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Home My WebLink About01-12-2022 CC Agenda$E HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 12, 2022 — 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 1. CALL TO ORDER 2. MOMENT OF SILENCE 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. Community Development Block Grant Program Housing Rehabilitation/Replacement Update by Guardian Community Resource Management, Inc. Brief Announcements: Saturday, January 15, 2022 Annual Sebastian Riverfront Fine Arts & Music Festival in Riverview Park — 10 am — 5 pm & Sunday — 10 am — 4 pm Monday, January 17, 2022 Martin Luther King Day — City Hall Closed Saturday, January 22, 2022 Barb Snow's 3rd Annual Sweet Tea Sip & Stroll Arts & Craft Event at Riverview Park — 9:30 — 5 pm & Sunday — 10-5 pm Wednesday, January 26, 2022 Public Workshop — American Rescue Plan Act Funding — 1 pm & 5 pm 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 wilt be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1 of 144 pgs 5-20 A. Approval of Minutes — December 15, 2021 Regular City Council Meeting pgs 21-49 B. Resolution No. R-22-01 - FAA Airport Rescue Grant for Use at the Sebastian Municipal Airport in the Amount of $32,000 (Transmittal, Grant, Face Coverings Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT RESCUE GRANT FOR AIRPORT IMPROVEMENTS, REPAIRS AND MAINTENANCE IN THE: AMOUNT OF $32,000; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 50-53 C. Approval of First Lease Amendment to Fishe Flying Corp Lease of Hangar "C" to Allow for Aircraft Parking for $.201SF to be Paid on an Annual Basis (Transmittal, First Lease Amendment) pgs 54-57 D. Resolution No. R-22-04 — Providing for the Mutual Release of All Obligations Under an Airport Land Lease Agreement between Fishe Flying Corp and the City of Sebastian for Property Located at 300 Airport Drive West (Transmittal, R-22- 04, 2016 Land Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONSENTING TO THE MUTUAL RELEASE OF ALL OBLIGATIONS UNDER THE AIRPORT LAND LEASE AGREEMENT BETWEEN FISHE FLYING CORP AND THE CITY OF SEBASTIAN FOR CERTAIN PROPERTY LOCATED AT 300 AIRPORT DRIVE WEST ON THE SEBASTIAN AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 58-61 E. Approve the Purchase of Four High Definition Airport Security Cameras from ADS Security in the amount of $28,963.00 (Transmittal, ADS Security Quote) pgs 62-68 F. Approval of Comcast Contract for Connecting and Providing Internet Service to the New Public Works Compound in the Amount of $71,739.00 (Transmittal, Sales Order Form) pgs 69-86 G. Approval of Piggyback Contract for Police Department Integrated Systems Solution with SOMA Global with a 5-Year Annual Fee of $60,775 and 1-Time Implementation Cost of $58,650 (Transmittal, Proposal, Piggyback Contract, Final Evaluation Summary) pgs 87-113 H. Approve the Purchase of One (1) 2021 Ford Explorer Interceptor Hybrid from Bartow Ford in the Amount of $60,337.97 for the Police Department (Transmittal, Quote, Contract) pgs 114-116 I. Approve Alcoholic Beverages at the Yacht Club for the Jordan Family Event on March 26, 2022 from 11:00 am to 5:00 pm — DOB — Verified (Transmittal, Application, Receipt) pgs 117-119 J. Approve Alcoholic Beverages at the Community Center for the Ratelle Family Event on January 21, 2022 from 6:00 pm to 10:00 pm — DOB -Verified (Transmittal, Application, Receipt) 2 of 144 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 - None 11. UNFINISHED BUSINESS pgs 120-126 A. Engineer Review of the Crabby E. Bills Structure at Fisherman's Landing, City Council to Provide Direction on How to Proceed (Transmittal, Evaluation Report) 12. NEW BUSINESS pgs 127-144 A. Approval of an Aeronautical Land Lease Agreement with Gyrocopter Flight Training Academy (Transmittal, Land Lease, Letter) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Dodd B. Mayor Hill C. Vice Mayor Jones D. Council Member McPartlan E. Council Member Nunn 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 TKc-, FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S 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 SEATING ADA COORDINATOR AT 388-8226 —ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link hetow to join the webina3': haps:i:''iisO2web.zooj i.us ii88376,Sh8717 Or On.c tap mobile US: +13017158-592„88376868717# or {-13126266799,,8837686871.7µ Or Telephone: 3 of 144 Dial(f'or higher quality, dial a number based on your current location): LIS: +1 301 715 8592 or +1 312 626 6799 or -+-1 929 436 2866 or +1 253 2l5 8782 or +1 346 248 7799 or +1 669 900 6833 Wcbinar 1D: 883 7686 8717 International numbers available: htttps:;','gy02web.zoom-us/u/keNzOflKura PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Reaular City Council Meetinas Public input is ALLOWED under the heading: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public Input is NOTALLOWED 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 J Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinas 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. Appealiincl 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 Heading 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 144 0) -J SAST�LNN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, DECEMBER 15, 2021 -, 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Dodd Council Member McPartlan Council Member Nunn City Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. Records Specialist Cathy Testa Administrative Services Director Ken Killgore Public Facilities Director Scott Baker Community Development Director Lisa Frasier Community Development Manager Dorri Bosworth Leisure Services Director Brian Benton Engineering Director Karen Miller Lieutenant Constantine Savvidis 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council The City Manager made a request for Council to remove Consent Agenda item 8E from consideration this meeting. There was no objection by Council. Council Member Dodd asked to move item 12a up between the Consent Agenda and Public Input. There was no objection by 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. 21.163 A. Presentation of Certificate of Comoletion to Vice Mayor Jones for the Florida League of Cities IEMO Traininq 5 of 144 Regular City Council Meeting December 15, 2021 Page 2 Mayor Hill presented Vice Mayor Jones with the Florida League of Cities certificate and said Vice Mayor Jones continues to serve the city by educating himself. The Mayor thanked him for his service and his commitment to the community. Brief Announcements: Dec 17h — Sebastian Police Department Movie Night Out "Arthur Christmas" in Riverview Park — 6: 00pm Dec I e - "Shop with a Cop" Event at Vero Beach Walmart — 9am to 91 am Dec 18°° — Wreaths Across America's wreath laying ceremony will be held at the Sebastian Municipal Cemetery at 10:30am 7. PUBLIC INPUT - None 8. CONSENT AGENDA A. Approval of Minutes - October 27, 2021 Regular City Council Meeting B. Approval of Minutes - November 10, 2021 Regular City Council Meeting 21.164 C. Approve the Purchase of One 2022 Chevy Silverado 2500 HD Crew Cab 4WD B' Work Truck for the Public Works Department in the Amount of $35,393.00 Using the Sourcewell Contract #2022 120716-NAF & 060920-NAF (Transmittal, Quote, Contract) 21.012 D. Authorize Change Order #2 under the Loren Jock Trucking Agreement in the Amount of $ 19,722.83 to Allow Security-101 to Make Citywide Upgrades to the ProWatch System (Transmittal, Change Order #2-Revision A, ProWatch Technical Data Sheet) 21.165 E. Resolution No. R-21-33 FAA Airport Recue Grant in the Amount of $32,000 for Repairs and Maintenance Needed to the Sebastian Municipal Airport Terminal (Transmittal, FAA Airport Rescue Grant #3-12-0145-019-2022, R-21-33, FAA Airport Rescue Grant #X26-SOG-3-12-0145-019-2022) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT RESCUT GRANT FOR REPAIRS AND MAINTENANCE TO THE SEBASTIAN AIRPORT TERMINAL BUILDING IN THE AMOUNT OF $32,000; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVERNER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 19.156 F. Approval for Termination of Previously Approved FDOT Public Transportation Grant Agreement Relating to Taxi Lane Construction and Taxi Way Improvements at the Sebastian Municipal Airport. (Transmittal, FDOT Termination Agreement, FAA AIP Grant) 6 of 144 Regular City Council Meeting December 15, 2021 Page 3 21.167 G. Approve Alcoholic Beverages at the Community Center for the Williams Family Memorial Event on January 15, 2022 from 12:00pm to 8:00pm — DOB Verified (Transmittal, Application, Receipt) 21.168 H. Approve Alcoholic Beverages at the Community Center for the Fredell Family Event on February 5, 2022 from 4:00pm to 10:30pm — DOB- Verified (Transmittal, Application, Receipt) 21.169 I. Approve Alcoholic Beverages at the Community Center for the Parks Family Event on January 8, 2022 from 1:00pm to 7:00pm DOB -Verified (Transmittal, Application, Receipt) 21.170 J. Approve Alcoholic Beverages at the Community Center for the Degroat Family Event on January 29, 2022 from 2:30pm to 10:30pm — DOB -Verified (Transmittal, Application, Receipt) 21.171 K. Approve the Purchase of Ten Ballistic Vest Panels, Carriers and Rifle Plates for New Sebastian Police Officers and Current Officers with Expiring Vests in the Amount of $18,060.00 Using Federal Eastern International (Transmittal, Vendor Quote, Master Agreement Number, Purchase Requisition) 21.166 L. Resolution No. R-21-34 — Authorizing the Non -Exclusive Utility Easement to FP'L to Install Electrical Power Located at 68-70 Airport Drive West to Service (8) New Square Hangars. (Transmittal, FPL Easement form Attachment A, R-21-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE EASMENT WITH FLORIDA POWER AND LIGHT (FPL) PROVIDING ELECTRICAL SERVICE TO HANGARS LOCATED AT 70 AIRPORT DRIVE WEST ON SEBASTIAN MUNICIPAL AIRPORT PROPERTY; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill asked that item L be pulled from the Consent Agenda. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Consent Agenda items A-D and F-K. ROLL CALL: Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan—Aye Motion carried 5-0. The City Manager explained that he wanted item L pulled because of the incorrect title R-21-31, the correct title is R-21-34. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Resolution R-21-34. MOTION was approved by a unanimous voice vote. 7 of 144 Regular City Council Meeting December 15, 2021 Page 4 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. Council Member McPartlan reported on the MPO meeting that he and Council Member Dodd attended. The Committee talked about the replacement of the Sebastian Inlet Bridge in the coming years. They have planned several workshops. The project is in the design phase and really looks tremendous. There will be bump -outs along the way where you will be able oversee on the river side as well as on the ocean side. A bike lane will be added for safety. The finished project is scheduled for 2028. 10. PUBLIC HEARINGS QUASI-JUDICIAL HEARING Quasi -Judicial Procedures: Mayor opens hearing Attorney reads resolution/ordinance title City Council Members disclose ex-parte communication City Clerk swears in all who intend to provide testimony Applicant makes presentation Staff presents findings and analysis Council asks questions of applicant and staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or public City Council deliberation and questions Mayor calls for a motion City Council action LEGISLATIVE PUBLIC HEARING Legislative Public Hearing Procedures: Mayor opens hearing Attorney reads ordinance or resolution Staff presentation Public Input Staff summation Mayor closes hearing Council deliberation and action 21.016 A. First Readina and Transmittal Public Hearing of Ordinance No. 0-21-18 — Providina for Adootion of the Citv of Sebastian Comprehensive Plan 2040 Private Property Riahts Element (Transmittal, 0-21-18, Exhibit A, FS 163.3177(6)(i), P&ZILPA Minutes 1114121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTE; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040 PRIVATE PROPERTY RIGHTS ELEMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT WITH 8 of 144 Regular City Council Meeting December 15, 2021 Page 5 THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:15 p.m. and the City Attorney read the title of Ordinance No. 0-21-18. The City Manager explained that this was a statute change in the Florida Legislature that states as a part of our Comprehensive Plan, any Land Use changes or zoning changes must include Property Owners Rights. Staff developed the Private Property Rights and asks Council to approve this Ordinance on first reading to adopt the Property Rights Element as part of our Comprehensive Plan. There was no public input. Mayor Hill closed the public hearing at 6:17 p.m. MOTION made by Council Member Dodd and SECOND by Vice Mayor Jones to approve Ordinance 0-21-18 on first reading. ROLL CALL: Mayor Hill —Aye Council Member McPartlan--Aye Vice Mayor Jones —Aye Council Member Nunn --Aye Council Member Dodd --Aye Motion carried 5-0. 21.138 B. First Readina and Transmittal Public Hearina of Ordinance No. 0-21-19 - Reauest for Comprehensive Plan Future Land Use Mao Amendment to Desiqnate a Land Use Classification of Industrial for Land Currently Designated Commercial Industrial (Transmittal, 0-21-19, Land Use Staff Report, Application and supporting documents, P&ZILPA Minutes 1114121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF IN — INDUSTRIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF CII — COMM ERCIALIINDUSTRIAL, FOR LAND CONSISTING OF 1.47 ACRES, MORE OR LESS, KNOWN AS FISCHER 99TH STREET PROPERTY. LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED BY COMMERCIAL AND INDUSTRIAL LAND USES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:17 p.m. and the City Attorney read the title of Ordinance No. 0-21-19. The City Manager explained this is 1.47 acres of property located south of the Vickers Grove Mine off 99th Street. in November the Planning & Zoning Board acting as the Local Planning Agency (LPA) authorized and recommended approval for City Council to adopt this and consider Ordinance 0-21-19 on first reading. 9 of 144 Regular City Council Meeting December 15, 2021 Page 6 Attorney Warren Dill, representing Dr. Fischer, explained that this is part of an annexation, different issues but same property. He said that the Planning Commission reviewed this and they unanimously approved it. There was no public input. Mayor Hill closed the public hearing at 6:20 p.m. MOTION by Vice Mayor Jones and SECOND by Council Member McPartlan to approve Ordinance 0-21-19 on first reading. ROLL CALL: Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan—Aye Motion carried 5-0 21.138 C. Quasi -Judicial First Reading of 0-21-20 Request for Rezoninq of 1.47 AcrE:s Known as Fischer's 99th Street Property (Transmittal, 0-21-20, Rezone Staff Report, Application and supporting documents, P&ZILPA Minutes 11/4/21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF IN — INDUSTRIAL WITH CURRENT ZONING DESIGNATIONS OF IL -- LIGHT INDUSTRIAL FOR LAND CONSISTING OF 1.47 ACRES, MORE OR LESS, KNOWN AS FISCHER 99T" STREET PROPERTY; LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDE❑ BY COMMERCIAL AND INDUSTRIAL LAND USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the Quasi -Judicial hearing at 6:20 p.m. and the City Attorney read the title of Ordinance No. 0-21-20. There were no ex-parte communications to disclose and the Clerk swore in those who intended to provide testimony. Attorney Warren Dill explained that this is just putting the zoning on top of the Comprehensive Plan that was just approved a few minutes ago. The Mayor said this property is consistent with our Comp Plan and it is a great idea. There was no public input. Mayor Hill closed the public hearing at 6:24 p.m. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance 0-21-20 on first reading. ROLL CALL: Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan—Aye Council Member Dodd --Aye Council Member Nunn --Aye Motion Carried 5-0. 10 of 144 Regular City Council Meeting December 15, 2021 Page 7 21.140 D. First Readinq and Transmittal Public Hearina of Ordinance No. 0-21-21- Request for Comorehensive Plan Future Land Use Map Amendment to Designate a Land Use Classification of General Commercial for Lane Currently Designated Commercial Industrial (Transmittal, 0-21-21, Land Use Staff Report, Application and supporting documents, P&ZILPA Minutes 1114I21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF GC - GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF Cll - COMMERCIAL/INDUSTRIAL, FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HWY 1 PROPERTY, LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The Mayor opened the public hearing at 6:24 p.m. and the City Attorney read the title of Ordinance No. 0-21-21. The City Manager said this 6.17 acre property is currently zoned Commercial Industrial and they would like to make it a Commercial General designation. The Planning & Zoning in November considered the Future Land Use Map and recommended that City Council adopt it. There was no public input. The Mayor closed the public hearing at 6:26 p.m. MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve Ordinance 0-21-21 on first reading. ROLL CALL: Mayor Hill —Aye Council Member McPartlan--Aye Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Motion Carried 5-0. 21.140 E. Quasi -Judicial First Readina of 0-21-22 Reauest for Rezoning of 6.17 Acres Known as Fischer's US Hiqhwav Propertv (Transmittal, 0-21-22, Rezone Staff Report, Application and supporting documents, P&ZILPA Minutes 1114121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG - COMMERCIAL GENERAL WITH CURRENT ZONING DESIGNATIONS OF CL - COMMERCIAL LIMITED FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HIGHWAY 1 PROPERTY; LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 of 144 Regular City Council Meeting December 15, 2021 Page 8 The Mayor opened the Quasi -Judicial meeting at 6:27 p.m. and the City Attorney read the title of Ordinance No.0-21-22. There were no ex-parte communications to disclose and the Clerk swore in those who intended to provide testimony. Attorney Warren Dill explained that the Council has heard this before with the annexation. This went before the Planning & zoning Commission and they voted unanimously in favor of the rezoning. There was no public input. The Mayor closed the public hearing at 6:30 p.m. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Ordinance 0-21-22 on first reading. ROLL CALL: Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan--Aye Motion Carried 5-0 21,139 F. First Readina and Transmittal Public Hearinq of Ordinance No. 0-21-23- Request for Comprehensive Plan Future Land Use Map Amendment to Desianate a Land Use Classification of Very Low Densitv for Land Currently Designated Rural (Transmittal, 0-21-23, Land Use Staff Report, Application and supporting documents, P&ZILPA Minutes 1114121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF VLD - VERY LOW DENSITY FOR LAND WITH A CURRENT LAND USE DESIGNATION OF R - RURAL, FOR LAND CONSISTING OF 19.58 ACRES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION, LOCATED AT THE SE INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND 114 MILE NORTH OF CR51 D, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY; AUTHORING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The Mayor opened the public hearing at 6:30 p.m. and the City Attorney read the title of Ordinance No. 0-21-23. The City Manager explained that this is another Future Land Use Map Amendment for Cross Creek Lake Estates. This property is 19.5 acres which is vacant and it's compatible with the Cross Creek Lake Estates development. In November the Local Planning Agency held a hearing and recommended that City Council adopt this FLUM amendment. Colleen Sherry, Cross Creek Lake Estates, respectfully asked if Council would refrain from changing the zoning from Rural to Residential at this time. She would like to see 12 of 144 Regular City Council Meeting December 15, 2021 Page 9 the developer develop the existing property properly before he is allowed to proceed further with the other 19 acres. Dr. Jeff Carrier, 461 Lanfair, said even though he would rather not have this area developed he understands that it is inevitable and is glad that it is proposed for development under low density. He said this proposed development could be a model for the City. It's consistent with the Sustainable Sebastian Plan which Council approved this summer. While reviewing the documents that were submitted by the developer he noted some potential problems. One being something the developer mention which is the inadequate access both ingress and egress particularly for an emergency. The streets in the development are very small most of them are single lane -one way which means access is terribly limited. Dr. Carrier understands that plats have not been reviewed and it is premature for concerns but thought if Council is made aware of potential problems ahead there would be an opportunity then for staff to work with the developer and all parties could be satisfied. The Mayor closed the public hearing at 6:42 pm. The Mayor expressed that the issue being brought before Council tonight is the properly in the future being low density. This is not the right time to have a discussion regarding the developer and their homeowner association. Council Member Dodd reiterated that this is about zoning. He does have concerns about the comments from the public tonight but all that Council is approving in this particular item is that this property is going to be low density residential. Council is not approving plats or exits and entrances as part of this item. Council Member McPartlan said he doesn't feel comfortable going forward with the approval of this Ordinance unless the questions and concerns from the residents have been answered. Attorney Warren Dill said at the Planning & Zoning meeting there were similar comments He said he is concerned with their comments and is planning to work with staff and possibly City Council at a meeting to address the concerns. Tonight that is not what is before City Council; this is strictly an amendment to the Comprehensive Plan. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve 0-21-23 on first reading. ROLL CALL: Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan—Nay Council Member Dodd --Aye Council Member Nunn --Aye Motion Carried 4-1. 21.139 G. Quasi -Judicial First Reading of 0-21-24 Reauest for Rezonina of 19.58 Acres Known as Cross Creek Addition (Transmittal, 0-21-24, Rezone Staff Report, Application and supporting documents, P&ZILPA Minutes 1114121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RES-10 — RESIDENTIAL SINGLE FAMILY WITH CURRENT ZONING 13 of 144 Regular City Council Meeting December 15, 2021 Page 10 DESIGNATIONS OF A-1 - AGRICULTURE 1 FOR LAND CONSISTING OF 19.58 ACRE), MORE OR LESS, KNOWN AS CROSS CREEK ADDITION; LOCATED AT THE SE INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND '/ MILE NORTH OF CR 510, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the Quasi -Judicial Hearing at 6:53 p.m. and the City Attorney read the title of Ordinance No. 0-21-24. There were no ex-parte communications to disclose and the Clerk swore in those who intended to provide testimony. Attorney Warren Dill explained that the zoning meets all the requirement of the Comprehensive Plan. He said that low density 3 units per acre are a very good classification for the City of Sebastian. It provides a good tax base with low impact. The City Manager said the zoning is compatible with the adjacent Cross Creek development. In November the Planning & Zoning Commission held a hearing and recommended adoption. There was no public input. The Mayor closed the public hearing at 6:58 p.m. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve 0-21-24 on first reading. ROLL CALL: Mayor Hill —Aye Council Member McPartlan--Aye Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Janes --Aye Motion Carried 5-0. 21.141 H. First Reading and Transmittal Public Hearing of Ordinance No. 0-21-25- Request for Comprehensive Plan Future Land Use Map Amendment to Desianate a Land Use Classification of Mixed Use for Land with a Prior Countv Classification of Commercial Industrial (Transmittal, 0-21-25, Land Use Staff Report, Application and supporting documents, P&ZILPA Minutes 1114121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF MU - MIXED USE FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF Cll - COMMERCIALIINDUSTRIAL (22.00 ACRES) AND CITY LAND USE DESIGNATION OF CG-COMMERCIAL GENERAL (7.57 ACRES) FOR LAND CONSISTING OF 29.57 ACRES, MORE OR LESS, KNOWN AS SOUNDVIEW AT SEBASTIAN; LOCATED SOUTH OF COMMERCIAL/INDUSTRIAL LAND, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1, AND NORTH OF COMMERCIAL LAND USE, AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING 14 of 144 Regular City Council Meeting December 15, 2021 Page 11 FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The Mayor opened the public hearing at 7:00 p.m. and the City Attorney read the title of Ordinance No. 0-21-25. The City Manager explained this parcel of land is on US1 just north of Barber Street. It is partially in the city and partially in the county. The zoning in the county is zoned Commercial Industrial and Commercial General. Staff would like Council to consider the FLUM amendment for mixed land use as part of our 2040 Comprehensive Plan. This came before the Planning & Zoning Commission acting as the Local Planning Agency on November 4t" and was recommended that City Council adopt 0-21-25. Vice Mayor Jones asked if this area would be included in the affordable housing plan. The Community Development Director said the developer did say his intention is to make the property for multi -family and a portion of it will be obtainable for affordable housing. There was no public input. The Mayor closed the public hearing at 7:06 p.m. MOTION by Vice Mayor Jones and SECOND by Council Member McPartlan to approve 0-21-25 on first reading. ROLL CALL: Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan—Aye Motion Carried 5-0. 21.172 I. First Readinq and Transmittal Public Hearina of Ordinance No. 0-21-215- Reauest for Comprehensive Plan Future Land Use Mai) Amendment to Desiqnate a Land Use Classification of Conservation for Land Currenlly Classified as Low Densitv Residential (Transmittal, 0-21-26, Land Use Staff Report, Application and supporting documents, P&ZILPA Minutes 12/2/21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CON -CONSERVATION FOR LAND WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 7.88 ACRES, MORE OR LESS, KNOWN AS MARINE RESOURCES COUNCIL CONSERVATION PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH OF VACANT AGRICULTURAL LAND; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The Mayor opened the public hearing at 7:06 p.m. and the City Attorney read the title of Ordinance No. 0-21-26. 15 of 144 Regular City Council Meeting December 15, 2021 Page 12 The City Manager explained this property was purchased by the Marine Resources Council of East Florida through the Florida Communities Trust and part of the requirements of the FCT is to make this Conservation land. The land is currently zoned as Residential. Staff is asking Council to consider the amendment from Low Density Residential to Conservation. This is another great opportunity where we are putting land into Conservation through the help of others along the St. Sebastian River. There was no public input. The Mayor closed the public hearing at 7:12 p.m. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve 0-21-26 on first reading. ROLL CALL: Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan—Aye Council Member Dodd --Aye Council Member Nunn --Aye Motion Carried 5-0. 21.173 J. Quasi -Judicial First Readinq of_0-21-27 Request for Rezoninq of 7.88 Acres Known as the Marine Resources Conservation Pror)erty (Transmittal, 0-21-2 7, Rezone Staff Report, Application and supporting documents, P&ZILPA Minutes 1212121) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF C — CONSERVATION WITH CURRENT ZONING DESIGNATIONS OF RS-10 — RESIDENTIAL SINGLE FAMILY FOR LAND CONSISTING OF 7.88 ACRES, MORE OR LESS, KNOWN AS MARINE RESOURCES CONSERVATION PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH OF VACANT AGRICULTURAL LANE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing at 7:13 p.m. and the City Attorney read the title of Ordinance 0-21-27. There were no ex-parte communications to disclose and the Clerk swore in those who intended to provide testimony. The City Manager explained this Ordinance for the rezoning of the Marine Resources Council property and asks to remove the RS10 Residential Single Family to Conservation for this parcel. There was no public input. The Mayor closed the public hearing at 7:15 p.m. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve 0-21-27 on first reading. 16 of 144 Regular City Council Meeting December 15, 2021 Page 13 ROLL CALL: Mayor Hill —Aye Council Member Dodd —Aye Vice Mayor Jones —Aye Motion Carried 5-0. Council Member McPartlan--Aye Council Member Nunn --Aye 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 21.174 A. Request for Direction on Lease Cancellation and Future Operation of Senior Activitv Center (Transmittal, Lease Cancellation Memo, Lease with Senior Center) The City Manager said a letter was received from the Board Members of the Senior Center and they want to discontinue their contract with the City effective December 31, 2021. He asked if Council would consider the City taking over and maintaining the Center. Staff thinks it would be appropriate to maintain the Center in order to allow it to continue and function. It is a great place for our seniors to gather and socialize. The City may also consider offering some different programs as well. The Mayor said the Senior Center has been an absolute jewel in the City of Sebastian and it is an asset we need to continue operating. He would support directing the City Manager to work with staff and the seniors in coming up with a consideration of the City maintaining the operation. Council Member Dodd was concerned with the lease provisions and allowing it to be cancelled. The City Manager said they filed the provisions in the lease for termination and gave the city a 30 day notice. Vice Mayor Jones agrees with the prior statements by Council. He thanked Andrea Coy and everyone at the Senior Center for everything they have done. Andrea Coy, Sebastian, representative for the Board of Directors. She's very happy with what she has heard tonight form Council. She agreed the Center is an asset and promised to work with the Leisure Services Director to make it an easy transition. She finished by saying the Board is also going to give their treasury to the City which is about $4,000. Mayor Hill thanked Ms. Coy and said she did an outstanding job over the years at the Senior Center. Janet Graham, Micco, a member at the Senior Center, collected a petition with five pages of signatures from the members to keep the Senior Center open and active. (see attached) Council Member McPartlan said he remembered being on Council when Ms. Coy came up with the idea for the Senior Center. He said the Senior Center has given money back to the city every year. 17 of 144 Regular City Council Meeting December 15, 2021 Page 14 21.175 21.176 MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to make the Senior Center a part of Leisure Services Department starting January 1, 2022. ROLL CALL: Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Mayor Hill --Aye Council Member McPartlan --Aye Motion carried 5-0. B. Resolution No. R-20-34 — Consider City Council Meetinq Procedures (Transmittal, R-20-34) Council Member Dodd wanted to discuss Section 2 item F because it indicates that Council can have a quorum through CMT and under state law that is no longer allowed. The City Attorney stated that for Section 2, Item E to be consistent with Item F a change in the second to the last sentence that states City Officials can fuFv participate and take official action during a public meeting by the use of CMT needs to state that you can participate by zoom but still have to have a physical quorum. Mayor Hill discussed adding in Section 8 (A) after the words under Consent Aqenda, he would like to add in parentheses for an item that is Dulled by a Council Member. The way it reads now public input is allowed under consent agenda. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve the modification to R-20-34 with the changes to Section 2, Item E and Section 8 Item A. The motion passed with a unanimous voice vote. C. Consider a Date for a Public Workshop for Discussion on How to Best Utilize Funding by the American Rescue Plan Act. The Mayor asked Council Members if it would be appropriate to have the workshop at 5 p.m. before one of the scheduled City Council Meetings in January. The City Manager asked Council if the Workshop could be held on January 261n Council Member McPartlan made a request to also add a morning session. He said there may be some residents unable to attend in the evening that might have input. He said this is an important subject and should have as much input as possible. A MOTION by Council Member Dodd and SECOND by Council Member Nunn to suspend the rules and schedule a Workshop to discuss the American Rescue Plan Act funding at 1:00 p.m. and 5:00 p.m on January 26`n 2022. John Christino, Sebastian asked if the City Manager could put what is allowed under the program on the website. ROLL CALL: Mayor Hill —Aye Council Member McPartlan--Aye 18 of 144 Regular City Council Meeting December 15, 2021 Page 15 Council Member Dodd —Aye Council Member Nunn --Aye Vice Mayor Jones —Aye Motion Carried 5-0. 13, CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager thanked the Leisure Services Director and all staff that helped to make this year's Christmas Parade a success. The City Manager introduced the new City Engineer, Karen Miller. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Nunn Council Member Nunn informed the City Manager that he has been having discussions with our Police Officers and one of the big concerns is with the application process. He said it is an 86 page paper application that has to be completed by hand. He asked the City Manager if there is a digital process available through one of our software programs to assist with the process. He is hoping the digital process will get more officers to want to apply and in turn, with more applications, we could hire more officers. The City Manager said he would look into it. B. Council Member Dodd The Treasure Coast Regional League of Cities is currently working on their Legislative Priorities. There are many bills that are disruptive to the cities. It is important that there is communication with the Senators. There is going to be an advocacy team in February in Tallahassee to meet with the members of the Legislature. He asked Council to give approval for himself and the City Manager to attend this meeting. There was a consensus of Council to approve Council Member Dodd to attend the meeting in Tallahassee. C. Mavor Hill This year there seemed to be more people in attendance at the Christmas Parade and he was so proud to serve the City that night. He thanked the citizens for coming out and thanked staff for all their hard work this year. C. Vice Mavor Jones Merry Christmas & Happy New Year to everyone in the City. He thanked staff for their hard work this year. D. Council Member McPartlan 19 of 144 Regular City Council Meeting December 15, 2021 Page 16 The Learning Alliance is a program involved with children's literacy. The program gets children to their reading level by 3�d grade. They are running a campaign asking businesses to put posters in their storefront to bring awareness to the program. 17. Being no further business, Mayor Hill adjourned the regular City Council Meeting at 7:42 p.m. Approved at the January 12, 2022 Regular City Council meeting. Mayor Jim Hill A TTES T.- Jeanette Williams, MMC — City Clerk 20 of 144 arra SIEBAST, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Agenda item Title: Approval of Resolution R-22-01 representing acceptance of a FAA Airport Rescue Grant in the amount of $32,000.00 for use at Sebastian Municipal Airport. - Recommendation: Staff recommends City Council approval of a federal Airport Rescue Grant in the amount of $32,000 for used at Sebastian Municipal Airport; and give authorization for the City Manager to execute the appropriate document(s). Background: On November 8th, 2021, the City of Sebastian received a FAA Airport Rescue Grant in the amount of $32,000 for use at Sebastian Municipal Airport. This is a 100% grant with no required local matching funds. The grant will be used for airport improvements. This Agenda Item Reauires No Exoenditure of Funds: Attachments: 1) Resolution R-22-01 2) FAA Airport Rescue Grant #X26-SOG-3-12-0145-019-2022 3) FAA Face Coverings Policy Administrative Service City Attorney Review: Procurement Division s Departm Wwe�� Revie , if ap City Manages Authorization: Date: I/ /.,, 2 21 of 144 I�-��1>�f� �L�1►1�[�a�Tli A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT RESCUE GRANT FOR AIRPORT IMPROVMENTS, REPAIRS AND MAINTENANCE IN THE AMOUNT OF $32,000; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Federal Aviation Administration has extended an Airport Rescue Grant #3-12-0145-019-2022 in the amount of $32,000, requiring no local matching funds, and which will be used for repairs and maintenance to the Airport Terminal Building at Sebastian Municipal Airport and Whereas, the City of Sebastian agrees to the conditions of such funding, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said FAA GRANT AGREEMENT on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: 22 of 144 RESOLUTION 22-01 Page 2 Mayor Jim Hill Vice Mayor Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Council Member Ed Dodd The Mayor thereupon declared this resolution duly passed and adopted this 12th day of January, 2022. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., ESQ City Attorney 23 of 144 U.S. department of Transportation fa Federal Aviation Administration November 8, 2021 Scott Baker Airport director Sebastian Municipal Airport 202 Airport Drive East Sebastian, Florida 32958 Mr. Balser: 3-12-0145-019-2022 FAA ORL ADO 9427 5outhpark Circle, Suite 524 Orlando, FL 32819 Please find the following electronic Airport Rescue Grant Offer, Grant No. 3-12-0145-019-2022 for Sebastian Municipal Airport. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than December 4, 2021 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then routed via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you draw down and expend these funds within four years. An airport sponsor may use these funds for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Please refer to the Airport Rescue Grants Freguentiy Asked Questions for further information. With each payment request you are required to upload an invoice summary directly to Delphi. The invoice summary should include enough detail to permit FAA to verify compliance with the American Rescue Plan Act (Public Law 117-2). Additional details or invoices may be requested by FAA during the review of your payment requests. As part of your final payment request, you are required to include in Delphi: • A signed SF-425, Federal Financial Report • A signed closeout report Until the grant is completed and closed, you are responsible for submitting a signed and dated SF-425 annually, due 90 days after the end of each Federal fiscal year in which this grant is open (due December 31 of each year this grant is open). 24 of 144 05 yAIrI U111) RDF11;]►% As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200.5ubpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. I am readily available to assist you and your designated representative with the requirements stated herein. The FAA sincerely values your Cooperation in these efforts. Sincerely, Bart Vernace, P.E. Manager 25 of 144 3-12-0145-019-2022 U.S. Department of Tra nsportation Federal Aviation Administration AIRPORT RESCUE GRANT CrT7T►III r,MR4MI4NII Part I - offer Federal Award offer Date November 8, 2021 Airport/Planning Area Sebastian Municipal Airport Airport Rescue Grant No. 3-12-0145-019-2022 Unique Entity Identifier 087757977 TO: City of Sebastian Iherein called the "Sponsor") FROM; The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA an Airport Rescue Grant Application stated July 16, 2021, for a grant of Federal funds at or associated with the Sebastian Municipal Airport, which is included as part of this Airport Rescue Grant Agreement; WHEREAS, the Sponsor has accepted the terms of FAA's Airport Rescue Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Airport Rescue Grant Application for the Sebastian Municipal Airport, (herein called the "Grant" or "Airport Rescue Grant") consisting of the following: WHEREAS, this Airport Rescue Grant is provided in accordance with the American Rescue Plan Act ( "ARP Art", or "the Act"), Public Law 117-2, as described below, to provide eligible Sponsors with funding for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Airport Rescue Grant amounts to specific airports are derived by legislative formula (See Section 7102 of the Act). WHEREAS, the purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes directly related to the airport. Such purposes can include the reimbursement of an airport's operational expenses or debt service payments in accordance with the limitations prescribed in the Act. 26 of 144 3-12-0145-019-2022 Airport Rescue Grants may be used to reimburse airport operational expenses directly related to Sebastian Municipal incurred no earlier than January 20, 2020. Airport Rescue Grants also may be used to reimburse a Sponsor's payment of debt service where such payments occur an or after March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the same principles that govern "airport revenue." New airport development projects not directly related to combating the spread of pathogens may not be funded with this Grant. Funding under this Grant for airport development projects to combat the spread of pathogens will he reallocated using an addendum to this Agreement for identified and approved projects. NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2, the representations contained in the Grant Application, and in consideration of (a) the Sponsor's acceptance of this offer; and, (bj the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SLIBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $32,000, allocated as follows: $32,000 ARPA KW2022 2. Grant Performance. This Airport Rescue Grant Agreement is subject to the following Federal award requirements: a. The Period of Performance: 1. Shall start on the date the Sponsor formally accepts this agreement, and is the date signed by the last Sponsor signatory to the agreement. The end date of the period of performance is 4 years (1,460 calendar days) fram the date of acceptance. The period of performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. (2 Code of Federal Regulations (CFR) § 200.1) b. The Budget Period: 1. For this Airport Rescue Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the budget period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds tarried forward or other revisions pursuant to § 200.308. c. Close out and Termination. 27 of 144 K�f►�i�lCl.�r)FL3Tri►l►a 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the Grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344) The FAA may terminate this Airport Rescue Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the ARP Act. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. 5. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%. 5. Completing the Grant without Delav and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Airport Rescue Grant Agreement, the ARP Act, and the regulations, policies, standards, and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months or a 25 percent reduction in time devoted to the Grant, and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8, Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before December 4, 2021, or such subsequent date as may be prescribed in writing by the FAA. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Airport Rescue Grant Agreement, the ARP Act, or other provision of applicable law. For the purposes of this Airport Rescue Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Iniury• The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Airport Rescue M 28 of 144 3-12-0145-019-2022 Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Airport Rescue Grant Agreement. 