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Home My WebLink About08-25-2021 CC Agenda�m �r SIERASM"-�� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 25, 2021 — 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. INVOCATION 3. PLEDGE OF ALLEGIANCE — Led by Council Member Nunn 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. Proclamation - Hunger Awareness Month — September 2021 — Accepted by Dana Trabulsy, Treasure Coast Community Food Bank pgs 5-12 B. Presentation by Gehring Group, City Insurance Consultants; Employee Health, Dental, Vision Insurance for FY21122 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. 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 cn 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 13-15 A. Approval of Minutes — August 10, 2021 Regular City Council Meeting B. Formal Approval of Employee Group Health, Dental and Vision Insurance Policies for the Year Beginning October 1, 2021 (Transmittal, Summary, PPT) 1 of 67 pgs 16-18 C. Approve the Sebastian Police Department's Community Night Out Road Closure and Use of Mobile Stage Request at Riverview Park on October 14, 2021 from 5:00 p.m. to 7:00 p.m. (Transmittal, Application, Map) pgs 19-22 D. Approve Sebastian River High School Homecoming Parade Road Closure and Use of Mobile Stage at Riverview Park on October 20, 2021 at 6:00 p.m. (Transmittal, Application, Agreement) pgs 23-24 E. Approve Wreaths Across America Special Event at the Sebastian Municipal Cemetery and Veterans' Memorial Park on December 18, 2021 (Transmittal, Application) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS 11. UNFINISHED BUSINESS pgs 25-45 A. Presentation of Draft FY 2021-22 Budget and Capital Program (Transmittal, PPT) (Draft Budget Available at: httr)s://www.citvofsebastian.oralDocumentCenter/View/1345/20210818 Draft FY22 Budget?bidid 12. NEW BUSINESS pgs 46-53 A. Resolution No. R-21-16 - Children's Trust District. a Deoendent Soecial Taxina District of the Board of Countv Commissioners of the Indian River County (Transmittal, R-21-16, F.S.125.01(5)(a)) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5)(a), FLORIDA STATUTES, GRANTING APPROVAL TO THE INCLUSION OF THE INCORPORATED AREAS OF THE CITY OF SEBASTIAN WITHIN THE PROPOSED CHILDREN'S TRUST DISTRICT, A DEPENDENT SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 54-63 B. Approve Continuing Engineering Services Agreement #2 from Kimley-Horn and Associates, Inc. (KHA) for Boundary and Topographic Survey of the Riverview Park Event Complex in the Amount of $42,800 (Transmittal, CSA #2, KHA Proposal) pgs 64-67 C. 2022 Legislative Priorities for Presentation at the September 8, 2021 Indian River County Delegation Meeting (Transmittal, Draft) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 2 of 67 16. CITY COUNCIL MATTERS A. Council Member Nunn B. Mayor Dodd C. Vice Mayor Hill D. Council Member Jones E. Council Member McPartlan 17. 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 THIS 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) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCES 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,zoorn.us/j/88554156572 Or One tap mobile : US: +13126266799„88554156572# or +19294362866„88554156572# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 885 5415 6572 International numbers available: https:Hus02web.zoom.us/u/k3nLkjymq 3 of 67 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34 Reqular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public lnput 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. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 67 afta SE-V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 25, 2021 AGENDA ITEM TITLE: Formal Approval of Employee Group Health, Dental and Vision Insurance Policies for the Year Beginning October 1, 2021. RECOMMENDATION: Approve Extension of Employee Group Insurance Policies. BACKGROUND: The City's Insurance Broker, the Gehring Group, will present information supporting renewal of our current providers of employee group insurance policies under the Presentation section of this agenda. This follows negotiations conducted with the current insurance companies on the costs of renewal premiums. The recommendation is for approval to renew the current policies with the Florida Blue Options Program for Health Insurance and with Humana for Dental and Vision. There is a 4.5% increase in premiums for Health Insurance, which is the majority of the costs. The City and Employees will see an increase in the Health Insurance Premiums. There is no increase to premiums for Dental and Vision insurance. The Life Insurance premium is increasing by 5.8%. Them is a $49,481 increase from last year's combined annual premium. Staff is pleased with amount of premiums for the renewals and recommends approval. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost to the City is $1,637,935 Appropriation Required: None, this is within amounts provided in the Draft 2022 Annual Budget. ATTACHMENT - Cost Summary of Current Programs as Compared to Negotiated Renewal. PowerPoint Presentation Administrative Services Department Rev' City Attorney Review: Procurement Division Review, if applicable: City Manager authorization Date: :�Y- 5 of 67 Employee Benefits October 11 2021 Renewal SE13A�$TL'NN HOME OF PELICAN ISLAND Presented By: GEHRING GROUP EMPLOYEE BENEFITS ! RISK MANAGEMENT Items for Discussion: 1. Employee Benefit Program Summary 2. Industry Overview 3. 2021-2022 Renewal Process 4. Recommendation of Renewal 5. Questions GEHRING GROUP EMPLOYEE BENEFITS I RISK MAN AO EMENT Employee Benefit Program Summary • Medical Insurance Currently with Florida Blue High Deductible Health Plan (HDHP) o $1,500 Employee Only / $3,000 Family Deductible o $4,500 Employee Only / $9,000 Family Out of Pocket Max * City funded Health Reimbursement Account — City funds $2,500 for Employee Only / $5,000 for Family Coverage • Dental and Vision Insurance Currently with Humana • Life, Long Term Disability, and Employee Assistance Program Currently with Lincoln Financial Group C GEHRING GROUP EMPLD"EE UtNt FITS RISK WANAGEMENT Industry Overview • ACA — Patient Centered Research Institute Fee $2.66 per member/year for 2021-22 Plan Year (was $2.54 last plan year) • 2021 Medical inflation at 6%-8% increase and Prescription Inflation at • Carriers factoring in additional load to rates due to COVID and anticipated increases in utilization. Can account for 2%-4% increase to medical premium. • No Surprises Act - Effective for health insurance plan years beginning January 1, 2022. Limits patient payment responsibility for certain unavoidable out -of -network services, prohibits providers and facilities from balance billing patients for those services C GEHRING GROUP EMPLOYEE BENEFITS 1 RISK MANAGEMEw' 2021 =2022 Renewal Process * Medical Insurance: Florida Blue initially proposed 17.9% increase — Gehring Group (GG) negotiated to 4.5% increase with no plan changes • Dental Insurance: — Humana proposed 6% increase on Base and Buy -Up plans — GG negotiated this down to no increase in rates with no plan changes Vision Insurance: — Humana proposed 6% increase GG negotiated this down to no increase in rates with no plan changes - Life, Long Term Disability, and Employee Assistance Program Lincoln proposed 5.8% increase to Basic Life rates ($305) and 5.7% increase to LTD rates ($1,102) No increase to Voluntary Life or EAP with no plan changes GEHRIN41NAG e GGROUP E 2021 w2022 Recommendation • Accept Florida Blue's medical renewal at 4.5% overall decrease — The City currently has high claimants with ongoing conditions. Changing carriers could cause a disruption in ongoing treatment. — The City switched from United Healthcare to Florida Blue in 2017. At the time, United Healthcare was proposing a 21.8°% increase. Since switching to Florida Blue, the City's average increase has been 2.4% • Accept Humana Is dental renewal at no increase guaranteed for 12 months • Accept Humana's vision renewal of no increase guaranteed for 24 months • Accept Lincoln's renewal of 5.8% increase on Basic Life, 5.7% on LTD and 0% on other lines of coverage. Guaranteed for 24 months (, C GEHRING GROUP BENEFITS EMPLOVEE R Questions? L C; GEHRING GROUP / EMPLOYEE BENEFITS RISK MANAGEMEN" kill �'f SESAS"nAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, AUGUST 10, 2021 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Hill led the Pledge of Allegiance. !�ZolowT_ 1111 Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Paul Carlisle City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Police Chief Dan Acosta Police Captain Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 21.068 A. Presentation of Certificate of Completion to Council Member Nunn for the Institute for Elected Municipal Officials Trainina Sponsored by John Scott Dailev Florida Institute of Government and Florida Leaaue of Cities Mayor Dodd presented the certificate to Council Member Nunn for his recenilly completed training. Council Member Nunn said he was grateful to have attended the three day course where he learned more about the State of Florida, how cities work and the whole intricate process. Brief Announcements: August 13 — Sebastian River Area Chamber of Commerce Grill Out Night — Polynesian is the Theme, Coconut is the Fruit! - 5:30 pm - 8:00 pm Mayor Dodd announced the Chamber event. 