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HomeMy WebLinkAbout05-26-2021 CC Agenda�m .r SEA WE ro- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, MAY 26 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE -- Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Presentation of Life Saving Awards to Gage Kepley, Jeffrey Rosenkrans, Thomas Hand, Kennedy Green, Andrew Muehlberger by Vice Mayor Hill and Police Chief Acosta pg 6 B. Announcement — Council Member Chris Nunn Completed Florida League of Cities University Online Orientation for Newly Elected Officials 7. PUBLIC INPUT The heading on Regular Meeting agendas 'Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct, a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE COMMUN11-Y REDEVELOPMENT AGENCY MEETING pgs 7-9 A. Approval of Minutes — April 28, 2021 CRA Meeting pgs 10-20 B. Facade, Siqn and Landscaninq Proqram i. Consider Grant Request from Sandy's Grille — 171 Sebastian Boulevard (Transmittal, Summary, Application) 1 of 169 C. Septic -to -Sewer Proaram pgs 21-30 i. Consider Grant Request from Ronald Sypher — 1683 N. Central Avenue (Transmittal, Application, Quote, Tax Receipt, Deed, Email) pgs 31-34 ii. Approve CSA #1 Under the Continuing Engineering Services Agreement to Schulke, Bittle & Stoddard, LLC to Evaluate and Recommend System Type and Method for Connection to Existing Indian River County Department of Utility Services Sewer Collection and Transmission Facility (Transmittal, CSA #1) 9. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately, if a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 35-57 A. Resolution No. R-21-07 — Approving an Amendment and Recognizing Certain Adjustments to the Budget for the Fiscal Year Beginning October 1, 2020 and Ending September 30, 2021 (Transmittal, Resolution No. R-21-07, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN AMENDMENT AND RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 58-69 B. Approve Agreement between the City of Sebastian and Indian River County School Board for Two (2) School Resource Officers, One (1) at Sebastian Elementary and One (1) at Pelican Island Elementary School (Transmittal, Agreement) pgs 70-79 C. Authorize the City Manager to Execute the Florida Department of Transportation Highway Lighting, Maintenance, and Compensation Agreement #ASM73 to Maintain and Operate Lighting on the State Highway System within the City (Transmittal, Agreement) pgs 80-90 D. Approve the 2021/2022 Dates for the Craft Club of Sebastian Shows at Riverview Park (Transmittal, Letter, Application, List, COI, Tax Exemption) 11. 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. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS 2 of 169 14. NEW BUSINESS pgs 91-97 A. Award Work Service Agreement to Loren Jock Trucking in the Amount of $682,201.22 for the Construction of a Taxi Lane and Site Work Improvements for Future Hangar Development and Repair of Taxiway Alpha (Transmittal, Agreement, Exhibit A — Project Manual available at: httos:Ilweblink .citvofsebastian.oralwebIi nkldocview.asox?id=239814&dbid=0repo=City pgs 98-133 Exhibit B — Construction Plans (8 112 x 11 copy attached) also available at: httgs:llweblink.citvofsebastian.oroNVebt_inklaocView.asox?id=239815&dbid=0&repo=City Bid Sched #1, Bid Sched #2, Bid Tab) pgs 134-159 B. Award Invitation to Bid (#21-05) to A. Thomas Construction, Inc. in an Amount Not to Exceed $169,479.87 for the CDBG Sidewalk Improvement Project on North Central Avenue (Transmittal, Bid Response, Reference Checks, Agreement) pgs 160-169 C. Approve Work Authorization (CSA#1) for Professional Engineering Services Associated with Filling an Existing Ditch between Gardenia Street and Evernia Street from Riviera Avenue to the Outfall from Johnson, Mirmiran & Thompson (JMT) in Amount Not to Exceed $38,633.00 (Transmittal, CSA #1, Fee Proposal, Map) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member McPartlan B. Council Member Nunn C. Mayor Dodd D. Vice Mayor Hill E. Council Member Jones 19. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) 3 of 169 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 -ADA@ CITYOFSEBAS TIAN. ORG A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/i/81771540534 Or One tap mobile : US: +13017158592„81771540534# or +13126266799„81771540534# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 817 7154 0534 International numbers available: https://us02web.zoom.us/u/kYo9g9lGZ 4 of 169 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34 Regular Citv Council Meetinas Public input is ALLOWED under the headinq: • 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 Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Aapealina 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 Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 169 ► A � 1A FLC UNIVERSITY Cert I*f 1*eate of Complet i*on Online Orientation Class for Newly Elected Officials Awarded to ccc��z�cl �alle��; etc � of �lccd�c�c;�Z J Presented on May 18, 2021 01 O Qc MY Of SE V% HOME OF PELICAN ISLAND M.I:T11=1461 1225 Main Street, Sebastian, FL 32959 The attached April 28, 2021 Community Redevelopment Agency minutes were approved at the May 26, 2021 Community Redevelopment Agency meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 7 of 169 Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 4 The Community Development Manager said staff would recommend the denial for the size of the structure but approve the height if he could reduce the structure to 1,000 sq. ft. Vice Chairman Hill said he would favor the increase in the height because it needs to match the slope of the house but only allow 1,000 sq. ft. for the structure. Messrs. Jones and Nunn agreed. MOTION by Mr. McPartlan and SECOND by Mr. Jones to approve the request for the height and stay within 1,000 sq. ft. for the structure. The City Attorney requested a point of clarity noting on page 6, staff also recommended that the existing shed be removed and the structure be built within a year. The Community Development Manager stated they could add that to the motion but Mr. Wanklyn does have to bring this before the Planning and Zoning Commission who could require the shed be removed; however, staff is requesting the variance expire after 12 months. Roll call: Vice Chairman Hill - aye Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Dodd - aye Motion carried. 5-0 ---to 9. Vice Mayor Hill adjourned the Board of Adjustment meeting and convened the Community Redevelopment Agency meeting at 6:44 p.m. A. Approval of Minutes — February 10, 2021 CRA Meeting B. Approval of Minutes — March 24, 2021 CRA Meeting MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve both the February 10, 2021 and March 24, 2021 CRA minutes passed with a unanimous voice vote. (5-0) C. Septic -to -Sewer Program i. Consider Grant Request for 13050 U.S. Highway 1 — Chandler Holding, LLC — Commercial Building (Transmittal, Application, Quote, Tax Receipt, Deed, Letter) The City Manager asked the Board to approve the request. MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the grant request from 13050 U.S. Highway 1. There was no public input. 8 of 169 Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 5 Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd -aye Vice Chairman Hill -aye Motion carried. 5-0 -- 10. Vice Mayor Hill adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:45 p.m. 11. CONSENT AGENDA A. Approval of Minutes — April 14, 2021 Regular City Council Meeting 21.047 B. Approve the Use of Discretionary Sales Tax Reserves in the Amount of $28,518.03 for the Upgrade of the Email Server Licenses Using State Contract #43230000-15-02 with SHI International Corp. as the Sole Source Provider in the Total Amount of $28,518.03 (Transmittal, Quote, State Contract Info, Sole Source Memo) 6:46 pm MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve consent agenda items A and B. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. (5-0) 12. COMMITTEE REPORTS & APPOINTMENTS Council Member Nunn reported that he attended the Indian River County Affordable Housing Committee where they anticipate more funding which will benefit their whole purpose. He requested that the City identify and modify any laws or ordinances that might push back against the effort to implement affordable housing. The City Manager advised there are some policies included in the 2040 Comprehensive Plan update. 13. PUBLIC HEARINGS - None 14. UNFINISHED BUSINESS --- None 15. NEW BUSINESS 21.012/21.040 A. Approve CSA#8 with Infrastructure Consultina and Enaineerina, Inc. for Biddina Services, Construction Manaaement. Construction Enaineerina and Inspection Services Relative to the Construction of a New Taxi Lane to Support the Future 9 of 169 cm �T SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: May 26, 2021 Agenda Item Title: Facade, Sign & Landscaping (FSL) Grant Recommendation: Approve grant application up to the maximum allowed Backaround: In accordance with the Fagade, Sign, and Landscaping Grant Program, eligible signage and landscaping improvements may be considered for 50% of the costs, up to $7,500. Eligible exterior fagade improvements (including signage and/or landscaping) may also be considered for 50% of the costs, up to $15,000. If approved, based on the applicant's invoices the job cost will be $10,646.50, the maximum grant that can be awarded is $5,323.25. Ms. Sandy Jankovic, who is the business owner of "Sandy's Grille" located at 171 Sebastian Boulevard, has applied for grant monies to replace the blighted freestanding sign along Sebastian Boulevard with a new illuminated monument sign. The new sign along with the improvements that have already been made to the building would bring the site closer to compliance with current codes and improve the overall appearance of the property. If Agenda Item Reauires Exaenditure of Funds: Budgeted Amount: $40,000.00 Total Cost: $10,646.50 Funds to Be Utilized for Appropriation: $5,323.25 Attachments: 1. FSL Grant Funds Summary to Date 2. Application and backup material Administrative Services Depart nt iew City Attorney Review: Procurement Division Review, if acable: V V 4 ! r 1 City Manager Authorization: Date: J 41� /a/ 10 of 169 CMOF SEIXASTL HOME OF PELICAN ISLAND ainAS T IA CV �i riiJ��iT i Rianiu i ui�vp Viii NT AGENCY V Facade, Sign, & Landscape Grant Account Summary To Date CRA Budget Addition 2017/18 $40,000 1. Bowls of Sebastian 709 U.S. Highway 1 3/24/2021 $5,605.00 $5,605.00 2. Sandy's Grille 171 Sebastian Blvd. Pending $5,323.25 Less funds disbursed $0 Less funds awarded, but not yet disbursed $ Available Funds Remaining $29,071.75 Inclusive through May 2021 M Q0 0 2675 Kirby Cir. NL; Palm Bay, FL. 32905 11 321.727.7324 rii rt-kraft.com Prop sal Submitted To: Contact Name Date SANDY 04-26-21 SANDYJANKOVIC Cell Sales Person 171 SEBASTIAN BLVD. 772-643-2625 Lori Reilly SEBASTIAN,FL 32958 Office Desiam J_ob_l me & Location Wayne SANDY'S GRILLE E-mail Design # 171 SEBASTIAN BLVD. SEBASTIAN,FL 32958 sandysgrille@yahoo.corn 40927 1A!e_gro�se herebv to furn��h._rBrial and labor compl to in accordance with spec' ' lum of: TEN THOUSAND SIX HUNDRED FORTY-SIXDOLLARS&50f100.................................. $10,646.50 PPavment to be made as follows, Deposit of 50ola down $5323.25 Balance due upon completion. Credit Card payments subject to a 2% service fee. Al; matertal is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation From specifications below Involving extra cost wiil be executed Only upon written orders, and will became an extra charge Over and above the estimate. All agreements contingent upon strikes, acadents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance, Our workers are fully covered by Workman's Compensator Insurance, Authorized Signature Lori Reilly ..We hereby submit specifications and estimates for: (focludes: design, fabrication, and installation. Taxes and fees may apply) AKS to supply all labor and materials to complete the following: 1 - 8'-10" X 8' (OVERALL) DOUBLE SIDED LED INTERNALLYILLUMINATED MONUMENT STYLE SIGN WITH 2 LINES OF 6" CHANGEABLE COPY,PER DESIGN#40927. 250 6" LETTERS/NUMBERS INCLUDED. ****NOTE: The attached design and proposal are the property of Art -Kraft Sign Co. and cannot be provided to other sign vendors for comparative pricing without the permission of AKS.**** �* NOTE: Permit & Engineering to be billed as extra C AKS cost, plus cost to obtain. `* 1. _. All signage to remain property of ArtKraftSign Company, Inc. until paid in full. The ClientlBuyer agrees to pay all cost in the event of default of payment by the Cliantibuyer, including a reasonable atlomey's fee. 2. The Client'Buyer hereby grants Arl-Kraft Sign Company, Inc. the right of entry into and on the property of the ClientlBuyer for the purpose of retaking possession of the signage in the event of default. S. Any payments not timely received by Art -Kraft Sign Company, Inc. shall bear interest from the due date at the rate of 18 % per annum until paid in full. 4. Primary electric to signs by others. Primary electric not included in price. Acceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. WE ARE PLEASED TO ?ACCEPT ro- ST Customer Signature Date V� I� A FAgADE SIGNAGE AND LANDSCAPING GRANT FACADE SIGN AND LANDSCAPING GRANT Project Location��� � �Q� Address of Property to be improved: 1 Assessor Parcel Number(s)- Name of Business (es) in Project:t� Building Street Frontage Measurement of Project: 2. Applicant Information �� Name: -S!`1��G�-�'t "' J�-1J B �� Mailing Address: /- City: �GZS' State: Phone: 7,2 . Email: Do you Own, Rent or Lease the subject property? i *If you are not the owner, the owner will need to co-sign this application. 3. Business/e�s, or Services Offered on Site:�� a— 4. Description of Proposed Improvements: NE5W -6j vi'1 l ac,.1ked "N i., turf- S ( 5A 5. Please identify ways in which this project supports the Overlay District Concepts ;7? i u.'-cd Otis C-n (;JJ �-Ja I I 1.cc --foqacx d0ki c Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Page 5 14 of 169 FAIPADE SIGNAGE AND LANDSCAPING GRANT • Acceptable documentation is defined as PAID invoices/statements and/or schedule of values from vendors clearly detailing the work done, accompanied by copies of the cancelled check(s) or paid receipts showing payment accompanied by a vendor invoice. 7) If the project is not completed, is not approved in its final inspection, or does not receive its certificate of completion (if applicable) within one year of award, the grant award shall expire. The applicant may request a 6 month extension. Extensions shall only be granted by the CRA Board. SECTION 6: FSL GRANT RANKING CRITERIA The following selection criteria may be used to review and rate applications for the FSL Grant. Criteria are derived from the goals and objectives of the City's adopted Redevelopment Plan as well as the City's adopted Comprehensive Plan. A. Streetscape Aesthetics and Functionality and Quality of Design Degree to which the proposed project enhances the streetscape of Sebastian CRA district, including the addition or enhancement of display windows, awnings, landscaping, handicapped accessibility and architectural amenities such as arcades, balconies and porches. Higher consideration will be awarded for achieving the goals of the Riverfront Overlay District and for remedying non - conformities. B. Conformity to City Regulations and Overlay District Goals Degree to which the proposed project promotes the unique character of Sebastian and promotes the overlay goals through the implementation of the Land Development Regulations and the use of urban design principles, site design, architecture, materials, color, landscaping, and other visual physical amenities. C. Removal of Slum and Blight and Positive Impact to Neighborhood Degree to which the proposed project upgrades or eliminates substandard structures, code violations and/or eliminates non -conforming uses, as well as achieving the goals of the CRA district. D. Historic Preservation and Materials Degree to which the proposed project promotes the historic character of Sebastian through historic preservation, adaptive re -use of historic structures, site design, architecture, materials, landscaping, and other visual and physical amenities. Disclaimer: The City of Sebastian, nor its affiliates, shall be responsible for the planning, design, or construction of improvements to property that is owned by the applicant. No warranties or guarantees are expressed or implied by the description of, application for or participation in the Facade, Signage and Landscaping Grant. The applicant is advised to consult with licensed architects, engineers, or building contractors before proceeding with final plans or construction. Approved by CRA 6112106, rev. 06120107, 09123109, 03/12/14, 12110114, 4126117, 9113117 and rev 9124118 PagVof 169 FACfADE SIGNAGE AND LANDSCAPING GRANT 7. Estimated Costs and Timing Please provide copies of two (2) vendor bids/estimates or other documentation of cost estimates for all proposed fapade work, a. Window or Door Replacement b. Exterior paint or siding c. Signage d. Exterior Lighting e. Fagade/Exterior Architectural Improv. f. Architectural/Design Fees g. Landscape/Hardscape Improvements h. Awnings or Shutters i. Building Permit/Planning Fees j. Other Proposed Improvements (specify) TOTAL ESTIMATED COST Estimated Days/Months for Completion 8. Signatures r Signed: Property Owner(s) Signature(s) This Section for City Use Amount Received: Date Reviewed: Recommendation to CRA: AW V11-e- Action by CRA.- MAP OF CRA BOUNDARY $ 1 n i CQP . 50 Signed: Applicant(s) Signature(s) Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Page 7 16 of 169 FAIPADE SIGNAGE AND LANDSCAPING GRANT 6. Submittals Applications must include the following materials, if applicable, for consideration by the City: Current Photo(s) of project site L Assessor parcel number and proof of paid property taxes 64 Applicant Information W1 Listing of businesses or services offered on site Description of proposed improvements Identification of project's support of the Overlay District Current Occupational License f Rendering or sketch of proposed improvements Architectural plans - elevation drawing, dimensions, measurements, etc Color and material samples `G Sign/Awning design drawings and/or plans ' Documentation of cost estimates -- copies of vendor bids estimates etc 0 Signature of Property Owner and Applicant Applications lacking sufficient materials to describe the project will NOT be reviewed. Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Pa1'�6of 169 Carole Jean Jordan, cFc 2020 PAID REAL ESTATE Indian River County Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS ALT. KEY I ACCOUNT NUMBER 1171 PRar,r cm i i ADDRESS I TAsQ I ESCROW31019 31-39-06-00014-0100-00010/0 SEBASTIAN BLVD, SEBASTIAN, 32958 2B J SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 2020 Please Pay $0.00 Discount JANKOVIC LLC 14005 N INDIAN RIVER DR SEBASTIAN, FL 32958 �L I Desai Ion: HARDEES ADDITION TO SEBASTIAN BLK 10 LOTS 10, 11 & 12 PBS 3-1 Paid 11/06/2020 Effective Date 11/05/2020 Receipt #56-00000552 000015574-0034 $3,755.16 PAY IN U.S. FUNDS TO CAROLE JEAN JORDAN, TAX COLLECTOR - P.O. BOX 1509, VERO BEACH, FL 32961-1509 - Ph: (772) 226-1343 Taxing Authority Telephone Millage Assessed Value Exemption Taxable Value Tan Amount d COUNTY GENERAL FUND 772-226-1214 3.5475 174,548 0 174,548 619.21 ytlu EMERGENCY SERV DIST 772-226-1214 2.3531 174,548 0 174,548 410.73 cew SCHOOL STATE LAW 772-564-3180 3.6480 174,548 0 174,548 636.75 CC SCHOOL LOCAL 772-564-3180 2.7480 174,548 0 174,548 479.66 wO CITY OF SEBASTIAN 772-388-8205 3.1514 174,548 0 174,548 550.07 ST JOHNS RIVER WATER 386-329-4500 0.2287 174,548 0 174,548 39.92 �Z SEBASTIAN INLET 321-724-5175 0.0796 174,548 0 174,548 13.89 ,V. MOSQUITO CONTROL 772-562-2393 0.2515 174,548 0 174,548 43.90 19W HOSPITAL DISTRICT 772-770-0935 0.8011 174,548 0 174,548 139.83 RQ FLORIDA INLAND NAVIG 561-627-3386 0.0320 174,548 0 174,548 5.59 ZJ On. FI �12 df ToWMNlap 16.8409 Total Ad Valorem Taxes $2,939.55 o Total NonAd Valorem Assessrrants $972.07 �� Authority Telephone Amount Taxes &Assessments $3,911.62 Z,,Z . COUNTY LANDFILL FEE 772-226-1300 628.18 '9Y SEBASTIAN STORM WATER SERVICES 772-388-8220 343.89 Tax Questions 3 (772) 226-1343 Scan to Pay Online ------------------------------------------------------------------------------------------------- 1 DETACH THIS PORTION AND RETURN WITH YOUR PAYMENTI Carole Jean Jordan, CFc 2020 PAID REAL ESTATE Indian River County Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS ALT. KEY ACCOUNT NUMBER r n�r'cn 1' ADDRESS TA&QM ESCROW 31019 I 31-39-06-00014-0100-00010/0 1171 SEBASTIAN BLVD, SEBASTIAN, 32958 2B I SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 2020 Please Pay $0.00 Discount JANKOVIC LLC 14005 N INDIAN RIVER DR SEBASTIAN, FL 32958 L.e9PI pofgjptlon: HARDEES ADDITION TO SEBASTIAN BL.K 10 LOTS 10, 11 & 12 PBS 3-1 18 of 169 Paid 11/06/2020 Effective Date 11/05/2020 Receipt # 156-00000552 000015574-0034 $3,755.16 BUILDING DEPARTMENT 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 - FAX (772) 589-2566 LOCAL BUSINESS TAX RECEIPT Tax Year October 1, 2020 to September 30, 2021 SNEZANA JANKOVIC (0) - Address: 171 SEBASTIAN BLVD SEBASTIAN, FL 32958 Activity. Business - Food Service Activities - Restaurants. must provide license Issued to: SANDY'S GRILLE SNEZANA JANKOVIC 171 SEBASTIAN BLVD SEBASTIAN, FL 32958 NON -TRANSFERABLE No. 1618 Date: 5/20/2021 Business Tax Receipt Total Paid: $82.50 Linda M. Lohsl, CBTO 19 of 169 BUILDING DEPARTMENT 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 LOCAL BUSINESS TAX RECEIPT Tax Year October 1, 2020 to September 30, 2021 SNEZANA JANKOVIC (0) - Address: 171 SEBASTIAN BLVD SEBASTIAN, FL 32958 Activity: Business - Food Service Activities - Seating Issued to: SANDY'S GRILLE SNEZANA JANKOVIC 171 SEBASTIAN BLVD SEBASTIAN, FL 32958 NON -TRANSFERABLE No. 1618 Date: 5/20/2021 Business Tax Receipt Total Paid: $13.75 Linda M. Lohsl, CBTO 20 of 169 CD Or SEBASTIAN HOME Of PELICAN ISLAND CRA AGENDA TRANSMITTAL Council Meeting Date: May 26, 2021 Agenda Item Title: Septic -to -Sewer Program Grant Application Recommendation: Approve grant application up to the maximum allowed Background: In accordance with the Septic -to -Sewer (SSP) Grant Program, a grant application for the below parcel located within the CRA district has been submitted. The property will be removing a very old septic tank along with connecting to the Indian River County's wastewater sanitary system. The North Sebastian Septic to Sewer Project has been completed and a direct connection to the centralized sewer system is now available; therefore a construction permit for a lift station is not required. A grant application has been provided, including a copy of the deed, proof of paid taxes and a construction quote. 1683 N. Central Avenue — Ronald Sypher - Single Family Residence If approved, award amounts are based on connection types at a 25175% cost share. Properties with septic systems with connection to available gravity main sanitary sewer will receive award amounts not to exceed $5000. Based on the applicant's invoice from Maxwell & Son Plumbing, Inc., whose job cost is $9,840.00, the maximum grant that can be awarded is $5,000.00. If Agenda Item Requires Expenditure of Funds: Total Grant: $5,000.00 Amount Available: $150,312.33 If Cost Requires Appropriation: NIA Attachments: 1. Application 2. Construction Quote 3. Tax Receipt 4. Deed 5. Email from Indian River County Utility Administrative Services ❑epartm t Revi J City Attorney Review:_ Procurement Division view, 7iapplic le: City Manager Authorization Date: k1P)1-211 21 of 169 SEBASTIAN CRA - SEPTIC -TO -SEWER GRANT PROGRAM SEBASTIAN CRA SEPTIC -TO -SEWER GRANT PROGRAM GRANT APPLICATION 1. APPLICANT INFORMATION P Name of Applicant:%/�� Mailing Address: h -3 N Ave Phone Number: Cell Number: E-mail Address: 2. PROJECT LOCATION 3 �g f7q�2-- 6-niao / [%� x, LI Address of Property: �G a /vimL/►% Tnv� Parcel Number(s): S703 '? a1 OaQ / % 9q 9 UDD Property Tax Status: 3. DESCRIPTION OF PROPOSED IMPROVEMENTS 4. ESTIMATED COST Please provide information on the following items: A. Cost of Current Septic System Closure $ B. Estimate of Connection to Indian River Utility System $ C. Permitting $ stt D. Design and Construction Costs $ ej­ TOTAL ESTIMATED PROJECT COSTS $ f ��� • (] tJ Page 2 22 of 169 SEBASTIAN CRA — SEPTIC-TO^SEWER GRANT PROGRAM Ln OF HOME OF PELICAN ISLAND The City of Sebastian seeks to promote, preserve and protect Sebastian's waterfront heritage through Indian River Lagoon preservation efforts. With the sunset of the Cost -Share Aareement between the Indian River Lagoon Council ORL Council) and the Citv of Sebastian forthe Septic to Sewer Grant Incentive Proaram within the CRA district, the Citv Council has established criteria for moving forward with the remaining funds. The Citv may be able to increase this incentive program in 2019 by leveraginq future qrant funds when thev become available. The Sebastian Septic -to -Sewer Grant Program (hereinafter referred to as SSP) is designed to provide ;`v;-1u ll grants ants to qualified property owners for costs incurred to rernuve an operational septic tank system that serves an occupied facility or buildina and connects to the Indian River County sanitary sewer system. The SSP is available to businesses or residences located within the CRA District currently utilizing septic systems. In order to provide an eauitable proaram. the Citv will provide award amounts based on connection tvpes at a 25/75% cost share. Hereinafter. properties with septic systems with connection to available aravity main sanitary sewer will receive award amounts not to exceed $5000. Properties with septic systems with connection to available pressurized main sanitary sewer will receive award amounts not to exceed $10.000. Properties with more than one operational septic system may receive up to $5000 per tank in addition to the connection amount. Grant funds will be disbursed as a reimbursement after receipts and documentation are submitted and inspection of improvements occur. Grants from this program will not be awarded for sanitary improvements made prior to filing a completed application. Grants shall be awarded at the sole discretion of the CRA Board prior to initiating the project. 1. The application package includes: A. Completed application (provided by the City of Sebastian, see attached); B. Proof of ownership of the property; C. Proof of paid taxes and certification that owner is current on any payment obligations to the City of Sebastian; D. Proof of Utility Permit submittal to Indian River County with copy of plan. E. Current copy of vendor bid/quote. 2. Upon completion of the imnrnvPments the annlir`ant shall submit n "reimbursement package" to the City which includes: A. Completed Reimbursement Form (provided by the City of Sebastian, see attached); B. Copies of applicable invoices, receipts, and/or cancelled checks. C. Proof that the septic tank has been taken out of service, pursuant to State regulations. D. Copies of records which indicate that the improvements have been appropriately inspected and are in operation; E. Copy of W-9 Form for grant fund reimbursement. 3. If the project is not commenced (with a filed Application for a Building Permit or Utility Permit) within six (6) months of grant award or is not completed (with the final inspection) within one (1) year of the grant award, the award shall expire. The applicant may request a six (6) month extension from the CRA Board. Page 1 23 of 169 SEimsTIAN CRA — SEPTIC -TO -SEWER GRANT PROGRAM Has the applicant applied for other regulatory grant funding to r move the targeted septic system? (Please check appropriate answer) YES V NO If Yes, please answer the following questions: Who was the grant award from? How much was the total award? Signature(s) All owners must sign. The information supplied in this application is true and correct. �-J Printed Name and Title Pnnted Name and Title i Anature Signature STATE OF dCk COUNTY OF MMQIa VLMU The foregoing instrument was acknowledged before me this day of Wal 20Z, by Lon 1 r) who islare- ersonally known to me r has/have produced as identification. o1r,Y ptlle COURTNEY HANSOM c Commission N HH 087469 a Q Expires February 1, 2025 (SEAL) r'OF F-10 8andedTlruBudgMftwyServices � 11 ��,,'' '' __ '' �' 9 �!J 9 � �i{,ii�lvotary Public, Commission No. � � ! �.UL)t✓� Yl�Ai � 01"SOil (Name of Notary, Printed or Typed) J This Section for City Use Only Date Application Received: VIA Date Application Reviewed. Recommendation to CRA: Action by CRA: Page 3 24 of 169 MAXWELL & SON PLUMBING, INC. James R. Maxwell Telephone 772/589-1630 Fax 772/589-1370 State Certified #CFCO26551 courtneyh®maxweliplumbing.net 920 Truman Street Sebastian, FL 32958 PROPOSAL DATE: May 7, 2021 TO: Ronald Syther 772-480-6020 1683 N Central Ave Sebastian, FL 32958 We hereby submit an estimate for the following: - Obtain permitting as required by the Florida Department of Health and City of Sebastian building department and schedule all inspections. - Pump out and abandon existing septic tanks, cave-in, and fill with sand. - Supply and install new sewer line to county tap by street. - Tie into existing piping at house. We propose to furnish materials and labor in accordance with the above specifications, for the sum of: $9,840.00.00 NINE THOUSAND EIGHT HUNDRED FORTY DOLLARS. Payment to be made as follows: $4,920.00 (50%) Deposit. Balance due upon completion. Authorized signature: J&', The above prices, specifications and cond' ions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date: c /�-/z Signature of Acceptance: .1 Note: This proposal may be withdrawn by us if not accepted within 30 days. Our workers are fully covered by Worker's Compensation insurance. A certificate will be supplied upon request. Due care will be given in the process of this installation. However, we are not responsible for the replacement, repair or patching of any concrete, asphalt, stucco, drywall, paint, wall covering, tile, carpeting, floor coverings, sod or landscaping affected by the necessary process of installation unless specifically stated in this proposal. 25 of 169 Carole Jean Jordan, CFC Indian River County Tax Collector 2020 PAID REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS PROPERTY ADDRESS I TAX CODE Et -CROW 10362 ( 30-38-21-00001-9999-00020/0 11683 N CENTRAL AV, SEBASTIAN, 32958 1 2A SKIP THE TRIP - Pa online at www.IRCTax.com LUe�e W) ption: y PLAT FAUI MAN ON FLEMING GRANT PBB If Postmarked By Dec 31, 2020 1-75 BEING MORE PART DESC AS FOLL BEG AT I please Pay I $0101) See Additional Legal on Tax Roll Discgynt I SYPHER RONALD 1683 N CENTRAL AVE SEBASTIAN, FL 32958 Paid 01/04/2021 Effective Date 12/31/2020 Receipt #55-00003348 000016375-0008 $1,568.23 PAY IN U.S. FUNDS TO CAROLE JEAN JORDAN, TAX COLLECTOR - P.O. BOX 1509, VERO BEACH, FL 32961-1509 - Ph: (772) 226-1343 Taxing Authority Telephone Millage Assessed Value Exemption Taxable Value Tax Amount COUNTY GENERAL FUND 772-226-1214 3.5475 121,934 50,000 71,934 255.19 EMERGENCY SERV DIST 772-226-1214 2.3531 121,934 50,000 71,934 169.27 SCHOOL STATE LAW 772-564-3180 3.6480 121,934 25,000 96,934 353.62 SCHOOL LOCAL 772-564-3180 2.7480 121,934 25,000 96,934 266.37 CITY OF SEBASTIAN 772-388-8205 3.1514 121,934 50,000 71,934 226.69 ST JOHNS RIVER WATER 386-329-4500 0.2287 121,934 50,000 71,934 16.45 SEBASTIAN INLET 321-724-5175 0.0796 121,934 50,000 71,934 5.73 MOSQUITO CONTROL 772-562-2393 0.2515 121,934 50,000 71,934 18.09 HOSPITAL DISTRICT 772-770-0935 0.8011 121,934 50,000 71,934 57.63 FLORIDA INLAND NAVIG 561-627-3386 0.0320 121,934 50,000 71,934 2.30 Total Millage 16.6409 Authority Telephone Amount COUNTY LANDFILL FEE 772-226-1300 125.39 SEBASTIAN STORM WATER SERVICES 772-388-8220 120.00 Scan to Pay Online Total Ad Valorem Taxes $1, 371.34 Total NmAd Valorem Assessrnerrts $245.39 Taxes 8 Assessments $,;la 616.7 3 Tax Questions (772) 226-1343 ------------------------------------------------------------------------------------------------- 4 .