and Parris to resign; the events have pulled the City apart and they need to let the City move on. Charles Cavender said he has known Mr. Anon 20 years and the City is very fortunate to have him. He said he wanted leave them with the thought, "A man has to know his limitations." In regard to the video playback, Council Member Gilliams said the Charter Officers were going to get a hearing to discuss why they cancelled the meeting on Friday; it was videotaped to show full transparency. He said the special meeting was requested with the same agenda which he is entitled to use; they played shenanigans and waited three hours so they wouldn't have proper notice to call the special meeting which was intentional and wrong. He said Mayor Dodd could have joined them on the dais (the night of the 22n6) but he left to get the police; they knew they could only have ten people at the meeting; the meeting was already over when the police came; and Mr. Mauti came dressed for the meeting. Council Member Gilliams said if they are going to require 24 hours for a meeting there should be a requirement of 24 hours to cancel a meeting especially when a council member exercises his right to request a meeting and the City Manager played games with that. He said he wanted to have mediation in the open and they signed the stipulation to preserve the April 22 until it's mediated, they might have to go back to court. He said they felt the meeting was manipulated because Mayor Dodd's position was to be rescinded and replaced which is why the regular Council meeting was cancelled. Mayor Dodd asked him to stick to the topic. Council Member continued and Mayor Dodd called for a recess at 9:37 pm and reconvened the Special Meeting at 9:42 p.m. All members were present Council Member Hill called the question. MOTION by Council Member Gilliams and SECOND by Council Member Parris that Council Member Gilliams did call a special meeting and the special meeting was denied by the City Manager in violation of the Charter. Council Member Gilliams said he wasn't dome with comments. Mayor Dodd asked the City Attorney if calling the question overrides and the vote should be taken. The City Attorney advised, "The previous question is being called, you don't interrupt the speaker but it requires a second, is not debatable and it would require a two-thirds vote." May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 14 47 of 113 20.054 MOTION by Council Member Hill and SECOND by Mayor Dodd to call the question or allow Council Member Gilliams to continue his comments. (A two-thirds vote was needed to call the question.) Vice Mayor Mauti asked to abstain then he asked to have the question repeated. Mayor Dodd stated the question was that Council Member Gilliams called a special meeting and the Charter was violated when the City Manager turned it down. Roll call: Vice Mayor Mauti - nay Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - nay Mayor Dodd - aye Motion failed 3-2 to call the question and Council Member Gilliams continued his debate. Council Member Gilliams said their intent was to have checks and balances and make sure that a $5-8M project would not pass under disguise of a fake declaration. He said it was a very impulsive meeting; he didn't come for a meeting but a rally organized by Buzz Herrmann; they came with an open heart to try to do check and balances because what happened at the March 181h meeting. He said it was very clear the meeting was legitimate; their civil rights are being violated because meetings aren't being held. He said he tails the special meetings so they can get them out of the way so when the regular meetings come up they can help the citizens with things like masks and testing. The time was 9:50 p.m. and Mayor Dodd adjourned the Special Meeting. iv. The City Council may enact an emergency ordinance(s) under the provisions of Article II, Section 2.13 of the Charter (Transmittal, Sec. 2.13) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Gilliams E. Mayor Dodd 19. 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) May 18, 2020 Special City Council Meeting (Continued from May 14, 2020) 15 48 of 113 L-n LIf SIEBAST, HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 10, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the June 10, 2020 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 Mauti led the Pledge of Allegiance. 4. Mayor Dodd read the Civility Pledge. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill (via Zoom Technology) Council Member Pamela Parris City Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Police Chief Dan Acosta Police Lieutenant Tim Wood 7. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Brief Announcements Mayor Dodd announced the playgrounds would reopen on Saturday and asked parents to bring hand sanitizer while playing on the equipment. He also reported that Sebastian still has a high rate of return for the 2020 Census and encourage the public to respond by phone, mail or computer link. Council Member Gilliams announced there will be free COVID-19 testing at the Fellsmere Health Clinic from 9:30 to 11:30 a.m. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members. Council Member Hill asked that all items under 17b be removed from the agenda. Council Member Gilliams objected. Council Member Hill stated it was important to remove the item because it could put the City in legal difficulties, noting the City Attorney has advised that if Council Member Gilliams continued with baseless allegations it could put the City in legal jeopardy due to defamation per se. He asked that the City not be a part of allowing this to go forward and asked again to remove the item. Council Member Gilliams objected again. 49 of 113 Regular City Council Meeting June 10, 2020 Page Two 6.41 pm 8. CONSENT AGENDA A. Approval of Minutes — May 19, 2020 Special City Council Meeting B. Approval of Minutes — May 27, 2020 Regular City Council Meeting MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve item B — May 27, 2020 Minutes, passed with a unanimous voice vote of 5-0. Item A - Mav 19, 2020 Soecial City Council Minutes Mayor Dodd asked that the second paragraph read, "Mayor Dodd summarized the motion Council Member Gilliams moved that there was a special meeting request and it was improperly denied." Instead of: Mayor Dodd summarized there was a special meeting request and it was improperly denied. Council Member Gilliams stated any changes to the minutes should be done by verbatim. Mayor Dodd noted pages 15 and 16 were duplicates. MOTION by Mayor Dodd and SECOND by Council Member Parris to approve the May 19" minutes with the removal of the duplicate page. Council Member Gilliams noted that Vice Mayor Mauti asked to abstain from one of the votes at the meeting. The City Attorney advised the members are required to vote and if the Vice Mayor had a conflict of interest he was obligated to divulge it and file the proper form with the City Clerk. Vice Mayor Mauti stated he did not have a conflict of interest. The minutes were approved with a voice vote of 4-1. (Gilliams-nay) 9. COMMITTEE REPORTS & APPOINTMENTS 20.010 A. Integrated Pest Management Parks Update lno backup) The Leisure Serviced Director stated that throughout the Covid 19 pandemic, staff has continued to work on the Integrated Pest Management Plan (IPM). The chemical spreadsheet was presented to the committee earlier today for their review and input. At their last sub -committee meeting, members were presented with the third draft of the IPM plan. They as well as outside industry professionals contacted by Ms. Haigler, provided additional input that she compiled into the draft document. He stated that Ms. Haigler met with the Sebastian Garden Club and the Audubon Society to design and install a native garden at Garden Park for the enhancement of pollinators and natural predators. This will be the first of many native gardens to be installed in our parks throughout the City. 2 50 of 113 Regular City Council Meeting June 10, 2020 Page Three He continued to say Ms. Haigler has been working through the application process to acquire air potato beetles from the University of Florida. This is a biological control method for the air potato vine which has invaded some of our parks. The sub -committee will continue to meet once a week to complete the Integrated Pest Management Plan. Once it is complete it will be presented to the Parks and Recreation Advisory Committee and Natural Resources Board for their input; then the plan will be presented to City Council for final approval. Council Member Hill commended the Leisure Services Director and the committee for doing and outstanding job. He is impressed that they are looking at all the factors involved. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. PUBLIC INPUT Council Member Gilliams said at the last public input there were two bodily threats made and he asked that the Zoom participants give their proper name and they have the ability to see their faces. Mayor Dodd said he agreed, there should be no threats. The City Attorney advised that the Mayor could ask for their name and general location but he did not recommend stifling public input. Bob Stephens, 150 Concha Drive, thanked the Council Members for not spraying. He is now finally seeing animals, birds and fish in the canals. He would like to see manual maintenance done in the canals. Buzz Herrmann, 586 Redwood Court, said transparency is a positive action. It permits government to explain to the residents all the positive actions they are taking to improve our City. Richard Gillmor, 744 Kroegel Avenue, said he would like for this Council to get along. The residents of the city are fair people but the recall process that is taking place here is unfair. Michelle Morris reminded Council and Mr. Gilliams that she is still waiting for his public apology for being accused of unethical behavior. She insisted that if the three Council Members are truly for the people then they should resign and give us back our City. Andrea Coy questioned the reason for tonight's meeting. She stated the main purpose of tonight's Council meeting seemed to be for Mr. Gilliams to speak on an item of old history. It is a terrible waste of the citizen's time, City Council's time and City Staff's time. Nicholas Scheskowsky said he maintains the shoreline of the canal at his home. The birds, animals and fish have never gone, they have always been there. 51 of 1133 Regular City Council Meeting June 10, 2020 Page Four Jonathan Rhodeback, Attorney for the Law Firm Dill, Evans & Rhodeback; representing Henry Fischer & Sons said there are allegations made about impropriety in connection with the acquisition and excavation of the cemetery expansion in agenda item 17b. In the FDLE report, there is a conversation between one of the Council Members and an Agent at FDLE alleging some impropriety which does not pertain to his client. Mr. Fischer was asked to offer a bid which he did and a few months later he was awarded the job. Everything else is conspiracy in the report. Attorney Rhodeback advised Council Members not to drag private citizens into a fight to benefit their own political position. Being a public official does not give them right to misuse a public position to obtain leverage in their own political process. He strongly urged Council to reconsider discussion of item 17b. Tracey Cole said the citizens have done their part. The Senator and State Attorney should intervene and remove the three members of Council. Bill Flynn, Main Street, said he was concerned about the canals. He emphasized that before stopping maintenance on the canals, there must be some kind of treatment plan in place. Sharon Herman commended the Integrated Pest Management Sub -Committee for doing their research and not letting matters get out of control. Grace Reed, Sebastian, recommended Council Member Gilliams to recuse himself from the upcoming Board of Adjustment hearing to be held for Mr. Scozzari; this will avoid any presumption of discrimination or favoritism. Ms. Reed said in previous meetings Council Member Gilliams suggested that Council have discussions on how the City can help the small businesses during the pandemic. Council Member Gilliams owns a small business which is a conflict of interest and he should recuse himself from any conversation, testimony or voting on the matter. Kathy Cline wanted everyone to know that Vice Mayor Mauti is a man with high integrity. He is well educated and honest. His agenda has been for the City of Sebastian and for the people that live here. Louise Kautenburg said she was concerned about extra costs imposed on the City because of the cancellation of the weed and bug control treatment without a proper plan in place. Andrea Ring, 407 Quarry Lane, said the recall members are like the "Save the Eagles Nest" all over again. Christopher Nolan, 882 Salem, said he came to the meeting because he is bothered by the canals. The lack of maintenance is getting out of hand and is unacceptable. Patricia Mandel, Sebastian, said she believed the City of Sebastian needs to retain Vice Mayor Mauti. The citizens elected him to control the growth of the annexation; protect the environment from urban sprawl and to keep Sebastian safe from over development and poor planning. 52of1134 Regular City Council Meeting June 10, 2020 Page Five Tim Glover, President of the Friends of the St. Sebastian River, encouraged the residents to participate in the City's comprehensive plan review process. By attending the Planning and Zoning Commission meetings and the Natural Resources Board meetings from now until October citizens will have the opportunity to voice their opinion on how they want their City to grow and prosper. 7:35 pm T39 pm Zoom Participation Charles Stadelman, Sebastian, gave an update on various efforts proceeding to protect Sebastian's natural resources as well as the Sustainable Sebastian initiatives. He invited the public to participate at the upcoming meetings in person or via Zoom technology. Gibney Scott said something inappropriate and was cut off. Brian McAlister, 1941 Winter Street, Tennessee, also said something inappropriate and was cut off. It was the consensus of City Council to cut off the Zoom comment. 