7. PUBLIC INPUT - None 13 of 67 Regular City Council Meeting August 10, 2021 Page 2 8. CONSENT AGENDA A. Approval of Minutes -- July 28, 2021 Regular City Council Meeting 21.104 B. Approve Alcoholic Beverages for the Dexter Family Event at the Community Center on August 29, 2021 from 10:00 a.m. to 2:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 21.105 C. Approve Alcoholic Beverages for the Carver Family Event at the Community Center on September 18, 2021 from 4:30 p.m, to 10:30 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 21.106 D. Approve Alcoholic Beverages for the Creamer Family Event at the Yacht Club on October 2, 2021 from 5:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member McPartlan and SECOND by Council Member Jones -to approve consent agenda items A-D passed with a unanimous voice vote. (5-0) 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS - None 11, UNFINISHED BUSINESS - None 12. NEW BUSINESS 21.107 A. Award the Invitation to Bid (#21-08) Rebid of CDBG Housing Rehabilitation Project for Six Single -Family Home Units to Island Harbor Custom Builders, KIB Construction Corp., and De La Hoz Builders. Inc. in Amount Not to Exceed $101,676.00 (Transmittal, Bid Tab, Exhibits A-D) The City Manager said this was part of the CDBG funding for housing rehabilitation of six homes and asked Council for approval. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to award the invitation to bid #21-08 for the CDBG Housing Rehabilitation Project. Vice Mayor Hill said it would help the people living in the homes and the community at large. Council Member McPartlan suggested putting the rehabilitation on Channel 25 while it is happening to advertise there are funds available as well as veterans' funds from the Veterans Council of Indian River County. Roll tali: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd -aye Vice Mayor Hill - aye 14 of 67 Regular City Council Meeting August 10, 2021 Page 3 Motion carried. 5-0 13. CITY ATTORNEY MATTERS - absent 14, CITY MANAGER MATTERS The City Manager said the COVID spike was here and asked everyone to take precautions to protect themselves. He also said Sheriff Flowers has been meeting with the cities to plan a joint memorial of the 9111 20'h anniversary at the Veterans Memorial Island Sanctuary and he asked Council for their thoughts on participating. Council Member McPartlan suggested that at the 25'h anniversary, the memorial be held in Sebastian to move the event around. There was no objection to his suggestion. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member McPartlan said the COVI❑ virus was still out there; he lost a colleague last night and heard a 24 year old individual had also died. He said he didn't want to tell people how to live their lives but he asked everyone to be careful. B. Council Member Nunn asked everyone to think about their neighbors and sary hello to your family, and have a good weekend. C. Mayor Dodd announced there is now an automatic door at City Hall to allow those that need assistance access to the building. He also displayed a brochure (see attached) outlining a county -wide eviction mediation program that will provide $10,500 in back rent to landlords so that tenants may stay in their homes. He said more information was available on the County's website or by calling 1-877-HEART95. D. Vice Mayor Hill thanked City staff, the Police Department, and Charter Officers for the hard work they do to provide such an amazing place to live. E. Council Member Jones said he echoed Vice Mayor Hill's comments. He noted his namesake is out in the Caribbean (Tropical Storm Fred) and he hoped it would stay tropical storm strength and miss Florida all together. The City Manager stated the first 2021 Redistricting Plan meeting would be held August 17 in the County Commission chambers at 9:00 a.m. and invited the public to attend. 17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 6:17 p.m. Approved at the August 25, 2021 Regular City Council meeting. Mayor Ed Dodd ATTEST. Jeanette Williams, City Clerk 15of67 Mcf SEBAST�_ V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: August 25, 2021 Aqenda Item Title: Sebastian Police Department Community Night Out Recommendation: Approve Park Usage, Road Closure and Usage of the Mobile Stage (without fee) for the Sebastian Police Department Community Night Out Backqround: Sebastian Police Department is requesting Council approval for park usage, road closures and usage of the mobile stage (without fee) for the 2021 Sebastian Community Night Out event. The event will take place on Thursday, October 14 h from 5:00pm to 7:00pm. The road closures will begin at 3:00pm and last until the event ends and it is safe to resume normal traffic. The road closures necessary are: 1. Sebastian Blvd from US 1 to Indian River Drive 2, Harrison Street, east of the Splash Pad parking entry to Indian River Drive 3. Indian River Drive, from Coolidge Street to the entry of Sportsman's Lodge, If Aqenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: $1,000 to cover staff costs for road closures, event setup/cleanup and Police Department staffing Funds to Be Utilized for Appropriation: Departmental Overtime Staffing Accounts Attachments: 1. Park Permit Application 2. Road Closure Map Administrative Services Department R iew: 1 Af City Attorney Review: Procurement Division Review, if appiica�e: City Manager Authorization: Date: 16of67 Lm SET!. HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, Ill32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, plecrse:41012.473.0454* 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 gox(es): - _Park Event (75 to 300 anticipated attendees) / Special Event (301 or more anticipated attendees) rent $100 Security Deposit - $100 t plus 6.5% tax - $106.50 5200a Security Deposit - $200 rent plus 6.5%tax - $213.00 Will event require road closures "Must provide detailed site plans with application 'lf requesting road ctosures,+lude road cto5ure plan. "Special Evens and Alcohol Beverage Request regtare City Counclt Approval. Date: 09 /n31-;� (i a _ �L€n. r,,5 ., r� a-�: Cam, Ic�l; c? l Jb%�or f,�na2n Name of Permittee (permits miy only be issued to an adult) Name of 6r9anization (if applicable) Physical Address Mailing Address if Different City State Zip Phone E-Mai! / Cq , Dr Requested Date(s) ! Rain Date (if applicable) Time From - o t Anticipated Number of Attendees Reason for Rental =Type of FunctidZl �— Will there be any sale of goods Yes No__ ��// _ (If yes, please describe type of goods on back) Will there be food or other v dors? Yes No__ (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Health Dept. or Fire Dept. permit) the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the prov€stions 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 rules prescribed by the City and agree to the terms thereof. Park Use Permit Application Rev 1.2021 Signature of Applicant 17of67 SEB .AST N -T� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: August 25, 2021 Aaenda Item Title: Sebastian River High School Homecoming Parade Recommendation: Approve road closures, use of Riverview Park and use of the mobile stage (without fee) for the 2021 Homecoming Parade Backaround: Sebastian River High School (SRHS) is requesting Council approval for road closures, use of Riverview Park and use of the mobile stage (without fee) for the 2021 Homecoming Parade. The date for the Parade is Wednesday October 20th, 2021 and will start at 6:OOPM. The road closures necessary are: 1. Indian River Drive; Jefferson Street to Harrison Street, 4PM to line up floats into the Main Street Boat Ramp Parking Lot, until the parade leaves the area at 6PM. Street intersections along the route will be reopened as the parade progresses from North to South. 2. Main Street from US 1 to Indian River Drive; from 4PM until the parade completely leaves the area. 3. Sebastian Boulevard from the Speedway entrance to Indian River Drive; 4PM to the end of the event. 4. Close Main Street Boat Ramp and parking lot at 11 FIM on October 191h, reopen boat ram once the parade clears the boat ramp parking lot on October 20 ". Variable message boards will be placed on US1 and Main Street, at both Boat Ramps and parking lots to notify boaters of the closures. Parade staging will be at the Main Street Boat Ramp parking lot. If Aaenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: $750 to cover staff costs for road closures Funds to Be Utilized for Appropriation: General Fund Departmental Overtime Attachments: 1. Park Permit Application 2. Mobile Stage Hold Harmless Agreement Administrative Services Department Review, I City Attorney Review: f Procurement Division Review, if applicable: nI City Manager Authorization Date: �( �� /fir 19of67 On L* SE" HOME OF PELICAN [SLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 3SM249 *For emergency purposes QNLY 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 Deposit - $100 rent plus 6.5%tax - $106.