& ihLvi , ri,4 • - i i.ND RETURN WIT14 YOUR PAYMENTy Carole Jean Jordan, CFC 2020 PAID REAL ESTATE Indian River- County Tax Collector- NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS J �� 0 1683 N ,CENTRAL AV, SEBASTIAN, ADDRESS TAX CODE eS�i�llytl(� ALT. KEY A OUNT NUMBER PROPERTY 10362 130-38-21-00001-9999-00020/ 2958 2A SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Dec 31, 2020 Please Pay $0,00 J Discougj SYPHER RONALD 1683 N CENTRAL AVE SEBASTIAN, FL 32958 Local PVKO ion: PLAT OF WAUREGAN ON FLEMING GRANT PBB 1-75 BEING MORE PART DESC AS FOLL BEG AT I See Additional Legal on Tax Roll 26 of 169 Paid 01/04/2021 Effective Date 12/31/2020 Receipt# 155-uvrju»-+o 00DO16375-0008 $1,568.23 /-5 �NN-11-11 sym Mg . '7 v owes aI°N RMMMOL N WARRANTY DEED STATUTORY IN THE RECORDS OF JEFFREY K. BARI ON CLERK CIRCUIT COUnT INDIAN RIVER CO., FLA. THIS INDENTURE, made this ����day of � [!'�:''.�� i , A.D., 1998. BETWEEN MARY I. BERRY, party of the first part, and MARY 1. BERRY, as Trustee of the MARY I. BERRY REVOCABLE TRUST AGREEMENT dated ��'• t�i�'"•�"" •u 1998, whose post office address is 1683 N. Central Avenue. Sebastian, Florida 32958. party of the second part, W ITNESSETH, that the said party of the first part, for and in consideration of her. in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and .old to the said party of the second part. her successors and assigns forever, the following described land. situate, lying and being in the County of Indian River in the State of Florida, to -wit: SEE ATTACHMENT EXHIBIT "A" -7919 and the said party of the first part does hereby fully warrant the title to said land, and will defend the; same against the lawful claims of all persons whomsoever. Where used herein the terms party of the first part. party of the second part and Trustee shall be construed as singular or plural as the context requires. MARY I. BERRY, as Trustee. shall have the power and authority to protect. conserve, and to sell, or to lease. or to encumber. or otherwise to manage and dispose of the real property conveyed by this Deed. In the event MARY I. BERRY cannot continue to serve as Trustee. the Successor Trustee shall be RONALD SYPHE.R. In the event RONALD SYPHER cannot continue to serve as Trustee, the Second Successor Trustee shall be VIRGINIA KING . All Successor Trustees arc hereby granted to the power to protect. conserve and to sell, or to lease. or to encumber, or otherwise to manage and dispose of the real property described in this Deed. Any person dealing with the Trustee shall deal with said Trustee in the order as set forth above. However, no person shall deal with a Successor Trustee until one or more of the following have been received by said person or placed of record in the aforementioned County: A. The written resignation of the prior Trustee %worn to and acknowledged before a Notary Public. 1). A certified death certificate of the prior Trustcc. C. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. CD 0 rn rn Lo' 27 of 169 D. The written certificates of two physicians currently practicing medicine that the Trustee is physically or mentally incapable of handling the duties of Trustee. E. The written removal of a Successor Trustee and/or the appointment of an additional Successor Trustee by either of the party of the first part sworn to and acknowledged before a Notary Public: this right being reserved to either party of the first part. THIS DEED was drafted without title opinion or title examination. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hands and s Is the day and year first above written. Signed.,, scaled an delivered in,.,,our presence.: (SEAL) r rated a amcMARY I. BERRY " 'Printed Name: QA 4E- STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ••� � day of %�A��, 1998 by MARY 1. BERRY who is personally known to me or who produced �f= :�-^ ��� �,; 1 Tiy� �1�.� as identification and who did take an oath. NOTARY PUBLIC My Commission Expires: This instrument prepared by: JOSEPH DcGANCE 3471 N. Federal Hwy., 11601 Ft. Lauderdale. Florida 33306 �•' • ) Hunnicutt C R •�' ={ MYCOWASS"0 CC651451 EYRIES N 4` N W 28 of 169 I 1�. \ I I.I 111 T " A". 7!11_!1 Parrel I.: beginning -it the intersection of the East right -of -gray line of new U.S. Highway No. I and the .uutli right-of-way of Ninth Street; Ihence run Easterly alum: [lie Saudi riglit-of-way line of Nintlt Street a distance of 293.59 feet to [lie intrrseclion of Ninth Street auul North Central Avenue Cut' a Ituinl of bet inning:; thetscc run Southerly aluttg the West line of North t'enU'al Avenue a distance ul' H3.52 fuel; theltec rue Westerly and paratllel to Ninth Street a distance of IUU 1cct; thence run Northerly and parallel to North Central Avenue ac distance of 83.52 feet to [lie Small right-of-way line of Ninth Street; thence run Easterly along the South righl-of-way line of Ninth Sit -eel a distance of IUU feel to (lie point of beginning. 11a reel 2: beginning at the inlet:seclion of the East right-of-way line of new U.S. Highway No. I and the south right-of-way line of Ninth Street*, thence run Easterly aluug the Sown right -of' -way line of Ninth Strut a distance of 293.59 feel to the intersection of Ninth Street and North Central Avenue; thence rue Southerly alum; file West liuc; of North Central Avenuc a disumee of 83.52 feet to the point of beginning; thence run Westerly mud parallel to Ninth Street a distance of IUU feet; thence run Southerly and parallel to North central Avenue a distance of 70 feet; thence run Easterly and parallel to Ninth Sheet a distance of 100 feet to the: West right-of-way line of North Central Avenue; thence run Nurtherly along the West right-of- way line of North Central Avctcue a distance of 70 feet to the point of beginning. All being part of that certain tract of land situated in ludian Inver N county, Florida, in Township 30 and 31 Suuth, Rmiges 37, 38 and 39 � Lust, known and described as a portion of Section 30 of Fleming Grant, and being a part of land described un a certain utap of N Waurcgan of said Fleeting Grant made by S.H. Carter filed in the land records of Brcvard County, Florida; said land lying and being hi -- Indian River County, Florida. ', Tax Folio No. 21-30-38-000014999900020-0 Address: 1683 Pbrth Central Ave., Sebastian, R 32958 29 of 169 Michelle Faulkner From: Jesse Roland <jroland@ircgov.com> Sent: Monday, May 17, 2021 11:02 AM To: Michelle Faulkner Subject: RE: 1683 N. Central Avenue CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hi Michelle. No, it will not require an IRC Utility Construction Permit to connect. It has a gravity sewer service lateral available for connection. We only require Water & Sewer Impact and Connection Fees for them to connect. Jesse Roland I Plans Reviewer Indian River County Dept. of Utility Services 1801 27th St, Vero Beach, FL 32960 Ph 772-226-1636 Fax 772-770-5143 iroland(di rcgov.com From: Michelle Faulkner<MFaulkner(@CitvofSebastian.org> Sent: Monday, May 17, 2021 8:59 AM To: Jesse Roland <iroland@ircgov.com> Subject: 1683 N. Central Avenue CAUTION: This message is from an external source. Fiease use caution when opening attachments or clicking links. Good morning, Does the above mentioned property require a utility permit to connect to sewer? The property owner is applying for the S2S Grant. Thank you, Michelle Faulkner, CFM Community Development Department City of Sebastian 1225 Main Street Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax mfaulkner cr,citvofsebastian.ora cm ,If SEBASTU% HOME OF PELICAN ISLAND 30 of 169 Council Meetinq Date: Agenda Item Title: Recommendation: Backqround: error .JEWTIA }TOME OF PELICAN ISLAND CRA BOARD AGENDA TRANSMITTAL May 26, 2021 Septic to Sewer CRA Conversion Project Approval of CSA-1 In January 2021, the City Council of Sebastian discussed and requested a proposal to move forward with a study to determine the possibility and cost estimate to convert from on -site septic to sewer within the entire CRA District. There are approximately 129 parcels in the CRA District that are eligible to convert from on -site septic system to public sewer connection. Schulke, Bittle & Stoddard, LLC (SBS) will provide professional engineering services necessary to evaluate and recommend system type and method for connection to existing IRCDUS sewer collection and transmission facilities. SBS will prepare conceptual plans of the requisite utility improvements and prepare a cost estimate of the probable cost for the design, permitting and construction of the requisite infrastructure, and the cost for individual parcel improvements necessary and the costs to make the connection. SBS will also prepare a pollutant reduction estimate. SBS will calculate the approximate reduction of nitrogen and phosphorous pollutants (in kglyr) that currently enter the Indian River Lagoon and its tributaries due to the operation of existing septic systems by the 129 +l- parcels, which upon connection to IRCDUS sewer infrastructure, will be diverted from the IR Lagoon and captured, collected and transmitted to IRCDUS Wastewater Treatment Plants. The information gathered from this study will assist the City in determining funding options including available grant opportunities to potentially convert all eligible parcels from septic to sewer. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $0 Total Cost: $57,500.00 Funds to Be Utilized for Appropriation: American Rescue Plan Fund Attachments: CSA-1 /j Administrative Services Department Review: I -ti,� -I 7 City Attorney Review: ;% Procurement Division Review, if applicable:f City Manager Authorization: Date: ".)-o 31 of 169 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) SCHULKE, BITTLE & STODDARD, LLC 1717 Indian River Blvd., Suite 201 Vero Beach, FL 32960 Work Authorization No: CSA-1 Project Identification: City of Sebastian Septic to Sewer Conversion. IT IS AGREED to undertake the following work in accordance with the provisions of the Master Agreement entitled Non -Exclusive Continuing Professional Services Agreement for Engineering Dated February 22, 2021. Description of Assignment: There are approximately 129 parcels in the CRA District that are eligible to convert from on -site septic system to public sewer connection. Schulke, Bittle & Stoddard, LLC (SBS) will provide professional engineering services necessary to evaluate and recommend system type and method for connection to existing IRCDUS sewer collection and transmission facilities. SBS will prepare conceptual plans of the requisite utility improvements and prepare a cost estimate of the probable cost for the design, permitting and construction of the requisite infrastructure, and the cost for individual parcel improvements necessary and the costs to make the connection. SBS will also prepare a pollutant reduction estimate. SBS will calculate the approximate reduction of nitrogen and phosphorous pollutants (in kg/yr) that currently enter the Indian River Lagoon and its tributaries due to the operation of existing septic systems by the 129 +/- parcels, which upon connection to IRCDUS sewer infrastructure, will be diverted from the IR Lagoon and captured, collected and transmitted to IRCDUS Wastewater Treatment Plants. Work Scope: • See detailed Scope of Work attached (Exhibit A) Deliverable: 1. Conceptual Utility Plan 2. Cost Estimate 3. Inventory and Tabulation of Results 4. Report Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is a follows: Schedule SBS anticipates completion and submittal of the draft report within one hundred and five (105) days after notice to proceed. Upon review and comments by the City, the final report will be submitted within three (3) weeks. Page 1 of 2 32 of 169 SCOPE OF WORK — EXHIBIT A General Description Schulke, Bittle & Stoddard, LLC (SBS) will provide professional engineering services necessary to evaluate and recommend system type and method for connection to existing IRCDUS sewer collection and transmission facilities. 1.0 Preliminary Engineering 1.1 Research and Base Map SBS will obtain, review, and evaluate record documents available from local and state agencies (COS, IRC, SJRWMD, DOH) that can be utilized in the performance of the work. SBS will prepare a base utility map of the CRA area in CAD, which shall depict all parcel lines and ROW's, depict utility infrastructure, known/ mapped surface waters, and will depict and number the 129 developed parcels that currently utilize a septic system. The base map will utilize GIS mapping data provided from IRCDUS and other mapping sources and will be overlaid on available aerial imagery. There will not be any field survey included to develop these base maps. 2.0 Final Engineering 2.1 Conceptual Utility Plan SBS will prepare conceptual utility improvement plans. The plans will utilize the base plan, divided into eight (8) 24" x36" 100 scale drawing sheets. The plan will depict proposed sewer utility improvements for the connection of the 129 parcels to the IRCDUS sewer utility system. It is anticipated that the systems utilized will be either: 1. Gravity sewer: connection to existing sewer laterals at parcels frontage, or the installation of sewer laterals and connection to adjacent existing gravity sewer collection system mains, or the short extensions of gravity sewer systems (400' or less) connecting to existing nearby gravity sewer collection systems 2. Low pressure system: installation of private lift station(s) to serve one or more nearby parcels and extension of short lengths of low-pressure force mains (400' or less) with connection to existing IRCDUS low pressure force mains. The identification of systems proposed to connect each parcel on the conceptual plan will be based on the engineer's judgement. 2.2 Cost Estimate SBS will prepare an engineer's opinion of probable cost for the utility systems that are drawn on the Conceptual Utility Plan. Cost estimates will be prepared for each utility service area, which ordinarily will be defined as the area served by any one lift station. The costs for the multiple areas will be summed to obtain a total cost to connect 129 parcels in the CRA to IRCDUS sewer, and the cost will also be divided by the number of parcels served by each area to obtain an approximate cost per parcel. Multi -tenant or multi ownership parcels (i.e. commercial or residential condominium) will be treated as one parcel for these purposes. The scope will not include a detailed cost comparison of the above described two options for any one site, or other various options available to construct sewage systems. The identification of systems proposed to connect each parcel on the conceptual plan will be based on the engineer's judgement. Estimated costs of connection for any parcel (infrastructure costs), including on -site septic system abandonment, on -site plumbing, lift station installation, pipe/ fitting costs, and similar infrastructure, will not be evaluated for each specific parcel on a site -specific basis, but generalized costs based on Page 1 of 2 33 of 169 FEE SCHEDULE — EXHIBIT B 1.0 Preliminary Engineering 1.1 Research and Base Map 2.0 Final Engineering 2.1 Conceptual Utility Plan 2.2 Cost Estimate 2.3 Pollutant Reduction Estimate 2.4 Inventory/Tabulation of Results 2.5 Final Report *Reimbursables $ 12,500.00 $ 15,000.00 $ 7,500.00 $ 5,000.00 $ 5,000.00 $ 7.500.00 Subtotal: $ 62,500.00 $ 5.000.00 (Budaet) GRAND TOTAL: $ 67,500.00 Reimbursables will be billed direct to the client at cost or paid direct by the client, and include, surveying, or other required field tests, prints, copies, mailings/ FedEx, archeological or environmental consultation and studies, traffic analysis/ consultation, traffic counting, application/permit fees, etc. Prints - $2.00/sheet Xerox Copies - $0.15/page Other Reimbursables — at cost The city will pay all application and plan review fees directly. This is NOT included in the above listed estimated reimbursable amount Invoices shall be submitted monthly, and the invoice amount shall be in proportion to the percentage of the Scope of Work complete. All payments must be received by the Engineer within 30 days of the date of an invoice. Any payments received after said date will be subject to a late interest fee of one and one half percent (1- 1/2%) per month. The client shall be responsible for all attorney's fees, court costs, and related expenses incurred in the event that payment is not timely made and proceedings are brought by the Engineer to collect sums owed. RATE SCHEDULE The following rates will apply to actual time devoted by Schulke, Bittle & Stoddard, L.L.C. staff to this project computed to the nearest % hour. Personnel Hourly Rate Principal $200.00 Project Manager/Engineer $175.00 Design Tech $135.00 Construction Manager $ 95.00 Draftsman $ 95.00 Inspector $ 85.00 Clerical $ 65.00 Page 1 of 1 34 of 169 anya CFTM HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: May 26, 2021 AGENDA ITEM TITLE: Resolution Accepting the 2"d Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2020-2021 Annual Budget. RECOMMENDATION: Move to approve Resolution R-21-07. BACKGROUND: Pursuant to City financial policies, budget reviews and any necessary adjustments are presented to the City Council quarterly. A capital project status report, investment report and accomplishments are also included. Formal approval by the City Council was already given for adjustments using the amounts required to cover repair of the roadway damaged due to failing culverts, matching funds for the Square Hangar Engineering, additional 1% raises and purchase of City Gateway Signs. Other items that were previously approved by the City Council in the 2"d Quarter included increased funding for the Public Works Compound and increased funding for the Taxiway. Adjustments being submitted for City Council approval include several expenditures authorized by the City Manager using the General Fund R&R Account. No further adjustments during the quarter require City Council approval. In accordance with the authority given by the Annual Budget Resolution, the City Manager can approve other budget transfers between accounts within Departments and to make adjustments necessary to implement programs, projects and expenditures that have been authorized by the City Council. Thus, the City Manager's adjustments included budget changes within his $15,000 spending authority, adjustments between budget accounts within the same departments, as well as adjustments allocating additional funding sources. The above adjustments are listed in Exhibit "A" that is an attachment to the Resolution. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: As per Exhibit "A" of the Resolution Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Resolution R-21-07 and Attachment "A" 2. 2nd Quarter Financial Report, including Capital Project Status, Investments/Loans and Accomplishments Administrative Services Depart ent Rev' City Attorney Review: Procurement Division Review, . apple a City Manager Authorization: r Date: f-Ird/ -,�v 35 of 169 RESOLUTION NO. R-21-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN AMENDMENT AND RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on March 31, 2021 indicated that there were budget adjustments requiring formal approval by the City Council and that previously approved amendments and adjustments by the City Manager should be recognized; and WHEREAS, the City Council and City Manager have previously approved any other necessary amendments and adjustments in accordance with the Annual Budget Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021 has been amended and adjusted as necessary within the quarter ending March 31, 2021; a summary of such amendments and adjustments being attached hereto and more particularly identified as Exhibit "A"; the revised appropriations, if any, are set out therein and are recognized as having been made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Jim Hill Councilmember Bob McPartlan Councilmember Fred Jones Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26"' day of May 2021. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd Approved as to form and legality for the reliance by the City of Sebastian only: Manny Anon City Attorney 36 of 169 EXHIBIT "A" OF RESOLUTION R-21-07 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED MARCH 31, 2021 ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment Culvert Repair Cu $29,000 $21,329 $50,329 01/13/21 Approved using Stormwater Fund Appropriated from Stormwater Reserve. ------------------------------------- ($255,507) ($21,329) ($276,836) ---_ Reserves to repair roadway damaged due to failing culverts. Infrastructure 0 $277,516 $277,516 08/26/20 Approved using DST Reserves for FDOT Grant 0 ($222,013) ($222,013) Grant matching needed for Square Hangar Appropriated from DST Reserves ----------------------------------- (6,137,346) - - --- ($55,503) -------------------------------------------------- ($6,192,849) Engineering and Development Project. Various Salary and Benefit Accounts $10,032,641 $59,669 $10,092,310 Appropriated from General Reserves _-_ ($174,775) -($46,492) ($221,267) _10114I20 Authorized by approval;, of PEA Appropriated from Stormwater Reserves ($9,526) ($3,642) ($13,168) and PBA Labor Agreements provision for Appropriated from Golf Reserves ($7,194) ($2,382) ( Appropriated from Airport Reserves p. �__.__._..___......_ ($1,288) ($402)...... ........... ($1,690 City could do it. Appropriated_from Building Reserves ($11,282) -- ($3,751)...... ($15,033} ............................................... Improvements Other Than Buildings $132,010 $44,000 $176,010 02/24/21 Approved using DST Reserves to Appropriated_fram DST Fund - ryeReses($6,192,849) - ______ _______ ($44,�00) ($6,236,849) purchase six CityGateway Signs. - ----- ---- - ---- --------- -increase Buildings­ $5,088,899 $4,550,41_7 $9,639,316 Approved using DST Reserves to _ildings _ Appropriated from DST Fund Reserves ($6 ,236,849) ($4,550,417) ($10,787,266) current year funding for construction of the Public Works Com ound Infrastructure $569,264 $161,762 $731,046 FAA Grant ($519,338) ($138,604) ($657,942) 03 10121 Approved increase in project costs FQDT Grant �_-_._-.___._-._..�-.��______ ($24,963) .- _ .___. ($11,589) .-_ ($36,552) of Taxiway and using DST Reserves for additional matchino requirements. from DST Fund Reserve ($24,963) ($11,589) ($36,552) ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: Budget Before Budget Budget After Project/Account (Vehicles Change Adjustment Change Reason for Adjustment and Equipment -�-- - - $71,464 ^ - $6,221 $77,685 Used General Fund R&R Reserve to Appropriated from General Reserves -------------------------------- __B_uildings _ ($57,964) ---------------------------- ($6,221) ($64,185) -- replace air conditioner in the Police _De artmentserverroom. p ------------------------------------ R&M $85,627) $1,224 $86,851 Used General Fund R&R Reserve to Appropriated from General Reserves ......... ($64,185)......... ($1,224)...... ($65,409)__replace lock at Hardee Park Restroom. Working Waterfront Improvements _ _. _ $508,135 $14,837 $522,972 Used General Fund R&R Reserve; to do Appropriated_ from General Reserves ------------ ($65,409)........ {$14,837)______($80,246}__emergency repairs to the seawall -�- R&M Buildings_ $86,851 $5 000 $91,851 Used General Fund R&R Reserve to - _ - _ Appropriafed_from General Reserves____ - ($80,246)......... -_ ($5,000)...... ($85,246) replace the CommL�nity Center roof ---------- R&M Irrigation $5,500 $2,730 $8,230 Used General Fund R&R Reserve: to cover Appropriated from General Reserves ($85,246) ($2,730) ($87,976) unexpected irrigation repairs in Parks. ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment PPE and COVID-19 Related Purchases $40,000 $314,382 $354,382 Adjustment for additional amount eligible Employee Sick or COVID-19 Work $80,000 $45,668 $125,668 for reimbursement from the CARES Act. ___.____._......................-----------_.-__-................_......___....___-__...Actual .. - - ---__...-. $357,50D $180,000 $537,500 to date is: $282,262 in Purchases, $125,668 for Work, $533,500 in Business Rental andMortgageAssistance Grants $44.__.....-......._......._._._._- 6,822 (390,050) $56,772 Grants and $56,772 for Rental and CARES A,c­f Proceeds _ _ _ _ _ _ _ _ ($924,322 _ _ _ _ _ _ ($150,000) ($1,074,322) Mortgage Grants_ Vehicles & Equipment 0 $15,000 $15,000 Adjusts Law Enforcement Forfeiture Fund -- _- - for award via court proceedings of a Confiscated Property -- ----------------------------------------------- ($1,000) ($15,000) ($16,000) confiscated 2015 Kia Sedan. Vehicles &Equipment -- ------------------------------- $242,050 $12 150 ---0--- $254,200 -Adjustment --------------------- ----------Ir------- to cover the cost of a tirailer Contract Mowing Services $378,222 ($12 150) $366,072 needed for the Stormwater crews. 37 of 169 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT SECOND QUARTER ENDING MARCH 31, 2021 SUMMARY THE SECOND QUARTER FOR GENERAL FUND ENDED WITH 59.7% OF THE TOTAL BUDGETED REVENUES RECEIVED DUE PRIMARILY FROM PAYMENTS OF AD VALOREM TAXES, DEPARTMENTS SPENT 50.3% OF THE BUDGETED AMOUNTS. MIS WAS OVER 50% OF BUDGET DUE TO MAKING THE ANNUAL PAYMENTS OF SOFTWARE LICENSES; POLICE DUE TO ANNUAL MAINTENANCE CONTRACTS RENEWALS AND THE PENSION CONTRIBUTION; AND NON -DEPARTMENTAL DUE TO INSURANCE PREMIUMS AND THE CRA PAYMENT. GENERAL FUND SUMMARY Budget YTD % Beginning Balance $ $ 5,703,001 Ad Valorem Taxes 4,563,724 4,254,890 932%0 Franchise Fees 1,462,101 555,726 38.0% Utility Taxes 31122,777 1,211,541 38.8% Hurricane Recoveries 143,666 - 0.0% Intergovem mental 21341,085 1,238.720 52.9% Charges for Service 744,033 376,017 50.5% Licenses and Other 578,700 206,095 35.6% Transfers From Other Funds 185,000 75,000 40.5% Total Revenues $ 13,141,086 $ 7,917,989 60.3% From Fund Balance 127,266 - 0.0°% Total Sources $ 13,268,352 $ 7,917,989 59.7% City Council 59,737 23,499 39.3% City Manager 292,499 132,156 45.2% City Clerk 217,040 100,629 46.4%d City Attorney 201,426 88,179 43.8% Admin Services 707,722 338,310 47.8% MIS Division 516.961 271,864 52.6% Police Department 6,402,230 3,348,841 52.3% Roads and Drainage 1,040,937 445,165 42.8% Public Facilities 1,095,203 491,809 44.9% Leisure Services 1,122,549 460,025 41.D% Community Dev, 517,184 234,387 45.3% Non -Departmental 989,850 682,272 68.9% Total Expenditures $ 13,163,338 $ 6,617,136 50.3% Unappropriated 105,014 - i Total Uses $ 13,268,352 $ 6,617,136 49.9% Ending Unappropriated Fund Balance $ 7,003,854 THE $143,666 ON HURRICANE MATTHEW STILL REMAINS UNPAID AND WAITING ON A DETERMINATION FROM FEMA. $2,250 Hurricane Reimbursements $2 000 $143,666 More Due $1, 750 $1,500 ■ @IIg161e a Reserved $2,250 $1,000 $750 $500 $250 $_ Matthew Irma _ * Eligible $1,581,745 $547,325 r Received $1,438,079 $547,325 _Dorian Totals $34,104 $2,163,174 $34,104 $2,019,508 General Fund Revenue 5,00 e.hdi�ed Budget B`'earto Dale 4,000 3,000 c F_ 2,000 1A00 . eeIs FBA floes s06 e6 'rye 0 `dAp �� �b�ydp �` a9t�� 5,�,b �Se f4 �1%"", 'oo'v "�A General Fund Expenditures Madiu="a a„ deer nYea.,o 0,te 6,500 C 4,500 G 3svv }c 2,500 1,500 500 Ism} ,d cPP` c 'A4 , YT 0! \� ft 'o cpi GENERAL FUND BALANCE FORECAST Fund Balance R&R Account Beginning Reserves 10101/20 $ 5,428,001 $ 275,000 Year to Date Revenue 7,917,989 Fund BalanceIR&R Changes to Date: Unfinished 2020 Projects (39,379) Replaced Air Conditioner (57.964) Adjusted for 2% Raises (123,846) Adjusted for Holiday Bonuses (11,550) Adjusted for 1% Raises (46,492) Server Room Air Conditioner (6,221) Hardee Park Restroom Lock (1,224) Working Waterfront Seawall (14,837) Community Center Roof (5,000) Park Irrigation Repairs (2,730) Year to Date Uses $ (221,267) $ (87,976) Other Expenditures (6,307,893) Current Reserves $ 6,816,830 $ 187,024 Expected Changes to Year End: Additional Revenues 5,423,097 - Additional Expenditures (7,010,002) Ending Reserves $ 5,229,925 187,024 Contingency Balance $ 105,014 Adjust i to $275,000 (87.976) 87,976 Adjusted Reserves $ 5,246,963 $ 275,000 Assigned Funds (748,742) - Net Unassigned Reserves $ 4,498,221 $ 275,000 Total Unassigned Reserves $ 4,773,221 Projected in 2021 Budget $ 5,141,412 38 of 169 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT SECOND QUARTER ENDING MARCH 31, 2021 SUMMARY MOST OF THE STORMWATER FEES ARE COLLECTED DURING GOLF COURSE BALANCES EXCLUDE THE LOANS FROM THE THE FIRST QUARTER ALONG WITH PAYMENT OF PROPERTY GENERAL_ FUND AND BUILDING FUND Will WERE TAXES. COMMMITTED FOR IRRIGATION/CLUBHOUSE WORK. ENDING �. RESOURCES ARE PROJECTED TO BE BETTER THAN WHEN STORMWATER FUND SUMMARY WE PREPARED THE 2021 BUDGET PROJECTIONS. Budget YTD % GOLF FUND SUMMARY Beginning Fund Balance $ $ 1,375,749 Budget YTD % Stormwaler Fees 2,039,714 1,813,872 88.9% Beginning Resources $ • $ (640,608) Interest 44,844 2,775 6.2% Charges for Service 1,436,025 877,355 61.1 % Total Revenues $ 2,084,558 $ 1,816,647 87.1% Rent 30,000 15,000 50.01/° From Fund Baiance 280,478 t}.t}°I° Miscellaneous 8,460 5,137 60.7% Total Sources $ 2,365,036 $ 3,192,396 135.0% Total Revenues 1.474,485 897,492 1 Operating Expenditures 1,533,653 680,744 44.4% From Fund Balance 9,575 r1a Pro Shop Sales 108,172 50,495 46.1 /c Capital Outlay 254,200 68,096 26.