13. NEW BUSINESS - None 14. CITY ATTORNEY MATTERS - None 15. CITY MANAGER MATTERS - None 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Vice Mayor Mauti said he received an e-mail from Andrea Ring regarding an overhead power line. The City Manager advised that was an issue for Florida Power and Light as the City does not issue permits for install or move poles. B. Council Member Gilliams i. Purchase of 12900 US Hwv 1 — Cemetery Expansion (CM Gilliams' Exhibits. FDLE Report) Mayor Dodd asked Council Member Gilliams to be respectful in charging people with criminal activity. Council Member Hill requested Council Member Gilliams not to discuss this issue. Point of Order— Council Member Gilliams said it was his time to speak. Council Member Hill said he is trying to protect the citizens of Sebastian from being in lawsuits that may cost millions of dollars, everything the City has in reserve because of the accusations. Point of Order — Council Member Hill stated the legal discussion that Council Member Gilliams has had over the last several months while being asked by the people he has been accusing of illegal activity, after these people have be exonerated by all law enforcement agencies, needs to cease and desist because we as council members must protect the citizens of this community. This has already been vetted by all law enforcement and must cease; because if we do not, and we sanction as a city, then we may be implicit in allowing these individuals to sue this community and I will not stand by and allow Mr, Gilliams to cost this community millions of dollars. S 53 of 113 Regular City Council Meeting June 10, 2020 Page Six For the record, the City Attorney said he understands what Council Member Hill was talking about, item 17b is under Council Member Gilliams Matters, and it does not reflect the consensus of the board. He agreed with the public comment earlier —he did not see the public purpose for this item; however, he had no issue with Council Member Gilliams discussing his matter but he cautioned him and admonished him and any other members of the board from making any defamatory comments including but not limiting to the accusation that a crime was committed by someone or implicate someone in any fashion somehow in criminal activity which has not been proven, but in fact a lot has been stated by the FDLE report that there is not sufficient evidence to support any criminal investigation. The City Attorney recommended the Mayor control the meeting by the gavel accordingly; if a point of order comes up, he will address the point of order. (See Attorney's comments attached) 7:44 pm 7:48 pm Mayor Dodd said he overruled Council Member Hill Point of Order because Council Member Gilliams has the right to bring it up but he cautioned Council Member Gilliams that he has been cautioned twice in the past by the Chair and City Attorney Stokes not to make false accusations and if he does it again, he will put an admonishment in writing and put it in the record. Council Member Gilliams said for the record, he was only stating facts that are in the record to show Council what their rights are as elected officials of the community, he wasn't making criminal allegations. The City Attorney advised that the previous admonishment was done by former Attorney Jim Stokes. Council Member Gilliams opened his presentation by citing Charter Section 2.11 (See attached) and stated he would be presenting records on file in the Clerk's office. Council Member Gilliams played the May 22, 2013 (beginning 7:10 pm) City Council meeting where the City Manager, Al Minner, discussed the purchase of 12900 US Highway 1 and the removal of the sand. Council Member Gilliams displayed the following on the overhead: the May 8 Council minutes with Ms. Coy and Mr. McPartlan's vote the City Manager Al Minner's May 22 agenda transmittal Point of Order — Council Member Hill asked whether the Resolution R-13-10 had anything about the sale of sand. Mayor Dodd responded it did not. Council Member Gilliams noted a roll vote to include Jim Hill, Bob McPartlan, and Andrea Coy knew exactly in 2013 what was to transpire. Point of Order— Council Member Hill asked what exactly Council Member Gilliams is suggesting was to transpire. Council Member Gilliams said it was self-explanatory. Mayor Dodd ruled in favor the point of order requiring Council Member Gilliams to answer the question. Council Member Gilliams appealed the point of order. Roll call: Council Member Gilliams - nay Council Member Parris - nay Vice Mayor Mauti - aye Council Member Hill - aye Mayor Dodd - aye 6 54 of 113 Regular City Council Meeting June 10, 2020 Page Seven Council Member Gilliams was required to answer the question, "What was expected to transpire." Council Member Gilliams said in reference to the City Code 2-93, any surplus property must be appraised which it wasn't so there isn't a value. Mayor Dodd asked Council Member Gilliams if when he said the Council Members knew what the action was, their vote established surplus property. Council Member Gilliams responded under that motion, the intent was to sell that property; the appraised value was $300-375,000. Mayor Dodd said he didn't see a fact and once again he made an accusation at three Council Members. 8:17 pm Additional documents Council Member Gilliams displayed: Code Section 2-93 — Surplus Property Code Section 2-107 — Director of Finance Duties Appraisal cover sheet with value Point of Order— Council Member Hill asked what the $375,000 appraisal was on? Council Member Gilliams responded the estate of Paul Rallis. Council Member Hill said the value of the property. The point of order was satisfied. Council Member Gilliams continued his presentation stating staff purchased the property and in 2018, City Manager Joe Griffin was getting ready to retire and instead of waiting for the 15-17 year absorption rate of the existing cemetery to take place, Mr. Griffin was going to proceed with a major project on the way out. It moved along without following the site plan guidelines, special use permits, and environmental study. Point of Order— Council Member Hill asked who prepared the site plan. Mayor Dodd answered it was MBV Engineering. Council Member Gilliams said at the Sebastian Property Owners Association Candidate Forum, Linda Kinchen stated there was toxic waste on the site which should have raised a red flag; the City should have proceeded with a Phase I Study. He said the City is telling the community that everybody else must proceed with a site plan but the City does not follow its own procedures. Council Member Gilliams said this is about staff not doing things proper according to protocol. Additional documents Council Member Gilliams displayed: Code Section 54-2-3.1 Special Use Permit — noting the staff and the Planning and Zoning Commission did not review and there was never a public hearing which is strictly prohibited against City code and ordinances. He said staff members were concerned with how quickly the project was moving in e-mails. Point of Order— Council Member Hill asked to see the e-mails. Council Member Gilliams said he was not at that point with his presentation. Mayor Dodd ruled in favor of Council Member Hill's request to see the a -mails and asked for a vote: 7 55 of 113 Regular City Council Meeting June 10, 2020 Page Seven 8.32 pm Council Member Parris - nay Vice Mayor Mauti - aye Council Member Hill - aye Mayor Dodd - aye Council Member Gilliams displayed the following e-mails that he felt indicated concern: January 31, 2018 — from Scott Baker to Lisa Frazier February 7, 2018 — from Scott Baker to Lisa Frazier February 12, 2018 — Scott Baker to Bub Milon February 13, 2018 — from Scott Baker to Timothy Clarke Mayor Dodd noted the a -mails do not indicate concern. Council Member Gilliams stated the e-mails indicate there was toxic waste but it was never tested. Council Member Gilliams said staff couldn't sell the commercial property with the red flag. Mayor Dodd asked him what he was trying to prove. Council Member Gilliams stated he was trying to prove a transaction that our staff proceeded with violated every code and everything in the book_ Mayor Dodd stated he looked through Council Member Gilliams' exhibits three years ago and told him that there was no criminal activity but some stupidity on the part of a city manager who made a statement about the value of the sand without being able to back it up but there was no criminal activity. Point of Order by Council Member Hill — Council Member Hill asked if Council Member Gilliams was acting as an elected official of the City of Sebastian or an individual citizen. Mayor Dodd asked the City Attorney if Council Member Gilliams can act a public citizen once he is elected. The City Attorney advised that once he is elected, he cannot differentiate personally as well as him being an elected official. Council Member Hill stated that was why he can't proceed because he is acting as an official of the City and continues to make baseless accusations about staff, previous City Council members and himself, he needed to stop or the City will be on the hook for potentially millions of dollars. Mayor Dodd asked Council Member Gilliams for a statement and to get to a point. Council Member Gilliams said the City was sand mining for 18 months with a grubbing permit which was in violation of the special use permit requirement. Mayor Dodd asked what action he wanted to be taken. Council Member Gilliams displayed pricing for land material; said there were bodies found on the property; Council should have raised a flag but everybody looked the other way. Point of Order by Council Member Hill — Asked Council Member Gilliams asked for the names of "everybody?" Council Member Gilliams responded Jim Hill, Albert lovino, Linda Kinchen, Ed Dodd and Bob McPartlan. S 56 of 113 Regular City Council Meeting June 10, 2020 Page Nine 8: 52 pm Mayor Dodd stated once again he was accusing five council members to which Council Member Gilliams responded, "Sue me." Council Member Gilliams displayed Code Section 2-93 and said anything over $25,000 requires a formal sealed bid with City Council authorization. The Florida Department of Law Enforcement did a report that started and ended on the same day; he alleged a lot of accusations in the report and that is why he was pushing to bring this to the community. He asked Council if they had the fortitude, courage, and integrity, to order an outside investigation under Charter Sec. 2-11, and once it comes back they can see if any civil or criminal activity was taken by staff. Mayor Dodd called for a recess at 8:39 p.m. and reconvened the meeting at 8:48 p.m. Council Member Gilliams asked for an outside investigation to give an accounting of what happened so staff learns to do things the correct way. He asked for the document that staff handed the Mayor in the hallway and objected to putting into the record because it was not part of the agenda packet. Council Member Gilliams stated he wanted to receive three votes to proceed with an investigation. Mayor Dodd said they could vote to put it on the next agenda. Roll call on to put on the next agenda, under new business, to discuss the possibility of authorizing an investigation into the purchase and land development of the cemetery extension: Council Member Gilliams - aye Council Member Parris - aye Vice Mayor Mauti - nay Council Member Hill - nay Mayor Dodd - nay Motion failed. 3-2 Other Matters by Council Member Gilliams He read an article by Larry Riesman in yesterday's Press Journal. (See attached) He said he wanted to move forward with the community. He thanked Chief Acosta for his letter to the community posted on Facebook. C. Council Member Hill - following Council Member Parris' comments. D. Council Member Parris i. Consider a 15 Minute Time Limit to Discuss Agenda Items Except in Cases of an Emeraencv Resolution or Ordinance Council Member Parris said she was suggesting this to proceed in a timely manner on all agenda items individually. Council Member Hill, Vice Mayor Mauti and Mayor Dodd were not in favor of placing this matter on the next agenda. Regular City Council Meeting 9 57 of 113 June 10, 2020 Page Ten Additional Matters by Council Member Parris She assured the public that the staff is working diligently on the canal issues. ` She corrected the allegations that three City Council Members are under criminal and state investigations; the fact is five Council Members and three staff employees are under state attorney investigation. She chose to represent herself in the recent court hearing in respect to the City spending. She asked that a citizen who recently contacted them regarding the homeless situation to call her City phone number. She said Council Member Hill's presence was optional. She asked when the airport building will be workshopped. The City Manager stated the workshop was voted down but it will come to the second meeting in June for consideration. Council Member Gilliams asked to reconsider his vote on the workshop. Point of Order — Council Member Hill said that was a consensus vote under Council Matters, not to hold the workshop. The City Attorney said Council Member Gilliams' consensus vote could not be reconsidered. Council Member Gilliams asked to continue. Point of Order— Council Member Hill said Council Member Gilliams matters have expired and he was skipped Mayor Dodd agreed with Council Member Hill's point of order. Mayor Dodd asked the City Attorney to determine if it was a consensus vote and if it could be recalled. He apologized to Council Member Hill for skipping him. Council Member Hill's Matters He stated he understood Council Member Parris giving him a pop at him but Governor's Executive Order allows him to participate via Zoom. He said staff is doing wonderful job and apologized to the public for the diatribe by Council Member Gilliams and his interruptions but the problem is the City could potentially face millions of dollars in lawsuits based on much of what he is saying noting he has been told he cannot make defamation comments. Point of Order — Council Member Gilliams said everything he put out was based on documents from the Clerk. Mayor Dodd said they were public documents but his interpretation is his opinion. He asked Council Member Hill to not be slanderous to which he said he understood but didn't know if it was slander if it was true. Council Member Hill said he is trying to protect the City from potential litigation that could cost millions of dollars; the amount in reserves is in jeopardy. 10 58 of 113 Regular City Council Meeting June 10, 2020 Page Eleven He thanked the police force for everything they are going through right now; he appreciates their hard work. He also thanked all of the first responders and wanted them to know that he will stand with them always. He has their six (back). E. Mayor Dodd Mayor Dodd said about five months ago, he commented on some of the television shows of the northeast who were trying to figure out how to do community policing and he volunteered for them to come to Sebastian but Chief Morris was shaking her head, "No no, no;" but he sees the what is happening today and the responses taking place, he commented the other police departments need to come see the Sebastian Police Department who takes the serve as highly and seriously as the protect in their motto. We are extremely lucky in these times that we don't have to worry about our Police Department as the fabric of our democracy is repaired. Mayor Dodd said when Council Gilliams started his comments he told him that if he used defamatory language that he was going to put an admonishment in writing. He stated the following: February 12, 2020, Council Member Gilliams was admonished by City Attorney Jim Stokes for defamation per se, which meant it is easily won in court. At that time, Attorney Stokes also advised if Council allowed him to continue, the Council was accepting liability and a 3-2 vote was taken to have him not to continue with his comments. May 27, Andrea Coy presented a letter asking Council Member Gilliams discontinue accusing her and other former council members of wrong doing and alleged criminal activity. She indicated she would take legal action against the City if Council Member Gilliams didn't stop. There are other parties that are now discussing taking legal action against Council Member Gilliams and the City. He said tonight after three warnings, Council Member Gilliams continued to allege criminal activity on the part of past or present council members and staff members. He asked for a consensus vote to place his points in the minutes of the meeting: 1) Admonish Council Member Gilliams for his continued reference to criminal act related to the cemetery expansion 2) They indicate Council Member Gilliams is not representing the position of the City of Sebastian, its Council, or its staff 3) Council Member Gilliams is solely responsible for his comments or accusations related to this matter that may be made in or outside this Council meeting. He said he was aware that they cannot separate him officially from what does personally and the City cannot absolve itself of liability, but would like to place this admonishment in the record so they are saying they don't condone that activity. Roll call: Council Member Hill - aye Vice Mayor Mauti - aye Mayor Dodd - aye Council Member Parris - aye Council Member Gilliams - nay There was a consensus to place Mayor Dodd's admonishment into the record. 