% $200 Security Deposit - $200 rent plus 6.5% tax - $213.00 YC.s Will event require road closures 'Must provide detailed site plan with appilcation. *if requesting road closures, include road closure plan. *Special Events and Alcohol Beverage Request require City Council Approval. Date: �SL 11b / zl r In [ t? vvj S I�b 1��x4� Z�„�I' �t � �C Name of Permittee (permits may only be sued to an adult) Name of Organization (if applicable) qoD ( )hay- I- ij -t4 PhysicalAddress �(V 1�P 1 )-`L`S�Cu� C—C 32GI�U City State Zip x j zo Requested Date(s) Time From -To Reason for Rental = Type/Of Function SPIAN�_+✓ Mailing Address if Different 11 y --7 7 Z_) I - yl7C (_hi IsiiPykee-. Co r'V"t.ryv f ia_ a•t'(w'°"Y�rcrsch,c;s. ``Phone E-Mail Rain Date (if applicable) [, vG}v Anticipated Number of Attendees Will there be any sale of goods? (If Yes, please describe type of goods on back) Yes �__ (lvi� _ Will there be food or other ven ors? Yes— No (If yes, please list name, address of each on back with descnptlan and schem erected or otherwise assembled on back. (May require Health Dept. or Fire Dept, permit) I, �is5hn/mow �tifYvtY`k� the undersigned, acknowledge that I am the applicant or authorized agent of th abo aware of the provisions of the City of Sebastian codes in respect to this appii -.a d use of City facilities for a ich Park Event or Special Event. I have been provided with the general rules pres ' ed b the C n agree to the to s 1l Signatur of Applicant Park Use PetTnit Application Rev 1.2021 structures (tents, etc.) to be organization. I am for a permit for a 20 of 67 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information on this page INAME ADDRESS t. A7S �r I I 1 I I l I 4 4 I I TYPE eul OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: Park Use Permit Application Rev 1.2021 7 21 of 67 rnv of 41,65 HOME OF PELICAN ISLAND Leisure Services Department 1225 Main Street, Sebastian, FL 32958 Phone:772.228.7057 Fax:772.388.8249 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR USE OF MOBILE STAGE The (renter/lessee) Name:n,�i�i�"".N� Address: 9t1�t �'( I' ill"Ot City: se-�s'bc'n - State: �— Zip Code Shall indemnify and hold the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action whicharise out of he use and t contractors, agents, its Tamil of the property by the (renter/lessee), y, a sac ates employees, customers and attendees. Agreed to this / e" day of CITY OF SEBASTIAN. Signed: Print name: RENTER/LESSW�' Signed: Print Name: nh' nry.Yni/7 S 20 � 22 of 67 LM Of { HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: August 25, 2021 Aqenda Item Title: Wreaths Across America Special Event Approval Recommendation: Staff recommends approval of the Wreaths Across America Event Backqround: Wreaths Across America would like to lay wreaths in honor of our veterans in the Sebastian Cemetary and then have a ceremony at the Veteran's Memorial on Saturday, December 18, 2021 If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Park Use Permit Application Administrative Services Department Revi w: City Y Attorne Review: Procurement Division Review, if applicable: City Manager Authorization Dater 23 of 67 LIR Cf 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) Speciai Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax - $106.S0 $200 Security Deposit - $200 rent plus 6.S% 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. Date:— �/� 20 -P- / Name of Permiittee (permits may only be issued to an adult) Name of Organization (if applicable) -f- Physical Address Mailing Address if Different City state Zip Phone E-Mail Gc� i2`/V �v2I Requested Date(s) Rain Date (if applicable) Time From -To Anticipated Number of Attendees Reason for Rental = Type of Function Will there be any safe of goods? Yes No 1 (If yes, please describe type of goods on back) Wiil there be food or other vendors? Yes No V (If yes, please list name, address of each on back with description and schematic of structures (tents, (tc.) to be erected or otherwise assembled on back. (May require Health Dept. or Fire Dept. permit) I, /7 'G -.,. ,r Lr,• , , the undersigned, acknowledge 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 rules prescribed by I. e City and agree to the terms thereof gignature of Applicant Special E vent/Park Use Application Rev 01,2021 24 of 67 CF CRct ! HOMEOFPELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 25, 2021 AGENDA ITEM TITLE: Presentation of Draft FY 2021-22 Budget and Capital Program RECOMMENDATION: Discuss Any Concerns in Advance of the Formal Public Hearings. BACKGROUND: City Council was provided a briefing on the General Fund Budget at the July 28, 2021 Meeting. Staff recommended and City Council approved setting the proposed millage at 3.1514. At this time, the City Council will be updated on changes to the General Fund budget and briefed on the budgets for Other Funds and the Capital Improvement Program. The Draft General Fund Budget is balanced with the rolled -back rate of 3.0043. Further negotiations on employee group insurance resulted in a lower premium increase but the main reason we are able to balance is a large increase in State Revenue Sharing payments based on projections recently provided by the State. A contingency for wage increases is included and dependent on the results of negotiations that are not yet finalized. Funding for road reconstruction/repair is being deferred pending an update to the Road Assessment Study and to allow time for the associated stormwater work to be achieved. Discretionary sales taxes are applied to computer upgrades and police vehicles, plus major capital items, including the Public Works Compound, slip lining/pipe replacements, matching funds for a canal restoration grant and square hangars at the Airport. The Riverfront CRA Fund continues to fund special events, sign grants and payment of about half the landscaping contract. CRA funds will also be used toward the Harrison Street Park Plaza. Recreation Impact Fees are used for park amenities and improvements. The Stormwater Utility Fund covers adding two employees, replacing equipment, work associated with roadway improvements, the balance of the landscaping contract. and matching funds for a grant for work on the Concha Dam. Golf Course projected expenses exceed revenues by $18,709 due to necessary capital expenses. Expenses include the amortized annual loan repayment to the Building Fund and a payment on the General Fund loans. The Airport and Building Budgets are balanced. The Airport Fund includes the amortized annual repayment of the loans from the Discretionary Sales Tax Fund. The Building Fund is budgeting for contractual assistance with building inspections to help with that workload and for modifications to the front counter. The Budget Review Advisory Committee approved the rolled -back millage, the Draft Budget and the Capital Improvement Program. The Parks and Recreation Committee supported the budgeted uses of Recreation Impact Fees and the Capital Improvement Plan is being presented to the Planning and Zoning Commission on August 19th. We hope the City Council will discuss any concerns or pose any questions in advance of the formal public hearings scheduled as Special Meetings on September 20th and September 29=h. A vote on the budget recommendation is not necessary at this meeting. Attachments: 1. Power Point Presentation by Ken Killgore, Administrative Services Director/CFO 2. Draft Budget and Capital Improvement Plan is Available on the City Website. Administrative Services Department ev" w: --�� ,., City Attorney Review: Procurement Division Review, if pplica le: City Manag r Authorization: Date: 7�%1 2botb/' 2022 Budget and Capital Program Proposed 2022 Budget and Capital Program Wednesday, August 25, 2021 Prepared By: Ken Kiilgore Administrative Services Director/CFO 1 2022 Budget and Capital Program o Summary of General Fund Budget. o Property Values and Millage. o Enterprise and Other Funds. o Capital Improvement Program. o Closing Comments. N 4 O h v Z General Fund Personnel Additions/Deletions o Three Full-time Additions MIS — Help Desk Tech./Admin. Asst. Police — Crime Analyst Leisure Services — Events Coord./MWIII o No Full-time Deletions o No Part-time Changes N 00 O d� 9 N CO O h 4 Draft FY2022 General Fund Budget Versus Amended FY2021 Budget $ 489,997 Personnel Costs 1011,755 Operating Expenditures 5,669 Capital Spending (379,462) Transfers to Other Funds $ 217,959 Increase in Budget —1.6% Excluding Transfers — 4.6% Increase all Personnel Up $489,997 0 3%for Wages/Benefits Contingency. o Health Insurance Premiums Up 4.5%d 0 3 Additional Full -Time Employees. MIS Help Desk Technician/Admin. Asst. Police Crime Analyst. Leisure Services Events Coord./MWIII. w CD h Operating Up $101,355; Transfers Down $379,462; Balanced at 3.0043 o Most of Increase in Operating Accounts is the $72,000 Projected Election Costs. o $379,462 for Yacht Club Seawall Repairs is Most of Interfund Transfers Decrease. o General Fund is Balanced Assuming the Rolled -back Rate of 3.0043. o State Published Amount of Revenue Sharing Payment Will be 25% Higher. 2 Property Values and Millage: ASSESSED VALUES TAXABLE VALUES TAXES 3.1514 Versus 3.0043 1. 