$°Ifl Pro Shop Purchases (70,000) (35,426) 50.6°% Contingency 31,202 - 0.0% Sales vs. Cost of Sales 38,172 15,069 39.5%1 Transfer to Capital Projects 545,981 1,325 0.2% Total Sources $ 1,512,657 $ 912,561 60.3°% Total Uses $ 2,365,036 $ 750,165 31.7% Ending Fund Balance $ $ 2,442,231 Operating Expenses $ 1,382,900 $ 671,213 48.5% Expected Change to Year End: Cart Loan Payments 66,391 32,894 58.3% Total Operating Expense 1,439,291 704,107 48.9% Additional Revenues 267,911 General Fund Payment 35,000 - n1a Additional Expenditures (852,909) Building Fund Payment 38,366 19,183 50.0% Additional Capital Outlay (186,104) Total Uses $ 1,512.657 $ 723,290 47.8%1 Transfers to Capital Projects (544,656) Total Ending Resources $ $ (451,337) 9130 Net Available Funds $ 1,126,473 Expected Change to Year End: Projected in 2021 Budget $ 804,968 Additional Sources 600,098 Additional Uses (789,367� 9130121 Ending Resources $ (640,608) AIRPORT REVENUES ARE HIGHER THAN 50% OF BUDGET Projected in 2021 Budget $ [672,196] AND EXPENSES ARE 47.9%. THE DST LOAN IS PAID IN ONE PAYMENT IN THE LAST QUARTER. BEGINNING AND ENDING RESOURCES HAS BEEN ADJUSTED TO EXCLUDE THE BUILDING FUND ENDING RESOURCES REMAIN AT GOOD $527,891 LONG-TERM LIABILITY FOR THE DST LOAN. LEVELS. THIS EXCLUDES THE STATE MANDATED REBATE PAYABLE AND THE $1,175,140 LONG-TERM ADVANCE DUE AIRPORT FUND SUMMARY FROM THE GOLF COURSE. Budget YTD BUILDING FUND SUMMARY Beginning Resources $ $ 338,559 Budget YTO % Rents 479,191 269,804 H.3% Beginning Resources $ - $ 021,128 Investment Income 1,065 370 34.7% Licenses and Permits 840,800 554,371 65.9% Miscellaneous 83,314 21,022 25.2% Charges for Service 15,300 12,956 84.7% Total Revenues 563,570 291,196 51-7% Fines and Forfeits 6,350 2.700 42.5% From Fund Balance 1,690 - 0.0% Miscellaneous 18,922 9.586 50.7% Total Sources $ 565,260 S 629,755 Golf Fund Loan Payments 38,356 19,183 50.0% Total Revenues 919,738 598,796 65.1% Operating Expenses 380,505 191,5N 50.3% From Fund Balance 37,861 - 0.0% General Fund Advance 150,00o 75,000 50.0% Total Sources 957,599 598,796 62.5% DST Fund Loans 30,500 - 0.0% Operating Expenses 898,053 961,687 40.3% Capital Outlay 4,255 4,255 100.0% Capital Outlay 46,957 22.957 48.9% Total Uses $ 566,260 $ 270,822 47.9% Contingency 12.589 - nla Total Ending Resources $ 358,933 Total Uses $ 957,599 $ '184,644 40.2% Expected Change to Year End: Total Ending Resources $ 1,1135,280 Expected Change to Year End: Additional Revenues 272,374 Additional Revenues :120,942 Addditional Uses (294,438) Additional Uses (!i72,955) 9130/21 Ending Resources $ 336.869 9r30121 Ending Resources $ 783,267 Projected in 2021 Budget $ (38,046) Projected in 2021 Budget $ 754,730 39 of 169 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 03/31/21 2017/2018 2018/2019 2019/2020 2020/20201 2020/2021 2D20/2021 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GENERAL FUND TAXES -5,211,563.21 -5,268,302.59 -5,303,644.79 -6,022,156.84 -9,148,602.00 65.83% LICENSES & PERMITS -124,179.46 -108,685.36 -109,767.50 -107,946.80 -149,200.00 72.35% INTERGVT'L REVENUE -1,501,709.95 -1,603,158.38 -1,237,231.94 -1,238,720.42 -2,484,751.00 49.85% CHARGES FOR SERVICE -202,582.12 -304,731.29 -295,108.07 -376,017.11 -744,033.00 50.54% FINES AND FORFEITS -25,846.80 -19,096.37 -37,112.49 -19,027.76 -50,900.00 37.38% MISC. REVENUE -151,624.07 -214,810.50 -231,930.64 -79,120.40 -378,600.00 20.90% TRANSFERS IN -362,499.96 -19,999.98 -12,499.98 -75,000.00 -185,000.00 40.54% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -127,266.00 0.00% GENERAL FUND REVENUE -7,580,005.57 -7,538,784.47 -7,227,295.41 -7,917,989.33 -13,268,352.00 59.68% CITY COUNCIL 24,160.05 21,659.04 24,003.75 23,498.67 59,737.00 39.34% CITY MANAGER 127,809.13 135,780.94 127,778.64 132,156.34 292,499.00 45.18% CITY CLERK 117,633.57 91,957.50 125,325.29 100,629.07 217,040.00 46.36% CITY ATTORNEY 47,796.77 53,049.18 94,606.79 88,179.30 201,426.00 43.78% ADMINISTRATIVE SERVICES 327,605.34 347,666.70 356,680.12 338,309.77 707,722.00 47.80% M.I.S. DIVISION 212,854.48 220,172.46 267,227.25 271,863.95 516,961.00 52.59% AUDIO VISUAL -1,747.74 0.00 0.00 0.00 0.00 n/a POLICE ADMINISTRATION 392,459.15 463,006.09 590,288.66 450,812.86 876,121.00 51.46% POLICE PATROL 1,219,237.28 1,909,615.48 1.898,146.99 1,956,988.27 3,555,815.00 55.04% CODE ENFORCEMENT DIVISION 84,809.22 86,392.63 89.775.00 88,224.73 197,439.00 44.68% POLICE INVESTIGATIONS 368,119.98 413,854.32 590,942.41 593,062.76 1,110,496.00 53.41% POLICE COMMUNICATIONS 292,015.72 285,093.21 292,670.38 259,752.72 662,359.00 39.22% ENGINEERING -18,841.15 0.00 0.00 0.00 0.00 n/a ROADS AND DRAINAGE 452,071.00 426,486.84 493,276.75 445,165.01 1,040,937.00 42.77% STORMWATER UTILITY DIVISION 479,511.99 0.00 0.00 0.00 0.00 n/a CENTRAL GARAGE 102,926.68 124,363.35 95,826.89 98,721.39 214,824.00 45.95% FACILITIES MAINTENANCE 188,356.84 184,335.06 260,103.62 277,315.79 648,857.00 42.74% LEISURE SERVICES 428,493.41 532,479.17 508,704.66 460,025.03 1,122,549.00 40.98% CEMETERY 92,777.87 85,938.30 85,806.63 115,771.67 231,522.00 50.00% COMMUNITY DEVELOPMENT 170,796.85 165,213.37 262,962.58 234,386.50 517,184.00 45.32% NON -DEPARTMENTAL 676,708.91 673,443.32 641,598.84 682,271.72 1,094,864.00 62.32% GENERAL FUND EXPENDITURES 5,785,555.35 6,220,506.96 6,805,725.25 6,617,135.55 13,268,352.00 49.87% LOCAL OPTION GAS TAX TAXES -302,575.50 -294,020.08 -306,904.50 -299,793.58 -710,000.00 42.22% INTERGVT'L REVENUE 0.00 0.00 0.00 0.00 -14,105.00 0.00% MISC. REVENUE -2,162.37 -4,015.59 -1,849.05 -303.21 -13,808.00 2.20% TRANSFERS IN 0.00 0.00 0.00 0.00 0.00 n/a FROM FUND BALANCES 0.00 0.00 0.00 0.00 -314,918.00 0.00% LOGT FUND REVENUE -304,737.87 -298,035.67 -308,753.55 -300,096.79 -1,052,831.00 28.50% OPERATING EXPENSES 5,566.62 23,014.10 0.00 87,572.10 92,973.00 94.19% CAPITAL OUTLAY 22,839.30 0.00 105,554.31 34,372.00 169,937.00 20.23% DEBT SERVICE 121,251.10 120,126.80 121,992.80 121,781.20 243,340.00 50.05% TRANSFERS OUT 14,399.31 409.683.00 606,893.40 478,175.24 546,581.00 87.48% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 nla LOCAL OPTION GAS TAX 164,056.33 552,823.90 834,440.51 721,900.54 1,052,831.00 68.57% DISCRETIONARY SALES TAX TAXES -1,386,528.78 -1,438,621.77 -1,477,978.52 -1,532,253.04 -3,581,025.00 42.79% MISC. REVENUE -13,428.47 -41,334.57 -38,046.10 -5,678.42 -89,178.00 6.37% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -10,798,855.00 0.00% DST FUND REVENUE -1,399,957.25 -1,479,956.34 -1,516,024.62 -1,537,931.46 -14,469,058.00 10.63% OPERATING EXPENSES 0.00 1,500.00 4,080.00 0.00 0.00 n/a TRANSFERS OUT 1,224,106.51 658,589.23 864,599.79 1,157,870.90 13,734,474.00 8.43% TO FUND BALANCES 0.00 0.00 0.00 0.00 734,584.00 0.00% DISCRETIONARY SALES TAX 1,224,106.51 660,089.23 868,679.79 1,157,870.90 14,469,058.00 8.00% 40 of 169 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 03/31/21 201712018 2018/20/9 201912020 2020/20201 2020/2021 2020/2021 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -23,352.16 -28,560.44 -22,222.65 -18,587.97 -46,331.00 40.12% TRANSFERS IN -366,531.86 -404,673.34 -403,239.68 -457,671.66 -443,884.00 103.11% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -210,248.00 0.00% RRD REVENUE -389,884.02 -433,233.78 -425,462.33 -476,259.63 -700,463.00 67.99% OPERATING EXPENSES 109,575.08 207,798.65 175,690.04 133,184.39 263,294.00 50.58% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a GRANTS AND AIDS 15,000.00 0.00 15,000.00 0.00 40,000.00 0.00% TRANSFERS OUT 250,000.00 30,000.00 0.00 74,932.07 252,171.00 29.71% TO FUND BALANCES 0.00 0.00 0.00 0.00 144,998.00 0.00% RRD EXPENDITURES 374,575.08 237,798.65 190,690.04 208,116.46 700,463.00 29.71% PARKING IN LIEU OF FUND MISC. REVENUE -7,233.40 -700.42 -2,012.33 -3,065.01 -4,376.00 70.04% FROM FUND BALANCE 0.00 0.00 0.00 0.00 0.00 n/a PARKING IN LIEU OF REVENUE -7,233.40 -700.42 -2,012.33 -3,065.01 -4,376.00 70.04% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a TRANSFERS OUT 0.00 0.00 0.00 0.00 0.00 n/a TO FUND BALANCES 0.00 0.00 0.00 0.00 4,376.00 0.00% PARKING IN LIEU OF EXPENDITURES 0.00 0.00 0.00 0.00 4,376.00 0.00% RECREATION IMPACT FEE FUND MISC. REVENUE -62,643.65 -57,009.25 -76,260.34 -86,554.19 -155,000.00 55.84% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -135,317.00 0.00% RECREATION IMPACT FEE REVENUE -62,643.65 -57,009.25 -76,260.34 -86,554.19 -290,317.00 29.81% OPERATING EXPENSES 0.00 0.00 0.00 0.00 0.00 n/a CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a TRANSFERS OUT 382,950.10 158,025.18 309,483.40 73,010.48 255,317.00 28.60% TO FUND BALANCE 0.00 0.00 0.00 0.00 35,000.00 0.00% RECREATION IMPACT FEE 382,950.10 158,025.18 309,483.40 73,010.48 290,317.00 25.15% STORMWATER UTILITY FUND MISC. REVENUE -911,405.81 -1,829,562.51 -1,807,588.96 -1,816,646.51 -2,084,558.00 87.15% TRANSFERS IN 0.00 0.00 0.00 0.00 0.00 n/a FROM FUND BALANCES 0.00 0.00 0.00 0.00 -280,478.00 0.00% STORMWATER FUND REVENUE -911,405.81 -1,829,562.51 -1,807,588.96 -1,816,646.51 -2,365,036.00 76.81% PERSONAL SERVICES 0.00 395,308.96 315,556.06 326,030.42 708,142.00 46.04% OPERATING EXPENSES 73,258.65 237,405.30 218,528.53 354,713.66 825,511.00 42.97% CAPITAL OUTLAY 0.00 18,198.16 0.00 68,096.48 254,200.00 26.79% TRANSFERS OUT 349,999.98 14,168.50 4,540.00 1,325.00 545,981.00 0.24% TO FUND BALANCES 0.00 0.00 0.00 0.00 31,202.00 0.00% STORMWATER FUND EXPENDITURES 423,258.63 665,080.92 538,624.59 750,165.56 2,365,036.00 31.72% LAW ENFORCEMENT FORFEITURE FUND FINES AND FORFEITS -100.00 -150.00 -83.33 -15,000.00 -16,000.00 93.75% MISC. REVENUE -368.44 -541.74 -283.67 -26.44 -250.00 10.58% FROM FUND BALANCES 0.00 0.00 0.00 0.00 0.00 n/a FORFEITURE REVENUE -468.44 -691.74 -367.00 -15,026.44 -16,250.00 92.47% OPERATING EXPENSES 3,970.99 2,566.04 0.00 1,500.00 0.00 100.00% CAPITAL OUTLAY 0.00 0.00 0.00 15,000.00 15,000.00 100.00% GRANTS AND AIDS 1,500.00 2,500.00 1,000.00 0,00 0.00 100.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,250.00 0.00% FORFEITURE FUND EXPENDITURES 5,470.99 5,066.04 1,000.00 16,500.00 16,250.00 101.54% STORMWATER DEBT SERVICE FUND MISC. REVENUE -2,208.48 -3,533.77 -1,981.47 -253.80 -1,000.00 25.38% TRANSFERS IN -201,895.98 -201,457.02 -200,677.50 -200,480.52 -400,961.00 50.00% FROM FUND BALANCES 0.00 0.00 0.00 0.00 0.00 n/a STORMWATER DEBT SERVICE REVENUE -204,104.46 -204,990.79 -202,658.97 -200,734.32 -401,961.00 49.94% DEBT SERVICE 16,538.80 13,329.65 10,068.60 6,764.30 400,529.00 1.69% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,432.00 0.00% STORMWATER DEBT EXPENDITURES 16,538.80 13,329.65 10,068.60 6,764.30 401,961.00 1.68% 41 of 169 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 03/31/21 201712018 2018/2019 201912020 2020120201 202012021 202012021 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET_ GOLF COURSE FUND INTERGOVERMENTAL REVENUE -50,000.00 0.00 0.00 0.00 0.00 n/a CHARGES FOR SERVICE -808,287.63 -937,526.73 -935,142.42 -892,424.57 -1,464,621.00 60.93% MISC. REVENUE -53,841.34 -19,655.33 -20,823.52 -20,136.86 -38,460.00 52.36% TRANSFERS IN -11,320.00 0.00 0.00 0.00 0.00 n/a FROM FUND BALANCES 0.00 0.00 0.00 0.00 -9,576.00 0.00% GOLF COURSE FUND REVENUE -923,448.97 -957,182.06 -955,965.94 -912,561.43 -1,512,657.00 60.33% ADMINISTRATION 612,548.24 370,278.53 353,219.62 356,339.10 756,020.00 47.13% MAINTENANCE 282,849.53 284,299.83 288,538.03 284,893.81 602,483.00 47.29% GOLF COURSE CARTS 101,051.52 84,218.95 82,793.15 82,056.67 154,154.00 53.23% GOLF COURSE FUND EXPENSES 996,449.29 738,797.31 724,550.80 723,289.58 1,512,657.00 47.82% AIRPORT FUND CHARGES FOR SERVICE -10,121.85 -12,277.83 0.00 0.00 0.00 n/a MISC. REVENUE -257,712.63 -318,171.89 -281,452.69 -291,195.87 -563,570.00 51.67% TRANSFERS IN 0.00 0.00 -4,691.00 0.00 0.00 n/a FROM FUND BALANCES 0.00 0.00 0.00 0.00 -1,690.00 0.00% AIRPORT FUND REVENUE -267,834.48 -330,449.72 -286,143.69 -291,195.87 -565,260.00 51.52% PERSONAL SERVICES 77,947.21 66,170.97 33,059.95 33,524.89 71,578.00 46.84% OPERATING EXPENSES 117,417.80 163,170.47 148,529.69 158,042.15 308,927.00 51.16% CAPITAL OUTLAY 0.00 18,628.82 5,125.33 4,255.00 4,255.00 100.00% DEBT SERVICE 0.00 0.00 0.00 0.00 30,500.00 0.00% TRANSFERS OUT 12,499.98 19,999.98 12,499.98 75,000.00 150,000.00 50.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 n/a AIRPORT FUND EXPENSES 207,864.99 267,970.24 199,214.95 270,822.04 565,260.00 47.91 % BUILDING FUND LICENSES & PERMITS -419,589.85 -386,430.08 -439,001.85 -554,370.66 -840,800.00 65.93% CHARGES FOR SERVICE -6,478.83 -5,661.90 -8,139.10 -12,956.10 -15,300.00 84.68% FINES AND FORFEITS -3,111.00 -4,255.00 -3,098.00 -2,700.00 -6,350.00 42.52% MISC. REVENUE -4,650.38 -8,061.54 -7,063.06 -9,586.19 -18,922.00 50.66% TRANSFERS IN 0.00 -19,183.98 -19,183.98 -19,183.02 -38,366.00 50.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -37,861.00 0.00% BUILDING FUND REVENUES -433,830.06 -423,592.50 -476,485.99 -598,795.97 -957,599.00 62.53% PERSONAL SERVICES 239,626.83 267,170.03 282,283.14 284,569.75 745,793.00 38.16% OPERATING EXPENSES 42,641.16 46,477.24 71,019.81 77,117.42 152,260.00 50.65% CAPITAL OUTLAY 0.00 0.00 0.00 22,957.00 46,957.00 48.89% TRANSFERS OUT 0.00 0.00 0.00 0.00 12,589.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 n/a BUILDING FUND EXPENSES 282,267.99 313,647.27 353,302.95 384,644.17 957,599.00 40.17% 42 of 169 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 03/31/21 2017/2018 2018/2019 2019/2020 202012021 2020/2021 2020/2021 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET DFBUDGET CITY COUNCIL PERSONAL SERVICES 11,373.06 11,379.73 11,373.77 11,376.58 22,732.00 50.05% OPERATING EXPENSES 12,786.99 10,279.31 12,629.98 12,122.09 37,005.00 32.76% TOTAL 24,160.05 21,659.04 24,003.75 23,498.67 59,737.00 39.34% CITY MANAGER PERSONAL SERVICES 124,569.14 130,687.25 120,674.26 126,851.75 275,407.00 46.06% OPERATING EXPENSES 3,239.99 5,093.69 7,104.38 5,304,59 17,092.00 31.04% TOTAL 127,809.13 135,780.94 127,778.64 132,156.34 292,499.00 45.18% CITY CLERK PERSONAL SERVICES 74,633.17 77,990.37 80,543.55 84,425.18 184,750.00 45.70% OPERATING EXPENSES 43,000.40 13,967.13 44,781.74 16,203.89 29,980.00 54.05% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 2,310.00 0.00% TOTAL 117,633.57 91,957.50 125,325.29 100,629.07 217,040.00 46.36% CITY ATTORNEY PERSONAL SERVICES 0.00 0.00 13,339.02 75,393.26 164,039.00 45.96% OPERATING EXPENSES 47,796.77 53,049.18 81,267.77 12,786.04 37,387.00 34.20% TOTAL 47,796.77 53,049.18 94,606.79 88,179.30 201,426.00 43.78% ADMINISTRATIVE SERVICES PERSONAL SERVICES 243,205.62 261,776.03 258,747.97 240,689.21 562,649.00 42.78% OPERATING EXPENSES 84,399.72 85,890.67 97,932.15 97,620.56 145,073.00 67.29% TOTAL 327,605.34 347,666.70 356,680.12 338,309.77 707,722.00 47.80% M.I.S. DIVISION PERSONAL SERVICES 120,924.30 139,875.56 162,827.07 158,408.48 358,104.00 44.24% OPERATING EXPENSES 91,930.18 80,296.90 103,488.07 113,455.47 158,857.00 71.42% CAPITAL OUTLAY 0.00 0.00 912.11 0.00 0.00 n/a TOTAL 212,854.48 220,172.46 267,227.25 271,863.95 516,961.00 52.59% AUDIO VISUAL DIVISION PERSONAL SERVICES -678.08 0.00 0.00 0.00 0.00 n/a OPERATING EXPENSES -1,069.66 0.00 0.00 0.00 0.00 n/a CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a TOTAL -1,747.74 0.00 0.00 0.00 0.00 n/a POLICE ADMINISTRATION PERSONAL SERVICES 315,270.66 382,256.03 483,011.15 370,311.96 740,467.00 50.01 % OPERATING EXPENSES 77,188.49 80,750.06 87,583.51 80,500.90 135,654.00 59.34% CAPITAL OUTLAY 0.00 0.00 19,694.00 0.00 0.00 n/a TOTAL 392,459.15 463,006.09 590,288.66 450,812.86 876,121.00 51.46% POLICE PATROL PERSONAL SERVICES 1,089,906.35 1,742,333.62 1,743,401.76 1,817,645.56 3,206,256.00 56.69% OPERATING EXPENSES 116,968.94 159,282.87 122,187.36 126,959.97 328,641.00 38.63% CAPITAL OUTLAY 12,361.99 7,998.99 32,557.87 12,382.74 20,918.00 59.20% TOTAL 1,219,237.28 1,909,615.48 1,898,146.99 1,956,988.27 3,555,815.00 55.04% CODE ENFORCEMENT DIVISION PERSONAL SERVICES 76,015.76 78,884.61 81,275.22 81,047.16 176,731.00 45.86% OPERATING EXPENSES 8,793.46 7,508.02 8,499.78 7,177.57 20,708.00 34.66% TOTAL 84,809.22 86,392.63 89,775.00 88,224.73 197,439.00 44.68% POLICE INVESTIGATIONS PERSONAL SERVICES 317,560.77 347,441.16 497,194.28 510,994.62 952,417.00 53.65% OPERATING EXPENSES 50,559.21 56,418.16 66,638.95 72,568.14 147,479.00 49.21% CAPITAL OUTLAY 0.00 9,995.00 27,109.28 9,500.00 10,600.00 89.62% TOTAL 368,119.98 413,854.32 590,942.51 593,062.76 1,110,496.00 53.41% 43 of 169 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 03/31/21 2017/2018 2018/2019 2019/2020 2019/2020 2019/2020 2019/2020 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET POLICE COMMUNICATIONS PERSONAL SERVICES 287,088.21 280,732.55 286,426.03 255,469.30 648,523.00 39.39% OPERATING EXPENSES 4,927.51 4,360.66 6,244.35 4,283.42 13,836.00 30.96% TOTAL 292,015.72 285,093.21 292,670.38 259,752.72 662,359.00 39.22% ENGINEERING PERSONAL SERVICES -2,422.90 0.00 0.00 0.00 0.00 n/a OPERATING EXPENSES -16,418.25 0.00 0.00 0.00 0.00 n/a CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a TOTAL -18,841.15 0.00 0.00 0.00 0.00 n/a ROADS AND DRAINAGE PERSONAL SERVICES 254,577.14 231,545.76 275,401.18 292,176.01 623,386.00 46.87% OPERATING EXPENSES 189,949.86 173,992.23 178,685.32 150,087.01 371,218.00 40.43% CAPITAL OUTLAY 7,544.00 20,948.85 39,190.25 2,901.99 46,333.00 6.26% TOTAL 452,071.00 426,486.84 493,276.75 445,165.01 1,040,937.00 42.77% STORMWATER UTILITY DIVISION PERSONAL SERVICES 270,606.69 0.00 0.00 0.00 0.00 n/a OPERATING EXPENSES 207,918.30 0.00 0.00 0.00 0.00 n/a CAPITAL OUTLAY 987.00 0.00 0.00 0.00 0.00 n/a TOTAL 479,511.99 0.00 0.00 0.00 0.00 n/a CENTRAL GARAGE PERSONAL SERVICES 88,458.36 101,391.03 86,048.11 87,953.59 189,384.00 46.44% OPERATING EXPENSES 14,468.32 13,377.31 9,778.78 10,767.80 22,940.00 46.94% CAPITAL OUTLAY 0.00 9,595.01 0.00 0.00 2,500.00 n/a TOTAL 102,926.68 124,363.35 95,826.89 98,721.39 214,824.00 45.95% FACILITIES MAINTENANCE PERSONAL SERVICES 51,279.45 78,723.27 132,957A1 137,884.19 290,597.00 47.45% OPERATING EXPENSES 87,093.89 100,906.79 111,774.21 122,810.60 280,575.00 43.77% CAPITAL OUTLAY 49,983.50 4,705.00 15,372.00 16,621.00 77,685.00 21.40% TOTAL 188,356.84 184,335.06 260,103.62 277,315.79 648,857.00 42.74% LEISURE SERVICES PERSONAL SERVICES 240,364.41 343,436.38 357,528.81 330,031.59 802,159.00 41.14% OPERATING EXPENSES 186,779.00 110,972.89 101,781,25 116,030.68 264,467.00 43.87% CAPITAL OUTLAY 1,350.00 78,069.90 49,394.60 13,962.76 55,923.00 24.97% TOTAL 428,493.41 532,479.17 508,704.66 460,025.03 1,122,549.00 40.98% CEMETERY PERSONAL SERVICES 72,003.82 70,083.19 74,906.17 103,254.60 176,307.00 58.57% OPERATING EXPENSES 12,283.09 15,855.11 10,900.46 12,517.07 35,215.00 35.54% CAPITAL OUTLAY 8,490.96 0.00 0.00 0.00 20,000.00 0.00% TOTAL 92,777.87 85,938.30 85,806.63 115,771.67 231,522.00 50.00% COMMUNITY DEVELOPMENT PERSONAL SERVICES 158,066.02 153,534.82 173,435.31 200,967.26 434,559.00 46.25% OPERATING EXPENSES 12,730.83 11,678.55 74,877.77 33,419.24 71,314.00 46.86% CAPITAL OUTLAY 0.00 0,00 14,649.50 0.00 11,311.00 0.00% TOTAL 170,796.85 165,213.37 262,962.58 234,386.50 517,184.00 45.32% NON -DEPARTMENTAL PERSONAL SERVICES 143,192.45 155,141.20 125,484.28 129,753.74 232,289.00 55.86% OPERATING EXPENSES 464,279.02 497,845.12 511,423.56 546,854.98 737,061.00 74.19% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a TRANSFERS TO OTHER FUNDS 69,237.44 20,457.00 4,691.00 5,663.00 20,500.00 27.62% TO FUND BALANCES 0.00 0.00 0.00 0.00 105,014.00 0.00% TOTAL 676,708.91 673,443.32 641,598.84 682,271.72 1,094,864.00 62.32% GENERAL FUND EXPENDITURES 5,785,555.35 6,220,506.96 6,805,725.35 6,617,135.55 13,268,352.00 49.87% 44 of 169 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF MARCH 31, 2021 Current Prior Project Budget Share Project Year Year Expenditures Percent Foods Number Description Budeet Sources tin Thousands of Sl Budget Expenditures Expenditures To Date Expended Encumbrances Remainine FV2019 A1823 Cemetery Improvements CTF 150 150,000 51,519 17,909 69.428 46.29% 76,214 4,358 A1824 Working Waterfront Phase 3 DST 26 25,700 4,710 20,300 25,010 97.32% 690 - A1860 Slonecrop Drainage DST 11 11,229 11,229 11,229 100.00°'0 - - TOTAL S 186,929 S 56.229 S 49,438 S 105,667 56.53% S 76,904 S 4.358 FY2019 A19'-0 Working Waterfront Phase 3 FIND/DON/GF/DSTK'RA/PILO 170130/15/273/45113 545,793 411,838 20,990 432,828 79.30% 108,693 4,272 A1921 Pickleball DST/RIF 197/423 619,762 359 604,751 605,110 97.641/. - 14,652 A1925 Park Signage DST/RIF 44/155 199,000 53,165 53270 106,435 53.48% 92,565 - A1960 Stonecrop Drainage DST 12 12,000 12,000 12,000 100.000% A1952 Construct Hangar D FDOT/DST 1,800/450 2-150.000 58,222 234,096 292,317 12.99% 318,361 1,639,321 TOTAL, $ 3,626,555 $ 523,584 S 925,107 S 1,449,690 40% S 519,619 S 1,658,245 FY2020 A2004 PD Vehicles & Equipment (Complete) DST 339 339,226 339,226 339,226 100.00% - - A2006 Evidence Compound Paving & Carport DST 40 40,000 10,046 129 10,175 25.44 % 22,..%7 7,459 A2007 CDBG Grant Program CDBG 250.7 250,769 4.898 13,720 18,618 7.42 % 30,822 201,329 A2008 COVID-19 Expenses Grant 1074 1,074,322 488,251 506,692 994,943 92.61 % 37,118 42.261 A2009 CDBG CARES Act Grant Program CDBG 74.8 74,778 1,246 1246 1.67% 73.532 A2021 BSSC Baseball Dugouts RIF 80 80,000 16,174 20,085 36,259 45.32% 43,741 A2024 Park Improvements (Complete) RIF/DON 12.612.5 15,111 3,672 11.439 15,111 100.00% - - A2025 Community Center Office DST 40 40,000 - - - 0.00% - 40.000 A2026 Renovate Golf Tees DST 50 50,000 951 30,603 31,554 63.11% - 18,446 A2028 Riverview Park Sidewalks (Complete) LOGT / CRA 46.5 / 32 78,623 70.832 7,790 78,622 100.00% 1 A2029 CRA Signage & Landscape CRA 113 113,000 40,680 13,448 54,128 47.90% 45,872 13,000 A2030 Relocate Public Facilities Compound DST 9639.3 9,639.316 239,961 244,859 494,820 5.03 % 712,280 8,442,116 A2050 Construct Taxi Lane FAA/FDOT/DST 658/36.5/36.5 731,046 19,619 40,404 60,022 8.21% 9,861 661,164 A-7060 Roadway Swale Work SW 60 60,000 25,865 25,865 43.11% 34,135 A2061 Canal Improvements SW 1000 1,000,000 - - - 0.00% - 1,000,000 A2062 Stonecrop Drainage FEMA/DST 645/215 860,000 5.300 12,616 17,916 2.08% - 842,084 A2063 Septic to Sewer Grant Program IRLC/CRA 100/100 200,000 4,378 48,847 53,225 26.61 % 146,775 S 14,646,191 S 904,760 S 1.316,970 $ 2,221,730 15.17 % S 892,455 S 11,532,006 FY2021 A2100 Server/Host Update (Complete) DST 43.2 43,195 43,195 43,195 100.00% A'-101 Citywide Computers DST 35 35,000 10,625 10,625 30.36 % 24,375 A2102 Audio/Visual Equipment DST 75 75,000 66,609 66,609 88.81 % 9,287 104 A2103 COSty Equipment DST 10 10,000 581 581 3.81 % 6,915 2.604 A2104 Phone System DST 100 100,000 - 0.00% 100,000 A2105 Network Infrastructure DST 39 39,000 33,728 33,728 86.48 % 5,272 A' 106 Police Vehicles & Equipment DST 350 349,982 0.00% 318,348 31,634 A2120 BSSC Lightning System (Complete) GF/DST 5.7/24 29.663 29,663 - 29,663 100.00% A2121 Harrison Street Park Plaza DST 270 270,000 - 0.00% 270.000 A2122 N. Central Ave Event Plaza DST 40 40,000 0.00% 40,000 A2123 Tree Protection Plan DST 135 135,000 0.00% 135.000 A2124 Playground Improvements RIF 70 70,000 - - 0.00% _ 70,000 A2125 Park Improvements RIF 20 20,000 0.00°1. 20.000 A_ 130 Street Repaving LOGT 338.2 338,227 325,681 325,681 96.29% 11.136 1,410 A2131 Sidewalk Replacement LOGT 55.8 55,860 - - - 0.00% - 55,860 A2132 Street Reconstruction (Complete) LOGT/DST 105.9/500 605,913 605,912 - 605,912 100.00% - 1 A' 133 Truck w/Crane DST 65 65.000 - - - 0.00% 61,098 3,902 A2160 Roadway SwalewDriveways SW 100 100,000 - - 0.00% - 100,000 A2161 Stormwater Master Plan SW 100 200,000 0.00% 200,000 A2162 Slipiining DST 100 100,000 - - - 0.00% 96,720 3,280 A2150 Establish Sewer Service FDOT/DST 800/200 1,000,000 - - - 0.00% 1,000,000 A2151 Square Hangar Engineering FDOT/DST 222155.5 277,516 16,266 - 16,266 5.96% 33,776 227,474 3.959,356 1,132,261 - 1,132,261 28.60% 536,191 2,290,915 GRAND TOTAL S 22,419,031 S 2,616,334 S 2,291,514 S 4,908,348 21,89% S 2,025,159 $ 15,485,524 45 of 169 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2021 At March 31, 2021, the total of the City's cash and investments were $19,590,932.27. Of this, $15,160,405.78 was held in an interest bearing checking account at Seacoast National Bank, $3,891,463.67 was invested with the State Board of Administration and $547,062.82 is deposited with Florida Trust, which invest in short-term bonds. The City did not purchase any new securities during the quarter and does not hold any direct investments in government securities. Returns at the end of the quarter were .25% for the Bank and .02% for the State Board. The average annualized return over the 3 months of this quarter from the deposit with Florida Trust was .32%. The Bank returns and State Board continue to drop primarily due to reactions of the bond market and Federal Reserve. SEACOAST NATIONAL BANK STATE BOARD OF ADMINISTRATION (SBA) CURRENT CURRENT CASH BALANCE ALLOCATION BALANCE PERCENT INVESTMENTALLOCATION BALANCE PERCENT General Fund $ 5,464,749.85 36.05% General Fund $ 602,376.85 15,48% Local Option Gas Tax Fund (33,401.10) -0.22% Local Option Gas Tax Fund 0.00% Discretionary Sales Tax Fund 5,311,905.07 35.04% Discretionary Sales Tax Fund 1,325,351.97 34.06% Riverfront Redevelopment Fund 598,210.10 3.95% Riverfrom Redevelopment Fund 149,541.46 3.84% Parking In -Lieu -Of Fund 0.00% Parking In -Lieu -Of Fund 63,748.53 1.64 % Recreation Impact Fee Fund 142,049.69 0.94% Recreation Impact Fee Fund 35,538.28 0.91% Stormwatcr Utility Fund 1,970.00t.82 12.99% Stormwater Utility Fund 492,384.31 12.65% Law Enforcement Forfeiture Fund - 0.00% Law Enforcement Forfeiture Fund 31,308A1 0.80% Stormwater Series 2003 Debt Service Fund 110,607.41 0.73% Stormwater Series 2003 Debt Sen ice Fund 0.00% Capital Projects Fund (169,763.55) -1.12% Capital Projects Fund 0,00% Capital Improvements Fund (271.073.65) -1.79% Capital Improvements Fund 0.00% Transportation Fund (0.10) 0.00% Transportation Fund 0.00% Stormwater Projects Fund 245,572.10 1.62% Slormwater Projects Fund 0.00% Golf Course Fund 253.743.86 1.67% Golf Course Fund 0.00% Airport Fund 367,051.16 2.42% Airport fund 0A)% Airport Projects Fund 79,084.53 0.52% Airport Projects Fund 0.001/0 Building Department Fund 943,493.93 6 22% Building Department Fund 235,330.68 6.05% Cemetery Trust Fund 147,424.66 0.97% CemeteryTrust Fund 863,543.18 22.19% Performance Deposits Fund 750.00 0.00% Performance Deposits Fund 92,340.00 2.371/6 Total Bank Balance $ 15,160,405.78 100.00% Total SBA Balance $ 3,991,46167 100.00% INTERFUND LOANS REPORT Fund Making Loans Purpose GENERAL FUND: Due from Golf Course Cash Flow Loan Due from Airport Fund Grant Match Loan DISCRETIONARY SALES TAX: Due from Airport Fund $285,000 Hangar A Due from Airport Fund $267,511 Hangar B BUILDING FUND: Due from Golf Course $700,000 Irrigation Due from Golf Course $559,684 Other Repairs 10/01/20 Scheduled Balance at Balance Payments 03/31/2021 Remarks/Terms $500,000 None $500,000 Pay $25K/Year or More Starting FY 20/21. $150,000 None 1 $75,000 Pay $150K in FY 20/21. $269,245 $18,000 $261,966 5 Years @ 3%, Then 4%for 25 Years. $259,869 $12,500 $257,764 5 Years @ 3%, Then 4% for 25 Years. $615,456 $30,547 $596,273 20 Years, Each 5 Years Adjust to T-Bond Minus 1%. $559,684 None $559,684 Pay When Possible, Maybe After $700,000 is paid. 46 of 169 myor SE - T M HOME OF PELICAN ISLAND To: Mayor and City Council Thru: Paul Carlisle, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: May 26, 2021 Re: 2"d Quarter Accomplishments Fiscal Year 2021 The following are the 2" k Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended March 31, 2021. CITY CLERK Legislative Sunnort Matters • City Clerk prepared agenda, attended/recorded six Regular City Council meetings. • Completed follow up of approved Council matters — contracts, letters, e-mails, scanned to LF and indexed. • Six resolutions adopted by Council. • One ordinance adopted by Council. • Two ordinances passed on first reading. + Six proclamations prepared for presentation by Council Members. • Provided monthly City calendars and revisions to Council, city staff and press. • Four advertisements placed with TCPahn. • Coordinated attendance of clergy for Council meeting invocations. Records Management ProRram • Responded to 56 public records requests. • 63 cubic feet of paper records met retention along with duplicate and OSA records destroyed by shredding vendor. • Documents, maps, & surveys of stormwater, streets and personnel files were imported into Laserfiche for permanent and long term record. • Transferred and documented three bid records for storage. Election Matters • Assisted SOE with 2021 polling location changes. City Board Matters • Noticed vacancies, prepared five board appointments, notified and provided info to appointees, updated Board Handbook. • City Clerk prepared agenda, attended/recorded three CRA and one and one CRA Workshop. • City Clerk prepared agenda, attended/recorded four Charter Review Committee meetings. • Records Specialist was the facilitator at four Charter Review Committee meetings. • Records Specialist published all scanned City board packets to City website and LaseTfiche and provided to press and Council. • Coordinated board/committee meeting minutes between staff and technical writer. Cemetery Matters • Certificates of Interment Rights issued for 21 locations for a total of $31,300. • Scanned all cemetery records as sold or amended for permanent retention. Personnel/Educational Matters • Records Specialist attended two Project Management meetings. • Administered oath to two Police Officers. • City Clerk attended Leadership Training on March 15, 2021. • Coordinated carpet replacement with Facilities Maintenance, MIS Division. • Packed offices for furniture removal to replace carpet. Communitv Matters • Responded to or forwarded CITYSEB emails to appropriate departments. • Coordinated use of Chambers for FDOT public workshop. • Coordinated use of Chambers for IRC North County Septic to Sewer public workshop. 47 of 169 1 ADMINISTRATIVE SERVICES • Provided administrative support to the Police Pension Board. • Worked with Auditors to complete the FY2020 audit and prepare the financial statements. • Submitted the FY2020 Comprehensive Annual Financial Report to the Government Finance Officers Awards Program. • Prepared various other mandated State and Federal reports on the fiscal year ending September 30, 2020. • Assisted with negotiations of wage opener in accordance with the PEA and PBA Labor Agreements. • Developed the budget calendar for events that will keep preparation of the FU2022 budget on schedule. • Prepared 1st Quarter Budget Amendment and made presentation to Budget Committee and City Council. • Finalized payments from CARES ACT on the Rental and Mortgage Assistance Grant Program. • Processed additional $2,000 payments for CARES ACT Small Business Grant Program. • Handled normal processing of payroll, accounts payable and cashiering. Monitored and approved payments on major contracts. • Maintained listing of current capital projects and held frequent meetings with project managers to monitor progress. • Coordinated the quarterly employee investment meetings with the ICMA representative. • Monitored and completed required grant paperwork on Airport and other grants. • Recruited, interviewed and hired replacements for vacant positions. • Documented bids and proposals for purchases to insure purchasing policies were followed. • Reviewed and approved agenda items for contracts and other payments requiring City Council approval. POLICE DEPARTMENT Administration • Continued review of agency policies per accreditation standards. • Participated in Tim Tebow's Night to Shine with Special Needs individuals. • Conducted interviews for 911 dispatcher positions. • Attended 5 ZOOM Meetings (Crime Lab, SAC, And Executive Roundtable). • Continued our quarterly auditing and inspection of the police building and equipment. • Command Staff members attended 6 Council meetings. • Responded to 2 public records request. • Participated in CAD/RMS software & BWC/Video Camera demonstrations. • Swore in 2 new officers. • Attended leadership training at Florida Police Chief s Conference. • Participated in 2 strategic planning meetings. • Completed 3 leadership meetings and several (weekly) staff meetings. • Compiled and submitted 2021 CIP. • Held 4 hour leadership training in Council Chambers for City leadership. Volunteers • The Community Service Volunteers worked a total of 614.50 hours during this quarter. • 65 bank deposit details were made. This service is done for City Hall so employees do not have to leave their assigned duties. • 0 traffic control details were assigned. These consist of directing traffic at city events, road closures, etc. • 146 house watches/close patrols were completed. • 35 vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc. • 192 business checks were made. These business checks are conducted to help patrol officers keep an eye on the business community which helps reduce crime. • 65 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 20 Airport checks were made. The visibility helps to deter crime. • 20 special details were assigned. • 14 miscellaneous assists for law enforcement personnel. • 41 paper runs, i.e.: State Attorney's Office, Sheriffs Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney paperwork, and miscellaneous items as needed. • Assisted with traffic control on 2 traffic crash scene. • 14 citizen contacts. • 146 miscellaneous jobs. • 8 Escorts were completed. 48 of 169 School Resource Officers January 1st thru March 31, 2021 Area/school checks 119 118 120 Life Skills classes taught 0 3 5 Reports 1 1 4 Crossing Guard contacts 10 28 18 Mentors lunches 12 13 12 Patrol hours 8 8 32 Communty event hours 2 13 14 Communty event hours J Patrol hours r= 1 Mentors lunches 6W Crossing Guard contacts Reports Life Skills classes taught Area/school checks 357 8 6 56 39 48 29 March Fe b. Jan. 0 20 40 60 80 100 120 140 Road Patrol and Special Operations • Officers were dispatched to 5749 calls for service, and self -initiated 3452 events. • 79 adult and 6 juvenile arrests were made. • 0 Juvenile Civil Citations were issued. • Officers issued 221 citations, 2 parking citations, and 399 written warnings. • Officers completed 485 offense reports and 90 crash reports. Special Operations Citations Warnings Incident Reports Arrests Traffic Officer 59 123 20 3 Marine* 1 3 0 0 K-9 Unit • K-9 Training Hours: 210 • Misdemeanor Arrests: 2 • Felony Arrests: 10 • Narcotic Searches: 16 • Activity Reports: 4 • K-9 Demonstrations: I • Schools Attended: 0 • Additional Training Hours: 400 hour K9 Patrol School. • Agency Assisted: Indian River and Brevard County. 49 of 169 3 Detectives January 1st thru March 31, 2021 (Subpoenas 1 6 1 8 Arrests 2 1 3 6 Warrants 2 0 7 9 Training/Meeting Hours 6 70 47.75 123.75 Fallow -Ups 14 22 38 74 (Active Cases 15 26 25 66 Assigned Cases 14 18 17 49 Cleared Cases 4 8 9 21 Inactive Cases 4 6 13 23 Supplements is 27 33 75 Call Outs 4 0 3 7 Back ground/Rpo 3 2 1 6 Call Outs Supplements �..