11 59 of 113 Regular City Council Meeting June 10, 2020 Page Twelve Council Member Gilliams asked if that would be on the next agenda. Mayor Dodd said he was asking for it to be placed in the minutes. Mayor Dodd said contrary to statements made tonight, neither Mr. Carlisle nor himself are under investigation by the State Attorney's office. He also explained Vice Mayor Mauti was charged with a non -criminal violation of the Sunshine Law. Mayor Dodd said there is no such thing as a reorganization of the Council as previously stated; there is no Charter provision for that and he will remain mayor until November. He also explained the reason they didn't have any late March, April meetings was because of the coronavirus but they did hold the March 18 meeting to announce the emergency declaration and try to move the quasi-judicial hearing. He explained if they would have held the quasi-judicial hearing, it would have been illegal so the other choice was to close the meeting. He said he did the right thing legally and morally and will stand behind his decision to close that meeting. 18. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 9:17 p.m. Approved at the July 8, 2020 Regular City Council Meeting. Mayor Ed Dodd ATTEST: Jeanette Williams, MMC — City Clerk 12 60 of 113 an SE&AsT AHOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: July 8"', 2020 AGENDA ITEM TITLE: Bill of Sale of Utility Facilities to Indian River County for the Pickleball Complex RECOMMENDATION: Authorize the City Manager to execute the appropriate documents for the Bill of Sale of the Utility Facilities located in the public road right of way at 160 Airport Drive East, Sebastian Pickleball Complex, to Indian River County. BACKGROUND: The City constructed the Sebastian Pickleball Complex and connected to Indian River County utilities in early 2020 upon completion of the project. The items included in the Bill of Sale are shown on Exhibit "A" within the attachments. Timothy Rose Contracting, Inc. has provided documentation that is required by Indian River County acknowledging a 1 year warranty for failure or defective facilities. This 1 year warranty letter is provided in lieu of a warranty security since the total for the bill of sale was less than $10,000.00. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $35.50 Amount Budgeted in Current FY: $140,000 Source of Funds: Recreation Impact Funds Administrative Services Department/CF0 Review: �[ 1-- ATTACHMENTS: 1. Bill of Sale of Utility Facilities to Indian River County Agreement 2. Timothy Rose Contracting, Inc. 1 Year Warranty Letter 3. Exhibit "A" Utility Cost Estimate 4. Email documenting request from Indian River County City Mana Authorization: Date: 61 of 113 Sebastian Airport Pickleball 160 Airport Drive UCP #3482 Prepared by: County Attorneys Office Indian River County 1801 27"' Street Vero Beach, FL 32958 (772) 2-26-1426 BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA (when constructed within existing easement or road rights of way) UCP #3482 KNOW ALL MEN BY THESE PRESENTS, that the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto 1NDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this day of July, 2020, the following goods and chattels; EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located in the existing public road right of way of Airport Drive East. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above - described facilities, that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and Utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE (July 22, 2020 to July 22, 2021), due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon immediate notice by GRANTEE. GRANTOR shall be APPROVED AS TO FORM AN0 LE-C.AL SUFFICIENCY BY I Y�Ai PEizvta01-0 COUNT`' /",I- ORNEY 62 of 113 solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. ATTEST: CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: By: Jeanette Williams, MMC Paul E. Carlisle, City Manager City Clerk Date of Council Approval: Approved as to form and legal sufficiency: By: Manny Anon, Jr„ City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this day of July, 2020, by Paul E. Carlisle and Jeanette Williams, MMC, City Manager and City Clerk, respectively, of the City of Sebastian, a municipal corporation of the State of Florida, who are personally known to me. (affix seal with commission number and expiration date) NOTARY PUBLIC: sign: V. 63 of 113 Timothy Rose Contracting, Inc. AIT1360 Old Dixie Highway SW, Suite 106 2Vero Beach FL 32962 (772) 564.7800 Phone (772) 564.7888 Fax Tim Rosel(d)comcast.net Date: 7/1/2020 Indian River County Department of Utility Services 1801 27t" Street Vero Beach, FL 32960 Re: Project Name: Sebastian Airport Pickleball Project Location: 160 Airport Drive, Sebastian, FL 32958 Permit No.: UCP # 3482 Parcel No.: 30-38-22-00001-0000-00000.1 Gentlemen: Timothv Rose Contracting, Inc warrants that should the utility facilities described in the Bill of Sale of Utility Facilities fail or otherwise become defective during a period of one year commencing on July 22, 2020 and expiring on July 22, 2021, due to defective materials or workmanship, Timothy Rose Contracting, Inc shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at Timothv Rose Contracting' s sole cost and without expense to Indian River County upon reasonable notice by Indian River County. Timothv Rose Contracting, Inc shall be solely liable and shall save Indian River County harmless from any direct or consequential damage attributable to such failure or defect. Timothv Rose Contracting, Inc hereby also assigns all its right, title and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. Sincerely, By: Timothy Rose Contracting, Inc Contractor License No. CGC052940 64 of 113 City of Sebastian Airport Piekleball Utility Cost Estimate For Bill of Sale and 1-Year Maintenance Amount UCP #3482 WATER SYSTEM UNIT QUANTITY UNIT PRICE TOTAL 12" Water Service EA 1 $ 1,350.00 $ 1,350.00 13" directional bore sleeve I-S 1 $ 1,500.00 $ 1,500.00 18" x 6" Tapping saddle & 5" GV EA 1 $ 2,725.00 $ 2,725.00 Fire Hydrant assembly EA 1 $ 2,200.00 $ 2,200.00 Subtotal $ 7,775.00 SANITARY SEWER I 14"x4" tapping saddle & 4' MJGV EA 1 $ 1.800.00 $ 1,800.00 Subtotal $ 1,800.00 Sanitary Sewer $ 1,800.00 l Water System $ 7,775.00 TOTAL $ 9,575.00 For Bill of Sale Due to total being less than $10,00.00, a 1 - Year Warranty Letter will be provided in lieu of a warranty security. Date: / O No. 47048 A P PP R (Z�D- V E D, "1, R - U - S-, Y/Z%28/zo=o EXHIBIT "A" 65 of 113 Jeanette Williams From: Nancy Mossali <nmossali@ircgov.com> Sent: Thursday, June 18, 2020 12:29 PM To: Jeanette Williams Cc: Jesse Roland Subject: UTILITIES - Sebastian Airport Pickleball Attachments: Sebastian Airport Pickleball . BILL OF SALE OF UTILITY FACILITIES (UCP #3482).pdf; Sebastian Airport pickleball . utilities warranty lettercloc CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Afternoon, Jeanette hope you are doing well O In connection with the turnover of utilities to Indian River County with regard to the Sebastian Airport Pickleball project, attached are: • Bill of Sale of Utility Facilities (UCP #3482) • Form of contractor's warranty letter [in WORD format] Please schedule this matter for City Council consideration/approval; and forward the form of contractor's warranty letter to the contractor so that it can be prepared on the appropriate letterhead. The warranty period will commence at turnover which cannot happen until the Bill of Sale of Utility Facilities has been approved. Therefore, allowing you ample time for scheduling, I have projected the 1-year warranty period to start on July 22, 2020 as reflected in both of the above documents. After City Council has approved the Bill of Sale of Utility Facilities, please have it executed and returned to the County Attorney's Office along with the originally executed contractor's warranty letter and a check in the amount of $35.50 made payable to "JEFFREY R. SMITH, CLERK OF COURT" for the required recordation fees. Please let me know if you have any questions, etc. Regards, Nancy H. Mossali Legal Assistant Office of County Attorney INDIAN RIVER COUNTY 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 nmossali d)ircF,ov.com 66 of 113 cc MOF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: July 8, 2020 Agenda Item Title: Approval to Award Invitation to Bid (ITB) #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields. Recommendation: The Procurement Division, on behalf of the Leisure Services Department, recommends that the Council AWARD ITB #20-06 for Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields to CHAPCO FENCE, LLC. Background: An ITB soliciting these services was advertised and released on June 17, 2020 via the local newspaper, City's website, DemandStar.com and VendorLink.com. Emails were also sent directly to local fencing Contractors. All bids were due on June 29, 2020, in which nine (9) responsive bids were received. Bidder's had the option of submitting physical bid packages or conveniently submitting electronically online. All bids were reviewed for responsiveness by the Procurement Division and reviewed by the end -user department to ensure all requirements were met as provided in the solicitation documents and specifications. It is recommended to award ITB #20-06 to the lowest, responsive and responsible Bidder, CHAPCO FENCE, LLC for Fence Replacement at Barber Street Sports Complex Base balllSoftball Fields. The bid amount of $52,429.13 includes all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for removal and disposal of the existing outfield fencing and replace with six (6) foot tall galvanized chain link fence. The option to install fence topper for the top rail on all fencing is an addition $6,052.25, bringing the total to $58.481.38. If Agenda Item Requires Expenditure of Funds: Proposed Project Expense: $58,481.38 Amount Budgeted in Current FY: $70,000 Fund to Be Utilized for Appropriation: Recreation Impact Fees Administrative Services Department Review: Lv •I City Manager Authorization: Date: ; 1.1,_q2 Attachments: 1. Bid Tabulation ITB 20-06 2, Bid Form submitted by Recommended Bidder 3. Reference Checks for Recommended Bidder 4. Proposed Agreement 67 of 113 CM C* SEEIAST�" HOME OF PELICAN ISLAND BID TABULATION Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Bid ODenina: June 29, 2020 at 2:00 PM EST Date: June 30, 2020 Bids Received Bid Amount Optional Rail Topper CHAPCO FENCE, LLC $ 52,429.13 $ 58,481.38 EAST COAST FENCE & GUARDRAIL OF BREVARD, INC. $57,106.35 $63,535.75 $ 76,614.30 $ 85,763.05 GULFSTREAM BUILDING GROUP, INC. $ 135,038.56 $ 152,238.21 KEVINS FENCE INC $Bra $ Q^� w-231.04 $ 68,659.50 $ 80,229.15 LAPORTA CONTRACTING LLC $ 120,967.07 $ 128,225.05 MCCONNIE ENTERPRISES, INC. 1 MCCONNIE FENCECO. $128,05539 $ 139,345.38 $ 142,834.13 $ 154,094.13 PHOENIX FENCE CORP $ 76,353.11 $ 82,686.86 SPECIALIZED PROPERTY SERVICES, INC. $ 113,466.15 $ 118,955.40 USA FENCE COMPANY $ 87,637.52 $ 95,941.77 : Correction made to Bidder calculation error(s) Notes: 1. The above list of bids received is made available for information purposes only, requested in the form of a Public Records Request in accordance with Chapter 119, Florida Statutes. 2. The City of Sebastian has a pending review of the bids by the Procurement Division and end -user department to determine lowest, most responsive and responsible Bidder. 3. The City of Sebastian shall have no liability to any successful Bidder unless and until the City executes a contract with such Bidder. 4. If additional information is requested, Bidder(s) will be contacted and such notice will be provided. 5. Any and all notices will be posted on the City's website, DemandStar.com and VendorLink.com. If there are any questions or request for clarification regarding this list of bids received, please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager at afrase r6citvofsebastian.orq. 68 of 113 Thank you for your interest in doing business with the City of Sebastian. 69 of 113 ITB #20-06 1 ELECTRONIC BID FORM On �_N FENCING REPLACEMENT - BASEBALLf SOFTBALL FIELD5 _ FENCE REPLACEMENT AT BARBER STREET SPORTS COMPLEX HOME OF PELICAN ISLAND BASEBALL/SOFTBALL FIELDS i COMPANY NAME: Chapco Fence, LLC COMPANY ADDRESS: 4417 13TH STREET # 513 5T. CLOUD, FL 34769 CONTACT PERSON, JASON JUNNILA TITLE: PRESIDENT PHONE: 407 992 6447 EMAIL: CHAPCOFENCE@AOL.COM ! labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for Pricing shall include alfencing (approximately 2,500linear feet) and replace with approximately 2,815 removal and disposal the existing outfield linear feet of six (6) foot tall galvanized chain link fence (see drawing on page 25 of the lT8 document) at Baseball/Softball Fields at Barber Street Sports Complex located at 1101 Barber Street, Sebastian, FL 32958. NOTE: Refer to Section 1 - "General information" of the ITB document for complete specifications Bidder is responsible for confirming exact lengths for bidding Item No. Title Item Ti Quantity Unit $ Price 1.00 1 $ Total 2,500.00 01 Removal of existing outfield fencing 2,500 LF $ 950.0e 0 $ 950.001 DZ Double Drive Gate: 24 foot wid 1 EA $ 750 00 " $ 750.00 } 03 Double Drive Gate:_16 foot wide 1 EA $ 350.00 $ 2,100.00 04 Walk Gate: 4 foot wide 6 EA Fence: 9 gauge - 6 foot tall galvanized chain link 05 fence 2,815 LF $ 10.00 $ 28,150.00 This includes Tie wires, Line and Terminal j Top and Bottom Rails: 1 5/8 inch outside 5,630 LF $ 2.75 $ 15,482-50 06 diameter BASE TOTAL $ 49,932.50 Contingency (5%of Base Total) $ 2,495.63 BID TOTAL $ 52 29.13 Bid Total (written out): I #NAME? The Bid Total shall remain in full force and effective for a period of sixty (60) days after the time bids are due. During this time, Bidder will not revoke or cancel this bid or withdraw from the competition. The Bidder further attests that the Bid Total herein proposed represents and includes the entirety of the worst, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. j OPTIONAL: Fence Topper for Top Rail for ALL Fencing: 2,815 I LF $ 2.15 $ 6,052.25 1poly-Cap (COLOR - Yellow) TOTAIIII L W/ OPTIONAL $ 58,481.38 Manufacturer of Galvanized Fence and Gates: STEPNEN5 PIPE &STEEL The Bidder, if awarded, agrees to the following: - Contractor is responsible for submission of completed permit documents to City's Building Department. City will be responsible for all permit costs. - Shall maintain a neat and orderly job site, clean up and consolidation for site storage is a must an a daily basis Contractor shall provide a one (1) year warranty against defects an all workmanship and materials SIGNATURE: I JASON JUNNILA 'DATE: 1 6/29/2020 KTE-Sale-Report 70 of 113 cm �X siEBASTIN HOME OF PELICAN ISLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 afraser@cltyofsebastlan.org REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCES(MCITYOFSEBASTIAN.ORG Solicitation: ITS 20-06 - FENCE REPLACEMENT AT BARBER STREET SPORTS COMPLEX BASEBALLISOFTBALL FIELDS DATE: 07/01,12020 FIRM BEING SURVEYED: CHAPCO FENCE 9. Describe the scope of work performed by this firm for your organization or Provide Project Name. MULTIPLE PROJECTS - BASEBALL FIELD FENCING, STRAIGHT-LINE FENCING, FENCE REPAIRS TO FIX CURLING ISSUES 2. Rate each of the criteria on a scale of 1-5. 