04% On Homestead: 3.1514 3.0043 $200,000 $202,080 $150,000 $152,080 $473 $457 10% On Others: 3.1514 3.0043 $200,000 $220,000 $200,000 $220,000 $630 $661 CHANGE (3.4%) - 4.9% ($16) $31 ASSESSED VALUES $250,000 $252,600 $250,000 $275,000 TAXABLE VALUES $200,000 $202,600 $250,000 $275,000 TAXES $630 $609 $788 $826 CHANGE (3.3%) - 4.8% ($21) $38 .................................................................................................................... ASSESSED VALUES $300,000 $303,120 $300,000 $330,000 TAXABLE VALUES $250,000 $253,120 $3007000 $330,000 TAXES $788 $760 $945 $991 CHANGE (3.6%) - 4.9% ($28) $46 Enterprise Funds: Golf Course oSame $30,,000 from Restaurant Lease; Same $1061135 Airport Rent; $36,085 Payment on $700,000 Loan from the Building Fund; and $35,000 toward General Fund Loans. o Expecting Additional Year on Golf Carts. o Revenue $18,709 Short Due to $25,000 of Work on Parking Lot and Ditch #15. .3 Enterprise Funds: Airport o Property Rental Revenue is Covering Operating Cost and DST Loan Payments. o DST Funds for Grant Matching: Square Hangars in 2022; Runway 05/23 in 2024; Shade Hangars, Golf Apron Utilities, Taxiway Golf and Airport Road West in 2025. o Airport Funds for Grant Matching: Security Cameras, Runway 10-28 Markings, Taxiway Alpha Aprons and Taxiway Golf Apron Design in 2023; Taxiway Alpha Aprons in 2025; 01 and Aircraft Wash Rack 2026. J 9 Enterprise Funds: Building o Continuing Open Building Inspector Slot. o Contracting to Cover Inspections. o Budgeting to Modify Front Counter. o Expecting $36,085 Principal and Interest Payment on Golf Course Loan. o Revenues Covering All Expenses. W 0 10 W 0 Special Revenue and Other Funds: Special Revenue Funds o Local Option Gas Tax: Collections 6.3% Higher than Prior Year. $100,000 Allocated for Sidewalks. $4,870 Allocated for Traffic Analyzers. Holding Off on Road Improvements,, Pending Update to Road Assessment Study. $242,801 for Payment on Notes. $358,000 Outstanding 9/30/2021. Matures 12/01/22. 11 Special Revenue and Other Funds: Special Revenue Funds o Discretionary Sales Tax: Collections 13.1% Higher than Same Months of the Prior Year. Allocations to MIS and Police Vehicles. Funding Balance of GMP Contract on Construction of Public Works Compound. Stormwater Slip Lining/Pipe Replacements and Matching Funds for Canal Restoration. W V Construction of Two Square Hangars. O 12 Special Revenue and Other Funds: Special Revenue Funds o Riverfront CRA Fund: Working Waterfront Deck, Landscaping and Historical Signage. Special Events, Sign Grants, CRA Manager. No New Sewer Connection Grant Funds. About Y2of Landscaping Contract. $225,000 To Harrison Street Park Plaza. W State Mandate Requires Separate Audit. co V 13 Special Revenue and Other Funds: Special Revenue Funds o Recreation Impact Fee Fund: Fully Allocating the Available Collections. Unspecified Improvements ($5K per Zone). Additional Park Signage. Barber Street Backstops. Playground Improvements ($50,000 to Easy Street and $50,000 to Filbert Park). Approved by Parks and Recreation Board on July 26, 2021. J 14 Special Revenue and Other Funds: Special Revenue Funds o Stormwater Utility Fund: Adding Two Maintenance Worker Positions. Fees Cover Operational Cost and Some Equipment Replacements. $115,000 Roadway Swales/Culverts Work and $1001000 to Match Grant for Work on Concha Dam in 2022. � Future Funds to Roadway Swales/Culverts; Tulip and Bayfront Road Crossings; and to 0 Stabilizing Ocean Cove Slopes. m J 15 O Special Revenue and Other Funds: Special Revenue Funds o Law Enforcement Forfeiture Fund: Used Only for Unbudgeted Items. Specific Items Need City Council Approval. Current Balance is $321818. o Parking In Lieu Of Fund: Expecting $70,287 Year End 2021 Balance. $9,600 on 807 Indian River Drive Adds $1,140/Year for 10 Years. $6,400 on 1623 US#1 Adds $1,788/Year Over 48 Months. 16 Special Revenue and Other Funds: Special Revenue/Trust Funds o Cemetery Trust Fund: Y2of Sales Expendable on Expansions or Cost Incidental to Adding Future Sites. oFunding Columbarium Niches in 2025. Y2of Sales on Operations and Maintenance. oAllocation for Signage, Fencing and Grounds Improvements. o$90K Transfer to General Fund in 2022. 0$605,656 Expected 2021 Balance for Perpetual Maintenance. 17 Special Revenue and Other Funds: Debt Service Funds o Stormwater Utility Debt Service: Includes Required Bank Note Payments Which are Paid by Discretionary Sales Tax. $3951000 Outstanding as of 9/30/21. Final Maturity on 5/01/22. Only Need to Fund $233,403 in FY2022. Capital Improvement Program o $54.2 Million Over 6 Years. $20.2 Next Fiscal Year. $5.7 Million This o Largest Items for Next Fiscal Year: Million Year. $51,3341024 Public Works Compound. $11,,500,000 Canal Restoration. $400,000 Concha Dam Wall. $720,000 Construction of Square Hangars. o $11,876,000 to be Funded by Grants. o Going to P & Z Board on August 19th, 19 Closing Comments o Staff is Recommending the 3.0043 Rolled -back Rate as the Final Millage. o Only Unsettled Issue is Labor Negotiations (Have 3% Contingency). o First Public Hearing on Millage and Budget Will be at Special Meeting on Monday September 13th, o Final Public Hearing is Also a Special 0 Meeting on Wednesday September 29th, V CIn �* SE13AST!AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: August 25, 2021 AGENDA ITEM TITLE: Review and consider Resolution No. R-21-16 for the proposed Children's Trust of Indian River County. RECOMMENDATION: City Council adopt Resolution R-21-16 BACKGROUND: On April 29, 2021, Indian River County Board of County Commissioners determined that the most practicable method by which to dedicate the Children's Trust millage would be to establish a special dependent district. In order to establish a special district countywide, per section 125.01(5) (a), Florida Statutes, the special district would be subject to the approval of the governing body of the incorporated area affected. Thus, the City of Sebastian City Council would need to approve the special district by resolution in order to have the millage rate applicable in the incorporated areas of the City of Sebastian, if approved by referendum. On July 28, 2021, City Council provided staff direction to proceed with the drafting of the resolution for final consideration by the council of the proposed Children's Trust of Indian River County. ATTACHMENTS: Resolution No R-21-16 F.S. 125.01 (5) (a) IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Administrative Services Department Review -.-I City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization. - Date: / j -2/42� r 46 of 67 RESOLUTION NO. R-21-16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5) (a), FLORIDA STATUTES, GRANTING APPROVAL TO THE INCLUSION OF THE INCORPORATED AREAS OF THE CITY OF SEBASTIAN WITHIN THE PROPOSED CHILDREN'S TRUST DISTRICT, A DEPENDENT SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY CONINUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to establish a special district countywide, IAW Section 125.01(5) (a), Florida Statutes, the special district would be subject to the approval of the governing body of the incorporated area affected. Thus, the City of Sebastian City Council will need to approve the special district in order to have the rnillage rate applicable in the incorporated areas of the City of Sebastian, if approved by referendum. WHEREAS, Indian River County's children need enhanced services; and WHEREAS, the City Council has taken action to formally recommend to the Indian River County Board of County Commissioners to hold a referendum on the creation of the Children's Trust District with the authority to levy an ad valorem tax to support authorized Children's Trust; and WHEREAS, investing in developmental and educational resources for children and families will provide measurable returns for our community; and WHEREAS, the City Council of the City of Sebastian determines that it is in the best interests of the health and well-being of our children and broader community to be included in the Children's Trust District, subject to the approval by the voters of Indian River County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTAIN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. APPROVAL. The City Council of the City of Sebastian, Indian River County, Florida, hereby approves the inclusion of the incorporated area of the City of Sebastian within the proposed Children's Trust District, a dependent special taxing district, subject to the approval by the voters of the Indian River County, Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be 47 of 67 assumed that the City Council would have enacted the remainder of this resolution without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. This Resolution was heard on the 25t" day of August, 2021, at which time it was moved for adoption by Council Member , seconded by Council Member , and adopted by the following vote: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Chris Nunn Council Member Bob McPartlan CITY OF SEBASTIAN, FLORIDA ATTEST: By: Jeanette Williams Ed Dodd City Clerk Mayor Approved as to form and legal Sufficiency: Manny Anon, Jr. City Attorney 48 of 67 125.01 Powers and duties (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (a) Adopt its own rules of procedure, select its officers, and set the time and place of its official meetings. (b) Provide for the prosecution and defense of legal causes in behalf of the county or state and retain counsel and set their compensation. (c) Provide and maintain county buildings. (d) Provide fire protection, including the enforcement of the Florida Fire Prevention Code, as provided in ss. 633.206 and 633.208, and adopt and enforce local technical amendments to the Florida Fire Prevention Code as provided in those sections and pursuant to s. 633.202, (e) Provide hospitals, ambulance service, and health and welfare programs. (f) Provide parks, preserves, playgrounds, recreation areas, libraries, museums, historical commissions, and other recreation and cultural facilities and programs. (g) Prepare and enforce comprehensive plans for the development of the county. (h) Establish, coordinate, and enforce zoning and such business regulations as are necessary for the protection of the public. (i) Adopt, by reference or in full, and enforce housing and related technical codes and regulations. 