�.r Inactive Cases Cleared Cases Assigned Cases Active Cases Follow-ups Training/Meeting Hours Warrants Arrests Subpoenas �- 0 50 100 150 ■ Series4 It Series3 a Series2 N Seriesl M 50 of 169 COPE QUARTERLY REPORT ACTIVITY COMMUNITY EVENTS AGENCY OUTREACH EVENTS COMMUNITY MEETINGS SCHOOL -RELATED EVENTS PUBLIC TRAINING CLASSES REGIONAL OUTREACH SRO Coverage EXPLORER POST ACTIVITIES TRAINING AND SCHOOLS IN-SERVICE INSTRUCTION SOCIAL MEDIA MANAGEMENT ADMINISTRATION & RESEARCH ROAD PATROL COVERAGE Communications Division HOURS Community Events: i9 Jr. Bluewater Open - 3 — COVID Test Site - 5 10 Triathalon - 6 Light Up Night - 9 27 Honor Special Needs 2 Student - 3 Christmas Parade - 9 0 Lip Sync Battle - 10 0 Bell Ringing - 3 Public Training Classes: 16 RAID Women - 0 0 Active Shooter- 0 SAFE Women - 0 7 Refuse to be a victim - 0 0 Agency Outreach: 24 Movie Night - 10 Community Night Out-0 6 Turkey Drive - 0 Toy Drive - 0 0 Shop w/ a Cop - 0 Community Meetings Exchange Club -6 Tobacco Free - 6 Veteran's Council-1 SAFIR Zoom-14 School Related Events SCJH - 0 Sebastian - 0 PreSchool-2 Regional Outreach: Crime Stoppers -❑ Torch Run - 0 SRO: -16 Road Coverage -0 Honor Guard - 0 Explorer Post Activities: 0 Training and Schools: 07 In Service - 6 Below 100 - p� Humvee -1 ' Admin & Research: Pension Board - 0 1 Special Events - 0 Awards - 0 COPE Meeting - 6 Banquet-0 Lip Sync Video - 0 Social Media Management'. {Facebook, Twitter, Instagram} - 24 In -Service Inst Vehicle Ops - 0 Disp. Calls For Service 1,437 1,369 1,555 4,359 Officer Initiated Calls 1,230 1,373 965 3,568 Code Enf. Initiated Calls _ 1,292 1,810 2,094 5,196 Volunteer Initiated Calls 117 103 160 380 Calls Entered Into CAD 4,116 4,709 4,834 13,659 911 Calls Received 765 726 849 2,340 911 Calls Transferred Out 319 284 356 959 911 Hang-up Calls 100 94 110 291 Admin. Calls Received 616 585 678 1,879 Admin. Calls Transferred N/A N/A N/A N/A Outgoing Admin. Calls NA NA NA NA Training/Meeting Hours 18 18 18 54 911 NETWORK DOWN UNABLE TO PULL NUMBERS DIRECTLY FRC M THE PHONE SYSTEM. THE TOTAL CALLS ARE COMING FROM CAD WHICH DOES NOT INCLUDE THE IN HOUSE CALLS OR OUTGOING Training/Meeting Hours } Outgoing Admin_ Calls Admin, Calls Transferred Admin. Calls Received 911 Hang-up Calls 911 Calls Transferred Out 911 Calls Received Calls Entered Into CAD Volunteer Initiated Calls Code Enf, Initiated Calls Officer Initiated Calls Disp. Calls For Service= , 0 1,000 2,000 Month 3 at Month 2 Month 1 3,000 4,000 5,000 6,030 51 of 169 5 Crime Scene/Evidence Items Received 95 70 102 267 Evidence Processed In-house 5 12 38 55 Evidence Outsourced 5 12 11 28 Items Returned 14 24 23 61 Items Purged 47 142 108 297 Cars Impounded 0 0 0 0 Video Redaction Hours 66 60 42 168 Videos Burned 82 78 64 224 Supplements Written 12 4 6 22 Evidence Processing Hours 22 85 77 184 Crime Scene Processing Hours 3 7 24 34 Training Hours 3 0 0 3 Call Outs 1 2 4 7 Cal I Outs `Training Hours Crime Scene Processing Hours Evidence Processing Hours Supplements Written Videos Burned Video Redaction Hours Cars Impounded Items Purged Items Returned Evidence Outsourced Evidence Processed In-house Items Received 0 20 40 60 80 100 120 140 160 Mar Feb Jan Code Enforcement Of the 5,213 code calls for the quarter the following is a breakdown of some specific calls made: • Issued 345 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 154 property inspections for title companies and 67 sign violations. • 631 Code Services. ■ 522 re -inspections, 57 violations were not complied with, 78 were posted for abatement, 14 abated by vendors. • 378 violations complied. • 1 Liens filed, 8 liens released. • 66 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an attempt to gain compliance. • There were no calls for water violation during the second quarter. Alarm Assessment • $310.00 in alarm permits (new and renew) • $100.00 in false alarms fines • 110 alarm responses by officers, 51 of these were false. • 1 New permits issued. 52 of 169 6 ROADS Asphalt • Put down 47 tons of asphalt throughout the city at various potholes, road crossing etc. Concrete • Removal of old concrete at twin pier due to sinking causing trip hazard, regarded dirt, forming and re -pouring. • Poured head walls at Evernia and Tarpon road crossings for SW. • Poured 10 yards of concrete at ball fields for phase 2 of dug out replacement. Rieht of Wav Mowing • Mowed right of ways throughout the city removing sight obstructions and clearing way for drainage on vacant lots. Miscellaneous • Assisted in demolition of old dug out for phase 2. • Assisted in setting up new poles for dug outs and formed pads for concrete. • Assisted SW in clearing the Wimbrow dam of vegetation and removal of center island. • Trimmed hedges on Powerline Road and weed eated curbing. • Weed eated curb and gutter on Main St in front of City Hall. • Assisted sign shop with restriping Main St. and in taping off runway at the Airport for painting. • Regraded millings in Easy St. parking lot and also overflow parking on river. • Took loads of scrap metal from compound to Mr. Scrap. • Assisted SW with the road crossing replacements at Arcardia and also Crowberry. Road Crossing at Evernia as well. • Removed fallen tree limb from Laconia and Gladiola blocking stop sign. • Hauled in multiple loads dirt and sand to Cemetery for center of new circular road addition. Sign Shop • Signage and Installation: • Created: 1,061 • Signs Installed: 210 • Signs straightened 8 • Decals: 9 • Traffic Studies: 6 • GIS Locations: 210 • Pavement Markings • Stop Bars 3 • Yellow Line Striping 2,549 Ln. ft. • White Line Striping 2,759 Ln. ft. • Parking Lots 0 • Cross Walks 0 • Handicap stalls: 0 • ADA Mats painted 0 • Blue paint 0 • Special Projects: • Street/Stop sign install zone 3: Completed. • Street/Stop sign install zone 4: 5% Completed. • School Radar signs and beacons: 7 of 8 installed (one damaged in shipping). • New Projects: • Main St. Painting Powerline to Airport Dr. Powerline to Easy St.: Completed. • Airport Runway 23 touch up painting: Completed. • Traffic Island Laconia and Roseland : In Progress. • Create Logo's for Sebastian Police Department: In design stage. • M.O.T • Special Events 7 • School Light Issues: 12 • Citizen Request: 16 (14 closed, 2 speed studies in progress) • Work Orders: 29 (28 have been completed, 1 in progress) 53 of 169 7 • Created Signs Breakdown • Street signs : 980 • Regulatory: 65 • Warning: 2 • Guide: 2 • Wayfinding: 0 • Wildlife: 2 • Park: 5 • Aviation: 3 • Miscellaneous: 3 Facilities Maintenance • Maintain City Flags. • Maintain and monitor all lift stations. • Monthly A/C maintenance all City Buildings. • Assist with Splash pad operations. • Daily Monitoring of City Marquees. • Monthly monitoring and supplies AED Stations. • Daily Maintenance and repairs City Buildings. • Monitor Nash Janitorial. • City Backflows: 2021 Backflow re -certifications. • Boat Launch Restrooms: Repaint exterior. • Airport Maintenance Shed: Install new metal roof. • City Buildings: Air Guard protection. • Police Department: Install Daikin Mini Split AC unit PD Server Room. • Police Department: Install 2 Water/ Ice Stations. • Harrison St. Restrooms: Resurface Floors. • City Hall: Replace AC RTU #2. • Maintain City Flags. Cemetery • Began roadway improvements in newly expanded Cemetery area. • Routine Mowing, weed eating and edging. • Burials 10. • Cremains 8. • Quarterly Rain Gauge 8.5 Jan - Mar. • Tim Rose paving of unit 5. • Tim Rose final grade on unit 5. • Irrigation and landscaping of unit 5. Construction Specialist • Police Dept. • Install Ice machine kitchen/dispatch. • Repair lot lighting east gate. • Cemetery • Replace irrigation pump motor. • Airport • Repair hangar A lighting. • Install lighting antenna. • Repair sign Englar Dr. • Stormwater • Replace flow valve deck decking. • Rebuild sign Englar Dr. • Golf Course • Repair water main break. • Parks • Repair work Twin Pier decking. • Repair docks Yacht Club. • Shrimp Festival prep Electrical Tree trimming. • Ball Park install 2 new dug outs. • MISC: Meetings and estimates for coming projects. 54 of 169 8 Fleet Mana eg ment: • The Fleet Management Staff completed 301 repair work orders, 44 preventive maintenance services, 15 service calls and 0 road trips to pick up parts. • In addition to in-house vehicle/equipment work orders, 7 vehicle and equipment repairs were scheduled and completed by outside vendors • Took delivery of the following units: • Side by side Utility Cart. • Completed the prep (lights, rack, graphics, etc.) on the following units: • Same as above. • Completed the sale of equipment: $18,369 in sales for 4 pieces of equipment. • Fuel Cost as of April 2021 is as follows: • $2.23 per gallon of gasoline 165% increase over the past 90 days. • $2.34 per gallon of diesel fuel 85% increase over the past 90 days. LEISURE SERVICES Parks Division • Repair Irrigation lines and fittings for Schumann medians, US 1, Riverview Park, dog park. • Install wind screens at the pickleball courts. • Add dirt to dog parks. • Hauled mulch to the airport for storage. • Prepare for Riverview events. • Add mulch around sign at pickleball courts, Barber St. sports complex, Mains St. docks, sign at yacht club, Riverview Park, sign at Filbe Park, Friendship Park. • Repair fencing around A/C at Barber St. sports complex. • Maintain the area by cutting debris at Bryant Court park. • Install sod at Yacht Club, dog park. • Install an assemble benches at the Barber St. sports complex. • Dig a trench line for the security cameras at Barber St. sports complex. • Install basketball net at Schumann Park. • Repair fence at Kildare park, Riverview, splash pad, Bryant Ct. • Pressure wash sidewalk at Friendship Park, Creative Park. • Install fence around the dumpsters at Barber St. complex. • Install cameras at the skate park at Barber St. sports complex. • Remove old signs. • Install picnic tables at Perwinkle Park, Barber St. sports complex, Schumann Park. • Install bricks at Memorial Park. • Install gates for the dugout on the baseball fields at the Barber St. sports complex. • Install new pump & remove the old ones for the tennis ct. at Friendship Park. • Repaired border around playground at Friendship Park. • Install rocks around clock tower and twin piers at Riverview Park. • Continue maintenance on the baseball and football fields. This would involve mowing, edging weed eating, dragging the fields, insecticic and fertilizing the grass. Recreation Division • Continued city run programs. STORMWATER DEPARTMENT • Road Crossing Pipes: • 40' of 18" HDPE • 40' of 18" HDPE • 80' of 30" HDPE • Removed 6,604 of debris from ditches. • Catch Basin repair: • Jordan & Foster • Crystal Mist • Ocean Cove • George Street • Replaced catch Basin Grates. • 529Inspections: • 431 Passed 81 %. • 98 Failed 19%. 55 of 169 • Citizen Request Line 2021: • January 2021 = 46. Approximately 30 were Stormwater (56%), 14 Roads,( 30%), 3 general questions (06%), 15 other (32%). • February 2021 = 78. Approximately 13 were Stormwater (16%), 15 Roads (19%), 6 general questions (07%), 16 other (20%). • March 2021 = 73. Approximately 30 were Stormwater (41%), 13 Roads (17%), 8 general questions (10%), 13 other (17%). • Citizen Request Line 2020: • January 2020 - 66 Requests: • 30 Stormwater, 1 Outstanding. • 15 Other, 0 Outstanding. • 14 Roads, 0 Outstanding. • 3 Parks, 0 Outstanding. • February 2020 - 69 Request: • 13Stormwater, 0 Outstanding. • 16 Other, 0 Outstanding. • 15 Roads, 0 Outstanding. • 4 Parks, 0 Outstanding. • March 2020 - 60 Requests: • 30 Stormwater, 0 Outstanding. • 13 Other, 0 Outstanding. • 13 Roads, 0 Outstanding. • l Parks, 0 Outstanding. GOLF COURSE • Revenue 20-21 19-20 Difference+/- 2nd Quarter Rev. $503,824 $566,067-$62,243 YTD Tot. Rev. $910,766 $952,470-$41,704 2nd Quarter Rounds 16,398 17,169 -771 YTD Tot. Rds. 27,160 26,978 +182 2nd Q. Green Fee $201,537 $224,297-$22,760 2nd Q. Cart Fee $231,948 $260,786-$28,838 2nd Q. Annual Member $3,048 $7,662-$4,614 YTD Ann. Mem. $113,268 $99,808 +$13,460 2nd Q. USGA Hdcp. $550 $704 -$154 YTD USGA Hdcp. $4,598 $5,192 -$594 2nd Q. Disct. Card $6,870 $6,917 -$47 YTD Disct. Cd. $30,048 $31,777-$1,729 2nd Q. Driving Range $20,843 $19,872 +$971 YTD Dr. Rge. $29,779 $28,641 +$1,138 2nd Q. Club Rental $480 $805 -$325 2nd Q. Club Storage $0 $28 -$28 YTD CR & CS $4,198 $4,644 -$446 2nd Q. Golf Shop Retail $30,360 $37,856-$7,496 YTD Shop Retail $50,496 $59,882-$9,386 2nd Q. PGA Pro Lesson $1,090 $1,410 -$320 YTD Lesson $1,850 $2,090 -$240 1 st Q. Restaurant Rent $7,501 $7,501 $0 YTD Rest. Rent $15,001 $15,001 $0 *2nd Q. Rain amount 2.94" 2.38" +.56" *Data obtained from weather underground.com • Comments: Fairly consistent revenue and round numbers with last fiscal year. March 2021 was a fantastic month which helped pull up most of the 2nd quarter numbers. During January and February, rounds had to be limited due to the golf cart battery issue, which is now resolved. Small decrease in golf shop sales mainly due to numerous club orders being indicated to be on "backorder" for extended period of times. Driving range had a fantastic quarter, bringing -in almost $21,000 in revenue. • Charity, Corporate and special Golf Tournaments for the 2nd quarter included The New Year's Day Scramble Tournament, The Solid Rocket Booster Golf League, The Palm Bay Golf Association, The Sebastian Men's Golf Association President's Cup, The Par 5 Club and The Barefoot Bay Traveling Golf League. • In conjunction with the Indian River Golf Foundation, offered weekly junior golf clinics on Tuesdays and Fridays. Also offered a total of 6 Demo Days programs, which attracts many new, as well as longtime golfers to the golf course. • Replaced all batteries (480 in total) on Club Car golf carts. • All daily leagues, including Wojo's Monday League, Men's and Women's Golf Associations, Sebastian Business League and several other smaller leagues continue to thrive, support and offer consistent return play from many patrons. • Received several compliments on the condition of the golf course with specific emphasis on the condition of the greens and all turf in general. 56 of 169 10 AIRPORT • Painted runway threshold markings on runways 05-23. • Successfully completed annual FDOT airport license inspections. • Routine Maintenance. • Routine RWY light repairs. • Assisted golf course with battery installations. • Pressure washed terminal entrance. • Replaced shade hangar tie down ropes. • Conducted t-hangar inspection. • Installed mini -pc in terminal lobby for virtower. • Replaced primary windsock. • Pressure washed vault building. • Repaired gate 7. BUILDING DEPARTMENT • In the second quarter of this fiscal year, a total of 65 new single-family homes were issued building permits. New single family residence permits have increase dramatically this quarter with a 42% increase. Other permits of significance include 3 new manufactured homes, 0 new commercial buildings, 0 commercial additions, 2 commercial alterations, 0 commercial build outs, 4 residential additions and 126 residential alterations. In all, 1068 building permits were issued in the second quarter. Overall permitting in the second quarter has increased by 18%. • Total number of inspections for the second quarter was 3424 for an average of 57 building inspections per working day. The number of inspections for the second quarter has increased by 19% or additional 11 per inspections per day. • The number of Certificates of Occupancy issued for the second quarter included 49 new single family residences, 0 manufactured homes, 3 commercial certificate of occupancy, 0 commercial temporary certificates of occupancy and 1 commercial certificate of completion. • The following lists the Business Tax Receipt activity for the second quarter: new businesses -27, renewals 47, transfers -5, duplicates 2, home based businesses -27, commercial businesses -42, insurance companies - I and solicitor registrations -50. There were 68 new Contractor registrations. In addition, there have been 62 requests for permit records on properties within the city from lien/title companies. • During the second quarter of this fiscal year the volume of construction activity has increased significantly, very similar to the level we saw in the second quarter of the last fiscal year. The building department continues to look for better ways to interact with our customers. Much of the permit information is being conveyed successfully through a -mails and the building permit system, keeping the in -person traffic at a minimum. Hiring qualified inspectors on a full time basis has proven to be very difficult. There are no applicants for the open inspector position but we have been successful at bringing on two part time as needed retirees that bring a wealth of knowledge and experience and are willing to work in this fashion. One is a fire inspector and plans examiner and the other is an electrical inspector and plans examiner. 57 of 169 ill) L7 SET" . M HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: May 26, 2021 Aqenda Item Title: Agreement between the City of Sebastian and Indian River County School Board for two (2) School Resource Officers, one (1) at Sebastian Elementary and one (1) at Pelican Island Elementary. Recommendation: City Council to approve the Agreement between the City and the Indian River County School Board for two (2) School Resource Officers, one (1) at Sebastian Elementary and one (1) at Pelican Island Elementary. Backqround: The City of Sebastian has proposed an agreement between the City and the Indian River County School Board to provide two (2) School Resource Officers. If Aqenda Item Requires Expenditure of Funds: Budgeted Amount: $62,000 Total Cost: $62,000 Funds to Be Utilized for Appropriation: General Funds Attachments: 1. Agreement Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: c� City Ma74rutorization Date�/s1 / 58 of 169 AGREEMENT BETWEEN THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER (SRO) PROGRAM THIS AGREEMENT, made and entered into by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, (hereinafter referred to as the SCHOOL BOARD), and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY); WITNESSETH: A. The School Board and the City desire to provide law enforcement services to the schools of Indian River County as defined in F.S.S. 1006.12. B. The provisions of F.S.S. 1006.12 require the School Board and School District Superintendent to assign one or more safe -school officers at each school facility within the district. C. It is mutually agreed that a continuation of the School Resource Officer Program is in the best interests of the student population, the School Board, the City, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of one (1) year, with the option to renew the Agreement for an additional one (1) year period upon mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the School Board and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued within the school system of Indian River County, Florida, for twelve months per year. ARTICLE II Rights and Duties of the City The City shall provide School Resource Officers as follows: A. Number of School Resource Officers: The City shall assign one regularly employed SRO to each of the following schools: a. Pelican Island Elementary School 59 of 169 b. Sebastian Elementary School B. Regular Duty Hours of School Resource Officers: The SROs shall be assigned to a school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This includes designated summer school days and hours as mutually agreed upon by the City and School Board. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency or state of emergency, whether local, state or national. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes are: 1. The primary function of the School Resource Office is to serve as a law enforcement officer and ensure the safety and security of students, teachers, staff and other individuals on the campus to which the SRO is assigned. 2. The School Resource Officers shall abide by school board policies and shall consult with and advise the District of any conflicts between their policies and the Cities Standard Operating Procedures (SDP's) through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency in all matters relating to employment. 3. To perform law enforcement functions within the school setting. 4. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 5. To foster a better understanding of the law enforcement function. 6. To develop positive concepts of law enforcement. 7. To provide information about crime prevention. 8. To provide assistance and support for crime victims identified within the school setting, including abused children. 9. To promote positive relations between students and law enforcement officers. 10. To enhance knowledge of the fundamental concepts and structure of law. 2 60 of 169 11. Consistent with the provisions of F.S.S. 1006.07, the SRO shall participate in hostage and active assailant situation drills as often as other emergency drills as required by Florida law in consultation with the School District and School Administration staff. 12. Consistent with the provisions of F.S.S. 1006.07, the SRO shall be a member of the Threat Assessment Team at the school to which the SRO is assigned and shall meet regularly with the School Threat Assessment Team in a proactive manner to consider behavioral indicators of individuals who may pose a threat to the safety and well-being of students, faculty and staff. 13. When requested by the principal or his/her designee, the SRO may attend any school -related activity (i.e., faculty, parent meetings, special functions, etc.). The duty must be approved by the unit supervisor, if it is overtime, the cost of the overtime shall be borne by the District where appropriate. 14. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics as accepted and defined in State laws and professional standards. City acknowledges and agrees that it will not disclose confidential student information to any other person or entity, and will only use the confidential student information for the purposes of this Agreement and for no other purpose unless otherwise required by State and Federal law. Upon the completion of the non -law enforcement SRO services, City shall return to School Board all original and any copies of the confidential student information, and shall not retain any confidential student information. As City will be receiving student information that is otherwise confidential, City shall fully comply with the requirements of § 1002.22 and § 1002.221, Florida Statutes, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by law. Further, notwithstanding any other provision in this Agreement to the contrary, City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the School Board and its officers and employees harmless for the City's own negligence, including, but not limited to defending the School Board and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the School Board, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon the School Board arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, , or a negligent violation of § 1002.22 or § 1002.221, Florida Statutes that is not permissible by law. This provision shall survive the termination of or completion of all obligations under this Agreement and shall be fully 3 61 of 169 binding upon City until such time as any proceeding which may be brought on account of this provision is barred by any applicable statute of limitations. 15. The SRO shall become familiar with all community agencies, which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies, when necessary and appropriate in their sole discretion, thereby acting as a resource person to the students, faculty, and staff of the school. The discretion regarding the method of reporting of an event is the sole discretion of the Officer and the requirements of all State and Federal laws as amended from time to time. 16. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimize dangerous situations, which may result from student unrest and emergency situations. 17. Should it become necessary to conduct formal law enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes, and Federal law. 18. The SRO shall take law enforcement action as required. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. The SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions following the City's SOPS in place. 19. The primary function of the SRO is a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State's Attorney, etc.). 20. The SRO will submit reports and statistical data, as necessary, to include police department generated reports, to include an Agency Case Number, regarding any on -campus incidents for which an SRO or other police officer prepares reports and documents as allowed by State law. 21. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee shall consult with the SRO to determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. 4 62 of 169 22. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 23. The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be worn with the approval of the unit supervisor. 24. All law infractions will be reported to the school's resource officer by all school personnel. 25. The SRO will be involved in summer activity to include, but not be limited to, juvenile case management, gang resistance education training, cyber-safety training, school safety, participation in the Explorer program, and participation in relevant summer camps. D. The City and each SRO shall only use the information made accessible to him or her by the School Board in furtherance of this Agreement, and only for the purposes for which the disclosure was made or as may otherwise be required by law. The City acknowledges and agrees that each SRO will have access to Personally Identifiable Information and Education Records pursuant to section 1002.221, Florida Statutes, 20 U.S.C. 1232g, and the federal regulations issued thereto, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. ARTICLE III Rights and Duties of the School Board The School Board shall provide to the full-time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's or designee's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. 1. Air conditioning. 2. Computer with Internet access and VPN, or other connection type, required to connect to the City's network and access software programs and network resources. 3. Desk and chair. 4. 4-drawer legal locking file cabinet. 5. 6-shelf book shelf. 5 63 of 169 6. 2 visitor chairs for counseling and interviews. 7. 1 work table. 8. Office supplies as requested. 9. Phone with local and long distance calling capability. 10. School District email address. 11. 1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SROs be able to communicate with school personnel on their radio frequencies. If the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. ARTICLE IV Financing of the School Resource Officer Program A. The School Board and the City agree to share in the overall costs associated with the School Resource Officer Program. The School Board agrees to provide for 50% of the salaries and benefits of the SROs. Notwithstanding the foregoing, the amount funded by the City for the overall costs of the School Resource Officer Program will be negotiated each year of this Agreement. This does not affect or guide any negotiations the City has regarding its Collective Bargaining unit and those negotiations shall have precedence. B. Any vehicle or equipment leased, rented, or donated to the City for use in the SRO Program shall become an asset of the City and; therefore, will be subject to City rules, regulations, and policy governing use. C. The City in its sole discretion shall provide the appropriate vehicle and equipment to conduct the duties of the SRO. ARTICLE V Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the School Board. The School Board and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VI Appointment and Training of School Resource Officers 6 64 of 169 A. Appointment of School Resource Officers will be made solely by the City in accordance with City's policy. B. School Resource Officers will receive training in the following schools: 1. Basic SRO Program. 2. Crisis Intervention Training (CIT). 3. The Indian River County School District should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference or other SRO Training Programs. If such funding is not available, the expense incurred will be mutually agreed upon by the two entities providing the budget appropriations are available (lodging, food, registration and travel). Expenses to the District shall not exceed a total of $1,000.00 annually for this conference. ARTICLE VII Dismissal of School Resource Officer; Replacement A. In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsibilities, as outlined in F.S.S.1006.12, the principal shall recommend to the Superintendent who may recommend to the Chief of Police, or designee, that the SRO be removed and shall state the reasons in writing. 1. Upon receipt of such recommendation from the Superintendent or designee, the Chief of Police and the Superintendent, or their designees shall meet with the SRO and his immediate supervisors to mediate or resolve any problems, which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. 2. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO shall be removed from the program at the school and a replacement shall be obtained at the sole discretion of the City through consultation with the District. 3. In the event mediation is not sought by the Chief of Police, then the SRO shall be removed from the program at the school and a replacement shall be obtained. B. The City may dismiss or reassign an SRO based upon the City's rules and regulations. 7 65 of 169 C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of long-term absences by a SRO, the City will provide a temporary or permanent SRO. ARTICLE VIII SRO Schedule A. SROs will be assigned to each school designated in Article Il from the beginning of the school year to the end of the school year. B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the unit supervisor, if it is overtime. C. When extra -duty details are required by the School Board, the parties shall ensure that the details are first filled by SROs. If a sufficient number of SROs are unavailable or, if the need for extra -duty officers exceeds the number of SROs, then other police officers shall be authorized to work the detail. D. SROs shall also be present for summer school programs as mutually agreed upon by the City and the Superintendent or their designees. ARTICLE IX IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SCHOOL BOARD'S CUSTODIAN OF RECORDS: Sara Milliman, 772-564-3074, Sara.Milliman@indianriverschools.org, 6500 57th Street, Vero Beach, Florida 32967. 1. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The City and the School Board acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 2. The City and the School Board shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the School Board in order to perform the scope of services. 3. Upon request by the City or the School Board, either party shall provide a copy of any and all requested public records or allow the requested public records to be inspected or copied, within a reasonable time, at a cost that does not exceed the cost allowed by law. 4. The City and the School Board shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the Agreement term and following completion of the Agreement if the City does not transfer the public records to the 8 66 of 169 School Board as indicated below. 5. The City and the School Board shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the School Board to perform the scope of services. Upon request by the City or School Board, all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or School Board. 6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with this requirement shall result in the immediate termination of the Agreement, without penalty to the City or the School Board. Further, the City and School Board shall mutually and fully indemnify and hold harmless each other, their officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the City's or School Board's failure to comply with the requirements of Chapter 119, Florida Statutes. ARTICLE X Termination of Agreement This Agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement, but subject to applicable law. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation will be made to the City for all services performed to the date of termination. The School Board shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XI Hold Harmless Agreement To the limits and extent set forth in section 768.28, Florida Statutes, and without waiving or increasing the limits and protections of sovereign immunity as set forth in section 768.28, Florida Statutes, the City agrees to defend, indemnify, and hold the School Board, its employees, and agents harmless against any and all claims, liabilities, losses, damage, or causes of action which may arise from any negligent act of the City, its agents, or officers in connection with the performance by the SROs of law enforcement duties. ARTICLE XII Good Faith The School Board, the City, their agents, and their employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent's Office and the Chief of Police's Office. 9 67 of 169 ARTICLE XIII Modification This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged. ARTICLE XIV Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment unless the express written consent of the School Board and the City is obtained. ARTICLE XV Sovereign Immunity No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes, or any other governmental immunity by any entity or individual to which sovereign immunity may be applicable. ARTICLE XVI Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. ARTICLE XVII Gun Safes A. The City has provided two (2) gun safes for the schools being served by the Parties' SRO program. Said gun safes will or have been permanently installed in the designated office at each school for the assigned School Resource Officer, which offices are provided pursuant to the terms of the SRO Program Agreement. The make/model of the gun safes shall be selected by the City. B. Access to all SRO offices with gun safes will be primarily limited to the school Principal and assigned SRO, all of whom will have a key to these SRO offices for emergency and facility maintenance purposes. The school Principal has the discretion to allow access to these SRO offices for other school staff, including maintenance to address building maintenance needs. Custodial staff will not have access to these SRO offices. Rather, the assigned SRO will be responsible for depositing trash from the SRO office in a receptacle in the school. Each SRO office will have a lock as selected by School Board to limit access to said office. C. City, in cooperation with School Board maintenance staff, will be responsible for properly installing said gun safes in SRO offices as needed. City is responsible for maintaining the gun safes and for ensuring that said gun safes are in proper working order at all times, 10 68 of 169 including all costs associated with said maintenance. School Board has no responsibility to maintain said gun safes. D. City shall have the sole and exclusive responsibility for ensuring that all items stored in the gun safes are properly stored, that the gun safes are properly locked, and bears sole and exclusive responsibility for any and all claims which may arise from the improper storage of guns, rifles, other weapons, tools, and/or ammunition in said gun safes. City further agrees to bear the risk of loss in the event that any stored items are removed, taken, or stolen from the gun safes, and will not seek to hold School Board or its employees financially responsible for any risk of loss of any stored items. In the event of a state of emergency, items may be stored in the gun safe overnight while the School Board buildings are being used as emergency shelters. E. No guns, rifles, other weapons and/or ammunition will be stored in these gun safes in School Board buildings overnight. Each morning, the assigned SRO will carry the guns, rifles, other weapons and/or ammunition for use during the school day in a City -approved carrying case and will remove these items from School Board buildings at the conclusion of each school day using their City -approved carrying case. F. The gun safes shall be wholly owned by City at all times, and upon termination of this Agreement for any reason, City shall promptly remove all gun safes from School Board buildings. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. Signed, sealed, and delivered THE SCHOOL BOARD OF INDIAN in the presence of RIVER COUNTY, FLORIDA By: Witness Brian M. Barefoot, Chairman Attest: Date Dr. David Moore, Superintendent Date CITY COUNCIL OF THE CITY OF SEBASTIAN Witness Ed Dodd, Mayor Date Date 11 69 of 169 anar 5ERASPAN ROME OF PELICAN BLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 26, 2021 Title & Recommendation: Authorization for the City Manager to Execute the State Highway Lighting, Maintenance, and Compensation Agreement. Backqround: The Florida Department of Transportation (FDOT) has requested a new Compensation Agreement for the maintenance and operation of lighting on the State Highway System within the City. This mirrors what is currently being done with this arrangement, whereby the City receives these payments and the City is charged by Indian River County for the work that they perform. FDOT wants this executed and returned to them prior to May 31, 2021. Staff recommends approval. If Aaenda Item Reauires iExnenditure of Funds: Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. State Highway, Lighting, Maintenance and Compensation Agreement Administrative Services Department Review: '� l City Attorney Review: Procurement Division Review, if applicable:�- City Manager Authorization: Date: 70 of 169 Kenneth Killvore From: Sosa, Oscar <Oscar.Sosa@dot.state.fl.us> Sent: Thursday, May 20, 2021 12:17 AM To: Kenneth Killgore Cc: Morris, Dean; Egoavil, Antonieta Subject: FY 21/22 new lighting agreement Attachments: ASM73- City of Sebastian.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning, The Department is currently updating the highway lighting maintenance agreements for consistency of verbiage and compensation throughout the state. Please review the enclosed (or attached) agreement and route it through your organization as required. If your agency requires a formal Resolution we will need it and the contact information for someone in binding authority (Name, Title & email address) to execute the new agreement prior to May 31, 2021. A Letter of Authorization for July 1, 2021 will be issued to you following the execution of the agreement. Thank you for your attention to this matter Oscar Daniel Sosa District Maintenance Systems Administrator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL, 33309 Office: 954-777-4203 Cell: 954-395-4342 Email: Oscar. Sosa(a, dot. state.fl. us FDOT 71 of 169 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.020.52 STATE HIGHWAY LIGHTING, MAINTENANCE AND MAINTENANCE � OGC — 02/21 COMPENSATION AGREEMENT Pages of CONTRACT NO. ASM73 ........... FINANCIAL PROJECT NO. 405122-2-78-10 F.E.I.D. NO. THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT", and Citv of Sebastian, hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement; WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as "Facilities", are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the Facilities is included as Exhibit A, attached hereto and incorporated herein. WHEREAS, the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A during the FDOT's fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT's final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT's fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year's Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT's previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT's fiscal year, beginning July 1st and ending June 30th. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. 72 of 169 375-020-52 MAINTENANCE OGC — 02/21 Page 2 of 8 C. All maintenance must be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY's obligation to maintain the Facility commences upon the MAINTAINING AGENCY's receipt of notification from FDOT that FDOT has formally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power commences at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY is not required to perform any activities which are the responsibilities of FDOT's contractor. Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections prior to acceptance so long as the modifications/corrections comply with the installation contract documents and specifications. e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2) fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. The effective date of the termination will coincide with the end of the FDOT's fiscal year of June 30th following the two-year notice. The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements. Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that separate maintenance agreement. 2. Compensation and Payment FDOT shall pay to the MAINTAINING AGENCY a sum of $ $14.527.70 for the fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A. Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the actions required by this paragraph may result in nonpayment by FDOT. FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the MAINTAINING AGENCY's authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for all attorneys' fees and litigation costs incurred in its recovery activities. 73 of 169 375-020-52 MAINTENANCE OGC — 02/21 Page 3 of 8 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic format approved by FDOT. Records shall be maintained and made available upon request to FDOT during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in order to be processed for payment by June 30. Upon receipt, FDOT has five (5) working days to inspect and approve the goods and services. FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following options, provided that at no time may FDOT be entitled to receive double recovery of damages: Pursue a claim for damages suffered by FDOT or the public. Pursue any other remedies legally available. C. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from FDOT of the non-performance; provided, however, that advance notice and cure will not be preconditions in the event of an emergency. 74 of 169 375-020-52 MAINTENANCE OGC — 02121 Page 4 of 8 6. Force Majeure Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. Miscellaneous a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by FDOT. C. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting and/or lighting systems for the Facilities identified in Exhibit A. d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable are severable and will not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, electronic mail, or express mail and will be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent to the following addresses: MAINTAINING AGENCY: FDOT: Florida Department of Transportation, District IV District Maintenance Office 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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. 75 of 169 375-020-52 MAINTENANCE OGC — 02/21 Page 5 of 8 By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. For contracts involving $1,000,000 or more, if the Department determines the Maintaining Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department's determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. Nothing herein shall be construed as a waiver of either party's sovereign immunity. MAINTAINING AGENCY: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Maintaining Agency does not transfer the records to FDOT 4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession of the Consultant or keep and maintain public records required by FDOT to perform the service. If the Consultant transfers all public records to FDOT upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to FDOT, upon request from FDOT's custodian of public records, in a format that is compatible with the information technology systems of FDOT 5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by FDOT 76 of 169 375-020.52 MAINTENANCE OGC — 02121 Page 6 of 8 IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAINTAINING AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 863-519-2623 Dlprcustodian - dot.state.fl.us Florida Department of Transportation District 1— Office of General Counsel 801 N. Broadway Bartow, FL 33830 District 2 386-758-3727 D2prcustodianndot.state.fl.us Florida Department of Transportation District 2 - Office of General Counsel 1109 South Marion Avenue, MS 2009 Lake City, FL 32025 District 3 850-330-1391 1313prcustodian(ti dot.state.fl.us Florida Department of Transportation District 3 - Office of General Counsel 1074 Highway 90 East Chipley, FL 32428 District 4 954-777-4529 1)14prcustodian(a-:? dot.state.fl.us Florida Department of Transportation District 4 — Office of General Counsel 3400 West Commercial Blvd. Fort Lauderdale, FL 33309 District 5 386-943-5000 >prcustodian(-a'� dot.state.fl.us Florida Department of Transportation District 5 — Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720 District 6 305-470-5453 D6prcustodian(a,dot.state.fl.us Florida Department of Transportation District 6 — Office of General Counsel 1000 NW 111 Avenue Miami, FL 33172-5800 District 7 813-975-6491 -)71)rcustodian(a-) dot.state.fl.us Florida Department of Transportation District 7 - Office of General Counsel 11201 N. McKinley Drive, MS 7-120 Tampa, FL 33612 Florida's Turnpike Enterprise 407-264-3170 TPprcustodian�;dot.state.fl.us Turnpike Enterprise Chief Counsel Florida Turnpike — Office of General Counsel Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 Central Office 850-414-5355 C `lprcustodian(d, dot.state.fl.us Office of the General Counsel Florida Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 77 of 169 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52 STATE HIGHWAY LIGHTING MAINTENANCE AND MAINTENANCE > > OGC — 02l21 COMPENSATION AGREEMENT Page 7of8 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes to Form Document' and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes to Form Document." You MUST signify by selecting one of the applicable options: ❑ No changes have been made to this Forms Document and no Appendix entitled "Changes to Form Document' is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) (Printed Name: ) Date: (Printed Title: ) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Printed Name: Paul A. Lamplev. P.E. ) Date: (Printed Title: Director of Transportation Operations FDOT Legal Review BY: (Signature) Counsel (Printed Name: Dawn Raduano Date: 78 of 169 375-020-52 MAINTENANCE OGC - 02121 Page 8 of 8 Exhibit A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT For Fiscal Year 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the services described in this Agreement and method by which payments will be made. 2.0 FACILITIES The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY: 1. attached Spreadsheet 2. 3. 4. 5. 6. 3.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for satisfactory completion of service. The per -light unit rate shall increase by 3% each fiscal year. E.g., the per -light unit rate of $309.10 in fiscal year 2022 shall increase to $318.37 in fiscal year 2023. Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights into the table below and multiplying by the unit rate and _%. Example: 330 (lights) x $ (unit rate) x 0.90 (90% requirement) = $ 0.00 Type of Light # of lights LED or HPS Unit rate 1.00% Total High Mast HPS 309.10 1.00 0.00 Standard 47 HPS 309.10 1.00 14527.70 Underdeck HPS 309.10 1.00 0.00 f Sian HPS 309.10 1.00 0.00 High Mast LED 309.10 1.00 0.00 ] Standard LED 309.10 1.00 0.00 j Underdeck LED 309.10 1.00 0.00 i Sign LED 309.10 1.00 0.00 79 of 169 ci Y CY SEEAST-!,A IN HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: May 26, 2021 Agenda Item TRW Craft Club of Sebastian Recommendation: Approve 2021/2022 dates for the Craft Club of Sebastian shows at Riverview Park Backqround: Requested dates are from 10:00am until 3:00pm. The Craft Club agrees to be respectful of any planned Veterans Memorial events that are scheduled for the same day. Rain dates are on the Sunday following the scheduled shows or an alternate specified date. October 9, 2021 November 13 and 14, 2021 December 11, 2021 January 8, 2022 February 12, 2022 March 12 and 13, 2022 April 9, 2022 May 14, 2022 If Agenda Item Requires Expenditure of Funds: Budgeted Amount. - Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Letter of Request from Craft Club of Sebastian 2. Park Use Permit Application 3. List of Dates Requested 4. Certificate of Liability Insurance 5. Consumers Certificate of Tax Exemption Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization Date: NIA NIA NIA 80 of 169 Craft Club of Sebastian, Inc Marie E Ferraro, President 6279 N Mirror Lake Dr Sebastian, Florida 32958 ccs.marie.ferraro@amail.com www.sebastiancraftclub.com May 15, 2021 TO: City of Sebastian From: Marie E Ferraro, President Craft Club of Sebastian 6279 N. Mirror Lake Dr Sebastian, FL 32958 This letter is to request the use of Riverview Park for our Craft Show for the year 2020-2021. We are continually grateful for your permission to use the park so that our Mission/Purpose to make and sell hand -made crafts can contribute to the Community of Sebastian and to raise funds to donate to local charities. We hope that this request will be heard and approved by the City Council. Respectfully submitted Marie E Ferraro President NB: All required paperwork has been submitted. 81 of 169 C7[Y01 �T AN .. HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *'For emergency purposes ONLY, please dial 772.473.0454* NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS, ORD. 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appropriate box(es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees} $100 Security Depa5it - $100 rent plus 6.5% tax • $106.50 $200 Security Deposit - $200 rent plus 6.5% tax - $213.00 Will event require road closures `Must provide detailed site plan with application. *` *If requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval, .r r Date: D ! Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 01" L_"�'_ Physical A{ddress Mailing Address if Different -�7� baS yI 0-� r L y 3 o17fl.1,+37 ClCS• (n 6r,e, 4,e✓e,y-0 nr City State Zip Phone p E-Mail Cool Iteq�uesited Date(s) Rain Dated applicable) U 10 /gym '3 r,'n Time From -To Anticipated Number of Attendees Reason for"Rental - Type of Function Will there be ny sale of goods? Yes_ No (If yes, please describe type of goods on back) Will there bod or other vendors? Yes ✓ No IT yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled an back. (May require Health Dept. or Fire Dept. permit) 1, 1 r QYe C 4:;—;rf0,rV , the undersigned, acknowtedge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general riles prescribed by the City and agr a to the {erms thereof. Signature of Applicant ` Special Event/Park Use Application Rev 01.2021 82 of 169 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information on this page NAME ADDRESS TYPE Se P I OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: Special Event/Park Use Application Rev 01,2021 83 of 169 CITY Or SFID-A-STIAN t3oMt: of pLt-tCAtu rsuwo PERMIT TECH. 01JUANG nEr<aeT." T ru�ertncnrioxoTnc'T PERMIT NO. 135 ALMN ST1{1:ET • Sl:3.U1 L1 N, 1'LUlunh =•7.R5 MrFW!it'.[7721 -`� SSi� 1'.5% IT�it 6F9 2t(a. SPECIAL EVENT / PARK USE ONLY Application date 4� •o�,[?� Name of event:cxo_�t Organization holding event 0- Address location for event: 4), t P (if not owner of site, provide written consent from property owner) Daft(s) of event:.' e Q Time(s) of Event: from: Ion to: WA Contact person(s): --".v- < i . _ r r Ck," Phoneys): Contact e-mail address: ,t. C (la, t r7t[/'p ��� C C7 Wi Data when ready for inspection: I (� . et Time: ?Z yY\ APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURU OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE ANY TENTS LARGER THAN 1ZX12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAIRE 1. Location of cooking shown on attached sketch? YES ✓ N/A 2. Is any cooking taking place under a tent? If yes, Explain: I ' d (No deep frying permitted under a tent) 3. Describe Number, type and size of cookers n/ / A 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) SPECIAL EVENT SITE INFORMATION L Number of On•Site parking stalls utilized (provide a parking plan)7f6�,P �C.I A— 2- Is Off -Site or overflow parking available? Explain (provide agreements with property owners) 84 of 169 1. Number, type and location of proposed restroom facilities: � � l LAJ PM 2 rX iM s I 6l 7 Z. Number and Type of temporary structure(s): W o Size(s): 3. Temporary electric power? Please check: Yes No ✓ Provided By: Portable Generator Other If Other, please describe: 4. Providing crowd control, security, or parking assistance? Yes No ✓ If yes, please describe: S. Estimated attendance at peak time: e? S 0 Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold in the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found in non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violation(s). 1 HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPLICANT'S SIGNATURE: PRINTED NAME: M R r, /o�✓� Approved: Denied: y: Date: Approved: Denied: By: City Managees Signature Fire Marshars Signature _Fire Safety Specialty Fees Small SDecial Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 Reoccurring SDecial Event: Non-consecutive but reoccurring one day Special Event One Day / < 25 sites / May include cooking or temp, electric / Max tent size 12x12 Good for 120 days / Up to 6 per year (may be extended with proper notice) Large SDecial Event: All other Special Events Date: NO FEE $60.00 (per event depending on # of inspections) •' ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE " $60.00 (per event) 85 of 169 CITY OF S]Fj3_ASTjAkN IIOhiE OF PELICAN ISLAND DwLDING DEPA RTME1 T FnU:: rH1:VCN1tON QMCL 1225 MUT IN TAN. {, OA :2 5a TEUTHONL; J7721 5994537 FAX 77?-9-2c,6 VENDORS ENDORS CHECKLIST SPECIAL, EVENT VENDOR REOUIREIMENTS General: Please read carefully 1 initial each section and sign at the bottom. All vendors shall be responsible for the following items: SPECIAL EVENT NAME: DATE(S) OF EVENT n Owl aLiac EVENT OORDINATOR: Iq r, e— -�f- r rcct TENTS: All tents shall have some type of Flame Retardant or 'Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must be spaced a p�inimum of 4 ft. apart. No smoking allowed in any lent. /COOKING TENTS: Tents are allowed to have cooking (APPROVED APPLIANCES) along the outer edges of the tent. LP gas tanks must be secured in place (max cap 20lb5.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. A1�400king vendors shall have a 10ft. separation from all other pan -cooking vendors. NO DEEP FRYING UNDER TENTS. FIRE EXTINGUISHERS: It is recommended that every vendor have an extinguisher. At least one currently certified and tagged, or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking andlor using generators are required to have at least one 5lb ABC currently certified and tagged, or within one year of manufacture date, (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently tagged Class K extinguisher, SEATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a yinimum of 3ft. wide walkways to afl exits in the tent. Tents with /an occupant load of over 49 require a minimum of 2 exits. LARGE TENTS: For tents, 20x20 or larger where enclosures are used {sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMpKING signs, OPEN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any tent or simiiar VENDORNAME:c��v� VENDOR CONTACT: r (q Y 1 enclosure unless prior approval from the Fire Prevention Office is obtained. SPECIAL EVENT PERMIT No. STORAGE: Use or handling of flammable liquids or gases shalt be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. FLOORIDECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre -approved flame retardant treated materials or livestock beddinglfodder. GENERATORS: Generators shall be on level ground, secured, YY �� and safely arranged and isolated from the occupantslgeneral public. Exhaust shall be directed away from combustible materlal(s), people and/or animals. Spare fuel shall be stored in n approved container at a safe distance from the generator 0 HOT FUELING. Fire extinguisher required. ELECTRIC: wiring and lighting shail be free of damage All electrical equipment shall be isolated from the occupants/general public in a safe manner. All electrical connections and devices shall be in approved enclosures. COOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and extinguishment/suppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC), NFPA NFPA 96, NFPA 70. NFPA 101, 8 NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open and/or operate until compliance is made. I have read and understand the above vendor requirements for this Special Event Res nsibie Party iCh ge ofSpecial Event i• • •ej Craft Club of Sebastian Proposed Dates for 2021-2022 Season TIME: 10 AM — 3 PM For Approval by City of Sebastian As usual we would like the 2"d Saturday of the month from October through May We intended to go ahead with show unless the Pandemic restrictions prevents us from doing so. October 9, 2021 November 13,2021 & November 14, 2021 December 11, 2021 January 8, 2022 February 12, 2022 March 12 & 13, 2022 April 9, 2022 May 14, 2022 Craft Club Insurance May 15, 2021 INSURANCE BINDER Insurance Binder for the Craft Club of Sebastian will be forwarded by the insurance company FOOD TRUCK Food truck information will be forwarded as soon as food truck vendors have been selected. We hope to do this by August V. Marie E Ferraro 89 of 169 DR-14 Consumer's Certificate of Exemption j R. 01/1$ NJ Issued Pursuant to Chapter 212, Florida Statutes FLORIDA 1 85-80180522880-3 Certificate Number This certifies that CRAFT CLUB OF SEBASTIAN, INC 6279 N MIRROR LAKE DR SEBASTIAN FL 32958-8438 05/01 /2020 05/31 /2025 Effective Date Expiration Date 501(C)(3) ORGANIZATION Exemption Category is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. RR-14 Important Information for Exempt Organizations R.01118 FLORIDA You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2, Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. (`tote: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FI_ 32314-6480. 90 of 169 M 1, SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: May 26, 2021 Aaenda Item Title: Loren Jock Trucking WORK SERVICE AGREEMENT Bid #21-07 TAXILANE/SITEWORK FOR FUTURE HANGAR DEVELOPMENT & TAXIWAY'A' REPAIRS. Recommendation: Awarding of Work Service Agreement in favor of Loren Jock Trucking for the total amount of $682,201.22 for the construction of a Taxi lane, Site work improvements for future hangar development and the repair of Taxiway - Alpha; further, authorize City Manager to execute the appropriate documents. Backaround: On April 4, 2021 the City advertised Bid #21-07 representing the combining of two (2) construction work projects at Sebastian Municipal Airport. These include construction of a taxi lane, site development for future hangar development, and the repair of a distressed section belonging to Taxiway - Alpha. Combining the projects under a single construction bid saves the city money. Loren Jock Trucking, Inc. was the lowest qualified bidder amongst the 5 bids that were received at the bid opening on May 3, 2021. If Aaenda Item Reauires Exnenditure of Funds: Total Budgeted Amount: $682,201.22 Bid Schedule 1: $463,838.27 <Taxi Lane and Taxiway -Alpha Repairs (Ref: FM445871-1) Bid Schedule 2: $218,362.95 <Hangar Site Development (Ref: FM445948-1) Source of Funds: FAA: $417,454.45 (90% of Schedule-1) FDOT: $197,882.27 (5% of Schedule-1, plus 80% of Schedule-2) CITY: $ 66,864.50 (5% of Schedule-1, plus 20% of Schedule-2) < Discretionary Sales Taxes Attachments: 1. Work Services Agreement in favor of Loren Jock Trucking, Inc. 2. Exhibit -A Project Manual httos://weblink.citvofsebastian.oroA(VebLink/DocView.asox?id=239814&d bid=0&repo=City 3. Exhibit-B Construction Plans httos://we b l i nk.citvofsebastian.oraNVebL i n k/DocV iew. as ox? id=239815&d b id=0&repo=City 4. Bid Schedule #1 5. Bid Schedule #2 6. Bid Tabulation Administrative Services DXiew,,/ t Rev' c �-. ✓� MJ City Attorney Review: 0 �lProcurement Division Re able: ;l City Manager Authorization: Date: . �—Arlxlr The following contract rep/aces Pages g2-96 of the agenda backup. WORK SERVICES AGREEMENT ITB 21-07 TAXILANEISITEWORK FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY'A' REPAIRS at Sebastian Municipal Airport AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Loren Jock Trucking, Inc. 2. Designated Contact Person as to City: 3. Designated Contact Person as to Prime Contractor: Scott Baker (PROJECT MANAGER) Bill Gore (PROJECT MANAGER) Airport Director Loren Jock Trucking, Inc. 1225 Main Street 4140 SE Robert Loon Road Sebastian, Florida 32958 Stuart. FL 34997 Phone: 772-388-8113 Cell: 772-633-0897 Cell: 941-725-4088 Email: rbaker@cityofsebastian.org Email: 4. Guaranteed Maximum Price (GMP). The Prime Contractors GMP for the Work is Four Hundred Sixty Three Thousand, Eight Hundred Thirty Eight dollars and Twenty Seven cents ($463,838.27) for Schedule-1 of the project (Reference FM445871-11; and Two Hundred Eighteen Thousand, Three Hundred Sixty Two dollars and Ninety five cents ($218,362.95) for Schedule-2 of the project (Reference FM445948-1): Together totaling Six Hundred Eighty Two Thousand, Two Hundred One dollars and Twenty Two cents ($682,201.22) for both areas of the project. This price is for the performance of the Work in accordance with the Agreement Documents listed in the PROJECT MANUAL (EXHIBIT'A') and CONSTRUCTION PLANS (EXHIBIT'B') S. Project Time. Prime Contractor shall achieve Substantial Completion of the Work and issue Certification of Occupancy no later than 100 calendar days following the issuance of a Notice to Proceed. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Document. • Exhibit "A" — PROJECT MANUAL FOR TAXILANEISITEWORK FOR FUTURE HANGAR DEVELOPMENT & TAXIWAY 'A' REPAIRS, as included in the Original Bid Package with Addendums 1 &2. • Exhibit "B" — CONSTRUCTION PLANS FOR TAXILANEISITEWORK FOR FUTURE HANGAR DEVELOPMENT & TAXIWAY'A' REPAIRS. • Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP. Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP), Purchase Order(s), Contract Amendments and Change Order(s). 7. Liquidated Damages. If the Prime Contractor fails to achieve Substantial Completion of the Work within the Contract Time listed above in Paragraph #5, the City shall be entitled to retain or recover, as liquidated damages and not as a penalty, the sum of $1.690.00 nor calendar day. Liquidated Damages will be sought starting on the first day following expiration o the Contract and continuing until the actual date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the Prime Contractor under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Prime Contractor shall be payable to the City at the demand of the City, together with interest from the date of the demand at the maximum allowable rate. 8. City Funds. If sufficient funding is not available for Prime Contractor to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Prime Contractor's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. Page 1 of 5 9. Project Team. Prime Contractor will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Prime Contractor shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 10. City's Project Manager. City shall designate a Project Manager. All Work done by the Prime 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 Agreement on the part of the Prime 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. 11. Schedules, Reports and Records. Prime Contractor shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to insngct and audit Prime Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Prime Contractor, as they relate to the Agreement, shall be retained by Prime Contractor for a period of three (3) years from the date of final payment under the Agreement. 12. Prime Contractor Initiated Changes. If the Prime Contractor initiates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, Prime Contractor shall be liable for the expense thereof, and any incidental extra work created by the change. 