5 beinq very satisfied and 1 beina very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledas of oast performance in a particular area. please say NIA. ITEM CRITERIA SCORE 1 Provided services in a timely manner 5 2 Professionalism of Contractor 5 3 Customer Service and Response Time to Client Inquiries 4.5 4 Quality of Work Performed 4.5 5 Ability to Provide Services Under Emergency Conditions 5 6 Ability to Maintain Accurate Documentation - Invoices 5 7 Overall Client Satisfaction 5 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? No issues experienced. When there was something that was unsatisfactorily 4. Would you re -hire this firm? YES X NO MAYBE PERSON COMPLETING THE SURVEY COMPANY NAME: CITY OF ST. CLOUD NAME: WILLIAM MCFADDEN - PARKS LEAD MAINTENANCE EMAIL ADDRESS: william.nzcfaddeza(c-i,stcloud.or-- 71 of 113 ❑T�' L SEBAST,N HOME OF PELICAN ISLAND Administrative Services department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 afraser@cityofsebastien.org REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCESOCITYOFSEBASTIAN.ORG Solicitation: ITB 20-06 - FENCE REPLACEMENT AT BARBER STREET SPORTS COMPLEX BASEBALLISOFTBALL FIELDS DATE: 07/01/2020 FIRM BEING SURVEYED: CHAPCO FENCE 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. FENCE INSTALLATION 2. Rate each of the criteria on a scale of 1-5. 5 being very satisfied and 1 beinQ_ very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledae of oast performance in a particular area. please sav NIA. ITEM CRITERIA SCORE 1 Provided services in a timely manner 4 2 Professionalism of Contractor 4 3 Customer Service and Response Time to Client Inquiries 4 4 Quality of Work Performed 4 5 Ability to Provide Services Under Emergency Conditions 4 6 Ability to Maintain Accurate Documentation - invoices 4 7 Overall Client Satisfaction 4 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? There were never any performance issues. We did experience metal shortages which effected the industry as a whole, Chapco did all they could to ensure the project was completed on time. They are among my top 3 fencing companies that we use to complete projects. 4. Would you re -hire this firm? YES X NO MAYBE PERSON COMPLETING THE SURVEY COMPANY NAME: WHARTON SMITH NAME: JOHN JANES - GENERAL SUPERINTENDENT OF PARKS EMAIL ADDRESS: JJANESCo WHARTONSMITH.COM 72 of 113 01) if SEgASTViii,N HOME OF PELICAN ISLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 afraser@cityotebastian.org REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCES(MCITYOFSEBASTIAN.ORG Solicitation: ITB 20-06 - FENCE REPLACEMENT AT BARBER STREET SPORTS COMPLEX BASEBALL/SOFTBALL FIELDS DATE: 07/01/2020 FIRM BEING SURVEYED: CHAPCO 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. Fence installation at ballfields 2. Rate each of the criteria on a scale of 1-5. 5 beinq very satisfied and 1 beina very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledae of Dast Derforrnance in a particular area. please sav N/A. ITEM CRITERIA SCORE 1 Provided services in a timely manner 5 2 Professionalism of Contractor 5 3 Customer Service and Response Time to Client Inquiries 5 4 Quality of Work Performed 5 5 Ability to Provide Services Under Emergency Conditions 5 6 Ability to Maintain Accurate Documentation - Invoices 5 7 Overall Client Satisfaction 5 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? We had no issues on the projects that they have completed for us. 4. Would you re -hire this firm? YES X NO MAYBE PERSON COMPLETING THE SURVEY COMPANY NAME: Osceola School District NAME: David Smith Sr. EMAIL ADDRESS: david.smith@osceolaschools.net 73 of 113 FENCE REPLACEMENT AGREEMENT ITB #20-06: Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields This Agreement is entered into by the parties this day of 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Chapco Fence, LLC (Contractor). 2. Designated Contact Person as to City: Brian Benton, CPRP (PROJECT MANAGER) Leisure Services Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-228-7057 Cell: 772-205-7560 Email: bbenton@cityofsebastian.org , 2020. 3. Designated Contact Person as to Contractor: Jason Junnila (PROJECT MANAGER) President 4417 13"' Street #513 St. Cloud, FL 34769 Phone: 407-8926447 Email: chapcofence@aol.com 4. Agreement Document. In resolving conflicts, errors, discrepancies, and disputes concerning the scope of services or other rights or obligations of the parties, precedence shall be given in the following order (1) a fully executed Amendment to this Agreement, (2) provisions of this Agreement, (3) provisions of the Invitation to Bid, (4) provisions of Contractor's Bid Submission, (5) provisions of the Purchase Order, and (6) provisions contained in any governmental regulation incorporated herein by reference. There are no understandings or agreements except as herein expressly stated. 1. Exhibit "A" — Bid Form submitted by Contractor 2. Exhibit "B" — Contractor's Bid Submission 3. Exhibit "C" — ITB #20-06 Solicitation Documents, including any addenda, plans and specifications 5. Services. Contractor shall provide all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for removal and replacement of outfield fencing and installation of gates at Baseball/Softball Fields at Barber Street Sports Complex located at 1101 Barber Street, Sebastian, FL 32958, in accordance with the specifications listed in Section 10. Services provided under this agreement shall include all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for removal and disposal of the existing outfield fencing. 6. Term and Completion Time. The duration of the Agreement shall be for the completion of the work stated in Section 5. The project duration is 45 calendar days from the Notice to Proceed (NTP) for full completion of the project, including Punchlist items, and ready for final payment in accordance with the Agreement Documents NOTE: The City reserves the right to allow for any approved extensions. 7 Compensation. City shall pay Contractor for the performance of the work, in accordance with the Bid Form set forth on the attached Exhibit "A" in the amount of a FIFTY-TWO THOUSAND FOUR HUNDRED TWENTY-NINE DOLLARS AND THIRTEEN CENTS ($52,429.13). The option to add a fence topper to top rail of all fencino is available at an additional SIX THOUSAND FIFTY-TWO DOLLARS AND TWENTY-FIVE CENTS ($6.052.25). Completed work must be inspected and accepted by the City of Sebastian's designated Project Manager. NOTE: The City reserves the right to request additional information or documentation to detail items on payment request. City of Sebastian, Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 1 of 10 74 of 113 8. Notices. All notices between City and Contractor, as required under the Agreement, shall be by telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 9. Modification of Agreement. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of product or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 10. Services Provided by Contractor. The Services to be provided by Contractor are summarized in Exhibit "C", attached to this Agreement. If City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. Bid Specifications 1. Double Drive Gate: 24 foot wide (QTY 1) and 16 foot wide (QTY 1) 2. Walk Gate: 4 foot wide (QTY 6) 3. Fence Tvpe and Gauae: 9 gauge - 6 foot tall galvanized chain link fence 4. Line Posts: 2.5 inch X 8 foot for 6 foot tall fence 5. Terminal Posts: 3 inch X 8 foot for 6 foot tall fence 6. Top and bottom rails for 6 toot tall fence: 1 518 inch outside diameter 7. All pipe: S40 wall thickness 8. Posts set 10 foot on center in concrete footings: 8 inch in diameter and 2 foot deep for 6 foot tall fence. 9. Tie wire Spacine: 12 inches 10. Provide a one (1) year warranty against defects on all workmanship and materials 11. OPTIONAL: Fence Topper for Top Rail for ALL Fencing: Poly -Cap (COLOR — Yellow) 11. City's Project Manager. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All work shall be subject at all times to inspection and review by the Project Manager and the City. 12. Materials, Services, and Facilities: It is understood that, except as otherwise specifically stated in the Agreement, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Services within the specified time. The City will provide Contractor with access to the Facilities so as to permit Contractor to meet its obligations herein. City of Sebastian, Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 2 of 10 75 of 113 13. Insurance. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 13.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The requirements contained herein, as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Agreement. General Liability Insurance Not less than $500,000 Combined Single Limit per each occurrence. Automobile Liability Not less than $500.000 Combined Single Limit The Contractor shall submit and maintain worker's compensation Worker's Compensation insurance to the extent required by law for all their employees to be engaged in work under this Agreement, in accordance with Florida Statutes 440. 13.2 Other Insurance Provisions: 13.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy language, and ten (10) day notice if cancellation is for nonpayment of premium. The certificate shall indicate if coverage is provided under a "claims made" or 'occurrence" form. 13.2.2 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. For deductible or self -insured amounts that exceed $10,000, Contractor shall maintain a Commercial Surety Bond or Letter of Credit in an amount equal to said deductible or self -insured retention. 13.2.3 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall be non-contributory. 13.2.4 For all policies of insurance: Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages that occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. The City requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery Against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compensation coverage. City of Sebastian, Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 3 of 10 76 of 113 14. Change Orders. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in the Bid Price(s), or in the time required for performance of the Services, an equitable adjustment shall be authorized by way of a Change Order. 15. Indemnification. The Contractor shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Contractor, its family, associates, contractors, agents, employees, customers and attendees. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. The selected Proposer shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The selected Proposer expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the selected Proposer shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 16. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this Agreement by giving written notification thereof to the defaulting party. In the event of termination, City will be responsible for compensating Contractor only for those Services satisfactorily completed or partially completed up to the date of termination. Contractor shall not be entitled to compensation for loss of anticipated profit. 17. Licenses and Certifications. Contractor, or its sub-contractor(s), shall possess and maintain during the term of this Agreement any and all licenses required to perform the Services covered under this Agreement, as stipulated by the State of Florida and The City of Sebastian. 18. Public Records: Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Contractor will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Contractor does not transfer the records to the City. Upon completion of the Agreement, Contractor will transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. City of Sebastian. Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 4 of 10 77 of 113 19. Liquidated Damages. The City shall be entitled to liquidated damages every day that the Contractor is late in completing the work requirements as stipulated in the agreement, and solicitation documents. Said damages shall be deducted by the City from monies due to Contractor. If the Contractor fails to achieve full completion of the work by the timeframe established in the NTP (with an exception of any approved extensions set forth by the Project Manager), then liquidated damages will apply. NOTE: The Contractor's recovery of damages and sole remedy for any delay caused by the City shall be an extension of time on the Contract. The liquidated damages table shall be utilized to determine the amount of liquidated damages that shall apply: CONTRACT AMOUNT FIRST 15 DAYS SECOND 15 DAYS 31sT DAY & THEREAFTER Below $49,999.99 $50.00IDay $100.001Day $250.00IDay $50,000.00 - $99,999.99 $100.00/Day $200.001Day $750.00IDay $100,000.00 and Above $200.001Day $500.00IDay $2000.001Day 20. Payment of Payment Requests: 20A Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Services completed to the satisfaction of City. 20.2 Form of Request. If the payment request is not received in proper order, City may reject the payment request within ten (10) business days after the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of the rejection specifying the deficiency and corrective measures necessary to make the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business days after the date on which the corrected and proper payment request is recorded as received by City. 20.3 Resolution of Payment Request Disputes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be finally determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City in a timely manner, as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within forty-five (45) business days after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarify the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sixty (60) business days after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. 20.4 Payments to Subcontractors. When Contractor receives from City any payment for Services covered under the Agreement, Contractor must pay such moneys received to each subcontractor or supplier in proportion to the percentage of the Services completed by each subcontractor or supplier within ten (10) business days after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse only the funds received on a pro rata basis to its subcontractors and suppliers, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors or suppliers within seven (7) business days after the subcontractor's receipt of payment from Contractor. City of Sebastian, Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 5 of 10 78 of 113 21. Warranties: 21.1 Warranty of Ability to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its obligations under the Agreement. 21.2 Warranty Against Defects in Workmanship. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of one (1) year from acceptance of the Services by City. Should any defects in materials or workmanship appear during the warranty period, Contractor shall replace the materials or equipment, or repair or re -do the service, immediately upon receipt of written notice from City, at no additional expense to City. Contractor shall warrant such replaced materials or equipment, or repaired or re -done Services, for a period of one (1) year after acceptance of such by City. 21.3 Warranty of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due care in performing its Services and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole expense) promptly re -execute the nonconforming Services. All such re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the benefits of any of Contractor's subconsultant's or subcontractor's warranties. Such assignment shall not relieve Contractor of its warranty obligations for performance or standard of care to City under this Agreement. 21.4 Warranty of Title. Title to any work product furnished by Contractor under the Agreement shall pass to City to the extent of the payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordance with the Agreement, Contractor warrants that the work product furnished will be free and clear of all security interests, liens and encumbrances or claims of any party. 22. Additional Terms and Conditions (alphabetically listed): 22.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 22.2 Bankruptcy or Insolvency. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 22.3 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be grounds for termination of the Agreement. 