0) Establish and administer programs of housing, slum clearance, community redevelopment, conservation, flood and beach erosion control, air pollution control, and navigation and drainage and cooperate with governmental agencies and private enterprises in the development and operation of such programs. (k)1. Provide and regulate waste and sewage collection and disposal, water and alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems, and conservation programs. 2. The governing body of a county may require that any person within the county demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with county ordinance or state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county ordinance, the county may require satisfactory proof of a contract or similar arrangement by which such special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Government. (1) Provide and operate air, water, rail, and bus terminals; port facilities; and public transportation systems. 49 of 67 (m) Provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; eliminate grade crossings; regulate the placement of signs, lights, and other structures within the right- of-way limits of the county road system; provide and regulate parking facilities; and develop and enforce plans for the control of traffic and parking. Revenues derived from the operation of toll roads, bridges, tunnels, and related facilities may, after provision has been made for the payment of operation and maintenance expenses of such toll facilities and any debt service on indebtedness incurred with respect thereto, be utilized for the payment of costs related to any other transportation facilities within the county, including the purchase of rights -of -way; the construction, reconstruction, operation, maintenance, and repair of such transportation facilities; and the payment of indebtedness incurred with respect to such transportation facilities. (n) License and regulate taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire that operate in the unincorporated areas of the county; except that any constitutional charter county as defined in s. 125.011(1) shall on July 1, 1988, have been authorized to have issued a number of permits to operate taxis which is no less than the ratio of one permit for each 1,000 residents of said county, and any such new permits issued after June 4, 1988, shall be issued by lottery among individuals with such experience as a taxi driver as the county may determine. (o) Establish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas of the county pursuant to general law. (p) Enter into agreements with other governmental agencies within or outside the boundaries of the county for joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions. (q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided fire protection; law enforcement; beach erosion control; recreation service and facilities; water; alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems; streets; sidewalks; street lighting; garbage and trash collection and disposal; waste and sewage collection and disposal; drainage; transportation; indigent health care services; mental health care services; and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a municipality. if ad valorem taxes are levied to provide essential facilities and municipal services within the unit, the millage levied on any parcel of property for municipal purposes by all municipal service taxing units and the municipality may not exceed 10 mills. This paragraph authorizes all counties to levy additional taxes, within the limits fixed for municipal purposes, within such municipal service taxing units under the authority of the second sentence of s. 9(b), Art. VIl of the State Constitution. (r) Levy and collect taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit, and special assessments; borrow and expend money; and issue bonds, revenue certificates, and other obligations of indebtedness, which power shall be exercised in such manner, and subject to such limitations, as may be provided by general law. There shall be no referendum required for the levy by a county of ad valorem taxes, both for county purposes and for the 50 of 67 providing of municipal services within any municipal service taxing unit. Notwithstanding any other provision of law, a county may not levy special assessments for the provision of fire protection services on lands classified as agricultural lands under s. 193.461 unless the land contains a residential dwelling or nonresidential farm building, with the exception of an agricultural pole barn, provided the nonresidential farm building exceeds a just value of $10,000. Such special assessments must be based solely on the special benefit accruing to that portion of the land consisting of the residential dwelling and curtilage, and qualifying nonresidential farm buildings. As used in this paragraph, the term "agricultural pole barn" means a nonresidential farm building in which 70 percent or more of the perimeter wails are permanently open and allow free ingress and egress. (s) Make investigations of county affairs; inquire into accounts, records, and transactions of any county department, office, or officer; and, for these purposes, require reports from any county officer or employee and the production of official records. (t) Adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law. (u) Create civil service systems and boards. (v) Require every county official to submit to it annually, at such time as it may specify, a copy of the official's operating budget for the succeeding fiscal year. (w) Perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. (x) Employ an independent certified public accounting firm to audit any funds, accounts, and financial records of the county and its agencies and governmental subdivisions. Entities that are funded wholly or in part by the county, at the discretion of the county, may be required by the county to conduct a performance audit paid for by the county. An entity shall not be considered as funded by the county by virtue of the fact that such entity utilizes the county to collect taxes, assessments, fees, or other revenue. If an independent special district receives county funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the county to undergo a performance audit. Not fewer than five copies of each complete audit report, with accompanying documents, shall be filed with the clerk of the circuit court and maintained there for public inspection. The clerk shall thereupon forward one complete copy of the audit report with accompanying documents to the Auditor General. (y) Place questions or propositions on the ballot at any primary election, general election, or otherwise called special election, when agreed to by a majority vote of the total membership of the legislative and governing body, so as to obtain an expression of elector sentiment with respect to matters of substantial concern within the county. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. (z) Approve or disapprove the issuance of industrial development bonds authorized by law for entities within its geographic jurisdiction. 51 of 67 (aa) Use ad valorem tax revenues to purchase any or all interests in land for the protection of natural floodplains, marshes, or estuaries; for use as wilderness or wildlife management areas; for restoration of altered ecosystems; or for preservation of significant archaeological or historic sites. (bb) Enforce the Florida Building Code, as provided in s. 553.80, and adopt and enforce local technical amendments to the Florida Building Code, pursuant to s. 553.73(4)(b) and (c). (cc) Prohibit a business entity, other than a county tourism promotion agency, from using names as specified ins. 125.0104(9)(e) when representing itself to the public as an entity representing tourism interests of the county levying the local option tourist development tax under s. 125.0104. (2) The board of county commissioners shall be the governing body of any municipal service taxing or benefit unit created pursuant to paragraph (1)(q). (3)(a) The enumeration of powers herein may not be deemed exclusive or restrictive, but is deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated, including, specifically, authority to employ personnel, expend funds, enter into contractual obligations, and purchase or lease and sell or exchange real or personal property. The authority to employ personnel includes, but is not limited to, the authority to determine benefits available to different types of personnel. Such benefits may include, but are not limited to, insurance coverage and paid leave. The provisions of chapter 121 govern the participation of county employees in the Florida Retirement System. (b) The provisions of this section shall be liberally construed in order to effectively carry out the purpose of this section and to secure for the counties the broad exercise of home rule powers authorized by the State Constitution. (4) The legislative and governing body of a county shall not have the power to regulate the taking or possession of saltwater fish, as defined in s. 379.101, with respect to the method of taking, size, number, season, or species. However, this subsection does not prohibit a county from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that county, nor does it prohibit the imposition of excise taxes