13. Termination for Convenience. Upon ten (10) days' written notice to Prime Contractor, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, City will be responsible for compensating Prime Contractor only for the Work satisfactorily completed or partially completed up to the date of termination. Prime Contractor shall not be entitled to compensation for loss of anticipated profit. 14. Insurance. During the term of the Agreement, Prime Contractor, at its sole expense, shall obtain and maintain 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 Prime Contractor. Prime Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Prime Contractor's responsibility to ensure that the City has current Cerlificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 15.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these covemge'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 Prime Contractor against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members. officers. emplovees and agents. An amount not less than: ' $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Commercial General Completed Operations; and Personal & Advertising Injury Liability $50,000 Fire Damage Limit $5,000 Medical Expense Limit Professional Liability An amount not less than: (Errors & Omissions) $500,000 Each Occurrence, covering any damages caused by an error, omission or any negligent acts. An amount not less than: Automobile Liability . $1,000,000 Each Occurrence & Combined Single Limit $5.000 Medical Ervparise Limit In accordance with Florida Statutes 440, maintain worker's compensation Worker's insurance to the extent required by law for all their employees to be engaged in Compensation work under this contract. 16 Payments. Page 2 of 5 16.1 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 requestlinvoice is recorded as received by City, for Work completed to the satisfaction of City. 16.2 Payment Requests/invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. Req❑uests for @dvmentlinvoices shall saturate accounting, according to Schedule #1 referencina FM445671-0: or Schedule #2 referencina FM 44594l 16.3 All eoues((ss fppr Davin nthnvoices shall be separated Der section 16.2 and submitted in sufficient detail to rlemonsirate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Prime Contractor's payment requestlinvoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment requestlinvoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 16.4 Progress Payments. 16.4.1 1s' Application for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, Prime Contractor shall submit to City, for its review and approval: (1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. 16.4.2 Monthly Applications for Payment. Prime Contractor Firm shall submit three (3) copies of each of its Applications for Payment to the City on or before the 25th day of each month for workperformed durino the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) Return the Application for Payment to the Prime Contractor indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Prime Contractor may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to Prime Contractor Firm shall in no way imply approval or acceptance of Prime Contractor Firms work. 16.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment request. Such sum shall be accumulated and not released to Prime Contractor until final payment is due. Any interim interest on such sums shall accrue to City. Due to circumstances beyond the Prime Contractors control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Prime Contractor upon receiving a cert'fiicate of substantial completion and approval from the Architect/Engineer. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. 16.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise Page 3 of 5 due the Prime Contractor under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Prime Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; (a) reasonable indication that the Work will not be Prime Contractor; or (g) any other material breach of the Contract Documents. If these conditions are not remedied or removed, City may, after three (3) days written notice, rectify the same at Prime Contractor's expense. City also may offset against any sums due Prime Contractor the amount of any liquidated or un-liquidated obligations of Prime Contractor to City, whether relating to or arising out of this Agreement. 16.4.5 Final Payment. City shall make final payment to Prime Contractor within thirty (30) calendar days after the Work is inspected and accepted by City in accordance with Section 10 herein provided. Prime Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Prime Contractor against City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to enforce any obligations of Prime Contractor's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 17 Public Records: Prime 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, Prime 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. Prime 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 Prime Contractor does not transfer the records to the City. Upon completion of the Agreement, Prime Contractor will transfer, at no cost, to the City all public records in possession of the Prime Contractor or keep and maintain public records required by City to perform the service. If Prime Contractor transfers all public records to City upon completion of the Agreement, Prime Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Prime Contractor keeps and maintains public records upon completion of the Agreement, Prime 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 Prime 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 PRIME CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PRIME 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. 18 Continrenci� Aareement. This Work Service Agreement is entirely contingent upon the granting of an FAA AIP grant covering the cost of the Droiect. 19 Indemnification. The Prime 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 Prime Contractor, its family, associates, Prime Contractor's, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, at seq., Florida Statutes, or any other sovereign or governmental immunity. 20 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related Page 4 of 5 services. Prime Contractor shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 21 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. 22 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. 23 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 24 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, MIMIC 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 : ("City") BY: Paul E. Carlisle CITY MANAGER LOREN JOCK TRUCKING, INC.: ("Prime Contractor") BY: Mark Jock Page 5 of 5 WORK SERVICES AGREEMENT 1TB 21-07 TAXI LAN EISITEWORK FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY 'A' REPAIRS at Sebastian Municipal Airport AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Loren Jock Trucking, Inc. 2. Designated Contact Person as to City Scott Baker (PROJECT MANAGER) Airport Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8113 Cell: 772-633-0897 Email: rbaker@cityofsebastian.org 3. Designated Contact Person as to Prime Contractor, Bill Gore (PROJECT MANAGER) Loren Jock Trucking, Inc. 4140 SE Robert Loop Road Stuart. FL 34997 Cell: 941-7325-4088 Office: 772-888-3614 Email: Billna LorenJockTruckinq.com 4. Guaranteed Maximum Price (GMP). The Design Builder's GMP for the Work is Four Hundred Sixty Three Thousand, Eight Hundred Thirty Eight dollars and Twenty Seven cents ($463,838.27) for Schedule-1 of the project (Reference FM445871-1); and Two Hundred Eighteen Thousand, Three Hundred Sixty Two do lays and Ninety five cents ($218,362.95) for Schedule-2 of the project (Reference FM445948-1): Together totaling Six Hundred Eighty Two Thousand, Two Hundred One dollars and Twenty Two cents ($682,201.22) for both areas of the project_ This price is for the performance of the Work in accordance with the Agreement Documents listed in the PROJECT MANUAL (EXHIBIT 'A') and CONSTRUCTION PLANS (EXHIBIT 'B') 5. Project Time. Prime Contractor shall achieve Substantial Completion of the Work and issue Certification of Occupancy no later than 100 calendar days following the issuance of a Notice to Proceed. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Document. • Exhibit "A" — PROJECT MANUAL FOR TAXILANEISITEWORK FOR FUTURE HANGAR DEVELC PMENT & TAXIWAY 'A' REPAIRS, as included in the Original Bid Package with Addendums 1&2. • Exhibit "B" — CONSTRUCTION PLANS FOR TAXI LAN EISITEWORK FOR FUTURE HANGAR DEVELOPMENT & TAXIWAY 'A' REPAIRS • Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP. Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP) Purchase Order(s), Contract Amendments and Change Order(s). 7. Liquidated Damages. If the Design Builder fails to achieve Substantial Completion of the Work within the Contract Time listed above in Paragraph #5, the City shall be entibed to retain or recover, as liquidated damages and not as a penalty, the sum of $1.690.00 per calendar day. Liquidated Damages will be sought starting on the first day following expiration of the Contract and continuing until the actual date of Substantial Completion. I Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City wilt incur as a E result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the Design Builder under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Design Builder shall be payable to the City at the demand of the City, together with interest from the date of the demand at the maximum allowable rate. 8. City Funds. If sufficient funding is not available for Design Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. It such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. City of Sebastian, Florida 1 Ahrens Enterprises, Inc. dba Ahrens Companies (GMP) RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 1 of 5 92 of 169 9. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 10. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder 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 Agreement on the part of the Design Builder 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. 11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement Furthermore, Citv reserves the right to insuect and audit Design Builder's books and records relatina to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement 12. Design Builder Initiated Changes. If the Design Builder inflates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, Design Builder shall be liable for the expense thereof, and any incidental extra work created by the change. 13. Termination for Convenience. Upon ten (10) days' written notice to Design Builder, the City may, for its convenience and without cause, elect to terminate this Agreement In the event of termination, City will be responsible for compensating Design Builder only for the Work satisfactorily completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. 14. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and maintain 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 Design Builder. Design Builder shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder'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. 15.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these ooverage's, limits or endorsements shall in no way be required th be relied upon when assessing the extent or determining appropriate types and limits of overage l o protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the Citv of Sebastian and its Citv Council members, officers. emplovees and agents. An amount not less than: Commercial General " $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Liability Completed Operations; and Personal & Advertising Injury • $50,000 Fire Damage Limit • $5,000 Medical Expense Limit Professional Liability An amount not less than: (Errors & Omissions) ' $500,000 Each Occurrence, covering any damages caused by an error, omission or any negligent acts. An amount not less than: Automobile Liability • $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit Worker's In accordance with Florida Statutes 440, maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in Compensation work under this contract. City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP) RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 2 of 5 93 of 169 16 Payments. 16.1 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 requestlinvoice is recorded as received by City, for Work completed to the satisfaction Of City. 16.2 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. eau for oa �en>C/invoirpes shall senarate a coluptinq according to Schedule 91 refgrRnrina �� n4: or ule #2 referencing FM 445848-1. 16.3 All reauests for oavmentrinvokms shall be separated per section 15.2 and submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post - audit thereof. Upon receipt of Design Builder's payment requestlinvoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 16.4 Progress Payments. 16A.1 1't Application for Payment The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, Design Builder shall submit to City, for its review and approval: (1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. 16A.2 Monthly Applications for Payment. Design -Build Firm shall submit three (3) copies of each of its Applications for Payment to the City on or before_he 25th day of each month for work performed durinq the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) Return the Application for Payment to the Design Builder indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Design Builder may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to Design -Build Firm shall in no way imply approval or acceptance of Design -Build Firm's work. 16.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5°%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment request. Such sum shall be accumulated and not released to Design Builder until final payment is due. Any interim interest on such sums shall accrue to City. Due to circumstances beyond the Design Builder's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Design Builder upon receiving a certificate of substantial completion and approval from the Architect/Engineer. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP) RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 3 of 5 94 of 169 16A.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due the Design Builder under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of. (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Design Builder to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; (e) reasonable indication that the Work will not be Design Builder, or (g) any other material breach of the Contract Documents. If these conditions are not remedied or removed, City may, after three (3) days written notice, rectify the same at Design Builder's expense. City also may offset against any sums due Design Builder the amount of any liquidated or un-liquidated obligations of Design Builder to City, whether relating to or arising out of this Agreement. 16.4.5 Final Payment City shall make final payment to Design Builder within thirty (30) calendar days after the Work is inspected and accepted by City in accordance with Section 10 herein provided. Design Builder's acceptance of final payment shall constitute a full waiver of any and all claims by Design Builder against City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to enforce any obligations of Design Builder's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 17 Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Design Builder 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. Design Builder 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 Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder 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 Design Builder 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 DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32968; EMAIL: jvrilliams0_city0fsebastian.org; PHONE: 772-388-8215. 18 Contingency Agreement. This Work Service Agreement is entirely contingent uoon the aranting of an FAA AIP grant coverina the cost of the oroiect. 19 Indemnification. The Design Builder 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 Design Builder, its family, associates, Design Builders, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. 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. City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP) RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 4 of 5 95 of 169 20 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts; are available on the Project_ 21 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. 22 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. 23 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 24 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 CLERIC Approved as to form and legality for reliance by the City of Sebastian only: Manny Anion Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN : ("City") BY: Paul E. Carlisle CITY MANAGER LOREN JOCK TRUCKING, INC.: (Prime Contractor } BY - a Joc City of Sebastian, Florida 1 Ahrens Enterprises, . Inc. d ba Ahrens Companies (GAUP) RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 5 of 5 96 of 169 PROJECT MANUAL FOR TAXILANE/SITEWORK FOR FUTURE HANGAR DEVELOPMENT & TAXIWAY `A' REPAIRS AT ,MUNICIPAL AIRPORT FAA AIP Project No.: 3-12-0145-015-2020 FDOT FM No.:445948-1-94-01 FOR CITY OF SEBASTIAN, FLORIDA BID DOCUMENTS March, 2021 Prepared by: ■ INFRASTRUCTURE CONSULTING & ENGINEERING 5550 W. Idlewiid Avenue, Suite 115 Tampa, Florida 33634 FL Certificate of Authorization No. 30862 97 of 169 SEBASTIAN chment No. 11 -Bid Price Schedule ane/Siteworik For Future Hangar Development & Taxiway 'A' Repairs 11UNICIPAL AIRPOIel, Itsrrl I Spec. No. Item Description Quantity Unit Unit Price Amount No. BID SCHEDULE 1 (Taxilane & Taxlway'A' Repairs) 1 C-105 Mobilization 1 LS $37,727.20 $37,727.20 2 1530 Barricades, Closed Runway Markers, and Runway Number 1 L5 $5,824.00 $5,824.00 Covers 3 1720 Project Record Documents 1 LS $20,160,00 $20,160.00 4 FDOT-104-1 Installation and Removal of Inlet Protection Devices 10 EACH $504.00 $5,040.00 5 FDOT-104-2 Intaliation and Removal of Rock Check Dams 2 EACH $1.120.00 $2,240.00 6 FDOT-104-3 Installation and Removal of Silt Fence 530 LF $3.64 $1,929.20 7 S-140-1 Full Depth Pavement Removal 2,843 SY $4.47 $12,704.80 8 S-140-2 Asphalt Surface Removal 971 SY $9.46 $9,189.54 9 S-140-3 Chain Link Fence Removal 547 LF $5.60 $3,053.20 7 S-142 Pavement Marking Removal 20 SF $3.08 $61.15 8 P-152-1 Unclassified Excavation 2,800 CY $3A6 $9,690.24 9 P-152-2 Unsu table Excavation 100 CY $17.18 $1.718.08 10 P-154 4" Subbase 1,794 SY $6.10 $10,950.58 11 P-2111P-219 4" Lime Rock or Recycled Cone. Aggregate Base Course 1,714 SY $10.25 $17,565.07 12 FDOT 334 Asphalt Surface Course 450 TON $142.24 $64,008.00 I 13 P-620-1 Nan -Reflective Pavement Markings 1,600 SF $1.22 $1.953.28 j 14 P-620-2 Reflective Pavement Markings 850 SF $1.52 $1,294.72 15 P-620-3 Reflective Pavement Markings (Red Paint) 68 SF $2.26 $153.94 1 16 P-6204 Temporary Pavement Markings 850 SF $0.97 $828.24 17 Tabway Guidance Signs 2 EACH $6,160.00 $12,320.00 16 F-162 6' Height Chain Link Fence wl 3' Barbed Wire 540 LF $49.45 $26,701.92 19 F-165 Aluminum Cantilever Sliding Gate Complete- 15' width 1 EACH $16,553.60 $16,553.60 20 D-701-1 12 inch Die, Storm Drain Pipe 285 LF $51.21 $14,593.82 21 D-701-2 15 inch Dia. Storm Drain Pipe 166 LF $52.65 $6,740.10 22 D-701-3 18 inch Dia. Storm Drain Pipe 117 LF $54.79 $6,410.48 23 D-701A 24 inch Class III RCP 153 LF $73.71 $11,277.20 24 D-751-1 Type C Inlet with Concrete Apron 8 EACH $2,800.00 $22,400.00 , 25 D-7514 MES (1:2) for 24" Pipe 1 EACH $1,288.00 $1.288.00 26 T 905 Topsoiling 1,200 CY $37.80 $45,360.00 27 FDOT-570-1 Sod 2,500 SY $2,23 $5,572.00 28 FDOT-570-2 Performance Turf 1.00 AC $5,600.00 $5,600.00 29 26 05 01.2 Electrical Utility (Bld Allowance) 1 $30,0D0.00 $30,000.00 30 26 09 00 Vehicle Gate Operator 1 LS $8,960.00 $8,960.00 31 27 13 00-1 Fiber Optic Cabling 160 LF $81.72 $13,075.20 32 26 13 00.2 Communications Fnclosure 1 LS $2,8$4.00 $2,884.00 33 29 13 00-3 Camera Pole 1 LS $3.600.80 $3,60D.80 34 28 13 00.1 Physical Access Controls 1 LS $22,400.00 $22,400.00 Bid Schedule 1 Total = $463,838.27 Company Name: 2-29.1 ADDENDUM NO. I 131 of 169 SESTIAN chment No. 11 - Bid Price Schedule ackm tAlihlICIPAL AiI:POI:I one/5itework For Future Hangar Development & Taxiway'A' Repairs item Spec. No. Item Description No. BID SCHEDULE 2 {Sltework) 1 C-105 Mobilization 2 1720 Project Rewrd Documents 3 FDOT-104-1 Installation and Removal of Inlet Protection Devices 4 FDOT-104-2 Insallation and Removal of Rock Check Dams 5 FDOT-104-3 Installation and Removal of Silt Fence 6 S-140-4 15" CMP Removal 7 P-152-1 Unclassified Excavation 8 P-152-2 Unsuitable l)avation 9 P-154 6" Subbase 10 P-2111P-219 6" Line Rock/Recycled Conc. Aggregate Base Course 11 FDOT-334 Asphalt Surface Course 12 P-620-1 Non -Reflective Pavement Markings 13 P-620-2 Reflective Pavement Markings 14 D-701-2 15 Inch Dla Storm Drain Pipe 15 D-701-3 18 inch Dia. Storm Drain Pipe 16 D-751-1 Type C Inlet with Concrete Apron 17 D-751-2 MES (1:2) for 15" Pipe 18 D-751-3 MES (1:4) for 18" Pipe 19 D-751-4 Concrete Flume 20 IRC2-1 6" PVC Water Line 21 IRC11-1 Tapping Sleeve and Gate/Tapping Valve Assembly 22 IRC11-2 Fire Hydrant and Gate Valve Assembly 23 T-905 Topsoil 24 FDOT-570-1 Sod 25 FDOT-570-2 Performance Turfing 26 FDOT-700-1 Stop Sign and Post ADA Accessible Parking Space Sign Panel Affixed to Chain 27 FDOT-700-2 Link Fence 28 FDOT-400 Wheel Stop 29 26 05 01.1 North and South Electrical Equipment Company Name: 2.28.2 Quantity Unit Unit Price Amount 1 LS $16,867.20 $16,867.20 1 LS $20,160.00 $20,160.00 10 EACH $504.00 $5,040.00 2 EACH $1,120.00 $2.240.00 255 LF $3.64 $928.20 35 LF $19.04 $666.40 685 CY $4.16 $2,846.31 100 CY $17.18 $1,718.08 1,470 SY $7.11 $10,454.64 1,418 SY $14.74 $20,900.19 120 TON $222.66 $26.716,72 140 SF $1.22 $170.91 46 SF $1.52 $73.11 55 LF $54.50 $2,997.46 48 LF $56.07 $2,691.23 2 EACH $2,800.00 $6.600.00 1 EACH $840.00 $840.00 2 EACH $868.00 $1,736.00 1 EACH $1,848.00 $1,948.00 460 LF $53.24 $24,492.61 1 EA $6,720.00 $6,720,00 1 EA $7,840.00 $7,840.0D 335 CY $72.25 $24,204.16 1,000 SY $2.69 $2,688.00 300 SY $2.69 $806.40 1 EACH $213.65 $213.65 1 EACH $164.82 $154.82 17 EACH $69.59 $1,182.96 1 LS $25,553.92 $25,553.92 Bid Schedule 2 Total = 1$218.362. 95 Grand Total. z-47XE--11 $682,201.22 ADDENDUM NO.1 132 of 169 Bid Tabulation BID # 21-07 Taxi Lane Site Improve. Contractor Bid Sched. #1 Bid Sched. #2 Total Loren Jock Trucking $ 463,838.27 $ 218,362.95 $ 682,201.22 Tim Rose Contracting $ 553,054.50 $ 187,502.30 $ 740,556.80 Dickerson Florida $ 543,587.00 $ 277,395.00 $ 820,982.00 R&D Paving $ 559,244.85 $ 348,240.50 $ 907,485.35 Wright Construction $ 930,103.18 $ 543,894.47 $ 1,473,997.65 NO Sl7 SE A T1" HOME Of MGM kAIm CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: May 26, 2021 Title & Recommendation: Award Invitation to Bid (ITB) #21-05 CDBG Sidewalk Improvement Project to A. Thomas Const. Inc. in an amount not to exceed $169,479.87 Background: Staff recommends that ITB #21-05 be awarded to A. Thomas Const. Inc. This work is to provide design and construction services for the Sidewalk Improvement Project on North Central Avenue in the downtown Community Redevelopment Agency (CRA) area. The Contractor is to provide sidewalk design and layout, all labor, equipment, materials and supervision to accomplish the necessary work. This ITB was advertised via local newspaper and released as of March 29, 2021 via the City's website, DemandStar.com and myVendorLink.com. All bids were due electronically on May 7, 2021 and (3) bids were received at that time. The bids were reviewed to ensure all requirements were met as provided in the solicitation documents and specifications. The actual lowest bidder is licensed as a Building Contractor and can only do work associated with construction of a building. The lowest bidder which Is also licensed with the State as a General Contractor and legally able to do this work was A. Thomas Const. Inc. Due to their bid being greater than the amount of the CDBG Block Grant, funds will be used from the CDBG Cares Act and Discretionary Sales Tax Reserves. VENDOR STATE LICENSE PRICE Whitehouse Contracting, LLC Building Contractor $ 99,933.00 A. Thomas Const. Inc_ General Contractor $ 169,479.87 MVB & Associates, Inc. General Contractor $ 224,989.00 Design Build is a method used to allow a single vendor to provide planning, design and construction services under one contract. This ensures a unified flow of work from initial concept through completion. If Aqenda Item Requires Expenditure of Funds: Total Cost: $169,479.87 Funds to Be Utilized: $100,000.00 Community Development Block Grant (CDBG) Funding. $ 44,479.87 CDBG Cares Act Funding. $ 25,000.00 Discretionary Sales Tax Reserves, Attachments: 1. Bid Submitted by A. Thomas Const. Inc. 2. Reference Check Surveys 3. Work Services Agreement Administrative Services Department Review:' City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization. l �-�- "�/ . l �7�5. PFt� pvt CA(aIS& Date: -S-41 )"12, 1 134 of 169 zkm SO HOME OF PELICAN ISIMD ITB #21-05 CDBG SIDEWALK PdPROVENIENT CONTACT INFORMATION SHEET DUE DATE: Bids due on or before 4:00 PM EST on ITB NO.: RELEASE DATE: CONTACT. Friday, April 30, 2021 FlectnMIc suhmLRyiark' 01`! VendorUnkcom (Registration Required) FORM A 021.05 03/29/2021 Ann -Marie Fraser, CPPB, MBA Procurement/Contracts Manager (772) 3884i1 atrase r IAiGitV.n ao i�i'isti� I1.4 r p ITB TITLE: heck Addenda for revised due dates before CDBG SIDEWALK IMPROVEMENT PROJECT ubmittin your Bid. Labe Bide will not be accepted. Bidder s Name and "Doing Business As", f applicable: Address:/' City: swq-I State: Telephone Number. l Trp code: FEUEIN Number: V'l 5 I DUNS Number: E-Mail Address of Authorized Representative: MINIMUM REQUIREMENTS Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award (refer to page 5, Section 1.2). By placing a checkmark ne)d to each requirement Bidder is confirmingt. ' the requirement is me f=ave ntiy certified as General Contractor. Q aminimum of three (3) years' experience performing similar work. Ly 1 office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year to coincide with the warranty requirement. fl Insured and meeting insurance requirements applicable to perfann the services ADDENDA ACKNOWLEDGEMENT Initial by all that Book - aaknoWLed i receiotfreview of the followina Addenda. Addendum iiilAdr,t ......... �� Adao..,.,....;�.. , ,,,.,�;�dum va „u,a„clam ifs _ Addendum lib BID CERTIFICATION I certify that I have carefully examined the ITB document and associated documents, including Addenda. I further certffy that all information contained in this bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of tlti company nami", ove and that the company is ready, willing, and able to perform if awarded. Prirrted Name Tine Signature The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City. and to waive any non -substantial irregularities. Failure to fuliv comDlets and submit this Information Sheet may result in refection of the submfttal Page 18 of 27 136 of 169 �Q ITB #21-05 FORM HOME of PiIiCAN KlAM1❑ B CDBG SIDEWALK RVIPROVEMENT BID PRICE SHEET Attach the required 5% Bid Bond with the completion of this form. Refer to Section 4 — Specifications (page 15) for descriptions of each item listed below. ITEM DESCRIPTION QTY UNIT UNIT COST I SUBTOTAL DESIGN AND LAYOUT OF SIDEWALK WITHIN ROW LS $ $ % , ) DEMO EXISITING CONCRETE SIDEWALK (5' WIDE) SY $ �?� y� $ j �0 MOT LS $ Z' �;o $ -ZSry 4° CONCRETE SIDEWALK W/ FIBER MESH (T WIDE) j2 SY $ $ ?,4' 6" CONCRETE SIDEWALK W/ FIBER MESH (5' WIDE) pQ SY $ '/0 0 - $ /O" 060 STABLIZIED SUBGRADE i sny SY $ / i/ ;5S $,;?O 6// 8 v ADA DETECTABLE WARNING PAD + (� SY $ 56 - $ 9X0 THERMO STRIPPING CROSSWALK PAINT / LS $ l 6 e-0 BAHIA SOD 114(��i SY $ SITE RESTORATION LS $fxov $ 4V BASE BID $ CONSTRUCTION CONTINGENCY (% OF BASE BID) TOTAL BID PRICE J $ 1,f ya *Bidder is resoonsib/e for rneasurina and confirming exact lenaths for biddingr P The Bid Prices shall remain good for sixty (60) days after the due date of this ITB. By signing below, Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. Bidder's Name: IL Signature. IL. \ - Date: Print Name: �'''-�'�' Title: Failure to fully complete and submit this Information Sheet ma►► result In relection of the submittal Page 18 of 27 137 of 169 �a NOW OF PaICAN OLAND ITB #21-05 CDBG SIDEWALK IMPROVEMENT CONTRACTOR QUESTIONNAIRE 1. How long has the cgmpany been in business as a licensed General Contractor? FORM C 2. Provide business address. NOTE: Must be within the state of Florida. �c ,r..zl ; r 4901 �l�rarr_���sIP � i.� �` �, k �i Z05 I i err i 3&0 3. How many General Contracting projects doxxou currently have active? t7 fn me �r� — ' Commercial (Public Sector): Commercial (Private Sector): k Residential: 4. How many employees does your company currently employ? Full-time: Parttime: S. If awarded this contract, how will you meet the manpower requirements? (YUse current staff of company employees ire additional staff as regular employees Use contract temporary labor providers ti. What equipment do you own that can be utilized on this contract? (Attach List of equipment) 7. If awarded this this contract, how will you meet the equipment requirements? L-Iff Use current owned equipment [Lease equipment to meet requirements EY15urchase additional equipment Company Name: Authorized Name: Signature: Title: Y xh � dC a✓ ' Date:Z�a�.! Failure to fully complete. slon and submit this Disclosun: may result In relection of the submittal Page 20 of 27 138 of 169 SEEAMN TTB #21-05 FORM HOME °r PELICAN MAW CDBG SIDEWALK M'ROVEWXT � D REFERENCE LIST Bidder's Name: List a minimum of three (3) client references that can speak to the Bidder's experience and performance, within the last three (3) years. References from public sector clients are preferred. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect or the reference does not respond, the Bidder will lose points awarded for this criterion. j Company Name: II Location (City, Star): Contact Personmae: Email Address: Defies of Service: Services Provided Issues Experienced, if none write NIA: Company Name: Location (City, State): Contact PersonMtie: Email Address: + Dates of Service: Services Provided: Issues Experienced, if none write NIA: Company Name: Location (City, State). Contact Personrritle: Email Address: Dates of Service: Services Provided: Issues Experienced, if none write N/A: Reference #1 �f. r C3,-� � � vc.- � � � csc� 1 fit � �t�i. •�"� ra:t ( Phone #: .? A_ Cs eye G-t' , Reference #2 > ci 4iC7 1 C I Phone M 1-7 '2- O t Z - � rem � c•t �t 1%dr"uxsi c.v+tis,�r�rr�.�'Otb��,�JCi•-,t. A�R04-c[5.51��-��a. r:Oon �c ,RQ-c f d t c r 1 Reference #3 V, �C t ,I � 1 z � LOU Phone #:' 5"t _ 1 g- 245 Failure to fully complete and submit this List may result In relection of the submittal Page 21 of 27 139 of 169 MIS �f ITB #21-05 FORM + HOME OF PELICAN ISLAND CDBG SIDEWALK IlVIPROVEMENT E BIDDER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Bidder's Name:r��1^fr�, Address: c7 r fir�s? e;T 9_- 771 :34Cl4 Contact Person: Nxle\lck i Title: R Ce S Phone No.:� Email Address: Federal Identification No.: , --I �7 This Business is: ()An Individual A Partnership (�j'/�Corporallon Bidder's License No., ffannlicabie: - G C, 1 S;� a_a-?cj C( *Atta certificate of status, competencyy�-and/or state registration (1) Has your company or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or 4W other regula agency or professional association within the last five (5) years? YES NO� (2) Has your company, or any member of your company, been declared in default, terminated or removed from a contract or job related to the services your company, provides in the regular course of business within the last five (5) years? YES ® NO (3) Has your company had against tt or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is minted to the services your company provides in the regular course of business? YES NOO , (4) Describe each affiliation or business relationship with an employee, board member, elected officials) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other atTliiation or business relationship that may cause a conflict of interest, if none, write NONE. �(V - If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and / agree and understand that any misstatement or misrepresentation or falsification of Facts shall be cause for forfeiture of rights for further consideration of this BID forjthe /yfCittyy of Sebastian. / V• �� I � �JV��1 Signature Date Failure to %fly complete. slan and submft this Disclosure may result In refection of the submittal Page 22 of 27 140 of 169 u ` rM #21-05 FORM F HOME of 6euuw IRMD CDBG SIDEWALK EMIPROVEMENT E-VEMFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: htivJ/wwwtdhs.cov/E-VeriN. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Contractor). "Subcontrac far' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary; wages, or other remuneration (also referred to as Sub - Vendor or Sub -Contractor). Vendor/Contractor/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of. ■ All persons employed by Vendor/Contractor/Contractor during the tens of the contract, (including assigned sub-vendors/sub-contractors/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Contractor/Contractor becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility, u as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. the contractor shall maintain a copy of such affidavit for the duration of the contract: Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is germinated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 9 year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Securitys E=Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: ``-�1� C , ---[A1C' Authorized Name: TitiQ Signature: 1 Date: kkkkkkkkklkkk*k!*#!!##kk#kk#*kkkkkkkkk*!###!k##k#k*kkkkkkkk**k****Rik#k#lkkkktMtk*k*#*4#*k*#kkkkkkk#kkkk#!#ikkkklkk#kkk!! State of r,- County of�� This instrument was acknowledged before me on :Pba-1 (Date) ti a Z�gjnVat � t➢sis Affidavit may result in relecbon of the submit Page 23 of 27 141 of 169 ITB #21-05 FORM G HOME OF PELICAN ISuwn CDBG SIDEWALK USAPROVEMENT NOTIFICATIONS AFFIDAVIT (Print Authorized Name) (Title) Of Cc r�%- - :R�U (Company Name) affirm that I read and understand, as well as accept all requirements and regulations listed in sections 3.28 — 3.36 of the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension • Scrutinized Vendor • Performance Evaluation Signature: �G State of County of of The foregoing Affidavit was acknowledged before me on Date: 'Z5 1-1 Notary Pubi ignliure — - (DATE). Failure to full complete. slgp and submit this Affidavit may result In relecdon of the submittal Page 24 of 27 142 of 169 2 r 3 4 5 6 rnd ITB ##21-0S FORM "Dh* dF Pf"`"""MAW H CDBG SIDEWALK 1WROVEN ENT SUB -CONTRACTOR LIST Bidder's Name:Yam QC�ybri�`L Phone;#: NOTE: List all sub -contractors you invited to bid on this project, whether they were selected or not. If sub -Contractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets if necessary. The City reserves the right to reject any bids if the Bidder names sub -contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -Contractor in order to make a determination as to the foregoing. Company Work To Be Performed Contact Telephone Name Person Number 1 I,L• ko ';Z� si Ell affirm that sub-contractor(s) will not be used to complete projects under this agreement. Paint Name: xrtc Title:{2;L�I Signature: i'�'�`---'� pate: >C.' -a-- l f Failure to fully complete. sign and submit this Form may result In resection of the submittal Page 25 of 27 143 of 169 ITB #21-05 HOME OF KWAN GIAND CDBG SIDEWALK E MPROVEN ENT SOLICITATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: l 1 ��`�a�►1 �5 `�"P1L Company Address: d (F�s cy,[, -Es 2 *S- eat 3 1 C1 Phone No: Please tell us how you found out this Invitation to Bid was releasedlavailable (mark all that applies): Indian River Press Journal (TCPsim) DemandStar/Onvia City of Sebastian Web Site VendorUnk Other (please specify below) �C t -7 j 2,0 -Z. r Page 26 of 27 144 of 169 Department of Economic Opportunity— small Cities Community Development Block Grant Program Form SC-52 Section 3 Participation Report non~ (Construction Prime Contractor) April, 2015 Local Government: CDBG Contract #: This for»r must be completed by the prime contractorfor uny mnstructron contract orer 900,000. Ijaluntury rspo> rg for confcts under;100,000 is encouraged. Contractor's Name: Contractor's DUNS Number. 1. Does the business qualify as a "Section 3 Business Concern" because a) It is at least 51% owned by Section 3 residents*, or b) At least 301/6 of its permanent full-time emnlo�vees, are t) Currently Section 3 residents*, or Contract Amount: $ 1 s cj ii) Were Section 3 residents* within first three years of employment, or c) Will at least 25% (dollar value) of construction subcontracts (no material/supplies/ equipment vendors unless they are also installing same) be to businesses meeting (a) or (b) above? If yes, list any Section 3 subcontractors and subcontract amount: Subcontractors t - I ❑ Yes NA]o [I Yes o El Yes lNo ❑ Yes C] No Subcontract Amount 2. Will the contractor be hiring any additional staff (office or field) for this projects ❑ Yes [J No • if yes, what types of jobs will be filled, and how many additional hires are estimated in each job type? *Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is: (i) A loin -intone per, ir, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.G. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this Germ to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centurn of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (u) A veg bin -income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 14374)(2)) defines this term to mean families (=luding single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. Note: This contract is funded with federal funds, and this information is required for construction contracts over $100,000 for reporting purposes. See Section 3 portion of CDBG Supplemental Conditions for Caimove on Projeeft for additional information. 73C-23.0051, FAC 146 of 169 Department of Economic Opportunity - Small Cities Community Development Block Grant Program r Section 3 Participation Report Construction Subcontractor) -- -- -- --- — - - - -- -- - -- - __ -.ram. . Local Government: CDBG Contract #: Form SC-53 April, 2015 -�_- "_.__=.._._:S�3 This form mrat be completed by cooshwdiox rzrbcnn#wtors mhm the rAdw mnirad u atIeast ,1100.000. (Do not include the cart of equipment or material suppkes unlessyou are installing also.) Vohnt-ynfi-lwguenmmWr when the prance cmrtmact is under 1100,000. Subcontractor's Name: --11 -) Subcontractor's DUNS Number.u6conttact Amount: $ 1. Does the business qualify as a "Section 3 Business Concern" because a) It is at least 51% owned by Section 3 residents*, or + Yes ❑ No b) At least 30% of its permanent full-time employees are i) Currently Section 3 residents*, or ❑ Yes ❑ No it) Were Section 3 residents* within first three years of employment, or + ❑ Yes ❑ No 2. Will the subcontractor be hiring any additional staff (office or field) for this project? ❑ Yes []No • If yes, what types of jobs (e.g., laborer, equipment operator) will be filled, and how many additional hires are estimated in each job type? *Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is: (i) A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b) (2) of the 1937 Act defines this temm to mean families (Including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (u) A very low-meome person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b) (2) of the 1937 Act (42 U.S.C. 14374)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. Note: This contract is funded with federal funds, and this information is required for reporting purposes for projects costing over $100,000. See Section 3 portion of CDBG Supplemental Conditions for Conatruchbn Conuacas for additional information. 73C-23.0051, FAC 147 of 169 Department of Economic Opportunity —Small Cities Community Development Block Grant Program Form SC-38 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor) April, 2015 Recipient: 3 I , a- s Contract Number. Name of Subcontractor: pi -� DUNS Number: Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to the above statement, the prospective participant shall attach an explanation to this form �� �C� N) () N Authorized Signature Date Name Typed Title D _ 13 ISO Street A ,jI&ess City, State, Zip (24 CFR 24.510 and 24 CFR, Part 24, Appendix A) 73C-23.0051, FAC 148 of 169 Department of Economic Opportunity— Small Cities Community Development Block Grant Program Form SC-37 Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions) April, 2015 Recipient:n.d��� Name of Company Selected as a Prime Contractor. DUNS Number. '�= ! N S 1'S Contract Number. 1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal 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; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. l �1oeu '-�rl Authorized Signature Date Name Typed Title Street Address 2'. City, State, Zip (24 CFR 24.510 and 24 CFR, Part 24, Appendix A) 73C-23.0051, FAC 149 of 169 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD ` TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! (850) 487-1395 STATE OF FLORIDA DEPARTMENT dUlor OF BUSINESS AND PROFESSIONAL REGULATION CGC1522275 ISSUED: 06/19/2020 CERTIFIED GENERAL CONTRACTOR THOMAS, ANDREW ROBERT A.THOMAS CONST. INC Signature LICENSED UNDER CHAPTER 489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2022 Ron DeSantis, Governor Halsey Beshears, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER: CGC1522275 EXPIRATION DATE: AUGUST 31, 2022 THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489. FLORIDA STATUTES THOMAS, ANDREW ROBERT A.THOMAS CONST. INC 1380 BAYSHORE DRIVE FORT PIERCE FL 34949 ISSUED: 08/19/2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. 150 of 169 ACERTIFICATE OF LIABILITY INSURANCE "`"�WCONYM `...+� f 5/5/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO MONTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATWLY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREP44 AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certtlicate holder In Neu of such endorsement(s). PRODUCER 4! lYfR4! Tiffany Wilkes Killingsworth Agency Inc. (352) 795-1451 fAX I. LSX eg:t zs+99-asae 19259 Cortez Boulevard �tif MAIL fany®krr07:�thias . CORI P.O. Box 1750 WSU;RS�US) AFFORDING COVERAGE NAIL r Brooksville FL 34605-1750 `II A:Ohio Seouri.L-, insurance Camnanv 24082 INSURED INSURER B:Ohio Casualty Insurance Ca=anv 124074 A. Thomas Construction Inc. {INS RERa: P.O. Box 3285 waxeR.D: IIRE: I Fort Pierce FL 34940-3285 1INSURERF: I COVERAGES CERTIFICATE NUMBER;20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO T14EINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. INSR ADC! -YUZR POLICY EFF PCiJCY EXP LTR TYPE OF INSURANCE I F S- r POLICY NUMBER WMIDCYYYYYI sAUOGIYYYY) I UNITS $ COMMERCIAL GENERAL LIABILITY II EACHO��(1�y ; 1,000,000 A -� CLAIN"ADE -1 OCCUR COMA cE (G k ( $ 300,000 rm854573729 00/12/2020 09/l2/2021 NEDEDP (My one perSW) $ 15,000 _ I PERSONAL &AOV INJURY $ 1,0.00,000 GEN'LAGGREGATE Uh4TAPPLIES PEP GENERAL AGGREGATE $ 2,000,OOD 8 POLICY Q IEECTT LOC PRODUCTS .COMWOPAGG $ 2,000,000 OTHER: $ aIR (MOBILE LIAEMffY Wh**Ntss biNMt 1JM,1 $ jj�a scddentl ANY AUTO BODILY INJURY Per person) $ ALL NED SCHEDULED AUTOS GODLY INJURY (Per eccidea) $ HEREDALrfOS N04OV44ED Fppl-hli 11DA+t'E AUTOS $ $ X UMBRELLA LIAB I X 1 OCCUR I EACH OCCURRENCE 1. 000, 000 B ErCIBSBUAB 1 G.AIMSMADE MOS4573729 09/12/2020 00/12/2021 AGGREGATE { S 1.000,000 OED �-XRETFNT)ON $ 10 0001 11 $ Wo AM EMPLOYER& LIAOLrrY I `� ANY PROPEBETORIPARTNE3mECuTIVE YIN r NIA I EL. EACH ACCIDENT Is OFFICE PWEUJ MBEREXCDE07 J (MendalwInWI) E.LDISEASE- EAEMPLOYEE $ It es. describe Under M j IPTI ON OF OPERATIONS below EL, DISEASE- POLICY LIMIT I S DESCRIPTION OF OPERAIIONS I LOCATTONSI VEHCLE S (ACORD IM, Addkiand Rsaetks edge". mar 6s altselled It mae two Is nquh►t► Limits shown are those in effect at policy inception date. CERTIFICATE HOLDER CANCELLATION SHOULDANY OF 7HEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of 3ebastion THE MRA710NDA7E THERSOF, NOTICE NB.J. BE DELIVERED IN 1225 main St ACCORDANC@ MTN THE POLICY PROMBION& Sebastian, 1rL 32958 AUnlOR¢EO REPRESEMA7IVE Tiffany Wilkes/CLARE Q'4"to X I 871014 ACORD CORPORATION. A)1 rights reserved. ACORD 25 (20114/01) The ACORD name and logo are registered marks of ACORD IN302512014011 151 of 169 '4iC� CERTIFICATE OF LIABILITY INSURANCE °�050 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFRRMATT MY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COXSTfTTITE A CONTRACT BETWEEN THE ISSUNG INSURER(ft AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ims) must be endorsed. N SUBROGATION IS WAT(IED, 84bo t to the terms and conditions of the Policy, certain policies may require an or4Wwnm* A staimmod on this c:er0cate does not conihw rights to the cartNleate boiler in Rou of such endonmunsid(s). Pe00m BILL KNIGHT INSURANCE AGENCY INC. MR ' MmInla 2301 SUNRISE BLVD Pz 4et7, I Pam 4$I-8144 Swarm FORT PIERCE, FL 34982 -hpoqm' A. 6SUM31 BIAFFOREMCOVERAGfl um* ININNIERA:Slab FsrmMvk"Ajftm bIIsInsunarveCornoeM 25173 INSMIND A THOMAS CONST INC erwrs: PO BOX 3285 INSURER : FORT PIERCE FL 34948-3285 -i�LstRD: INSURER E: �r-: COVMGES 7�� (�'����I THIS IS TO CERTIFY THAT THE PO=SiJAgNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT YWrH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. uPOLICIES. WqSR LIP WPNOPINSURANN P uCYwv r Y in [fd11DGrY1m umm GENERALLUh�UTY i DRUM COMMCIALG,ENSM LIASILI'M PREM i —_ i CLAMA64MDE ❑ OCCUR MED EV [env wo ] i I PERSONAL& ADV INJURY s f GENERAL AGGREGATE PROMMM-COMPMPAW S -Q`ENLAGGREOATELIMITAPPUESPER: 4 POLICY 1-1 xr F I LOC $ A AUTOMOSILa LIABILITY Y IT �wno 4w Li W. I i _ ANYAUTO E045058-029-0 0420M 1012B12021 SODILYINJURY(Pxpuwn) i 11000,000 _ ALL OWNED AUTOS X AUTO 00 I 8OD1LYINJURY(P0rmm;*e* = 1,000,000 HIREDAUTOS � P Om=kwfi 1,008,000 _.. _ UaaR&LA LIAR OCCUR I EACH OCCURRENCE i - LL" ~1 CLAIMSMADEr' �} AGGREGATE : DED �2tte[r(�0N S , i 1pOT UIRS6j Dk VtiG STAT OTH• ANDMIPUNWLIMUff YIN ANY �'� E L EACH S OFFK MEMBER EXCLUDED? NIA ACCIDENTI I (Idtndmem lame l EL DISEASE. EA EYIP..ot Ci~ i ITV t,dwaftunder E.LDISEASE - POLICY LAVaT I —H DESCRIPTIONOFOPM711ONSILOCATIONSIYE18gE6 (Afelch WORD181.Addidowl R�tllleSolMdaN,NnoltispLplsngwtetd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRMED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED UI City of Sebastian ACCORDANCE WnN TM POLICY PROVISIONS. 1225 Main St Sebastian, 11133968 Re�t�R rtAtivs > � CO RATION. AN rigtrts reserved. ACORD 25 (201005 The ACORO name and I ore rod�ACORD � � re81a'te 1001488 132848.8 01-23-2013 152 of 169 A�® CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/DDIYYYY) 05/0512021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T HIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Post Insurance S Financial, Inc. 1 eoNri Donna Baumker 146 NW Central Park Plaza, Ste 102 (n2l876.e184 Nw: (772)9784292 Port St, Lucie, FL 34986 AD dbaumkerrginsurewithpost.com License #: InsureWdhPost.COm INSURERS) AFFORDING COVERAGE NAIL 0 POURERA: Fla Citrus. Business & Industry INSURED A Thomas Const Inc. PO Box 3285 Fort Pierce, FL 34948 ""Ulm a : INSURER C : ROMER D : INSURER E : INSURER F COVERAGES FJj TIFICATE NUMBER: 90000727-017633 REVISION NUMBER: 22 THIS IS TO CERTIFY THAT THE POLIC €€¢ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- _- MOLSURR- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,> pyyJ, POLICY NUMBER MINDWYYYYI ;MWOONYYY, LIMITS COMMERCIAL GENERAL LIABILITY EACH#RFIS CE b -- CLAIMS MADE OCCUR PREMSESaiIEFa wre - . MED EXP I Any one person) $ GENL AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC OTHER: AUTOMOBLE UABILnY ANY AUTO OWNED SCHEDULED _.- AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR I OCCUR EXCESS UAB CLAIMSAMDE i DED RETENTIONS A wOAKERB COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORlPARTNEWEXECUTNE YrN OFFICERIMEMBERIXCLUDED7 NIA (Mandatory In NN) U yea, describe under DESCRIPTION OF OPERATIONS below PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGG S E COMBPNEDSINGLELSOT(Ea $ nocid" BODILY INJURY (Per parson) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE _�aoddarn $ EACH OCCURRENCE S AGGREGATE S $ 10642180 04101/2021 04/01/2022 X A 1,000,000 EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY UMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be a tacind N more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main St Sebastian, FL 32958 AUTHORREDREPRESEHTA. t DRB,\ 01986-2015 ACORD CORPORATION. All rights reservers. ACORD 25 (2016103) The ACORD nameend logo are registered marks of ACORD Printed by ORB on May 05, 2021 at 02:51 PM 153 of 169 orr CX 15r,: HOME OF PELICAN ISLAND REFERENCE CHECK SURVEY ITB #21-05 ITB Title: CDBG Sidewalk Improvements DATE: May 14, 2021 FIRM BEING SURVEYED: A. Thomas Constr. Inc. Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. A. Thomas Construction has provided ramp installation, fire unit rehabilitation and vacant unit rehabilitation. 2. Rate each of the criteria on a scale of 1-5, 5 being very satisfied and 1 being very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area, please sav N/A. ITEM CRITERIA 1 Provided services in a timely manner 2 Professionalism of Firm 3 Customer Service and Response Time to Client Inquiries 4 Quality of Work Performed 5 Ability to Provide Services Under Emergency Conditions 6 Ability to Maintain Accurate Documentation - Invoices 7 Overall Client Satisfaction SCORE 5 4 5 5 5 5 5 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? FPHA has never had any problems with the work performed by A. Thomas Construction 4. Would you re -hire this firm? Yes: X No: Maybe: PERSON COMPLETING THE SURVEY COMPANY NAME: Fort Pierce Housing Authority NAME: Rhonda Corrodus CONTACT INFORMATION: _rhonda.corrodus@cfpha.org_772-429-6435„ SIGNATURE: 154 of 169 anoF HOME OF PELICAN ISLAND REFERENCE CHECK SURVEY ITB #21-05 ITB Title: CDBG Sidewalk Improvements DATE: May 14, 2021 FIRM BEING SURVEYED: A. Thomas Constr. Inc. Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. St. Lucie County Court Sidewalk and Driveway Improvement Project. Contractor demoed existing sidewalk and installed improved sidewalk with ADA accessibility. 2. Rate each of the criteria on a scale of 1-5, 5 being very satisfied and 1 being very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area, please sav NIA. ITEM CRITERIA SCORE 1 Provided services in a timely manner 5 2 Professionalism of Firm 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 j 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 problems were encountered. 4. Would you re -hire this firm? Yes: Yes No: Maybe: PERSON COMPLETING THE SURVEY COMPANY NAME: St. Lucie County NAME: Edward Doilev CONTACT INFORMATION: 772-323-1505 [Doileve0stlucieco.oraI SIGNATURE: Fi(W&V iq f'w 155 of 169 WORK SERVICES AGREEMENT ITB 21-05 CDBG SIDEWALK IMPROVEMENT PROJECT ON NORTH CENTRAL AVENUE IN THE DOWNTOWN COMMMUNITY REDEVELOPMENT AGENCY AREA AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and A. Thomas Const. Inc. 2. Designated Contact Person as to City: Lisa Frazier (PROJECT MANAGER) Community Development Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8228 Email: Ifrazier@cityofsebastian.org 3. Designated Contact Person as to Prime Contractor: Andrew Thomas (PROJECT MANAGER) A. Thomas Constr. Inc. 1380 Bayshore Drive Fort Pierce, FL 34948 Phone: 772-216-5898 Email: atconst06@yahoo.com 4. Guaranteed Maximum Price (GMP). The Prime Contractor's GMP for the Work is One Hundred Sixty Nine Thousand, Four Hundred Seventy Nine dollars and Eighty Seven cents ($169,479.87) for the project. This price is for the performance of the Work in accordance with the Invitation to Bid (ITB #21-05 and the Bid Submittal on May 7, 2021 by A. Thomas Constr. Inc. 5. Project Time. The Prime Contractor shall complete the Work within ninety (90) days of the issuance of permit(s). Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Documents. • Exhibit "A" — Original Bid Package ITB 21-05 with Addendums 1, 2, 3 and 4. • Exhibit "B" — Bid Submittal on May 7, 2021 from the Prime Contractor • Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP Additional Agreement Documents include the Notice to Proceed (NTP) and Certificate(s) of Insurance. 7. Liquidated Damages. This Agreement does not include incentives or disincentives for completion of the work. 8. City's Project Manager. the City shall designate a Project Manager. All Work done by the Prime 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 Agreement on the part of the Prime 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. 9. Schedules, Reports and Records. The Prime Contractor shall submit to the City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit the Prime Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of the Prime Contractor, as they relate to the Agreement, shall be retained by the Prime Contractor for a period of three (3) years from the date of final payment under the Agreement. 10. Prime Contractor Initiated Changes. If the Prime Contractor initiates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, the Prime Contractor shall be liable for the expense thereof, and any incidental extra work created by the change. City of Sebastian, Florida / A. Thomas Const. Inc. 156 of 169 RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 1 of 4 11. Termination for Convenience. Upon ten (10) days' written notice to the Prime Contractor, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, the City will be responsible for compensating the Prime Contractor only for the Work satisfactorily completed or partially completed up to the date of termination. The Prime Contractor shall not be entitled to compensation for loss of anticipated profit. 12. Insurance. During the term of the Agreement, the Prime Contractor, at its sole expense, shall obtain and maintain 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 the Prime Contractor. The Prime Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Prime 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. 15.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of the 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 the Prime Contractor against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. an amount not less than: " $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Commercial Completed Operations; and Personal & Advertising Injury General Liability , $50,000 Fire Damage Limit $5,000 Medical Expense Limit Professional Liability an amount not less than: , $500,000 Each Occurrence, covering any damages caused by an error, (Errors & Omissions) omission or any negligent acts. an amount not less than: Automobile Liability . $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit Worker's In accordance with Florida Statutes 440, maintain worker's compensation Compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. 15.2 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 Work completed to the satisfaction of City. 15.3 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be_submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of the Prime Contractor's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 15.4 Progress Payments. 15.4.1 list Application for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, the Prime Contractor shall submit to the City, for its review and approval: (1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. City of Sebastian, Florida / A. Thomas Const. Inc. 157 Of 169 RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 2 of 4 15.4.2 Monthly Applications for Payment. The Prime Contractor shall submit each of its Applications for Payment to the City on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (2) Return the Application for Payment to the Prime Contractor indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Prime Contractor may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to the Prime Contractor shall in no way imply approval or acceptance of the Prime Contractor's work. 15.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment request. Such sum shall be accumulated and not released to the Prime Contractor until final payment is due. Any interim interest on such sums shall accrue to City. Due to circumstances beyond the Prime Contractor's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Prime Contractor. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. 15.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due the Prime Contractor under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of the Prime Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; or (e) any other material breach of the Contract Documents. If these conditions are not remedied or removed, the City may, after three (3) days written notice, rectify the same at the Prime Contractor's expense. City also may offset against any sums due the Prime Contractor the amount of any liquidated or un-liquidated obligations of the Prime Contractor to the City, whether relating to or arising out of this Agreement. 15.4.5 Final Payment. The City shall make final payment to the Prime Contractor within thirty (30) calendar days after the Work is inspected and accepted by the City. The Prime Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by the Prime Contractor against the City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by the City shall be deemed to be a waiver of the City's right to enforce any obligations of the Prime Contractor's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 16 Public Records: the Prime 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, the Prime 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. The Prime 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 the Prime Contractor does not transfer the records to the City. Upon completion of the Agreement, the Prime Contractor will transfer, at no cost, to the City all public records in possession of the Prime Contractor or keep and maintain public records required by the City to perform the service. If the Prime Contractor transfers all public records to City upon completion of the Agreement, the Prime City of Sebastian, Florida / A. Thomas Const. Inc. 158 of 169 RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 3 of 4 Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Prime Contractor keeps and maintains public records upon completion of the Agreement, the Prime 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 the Prime 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 THE PRIME CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PRIME 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. 17 Indemnification. The Prime 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 Prime Contractor, its family, associates, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. 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. 18 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. The Prime Contractor shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 19 Waiver. The delay or failure by the City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the 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. 20 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. 21 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 22 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 Anon Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN : ("City") BY: Paul E. Carlisle CITY MANAGER A. Thomas Const. Inc. ("Prime Contractor") BY: Andrew Thomas City of Sebastian, Florida / A. Thomas Const. Inc. 159 of 169 RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 4 of 4 OfYor BEAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: May 26, 2021 Title & Recommendation: Approve Work Authorization (CSA #1) for professional engineering services associated with filling an existing ditch between Gardenia St. and Evemia St. from Riviera Ave. to the outfall just north of Chelsea Ave. from Johnson, Mirmiran & Thompson (JMT), in an amount not to exceed $38,633.00; Authorize the City Manager to Execute Consultant Service Agreement (CSA #1). Background: Staff recommends that City Council approve a work authorization (CSA #1) and authorize the City Manager to execute it. These are for professional engineering services associated with filling an existing ditch between Gardenia St. and Evernia St. from Riviera Ave. to the outfall just north of Chelsea Ave. This includes the addition of a storm drain system and shallow swale to maintain positive drainage to the outfall. Recent work in this area has not resolved the drainage issues at this location and consulting services are needed to develop a solution. Johnson, Mirmiran & Thompson (JMT) was selected to provide continuing services agreement for professional engineering/planning services for the City on January 13, 2021 with an initial contract term of three years effective February 22, 2021. If Aaenda Item Reauires Exnenditure of Funds: Total Cost: $38,633.00 Funds to Be Utilized for Appropriation: Stormwater Fund Reserves Attachments: 1. Work Authorization — Consultant Service Agreement (CSA #1) 2. Fee Proposal and Map Administrative Services Depart nt Rev' ` L I City Attorney Review: J Procurement Division R iew, if appir�_ e: 1G�--�.c City Manager Authorization:l/ Date: 160 of 169 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Johnson, Mirmiran & Thompson (JMT) 3731 Oleander Avenue, Suite 108 Fort Pierce, FL 34982 Work Authorization No: CSA - # 1 Project Title: Riviera Ave. and Gardenia St. Drainage Improvements IT IS AGREED to undertake the following work in accordance with the provisions of the Johnson, Mirmiran & Thompson (JPAT) Master Agreement entitled "Non -Exclusive Agreement for Continuing Professional Consulting Services Agreement - City Wide" dated February 22, 2021. Description of Assignment: Johnson, Mirmiran & Thompson (JMT) will provide professional engineering services associated with the filling of an existing ditch between Gardenia St. and Evemia St. from Riviera Ave. to the outfall just north of Chelsea Ave. This will also include the addition of a storm drain system and shallow swaie to maintain positive drainage to the outfall. The Scope of Services for this task shall include the following: • Drainage Analysis, • Drainage Plans, • Environmental Permitting and • Surveying. Basic of Compensation/Period of Services: The above referenced description for CSA #1 and the work describe in the attached Fee Proposal dated May 5, 2021 will be performed for a fee in the amount of $38,633.00. AGREED: VENDOR: Date: David Stickles Vice President Johnson, Mirmiran & Thompson, Inc. Attest: Jeanette Williams, MMC, City Cleric CITY OF SEBASTIAN: Date: Paul E. Carlisle City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Manny Anon Jr., Esq., City Attorney 161 of 169 1 0 1 FYI NO T Turning Visions into Realities May 5, 2021 Mr. Phillip Patnode Assistant Stormwater Utilities Director City of Sebastian - Stormwater Utilities Division 1225 Main Street Sebastian, FL 32958 RE: Fee Proposal for RIVIERA AVE. AND GARDENIA ST. DRAINAGE IMPROVEMENTS JMT Job No 20-03637-001 Client Ref No. RFQ 21-01 Continuing Engineering Services Dear Mr. Patnode: Johnson, Mirmiran & Thompson (JMT) is pleased to submit our flee proposal for providing professional engineering services associated with the filling of an existing ditch between Gardenia St. and Evernia St. from Riviera Ave. to the outfall just north of Chelsea Ave. This will also include the addition of a storm drain system and shallow swale to maintain positive drainage to the outfall. The Scope of Services for this task shall include the following: • Drainage Analysis • Drainage Plans • Environmental Permitting • Surveying The proposed Lump Sum fee estimate for providing these services is $38,633.00. Kindly note this fee does not include any permitting fees that may be associated with the proposed improvements; the City will be responsible for reimbursing JMT for permitting fees or may send compensation directly to the appropriate agency. If you have any questions or need further information, please do not hesitate to contact me at 954-993- 9443 or ibaimel dC imt.com. Very truly yours, JOHNSON, MIRMIRAN & THOMPSON, Inc. Joshua Baimel, P.E. Project Manager JBljb O 3731 Oleander Avenue, Suite 108 Fort Pierce, FL 34982 L. (772)-448-4459 Qj wwvv.jmt.corn 162 of 169 Scope of Services Drainage Improvement Design 4/21/2021 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES DRAINAGE DESIGN This Exhibit forms an integral part of the agreement between the City of Sebastian (hereinafter referred to as the CITY or CITY OF SEBASTIAN) and j[Johnson, Mirmiran & Thompson, Inc. 3731 Oleander Avenue Suite 108, Fort Pierce, FL, 34982]! (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Capital Improvement Project ID: N/A Federal Aid Project No.: N/A County Commissioner District No.: N/A Name and Limits: Riviera Ave. and Gardenia St. Drainage Improvement Speed Design/Posted: N/A Functional Classification: N/A Design Vehicle: N/A Bridge No(s): N/A Rail Road Crossing No: N/A I PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the CITY in connection with the final construction documents, for improvements to the drainage facility described herein. Major work mix includes: Drainage improvement to fill existing ditch Major work groups include: Drainage, Environmental Minor work groups include: Survey The general objective is for the CONSULTANT to perform final construction documents, supporting engineering analysis, calculations, and other technical documents in accordance with CITY OF SEBASTIAN policy, procedures, and requirements. The CONSULTANT shall conduct final design and engineering for the filling of the ditch from Riviera Ave. to the outfall north of Chelsea Ave. between Gardenia St and Evernia St. It will also include the addition of stormdrain and/or French drain at the newly filled ditch location. The Scope of Services establishes which items of work in the FDOT Standard Plans and other pertinent manuals are specifically prescribed to accomplish the work included in this contract, and also indicate which items of work will be the responsibility of the CONSULTANT and/or the CITY. A-4 163 of 169 Scope of Services Drainage Improvement Design 4/21/2021 The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original concepts may be required. The CONSULTANT shall incorporate these refinements into the design and consider such refinements to be an anticipated and integral part of the work. This shall not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the CITY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file. CONSULTANTS are expected to know the laws and rules governing their professions and are expected to provide services in accordance with current regulations, codes and ordinances and recognized standards applicable to such professional services. The Consultant shall provide qualified technical and professional personnel to perform to CITY standards and procedures, the duties and responsibilities assigned under the terms of this agreement. The Consultant shall minimize to the maximum extent possible the CITY's need to apply its own resources to assignments authorized by the CITY. The CITY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of contract documents, including Construction documents. The CITY's technical reviews are for high-level conformance and are not meant to be comprehensive reviews. The CONSULTANT shall be fully responsible for all work performed and work products developed under this Scope of Services. The CITY may provide job - specific information and/or functions as outlined in this contract, if favorable. A-5 164 of 169 Scope of Services Drainage Improvement Design 4/21/2021 2 PROJECT DESCRIPTION The CONSULTANT shall investigate the status of the project and become familiar with concepts and commitments (typical sections, alignments, etc.) developed from prior studies and/or activities. If a Preliminary Engineering Report is available from a prior or current study, the CONSULTANT shall use the approved concepts as a basis for the design unless otherwise directed by the CITY. The CONSULTANT shall provide professional engineering services associated with the filling of an existing ditch between Gardenia St. and Evernia St. from Riviera Ave. to the outfall just north of Chelsea Ave. This will also include the addition of a storm drain system and shallow Swale to maintain positive drainage to the outfall. The City expects the Consultant to perform final design and engineering including construction documents, supporting engineering analysis, calculations, and other technical documents in accordance with the City of Sebastian's policies, procedures and requirements. 