11. Svstem for Award Management (SAM) Registration and Unique Entitv Identifier 1UEIJ. a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at htto://www.sam.Rov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEl may be obtained from SAM.gov at httDs://sam.gov/SAM/;jaRes/oublic/index.isf. 12. Electronic Grant Pavment(s]. Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Air and Water Qualitv. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Agreement. 14. Financial Reporting and Pavment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buv American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code (U.S.C.) § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 16. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http:Ilharvester.census.govlfacweb/. Upon request of the FAA, the Sponsor shall provide one ropy of the completed audit to the FAA. 17. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non -Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting the entity is not excluded or disqualified from participating; or 29 of 144 3-12-0145-019-2022 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g., subcontracts). c. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 18. Ban on Textine While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Airport Rescue Grant or subgrant funded by this Grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: A. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and B. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded by this Airport Rescue Grant. 19, Trafficking in Persons. a. You as the recipient, your employees, subrecipients under this Airport Rescue Grant, and subrecipients' employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the Airport Rescue Grant. b. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — 1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue Grant Agreement term; or 2. Has an employee who is determined by the agency official authorized to terminate the Airport Rescue Grant Agreement to have violated a prohibition in paragraph a. of this Airport Rescue Grant term through conduct that is either — A. Associated with performance under this Airport Rescue Grant; or 30 of 144 3-12-0145-019-2022 B. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this Grant condition during this Airport Rescue Grant Agreement. d. Our right to terminate unilaterally that is described in paragraph a. of this Grant condition: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and 2. Is in addition to all other remedies for noncompliance that are available to the FAA under this Airport Rescue Grant. 20. Emplovee Protection from Reprisal. a. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (a)(2) of this Grant condition, information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal employee responsible for oversight or management of a grant program at the relevant agency; e. A court or grand jury; f. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or g. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph a. of this Airport Rescue Grant Agreement may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 31 of 144 3-12-0145-019-2022 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). 5. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Airport Rescue Grant Agreement. 22. Face Coverings Policv. The sponsor agrees to implement a face -covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) and Transportation Security Administration (TSAI requirements, as applicable, at all times while in all public areas of the airport property, except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until Executive Order 13998, Promoting COVI❑-19 Safety in Domestic and International Travel, is no longer effective. 0 32 of 144 3-12-0145-019-2022 The Sponsor's acceptance of this Offer and ratification and adoption of the Airport Rescue Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor. The Offer and Acceptance shall comprise an Airport Rescue Grant Agreement, as provided by the ARP Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to this Grant. The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated November 8, 2021 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Bart Vernace (Typed Name) Manager (Title of FAA Official) 10 33 of 144 3-12-0145-019-2022 Part 11- Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Airport Rescue Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Airport Rescue Grant Application and all applicable terms and conditions provided for in the ARP Act and other applicable provisions of Federal law. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated November 8, 2D21 City of Sebastian (Name of Sponsor) Paul E. Carlisle (Nov 8, 2021 09:35 EST) (Signature of Sponsor's Designative DfTciai/Representative) By; Paul E. Carlisle (Type Name of Sponsot's Designative offciaf/Representotivej Title: City Manager (Title of Sponsor's Designative Official/Representative) I Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 tFalse Statements) and could subject you to fines, imprisonment, or both. 11 34 of 144 3-12-0145-019-2022 CERTIFICATE OF SPONSOR'S ATTORNEY I, MANNY ANON, JR. , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the ARP Act. The Sponsor understands funding made available under this Grant Agreement may only be used for costs related to operations, personnel, cleaning, sanitization, janitor€al services, and combating the spread of pathogens at the airport incurred on or after January 20, 2020, or for debt service payments that are due on or after March 11, 2021. Further, it is my opinion the foregoing Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated at November S, 2021 By: MANNY ANON, YR. MANNY ANON, JR. (Nov 8, 2D2109:45 EST) (Signature of Sponsar's Attorney) 5Fa 35 of 144 AIRPORT RESCUE GRANT ASSURANCES AIRPORT SPONSORS A. General. ItOV010-190100111OX 1. These Airport Rescue Grant Assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the American Rescue Plan Act of 2021 ("ARP Act," or "the Act"), Public Law 117-2. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor' means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Airport Rescue Grant offer by the sponsor, these assurances are incorporated into and become part of this Airport Rescue Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this Airport Rescue Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Airport Rescue Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. Chapter 471, as applicable b. Davis -Bacon Act — 40 U.S.C. 276(a), et. se c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et. sect. d. Hatch Act — 5 U.S.C. 1501, et. seg. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et. seg. f. National Historic Preservation Act of 1966 — Section 106 — 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et• seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended, k. Flood Disaster Protection Act of 1973 — Section 102(a) — 42 U.S.C. 4012a. I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et. seq. 13 36 of 144 3-12-0145-019-2022 q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et. seq. s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373. t. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327, et. seg. u. Copeland Anti -kickback Act -- 18 U.S.C. 874.1. v. National Environmental Policy Act of 1969 — 42 U.S.C. 4321, et. seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 — 31 U.S.C. 7501, et. seg.' y. Drug -Free Workplace Act of 1988 — 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246-- Equal Employment Opportunity b. Executive Order 11990 — Protection of Wetlands c. Executive Order 11998— Flood Plain Management d. Executive Order 12372 — Intergovernmental Review of Federal Programs e. Executive Order 12699 —Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 — Environmental Justice g. Executive Order 14005 — Ensuring the Future Is Made in All of America by All of America's Workers. FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.3- c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 — Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1— Procedures for predetermination of wage rates.' g. 29 CFR Part 3 — Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' 14 37 of 144 3-12-0145-019-2022 h. 29 CFR Part 5 — Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' i. 41 CFR Part 60 -- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of labor (Federal and Federally assisted contracting requirements).' j. 49 CFR Part 20 — New restrictions on lobbying. k. 49 CFR Part 21-- Nondiscrimination in Federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 1. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. m. 49 CFR Part 2 6 — Participation by Disadvantaged Business Enterprises in Department of Transportation Program. n. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' o. 49 CFR Part 28— Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p, 49 CFR Part 30 — Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 -- Government -wide Requirements for Drug -Free Workplace (Financial Assistance). r. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41— Seismic safety of Federal and Federally assisted or regulated new building construction. FOOTNOTES TO AIRPORT RESCUE GRANT ASSURANCE B ' These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. 3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFic AssURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 1. Purpose Directly Related to the Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing 1s 38 of 144 3-12-0145-019-2022 and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. 5. Consistency with Local Plans. Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the Airport Rescue Grant application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. S. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located. 7. Consultation with Users. In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Fib 39 of 144 3-12-0145-019-2022 S. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program far the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, including Airport Rescue Grant funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 9. Accounting System, Audit, and Record Keeping Requirements. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 10. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on the airport funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 11. Veteran's Preference. It shall include in all contracts for work on any airport development project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 12. Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies far maintenance and 17 40 of 144 3-12-0145-019-2022 operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport {including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 14. Compatible Land Use. it will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed -based operator is not an exclusive right if — it is unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide the services; and b. allowing more than one fixed -based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. 16. Airport Revenues. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums for costs 18 41 of 144 related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments as prescribed in the Act. b. For airport development, 49 U.S.C. § 47133 applies. 17. Reports and Inspections. It will: submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 19. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 153, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto, 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan 19 42 of 144 as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Real Property. Where the sponsor receives a grant or other Federal Financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language 20 43 of 144 3-12-0145-019-2022 It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: "The City of Sebastian, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 20OOd-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT Acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 1 It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. C. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub - grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. D. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 21 44 of 144 3-12-0145-019-2022 22. Policies, Standards and Specifications. It will carry out any project funded under an Airport Rescue Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for A I P projects, as of July 16, 2021. 23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsors DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per -unit acquisition cost equal to or greater than $5,000. Procurements by micro - purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. 22 45 of 144 3-12-0145-019-2022 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at http://www.faa.Rov/airr)orts/resources/advisory circulars and http://www.faa.eovlreeulations voliciesladvisory circulars 23 46 of 144 Scott Baker From: Farris, Bill (FAA) <Bill.Farris@faa.gov> Sent: Thursday, December 16, 2021 1:15 PM To: Scott Baker Subject: RE: Question on American Rescue Grant Assurances Scott, i would recommend you to use the link below for you to determine whether or not your airport would need to comply with the Face Covering Policy. The link includes the requirements for the transportation components of the Executive Order. https:llwww.cdc.gov/coronavirus/20l9-ncov/travelers/face-masks-publ ic-transportation. htm I Thank you Bill Farris FAA Orlando ADO From: Scott Baker<RBaker(@CitvofSebastian.org> Sent: Wednesday, December 15, 2021 2:57 PM To: Farris, Bill (FAA) <BiII.Farris(@faa.gov> Subject: question on American Rescue Grant Assurances Hello Bill, Reference the American Rescue Grant offering to Sebastian Municipal Airport #3-12-0145-019-2022 Assurance paragraph #22. Face Coverings Policv. States "The sponsor agrees to implement a face -covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the airport property, except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until Executive order 13998, Promoting CDVID- 19 Safety in Domestic and International Travel, is no longer in effect. So my question is — how does this policy affect general aviation airports like Sebastian? Are we required to implement a mask policy for tenants, visitors and employees on airport grounds? As you know, the Governor and state legislature have passed laws in Florida making it illegal to require masks. If the Sebastian City Council balks at implementing a mask policy does this mean the grant offering will be withdrawn? Have other airports raised a red flag? Need some advice and guidance please on how to proceed. Many Thanks, Scott Baker Sebastian Municipal Airport 47 of 144 Florida has a very broad Public Records Law (Florida Statute Title X. Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 'Think Green! Please do not print this e-mail unless necessary. '17lis email has been scanned for Spam and viruses by Proofpolilt Essentials. Click here to report this email as Spam. 48 of 144 littps://wN►°►►•.cdc.cyo►y/coroiia►virus/2019-i►corltrarcicrslfacc-masks-public-transportatio[I. [it III I Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs Updated Aug. 27, 2021 Print Summary of Recent Changes CDC is announcing that it will be amending its Face Masks Order to not require people to wear a mask in outdoor areas of conveyances (if such outdoor areas exist on the conveyance) or while outdoors at transportation hubs. CDC is announcing that, until it can amend the Order, it will exercise its enforcement discretion to not require wearing a mask in outdoor areas of transportation conveyances (if such outdoor areas exist on the conveyance) or while outdoors at transportation hubs. CDC continues to recommend wearing of masks in these areas by people who are not fully vaccinated. What is a transportation hub? A transportation hub is any location, indoors or outdoors, where people await, board, or disembark public transportation conveyances. These include but are not limited to commercial airports, general aviation airport buildings with commercial flights, bus terminals, all commercial vessel terminals, train and subway stations, seaports, U.S. ports of entry, and dedicated ride - share pick-up locations. Scott Baker Notes: After consulting with the FAA, the City is advised to read and interpret the mask covering policy outlined in Paragraph 22. of the Airport Rescue Grant using the CDC guidelines for REQUIREMENT FOR FACE MASKS ON PUBLIC TRANSPORTATION CONVEYANCES AND AT TRANSPORTATION HUBS. Insofar as Sebastian Municipal Airport supports no commercial air travel operations, by definition, it is not a "Transportation Hub" and therefore is not subject to the Face Coverings Poticy as outlined in the Airport Rescue Grant. 49 of 144 c�CM�f SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Aqenda Item Title: Approval of a Fishe Flying Corp, Inc. Lease Amendment to Hangar 'C' at Sebastian Municipal Airport. Recommendation: Staff recommends City Council approval of a First Lease Amendment to Fishe Flvina Corp Lease of Hangar 'C' and authorization for the City Manager to execute the required document(s). Backaround: Fishe Flying Corp. (dba Pilot's Paradise Academy) initiated a lease for Hangar'C' at Sebastian Municipal Airport on February 10, 2021. Since then the company has expanded its fleet of training and rental aircraft. Pilots Paradise Academy is requesting aircraft parking in the apron area immediately in front of Hangar 'C'. Airport Staff believes this is a reasonable request and that the proposed aircraft parking area will not present safety issues or adversely affect business operations of neighboring tenants. Pilot's Paradise Academy will pay a fair market value of $0.201SF on an annual basis for the aircraft apron parking area. The original lease amount was $4,022.251month, which will be increased by $261.00 with the addition of this parking apron, The existing agreement has a rate increase of 3% per year and this additional space will require the same terms. This Agenda Item Requires No Expenditure of Funds: Attachments: 1) First Amendment of Aviation Lease Agreement — Fishe Flying Corp, Inc. — Hangar 'C' Administrative Services Departm City Attorney Review: Procurement Division City Manager Authorization Date: f , if 50 of 144 FISHE FLYING CORP. — HANGAR `C' FIRST AMENDMENT OF AVIATION LEASE AGREEMENT January 12, 2022 THIS FIRST AMENDMENT OF THE AIRPORT AVIATION LEASE AGREEMENT ("Lease") by and between the City of Sebastian ("Landlord") and FISHE FLYING CORP, INC. dba PILOT'S PARADISE, INC. ("Tenant") dated February 10, 2021 is hereby amended as follows: WITNESSETH: WHEREAS, the Landlord is owner of certain property located at the Sebastian Municipal Airport, Sebastian, FL.; and, WHEREAS, the landlord agreed to lease such property to Tenant; and, WHEREAS, the Tenant wishes to add aircraft apron parking spaces and amend the annual rental increase basis to a constant f3%, the parties agree as follows: SECTION 3 RENT is hereby amended to ADD $261.00 per month to allow the use of a 276' x 58' aircraft parking apron on the east side of Hangar `C'. See description in Schedule 'A' 61=100101k,wa:11►'1iJl=1 ki111 (a) Payment: is hereby changed to read as follows: The Airport is providing a 15,694 SF multipurpose aircraft storage and office facility for the Tenant. Base rent shall be based at the rate of Forty Eight Thousand, Two Hundred Sixty Seven US❑ ($48,267.06) (as of the inception date of the original lease). It is understood that the agreed lease rate is contingent on approval by the City Council and the Florida Department of Transportation (FDOT). On January 1, 2622 the vearly the annual rent will increase 3%. Another such adjustment shall be undertaken for January 1, 2023 and every other year thereafter until the expiration date of the lease, including the option period, if applicable. 51 of 144 First Amendment of Aviation Lease Agreement Fishe Flying Corp. Hangar 'C' IN WITNESS WHEREOF, the parties hereto have set their hands and sea[ this 12th Day of January, 2022: CITY OF SEBASTIAN Paul E. Carlisle City Manager Approved as to form and legality For reliance by the City of Sebastian only: Manny Anon, Jr. Esq City Attorney TENANT Stephen Fischer, President Fishe Flying Corp ATTEST Jeanette Williams, MMC City Clerk (Seal) 53 of 144 mOF HOME OF PEi[CAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date; January 12, 2022 Agenda item Title: Approval of Resolution R-22-04 consenting to the mutual release of all obligations under an airport land lease agreement between Fishe Flying Corp. (Fishe) and the City of Sebastian for certain airport property located at 300 Airport Drive West on the Sebastian Airport; further authorizing the City Manager to execute a letter acknowledging the mutual termination of said lease. Recommendation: Staff recommends City Council approval of Resolution of R-22-04 authorizing the mutual release of all obligations under the airport land lease agreement between Fishe Flying Corp and the City of Sebastian. Backaround: On March 23, 2016 Fishe Flying Corp entered into an airport land lease agreement with the City of Sebastian for the former Sebastian Aero Services property located at 300 Airport Drive West. This followed Fishe Flying Corp's purchase of Sebastian Aero Service buildings (an office and a hangar) that were located on the property. Fishe Flying Corp. recently sold these buildings to Gyrocopter Flight Training Academy and consequently Fishe wishes to be released from all obligations of the land lease agreement with the City so as to allow Gyrocopter to enter into their own land lease agreement for this property. This Agenda Item Reaulres No Expenditure of Funds: Attachments: 1 j Resolution R-22-04 2) Copy of the 2016 Airport Land Lease Assignment to Fishe Flying Corp lit - Administrative Services Departmen •Revi 7 City Attorney Review: Procurement Division Revi , i applicab c� City Manager Authorization Date: 2 54 of 144 RESOLUTION NO. R-22-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONSENTING TO THE MUTUAL RELEASE OF ALL OBLIGATIONS UNDER THE AIRPORT LAND LEASE AGREEMENT BETWEEN FISHE FLYING CORP AND THE CITY OF SEBASTIAN FOR CERTAIN PROPERTY LOCATED AT 300 AIRPORT DRIVE WEST ON THE SEBASTIAN AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City of Sebastian owns certain property at 300 Airport Drive West an Sebastian Municipal Airport; and Whereas, Fishe Flying Corp, having the ownership of buildings and improvements, is a bona fide land leaseholder of said property; and Whereas, Fishe Flying Corp, having now sold its building assets situated on said property to new owner(s) who are about to enter a new land lease agreement with the City of Sebastian, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. CONSENT. The City of Sebastian hereby consents to Fishe Flying Corp being released from all obligations under the Sebastian Airport Land Lease Assignment dated 23 March, 2015 and authorizes the City Manager to execute a letter acknowledging the mutual release of Fishe Flying Corp from the land lease agreement. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: 55 of 144 RESOLUTION R-22-44 Page 2 Mayor Jim Hill Vice Mayor Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Mayor Ed Dodd The Mayor thereupon declared this resolution duly passed and adopted this 12th day of January, 2022. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., ESQ City Attorney 56 of 144 EBAST HOME OF PELICAN ISLAND CONSENT TO ASSIGNMENT OF AIRPORT LEASE BETWEEN CITY AND SEBASTIAN AERO SERVICES DATED 28 APRIL 2000 THE CITY OF SEBASTIAN hereby consents to the assignment of that certain LEASE, made and entered into on ?S April 2000 with "Sebastian Aero Services," to Successor Tenant, Fishe Flying Corp., and hereby releases Cooper Trading Corporation from further obligations under said lease. This consent is contingent upon the successful closing of any Sales Agreement between Cooper Trading Corporation and Fishe Flying Corp. within sixty (60) days of the below indicated date. DONE I is 23rd day of March 2016. ATTEST: Sally A. aio — MMC City erk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney CITY OF SEBASTIAN A Municipal Corporation JoeLrif City Manager 57 of 144 Ova $EBASTIA HOME OF PELIC_AN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: January 12, 2022 Aqenda Item Title: Approve purchase of Airport Security Cameras in the amount of $28,963.00 for installation at Sebastian Municipal Airport. Recommendation: Staff recommends City Council approval to purchase four (4) high definition cameras from ADS Security for installation at Sebastian Municipal Airport Background: On September 22, 2021, the City of Sebastian received, and City Council approved through Resolution R-21-23, a FDOT Public Transportation Grant Agreement providing $19,200 towards the purchase of additional security cameras at Sebastian Municipal Airport. These cameras will provide coverage of locations that are currently without adequate coverage by existing cameras. The local cost share for this purchase includes $4,800 in previously approved Airport funds and $4,963 from an FAA Airport Rescue Grant. This Aqenda item Requires the Followinq Expenditure of Funds: Total Project Cost $28,963.00 FDOT PTGA Grant $19,200.00 FAA Airport Rescue Funds $ 4,963.00 Local Airport Funds $ 4,800.00 Attachments: 1) ADS Security Quote dated 12/3/2021 Administrative Service City Attorney Review: Procurement Division City Manager uthorization: Date: / ! Z v 4 MIA 58 of 144 ASS. City of Sebastian NAME 1225 Main St ADDRESS Sebastian Florida 3296E CITY STATE ZIP ADS Security 4356 Fortune Place Suite A West Melbourne, F , 32904 EF20000960 QUO TA TION Gary Vicars and Barbara Hrcoka-Raose Contact 772.589.5330 TELEPHONE FAX SYSTEM TYPE: Commercial Camera System Equipment To Be Installed E1- Blackjack P-Rack, 20 TB, Win 10 4• Digital Watchdog 814P Pano Camera 175' 4• Camera Licenses 4- Waterproof junction Box 4- Pole Mount Adaptor 4- Wall Mount WlAcceee Hole 1- Wireless 1121' Kit Poe _ - - 1- I3igh Throughput Wireless P2P Kit Poo 3. Outdoor Enclosure, 8-Port Poe Switch and I'S 2- Fiber Gigabit Multimnde SFP 1 4• Custom Configuration for Wireless Units 11- Media Converter l- I Oft Pole with delivery 1. 18001b Mule Tape 1. 40011 OM3 Six Strand I10 Fiber 2- Small Fiber Enclosure•. 2. OM3 LC Duplex Connector Panels 12- OM3 LC Connectors 2- 1 ;Pieter LC to LC OM3 Fiber jam -Pere; `I Total Investmma- Materials and Labor - Maintenance Plan- 12IN21 Date breese>-ci ofsebastlan.org E-Mail Iddrsss $28,963.00 $247 per month Additional camera to the pole i front of the admin buildinp Additional 51,796.00 To Be Provided B� CiI Of Sehastixn Air iort 1. Trench with 2 sets of conduits (Size 2") from Bunker to Pole in front of ADMIN building with sweeping 90's and pull cord. 2. Set pole by open hangers. Pale will be delivered to the Airport. 3. Trench and conduit from Open Hangers to Pole. (Size 2") 4. Provide Power/Electric to all 3 outdoor locations where cameras will be installed. We were unable to see if there may be a need inside the bunker. 5. Work with ADS to set an Installation schedule to ensure that it follows the correct order of work. Sales Consultant- Kathy Clark V 3 Z I-604-69I4 59 of 144 CM of SE��N HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required good/service from one source because of City standardization, warranty or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: January 4, 2022 TO: Don Wixon DEPARTMENT HEAD: Scott Baker, Airport Director DEPARTMENT: TYPE OF PURCHASE: Emergency 0-9ingle Source ❑ Sole Source PROPOSED VENDOR: ADS Security 4356 Fortune Place, Suite 'A', West Melbourne, FL 32904 ITEMS OR SERVICES Purchase and installation of four (4) Security Camera systems conformed to REQUIRED: work with the City ProWatch system .JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: ADS Security is the provider of security cameras for the City of Sebastian, including Sebastian Municipal Airport. ADS Security uses proprietary equipment and software to integrate security cameras with the City's ProWatch and is able to add these cameras to the warranty service agreement that is currently in place with the City. ____________________CERTIFICATION OFAVAILABILITYINECESSI ►Y I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (t) the Department has an urgent needlemergency for the purchase of the goodslservices and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good !service; would not be In the public's best Interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one sources is available or (3) the supplier of the goods/services requested is the sole source supplier. Submitted: � C `'�f Date: 1/04/2022 De Head Signature Approved: Date - Don W ixon, ProcurementlContracts Manager 60 of 144 Approved: pate: Paul E, Carlisle, City Manager 61 of 144 an rr �EBASTL4N HOME of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Agenda Item Title: Authorization to enter into contract with Comcast for connecting and providing internet service to the new Public Works Compound. Recommendation: Staff recommends approval of the contract, at a cost of $71,739.00 over 37 months. Background: City of Sebastian is in the process of building a new Public Works compound which is slated to be completed by mid-2022. The MIS department has been investigating what vendors could provide commercial internet services to the relevant area of the airport. Accordingly, the result of these investigations showed that only Comcast would be able to effectively provide this service to fit the City's needs. Comcast as part of this agreement will be running the needed connections to the complex. Once completed this will provide the other commercial business on that side of the airport the ability to get commercial grade internet that they would not have been able to access previously. There is a one-time fee of $699.00 for the installation followed by the monthly fee for 1 Gb Metro Ethernet Service in the amount of $1,920,00, This contract is being pursued as a sole -source, as Comcast is the exclusive provider of the needed bandwidth that will allow the City to provide internet and other services to this new compound. If Agenda Item Reauires Exoenditure of Funds: Budgeted Amount: $71,739.00 - Included in the Guaranteed Maximum Cost for the Public Works Compound Total Cost: $71,739.00 Funds to Be Utilized for Appropriation: Discretionary Sales Tax Fund Attachments: 1. Comcast Enterprise Services Sales Order Form Administrative Servic City Attorney Review Procurement Divisior City Manager Authorization Date: I t r Z y f 62 of 144 SE PSTu� HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15.000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required good/service from one source because of City standardization, warranty or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the ProcurementlContracts Manager and City Manager. DATE: TO: DEPARTMENT HEAD: DEPARTMENT; II1f9:9e320f:iel.1_M=A PROPOSED VENDOR: ITEMS OR SERVICES REQUIRED: January 7, 2022 Don Wixon Kenneth Kiilgore Administrative Services 11 Emergency Comcast Business 11 Single Source ■ Sole Source Dedicated Ethernet Circuit For the New Public Works Compound JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Comcast is the sole provider for this type of dedicated circuit for the use at the New Public Works Compound as there are no other service Providers in the new buildings area that are willing to service this building. ---•-----------------CERTlFlCATIt7N OF AVAILASILITYINECESSITY t hereby certify that t have thoroughly reviewed the facts and circumstances of this requested purchase and that ltj the Department has an urgent neediemergency for the purchase of the goodslservices and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good Iservice� would not be In the public's best Interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one sourcr. is available or (3) the supplier of the goodslservtces requested Is the sole source supplier. Submitted: -4 14��— Date:Department Head Sign Approved: Date: �r "! 2- Don W ixon, Purchasing Manager Approved: Date: Paul E. Carlisle, City Manager 63 of 144 Lm OF c ✓E_ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: January 12, 2022 Title & Recommendation: Approve "Piggyback" of Polk County Agreement P2019-01 for Police Department Integrated Systems Solution with SOMA Global, with a Ei-year annual fee of $60,775 and 1-time implementation cost of $58,650. Backaround: The Procurement Division, on behalf of the Police Department, recommends Council APPROVE to "Piggyback" of Palk County Agreement P2019-01 for Police Department Integrated Systems Solution using SOMA Global. City staff is recommending that Council approve to enter into a 5-year agreement with SOMA Global with the option to extend for two (2) additional years. "Piggybacking" allows for discounted pricing to be offered without the City having to exhaust resources to issue a formal solicitation. The terms of the Agreement with Polk County is five (5) years, and five (5) optional one (1) year renewals, with an effective date of January 15, 2021. The City's Police Department along with MIS facilitated demos from multiple vendors and found that the recommended vendor meets the needs of the City and offers additional benefits as we plan for the future. The City's vendor that is used for body worn and in -car cameras can swiftly integrate with SOMA Global which was a requirement. In the demos, staff found that SOMA technology was much more advanced than competitors. It is extremely configurable to meet our specific needs and software can update automatically without disruption to use. As the City considers the future use of touchscreen devices and equipment, SOMA Global already has these capabilities. Lastly, SOMA Global will allow for the upgrade of many outdated systems the department is currently using resulting in an increase of staff's productivity and efficiency. If Aaenda Item Reauires Exoenditure of Funds: Total Cost: $362,525 Over 5 Years Budgeted Amount: $382,300 Funds to Be Utilized for Appropriation: Discretionary Sales Tax Attachments: 1. SOMA Global Proposal 2. Polk County Contract Language to Allow "Piggyback" 3. Palk County Final Evaluation Summary of Top -Ranked Vendors Administrative Service City Attorney Review: Procurement Division i City Manager Authorization Date: / /S4 _7_ 69 of 144 SOMA G L 0 B A L 6911 Bryan Dairy Rd.. Suite 210 Largo, FL 33777 www.somagtobaL.com Presented on: 12/17/2021 Proprietary & Confidential Client Information Agency/Company: City of Sebastian Police Department Contact Name: LT. Savvidis Contact Email: csavvidis@cityofsebastian.org Billing Address: 1201 Main St City, State, Zip: Sebastian, FL 32958 Billing Phone: 772 589 5233 Terms and Conditions Term (years): 5 Contract Start Date: 2/1/2022 Contract End Date: 1/31/2027 Billing Frequency: Annually Payment Terms: Net 30 70 of 144 Platform (PSaaST"') Fees PConfid R at per Named User per Year SOMA HUB Included $75 65 $4,875 j SOMA DISPATCH Included 5390 10 $2,900 SOME MOBILE Included $390 35 $13,650 SOMA LAW RMS Included $465 65 $30,225 SOMA FIRE RMS Excluded 50 0 $0 SOMAIMS Excluded $0 0 50 SOMA MODULE BUILDER Included $80 65 $5,200 ease Platform Services5u6-Total: 557,85Q SOMA Hub Interfaces Unit Prke Wts Price per Standard intern Included $3,125 6 $18,750 A1" Hapm"s HORS Oma Export (X4v0 abler& Whkhe query aVa Lk"""'Ar query JnC- Flaeldo Dept ,Flo-f ro—c FntE-Alma E.purr per Non-5tondord laterface Excluded $5.250 $0 .NIA SOMA Data . pe,AW5 Hosted Dombase Excluded $2,500 $0 glr'/A AGENCY /5 perAgency Hosted Dombose Included $0 3 $0 hReth lep-y CAPERS tegocy USA OrM SOMA Modules unit ?,Ice WIS P,i,� per Module Excluded #WA SOMA Forms Unit Price Units P, i�,. Per Farm Excluded $2,500 $0 .WA SOMA Unit Price Units Price Alerts (FIrst 10,000 Messages included Included S400 65,000 $2,200 Additional per 10,000 Messages) •MA DigillalData Unit PdOe UnIt% SOMA Caller Video Streaming (First 150 Hoorn Included lncWu d 5150 n, 333 54,183 SOMA Caller Video Storage ` {FI5(10Hours/mo Included Included 520 351 $702 Additional Ulgitai Data Storage ' (First lO Hours/ma Included Excluded $0 0 Premlum Support fzA hrs/day, 365 daysNrl Induded Additional ServicesSub•Teta): $25,S36 SaaS INTRODUCTORY DISCOUNT.-$22,911 TOTAL Platform (PSaaS7m) $60,775 Menrhly Platform Sa.3 Fee: SS,Q64.55 Monthly Platform SaaS Fee Per Named User: S77.92 r 71 of 144 Implementation Fees prietary & Confidential SOMA Base Platform Unit Price UrliLS Implementation Services, Per Module Included $8,678 5 $43,388 SOMA Hub Integrations Unit Price Units Standard Interface' Included $2,250 5 $13,SO13 Non -Standard Interface Excluded $3,750 $0 Hub Data Feedsl Excluded $1,500 3 $4,500 SOMA Data Cloud Hosting Legacy Databases Excluded $3,750 $0 �OMA Modules&Forms Modules Fxcluded $15,000 $0 Forms Excluded $3,000 $0 TOTAL Implementation SERVICES DISCOUNT:-$2,738 $58,650 72 of 144 Payment Schedule TOTAL Platform (PSaaSTM) Contract Start date 75% $89,568 SoftLaunch 15% $17,914 Go Live 10% $11,942 $119,424 Proprietary & Confidential $17, 913.61 $3,582.72 $2, 38&48 73 of 144 I Total Cost of Owernship Proprietary & Confidential Milestone Start End Fee I Platform Fees Year 1: 2/1/2022 1/31/2023 100% $60,775 Implementation Fees: 100% $58,650 First Year Fees Sub -Total: $119,424 Platform Fees Year2: 2/1/2023 - 1/31/2024 $60,775 Platform Fees Year3: 2/1/2024 1/31/2025 $60,775 Platform Fees Year4: 2/1/2025 1/31/2026 $60,775 Platform Fees Year 5: 2/1/2026 1/31/2027 $60,775 5 Year - Total Cost of Ownership: $362,52 2 Platform Fees Year6: 2/1/2027 1/31/2028 $62,598 Platform Fees Year7: 2/1/2028 1/31/2029 $64,476 Platform Fees Year 8: 2/1/2029 1/31/2030 $66,410 Platform Fees Year 9: 2/1/2030 1/31/2031 $68,402 Platform Fees Year 10: 2/1/2031 1/31/2032 $70,454 10 Year - Total Cost of ownership: $694,362 74 of 144 Confidential Quote Special Terms 1 If this Order Form is executed and/or returned to SOMA by Client after the Order Start Date above, SOMA may adjust the Order Start Date and Order End Date, without increasing the Total Price, based on the date SOMA activates the products and provided that the total term length does not change following activation. Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Client. This is not an invoice. 2 The monthly/Unit Price shown above has been rounded to two decimal places for display purposes. As many as eight decimal places may be present In the actual price. The totals for this order were calculated using the actual price, rather than the Annuaf/Unit Price displayed above, and are the true and binding totals for this order, 3 After the initial year, Service Fees are subject to increase at a rate not to exceed annually: 3.0% 4 SOMA offers Volume Incentives starting at 500 users and Incentives for agencies in a new state, for agencies that purchase direct with a sole -source, emergency purchase, intergovernmental purchase, or equivalent purchase that avoids a costly RFP process. The Incentives are offered for the Initial Term and subject to change thereafter. 5 All "Optional Services' which are metered are evaluated on an annual basis. Any unused cred(ts will be carried into the new year. Any overages will be carried Into the new year as a deficit. Estimated consumption of "Optional Services' can be adjusted on an annual basis to accommodate unused or overuse. 6 AP "Optional Services' which are transactional, fees are collected at the point -of -sale by SOMA. 7 Daily Hourly Rates designate an accepted rate for out -of -scope work requested by the Client. 9 Video Streaming and Storage reates are based on general use and not Intended for body -worn camera, in -car video, or closed-circuit television streaming or storage. Unless otherwise required to disclose by Local, State or Federal law, during the ContractTerm and for two years thereafter, Client shall not disclose the pricing or terms hereunder to any third parry without SOMA'S prior written consent. Client shall safeguard all such information with the same or greater degree of care as it uses to safeguard its own confidential or proprietary information (but no less than reasonable care). Client shall, upon becoming aware of any unauthorized disclosure of such Information, promptly notify SOMA of, and provide reasonable assistance to SOMA In remedying, such disclosure. SOMA shall use reasonable efforts to ensure that the pricing offered in any subsequent Order Form reflects the discounts offered to Client here. However, Client is responsible for confirming the accuracy of such pricing prior to signing any subsequent Order Form. In the event a conflict between the pricing indicated here and that included in any new Order Form, the pricing in the new Order Form shall control as to the subscriptions purchased in that new Order Form Service Special Terms Service Level Agreement The Services will be delivered 24 hours a day, 365 days a year during the term of the Agreement, The Servlces will be considered available to the Client as ofthe Contract Start Date Indicated In the Order Form. The Services have a guaranteed Uptime of 99.95%. Support Services Maintenance and support services provided other than between the hours of 9AM-513M Eastern Standard Time are not covered under this Agreement and, if such services are requested by the Client and made available by SOMA, they will be provided at an additional cost to the Client, in a supplementation Support Agreement. 75 of 144 Confidential Acceptance Upon signature by Client and submission to SOMA, this Order Farm shall become legally binding unless this Order Form is rejected by SOMA for any of the following reasons: (1) the signatory below does not have the authority to bind Client to this Order Form, (2) changes have been made to this Order Form (other than completion of the purchase order information and the signature block), or (3) the requested purchase order information or signature is incomplete or does not match our records or the rest of this Order Form, Subscriptions are non -cancelable before their Order End Date. This Order Form is governed by the terms of the SOMA Master Subscription Agreement, unless: (i) Client has a written master subscription agreement executed by SOMA for such Services as referenced in the Documentation, in which case such written SOMA master subscription agreement will govern or (Ii) otherwise set Forth herein. (ii) otherwise set forth herein. Client SOMA Global Signature: 9, t/�r1 J Name; Pater Quintas Title: CEO Date, 12/17/2021 76 of 144 Proposal #P2019-01 Title: Integrated Systems Solution Polk County Sheriff's Office Due Date: February 28, 2019 23. DELIVERY REQUIREMENTS: All products on the purchase order are expected to be delivered to the designated location(s) in a timely manner, and in the quantities requested on the purchase order, Any exceptions must be agreed upon, in writing between the Polk County Sheriff's Office designee, and the vendor prior to shipping/delivery. 24. VERBAL REPRESENTATIONS: The Polk County Sheriffs Office disclaims any responsibility for verbal representations or information issued or conveyed by any party whomsoever regarding or relating to this Request for Proposal. No interpretation or changes to the meaning of the Request for Proposal will be made to any vendor except by written addendum or amendment. All inquiries will be processed as noted in this document. 25. SECURITY/BACKGROUND INVESTIGATIONS: Access to Polk County Sheriff's Office Facilities by vendors/workers is a privilege, which may be revoked for any adverse background or intelligence checks. The awarded vendor will be required to submit to a FDLE background check and fingerprinting of all employees working on the project, prior to award of the contract. Thereafter, should vendor have any personnel changes or employees added to work on this project, such employees shall be required to undergo the FOLE background check and fingerprinting process as well. Fingerprinting will be conducted by the Polk County Sheriffs Office. Vendor shall not utilize any employees on this project who have been terminated by the Polk County Sheriff's Office or previous employees of the Polk County Sheriff's Office who are ineligible for re -hire by the Polk County Sheriffs Office. 