by county ordinance. (5)(a) To an extent not inconsistent with general or special law, the governing body of a county shall have the power to establish, and subsequently merge or abolish those created hereunder, special districts to include both incorporated and unincorporated areas subject to the approval of the governing body of the incorporated area affected, within which may be provided municipal services and facilities from funds derived from service charges, special assessments, or taxes within such district only. Such ordinance may be subsequently amended by the same procedure as the original enactment. (b) The governing body of such special district shall be composed of county commissioners and may include elected officials of the governing body of an incorporated area included in the boundaries of the special district, with the basis of apportionment being set forth in the ordinance creating the special district. (c) It is declared to be the intent of the Legislature that this subsection is the authorization for the levy by a special district of any millage designated in the ordinance creating such a special district or amendment thereto and approved by vote of the electors under the authority of the first sentence of s. 52 of 67 9(b), Art. VII of the State Constitution. It is the further intent of the Legislature that a special district created under this subsection include both unincorporated and incorporated areas of a county and that such special district may not be used to provide services in the unincorporated area only. (6)(a) The governing body of a municipality or municipalities by resolution, or the citizens of a municipality or county by petition of 10 percent of the qualified electors of such unit, may identify a service or program rendered specially for the benefit of the property or residents in unincorporated areas and financed from countywide revenues and petition the board of county commissioners to develop an appropriate mechanism to finance such activity for the ensuing fiscal year, which may be by taxes, special assessments, or service charges levied or imposed solely upon residents or property in the unincorporated area, by the establishment of a municipal service taxing or benefit unit pursuant to paragraph (1)(q), or by remitting the identified cost of service paid from revenues required to be expended on a countywide basis to the municipality or municipalities, within 6 months of the adoption of the county budget, in the proportion that the amount of county ad valorem taxes collected within such municipality or municipalities bears to the total amount of countywide ad valorem taxes collected by the county, or by any other method prescribed by state law. (b) The hoard of county commissioners shall, within 90 days, file a response to such petition, which response shall either reflect action to develop appropriate mechanisms or shall reject such petition and state findings of fact demonstrating that the service does not specially benefit the property or residents of the unincorporated areas. (7) No county revenues, except those derived specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, shall be used to fund any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities. History.-s. 1, ch. 1882, 1872; s. 1, ch. 3039, 1877; IRS 578; GS 769; s. 1, ch. 6842, 1915; RGS 1475; CGL 2153; s. 1, ch. 59-436; s. 1, ch. 69-265; ss. 1, 2, 6, ch. 71-14; s. 2, ch. 73-208; s. 1, ch. 73-272; s. 1, ch. 74- 150; ss. 1, 2, 4, ch. 74-191; s. 1, ch. 75-63; s. 1, ch. 77-33; s. 1, ch, 79-87; s. 1, ch. 80-407; s. 1, ch. 83-1; s. 17, ch. 83-271; s. 12, ch. 84-330; s. 2, ch. 87-92; s. 1, ch. 87-263; s. 9, ch. 87-363; s. 2, ch. 88-163; s. 18, ch. 88-286; s. 2, ch. 89-273; s. 1, ch. 90-175; s. 1, ch. 90-332; s. 1, ch. 91-238; s. 1, ch. 92-90; s. 1, ch. 93- 207; s. 41, ch. 94-224; s. 31, ch. 94-237; s. 1, ch. 94-332; s. 1433, ch. 95-147; s. 1, ch. 95-323; s. 41, ch. 96-397; s. 42, ch. 97-13; s. 2, ch. 2000-141; s. 34, ch. 2001-186; s. 36, ch. 2001-266; s. 3, ch, 2001-372; s. 20, ch. 2002-281; s. 1, ch. 2003-78; ss. 27, 28, ch. 2003-415; s. 184, ch. 2008-247; s. 2, ch. 2011-143; s. 122, ch. 2013-183; s. 1, ch. 2014-7; s. 1, ch. 2016-89. 53 of 67 CITY Lf SEBASTLAtN HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: August 25, 2021 Aaenda Item Title: Approve Continuing Engineering Services from Kimley-Horn and Associates, Inc. (KHA) for baseline survey of the Riverview Park Event Complex Recommendation: The Community Development and Leisure Services Department recommend approval of the KHA Consultant Services Agreement (CSA) #2. Backaround: Riverview Park and the entire Riverfront Event Complex is an important economic and community feature to the City of Sebastian. For many years the community has expressed concern regarding preservation of the tree canopy within Riverview Park. Funding has been budgeted for assessment and improvements to Riverview Park for the preservation of this canopy and the best utilization of the entire Riverfront Event Complex. After careful study of this area, including an assessment of the tree canopy and sidewalk improvements, staff has determined that a baseline survey of the complex should be pursued in order to determine the best utilization of the entire area in order to alleviate future impacts to the canopy including drainage, parking, and event layout. Staff recommends consideration of the attached proposal from KHA, one of the City's continuing Services engineers. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $135,000 Total Cost: $42,800 Funds to Be Utilized for Appropriation: DST Attachments: 1. CSA #2 2. KHA Proposal Administrative Services Department Revie i I � City Attorney Review: Procurement Division Review, if alpficabi City Manager Authorization Date:�i7/fir 54 of 67 KIMLEY-HORN AND ASSOCIATES, INC. 445 247H Street, Suite 200 Work Authorization No: CSA - #2 Proiect Title: Riverview Park Event Complex Survey IT IS AGREED to undertake the following work in accordance with the provisions of the Kimley-Horn and Associate's Master Agreement entitled Non -Exclusive Engineering Consulting Services Agreement — Citywide, dated February 2, 2021. Description of Assignment: Kimley-Horn will prepare a Topographic Survey. The work/project will include: 1. The Topographic Survey of the portion of Riverview Park lying east of US Highway 1, south of Sebastian Blvd., north of Harrison St, and west of Indian River Drive. The Topographic survey will also include the City property lying east of Indian River Drive and south of the easterly extension of Sebastian Boulevard. 2. Aboveground improvements will be field located and shown on the survey. Rim and invert elevations of the accessible storm and sanitary sewer structures will be obtained. Surface evidence of underground utilities will be located. Elevations will be shown on an approximate 50' grid throughout the site. All elevations will be referenced to the North American Vertical Datum of 1988 (NAVD 88). The right of way lines for Sebastian Boulevard, Harrison Street and US Highway 1 will be shown. The edge of water line along the west shore of the Indian River will be located. Locating the mean highwater line establishing the eastern boundary to the lagoon, is not included in this scope. The Topographic Survey will be performed in accordance with the Standards of Practice set forth in Chapter 5J-17 of the Florida Administrative Code. 3. Pricing Description Quantity Contracted Unit TOTALS Price Topographic Survey $42,800.00 4. Deliverables Provided to the City (surveys, plans, etc.) f Description a. Topographic Survey Quantity Basic of Compensation/Period of Services: The above referenced description for CSA #2 will be performed for a fee in the amount of $42,800.00. AGREED: VENDO : Date: Peter Van ens, Senior Vice President Kimley-Horn and Associates, Inc. Attest: Jeanette Williams, MMC, City Clerk 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 55 of 67 Kimley>»Horn August 18, 2021 Ms. Lisa Frazier Community Development Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Riverview Park Event Complex Survey Sebastian, Florida Dear Ms. Frazier: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of Sebastian ("City" or "the Client") for consulting services associated with the Riverview Park Event Complex ("the Project"). Our project understanding, scope of services, schedule, and fee estimate are provided below. PROJECT UNDERSTANDING It is our understanding the City of Sebastian requests survey information for a project at Riverview Park. The city desires to establish a base map for future Riverview Park Event Complex improvements. Riverview Park is located east of US Hwy 1 and west of the Indian river near the intersection of US Hwy 1 and Harrison Street in the City of Sebastian. Our scope of services defined below is based on this understanding: SCOPE OF SERVICES Task 1 — Boundary and T000araohic Survev Kimley-Horn will prepare a Topographic Survey of the portion of Riverview Park lying east of US Highway 1, south of Sebastian Blvd., north of Harrison St, and west of Indian River Drive. The Topographic survey will also include the City property lying east of Indian River Drive and south of the easterly extension of Sebastian Boulevard. (as shown on the attached exhibit) Aboveground improvements will be field located and shown on the survey. Rim and invert elevations of the accessible storm and sanitary sewer structures will be obtained. Surface