2.1 Project General and Roadway (Activities 3, 4, and 5)- N/A 2.2 Drainage (Activities 6a and 6b) System Type: Existing system is open channel discharging to 42" cross drain under Evernia St. The general goals for the project drainage are as follows: • Fill in the existing ditch to eliminate recurring maintenance problems • Provide storm drain system with ditch bottom inlets spaced appropriately • Analyze existing conditions and elevations to evaluate the possibility of a shallow surface swale to promote positive drainage to ditch bottom inlets • Ensure backyards are not adversely impacted by the removal of the existing ditch The CONSULTANT shall gather floodplain data from Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, and other drainage related data needed to obtain permits from relevant sources including other local government, local agencies, and regulatory agencies. The CONSULTANT shall perform field reviews and provide photographs of any drainage concerns found during or following a storm event. Photograph locations and directions shall be shown on a copy of the drainage plan sheets or a plan view aerial. The rainfall depth, duration, and date shall be documented for the storm event. The CONSULTANT shall assess the existing conditions and potential impacts to adjacent properties resulting from the project. The CONSULTANT shall review all existing drainage features for safety and structural defects. The drainage inventory should be prepared based on CITY design preferences and shall include pictures of the structures with safety or structural issues. The CONSULTANT shall be responsible for designing the drainage and stormwater management systems. All design work shall be in compliance with the City of Sebastian standards and the A-6 165 of 169 Scope of Services Drainage Improvement Design 4/21 /2021 requirements of the regulatory agencies. This work will include the preliminary engineering analysis necessary to design any or all of the following: ditches, storm sewers, and elements of systems as required for a complete analysis. A Pre -Application meeting will take place to determine the level of permitting for final design. 2.3 Utilities Coordination (Activity 7) — N/A 2.4 Environmental Permits, Compliances, and Clearances (Activity 8) The CONSULTANT shall collect information necessary to determine and delineate the boundaries of wetlands and surface waters and to flag the seasonal high-water elevation boundaries within the identified wetlands, as needed The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that future design efforts are properly directed toward permit requirements. It is anticipated that (i) an individual Environmental Resource Permit (ERP) will be required from the St. Johns River Water Management District (SJRWMD) due to the proposed impacts to surface waters, and (ii) permit will not be required from the U.S. Army Corps of Engineers (USACE) or Florida Department of Environmental Protection (FDEP). The CONSULTANT shall provide a preliminary review of data and reports to confirm permits required. The CITY shall be responsible for any permit fees and may elect to pay said fees directly to the relevant agency or reimburse the CONSULTANT for said fees. 2.5 Structures (Activities 9 —18) — N/A 2.6 Signing and Pavement Markings (Activities 19 & 20) - N/A 2.7 Signalization (Activities 21 & 22) — N/A 2.8 Lighting (Activities 23 & 24) — N/A 2.9 Landscape Architecture (Activities 25 & 26) N/A 2.10 Survey (Activity 27) Design Survey: All necessary Design Survey tasks will be provided by the CONSULTANT, through the project contract. The CONSULTANT shall provide horizontal and vertical project control; recover/re-establish the historic alignments; reference the alignments and all control points; provide 3D topographic/DTM survey through the project limits; provide check cross sections to verify the accuracy of the DTM; provide void area densification; provide jurisdictional survey; and provide a drainage survey. The CONSULTANT shall provide all survey in horizontal datum NAD83/2011 and vertical datum NAVD88. The CONSULTANT shall provide conversion factor from NGVD29 to NAVD88 at each end of the project. The limits of the topographic/DTM survey will be: A-7 166 of 169 Scope of Services Drainage Improvement Design 4/21/2021 1. The ditch lying in an approximately 35 foot wide corridor (17.5 foot each side) running along the rear lot line of Lots 1 through 16 (inclusive) and Lots 19 through 34 (inclusive), Block 164, SEBASTIAN HIGHLANDS, as recorded in in Plat Book 5, Page 102, Public Records of Indian River County, Florida, and 10 lateral ditches/swales draining from Gardenia Street and Everina Street into the primary ditch. The final Survey Line shall be recorded in field books furnished by the CONSULTANT. Field books shall be 6-1/2" by 8-3/4" cross section book with 10 by 10 grid on both sides of opening. The methodology that is proposed to perform and prepare the topographic/DTM survey is the discretion of the CONSULTANT. This methodology must be approved by the County Surveying and Mapping Dept., the County Location Surveyor, or his designee. When utilizing conventional survey instruments and technologies, the CONSULTANT shall follow the FDOT Surveying Procedure, Topic No. 550-030-101. If Terrestrial Static LiDAR instruments and technologies are utilized, the CONSULTANT shall follow the applicable FDOT Terrestrial Mobile LiDAR Surveying & Mapping Guidelines, dated July 1, 2015. Subsurface Utility Exploration: CONSULTANT shall perform Subsurface Utility Exploration (S.U.E.) as needed to determine utility impacts. Right of Way Survey: All necessary Right -of -Way Survey tasks will be provided by the CONSULTANT. 2.11 Photogrammetry (Activity 28) N/A 2.12 Mapping (Activity 29) N/A All necessary Mapping tasks will be provided by the CONSULTANT. Control Survey Map: N/A Right of Way Map: The CITY will provide existing right of way maps. Legal Descriptions: N/A Maintenance Map: N/A Miscellaneous Items: Horizontal Datum: NAD83199 or later, Vertical Datum: NAVD88. The CONSULTANT is to contact Chris Snyder, (813)3074782 Hillsborough County Geomatics Section for Survey & Mapping Manual. 2.13 Terrestrial Mobile LiDAR (Activity 30) N/A 2.14 Architecture (Activity 31) N/A 2.15 Noise Barriers (Activity 32) N/A 2.16 Intelligent Transportation Systems (Activities 33 & 34) N/A 2.17 Geotechnical (Activity 35) — N/A 2.18 Project Schedule A-8 167 of 169 Scope of Services Drainage Improvement Design 4/21/2021 Within fourteen (14) calendar days after the Notice to Proceed, the CONSULTANT shall submit to the CITY a detailed project activity / event schedule for CITY and CONSULTANT scheduled activities required to meet the current CITY Production Date. The scheduled time is not to exceed 560 calendar days. Said schedule shall be prepared showing all precedents relationships and dependents, portions of the work including receivables, CITY review periods, public meetings, etc. Periodically, throughout the life of the project, the schedule may be reviewed and adjusted as necessary to incorporate progress to date. For purposes of scheduling the CONSULTANT shall allow twenty-one (21) calendar days of CITY review time for the 100%, and 21) calendar days of CITY review time for the final construction plans. Following approval of a new schedule, prior schedules become null and void. The schedule shall be accompanied by an anticipated payout and fiscal progress curve. The schedule shall indicate all required submittals, and list at a minimum: i. 100% and Final construction plans All fees and price proposals are to be based on the negotiated schedule of 18 months, or sooner, for Preliminary Plans. However, the contract deadline is 24 months from the Notice to Proceed, to allow for final design and post design construction services. Periodically, throughout the life of the contract, the project schedule and budget may be reviewed and, with the approval of the CITY, adjusted as necessary to incorporate changes in the Scope of Services and progress to date. The approved schedule and schedule status report, along with progress and budget, shall be submitted with the monthly progress report. 2.19 Submittals The CONSULTANT shall furnish Final Design documents as required by the CITY to adequately control, coordinate, and approve the work concepts. Design plans shall be submitted at the 100% phase of the project. The CONSULTANT shall submit to the CITY, with monthly invoices, a Progress Report reflecting the project status, in terms of the total work effort estimated to be required for completion of the Scope of Services, as of the last day of the preceding month or the invoicing period. The report shall list work items, the percentage complete of each item, the percentage of total work effort represented by each item, and the percentage of total work effort completed and remaining. 2.20 Provisions for Work All work shall be prepared with English units in accordance with the latest editions of standards and requirements utilized by the CITY which include, but are not limited to, publications such as: A-9 General 0 Title 29, Part 1910, Standard 1910.1001, Code of Federal Regulations (29 C.F.R. 1910.1001) — Asbestos Standard for Industry, U.S. Occupational Safety and Health Administration (OSHA) 0 29 C.F.R. 1926.1101 — Asbestos Standard for Construction, OSHA 0 40 C.F.R. 61, Subpart M - National Emission Standard for Hazardous Air Pollutants (NESHAP), Environmental Protection Agency (EPA) 168 of 169 low�s It R. zn-11. fiamng Ave ion y O'i c UJ d ark. RJlveT County _ fv1ed Society` Y - yt r :1 ,; M.l , 19. � a �i — F The City Manager will ask for the attached settlement agreement to be added to the agenda. an,� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 26 May 2021 Agenda Item Title: ED DODD. Individually and as Mavor of the Citv of Sebastian, Florida: PAUL CARLISLE. Individually and as Citv Manager of the Citv of Sebastian, Florida: and MANNY ANON, JR., Individually and as Citv Attornev of the Citv of Sebastian. Florida. Plaintiff. v. CHARLES M. MAUTI: DAMIEN H. GILLIAMS: and PAMELA PARRIS. Defendants, v. MICHAEL BARFIELD: and BARBARA PETERSEN. Plaintiff -Intervenors. v. CHARLES M. MAUTI; DAMIEN H. GILLIAMS: PAMELA PARRIS: and CiV of Sebastian, Defendants., Case No. 31-2020-CA-000269 (19 Circuit Court, Indian River County). Recommendation: Approve the Settlement Agreement. Backaround: The City of Sebastian is currently in litigation against MICHAEL BARFIELD and BARBARA PETERSEN, as Intervenors regarding a Sunshine Law violation against CHARLES M. MAUTI, DAMIEN H. GILLIAMS, and PAMELA PARRIS that occurred on April 22, 2020. The Parties have a mutual interest in avoiding unnecessary litigation and have come to an agreement for settlement of all issues in this case. There is no monetary cost associated with this settlement to the City of Sebastian because the Insurance company will cover the amount. If Agenda Item Reauires Exoenditure of Funds: $0 Attachments: 1. Settlement Agreement; 2. ExhibitA —Joint Agreement For Dismissal With Prejudice; and 3. Exhibit B — General Release of All Claims Administrative Services Departme t�Review, City Attorney Review: Procurement Division Review, ifa011 cable: City Manager Autho ization: f�W Date: .24 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement") is entered into by and between, Michael Barfield and Barbara Petersen (the "Intervenors") and the City of Sebastian, a Florida municipality ("City"). WHEREAS, a civil action has been filed against the City in the Nineteenth Judicial Circuit Court in and for Indian River County, Florida, styled as: Michael Barfield and Barbara Petersen v. City of Sebastian, et al, Case Number: 31-2020_ CA-000269 (the "Action"); and, WHEREAS, the Action arose out of events occurring on April 22, 20201, involving Charles M. Mauti, Damien H. Gilliams and Pamela Parris, while the individuals were City Council members for the City; and, WHEREAS, the parties have agreed to a settlement and compromise of the claims brought in the Action and desire to resolve the dispute between them in accordance with this Agreement; and, WHEREAS, the rights and responsibilities set forth in this Settlement Agreement are solely for the benefit of the City and the Intervenors and/or any heirs or assignees of the Intervenors and shall not in any way be construed for the benefit of any unintended third parties and shall not in any way be construed as a waiver of claims against Charles M. Mauti, Damien H. Gilliams and Pamela Parris, nor shall anything in this Agreement entitle third parties to a setoff. NOW THEREFORE the parties hereto agree as follows: I. Effective Date. This Agreement will become effective when at least one identical counterpart of this Agreement is executed by each of the parties and delivered to the other party or, alternatively, when this Agreement has been fully executed by both of the parties. Such date is called the "Effective Date". II. Consideration. A. Obligations of the Citv. Within ten (10) days of the Effective Date, the City shall remit payment, through its insurance carrier, to the Intervenors, in the amount of Fifteen Thousand and 00/ 100 Dollars ($15,000.00). B. Obligations of the Intervenors. No later than three (3) business days after the condition set forth in Section II A has been fully satisfied, the Intervenors shall cause a Joint Agreement for Dismissal, the form of which is attached hereto as Exhibit "A", to be filed in Case Number: 31-2020-CA-000269, styled. as Michael Barfield and Barbara Petersen v. City of Sebastian, et al, and shall provide the City with a fully executed Release, the form of which is attached hereto as Exhibit "B". III. General Provisions. A. No Admission of Liability. This Agreement represents an accord and satisfaction of contested claims and, affects the settlement of such claims, all of which are denied and contested, and nothing contained in this Agreement will be construed as an admission by either of the parties of any liability or wrongdoing in connection with the Action. B. Entire Agreement. This Agreement contains the entire agreement and understanding between the parties concerning the subject matter. No provision of this Agreement may be; waived unless in writing and signed by the party or parties against whom the same; is offered. This Agreement may not be altered, amended, or otherwise changed or modified, except in writing and signed by the party or parties against whom the same is offered. The requirements of this section may not be modified except by a writing that complies with the requirements hereof. C. Choice of Law and Jurisdiction. The Agreement shall be governed by the laws of the State of Florida without regard to choice of law rules. D. Legal Advice/Leaal Fees and Costs. Each Party has had the opportunity to consult with independent legal counsel with respect to the advisability of making this Agreement. Each Party has read and fully understands all of the provisions of this Agreement, and is voluntarily entering; into this Agreement. Each party agrees to bear its own attorney fees and costs incurred in connection with the Action. Each party also agrees to bear its own attorney fees and costs incurred in the preparation of this Agreement, and execution of all conditions outlined therein. E. Enforcement. Either party has the right to enforce the provisions of this Agreement through a cause of action in the circuit court for any appropriate legal remedy, including, but not limited to, specific performance. The sole exclusive and mandatory venue to enforce this Agreement is in the circuit court of the Fifteenth Judicial Circuit in and for Indian River County, Florida. Each party consents and voluntarily submits to the personal jurisdiction of such court and agrees to waive any claim regarding: (a) jurisdiction over that party; (b) that venue is improper; or (c) that there would be a more convenient forum. F. Severability. If any part of this Agreement is void or otherwise invalid, such invalid or void portion will be deemed to be separate and severable from the balance of this Agreement, and will be given full force and effect as though the void or invalid provisions had never been a part of the Agreement. G. Construction. Each term and provision of this Agreement shall be construed and interpreted so as to render it enforceable. This Agreement shall be deemed to have been drafted jointly by the parties; accordingly, any rule pertaining to the construction of contracts to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement or of any modification of or amendment to this Agreement. H. Execution in Counterparts. This Agreement may be executed in counterparts and, if so executed, all counterparts collectively will constitute one agreement binding on all Parties. I. Electronic Signatures. Faxed and emailed signatures shall be deemed originals. J. Notices. Any notice or notices required or permitted by this Agreement or that shall be given by reason of this Agreement shall be in writing and shall be delivered to the last attorney of record for each of the parties in the manner and at the address required for service of pleadings and papers, except that electronic mail notices shall be effective only if separately acknowledged by the person to whom the notice is given. K. Assienability. This Agreement shall inure to the benefit of and shall be binding upon all parties hereto, including any heirs, administrators, legal representatives, successors, assigns and/or subsequent purchasers or owners. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates noted opposite their names. MICHAEL BARFIELD STATE OF F�LQ RIDA COUNTY O16ckkS�* The foregoing instrument was acknowledged before me by means of�j physical presence or [ ] online notarization of Michael Barfield, who is� personally known to the or who produced as identification, and who did/did not take an oath this day of , 2021. (Notary Seal) —A Notary Public a llotary Public Stale of Florme Sharon MenascoMy Commpssmr GG IF0256 Exnues 12"52. 21 BARBARA PETERSEN, by her Attorney & RUTA, P.A. 18 Wall Stfeet P.O. Box 3826 Orlando, FL 32802-3826 Tel: (407) 839-6227 Fax: (407) 648-1190 bcrservicena.bcrlaw.net (Primary) victorna.bcrlaw.net (Secondary) lori aabcrlaw.net (Secondary) Attorneys for Plaintiffs -Intervenors By: Victor L. Chanman Victor L. Chapman Florida Bar #0407429 CITY OF SEBASTIAN, FLORIDA D Paul E. Carlisle, City Manager Dated: ATTEST: Jeannette Williams, MMC City Clerk EXHIBIT "A" IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA ED DODD, Individually and as Mayor of the Case No. 31-2020-CA-000269 City of Sebastian, Florida; PAUL CARLISLE, Individually and as City Manager of the City of Sebastian, Florida; and MANNY ANON, JR., Individually and as City Attorney of the City of Sebastian, Florida, Plaintiffs, V. CHARLES M. MAUTI; DAMIEN H. GILLIAMS; and PAMELA PARRIS, Defendants. MICHAEL BARFIELD; and BARBARA PETERSEN, Plaintiff -Intervenors, V. CHARLES M. MAUTI; DAMIEN H. GILLIAMS; PAMELA PARRIS; and CITY OF SEBASTIAN, a Florida municipality, Defendants. JOINT AGREEMENT FOR DISMISSAL WITH PREJUDICE The Parties hereto, by and through their undersigned counsel, represent to the Court that this matter has been amicably settled and would jointly request entry of a Final Order of Dismissal With Prejudice as to the City of Sebastian in this matter. DATED this day of EXHIBIT "A" Florida Bar No.: Barrett, Chapman & Ruta, P.A. 18 Wall Street Orlando, Florida 32802 Telephone: (407) 839-6227 bcrservice(a.bcrlaw.com; victor(abcrlaw.com; loriAbcrlaw.com Attorneys for Plaintiffs -Intervenors , 2021. EXHIBIT "A" Sherry G. Sutphen Florida Bar No.: 399681 Bell & Roper, P.A. 2707 E. Jefferson Street Orlando, Florida 32803 Telephone: (407) 897-5150 Email: ssuwhen(a,bellroverlaw.com Secondary Email: kreed(@,,bellroverlaw.com Attorney for Defendant, City of Sebastian EXHIBIT "B" GENERAL RELEASE OF ALL CLAIMS DEFINITIONS A. As used in this General Release and Settlement of Claim the term "Intervenors" shall mean Michael Barfield and Barbara Petersen, as well as their respective heirs, executors, administrators, personal representatives, successors and assigns, singular or plural, whereever the context so admits or requires. B. As used in this General Release and Settlement of Claim the term "City" shall mean the City of Sebastian, a municipal corporation of the State of Florida, as well as its past, present and future agents, agencies, officials, commissioners, employees, boards, representatives, attorneys, successors and assigns in both their individual and official capacities and any entity or person in privity with them jointly or severally, singular or plural, whereever the context so admits or requires, except to the extent such refer to or include Defendants CHARLES M. MAUTI DAMIEN H. GILLIAMS; and PAMELA PARRIS who are exempted from this release per paragraph 7 below. C. As used in this General Release and Settlement of Claim the term "Insurer" shall mean Preferred Governmental Claim Services, and any other subsidiary or division of said entities, as well as their agents, employees, representatives, attorneys, successors or assigns. RECITALS WHEREAS, on May 14, 2020, the Intervenors filed a civil action against the City in the; Nineteenth Judicial Circuit Court in and for Indian River County, Florida, styled as: Michael Barfield and Barbara Petersen v. City of Sebastian, et al, Case Number: 31-2020-CA-000269, hereafter "Lawsuit"; and WHEREAS, during the time period of the claims set forth in the Lawsuit, there was in force and effect a policy of liability insurance between the Insurer and the City which provided coverage for this type of claim; and WI IEREAS, the City and the Insurer have denied any wrongdoing and any liability for the allegations which were the subject matter of the Lawsuit; however, are desirous of compromising in order to settle this claim, in good faith, and to avoid further litigation and attendant costs solely as the claims relate to the City; and WI IEREAS, the Intervenors have agreed to accept the valuable consideration set forth in the Settlement Agreement between the parties as full compromise and settlement of any and all claims that the Intervenors may have, whether now not known or contemplated, against the City and Insurer, solely arising out of or resulting from the above described Lawsuit, including attorney's fees, expert fees and costs associated with same and further agrees that upon execution of this General Release and Settlement of Claim, the Intervenors will dismiss the Lawsuit with prejudice and agree to execute all documents and take all other necessary steps to bring about dismissal of the Lawsuit with prejudice. NOW THEREFORE know all men by these presents, that the Intervenors hereby declare the above recitals as true and correct and that for and in exchange for good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, they do hereby remise, release and forever discharge the City and the Insurer, except as set forth below, of and from all manner of action and actions, cause and causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands, whatsoever, in law or in equity, which the Intervenors ever had, now have or which any personal representative, successor, heir or assign of the Intervenors hereafter can, shall or may have, against the City and/or the Insurer, by that certain Lawsuit referenced above, and the facts arising from or related to the Lawsuit, and including, but not limited to, any and all tort claims, contract claims, claims for compensatory damages, injunctive relief, declaratory relief, punitive damages, interest, costs, attorneys' fees, civil rights violations, federal claims, state, statutory or common law claims and loss of enjoyment of property. The Intervenors further acknowledge, warrant and agree that: GENERAL RELEASE 1. This General Release shall not be construed as an admission of liability or responsibility by the City or the Insurer but is rather a compromise settlement of a disputed claim, designed to avoid further litigation and attendant costs. The City and the Insurer specifically deny liability for the claims brought by the Intervenors and deny any wrongdoing whatsoever. 2. That this is a General Release of all Claims and the Intervenors expressly waive and assume the risks of any and all claims for damages which exist as of this date, which the Intervenors does not know or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise and which if known, would materially affect the Intervenors decision to enter into a settlement and provide this General Release. The Intervenors have accepted payment of the sums specified herein along with other good and valuable consideration as a complete: compromise of the matters involving disputed issues of law and fact. The Intervenors assume the; risk that the facts or law may be other than the Intervenors currently believe or understands. 3. The Intervenors warrant that no promises or inducements not herein expressed have been made, that the aforementioned settlement terms are in full compromise and settlement and full satisfaction of all aforesaid actions, claims and demands, whatsoever, that this Release is given in good faith and discharges the City and the Insurer from all liability for contribution to any other alleged tortfeasor or any entity with condemnation authority, that the undersigned is of legal age and legally competent to execute this Release, has read the contents of this Release and has been adequately represented by counsel, of their own choice, and sign this General Release with full knowledge and appreciation of its meaning. 4. In the event that the City or the Insurer should be required to defend any suit, claim, action, or proceeding filed by or on behalf of the Intervenors in violation of this General Release, the Intervenors shall be liable to the City for all fees of attorneys, paralegals and legal assistants and costs and expenses incurred in defending same, up to and including any and all appeals. 5. This General Release is to be construed and governed under the laws of the State of Florida and shall bind the Intervenors and their respective heirs, estates, successors and assigns. If any one or more provisions of this General Release shall be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 6. This General Release may be pleaded as a full and complete defense against any action, suit or proceeding that may be prosecuted, instituted or attempted by the Intervenors which the Intervenors have waived or released herein. 7. All above terms of this Release notwithstanding, the Intervenors do not release any claims against Defendants CHARLES M. MAUTI, DAMIEN H. GILLIAMS and/or PAMELA PARRIS, nor do they release the Insurer for any claims related to the claims against these individuals. It is the express intent of the Parties to this Release that it apply solely and exclusively to the City and to the Insurer only to the extent of the claims against the City. Executed this day of , 2021. SIGANTURES ON FOLLOWING PAGE MICHAEL BARFIELD EXHIBIT "B" STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization of Michael Barfield, who is personally known to me or who produced as identification, and who did/did not take an oath this day of , 2021. (Notary Seal) Notary Public BARBARA PETERSEN EXHIBIT "B" STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization of Barbara Petersen, who is personally known to me or who produced as identification, and who did/did not take an oath this day of , 2021. (Notary Seal) Notary Public