26. PIGGYBACK CLAUSE: At the option of the awarded vendor, the vendor agrees to allow the Palk County Sheriffs Office and other governmental entities of the state of Florida and its agencies, political subdivisions, counties, and cities, to purchase additional items by piggybacking on this Proposal. Each government entity may procure goods and services as described herein with the same terms and conditions, and for the same price. Each governmental entity desiring to accept these Proposals, and make award thereof, shall do so independently of any other government entity. Each government entity shall be responsible for its own purchases and shall be liable for goods and services ordered and received by It, and no government entity assumes any liability by virtue of this Proposal. 27. EXCEPTIONS TO PROPOSAL: All proposal submittals must clearly state with specific detail all deviations to the requirements imposed upon the Proposal by the General Terms and the Specifications. Such deviations should be stated upon the Proposal Response or appended thereto. Proposers are hereby advised that the Polk County Sheriff's Office will only consider proposals that meet the specifications and other requirements imposed upon them by this proposal package. In instances, where an exception is stated upon the Proposal Response, said proposal will be subject to rejection by the Polk County Sheriff's Office in recognition of the fact that said proposal does not meet the exact requirements imposed upon the Proposer by the General Terms and the Specifications. 28. DUE DILIGENCE- due care and diligence have been used in preparing these specifications and related information. However, no warranties are made as to the accuracy and completeness of the required information. It is the responsibility of Proposers to ensure they have all the information they deem necessary to affect their proposal. The Polk County Sheriffs Office will 421Page 77 of 144 P2019-01 INTEGRATED SYSTEMS SOLUTIONS EVALUATION RFP Requirements CATAGORY 1 PCSO Specifications/Requirements 2 Functionality/Ease of Use 3 Integrated Solution 4 Customer Service 5 Project Plan Approach 6 Company Hearth 7 )Test Value Total Pere it Points Awarded (T 1 Total - AbMty to Meet Specifications Points (TPA x Weight Value I Total - Ease of Use Points 2 {TPAx Weight Value ) 3 Total - Integrated Solution Points (TPA x Weight Value I Total - Customer Service Points 4 (TPA x Weight Value } Total- Project Plan Appraa ch Points 5 (TPA x Weight Valve } Total- Company Heafth Points fi (TPA x Weigh[ Value � 7 Best Vatoe Paints {TPA x Weight Valuel Total Points Awarded DIRECTIONS: RATE THE FOLLOWING ITEMS BASED ON THE VENDORS' ABILITY TO MEET THE RFP SPECIFICATIONS S. OUTSTANDING - SIGNIFICANTLY EXCEEDS REQUIREMENTS, 4. EXCELLENT- MEETS OR EXCEEDS SOME REQUIREMENTS, 3. GOOD - GENERALLY rAkEIS KiLkWREMENTa, 1. FAIR -SOME rt^� REQUIREMENT ', NOT ACHIEVED, ? , 1. .... = MOST OR AL `u„RATER REQU! c-WTS NnT-A[IAFVFO Nt J RATER 1 RATER 2 RATER 9 RATER 4 RATER 5 RATER 6 7 RATER 8 RATER 9 RATER 10 RATER 11 RATERI? RATER 13 RATER 14 TOTALS Wght ProPh Soma PrOPh Soma ProPh Soma PmPh Soma ProPh Soma ProPh Soma ProPh Soma ProPh Some ProPh Soma ProPh Soma ProPh Soma ProPh Soma ProPh Soma ProPh Soma ProPh Soma D 15% 3 4 3 4 3.8 4 3 4 2.5 4 2 4.5 3.8 4.7 3.5 4.5 3 4 3 4 3 4 2 3 3 4 3 3.5 41.6 56.2 ` 15% 3 4 3 4 3.5 3.8 2 5 3 3 2 4.5 3 4.5 3 4.5 3 5 2 4 3 4 2 2 3 4 4 3.5 39.5 55.8 15% 3 3 4 5 3 I 3 3 4 3 4 3 4 3.5 4.3 3 4.5 3 4 3 4 4 4 3 3 2 3 3S 3.5 44 53.3 15% 3 4 4 5 3.8 I 4 3 5 2 5 3 4.8 3.5 4.3 3 4 4 5 3 3.5 3 4 3 3 4 4 4 4 46.3 59.6 10% 3 4 3 4 3 3 3 3 3 3 2 4 3.5 4.5 3 3.5 4 4 3 35 3 3 3 3 3 3 3 4 42.5 49.5 10% 4 3 4 3 3.5 3 3 3 I 4 3 3 3.5 3.8 4.2 3 3 4 3 3 4 3 3 3 2 4 3 4 3 49.3 43.7 20% 3 4 3 5 4.2 1 4 3 3 3 3 3 4 4 4.5 3 3 4 4 3 3.5 3 4 3 3 3 4 3 3 45.2 52 - 22 2fi 24 �b iL�.B�: , ._ - i .' i! '� .� �: � r1 - ar t� 25 "ty �� Us .�,,, A !9 - it _ Ad � �i 2=.� 24Al �908.�� 340.1 OA5 0.60 0.45 0.60 0.57 0.60 0.45 0.50 0.38 0.60 0.30 0.68 13.57 0.71 0.53 0.68 0,45 0.60 0.45 0.60 0.45 0.60 GAO 0,45 0,45 0.60 0.45 0.53 6.24 8.43 0.45 0.60 0.45 0.60 051 0.57 0.30 0.75 0.45 0.45 0,30 0." 0.45 0.68 0.45 0.68 0.45 0.75 0.30 0-60 0.45 0.60 0.30 0.30 0.45 0.60 0.60 0.53 5.93 9.37 0.45 D.45 0.60 0.75 0.45 0.45 0.45 0.60 0.45 0.60 0.45 0.60 D.S3 0.65 0.45 0,68 0,45 0.60 0.45 0.60 0.60 0.60 0.45 0.45 0.30 0.45 0.53 0.53 6.60 8.00 11.45 0.60 0.60 0.75 0.57 0.60 0.45 0.75 0.30 0.75 0.45 0.72 0,53 0,65 0,45 0.60 0.60 0.75 DAS 0.53 0.45 0,60 0.45 0.45 0.60 0.60 0.60 0.60 6.95 8.94 0,30 0,40 0.30 0.40 0.30 0.30 0.30 0.30 0.30 0,30 0,20 0.40 0.35 0.45 0.30 0.35 DAO 0.40 0,30 0.35 0.30 0.30 0.30 0.90 0.30 0.90 0.30 0.40 4.25 4,95 0.40_ 0.313 0.40 0.30 OAS 0.30 0.30 0.30 0.40 0.30 0.30 0.35 0.38 0.42 0.30 0.30 0.40 0.30 0.30 0.40 0.30 0,30 0.30 0.20 0.40 0.30 0.40 0.30 4.93 4.37 0.60 0,80 0,60 1.00 0,84 0.90 0.60 0.60 9.60 0.60 0.60 0.80 0,80 0.90 0.60 0.60 0,80 0.80 0.60 0.70 0,60 0.80 0.60 0.60 0.60 0.80 0.60 0.60 9.04 10,40 9.10 3.75 _ 3,4.0. 4.40 3.61.. 13.62 ,, ' 3.90 2.88 3.60 2.60 4.22 3.60, 4A4 ,.3,AL , 1 3.89 1335 1 4.20 I Sa511 3.78 3.15 13.80 2.70 2.75 1 3.10 1 9.65 3A8 3.48 43.93 53.46 RATER NUMBER 1 � PCSO Specifications/Requirements 2 functionality/Ease of Use 3 Integrated Solution q Customer Service RATER 1 5 Project Plan Approach 5 Company Health 7 Best Value PCSO 1 S p e c if i catia n s/ R e q u I re m e n is 2 Functionality/Ease of Use 3 Integrated Solution RATER 2 4 Customer Service 5 Project Plan Approach Prophoenix Prophoenix advises of system downtime annually or more for upgrades and maint. Prophoenix has a broader customer base. ProPhoenix Some Soma meets or exceeds the majority of the RFP requirements Soma's user interface is far superior Soma's team of people have a confident understanding of their install + migration process along with very knowledgeable engineers. Soma fits all areas of the RFP from what I have seen. I Some I continue to be impressed with the ability of Soma to meet the specifications and requirement of the RFP. I believe both of the companies could provide a system to that would work for us. However, I believe Soma has product that is using technology that is more cutting edge and will continue to serve us for many years to come. Soma continues to excel in the ease of use. Soma's search function and the way it searches across the entire platform will make the job of the end users much easier. The ability for Soma to be able to connect to other databases and also return those results from one query Is a huge time saver. Both of Soma and ProPhoenix are close in this category. They both seem to be integrated within the platform. I feel Soma has a slight advantage because of the underling programming platform. ProPhoenix and Soma are close In this category. Soma provides a user interface through Discord to communicate with staff. Soma also appears to focused on providing the best customer service that in turn will help them have a better more robust product. Both companies have an ambitious timeline for implementation. 5 Company Health I rate ProPhoenix higher in this category. Although both appear to be stable ProPhoenix has been around for many years. Soma is a young company as comparted to ProPhoenix. Soma appears lobe a vendor that wants to develop Its product around the Palk agencies. ProPhoenix also seems to be very willing to develop its product around the 7 Best Value needs of our agencies. However, I believe that Soma will better fit the Polk agencies and a more robust platform built upon current technology. Although a good product ProPhoenix has the bok of what we are currently using. RATER 3 ' ProPhoenlx Soma _ The system appears to be configurable to the customer needs. During the site visits, The system appears to be highly configurable to the customer needs. All of agency members were pleased with how the system accommodated their particular the site visits that I attended spoke very highly about the unlimited potential PCso needs. They all commented on the option to utilize the Cloud or "Prim." Support was of the software being flexible to individual needs. There were no serious 1 Specifications/Requirements very responsive. support issues mentioned other than it is prioritized. The system appears to be user friendly, and based on the demos, most of the data will The system appears to be user friendly, and based on the demos, most of transfer over into the software. The system's appearance is very similar to our current the data will transfer over into the software. Users do not have to navigate z Functionality/Ease of Use system. Users do have to navigate through multiple tabs to retrieve information. through multiple tabs to retrieve information. Facilities did report there were some learning curves with mature agency members. The majority of the agencies we visited did not utilize the software to Its full potential, The majority of the agencies we visited did not utilize the software to its full but the limited systems that were integrated didn't appear to have any issues with potential, but the limited systems that were integrated didn't appear to have 3 Integrated Solution transferring data that were useful for the indfvidual agencies. any issues with transferring data that were useful for the'ind'nrldual agencies. All of the agencies that I attended were pleased with the customer support. They All of the agencies that I attended had nothing but good things to say about mentioned that there is always someone available to assist them with software issues, the customer support. They mentioned that there Is always someone and that they have not encountered extensive downtime. Some did report connectivity available when there are issues with the software. I don't recall any of them 4 Customer Service Issues in the beginning, complaining about responses or extensive downtime. A couple of agencies reported longer "go live" dates than expected. I recall these Issues There were a couple of agencies that mentioned that they didn't meet a were generated by the agency because they wanted it done right before Impkementlng projected "go live" date. Some of those Issues were agency related, or the 5 Project Plan Approach the software to the entire agency. Overall, customers were pleased with their expectations were exaggerated by the company, which extended the "go implementation, live" date a few months. The company has been around for more than fifteen years, so it appears to be stable The company has been around for less than five years, so there were limited and has a positive rapport with its customers. amount of agencies that had an extensive partnership with the company. 6 Company Health The company meets most of the specifications and functions that are required. The The company meets most of the specifications and functions that are price is comparable to our financial needs. required. The price is comparable or competitively close to our financial 7 9est Value needs. O O 00 ProPhoenix Some Soma-Global's platform appears to meet the needs of our agency as outlined in the RFP. Their current technology appears to be state-of-the-art. A review of their technology both during their Demo, as well as In the field, PC50 2 .,. re mhnf it ie hinhly — ini iraMR• and n vRry flexible gygtem. Bmged on e5 ��gg•.. •••-•• •• •� •••"•••' --'---- - SpecifEcations/Requirements testimonials from in -field end users, as well as the model described during their demo, they appear to have a highly responsive customer service and support matrix in place. Soma -Global appears to meet the specifications for a cloud based/subscription solution. Pro -Phoenix's Platform in my opinion is not the most user friendly for several levels of Soma-Global's platform appears to be easily configurable, and easy to 2 Functionality/Ease of Use end -user. The requirement to have to navigate through multiple tabs can become very navigate for many levels and types of end user. Soma -Global appears to frustrating if you lose track of where you started. It is very easy to find yourself In a many several different streams of information to a very understandable and virtual rabbit -hole in some cases. navigatebale format for the user. Soma-Global's configuration appears to easily move data from one module to the next, making it easy to access and use. The ability and ease in which RATER 4 3 Integrated Solution to configure each module to capture specified data and then apply it across several others, thereby eliminating redundant entries or collection points is worth taking note of. Based on testimonials from in -field end users, as wall as the model 4 Customer Service described during their demo, they appear to have a highly responsive customer service and support matrix in place. Both Pro -Phoenix and Soma -Global Meet R -P Specifications in this category. 5 Project Plan Approach 6 Company Health 7 Best Value 1 PCSQ Specifications/Requirements 2 Functionality/Ease of Use 13 Integrated Solution RATER S y 1 4 Customer Service 5 Project Plan Approach 6 Company Health 7 Best Value Both Pro -Phoenix and Soma -Global Meet RFP Specifications in this category. Both Pro -Phoenix and Soma -Global Meet RFP Specifications in this category. ProPhoenix ProPhoenix - Limited configurability; built on platform similar to current system. ProPhoenix - Downtime (20 min avg for one customer(; customer support out of country (customer reported language barrier. ProPhoenix- Established in 2003; no mergers or buyouts. Soma Soma - Highly configurable; ability to create own modules; state-of-the-art platform. Soma - Extensive master search capabilities; ability to interface with other systems (as needed for future projects within the criminal Justice system). Some - Excellent customer service (response within 30 seconds); no downtime or need to manually refresh to update screens. O 00 RATER 6 RATER 7 ProPhoenix Soma PCSO ProPhoenix: Seems to be lacking as a highly configurable system and average in the area Soma: Highly favorable in regards to providing state of the art technology, very 1 Specifications/Requirements flexible system, customizable, total cloud base. providing current state of the art technology. - 2 Functionality/Ease of Use ProPhoenix: Not as user friendly, more steps needed to get to end results. Concerns about Soma: Highly favorable with east of use. Quicks access and ease of searches. units having to manually refresh their screens to get updates. 3 Integrated Solution Soma: ExC llent III area of providing a fully integrated solution. Scmia HUB 1-1 a plus. Soma: Highly favorable In regards to customer service. Quick turn around, good 4 Customer Service ProPhoenix: Concerns about support coming from outside the US. communication and "Slack" seems very helpful. 5 Project Plan Approach ProPhoenix: Data conversion appeared more complex and time consuming. Soma: Reasonable timeline. Provides ability for us to do our own date conversion. 6 Company Health Soma: Continuously adding employees due to growth. 7 Best Value Soma: Great value, no nickel and diming for most additions, updates and changes. ProPhoenix Soma Soma is more flexible and has more configurability options, such as creating our own 1 modules on the fly without always involving the vendor. Soma is built on newer platform PCSO ProPhoenix does have some capabi€hies like field name changes and User Der ned Fields (UDF) but would running totally on an internet provider, which would not require any software installation; Specifications/Requirements not allow IT to create our awn modules on the fly. whereas ProPhoenix requires software Installation for Mobile and CAD. They both have the ability to run through a subscription based solution vla cloud, on-Prem, or hybrid. They both have the ability to run on various 05 platforms or devices {Windows, IOS-Mac, IPad, tablets, phones, etc.k . ProPhoenix requires a lot of end -user clicking which opened a lot of extra windows, which seems to confuse the end -user more and clutter the screens. The behind the scenes file maintenance 2 Functionality/Ease of Use work seems to be more cumbersome through ProPhoenix than Soma, especially when building Considering Soma runs entirely on internet browsers it makes it seem to be easier to response plans. use. 3 ProPhoenix will require the implementation of interfaces or data conversion for querying any Soma has a data mining tool for the end users that they can connect to various data Integrated Solution disparate systems where Soma web environment will not require as much. sources as well as providing PCSO IT to build the connections on our own. Both systems offer a more integrated system than we have today. Both systems allow for more data sharing between CAD and RMS far functionality like notifications. One ProPhoenix customer had concerns about communications with their customer service though. There is a concern that some of ProPhoenix's Dev and Support teams would coma from Soma customers repeatedly stated that they were able to get in touch with their 4 Customer Service other countries, which is forbidden through FDLEICJIS policy. ProPhoenix customers reported support immediately, even after hours, using technology tools like SLACK. Soma downtime with any significant upgrades; customers reported no downtime even for those that were running fully in the cloud. 5 Some of the ProPhoenix customers reported having issues with their data conversion. Project Plan Approach The customer references for both vendors had reported some issues with implementations mainly due to the current pandemic; however, both vendors found ways to work through virtual meetings to keep the project moving forward. Soma is a relatively newer company but as they are growing they appear to be hiring 6 enough staff to support their newer customers. They have consistently boon adding Company Health new customers through the last year, even with the current pandemic. Neither company has been involved in any acquisitions at this time and have not lost any customers. They have both focused their customer base solely on public safety and the needs of those types of organizations. The base costs for both systems were similar, Soma is a better value due to their ability to provide more of our RFP specifications, increased customer service, and increased 7 Best Value configurabitity. 4- 0 N 00 RATER e RATER 9 ProPhoenix Soma Soma has cloud solution and complete integration. Highly configurable to 1 PCSO meet the needs in Polk. Technology is new and not a browser look on top of Specifications/Requirements older technology. Real-time notifications, auto -refresh and full support of mobile_ application. Supports use on all devices and OS platforms. Soma is intuitive and user friendly. Information IS contained in one screen with less clutter. Has options for the agency and end user to set Z Functionality/Ease of Use preferencestscreen layout that work best for the specific unit. Administrative support tables appear simple to manage, granular for detail, and accurately updates processes. Soma provides API solution to build connections to send and receive data. 3 Integrated Solution PCSO IT has the ability to create the connections without the vendor. Doesn't appear to have limitations or costs to improve data sharing and workflows between agencies such as Clerk, SAO, Court, etc. j Highly responsive support. No downtown with upgrades with one agency j 4 Customer Service reportingg no downtime since 2018. 5 Project Plan Approach Generally meets requirements 6 company Health Generally meets requirements 7 Best value Generally meets requirements ProPhoenix Soma 1 Soma has a legitimate cloud solution, true integration between CAD, PCSO ProPhoenix did not have a full cloud based solution, Records, Bait and all their other modules, including legacy data. — Specifications/Requirements Overall both had areas they would have to d ;sign solutions to meet our needs ProPhoenix also had integrated technology such as using a phone to scan a DL. The Soma demonstrated an ability to implement customer needs by adapting look and feel of ProPhoenix was much closer to what we currently have and Soma's their current product and/or quickly designing a solution to meet the x Functionality/Ease of use user interface was much more modern and Intuitive. Some of the configurability customer needs. Their mobile app was far advanced over ProPhoenix. differences were stark between the two such as ProPhoenix not having a built-in form Soma allows for almost endless and user configuration. The demonstrations builder that Soma does. One site said ProPhoenix could not be used off line. Two we attended also showed if down time does occur, Soma was more usable. Sites said if CAD is off line, they have to use pen and paper Soma had the capability of running CAD from a mobile device remotely. } 3 Integrated Solution ProPhoenix is In the process of updating their line of products but jail and legacy information was not integrated seamlessly as it appeared to be in Soma. ProPhoenix and Soma both got overall good customer satisfaction with the exception of one site that we visited for ProPhoenix. The effusive comments by every 4 Customer Service Soma customer was definitely a step above. M of the site visit customers said Soma only takes hours in most cases, and within a week for all, to Implement critical requests. 