evidence of underground utilities will be located. Elevations will be shown on an approximate 50' grid throughout the site. All elevations will be referenced to the North American Vertical Datum of 1988 (NAVD 88). The right of way lines for Sebastian Boulevard, Harrison Street and US Highway 1 will be shown. The edge of water line along the west shore of the Indian River will be located. Locating the mean high- water line establishing the eastern boundary to the lagoon, is not included in this scope. The Topographic Survey will be performed in accordance with the Standards of Practice set forth in Chapter 5J-17 of the Florida Administrative Code. kirriley horn 'com 56 of 67 Kim{ey>Morn Page ADDITIONAL SERVICES Any services not specifically provided for in the above scope may be performed as additional services and billed at our hourly rates per the Agreement and upon authorization from the City. Additional services we can provide include, but are not limited to, the following: • Site Planning • Landscape Design • Preparation of Civil Plans • Permitting • Construction Phase Services • Opinions of Probably Cost • Signage and wayfinding design and permitting • Decorative fountains and 1 or water feature design and engineering • Site visits • 3-D modeling and visualization packages • Arboricultural services • Traffic studies or traffic planning reports • Roadway Engineering Services, Maintenance of Traffic Plans • Structural and Electrical Engineering • Value Engineering services • Material testing services • LEED certification services • Planning assistance for variances, zoning, and ROW vacates Environmental Services and Geotechnical reports • Design and engineering of overhead structures, playgrounds, or other structural elements INFORMATION PROVIDED BY THE CLIENT The following information, upon which the consultant may rely, will be provided to Kimley-Horn by the Client or its representative: • Existing plans and surveys on file at the City of Sebastian for Riverview Park • Previous public comments, surveys, and feedback related to proposed site improvements SCHEDULE Consultant shall provide the services described in the above scope as expeditiously as practical to meet a mutually agreed upon schedule with the Client. FEE AND BILLING Kimley-Horn will perform the services in Tasks 1 through 2 for a lump sum outlined below. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.15 times the cost, All permitting, application, and similar project fees will be paid directly by the Client. Task 1........................................................Topographic Survey $42,800 57 of 67 Kimley>Morn Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed, plus expenses incurred as of the invoice date. Payment will be due within 25 days of your receipt of the invoice. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below: Please email all invoices to Please copy CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to City of Sebastian. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to our office for further processing. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please do not hesitate to contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Sara Battles, P.E. Scott Mingonet,A,,CP Project Manager Senior Vice P Attachment — Standard Provisions 58 of 67 Kimley j)) Horn Agreed to this day of 2021. CITY OF SEBASTIAN A Municipality By: (Print or Type Name) (Email Address) Attest: (Print or Type Name) City Manager , Secretary/Assistant Secretary Pn,e , 59 of 67 Kimley>Morn paot- - KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. (2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. (g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months. Consultant's compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows: (a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 60 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 60 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 60 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment, (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's 60 of 67 Kimsey )) Horn sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully -approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. (12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third -party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services 61 of 67 Kimley>>> Horn will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. (15) Construction Phase Services. (a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (16) No Third -Party Beneficiaries; Assignment and Subcontracting, This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assignor transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. if, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (19) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. Rev 10120 C= 445 240 Street, suite 200; Vero Beach, FIL 32960 772-794-4100 62 of 67 LM Lf SEDTI_ V -T� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: August 25, 2021 Aaenda Item Title: 2022 Legislative Priorities Recommendation: City Council review and approve the City's Legislative Priorities for 2022 Backaround: Each year City Council determines the legislative priorities for the upcoming session. These priorities will be presented to the legislative delegation on September 8, 2021. A draft of priorities is attached for your consideration and review. If Aaenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: I. DRAFT Legislative Priorities Administrative Services Department Re City Attorney Review: Procurement Division Review, if 41icable: / l v City Manager thorization Date: i % % /off/ 64 of 67 LP cf SEBASTUkN HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FL 32958 PHONE 772-388-8200 -- FAX 772-581-0149 The City of Sebastian Legislative Priorities list for 2022 Water Management The City of Sebastian SUPPORTS legislation that provides a recurring source of funding for local government programs and projects that protect water resources, improves water quality and quantity, mitigates pollution and stormwater runoff, and expands the use of alternative water resources. Sebastian also SUPPORTS State initiatives to boost funding for flood mitigation and stormwater management programs at all local levels including funding for the Indian River Lagoon. The legislatures continued support and funding of projects to reduce pollutant loads and prioritize the funding for the regions Basin Management Action Plan (BMAP). Septic to Sewer There are still many residents and businesses in the City of Sebastian and surrounding Indian River County which have not converted from septic to sewer and who may have old and failing septic systerns. The City of Sebastian SUPPORTS funding initiatives by the State to incentivize and assist residents with converting to sewer or any conversion program that will expand the rate at which septic users convert to sewer. Florida Statute 260.011 Government in the Sunshine Florida Statute 286.011 requires all government business be conducted in the Sunshine for the public to have the opportunity to participate and have a voice in the process. This year we have seen the most egregious violation of the Sunshine law in State history. The newly elected Council Member held a coup to overthrow the city government outside of the Sunshine. They locked the doors to the city Council Chambers and conducted a meeting without any charter officers present, no public participation was allowed and voted to terminate all charter officers and to remove the Mayor and appoint one of them as the Mayor. The challenge that this is only treated as a misdemeanor by F.S. 260.011. As it stands the current penalties allowed under the Statute would never deter this from happening again. The courts and the Commission on Ethics have been very complacent on fines for violations of the Sunshine law. This has to be addressed. Either there is a Statue that protects the public from acts such as this or not. Providing for a $250.00 fine for this type of violation is just not sufficient to deter this type of behavior. The Legislator's should address this and make the penalties much more substantial and in cases where it is a planned event or premediated it should rise to a felony. Vacation Rentals The City of Sebastian OPPOSES any legislation that would further remove the local government's ability to regulate housing and short term rentals. The current legislation allows local governments to regulate short-term rentals but only for life safety and building codes, as well as other codes specific to vacation 65 of 67 m cf 1SE�IAN HOME OF PELICAN ISLAND 1225 MAIN STREET - SEBASTIAN, FL 32958 PHONE 772-389-8200 - FAX 772-581-0149 rentals. However, local governments are still prohibited from regulating the du -ration and frequency of these rentals. The City of Sebastian SUPPORTS amending legislation that will return home rule over short-term (vacation) rentals entirely back to municipalities, particularly including the ability to limit the duration of rentals. Attainable/Affordable Housing As in 2005/06 this issue was forefront in the minds of all local governments. Now in 2020 we again have seen a dramatic increase in the cost of home ownership and rentals. The City of Sebastian SUPPORTS Indian River County's position on funding; Position: Indian River County BCC SUPPORTS allocating the full amount of dedicated documentary tax revenues for state and local affordable housing programs; SUPPORTS investing