22.4 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement. furthermore, Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any contract, sub- contract, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, of employee of Contractor or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. City of Sebastian, Florida / Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 6 of 10 79 of 113 22.5 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Agreement, whether incorporated into the Project or not, and Contractor shall promptly replace and re -execute the Services in accordance with the Agreement, without additional expense to City, and shall bear the expense of making good all Services of other contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If Contractor does not take action to remove such rejected Services within Len (10) calendar days after receipt of written notice from City, City may remove such Services on their own and store the materials at the expense of Contractor. 22.6 City Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. 22.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise City immediately if their status changes and will provide an explanation for the change in status. 22.8 Discriminatory Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/bid on a contract to provide any goods or services to a public entity, may not submit a Bid/Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity, and may not transact business with public entity. 22.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached. City shall render a decision and reduce such to writing and serve a copy on Contractor. The decision shall be final and conclusive. 22.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.15 Clean Up in the ITB Documents. 22.11 Documentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered works made for hire and will become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s). City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents are not to be sold or distributed to third parties without the written consent of City. 22.12 Drug Free Workplace: Contractor certifies that it has in place a Drug -Free Workplace Program in accordance with the Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form F submitted with Bid. 22.13 Electronic Signature(s). Contractor, if and by offering an electronic signature in any form whatsoever, will accept and agree to be bound by said electronic signature to all terms and conditions of this Agreement. Further, a duplicate or copy of the Agreement that contains a duplicated or non -original signature will be treated the same as an original, signed copy of this original Agreement for all purposes. 22.14 Employees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee, subcontractor and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. All workmen must have sufficient knowledge, skill and experience to properly perform the work assigned to them. All workmen must have proper FDOT safety vest or safety shirts during any mowing, staging of MOT or clean-up operation. City of Sebastian, Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 7 of 10 80 of 113 22.15 Environmental Issues. All notifications regarding environmental issues or requirements shall be sent immediately to City's Contact Person. Unless directed otherwise by City. Contractor is not to contact any local, state or federal governmental agencies concerning environmental issues involving the Project Site. 22.16 Equal Employment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et sea.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et sea.), Florida Civil Rights Act of 1992 (§ 760.10 et sec.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et sea.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.G. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et sea.), and any other Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub -contracts entered into by Contractor. Sub -contracts entered into by Contractor shall also include all other applicable labor provisions. No sub -contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall insert in its sub- contracts a clause requiring subcontractors to include these provisions in any lower tier sub -contracts that may in turn be made. Contractor shall comply with all state laws and local ordinances. 22A7 E-Verification System. Contractor shall comply with the Executive order No. 12989 as amended, and Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E-Verify system, httpsale- verifv.uscis.aovlemo, to verify the employment eligibility of: (1) all persons employed by Contractor during the contract term to perform any duties within Florida, and; (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract. Contractors meeting the terms and conditions of the E-Verify System are deemed to be In compliance with this provision. 22.18 Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible, The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. 22.19 Governing Law and Venue. The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida. 22.20 Governmental Restrictions. If Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. City reserves the right and the complete discretion to accept any such alteration or to cancel the Agreement at no further expense to City. 22.21 Immigration and Nationality Act: Contractor shall comply with all immigration laws as outlined in 8 USC 5 1324a - Unlawful emolovment of aliens. City will not intentionally award City contracts to any Contractor who knowingly employs unauthorized Alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. 22.22 Inspection, Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractors facilities to assess conformity of the provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after award of the Agreement, but should City elect to do so. Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the performance of its Services and shall be solely responsible for the means, methods, techniques, sequences, and safety of construction and operations. Contractor will employ and maintain at the Project Site a qualified supervisor or superintendent who shall have been designated in writing by Contractor as the Contractor's representative at the Project Site. The supervisor or superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. The supervisor or superintendent shall be present on the Project Site at all times as required to perform adequate supervision and coordination of the Contractors Services. City of Sebastian, Florida I Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 8 of 10 81 of 113 22.23 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement. 22.24 Lobbying. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. 22.26 Non -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Contractor intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public contract. 22.26 Non -Funding Clause. In the event sufficient budgeted funds are not available or depleted, City shall notify Contractor of such occurrence and contract shall terminate without penalty or expense to the City. 22.27 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-performance/deficiencies as identified by the City to the Contractor shall be addressed 1. Verbally 2. Written Notice. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 22.28 Permits. The Contractor shall apply for all required building permits from City of Sebastian and is responsible for any associated fees. 22,29 Project Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable and to have secured full knowledge of all conditions under which the Services are to be executed and completed. 22.30 Protection of Persons. Contractor will be responsible for the safety of its employees and the employees of its subcontractors, during the provision of the Services. Contractor will be responsible for initiating, maintaining and supervising all safety programs in connection with the provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -contractor employee or any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 22.31 Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, bid, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, bid, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 22.32 Relationship. Contractor is an independent contractor to City in the provision of the Services under this Agreement and is not an employee, agent, joint -venture, or partner of City. 22.33 Remedies. If any event of default occurs, City shall have the right, at the option of City, to pursue all remedies available at law or equity, including the termination of this Agreement and all rights of Contractor hereunder. Notwithstanding City's termination of the Agreement, Contractor shall remain liable to City for all claims for damages, costs or attorney's fees arising prior to such termination. 22.34 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially or fully completed, that are associated with the Services shall remain with Contractor. 22.35 Schedules, Reports and Records. Contractor shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Services covered under the Agreement. Furthermore, City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained by Contractor for a period of three (3) years from the date of final payment under the Agreement. City of Sebastian, Florida ! Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 9 of 10 82 of 113 22.36 Security and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Federal law as a public record. To insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. 22.37 Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 22.38 Survival. All express representations, waivers, indemnifications, and limitations of liabifity included in this Agreement will survive completion or termination of the Agreement for any reason. 22.39 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which are applicable to the provision of the Services under the Agreement. City will not pay for any personal property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate (No. 85-8012621778C-1). All purchases made by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase") instead of through the Contractor are exempt from sales, consumer, use and other similar taxes. 22.40 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 23. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anion Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN, FLORIDA: BY: Paul E. Carlisle, CITY MANAGER CHAPCO FENCE, LLC BY: Jason Junnila PRESIDENT City of Sebastian, Florida 1 Chapco Fence, LLC ITB #20-06 Fence Replacement at Barber Street Sports Complex Baseball/Softball Fields Page 10 of 10 83 of 113 Qn or SEBASMAN HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE RECOMMENDATION CITY COUNCIL AGENDA TRANSMITTAL July 8, 2020 Parks & Recreation Advisory Committee Interview, unless waived, and nominate two expired, regular members -- New term to expire May 31, 2023 Interview, unless waived, and nominate one expired, alternate member — New term to expire May 31, 2023 BACKGROUND: In response to the City Clerk's advertisement, the City Clerk has received notices that all of the incumbents would like to serve another term. No other applications were received. Mr. Agudelo, Ms. Webster, and Mr. Danise indicate there are no changes to their applications except that have served the City an additional year. ATTACHMENTS: Applications, Ad, List Clerk Authorization: ( � ULrlA Date: '% - I - ZDG 84 of 113 Cn cW sIEB^SiT'AN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: c,\s\S Address: kJt�`7�6 City:D»n State: Zip: V_1 J�D Telephone: { / /� , E-Mail Address: 1nVA) 4� \\j .A"3 Employer: �0EI&M' S !� Z4- City: \ CQ0 State:— Zip: 3_2 %� Business Telephone: ( 772 j ,)) - OW I am interested in serving on the following boa rds)/committee(s): I" Choice: }�ciC��Q?(,CtO��vC1 i��,�19ic��]�(�c��Cc�°d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent} DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 85 of 113 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) MV \b-� VP_U \NA-\ tot 1U� �Auce\w\1 \ vbD ,12 C \CKPA Us'\ CNQC\ M1 `\1�uqY--AN\Q Why do you want to serve o�n}}this board? 19 U � �t Sep- O6S \,Rwe. 4, 4( \zc�c�S Do you presently serve on another City Board or Committee? �a If yes, please list: j1 Have you previously served on any other City Board or Committee? r � 6 If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httr)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part i11) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. `'Jj 7�AlSignature of Applicant: RECEIVED hate: . 4/ 2 / 1 Date Received by City Clerk's Office MAY t L mSby:A-) 86 of 113 City of Sebastian City Clerk's Off;ce Louis OBJECTIVE My objective is to pursue a career in sports in the managerial field, Joseph or as a director. I have a passion to give back to the people around me who have helped to build not only me, but others in my Ag u d e l o community. It is an often overlooked, and undervalued department, but I believe that with enough hard work, and my willingness to make this difference, Parks and Recreation will be appreciated for 1533 Barber Street what it really is and does. Sebastian, FL 32958 7726465630 SKILLS lagud009@fiu.edu a CPR Certified e Photoshop Certified * Adobe Illustrator Certified • Experience hosting sports talk radio a Experience writing sports articles * Bilingual CURRENT OBLIGATIONS a Enrolled at Florida International University. I am majoring in Recreation and Sports Management, specifically the sports management track, completing my final year for a bachelor's degree. s In addition to coaching baseball at Sebastian River High School as an assistant, I umpire for Indian River County recreation. I have worked as a referee for basketball, and volunteered as a coach. • I work part-time at Dominos Pizza as a delivery driver. It's a mostly stressless job and gives me time to focus on other priorities. EXPERIENCE Listed below are jobs related to this field of work, although I can present detail and contact for other jobs i have previousiy held. Intern for the City of Vero Beach Recreation Department Vero Beach, FL -- Summer 2018 Assisted in event planning for the recreation. Events included 4th of July Celebration held at Riverside Park, and the annual Aerial Antics Circus held at St. Edwards. Worked at Aerial Antics summer camp as a sports counselor. 87 of 113 Staff writer and radio show host at FIU Student Media Sweetwater, FL -- 2014-2016 • FIU Swimming and Diving beat writer for FIU's "The Beacon" v Have hosted multiple shows for FlU's WRGP After School Counselor at The Miami Beach Jewish Community Center Miami Beach, FL -- 2015-2016 • Responsible for picking up elementary school students and bringing them back to the MBJCC • Helped with homework for anyone who needs it after school during the week • Responsible for overseeing sports activities that the children participate in, and teaching them how to play those sports Lifeguard at North County Aquatic Center Sebastian, FL— 2014-2014 s I was to attend to distressed patrons • Make sure patrons were following the rules • I was to protect the lives of each person who walked through the gate, and to be attentive, and prepared at any moment to provide immediate medical care, and/or rescue EDUCATION Sebastian River High School Diploma - 2010-2014 Florida International University Recreation and Sports Management Bachelor's (2020) REFERENCES Available upon request. Carlin parker - 772-473-9989 Latisha Butler-McCants - 772-480-6820 88 of 113 e • 1 VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired From certain professions relating to law enforcement may request that their physical address and phone number remain confldential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee -terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for "succeeding terms upon term expir tion. Name: "'J r✓ Address:—) lN�i�l;r� City: State: Zip: S "T'elephone: E-Mail Address: Employer:d T - City: 4�/�� f) �/� State: ! Zip: - Business Telephone: is i No ! - c ?6 13 I am interested,iserving, on the following boards)/cornmittee(s): In Choice: 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years—nextmeeting in 2616) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 89 of 113 �• : RECEIVED A4�Y - 9 2012e'�r�S City of Sebastian City Cierk's OfBee APPLICABLE EDUCATION ANDJOR EXPERIENCE: (a brief resume Is required) j�- S t r-C e r,-6,L f qq3 f �L Prs 3cba-s �,q,n A V e� �Po, Lc TT � Lae 9 (V HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYINGr FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER SEEN CONVICTED OF ANY FI=LONY IN TH IS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OFANY.MISDEMEANOR INVOLVING moRAL TURPITUDE IN TI-I1S OR ANY STATE? o WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN•THE ONES) SELECTEE] ABOVE? [ hereby certify that [-am qualldad to hold the pasftlon forwhfch this agpEmSon is made_ FUrther, [ hereby auftrza the City, of Se msEan to investgatB th a buthMIness of all lnfb.