5 Project Plan Approach Both were similar ProPhoenix has a proven track record and is owned by the founder who continues to Soma has not existed as €ong but they are making significant investment into 6 Company Health make significant investments into the future of the company. the growth and future of the company. Soma, on the other hand, is willing to provide the software at no cost if we provide referral services to them (with obvious conditions). In addition, 7 Best Value ProPhoenix up -front cost is less than Soma. ProPhoenix demonstrated their Soma demonstrated a level of programing versatility and flexibility that commitment to innovation by committing to features we requested and by showing past surpassed ProPhoenix. Soma gives unequaled access to configuration changes they made based on customer requests. control by the end user that provides a notable value over time. Prophoenix 1 PC50 Specifications/Requirements 2 Functionality/Ease of Use oreohOB ^Ix'-- offering s__,, ,e to lark In functionality 3 Integrated Solution RATER 30 4 Customer Service 5 Project Plan Approach 6 Company Health 7 Best Value PC50 1 Specifications/Requ Ire m ents RATER 11 ProPhoenix Soma ' Specification seem to exceed some requirement and the technology seem to make a better fit to our agency Soma's offering seems to be better suited and easier to use. Soma system will aid the transition in a much more reliable way One of the more Important standards and both seem fairly good. The plan approach seems to better suited for our agency. Soma presents themselves to be a higher quality and more healthy company. Financially Soma is the better choice as far as time it will be relevant to our agency. Soma Soma Global demonstrated a higher level of technology and confgurability. The product was also more configurable by the end users. Because of the level of configurability of Soma Global, the screens can be customized into the agency specific workflow. As locai practices were 2 Functionality/Ease of Use improved, users demonstrated the ease of reconfiguration of the product to meet the newer needs. Both solutions easily shared data between modules and demonstrated seamless Interfaces with external systems, 3 Integrated Solution While both solutions garnered praise regarding customer service response to� issues, the Some Global customers reported less downVme and seemingly 4 Customer Service faster overall resolution to issues. This was an area that was evaluated by the IT members of the team. I rated each solution a 3 as I was required to enter a number in the rating area. 5 Project Plan Approach l have no knowledge of this area for either of the companies. I rated each solution a 3 as I was required to enter a number in the rating area. 6 Company Heakh As I have no knowledge of the cost of implementation and use of either solution, I have no basis to rate that area. Functionally, the Soma Global solution appeared 7 Best Value better able to meet the needs of Fire Rescue. ProPhoenix soma Soma cloud platform is cutting edge along with the Public Safety as a PC50 Service (PSaaS) concept. Soma has a modem look and fool, cosmetically 1 the design looks good. Soma appears to be capable of easy interface Specifications/Requirements-onfiguiation and flexibility, however their score could have potentially �„ e,.,a�,..,, u<, „ ....., been Nt ProPhoenix primarily utilizes an on premise technology architecture that requires a higher in this section, if they were able to demonstrate proficiency In a live client based Installation. ProPhoenix hybrid or cloud platform options are limited. setting with an agency of our similar size and/or needs. 4- 0 to 00 z functionality/Ease of Use Soma has potential in improving ease of use, due to the flexibility and configuration capabilities proposed. Soma's score could have potentially ProPhoenix has limited flexibility and configuration, and potentially is taking a step back (been higher in this section, if they were able to demonstrate proficiency in a from the current system flexibility and capabilities. live setting with an agency of our similar size and/or needs. ProPhoenix and Soma have an integrated solution with corresponding modules within their respective solutions. ProPhoenix was able to demonstrate modules In a production environment, while Soma demonstrations were not all in productlon, to include fire modules. Both vendors experienced integrationlinterface challenges, RATER 1Z 3 Integrated solution however a concern of ProPhoenix is the location and access of technical support staff as it relates to CJIS compliance. Rue to Soma's overall concept and technology their score could have potentially been higher in this section, if they were able to demonstrate proficiency in a live setting with an agency of our similar size and/or needs. R CuStomer5ervice The ProPhoenix and Soma customers visited were generally satisfied with the level of service and support the vendors provided. 5 Project Plan Approach ProPhoenix and Soma have similar implementation timelines. 6 Company Health ProPhoenix Is a well -established stable company with a large customer base with (Soma is a smaller company, with a smaller customer base and currently agencies using their software in Florida. doesn't have a production presence in Florida. 7 Best Value ProPhoenix and Soma have met the RFP cost guidelines and requirements to be considered up to this point in the process. ProPhoenix Soma SOMA technology was more advanced. The configufablilty and flexibility PCSO 1 Specifications/Requirements demonstrated was very attractive since customizationlcanfiguration could be done by us. We would regain some of the advantages (speed, cost, satisfaction) we lost when we left our "in-house" software. Configurable, intuitive, easy to use, eliminates redundancy, drop & drag feature for document management . From observing the questions asked by 2 Functionality/Ease of Use users and their responses to answers, I got the impression that this system was the closest to meeting the expectations they had for Improving existing functionality, not just meeting It. Neither vendor met our desirable level of integration with their non -core modules, but I believe there is more opportunity for in-house development of non -core RATER 13 3 Integrated Solution modules using SOMA. Both vendors could provide interfaces between the non -care systems currently in use. ProPhoenix core system lacks some auto -refresh screen capability, making it less convenient. 4 CustamerService Customers of both vendors were satisfied with the responsive service they were receiOng. 5 Project Plar Approach 6 Company Health ProPhoenix is an established company with a history of stability and controlled growth with 500+ customers. Provided CPA reviewed statements (but not audited) whereas SOMA is an infant company 7 Best Value More state of the art technology at affordable pricing for meeting futuristic needs with in-house capability to design modules ProPhoenix Soma Neither vendor has a customer that Is using their product In the manner we require the software to function. This required us to rely heavily on the software 1 PCSO demonstrations to determine if their product can meet the needs outlined In the RFP. Both vendors demonstrate the capability to provide what we need but Soma Specifications/Requirements does offer more flexibility as it relates to configurability. Both softwares will improve the ease of use for our daily functions. However, ProPhoenlx's software layout Is more similar to the software we are currently using 2 FunctionaEity/Ease of Use which would allow our members to transition to it easier. Both systems share data throughout all of the modules and could possibly replace our current civil module along with some others. Soma does not currently have a 3 Integrated Solution client in Florida and our visits to other users revealed they were having Issues getting permissions to Interface with that stale's system that is equivalent to our FCIClNCIC connection. RATER 14 Every customer we contacted for both vendors are extremely satisfied with the customer service they receive from their vendor. However, our volume of users and 4 Customer service the manner in which we intend to use the software will exceed anything both vendors currently support. Both vendors seem to have very similar ability as it relates to a project plan for data migration, data conversion, and implementation. Soma offers the ability to search 5 Project Plan Approach our historic databases from their platform and PiroPhoenix's platform does not afford that option. ProPhoenix is a well -established organization that has been in this industry for over 15 years. Soma is an extremely new organization with a very limited number of 6 Company Health staff members. Functlonaby both vendors are similar In their proposed abilities and their cost are also close to the same. When basing value on possibility to accomplish a task the 7 Best Value sum of the whole needs to be evaluated. In doing that they are both equal in value. O f0 00 rnr� SEV ■ HOME OF PELICAN 1"ND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Agenda Item Title: Purchase of Replacement Vehicle for Police Department Recommendation: Approve the Purchase of One (1 ) 2021 Ford Explorer Interceptor Hybrid for the Police Department from Bartow Ford under the Charlotte County Contract #2021000541 Backuround: PD Unit #82, a marked 2015 Chevrolet Caprice, has experienced catastrophic engine failure requiring a new engine. The vehicle is out of warranty and the costs will exceed $10,500.00 for a replacement engine. This is a common problem with the Caprices in our fleet. We've had one engine replacement under warranty and two cam shaft/lifter replacements. Attached to this document is an assessment of PD Unit #82 to justify the replacement of this vehicle. This particular vehicle has been problematic since day one. The Hybrid Interceptor quoted is currently in stock and can be delivered within 10 to 12 weeks. That is the time needed to order equipment and up -fit the vehicle as opposed to one year through normal ordering procedures. The City of Sebastian is still receiving all the savings by "PIGGYBACKING" the Charlotte County contract. The replacement of this vehicle is necessary to insure a spare is available to the Police Department. The use of "Piggyback" contracts guarantees that pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's ordinance Section 2-10(c)[2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other co-operatives and local vendors. The recommended vendor is the most advantageous to meet the needs of the City. If Agenda Item Requires Expenditure of Funds: Total Cost: $60,337.97 Funds to Be Utilized for Appropriation: General Fund Renewal and Replacement Reserve Attachments: 1. Bartow Ford Quote 2. Vehicle Assessment 3. Charlotte County Contract Administrative Service City Attorney Review: Procurement Division s Departm n , evie -emu Revi , if a plicable: City Manager Authorization: Date: 87 of 144 November 18, 2021 MOWFORV IVITA 11RII1•IItI-SI.110NFN-I1 City of Sebastian sing.1, PUN T. Alan Clarke K8A 2021 Ford Interceptor Utility 1 99W 3.3L V6 Direct -Injection Hybrid System Engine 44B 10 Speed Automatic Transmission Front Headlamp Prep 86T Rear Taillight Prep Package 43 D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 1 51T Factory Pillar Mounted LED Spotlight Voice Activated Bluetooth 55F Keyless Entry Fob 1 76R Reverse Sensing 52T Class III Trailer Tow Lighting Package 76P Pre -Collision Assist w/Pedestrian Detection Factory Rear View Camera I Factory Invoice $42,232.00 Government Price Concession Discount $2,650.00 4.06% Contract Discount $1,607.03 Whelen 55" Legacy DUO Lightbar Red/Blue with Full LED Take Down Lights, LED Alley Lights & Rear Amber Traffic Advisor, (2) Rear Brake Pods, Whelen Carbide 21 Button Touch Pad Siren Controller, ❑SD II CANPORT Plug, Whelen 100 Watt Speaker with Bracket, (2) Whelen Vertex Split Red/Blue Mounted in Headlights & Taillights, (2) Whelen ION DUO (1) Red/White (1) Blue/White Mounted Forward in Push Bumper, (1) Whelen Thin ION DUO Red/White Mounted Left Side of Push Bumper, (1) Whelen Thin ION DUO Blue/White Mounted Right Side of Push Bumper, Whelen TCRHS5 Tracer 5 Lamp Housing Mounted in Running Board Area, Whelen RP50 Outer Edge Rear Pillar Exterior Mount R/R/R LEFT B/B/B RIGHT, (2) Whelen ION's Split Red/Blue Mounted in Rear 1/4 Glass, Havis C-VS-1012-INLT Utility Console (Includes All Faceplates), CUP2-1001 Self -Adjusting Double Cup Holder, C-USB-2 Dual USB Charge Module, Havis C-ARM-101 Side Mount Arm Rest, Havis C-MD-112 11" Slide Out Locking Swing Arm with Motion Adapter, Havis UT-1001 Laptop Tray, (2) Magnet Mic Clips (SHIPPED LOOSE), Havis C-MAP-T-LED Gooseneck Map Light, Maglite RL7019 LED Flashlight with Charging Base, Go Rhino 5344T-2L61 Light Ready Push Bumper with 5344WHDT HD Wraps, Go Rhino 5700WA Partition with Recessed Lower Extension Panel, Go Rhino 571713 Rear Window Bars, Go Rhino 5UF1911 Molded Rear Prisoner Seat with Outboard Buckles, $22,228.00 Mesh Rear Partition, Santa Cruz SC-920-5-5-XL #H Dual Weapons Mount, Raised Rear Weapons Vault with 4" Basket, ICOP Pro HDs with Wireless Moxa Wil'i Kit & Body Camera, Powerheart G5 Fully Auto Dual Language Quick Response Pkg. (1) G5 Fully Auto dual language English/LatAm Spanish AED, (1) G5 IntelliSense Battery; (2) sets G5 Intellisense adult defibrillation pads; (1) Premium Carry Case; (1) Universal Ready Kit; (1) AED Manager, (1) USB Cable, (1 set) printed G5 User Guide, Steps To Rescue, Getting Started (ENG), (1 set) printed G5 User Guide, Steps To Rescue, Getting Started (ESP) and multi-lingual Electrode Instructions For Use per Quote # 00014010, Stinger Spike System with 15.5' W/40' Rope & Handle Storage Case, Eagle Series Radar Directional Golden Eagle CRS 826 Directional Golden Eagle II, Dual Antenna, Ka band, Includes stopwatch mode, fastest vehicle, same direction, same lane, all mounts and cables, Sebastian POLICE Full Color Graphics, Bartow Ford Custom Installation, 100 AMP Breaker, Fuse Block, All Shop Supplies & Shipping, Harris 800Hmz Radio per C1 Quote #QO0008438 Deep Window Tint $135.00 $0.00 Pricing in accordance with the Charlotte County contract # 2021000541 2800 US Hwy North 88 of 144 Bartow, Florida 33830 If you have any questions or need any additionai ' 'vn please feel free contact me anytime. 1pir Sincerely Yours, iN i v(;itin'•i it s [ •lioNrsn' Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North 89 of 144 Bartow, Florida 33830 Vehicle Assessment of Unit PD 82; Current Odometer Reading: Current Driving Hours: Current Idling Hours: In -House Total Man -Hours Performing Repairs and Maintenance Replacement Parts For In -House Repairs Outside Vendor Parts/Labor 77,451 Miles 2448.4 Hours @ 31.5 MPH Average 4988.2 Hours, Totaling 7436.6 Hours Equivalent to 235,000 miles 186 Hours $3,029.00 $3,866.00 The vehicle currently has an engine not worth repairing. It is cheaper to replace engine at the expense of $10,500.00. It has been discovered that these Caprices have a common failure of insuffient oil to top end of engine causing cam and lifter failure. The vehicle has been a border line lemon car with multiple and expensive failures. Some of the expensive failures occurred while vehicle was still under warranty. The following list is a summary of the issues. Multiple battery and battery relay replacements Engine fans and module replacement Harmonic balancer replacement Electrical issues and Electronic module replacement Cat converter replacement Fuel injector replacements Multiple alignment issues Motor mounts replaced A/C compressor and dryer replaced Radio and display monitor replaced Rack and pinion replaced Airbag (programming issue) 90 of 144 PURCHASING DIVISION Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Telephone (941 ) 743-1378 Facsimile (941) 743-1384 July 28, 2021 TO; PROSPECTIVE BIDDERS RE: BID 2021090541, VEHICLES — ANNUAL CONTRACT BID DUE DATE: AUGUST 11, 2021 ADDENDUM NO. 1 Bidders are hereby notified that this addendum shall be made a part of the above -named proposal and contract documents The following is issued to modify, and/or clarity the proposal and contract documents. These items shall have the same force and effect as the original bid and contract documents, and bids to be submitted on the specified date shall conform with the additions, deletions and revisions as listed herein. Item 1: QUESTIONSIANSWERS Q1. You're looking for a flat discount percentage for all vehicle types? Al. Yes. Q2. The delivery time frames as stated on page 16. It states that you expect vehicles to be delivered within 90 days for vehicles of normal production and 120 days for vehicles with dealer installed options. With the current production delays we are seeing on various vehicles, what happens if that time Frame is not met? A2. We understand that delays on the Ford production lines are beyond any dealership's control, and the dealer would not be penalized for that. However, we do expect vehicles to be ordered when a purchase order is issued, and that any aftermarket equipment and/or services necessary are scheduled to arrivelbe serviced at the lime of the vehicles arrival to the dealership. Previous contract prices can be obtained by accessing the Charlotte County Purchasing Division's website at https-lluurchasinobids.charlotte coLint vfl aov under "Purchasing Bids online-, Historical Catalog. The previous Contract number for this project is 18-509 and is entitled 'Vehicles — Annual Contract'. This addendum is binding and is to be considered as if contained within the original bid documents of Bid No. 2021000008. Bidders are required to acknowledge receipt of this addendum on their bid forms. Kimberly AlCorbett, C.P.M., CPPB Senior Division Manager - Purchasing KACIat: Clerk's Office, Minutes Division File Bid No. 2021000541 91 of 144 9/20/2021 Richard Weissinger, Commerical Fleet Sales BARTCW FORD 2800 US Hwy 98 North Bartow, FL 33830 RE: NOTICE OF ACCEPTANCE Dear Mr. Weissinger: This fetter shall serve as notification of official acceptance by the Board of County Commissioners of your Bid No. 2021000541, Vehicles — Annual Contract, with your firm. The acceptance of your bid, properly executed by an authorized representative of the company, constitutes a binding contract. Your signature below represents your concurrence with and acceptance of the terms set forth in this letter and bid submitted by your company on August 11. 2021. Please sign and return to this office by email @alisu.l L: ,�, t , IC:I IU[ti L Ju:114Ii.:1C Purchase Orders will be issued on an "as required" basis, and payment shall be made in accordance with the local Government Prompt Payment Act of the Florida State Statutes. The contract shall become effective immediately and shall remain in full force and effect through and including September 30, 2022, with option to renew for two additional one-year terms, by mutual consent. If you have any questions or concerns, please do not hesitate to contact Alisa L. True, CPPB, Senior Contract Specialist, at 941-743-1549. Yours truly, A,EQ. Kimberly orbett, C.P.M., CPPB Senior Division Manager - Purchasing KACIat cc: File ACCEPTED: Richard Weissinger, Commerical Fleet Sales Date. 09/21 /2021 PURCHAS.. 18500 Murdock Circle, Suite 344 I Port Charlotte, FL 33948 Phone: 941.743.1374 1 Fax: 941.743.1384 92 of 144 Charlotte County Purchasing Division 18500 Murdoch Circle, Suite 344 Port Charlotte, Florida 33948--1094 Phone 941.743.1378 Fax 941.743.1384 NOTICE OF AVAILABILITY OF BID SPECIFICATIONS REQUEST FOR BIDS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed bids at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for; BID NO. 2021000541 VEHICLES —ANNUAL CONTRACT It is the intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. It is the specific purpose of this bid to establish a conditional contract for the required materials and to secure the cost and availability of the requirements for procurement from a source of supply that will give prompt and convenient service. There will not be a Pre -Bid Conference for this project. Please send all questions to my small address below. BID OPENING: 2:00 p.m., AUGUST 11, 2021 PURCHASING DIVISION CONFERENCE ROOM Bid Documents may be obtained by accessing the Charlotte County Purchasing Division's website at httos:Jluurchasinabids.charlottecountvfl.Uov under "Purchasing Bids Online", document number 215412. Any questions can be answered by contacting Alisa L. True, CPPB, Senior Contract Specialist at 941.743.1549 or email: Alisa.True(dCharlotteCouiltvFl,ctov Notice of Availability Posted: July 23, 2021 Bld No. 2021000541 93 of 144 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 STATEMENT OF NO BID If you do not intend to bid on this corn mod itylservice, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Char€otte County Vendors' list for this commoditylservice. We the undersigned, have declined to hid on requested commoditylservice Bid #i`•2021000541, VEHICLES — ANNUAL. CONTRACT, for the following reason(s): Specifications too "tight i.e. geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bondlinsurance requirements. Unable to meet specifications. Specifications are unclear (explain below). Remove us from your vendors' list for this commodity/service. Other (specify below). Remarks: Company Name: Contact Person (typed or printed): Contact Person Signature: Phone: E-Mail Address: Fax: Note: Statement of No Bid may be emailed to Alisa.Trr3e rx CliarlotteCountvFl.gov or faxed in to the Purchasing Division at 941.743.1384 2 Bid No. 2021000541 94 of 144 TABLE OF CONTENTS VEHICLES - ANNUAL CONTRACT BID NO. 2021000541 Notice of Availability "No Bid" Response Page Table of Contents INSTRUCTIONS TO BIDDERS 1 2 3 4-8 TECHNICAL SPECIFICATIONS & CONDITIONS 9-11 INSURANCE REQUIREMENTS 1 2-13 SAFETY AND HEALTH REQUIREMENTS 14-15 LI-31ea - ■ 16-18 3 Bid No. 2021000541 95 of 144 INSTRUCTIONS TO BIDDERS VEHICLES - ANNUAL CONTRACT BID NO, 2021000541 IB-01 QUALIFICATIONS OF BIDDERS: It is the intent of the County to award this contract to the lowest responsible bidder, qualified by experience and solvency, with proven reliability and the ability to supply all items within a reasonable time frame acceptable to Charlotte County. Bidder may be required to supply information in writing at the request and discretion of the County prior to award of bids, in order to verify above requirements. IB-02 GENDER DESIGNATION: The County and the Contractor are treated throughout these Documents as if each were of the singular number and masculine gender. IB-03 EXAMINATION OF DOCUMENTS: A. Prior to the submission of a bid form, bidders shall carefully examine the bid package including the Request for Bids, lnstructtons to Bidders, Technical Specifications & Conditions, Insurance Requirements, and all other related bid documents, including afl modifications thereof, incorporated in the bid package. B. Discrepancies, omissions, or questions about the intent of the documents should be submitted to the Purchasing Division in written form as a request for interpretation no later than five (5) calendar days prior to bid opening (or shall be verbally addressed at the pre -bid conference, if appllcable). C. Interpretations of any of the bid documents made will be in the form of a written addendum to the documents, which will be posted on the purchasing website. Receipt of any addenda by each bidder must be acknowledged on the bid form, indicating the addendum number and date of issue, therein becoming a part of the contract. No oral explanations shall be binding. The County will attempt to notify all prospective bidders of addenda issued to the bidding documents; however, it shall be the responsibility of the bidder, prior to submitting their bid, to determine if addenda were issued, acknowledging and incorporating it into their bid. I8-04 PREPARATION AND SUBMISSION OF BID FORM REQUIREMENTS: A. Bids shall be submitted on the bid form supplied by the County, or duplication thereof and attached thereto, or as otherwise specified. Bidders small indicate the number of calendar days required for delivery and acknowledge receipt of any addenda received during the: bid period. Each bid must give the Full business address of the bidder and state whether bidder is an individual, corporation or partnership. Bid Forms by a corporation must be signed in the name of the corporation, followed by the original signature and designation of the officer or other person authorized to bind the corporation. Sid Forms by partnerships shall show the names of all partners. The partnership title shall be followed by the original signature of each partner. Any erasures or other corrections in the bid form must be explained or noted over the signature of the bidder. Bid Forms containing any conditions, omissions. unexplained erasures, alterations, or irregularities of any kind may be rejected by the County. Bid documents and forms shall be submitted seated, and the envelopelpackage clearly marked with the Bid Number and the Name and Business Address of the individuallfirm submitting the bid. Bids postmarked prior to said time and date but not received shall not be considered and will be returned to bidder unopened- B. Bid Guarantee - The bid form shall be signed where indicated guaranteeing that the bidder will not withdraw his bid for a period of 60 days after the scheduled time of opening of bids. IB-05 WITHDRAWAL OF BIDS: Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. Bid No. 2021000541 96 of 144 IB-06 BID TABULATIONS: In accordance with Florida Statues, Section 119(1)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 1.1 c, 0 e (1) and s. 24(a), Art. 1 of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Those bldders interested In receiving a copy of the results of this bid once they are released may do so by visiting our website at IW::: /i, u�[',a ,iFr,.11iri r,h ir1.;lt�:c::n�n1y l �1cr under "Purchasing Bids Online", document Number 215414. No information regarding the submittal will be divulged over the telephone. IB-07 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all bids, to waive irregularities and technicalities, and to request resubmission of bids. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. Any sole response received the first submission date may be rejected by the County depending on available competition and timely needs of the County. 18-08 FORM OF CONTRACT: The submitted Bid Form signed by the Bidder, together with the complete bid package furnished by the County, shall constitute a binding contract. The Bidder shall be required to perform according to the Bidder`s submitted Bid Form and the County's bid package when a purchase order, signed by the Senior Division Manager - Purchasing or his/her designee, is transmitted to the Bidder. The transmitted purchase order shall serve as both a Notice of Acceptance and Notice to Proceed to the Bidder. Failure to comply with the conditions set forth in the purchase order shall be deemed a breach of contract subjecting the Bidder to forfeiture of the bid bond or other posted security and other possible penalties. IB-09 !NOTICE TO PROCEED/DELIVERY: After award of bid, a purchase order shall be issued bearing the terms of delivery. Upon receipt of purchase order, successful bidder shall acknowledge receipt of same by either fax or mail, and shall commence prosecution of order so that the agreed upon delivery date will be safisW. IB-10 PAYMENT: Request for payment must be submitted to the Charlotte County Purchasing Division on a form approved by the County. Price shall be net and all invoices payable according to the Local Government Prompt Payment Act (F.S.218.74). IB-11 PERFORMANCE EVALUATION: At the end of the contract, the receiving department will evaluate the successful bidder's performance. This evaluation will become public record. iB-12 ARITHMETIC DISCREPANCIES: A. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found an the face of the bid forms as submitted by bidders: 1. Obviously misplaced decimal points will be corrected. 2• In case of discrepancy between unit price acid extended price, the unit price will govern. Apparent errors in extension will be corrected. 3. Apparent errors In addition of lump sum and extended prices will be corrected. B. For the purpose of bid evaluation, the County will proceed on the assumption that the bidder intends his bid be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above, and the bid will be so reflected on the tabulation of bids. IB-13 DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by the contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as llmiting competition. If the bidder wishes to make a substitution to the specifications, the bidder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution, and such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the specifications. A bid containing a substitution is subject to disqualification If the substitution Is not approved by the County. Specified items bid shall be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, or appropriate attachments. Bid No. 2021000541 97 of 144 tB-14 QUALITY GUARANTEE: If any product delivered does not meet applicable specifications, or if the product will not produce the effect that the successful bidder represents to the County, the successful bidder shall picas up the product from the County at no expense to the County. Also, the successful bidder shall refund to Charlotte County any money which has been paid for same. The successful bidder will be responsible for reasonable County attorney fees expended to obtain compliance with this provision in the event the successful bidder defaults under this provision. 1B-15 REGULATIONS: A. It shall be the responsibility of each supplier to assure compliance with any OSHA, EPA, and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply. B. Bidder must be authorized to transact business and be properly licensed in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Charlotte County will apply to any resulting contract. IB-16 CODE OF ETHICS: With respect to this bid, if any bidder violates or is a party to a violation of the State of Florida/Florida Statutes, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for Charlotte County. 18.17 COLLUSION: By offering a submission to this invitation for bid, the bidder certifies the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection With this bid: • any prices andlor cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor; • any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or Indirectly to any other bidder or to any competitor; • no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; ■ the only person or persons interested in this bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into: and • no person or agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or estabtished commercial agencies maintained by the Purchaser for the purpose of doing business. IB-18 SOURCE OF SUPPLY AND SUBCONTRACTORS: Bidders are to complete the attached Source of Supply and Subcontractors form. This form must be completed and included with the bid form. If bidder does not have a source of supply or subcontractor, Insert "to be determined". When source or subcontractor is determined, selection will be subject to County approval. IB-19 DRUG FREE WORKPLACE FORM: It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the bid form. In the event of a tie bid, the presence of a valid and accurate form may be used as a basis for awarding the contract. 18.20 PUBLIC ENTITY CRIMES: In accordance with Florida Statutes Sec. 287.133(2)(a), "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods/services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017. for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list". I8-21 CANCELLATIONITERMINATION OF CONTRACT: The County shall have the right to cancel, terminate or suspend the contract, in whole or in part, by providing the Contractor 30 days written notice by certified mail. Bid No. 20210OU541 98 of 144 It is expressly understood by the County and the Contractor that Funding for any successive fiscal years of the contract is contingent upon appropriation of monies by the Charlotte County Board of County Commissioners. In the event that funds are not available or are not appropriated, the County reserves the right to terminate the contract. The County will be responsible for payment of any outstanding invoices and work completed by the Contractor prior to such termination, Pursuant to Section 287.135(3)(a)4 of the Florida Statutes, Charlotte County may, at its sole option, terminate any Agreement valued at $1,000,000 or more if the Contractor is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria or a boycott of Israel. Pursuant to Section 287.135(3)(b) of the Florida Statutes, Charlotte County may, at its sole option, terminate any Agreement in any amount if the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel. 1B-22 INDEMNIFY: After notification of award, the successful bidder shall indemnify and hold harmless the County, its officers, employees, agents and volunteers, from action, including any court costs or attorneys' fees arising from, or as a result of, any act or omission by bidder, its officers, employees, licensees, invitees, Contractors, agents or assignees, in the performance of the services and/or the delivery of goods for which the resulting agreement was entered into. Bidder agrees that the first ten dollars ($10.00) of compensation received under the resulting agreement represents specific consideration for the indemnification obligation. Nothing In the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges and immunities of the County as set forth in Florida Statute 768.28. IB-23 TAXES: The Contractor shall.assume liability for Local, State, or Federal Tax that is applicable to the work. IB-24 ASSIGNMENT: This agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Contractor without the prior written consent of the County. IB-25 EQUAL EMPLOYMENT OPPORTUNITY: Charlotte County, Florida, in accordance with the provisions of Title VI of The Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. All bidders are hereby notified that the successful bidder (Contractor) must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that: + No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, activity or service funded through the contract. • Contractor will not discriminate against any employee or applicant for employment because of rats, color, religion, sex, age, disability, national origin or marital status. Contractor agrees to post In a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractor will, In all solicitations or advertisements regarding program activities, services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. ■ County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records, accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws. It is expressly understood that County shall have the right to terminate the contract upon receipt of evidence of discrimination. IB-26 EMPLOYEE BACKGROUND CHECK: If an owner, except a stockholder in a publicly traded corporation, or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. Bid No.2021000541 99 of 144 IS-27 PUBLIC RECORDS CLAUSE TO CONTRACTORS "ACTING ON BEHALF OF THE COUNTY": Pursuant to Section 119.0701 of the Florida Statutes, Contractors acting on behalf of the County must comply with the public records laws, specifically: a) keep and maintain public records required by the County to perform the contracted services; b) upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or as otherwise provided by law; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract; and d) upon completion of the contract, keep and maintain all public records required by the County to perform the service, and meet all applicable requirements for retaining public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO RETAIN AND PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT (941) 743-1441, E-MAIL TO RECORDS@CHARLOTTECOUNTYFL.GOV, 18500 MURDOCK CIRCLE, BLDG. B, Suite 109, PORT CHARLOTTE, FLORIDA 33948. Bid No. 2021000541 100 of 144 TECHNICAL SPECIFICATIONS & CONDITIONS VEHICLES —ANNUAL. CONTRACT BID NO. 2021000541 TS-01 PURPOSE: It is the intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. It is the specific purpose of this bid to establish a conditional contract for the required materials and to secure the cost and availability of the requirements for procurement from a source of supply that will give prompt and convenient service. T5-02 BID PRICESITERMS OF CONTRACT: Bidders shall bid unit prices, F.Q.B., to Charlotte County Fleet Management, 18000 Paulson Drive, Port Charlotte, FL 33954. The prices bid shall include all costs for all transportation, labor, materials and equipment used in supplying and delivering said materials. Bid prices shall be considered firm from October 1, 2021 through and including September 30, 2022. This bid may be extencledlrenewed for two (2) additional one (1) year periods, by mutual agreement, provided there are no changes in terms, conditions and prices. Previous contract prices can be obtained by accessing the Charlotte County Purchasing Division's website at htt_•s:Il,.rrrch �;;ir,;Luis,r:l,,�rinttc,:�airn�.li.at3v under "Purchasing Bids Online", Historical Catalog. The previous Contract number for this project is 18-509 and is entitled 'Vehicles — Annual Contract'. TS-03 DELIVERY: All bids will indicate the lead time required for the established quantities to be delivered. Successful bidder will be held to delivery dates. Failure to meet delivery or lead time necessitating Charlotte County to make purchases from other sources, shall cause successful bidder to be held liable for the difference of cost between awarded bid price and the cost of the required purchase from another source. Successful bidder shall notify the Fleet Manager or his designee, at a number to be provided to the awarded Bidder at least 24 hours prior to delivery. All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays, unless otherwise agreed to by the receiving department. TS-04 ESTIMATED [,QUANTITIES: The exact quantities for this bid cannot be determined at this time. No minimum amount is guaranteed or implied. Purchase orders will be issued on an `as required' basis. TS-05 SCOPE: A. GENERAL: The vehicles to be purchased under this bid are automobiles, sport utility vehicles, passenger vans, light duty vans, light duty trucks, and light duty cab/chassis. Light duty vans, trucks, and cab/chassis cover all models up to and including Class 6 (19,501 to 26,000 lbs. GVW). Contractors shall bid a percentage discount off of the Ford factory invoice, which shall include the vehicle base price, freight charges, and all factory production options. The invoice submitted will be verified by the County by using Kelley Blue Book's New Car Pricing. In the event of a discrepancy, the Kelley Blue Book New Car Pricing shall supersede the submitted invoice. Charlotte County shall participate in all fleet incentives, price incentives, andlor rebates available to the bidder in addition to the percentage discount bid. Each vehicle purchased under this contract shall include as part of the base vehicle price: • vehicle preparation costs • delivery • three (3) complete sets of keys The percentage discount submitted by Bidder should take these factors into account. From the date of the purchase order, the bidder shall have 48 hours to place the vehicle(s) order with the Ford Motor Company, and shall provide the order number provided by Ford to Charlotte County along with the expected production time. For those vehicles requiring fabrcatlon, the fabrication schedule shall be coordinated with a Charlotte County Fleet Department representative. The Awarded Contractor shall make every effort to provide Charlotte County with the vehicles ordered in a timely manner and shall keep Charlotte County up to date on all information regarding vehicle delivery including, but not limited to, production and/or 'fabrication delays. 9 Sid No. 202i0o0541 101 of 144 B. DEALER INSTALLED OPTIONS: Dealer installed options may include but are not limited to strobe lights, bedliners, utility bodies, and cranes. See TS-06, Criteria for Award, for the approved list of authorized manufacturers to be used for dealer installed options. Only manufacturers on this list will be accepted. The Fleet Management Division will provide the awarded bidder with updated lists of approved manufacturers for dealer installed options as needed throughout the contract period. All prospective bidders must provide a percentage figure above "actual invoice" for any dealer installed options performed by a sub -contractor. Copies of actual invoices must be provided as backup. Charlotte County Fleet Management will provide the awarded bidder a list of dealer installed options required for each vehicle as they are ordered. Upon request of these items, the deafer shall provide Fleet Management pricing, excluding markup, within three (3) working days. Responses must be either faxed to 941-575-3671 or electronically mailed to Fleet Management. C. VEHICLE CONDITION: The bidder shall be responsible for delivering vehicles that are new and unused, properly serviced, clean, and in first class operating condition. Pre -delivery service, at a minimum, shall include the following: 1. Complete lubrication and check all fluid levels to assure proper fill 2. Adjustment of engine to proper operating condition 3. Inflate tires to proper pressure 4. Check for proper operation of all accessories, gauges, lights, mechanical and hydraulic features 5. Cleaning of vehicle, if necessary, and removal of all unnecessary items such as tags, stickers and papers. DO NOT REMOVE WINDOW PRiCE STICKER 6. Overall check for safe operating condition 7. All units must contain no less than 1/2 tank of fuel as Indicated by the vehicle's fuel gauge at the time of delivery. If a vehicle Is delivered with less than 112 tank of fuel as indicated by the vehicle's fuel gauge, the bidder shall be assessed $40.00 dollars. 8. Vehicles not requiring fabrication shall be delivered with less than 250 miles as indicated by the vehicle's odometer. Allowances will be made for vehicles that require off -site fabrication. but vendor shall make the effort to keep mileage to a minimum. Vehicles with 1,000 miles or more as indicated by the vehicle's odometer may not be accepted without prior approval from Charlotte County. 9. All vehicles shall be delivered with three (3) complete sets of keys. If a vehicle is delivered without three (3) complete sets of keys, the bidder shall be assessed 10. Delivery does not constitute acceptance. Acceptance and authorization of payment will be given only after a thorough Inspection indicates that the vehicle meets specifications and conditions listed herein. 11. Vehicles shall be delivered with each of the following documents satisfactorily completed: • Temporary 11cense plate and ..'or county plate ■ Owner and/or operator manuat(s). ■ Warranty certifications, including rustproofing, if applicable_ ■ Copy of pre -delivery service report. • Window price sticker (still affixed). 12. All vehicles shall be equipped with all standard equipment as specified by the manufacturer for this model. All vehicles shall comply with the EPA Emission Standards, and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles, and OSHA standards CFR 29 1910/1926. The bidder understands that the bid covers a complete, fully operative unit, as specified by the purchase order and enclosures, including the mounting of all attachments and connections to the chassis. D. TITLE, REGISTRATION, AND PLATES: All vehicles delivered under this contract shall be titled and registered by the successful bidder in accordance with Florida Statutes Chapters 319 and 320. Awarded bidder shall send any necessary form(s), which must be signed by an authorized representative of the Charlotte County Board of County Commissioners, with the vehicle upon delivery. Awarded bidder shall obtain necessary signature(s) and complete the title and registration process for the County, provide a 30-day temporary tag, and return a County license plate within twenty-five days of the delivery of each vehicle. The County shall reimburse the Contractor for the actual fees involved in the title application, registration, and obtaining of new license plates as charged by the Slate of Florida. The cost shall be listed as a separate line item on the invoice presented for payment on each vehicle. Separate Invoicing for this reimbursement will not be accepted. NOTE: Charlotte County is self -insured; therefore, a "Proof of Insurance" form is not required. 