in affordable housing to create jobs in home repair, hardening homes, retrofitting and constructing affordable rental units, and lowering the energy costs to make housing more affordable; and SUPPORTS exempting the State Housing Trust Fund and the Local Government Housing Trust Fund from a provision authorizing the Legislature, in the General Appropriations Act, to transfer unappropriated cash balances from specified trust funds to the Budget Stabilization Fund and General Revenue Fund, etc. School Resource Officers The City of Sebastian, due to the State mandate to have School Resource Officers at each of our local schools requires general fund revenues to cover costs associated with the legislative mandate. Some financial support is provided from by the Schools but this only covers a portion of the additional expenditures. The City of Sebastian has concerns that our taxpayers who pay taxes for City services and these funds are being used in support of a different governmental body. The City would SUPPORT legislation to fund the schools for this requirement and alleviate the burden on our budget to furnish these Police Officers. Sea Level Rise Recognizing the impacts sustained by cities statewide related to sea -level rise, changing precipitation patterns and increasing storm severity, the City of Sebastian SUPPORTS legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments to mitigate and adapt to these dynamic environmental conditions. 66 of 67 rnY cf SEBAST'" HOME OF PELICAN ISLAND 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 — FAX 772-581-0149 Unfunded Mandates The City of Sebastian OPPOSES any legislation that is not funded or requires a local government to fund through ad -valorem taxes or assessments. Protection of Community Redevelopment Agencies (CRAB) The City of Sebastian has used the CRA funding to successfully improve the designated area and have the desired result of increasing the taxable values of those properties. We also note that improving the commercial enterprises can be expected to have the added advantage of increasing sales tax collections. The City would strongly SUPPORT legislation to protect our use of the CRA funding method and continue these efforts to revitalize the area. The City of Sebastian OPPOSES any legislation that would allow a County to have additional oversite of a municipalities CRA. And we are Opposed to removing current CRA districts. 67 of 67 The City Manager is requesting to Council the following RFP 21-07 for Compensation and Benefit Study and Analysis to be considered under Agenda Modifications. an.t SET�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 25, 2021 AGENDA ITEM TITLE: Approval to Award Invitation to Bid (RFP) #21-07 Compensation and Benefit Study and Analysis and Authorization for City Manager to Execute a Service Agreement with Evergreen Solutions, LLC. RECOMMENDATION: Staff recommends that the Council AWARD RFP #21-07 Compensation and Benefit Study and Analysis to Evergreen Solutions, LLC, the lowest, responsive and responsible Bidder. BACKGROUND: The Administrative Services Division, Human Resources Department, requests Council's approval to award RFP #21-07 and authorize the City Manager to execute a Service Agreement with Evergreen Solutions, LLC. The RFP was published July 9, 2021 with a Bid Opening of August 16, 2021. One Bid was submitted. A responsive checklist was completed by the Human Resources Department and the bid submission was reviewed by user departments for responsibility leading to the recommendation to award RFP #21-07 to Evergreen Solutions, LLC for conducting a compensation and benefit study and analysis for all non-exempt and exempt personnel. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost to the City is $22,500 Appropriation Required: Amount Budgeted: $60,000 Source: General Fund ATTACHMENT: 1. Bid Tabulation 2. Responsiveness Review 3. Cost Proposal I �j Administrative Services Department Re iew: Y City Attorney Review: Procurement Division Review, if applicable:/ l `R-^-+-•y'�1 . I City Manger Authorization: a Date: /11L;,1 L i �/ on or ORAL PRESENTATIONS SCORES Evaluation Meeting: August 23, 2021 HOME OF PELICAN ISLAND RFP #21-07 COMPENSATION AND BENEFIT STUDY AND ANALYSIS I w u g F my a _co c a wz ` y sR o o m ICategory I ad 0. m Z O - Q (FIRM: Evergreen Solutions, I.I.C. The years of experience of the Proposees staff with compiling, 1 studying, analyxing and recommending a Compensation and 20 Benefit Package and Job Descriptions Team Qualifications - Review the qualifications of the Team. Review their experience to completing the tasks to be 2 performed. Review how thorough their work approach will be in 30 obtaining information, scheduling employee Interviews, writing fob descriptions and presenting the final products. orkioad S Scheduling - The schedule Is demanding - 60 days Wh ( II I th 20 18 20 18 Absem 1 19.00 30 28 25 28 Absent I 27.76 3 to complete once awarded. at s In their pipe ne s nee a 20 20 18 20 18 Ab.M 19.00 project Is due in 60 days? Haw will they plan for Interviews of employees? I 3 (References 15 10 10 10 m 12 AbM 10.50 4 Cost Proposal 15 15 15 15 15 Absem 15.00 Totalsl too j l 95 I 89 I g0 I 91 I I 9125 Legal Ad: 07/11/2021 Published: 7/9/2021 to 7/16/2021 Bid Opening: 08/16/2021 Plenholders: Broadcast List! Proposals Received: Evergreen ��s�ccc��777��s� CITY OF SEBASIIAN SE�nn��AST_ RESPONSIVENESS REVIEW IpAG pi yEIK,W III,yp DUE DATE: IVOM019 RFP #21-07 COMPENSATION AND BENEFIF SNDY AND ANALYSIS I iEG%EY xi3 +a6 I &OD9R F 0 a TF33-Rn,u4 Fp IEr.ry..n Ic=n.vww,n.ue,vr Ibme R18 RenYpbi Grtm Cu.iWNaw. I Ixtlmmun R YlY IoTl IY yy a Y Y Y Y Y Y Y Y e 16 w I I I = IxmxE.s,c.... IXacgY.�..undN� Ixe,u,usev.,mc.mmw.. p,w.....n..E. x•a,,, I•� aluw•..w.,x.x. IE.v.mv......xaa.... %. an�..<...,%....., u�. opw Ec� Icarnwmnuw.%rox Ixnn.R. w, ,. .msn� Ivn,...sw%dn�7.i € law•-.waa.a I .—.dd.. I..0 Icew. ..,,.amepn = I•.w.E.un�... Ix...ca�uM IsIw=m%r.� I I I I I I i I A Cost Proposal to Conduct a Compensation and Benefits Study for the City of Sebastian, FL RFP #21-07 4 Evergreen Solutions, LLC August 16, 2021 Cost Proposal Evergreen Solutions, LLC is pleased to present our proposed cost to conduct a Compensation and Benefits Study for the City of Sebastian. We are committed to providing the highest quality consulting services to our client partners for a reasonable price. Our film is fortunate that our overhead is minimal and our expenses are reasonable so we can pass that cost savings on to our clients. Our total, not -to -exceed, fixed cost to complete all tasks identified in our detailed work plan in Section 2.3 is included on the attached "Cost Proposal Form'. Our cost is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect costs (overhead), clerical support, and all other out-of-pocket expenses. Our preferred payment schedule is as follows: • 25%- upon completion of Tasks I — 2 • 25%- upon completion of Tasks 3 —4 • 25% - upon completion of Tasks 5 — 6 • 25%- upon completion of Tasks 7 — 11 We are willing to negotiate the time, scope, and cost of the basic tasks, or any other options that the City of Sebastian wishes to Identify. Evergreen Solutions federal employer identification number is 20- 1833438. 4 Evergreen Solutions, LLC Page 1 w> — RFP#21-07 FORM "an¢°rrmaa-qTOMPENSATTON AND BENEFITS STUDY, ANALYSIS and RECOMMENDATIONS , COSTPROPOSAL Cost shall be submitted as a lump sum price. The lump sum price shall include but not limited to, costs for a comprehensive compensation and benefit study, analysis, and recommendations. The deliverables will be three new wage structures to Include the Amendment 2 minimum wage Increase (Non-exempt Personnel, Exempt Personnel and Sworn Officers), a new benefit price package(s), new position descriptions and a 5 Year Wage Program. The lump sum price will be discussed and negotiated for the project following authorization from City Council. Following negotiation, the Consulting Firm will provide a schedule of values to the City of Sebastian for approval. The total of the Schedule of Values will be the lump sum contract amount. NOTE: Anv submitted bid amount exeeadlna the maximum buduet amount shall be deemed non. responsive. In accordance with Florida State Statute 287.055 (6), Consultants Competitive Negotiations Act (CCNA), the proposed lump sum price will be negotiated with the most qualified firm for professional services at compensation which the City deternines Is fair, competfte, and reasonable in order to reach on agreed upon fee, terms and conditions. This negotiation will be conducted for no more than three (3) weeks, with the top ranked firm. If the City is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated, IAW F.S. 287.055 (5). The agency shall then undertake negotiations with the second most quallfied firm. Id. REM DESCRIPTION COST Lump sum to provide the services associated with RFP 21.07 $ 012, bt)71 The lump sum cost listed above shall remain in full force and effect for a period of ninety (90) days after the time proposals are due. During this time, Proposer will not revoke or cancel this proposal or withdraw from the competition. The Proposer further attests that the Cost Proposal herein proposed represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the RFP documents. Bidder's Name: Signature: Date: Print Name: Jt.tT Title: 7 1-4Y44LA- Failure to fully complete and au hls information Sheet may result in relectlon of the submittal Page 29 of 36