-maf[on whrch I have provided In this appkcaisen- undeistarrd that any or omission of 1r&rmatlorr requested In #his appffcatfon Is cause for drsquaJlrm9on. l have been p=1ded with, read and understand City of Sabastlan Cade of Ordinances Sections 2-166 through 2-1 T3 (attached). Information relative to a specific board or rrti available if acted. - - ;lcarrtSignattrra SubscrI bed and sworn to before me the •day of % U . by t 40 YJ ✓ whb Is persona0yr (mown to e. or has.. produced as41dendoe_ Nlcj66.f Florida Please return to Of les of the City Clerk',1225 Maln Street, Sebastian, FL 32958 - (772j SW-5M ' *>-formlapplicafwpd `\��PGC1DN�tpri{iirfi��, rev_ 7=7 ; GQ,�'aF�ta�" •,� F� 90 of 113 CITY L sET_v HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: City:t17x//// State: zf�Z Zip:Telephone: E-Mail Address: (ft'%p�C�/%c "��/4-%��21/ Employer: Xf City: State: Zip: Business Telephone: ( ) - 1 am interested in serving on the following boa rd(s)/committee(s): 15T Choice: /`C /e ��,,soi �' / � ��l�C� 2nd Choice: �`z✓�c`�/�1C i%�� CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) 'Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 91 of 113 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) r Why do you want to serve on this board? Do you presently serve on another City Board or Committee? '%/ If yes, please list: Have you previously served on any other City Board or Committee?mil �i If yes, please list: a/12' ICE tlllel-7 I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian, I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forrns.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or o7-S ns from this ap lication may be cause for my application not to be considered. i� /� Signature of Applicant�C�U%f7/,� Date Received by C"t-y Clerk's Office ALU U by: 1-41, I —( I 6-4 92of113 Who is Coach Danise? Past Florida High School Tennis Coaches Association President and Training Coordinator, John L Danise Jr. is blessed to be the husband of Barbara (Bobbie) Danise and proud father of their rive children, nine Grandchildren and two Great Grandsons. John has been blessed to be coaching for the past 50+ years; first as a basketball coach and then when he started using tennis as cross training for his basketball teams, he started volunteering in tennis and became a teaching tennis instructor. Coach Danise is in his 30th year as a Professional Tennis Registry Pro. Coach Danise was the second USPTR/Florida President and in 2002 became one of those teaching Professionals who had successfully completed the USTA High -Performance Coaching program. Recognized Nationally & Internationally, he has been a previous speaker at the .Florida Athletic Coaches Association, the National High School Coaches Association, The Professional Tennis Registry International Symposium, and numerous other events and business groups. Coach Danise entered the third face of coaching, marrying individual tennis coaching as well as Mental and Business coaching. As director of the former John Danise School of Tennis, his Business and Personal Development Plans have proven to be successful locally and as far away as India. Coaching the Sebastian River High School Tennis team for twenty years, (Scripps News Paper, "2004 Tennis Coach of the Year" for the Treasure Coast); brought him into being part of a group of tennis coaches who formed the Florida High School Tennis Coaches Association. Coach Danise became the associations first President and upon registering as a not for profit organization, became its Executive Director. He partnered with Human Kinetics and formed the Nation's first high school tennis coach's team certification program, "FHSTCA Team Tennis Coach Certification". Coach Danise is one of the inaugural members of two high school hall of fames, (2016 FHSTCA Hall of Fame and in 2017 the National High School Tennis Coaches Association Hall of Fame), he and his wife has also taken eight teams to the AAU Junior Olympic Games, coached at the Team Florida Challenge and was blessed to coached at the World Scholar- Athlete Games, and four years later returned as the Tennis coordinator for the 2006 Games at the University of Rhode Island. He also serves as the Tennis Director for District 15 NJTL Association. John still found time to serve on Sebastian's Recreation Board and most recently on the Charter Review board. 93 of 113 Coach Danise served eight years as a Board member of the United States Tennis Association / Florida Section; he was Tennis Chairman of the Florida Athletic Coaches Association, the first President of the Florida High School Tennis Coaches Association and the immediate past Executive Director of the Florida High School Tennis Coaches Association; since 2012 John's articles can be read in each issue of Florida Tennis Magazine, He can be heard weekly on Blog Talk Radio network, hosting, `Coach Danise Exploring Tennis Blessings And Its Effects On Life's Journey". 94 of 113 May 26, 2020 Contact: City Clerk's Office 388-8215 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE The City of Sebastian is seeking applicants to fill two expired, regular member positions; and one expired, alternate member position on the Parks and Recreation Advisory Committee. This Committee meets on the fourth Monday of each month at 6:00 p.m. to study and provide recommendations to City Council as to the City's park system and recreational programs and facilities. These are volunteer positions and applicants must be City residents. The terms will expire 5/31 /2023. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted until June 17, 2020. 95 of 113 PARKS & RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 MEMBER NAME /ADDRESS TERMS Dante Renzi Term to expire 5/31 /2022 1149 W. Lakeview Drive Apptd 6/12/19 Sebastian, FL 32958 571-5891 Apptd ALT 1 /23119 WackvsruIe1 C&aol.corn Matthew Sims -Chair Term to expire 5/31/2021 103 Bellamy Trail Appointed 9/24/08 Sebastian, FL 32958 Reapptd 519/12 538-4369 Reapptd 5/27115 OneStooCellular5 ,aol.com Reappted 6/13/18 Louis Agudelo Term to expire 5/31/2020 1533 Barber Street Apptd 6/12/19 Sebastian, FL 32958 646-5630 LaQud009(@fiu.edu JoAnn Webster Term to expire 5/31/2020 765 Wentworth Street Apptd 11/28/12 Sebastian, FL 32958 Reapptd 5/28/14 633-8502 Reapptd 5/28/17 webstersnorthO,aol.com ------------------------ Apptd ALT 8/11/10 Reapptd ALT 519/12 JoAnne White Term to expire 5/31/2021 449 Easy Street Appointed 6127/07 Sebastian, FL 32958 Reapptd 519112 766-2501 Reapptd 5/27/15 rnvfloridateam(d�gmail.com Reapptd 6113/18 John Danise — Alt Member Term to expire 5/31/2020 164 Coply Terrace Apptd 6/12/19 Sebastian, FL 32958 589-4278 Coachdanise-thstchCa7att_net Richard Mauro — Alt Member Term to expire 5/31/2021 438 Pine Street Apptd 5/27/2020 Sebastian, FL 32958 (815) 218-9150 Rm61114(@gmail.com 79 96 of 113 ON Lf SEA LN HOME OF PELICAN ISLAND Council Meeting Date: July 8, 2020 CITY COUNCIL AGENDA TRANSMITTAL Agenda Item Title: Approve Resurfacing of Clay Tennis Courts at Friendship Park Clay by Welch Tennis Courts, Inc. Recommendation: The Procurement Division, on behalf of the Leisure Services Department, recommends that the Council APPROVE the resurfacing of Tennis Courts at Friendship Park. Backaround: The Tennis Courts at Friendship Park were built in 2005 and last resurfaced in 2016. It is industry recommended that clay tennis courts be resurfaced every 4 to 7 years, depending on climate and usage of the courts. The scope of the resurfacing project will include resurfacing all four (4) tennis courts and the installation of new net posts and court lines. Three (3) vendors were contacted based on qualifications and availability and given the opportunity to submit a quote. Welch Tennis Courts, Inc. provided the lowest price to provide the full scope. At the May 14th, 2020 City Council meeting it was requested that staff look into the feasibility and costs to convert the clay tennis courts into asphalt courts. The City received a cost estimate from Welch Tennis Courts, Inc. to convert the clay tennis courts to asphalt for $244,600.00 and this estimate does not include fence replacement which staff feels would be necessary. This information was presented to the Parks & Recreation Advisory Committee on June 22"d, 2020 and the committee unanimously approved a recommendation to City Council to keep the clay courts and not convert them to hard courts. If Aaenda Item Requires Expenditure of Funds: Total Cost: $23,300.00 Amount Budgeted in Current FY: $30,000.00 Fund to Be Utilized for Appropriation: General Fund /j Administrative Services Department Review:' 1 Attachments: 1. Price Quote from Welch Tennis Courts, Inc. 2. Price Quote from Fast -Dry Courts 3. Price Quote from Sport Surfaces 4. Price Quote from Welch Tennis Courts, Inc. to convert the courts from clay to asphalt City Manager er thorization: �v Date: 97 of 113 Welch 7 ennis Courts, Inc. World's Largest Builder of Fast Dry Courts Constructeon - Resurfacing - Lighting - Accessories USTA - USPTA FAST DRYING TENNIS COURT ASBA - TIY RESURFACING PROPOSAL Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractor") proposes to furnish the labor, materials, equipment, and services necessary to resurface the following: four (4) Har-Tru Tennis Courts at. The Friendship Park at 1225 Main Street in Sebastian, Florida. In accordance with, and subject to, the terms, conditions and specifications set forth below, the construction work is referred to in this proposal as the "Project." l . COURT RESURFACING: The Contractor shall resurface four (4) Har-Tru tennis courts, each court measuring approximately 60 feet by 120 feet. a. The existing line tapes and nails shall be removed. If nails require removal by hand (missing nail heads or nails do not pull out when line tape is removed) or new line tapes require pre -drilling each hole (determined if line tape nails bend during normal installation), a change order shall be issued for the additional work which shall be performed at a rate of $75 per man-hour. b. Scarify court surfaces as needed, clean courts of all excess dead material, surface algae, mold and other organic growth. c. Treat the courts using Welch Tennis A1gaeBlasterTM algaecide to inhibit future organic growth. d. Add approximately 5.6 tons Har-Tru material to each tennis court; this material shall be placed with laser -guided grading equipment to provide a smooth and even surface. Courts shall be rolled twice after the placement of the Har-Tru material and once more after installation of the line tapes. The courts may require additional rolling by the Owner to obtain a firmer playing surface. e. New herringbone line tapes shall be installed. f. Provide and install new net posts; the existing nets shall be re -installed. (The replacement of net posts will only be in sleeved/existing foundations. If old net posts or old sleeves cannot be removed, net post replacement and new foundation price: additional $1,800.00 per court) g. The Owner shall be responsible for providing the contractor an onsite dumpster during the resurfacing. 2. CONTRACT PRICE: The Contractor shall resurface the courts specified in this proposal/contract for the following contract price: LASER GRADING FOUR COURTS (adding 5.6 tons per court) $23,300.00 NOTE: The Contractor makes no guarantee implied or otherwise that the amounts of Har-Tru material shown above will be sufficient to bring the courts to the recommended one (1) inch of total surface material or recommended slope. If during scarification the screening layer is encountered, scarification shall be suspended and application of clay shall proceed without any further scarification. OPTIONS (Options listed below are priced based on the work being performed in conjunction with the work described above.) OPTION 1: WTC 3.0 DTS PROFESSIONAL NET $160.00/EA (Initials) 4501 Old U.S. Hwy 41 S. - P.O. Box 7770 - Sun City, FL 33586 - Phone (813) 641-7787 - Fax (813) 641-7795 Toll Free 1-800-282-4415 - Email: info@welchtennis.com - www.welchteanis_com 98 of 113 3. PAYMENT TERMS: A 50% down payment, which is due upon acceptance and signing of this proposal/contract, is required in order to schedule court resurfacing. A final 50% payment shall be due upon completion of the entire Project. NOTE: Payments offered by credit card will incur an additional 4% surcharge for each transaction. Payment of Contractor's invoices is due upon receipt of the invoice by Owner. Late charges, at the rate of l'/z% per month (18% per annum maximum) shall begin to accrue on any unpaid invoice balance, beginning thirty (30) days after the invoice date. Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc, reserves the right to stop work in the event of non-payment. 4. ESCALATION CLAUSE: If, for any reason, construction of the work contemplated by this agreement does not begin within sixty (60) days from the date this proposal is accepted or signed by the Owner, or if there is a significant price increase in the cost of materials, equipment or energy, through no fault of the Contractor, the contract price(s) specified herein, the time for completion, and any other contract requirements impacted by such price increases or delays in commencement of the work, will be adjusted by written change order modifying this proposal/contract. A price change shall be deemed to be `significant" if the price of any material, equipment, or unit of energy increases by 5% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 5. WARRANTY: Welch Tennis Courts, Inc. shall warranty the completed Project to be free of significant defects in workmanship and materials for a period of one (1) year. The warranty shall commence on the date of completion, but will not be enforceable, unless payment is made in the MI amount of the executed contract, including change orders and late payment fees (if applicable). 6. BUILDING REQUIREMENTS. The Owner shall provide access to the site for tractor -trailers and other vehicles with a weight in excess of twenty tons and provide an area adjacent to the site for storing and preparing materials. The Contractor shall exercise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by normal construction operations (for example; damage to sod, landscaping, sprinkler lines, pavement access, etc.). The Owner shall notify, locate and mark for the Contractor, prior to construction, any water, sewer, electrical or other conduits, which are located at the court beneath the ground surface or otherwise obstructed from view, and in the absence of such notice, the Contractor shall not be held liable for any damages to conduits during the course of construction. The Owner shall provide an onsite dumpster for the Contractors use during construction. In the event the Owner is unable to or would like for the Contractor to provide the dumpster, the Contractor shall coordinate the delivery of a construction dumpster for the j obsite. The costs for the dumpster, including but not limited to pick-up, delivery, monthly/weekly fees, and dump charges, shall be the responsibility of the Owner. 7. BINDING CONTRACT: This agreement and all of its terms and conditions shall be binding upon the parties to this agreement and upon the personal representatives, executors, administrators, heirs and successors assigns of either party. 8. ATTORNEY'S FEES; COSTS OF COLLECTION; VENUE: In the event that a dispute arises out of this agreement, and a civil action is brought by either party to resolve the dispute, then, in such event, the prevailing party, as determined by the Court hearing the matter, shall be entitled to recover its court costs, including reasonable attorney's fees, from the non -prevailing party. In the event that any sums invoiced by Contractor under this agreement are not paid when due, and suit is brought to enforce this agreement or to recover payment of any balance(s) due and owing by Owner under this agreement, Contractor shall be entitled to recover its costs of collection, including reasonable attorney's fees, regardless of whether suit is brought or not. Any action to enforce this contract or any action arising from FAends.Vp Park A 6H Res BKb 419no2o 99 of 113 this contract (which does not include an action to enforce a construction lien under Chapter 713 of the Florida Statutes) shall be brought only in a court of competent jurisdiction in Hillsborough County, Florida. 9. TIME FOR ACCEPTANCE OF PROPOSAL: This proposal and the prices set forth herein shall be valid for only 30 days from the date of this proposal, and must be accepted within such time. 10. ENTIRE AGREEMENTICHANGES TO AGREEMENT: This proposal, once accepted by Owner, sets forth the entire agreement between the parties, and all oral representations, prior negotiations, understandings, agreements, conditions, and terns discussed between the parties prior to acceptance and signing of this proposal/agreement by Owner are deemed to have merged into this agreement. This agreement may not be modified or amended, except in writing, which is signed by all parties to this agreement. If the Owner of the property upon which the work is to be performed are husband and wife, residing together, the signature of one spouse shall be binding upon the other, and the signing Ownerfspouse shall be deemed to have been given the actual authority to bind upon Welch Tennis Courts, Inc. unless and until it is first counter -signed by an authorized officer of Welch Tennis Courts, Inc. SALES REPRESENTATIVE Wayne Marshall, (561) 702-8881 ACCEPTED BY: Total Contract Price (Including Options) (OWNER) DATE: Type/Print Name & Title Accepted and Approved By: WELCH TENNIS COURTS, iNC. DATE: George Todd, Jr., President Fric &Lp Park 4 011 Res M 012620 100 of 113 4 ADDENDUM #1 This addendum shall become part of the contract documents and shall supersede any verbal or written agreements between Welch Tennis Courts, Inc. and the Owner. Modification of this addendum shall only occur by an executed change order. Project Information Sheet Customer Name: _ Project Address: Billing Address: Primar, Contact: Accts Pa%able Contact. Name: Name: Number: Number: Email Address: Email Address: Color Selection: Green Black NIA Other Lighting ❑ ❑ ❑ Fencing ❑ ❑ ❑ Cabana Frames ❑ ❑ ❑ Cabana Canvas ❑ ❑ ❑ ❑ Net Posts ❑ ❑ ❑ Windscreens ❑ ❑ ❑ ❑ By signing below the Owner is authorizing Welch Tennis Courts, Inc, to proceed with the selections above and that all information is accurate and true. (Signature) (Date) (Print Name) Friendship Pack 4 OH R" 8Kb 41912020 101 of 113 AMERIGAN MEMBER SPORTS BUILDERS RS ASSOCIATION Yoh #16139 8ifffng: Brian Benton City of Sebastian 1225 Main Street Sebastian, FL 32958 Contact: Brian Benton Telephone: 772-2 28-7057 E-mail: bbenton@cityofsebastian.org Dear Brian: 14,10 11.W. 13°1 Avowe Pon:pumo I mc—Py T1. 33069 PROPOSAL Job Address / Shipping: Merbert Milon City of Sebastian 100 Veterans Memorial Way Sebastian, FL 32958 Thank you for taking the time to allow me an overview of your project needs. Fast -Dry Courts, Inc. proposes to provide the scope of work described as laser -taper resurface four (4) Har-Tru tennis court(s) measuring 120' x 120'. Clean surface to remove visible surface algae and dead material; remove old lines and nails, scarify surface as needed, redistribute excess usable green rock from the low end to the high end, apply 22.5 tons (+/- 5.6 tons per court) of new Har-Tru material using laser guided grading equipment to help reestablish the precise court slope and a more optimal surface depth. Install new herringbone style line tapes secured with 2-1/2" aluminum nails to USTA specifications. Sand and paint the net posts and rehang owners existing tennis nets. Courts will be roiled to initial firmness. All wastes will be left near the court at Owner's provided dump site for the total cost of $21,395.00. With resurface, include replacing four (4) sets of net posts with 10-5 Aluminum External wind Net Posts for the additional cost of $5,950.00. With resurface, include replacing four (4) nets with top of the line Streamliner nets for the additional cost of $1,575.00. Fast -Dry Courts, Inc. has a proven 32 year track record of exceeding customer expectations. As a family -owned and operated company, we have completed over 9,192 projects without a single lawsuit regarding quality or performance. It is our commitment to quality and professionalism that led the American Sports Builders Association (ASBA) to recognize Fast -Dry Courts, Inc. for excellence in tennis court construction for an unprecedented 23 consecutive years. Over 68% of our projects last year were from existing customers or referrals. Our Project Managers have at least 13 years of experience. Furthermore, we are a licensed General Contractor, bondable and insured up to $3,000,000.00. Should you wish to move forward, a formal agreement will be required prior to job scheduling and commencement. Due to the volatility of pricing for construction materials, this proposal is valid for thirty (30) days from the date of issuance, unless extended in writing by Fast -Dry Courts, Inc. If you have any further questions, please call me at (800) 432-2994. Sincerely, Fasj Dr Cour s, Inc. Sean Froehling Account Executive www.fast-dlrN,,.com & www.10-s.com National: (800) 432-2994 - -- Local: (954) 97 9-3 111 - —Fax: (954) 978-8479 CONSTRUCTION <> RESURFACING a MAINTENANCE <> SUPPLY 102 of 113 SPIT`' as* S i F7�G��'r April 130, 2020 Attn: Brian Benton City of Sebastian 1225 Main St Sebastian, FL Dear Brian, 7011 Wilson Rd. WPI3 FI. 33413 561-964-2001 -Fax: 561-964-5009 www.spartsurfaces.com Thank you for giving Sport Surfaces the opportunity to quote you on your clay -tennis court resurfacing needs. Here at Sport Surfaces we believe that the key to successful business is having the right product/service at the right time, offering the best quality for the lowest price. We are continually striving to be the most innovative, creative, service minded company in the tennis industry. We have been in business for many years and our highly skilled technicians are trained to perform all phases of athletic court construction, resurfacing and maintenance. Sport Surfaces has installed top quality athletic courts right in your neighborhood and all over the world. Our Company has a long list of satisfied customers ranging from the US Coast Coast to top seated players. In addition, we carry a. full line of sport court equipment, accessories and lighting products. Remember that we guarantee to beat any competitor's price. Just call and show us a lower bid and we will honor their price. Please let us know if you have any questions or comments. For more detailed information about our services and products, please visit our web page at www.sportaurfaces.com We look forward to hearing from you and the possibility of doing business with you_ Our reputation and work history guarantee you have made the right decision. Sincerely, 5�lBGCR. L/ Sales Estimator - Sport Surfaces LLC. Page 11. Construction Resurfacing Supplies Licensed & Insured 103 of 113 9*141 S T-?) ,nCES PROPOSAL/AGREEMENT April 131h• 2020 Attn: Brian Benton City of Sebastian 1225 Main St Sebastian, FL 7011 Wilson Rd. WPB FI. 33413 661 -964-20 01 , Fax: 561-964-51109 www.sportsurfaces.com Agreement made between Sports Surfaces LLC. hereinafter called the Contractor and the City of Sebastian, hereinafter called the Customer for the resurfacing of your (4) existing tennis court with respect to the following terms and specifications: COURT PRIEPARATION: Area to be approximately: 4 courts: 60' x 120' each Contractor will scrape courts of all foreign materials including excess "dead" har-tru material. Waste will be removed to a designated area an site. Contractor will scrape algae from edges of court and under net as needed. Contractor will remove line tapes and nails and dispose in designated area on site, Contractor wil I laser -grade surface using up to 6 tons on each court of new har-tru material per court to help maintain a more precise slope and plane. Contractor will water courts to full depth and toll courts using a Brutus -Tandem Roller. Contractor will install Lee Classic 11 line tapes using aluminum nails in accordance with U.S.T.A. specifications. Contractor will once again, roll, brush and compact material as required. PROVISIONS The Customer agrees to pay a 33% deposit upon acceptance of proposal The Customer agrees to pay a 33% deposit upon commencement The Customer agrees to pay balance upon completion of the above -proposed work. Privacy / Terms and Conditions Policy: CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR PRIVACY / TERMS AND CONDITIONS WHICH CAN BE FOUND BE FOUND ON OUR WEBSITE: https://sportsurfaces.com/terms-and-conditions CREDIT If the Customer does not pay as agreed upon, the Contractor shall have the right to file a lien against the real estate for the amount of the work done. No further work shall be accomplished if installment payments are not made at the time specified. In the event it is necessary to employ the services of an attorney to secure payment, as per the terms of this agreement, then the customer agrees to pay reasonable attorney fees. Interest of 1 '/x % per month will be charged on accounts past due April 13'h- 2020 Page 1 2 Construction Resurfacing Supplies Licensed & Insured 104 of 113 ST30MT Attn: Brian Benton City of Sebastian 1225 Main St Sebastian, FL 7011 Wilson Rd. WPB FI. 33413 561-964-2001 Fax: 561-964-5009 www.sportsur-faces.com GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of (2) veers from date of completion. This guarantee excludes Normal wear and tear, physical abuse or neglect and any other conditions beyond the contractor's control, such as sub -base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles, intrusion of weeds or grass, etc. Existing cracks may reappear at any time. Proper tennis shoes must he worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface, Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule - FEE The Contractor agrees to provide tools, materials, labor, supervision and insurance to complete the above work for a sum of **A*TWENTY THE REE THOUSAND AND SIX HUNDRED DOLLARS ($23,600.00) **** *All prices are in U5 Dollars. Prices are subject to change after ninety days. Our bid prices are based upon you providing adequate access and storage areas. OPTIONS: Alternate Addition - Please initial to accept Option 1: Contractor will install and supply (4) pairs of poles, footers, and sleeves ADD 8,000.00 Option II: Option III; Respectfully submitted by Proposal accepted by: _ Page 1 3 Contractor will supply and install (4) tennis nets ADD S1,400.00 Contractor will supply and instal l (4) pairs of new poles on existing sleeves ADD $1,500.00 Sales Estimator- Sport Surfaces LLC. Title: Construction Resurfacing Supplies pate: Licensed & Insured 105 of 113 Welch Tennis Courts, Inc. 111orld's Lrlrgesf Builder of Fasl Dry Courts Cbnstructiou - Re-vii javing - 11ghting - Acccv.vorie.� USTA - USPTA ALL-WEATTII:R (ASPHALT) 'TENNIS COURT ASBA - TIY CONSTRUCTION PROPOSAL. Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractor") proposes to furnish the labor, materials. equipment, and scrviees necessary to convert four (4) Fast -Drying Tennis Courts to All - Weather Tennis Courts at Friendship Park in Sebastian, Florida. In accordance with, and subject to, the terns, conditions Ind specifications set forth below, the work is referred to in this proposal as the "Project." 1. CONSTRUCTION REQUIRENIENTS: The Owner shall be responsible Ior assuring that the work described in this proposal complies with all applicable zoning requirements and deed restrictions. The Owner shall be solely responsible for the suitability of the project site and the constructability of the Project upon the property. This proposal includes all allowance for permits, fees, engineering costs and related acquisition costs, if ally; costs in excess of this allowance shall be reimbursed by the Owner to the Contractor. The Contractor sliall provide the required contractor licensing to perform the work described herein, along %vith general liability and workers' compensation insurance. If a waiver of subrogation is required by the Owner, an additional charge of $250.00 will be added to the contract price. If the Owner requires bonding in the loan ol' payment and perforniance bonds or insurance in excess of the limits of liability covcra��e usually carried by C'ontraclor such additional coverage and bonding will be provided to the Owner at the Contractor's cost. 2. COURT' CONSTRUCTION: The Contractor shall convert 1bur (4) fast -dieing tennis courts to all-weather tennis courts. The courts are in two (2) batteries, each battery measuring approximately 115 feet by 120 feet. a. The existing brick curb, net posts, net post looters and I lar-Tru surface material shall be removed and disposed of'off--site. The remaining sub-hase shall lie: laser -graded to achieve the proper slope of one (1) inell in ten (10) feel. b. Six (6) inches of new base material shall he installed with laser -guided equipment and shall be topped with one and one-half (1'h) inches of compacted asphalt hot mix. NOTE: Welch Tennis Courts, Inc, cannot guarantee that file asphalt hot mix and/or hase material will be free of all impurities (iron, clay halls, wood hits and deleterious material). These materials can be present in the materials received front our suppliers. The presence of such deleterious materials can result in discoloration of the surface and/or raised bumps in the court surface. c. After the asphalt has properly cured, the Contractor shall apply two (2) filler coats of Deco Acrylic Resurtacer material to the entire court surthcc. '] icil Iwo (2) lull coils of Deco Color MP on tlx: entire: coirirt surface. 'fife courts shall be the Owner's choice of standard colors. No "birdbath" deeper than 1/16 (-)["Ill inch shall exist ,filler flooding the courts and allowing one hour of time to elapse: al a temperature of al least at 70 degrees Fahrenlicit (21 degrees Celsius) in sunlight. d. Court Completion: Regulation playing lines shall be striped using inasking tape and white line paint. External -wind aluniinuni net posts shall be installed in new fioundations along with WTC 3.0 DTS nets with polyester liead bands, synthetic center straps and anchors. 4501 Old (J.S. Hwy 41 S. - P.O. Box 7770 - Sun City, FL 33580 - Phone (813) 641-7787 - Fax (813) 641-7795 Toll Free 1-800-282-4415 - Email: infba7welchtennis. Cow - www.welchicnnis.com 106 of 113 2 3. FENCING: The Contractor shall access the courts by removing; a portion of the existing fence, which shall be re-ins(alled at completion of the Project. The Contractor shall "Cut and Knuckle" the existing fence to conform to the slope of the new courts. No other fencing is included in this proposal. No windscreen removal or reinstallation is included. 4. CONTRACT PRICE: The Contractor shall complete the Project described herein for the following contract prices: ALL-WEATHER TENNIS COURTS (4) $244,600.00 ALLOWANCE FOR PERMITS/FEES/ENGINEERING $0.00 TOTAL '4244,600.00 5. PAYMENT TERMS: Contract amount shall be billed based on AIA progress Payments and Schedule of Values, NOTE: Payment of Contractor's invoices is due upon receipt of the invoice by the Owner. Laic charges, at the rate of l V2% per month (18% per annum ntaximuni) shall begin to accrue on any unpaid invoice balance, beginning thinly (30) days after the invoice date. Welch Tennis Courts, Inc. reserves the right to stop work in the event of non-payntent. 6. ESCALATION CLAUSE: If, for any reason, the work contemplated by this agreement does not begin within sixty (60) clays from the: date this proposal is accepted or signed by the Owner, or if' there is a significant price increase in the cost of materials, equipment or energy, through no fault of the Contractor, the contract price(s) specified herein, the time for completion, and any other contract requirements impacted by such price increases or delays in commencement of the work, will be adjusted by written change order modifying this proposal/contract. A price change shall be deetned to be 'significant" if the price of any material, equipment, or unit of energy increases by 5% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 7. BUILDING REQUIREMENTS. The Owner shall provide access to the site for tractor - trailers and other vehicles with a weight in excess of twenty tons; provide an area adjacent to the site for storing and preparing materials. The Contractor sliall exercise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by nonnal construction operations (i.e. damage to sod, landscaping, sprinkler lines, pavement, sidewalks, etc.). The Owner shall notify, locate and mark for the Contractor, prior to commencement of the Project, any water, sewer, electrical or other conduits, which are located at the courts beneath the ground surface or otherwise obstructed front view, and in the absence of such notice, the Contractor shall not be held liable for any damages to conduits during the course of the Project. The Owner shall also be responsible for sodding; (or other suitable provisions for preventing erosion) around the perimeter of the courts. If sod is used, it should be placed approximately one inch below the surface level of the courts to allow for adequate court drainage. S. WARRANTY: Welch Tennis Courts, laic. shall warranty the completed Project to be free of significant dcfccts in workmanship and materials f'or a period of'one (1) year. The warranty shall commence on the date of completion, but will not be enforceable, unless payment is made in the full amount of the executed contract, including change orders and late payment fees (if applicable). Cracking in court surface is not warranted. Fnm61.VP=14AWCCm, Rig S-27 -0:0 107 of 113 9. BINDING CONTRACT-. This agreement and all of its teens and conditions shall be binding upon the parties to this agreement and upon tilt: personal representatives, executors, administrators. heirs and successors assigns of either party. 10. ATTORNEY'S FEES: COSTS OF COLLECTION; VENUE: In the event that a dispute arises out of this agreement, and a civil action is brought by either party to resolve the dispute, thela, in such event, the prcvailin.- party. as determined by tu• Court hearing the matter, shall be entitled to recover its court costs. including reasonable attornev^s. Ices, from the non -prevailing party. In the event that ally sums invoiced by Contractor under this agreement are not paid when due, and suit is brought to enforce this agreement or to recover payment of any balance(s) due and owing by the Owner UndCl- this agreement, Contractor shall be entitled to recover its costs of collection, including reasonable attorney's fees, regardless ofwhether suit is brought or not. Any action to enforce this contract or any action arising from this contract (which does not include an action to enforce a construction lied under Chapter 713 of the Florida Statutes) shall be brought only in a court of competent jurisdiction in Hillsborough County, Florida. 11. TIME: FOR ACCEPTANCE Of PROPOSAL: This proposal and the prices set forth herein shall be valid for only 30 days from the date of this proposal, and must be accepted within such time, unless the Contractor agrees in writing to extend tile time tar acceptance. Acceptance of this proposal by the Owner shall Live rise to a binding and cnioreeablc contract. 12. ENTIRE AGREE MENTICHANGES TO AGREEMENT: This proposal, once accepted by the Owner, sets forth the entire agreement between the parties, and all oral representations, prior negotiations, understandings, agreements, conditions. and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by the Owner are decined to have merged into this ain-cement. This agreeilnerit may not be modified or aincilded, except in writing, which is signed by all parties to this agreement. SALES I11:PRESENTATIVE Wayne Marshall ACCEPTED 13Y: (OWNER) DATE: Type/Print Name & Title Accepted and Approved By: WELCH TENNIS COURTS, INC. DATE: Gcorgc 'I" odd, Jr., I'rc:sidetlt t nrr..hhirP-MAWri'„n. HI I 4 i !1G1 108 of 113 MY OF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 8, 2020 Aqenda Item Title: Approve "Piggyback" for One -Time Wetland Maintenance Using South Florida Water Management District Contract #4600003457. Recommendation: The Procurement Division, on behalf of the Public Works Department, recommends that the Council APPROVE "Piggyback" of SFWMD Contract with Lake & Wetland Management for one-time lake management services. Background: Request to "piggyback" South Florida Water Management District Contract #4600003457 — Ground Application Services is for the mechanical vegetation clearing of City aquatic and wetland areas. Services will include dredging along with debris and vegetation removal. Prices on the attached Rate Schedule Proposal include contracted and non -contracted pricing based on the City's needs for the services being rendered. A total of five (5) lake management vendors were contacted to provide proposals. Two (2) declined to propose, two (2) vendors provided proposals and one (1) vendor did not respond with a proposal by the due date. The selected vendor, Lake & Wetland Management was able to offer competitive pricing and has done past projects that proves their ability to carry -out the services requested by the City to return our wetlands to a functioning state to restart quarterly maintenance. In accordance with the City's Ordinance Section 2-10(c)(2) "Piggyback", the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process. "Piggybacking" guarantees that the same pricing and contract terms will be honored for the purchase of goods/services made while the contract is active; this includes any extensions or renewals. "Piggybacking" guarantees that the same pricing and contract terms will be honored while the contract is active; this includes any contract extensions or renewals. The contract will expire on October 13, 2020. If Agenda Item Reauires Expenditure of Funds: Total Cost: $25,782.00 Fund to Be Utilized for Appropriation: Stormwater Utility Fund Administrative Services Department Review: Attachments: 1. Rate Schedule Proposal from Lake & Wetland Management 2. Signed Intent to Piggyback 3. SFW MD Rate Schedule for Contract #4600003457 4. Resolution Awarding Contractor City Manager Authorization: i c Date: ;71146?0 109 of 113 Pricing from a SFWMD bid Lake.&Wetland A MANAGEMENT Q_ RATE SCHEDULE For Time and Material Work Orders • Mechanical Clearing o Weedoo Machine Rental with operator @ $3,105.00 per day for 6 days ------- $18,630.00 • Debris and Vegetation Removal----------------------------------------------------------------------- $2,000.00 • Ground Crew Service a 1 Licensed Supervisor @ $56.50 per hour for 2 days (8hr/day)--------------------- $904.00 0 4 Laborers @ $23.50 per hour EACH for 2 days 8hr/da------------- $1,504.00 • Boat Operator 0 1 Licensed Applicator @$56.50 per hour for 2 days (8hr/day)--------------------- $904.00 o Skiff Boat Usage @ $920.00 per day for two (2) days --------------------------------- $1,840.00 Total: $25,782.00 ➢ Hourly staff rates shall include costs for: average pay rate, benefit costs, lodging and like expenses, insurance, database entry, fuel , equipment (transport trucks, air boats, ATV, spray and communication equipment, GPS, communication equipment, smart device (upon implementation of A V A T A R)backpacks, machetes, mixing and application equipment, spray nozzles, all other safety equipment, and all other components of the hourly rates. All pricing of labor shall exclude sales and use taxes at both the State and Federal levels since the District is exempt from payment of such taxes. ➢ There will be a two (2) hour charge for lost time due to inclement weather which causes cancellation of a planned work day in the event the Contractors crew travels to the work site prior to the cancellation. On days when the Contractor has initiated work and performs for more than two (2) hours, the Contractor shall charge the district only for actual hours worked. No overtime is allowed. Billing for labor shall begin upon commencement of work (arrival at boat ramp or district gate). Travel time to the initial site shall not be billed. Lake and Wetland Management — Treasure Coast, Inc. • 7703 SW Ellipse Way . Stuart, FL 34997 (772) 210-2273 Office • (772) 210-2649 Fax • sam.fischer(a)lakeandwetland. coin • www.lakeandwetland.cem 110 of 113 CrrYOF gm�" ..r W HOME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 Main Street T Sebastian, Florida 32958 June 29, 2020 Stuart Fischer Email: sam.fischer@lakeandwetland.com Lake & Wetland Management — Treasure Coast, INC. 7703 SW Ellipse Way Stuart, FL 34997 SUBJECT: Notice of Intent to Piggyback RFP for Ground Application Services (South Florida Water Management District) GROUND APPLICATION SERVICES Mr. Fischer The City of Sebastian intends to piggyback the above referenced Contract from SFWMD in accordance to the City's Ordinance Section 2-10 (c)(2). Acceptance of piggybacking guarantees that the same pricing and contract terms will be honored for the purchase of goods/services made while the contract is active; this includes any contract extensions or renewals. Please return the signed Notice of Intent to Piggyback and an updated Certificate of Insurance to the City by via email to afraser@cityofsebastian.org by Wednesday, June 29, 2020 Should you have any questions, please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager, at (772) 388-8231 or afraser@cityofsebastian.org. We value your association with the City of Sebastian. Sincerely, i n-Marie Fraser Ann -Marie Fraser, CPPB, MBA Procurement/Contracts Manager Check one: DaYes Lake & Wetland Management WILL honor pricing and contract terms submitted in reference to Ground Application Services (South Florida Water Management District). ❑No Lake & Wetland Management WILL NOT honor pricing and contract terms submitted in referents to Ground Application Services (So lorida Water Management District). Stuart Fischer, President ` Date 111 of 113 EXHIBIT "L" RATESCHEDULE For Time and Material Work Orders Positions Licensed Supervisor Crew Leader/Applicator Laborer Loaded Hourly Labor Rate 56.50 53.67 23.50 Hourly staff rates shall include costs for: average pay rate, benefit costs, lodging and like expenses, insurance, database entry, fuel, equipment (transport trucks, airboats, ATV, spray and communication equipment, GPS, Communication equipment, smart device (upon implementation of AVATAR) back packs, machetes, mixing and application equipment, spray bottles, and all other safety equipment), and all other components of the hourly rates. All pricing of labor shall exclude sales and use taxes at both the State and Federal levels since the District is exempt from payment of such taxes. • The Contractor shall charge for used herbicides and adjuvants at cost. There will be a two (2) hour charge for lost time due to inclement weather which causes cancellation of a planned work day in the event the Contractor's crew travels to the work site prior to the cancelation. On days when the Contractor has initiated work and performs for more than two (2) hours, the Contractor shall charge the District only for actual hours worked. No overtime is allowed. Billing for labor shall begin upon commencement of work (arrival at boat ramp or District gate). Travel time to the initial site shall not be billed. Page ! of 1, Exhibit" U' to Contract No. 4600003457 112 of 113 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2016 - 0821 A Resolution of the Governing Board of the South Florida Water Management District to authorize the official ranking of short-listed firms and enter into a 3-year work order contract with two 1-year renewal options, subject to successful negotiations with Lake & Wetland Management, Inc., one of nine firms selected for ground application services for aquatic, wetland, and terrestrial vegetation control throughout the District, in an amount not -to -exceed $13,000,000 each year for all nine contracts (4600003451, 4600003452, 4600003453, 4600003464, 4600003455, 4600003456, 4600003457, 4600003458, and 4600003459); of which ad valorem and non -ad valorem funds in the combined amount of $13,000,000 are subject to Governing Board approval of the Fiscal Year 2017 budget and additional amounts not -too -exceed $13,000,000 annually are subject to Governing Board approval of the Fiscal Year 2018-2021 budgets; providing that if negotiations are unsuccessful with Lake & Wetland Management, Inc., the District will proceed in ranked order until a contract has been successfully negotiated. WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate and in the public interest to authorize the official ranking of short-listed firms and enter into a 3-year work order contract with two 1-year renewal options, subject to successful negotiations with Lake & Wetland Management, Inc., one of nine firms selected for ground application services for aquatic, wetland, and terrestrial vegetation control throughout the District, in an amount not -to -exceed $13,000,000 each year for all nine contracts (4600003451, 4600003452, 4600003453, 4600003454, 4600003455, 4600003456, 4600003457, 4600003458, and 4600003459); of which ad valorem and non -ad valorem funds in the combined amount of $13,000,000 are subject to Governing Board approval of the Fiscal Year 2017 budget and additional amounts not - too -exceed $13,000,000 annually are subject to Governing Board approval of the Fiscal Year 2018-2021 budgets; providing that if negotiations are unsuccessful with Lake & Wetland Management, Inc., the District will proceed in ranked order until a contract has been successfully negotiated. NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT: Section 1. The Governing Board of the South Florida Water Management District hereby approves the official ranking of short-listed firms and award of a 3-year work order contract with two 1- year renewal options to Lake & Wetland Management, Inc., subject to successful negotiation. If negotiations are unsuccessful with Lake & Wetland Management, Inc., the District will proceed in ranked order until a contract has been successfully negotiated. Section 2. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this of,,August. 2016. est: District SOUTH FLORIDA WATER MANAGEMENT gISTRIC��TS GOVERNING BOARD Y. Chairman egal f approved: �f)lfy: Ia0 0 111 M %m rint name: Page 1 of 1 Office of Counsel 113 of 113