10 Bid No. 2021000541 102 of 144 TS-06 CRITERIA FOR AWARD: The award of this bid will be made to the lowest, responsive, responsible Bidder, who meets or exceeds the requirements of these specifications. The County reserves the right to reject the bid proposal of any bidder who has previously failed to perform properly, or on time, contracts of similar nature; or who is not in a position to satisfactorily perform the contract. If, after bid opening, the lowest bidder is deemed non -responsible by the County, such bidder shall receive written notice from the County of this determination. The bidder shall have five (5) business days from the date of this notice to dispute the determination and to provide to the County any additional information It deems relevant regarding the bidder's responsibility. The County shall make a final determination regarding the bidder's responsibility at the time of award of the contract. LIST OF AUTHORIZED MANUFACTURERS TO BE USED FOR DEALER INSTALLED OPTIONS Inciudes, but Is not limited to: EFFECTIVE 10/0112021 1. EMERGENCY AND WARNING LIGHTS: A. STROBE - NORTH AMERICAN SIGNAL COMPANY B. LIGHT BARS & MOUNTING BRACKETS - WHELEN C. CORNER INTERCEPT-- NOVA ELECTRONICS 2. BEDLINERS: A. DURALINER B. RHINO LININGS C. LINEX SPRAY IN 3. TOOL BOXES: A. DELTA B. DAYTON 4. TRAILER HITCHES: A. DRAW-TITE B. REESE 5. LIFT GATES: A. TOMMY GATE 6. ALUMINUM DUMP BODY INSERTS: A. TRUCK CRAFT B. EZ DUMPER 7. UTILITY AND STAKE BODIES: A. KNAPHEIDE B. READING C. ROYAL 8. CRANES: A. AUTO -CRANE B. LIFT MOORE 9. DUMP AND FLAT BED DUMP HOISTS: A. VENCO CONVERSION HOISTS B. RUGBY 10. TRUCK AND VAN ACCESSORIES: A. SILVER SHIELD SYSTEMS B. TAILGATERS C. MASTERACK D. AMERICAN VANS 11 SERVICE & PARTS MANUALS (C❑ OR HARD COPY): A. HELMS PUBLISHING 12. LAPTOP MOUNTS A. KODIAK MOBILE CF31 IDOCK B. JOTTO DESK 13. REAR MOUNTED CAMERA A. ZONE DEFENSE 11 Bid No. 2021000541 103 of 144 INSURANCE REQUIREMENTS VEHICLES — ANNUAL CONTRACT BID NO. 2021000541 Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are salisfied, insurance against claims for injury to persons or damage to property which may arise from or In connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The County In no way warrants that the minimurn limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional insurance as may be determined necessary. A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 1 Commercial General Liability — Occurrence Form (CG 00 01) Policy shall include bodily injury, property damage, broad Form contractual liability and Explosion, Collapse and Underground (}CCU) coverage. The general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Minimum Requirements: ■ General Aggregate ■ Each Occurrence $ 500,000 $ 500,000 a. The policy shall be endorsed to Include the following additional insured language: "Charlotte County a political subdivision of the state of Florida and its officers, employees, agents and volunteers" shall be named as an additional insured with respect to liability arising out of the activities performed by. or on behalf of the Contractor. b. Contractor's subcontractors shall be subject to the same minimum requirements iden€ified above. C. Policy shall be endorsed for a waiver of subrogation against the Charlotte County. 2. Automobile Liability Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this Contract. Automobile liability must be written on a standard ISO form (CA 00 01) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code S) and non -owned (Code 9) autos. Combined Single Limit (CSL) $ 500,000 a. The policy shall be endorsed to include the following additional insured language. "Charlotte County a political subdivision of the state of Florida and its officers, employees, agents and volunteers" shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor". b. Contractor's sub -contractors shall be subject to the same minimum requirements identified in this section. c. Policy shall contain a waiver of subrogation against the Charlotte County. 3_ Worker's Compensation and Employers' Liability Workers' Compensation Employers' Liability Each Accident, bodily injury or disease $ 500,000 a. Policy shall contain a waiver of subrogation against the Charlotte County- b. Projects on or along navigable waters an endorsement for US Longshoremen and Harbor Workers and Jones Act Is required, 12 Bid No 2021000541 104 of 144 C. Contractor's sub -contractors shall be subject to the same minimum requirements identified in this section. d. If the Contractor has no employees the Contractor must submit to the County the Workers Compensation Exemption from the State of Florida. Additional Insured — All policies, except for the Workers Compensation shall contain endorsements naming the County its officers, employees, agents and volunteers as additional insured with respect to liabilities arising out of the performance of services contained herein. The additional insured endorsements' shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to full extent provided by the policy, even if those limits exceed those required by this contract. Such additional insured coverage shall be at least as broad as Additional Insured(Form 8) endorsement form ISO, CG 20 10 1185 or both CG 20 10 and CG 20 37 if later revisions used, Walver of Subroqation Rights — The Contractor shall require the carriers of required coverage's to waive all rights of subrogation against the County, its officers, employees, agents and volunteers. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. Policies Primary and Non-Contributory — For any claims related to this contract, the Contractor's Insurance coverage shall be primary Insurance as respects the County, its officers, employees, agents and volunteers. Any insurance or self- insurance maintained by the County, its officers, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Severability of Interests — The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross Iiability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy. Proof of Coverage - Prior to the: commencement of performance of services the Contractor shall furnish to the Coun Purchasing Division Certificates of Insurance and amendatory endorsements or copies of the applicable policies. These certificates snail provide that such insurance shall not be terminated or expire without notice thereof in accordance with the policy provisions and Contractor shall maintain such insurance from the time the Contractor commences performance of services until completion of such services. Acceptability of insurance carrier — Unless otherwise approved by Risk Management, Insurance shall be written by insurers authorized to do business in the State of Florida and with a minimum Best Insurance Guide rating of `A- VII". Deductibles and Self -Insured Retention -- Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. The County may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the deductible or retention. Failure to Procure Coverage — In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured or is cancelled and not replaced, the County has the right but not the obligation or duty to terminate the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. Insurance Review — Insurance requirements are subject to periodic review by the County. The Risk Manager or designee is authorized, but not required, to reduce, waive, or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced or is not needed to protect the interests of the County. in addition, If Risk Management determines that heretofore, unreasonably or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable In light of past claims against the County, Inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual, or alleged, on part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the par to the County. 13 Bid No. 2021000541 105 of 144 SAFETY AND HEALTH REQUIREMENTS VEHICLES - ANNUAL CONTRACT BID NO. 2021000541 SH-01 HEALTH AND SAFETY PLAN: It shall be the responsibility of the Contractor to comply with OSHA, EPA, DOT and other applicable Federal and State of Florida laws, rules, regulations or other requirements. This includes, but is not limited to, 29 CFR 1926 (Safety and Health Regulations for Construction) and 1910 (Safety and Health Regulations for General Industry). Contractors are required to have a written Health and Safety Program that is jobsite specific. The elements of this written program shall be in accordance with OSHA 1926 and 1910- A list of program elements can be obtained from Charlotte County Risk Management. The Contractor will designate a responsible member of his organization whose duty shall be the prevention of accidents at the site. This person shalt be the Contractor's superintendent unless otherwise designated In writing by the Contractor to the Project Manager. A copy of the Contractor's Health and Safety Plan will be submitted to Charlotte County at feast 10 days prior to commencement of work. Contractor shall provide documentation that his employees and subcontractors received training (been informed of) on the Contractor's Health and Safety Plan. The Contractor will be responsible for conducting a site safety briefing for all visitors to the site. Documentation of these site safety briefings are to be maintained by the Contractor and made available to Charlotte County upon request. Contractor will post, where appropriate, all necessary job -site Health and Safety notices. The Loss Control Coordinator will conduct unannounced job -site inspections during the course of the project. Minor safety violations may be addressed immediately with the onsite supervisor and Project Manager. Major safety violations will result in written notification to the Contractor and Charlotte County Department Director under which the project is being performed. Hazardous conditions that are considered by the Loss Control Coordinator to be immediately dangerous to life or limb will result in immediate stoppage of work until the hazardous conditions are corrected. SH•02 ACCIDENTAL SPILLS: In the event of an accidental release or spill of chemicals or other hazardous materials the Contractor shall: • Immediately take action as appropriate to contain the spill it this action can be taken without jeopardizing the health or safety of employees, • Notify the Fire/EMS, or other entities as needed or required, • Contact the Project Manager/Coordinator, and • Contact Charlotte County Risk Management and Loss Control Coordinator The following phone numbers may be used in the event of an emergency: Risk Management 941.764,4191 Environmental Health and Safety Manager 941.743.1381 (or Cell 941.223,5535) SH-03 CONTROL OF FUGITIVE EMISSIONS: The Contractor shall take all reasonable precautions necessary to control fugitive emissions from the job site. Fugitive emissions include, but are not limited to: nuisance dust, chemical odorslvaporslgases, hazardous materials such as lead or asbestos, and noise, Where the product(s) or material(s) to be used by the Contractor has a permissible exposure limit (PEL) established by OSHA the Contractor shall take all reasonable steps to maintain emissions of the product(s) or materials below the OSHA PEL. To verify that emissions are maintained below the OSHA PEL, the Contractor shall monitor, or shall contract to have monitored, work area exposure conditions. Monitoring shall occur, at a minimum, during the start of work and whenever there is a change in procedure, process, or chemical or material used. if it Is deemed not practical to maintain exposures below the PEL, the Contractor shall restrict access to all areas where exposures exceed the PEL to authorized personnel only. 14 Sid No. 2021000541 106 of 144 A. ASBESTOS AND SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS: Contractors shall, under no circumstances, damage or disturb suspect or known asbestos containing material (ACM) unless they are a licensed Florida Asbestos Abatement Contractor and have been specifically employed to perform asbestos repair or removal. It is the responsibility of the Contractor to provide his or her own asbestos awareness program in accordance with 29 CFR 1926.1101. Where required by Federal and State regulations, the Contractor is required to have asbestos surveys performed prior to any work that includes, but is not limited to, renovation, and demolition. The asbestos survey must be performed by a firm that is licensed in the State of Florida to perform such surveys. A copy of the asbestos survey shall be submitted to the County's project manager. Asbestos materials may not be used or installed in any Charlotte County facilities. B. LFAD-CONTAINING BUILDING MATERIALS: Contractors that will disturb lead -containing building materials during the course of work shall take all necessary precautions to protect Charlotte County employees and the public from exposure to lead dust or contamination. These measures shall conform, at a minimum, to the OSHA requirements detailed in 29 CFR 1926.62 and applicable local, state and federal regulations. Where the Contractor is engaged in work in child -occupied facilities, such work shall be performed in accordance with 40 CFR 745, and clearance testing shall be performed by the Loss Control Coordinator or a licensed consultant at the conclusion of the project in accordance with the requirements of this regulation. C. SAMPLING AND MONITORING RESULTS: The results of all personal and area monitoring and or other samples collected for health and safety compliance required by OSHA or any other state or federal regulatory agency shall be provided to Charlotte County. 15 Bid No. 2021000541 107 of 144 BID FORM VEHICLES - ANNUAL CONTRACT BID NO. 2021000541 TO: Senior Division Manager - Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Pori Charlotte, Fl. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, instructions to Bidders, Technical Specifications & Conditions, insurance, Safety & Health Requirements, Bid Form, and any other documentation for VEHICLES - ANNUAL CONTRACT and further agrees to furnish all items listed on the attached Bid Form in accordance with the unit price(s) submitted. The above specified documents are herein incorporated into the Bid Farm and shall be defined as the contract documents. Please Note: For bid evaluation purposes, award wl[I be based on the lowest total of the following vehicle and dealer Installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for dealer installed options) submitted by each bidder. These quantities and descriptions are not actual and may vary considerably. They are only given as a means of determining 1 calculating the lowest responsive, responsible bidder. PERCENTAGE DISCOUNT OFF OF FORD FACTORY INVOICE (NEW VEHICLE; PURCHASES) 4.27 % PERCENTAGE MARK-UP ON DEALER INSTALLED OPTIONS 0.00 % Reminder: From the date of the purchase order, the bidder shall have ninety (90) days to dellver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) vehicles with dealer installed options. NOTE: In accordance: with Florida Statues, Section 119.071(1)( P: Sealed bids, proposals, or replies received b� an agency pursuant to a competitive solicitation are exempt from s. 114!,071(1)(b)2 and s. 24(a), Art. I of the Slate Constitution except as provided by Florida Statutes 255,0518, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Upon release of the intended decision. if you wish to obtain the quote results, you may do so by visiting our Website at Iittl�:il{,rlre.hasinubids.gharfottecountyfl.oyl under "Purchasing Bids ❑nfine document number 215414. No information regarding the submittal will be divulged over the telephone. Name of Bidder: Bartow Ford Co (This form to he returned) 16 Bid No. 2021000541 108 of 144 If notified of the acceptance of this bid form, the undersigned agrees to execute a Contract for the stated compensation in the form as prescribed by the County, within the time constraints outlined in Instructions to Bidders. The signature below is a guarantee that the Bidder will not withdraw his/her bid for a period of sixty (60) days after the scheduled time for opening the bids. In accordance with section 287.135, Florida Statutes, the undersigned certifies that the company is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and does not have business operations in Cuba or Syria (if applicable) or the Scrutinized Companies that Boycott Israel List, or is not participating in a boycott of Israel. All contract documents (i.e.; performance and payment bond, cashier's check, bid bond) shall be in the name of "Charlotte County". The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price bid. Addendum No. 1 Dated7/28/2921 Addendum No. , Dated . Addendum No. Dated Addendum No. Dated Addendum No. Dated ; Addendum No. Dated HOLD HARMLESS AGREEMENT: The bidding firm as indicated below, through the signing of this document by any authorized party or agent, indemnify, hold harmless and defend Charlotte County, a political subdivision of the State of Florida, its officers, agents, employees, and volunteers from all suits and actions, including attorney's fees and all costs of litigation and judgment of every name and description brought against the County as a result of loss, damage or injury to person or property by reason of any act or failure to act by the bidding firm, its agents, servants or employees. Type of Organization (Please Check One): individual Ownership Joint Venture Partnership Corporation X Name of Bidding Firm Bartow Ford Co Malting Address 2800 US Hwy 98 North Location Address 2800 US Hwy 98 North City & State Bartow FL Telephone: 813-477-0052 Fax Number: 863-535-1038 Signature of person authorized to bind the Company: Richard Weissinger �1CkI:TCI!] E-mail: thefordtruckguy@gmail.com Print NamefTitte of person authorized to bind the Company. Commercial Fleet Sales Date: 08110122021 (This form to be returned) 17 Bid No. 2021000541 109 of 144 SOURCE OF SUPPLY AND SUBCONTRACTORS The following sources of supply and subcontractors shall be used for the VEHICLES — ANNUAL CONTRACT project. II bidder does not have a source of supply or subcontractor, insert "to be determined". When a source or subcontractor is determined, selection will be subject to County approval. (if not applicable, state NIA). Source of Supply 1. EMERGENCY & WARNING LIGHTING BEDLINERS 2,TRAILER HITCH UTILITY & STAKE BODIES 3. CRANES DUMP BODIES 4, LIFTGATES TRUCK & VAN ACCESSORIES 5, LAP TOP MOUNTS SERVICE & PARTS MANUALS REAR MOUNTED CAMERA Subcontractor(s) 1 WHELEN 1 SOUNDOFF 1 FED SIG I NOVA 1 STAR FORD 1 DURA LINER 1 RHINO LININGS 1 LINEX 2. FORD 1 DRAW TIGHT I REESE KNAPHEIDE I READING 1 PREMIER 3. VENTURO 1 AUTO CRANE 1 LIFT MOORE KNAPHEIDE I RUGBY 1 VENCO 1 GODWIN 4, TOMMY GATE 1 WALTCO MASTER RACK RANGER 1 ARDIEN STEEL 5. HAVIS 1 JOTTO 1 GAMBER HELM PUBLISHING THIS IS NOW A FACTORY INSTALLED ITEM DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that Bartow Ford Co (name of business) does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace. the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noio contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Name of Bidder: Bartow Ford Co Signature Dated 08/10/2021 (Thfs form to be returned) 18 iglu-V*?Aif.T111 Al 110 of 144 mi L INTIEG11tITY -TRUST- HONESTY Since 1948 We're Different E We'll Prave itl� 8/ 10,12021 ".s�ra•lotte County Purchasing Division Kimberly A. Corbett, C.P.M., CPPB Senior Division Manager - Purchasing 18500 Murdock Circle Pof c Charlotte, Fl. 33948 .. 8-10 2021000541, VEHICLES — ANNUAL CONTRACT t:-51ow Ford will extend the Ford 5-year 60,000-mile limited powertrain warranty to 5-years, 100:000 miles on the following beet vehicles for no additional charge: 2022 Model Year F-150 (Excluding Raptor) a "?022 Model Year Super Duty (F-250 through F-600, pickups, and chassis cabs) 1022 Model Year F-59 Stripped Chassis 'W22 Model Year F-53 Stripped Chassis 2022 Model Year Transit (Excluding E-Transit) 2022 Model Year Transit Connect 2023 Model Year E-Series 'his limited powertrain warranty will be included in Bartow Ford's bid price for no additional charge. Tliis extension applies to both gas and diesel powertrains. If you have any questions or need any additional information, please feel free to contact me any time. [' s:spectfulIy yours Richard Weissinger of-11iriercial Fleet Sales 111 of 144 BID FORM VEHICLES — ANNUAL CONTRACT BID NO.2021000541 { J Senior Division Manager - Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, FI.33948-1094 he Undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Technical `.:pe6firations & Conditions, Insurance, Safety & Health Requirements, Bid Form, and any other documentation for VEHICLES — ANNUAL CONTRACT and further agrees to furnish all items listed on the attached Bid Form in accordance with the unit price(s) submitted. The above specified documents are herein Incorporated into the Bid Form and shall be defined as the contract documents. Pleuse Note: For hid evaluation purposes, award will be based on the lowest total of the following vehicle and dealer installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for dealer installed options) submitted by each bidder. These quantities and descriptions are not actual and may vary considerably. They are only given as a means of determining ! calculating the lowest responsive, responsible bidder. PERCENTAGE DISCOUNT OFF OF FORD FACTORY INVOICE (NEW VEHICLE PURCHASES) __ . 4.27 91. i' FRC1 NTAGE MARK-UP ON DEALER INSTALLED OPTIONS 0.00 % j Reminder: From the date of the purchase order, the bidder shall have ninety (90) days to deliver (including acceptanco) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) L ehR.Ies with dealer installed options. i FO T E: Its accordance with Florida Statues, Section 119.071(1)(b)2: Sealed bids, proposals, or replies received by an agency Pursuant to a competitive solicitation are exempt from s. 119.071(1)(b)2 and s. 24(a), Art. I of the State Constitution, except as provided by Florida Statutes 255.0518, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Upon release of the intended decision, if you wish to obtaln the quote results, you may do so by visiting our Websfte at hiti::/I,urchasin(ibids.char3ohecountvfi.govf under PUrGhasinq Bids Online", document number 215414. No information regarding the submittal will be divulged over the leiephone. Hance of Bidder: Bartow Ford Co {This form to be returned] - — — -- — — - — - -- — -- — 16 Bid No- 2021000541 112 of 144 SOURCE OF SUPPLY AND SUBCONTRACTORS The following sources of supply and subcontractors shall be used for the VEHICLES -- ANNUAL CONTRACT project. it I+idder does not have a source of supply or subcontractor, insert "to be determined". When a source or subcontractor is J-i;,_rrrlined, selection will be subject to County approval. (If not applicable, state NIA). Source of Supply 1 EMERGENCY & WARNING LIGHTING SEDLINERS 2 TRAILER HITCH UTILITY & STAKE BURIES 3. CRANES _ DUMP BODIES__ 4. LIFTGATES TRUCK & VAN ACCESSORIES 5 LAPTOP MOUNTS S-E-RVT -MWs—MANUALS REAR MOUNTED CAMERA Subcontractors) 1 WHELEN 1 SOUNDOFF 1 FED SIG I NOVA 1 STAR FORD I DURA LINER 1 RHINO LININGS 1 LINEX 2. FORD 1 DRAW TIGHT 1 REESE KNAPHEIDE I READING I PREMIER 1 VENTURO 1 AUTO CRANE I LIFT MOORE KNAPHEIDE / RUGBY I VENCO I GODWIN� 4. TOMMY GATE 1 WALTCD MASTER RACK I RANGER I ARDIEN STEEL 5. HAVIS I JOTTO 1 GAMBER HELM PUBLISHING THIS IS NOW A FACTORY INSTALLED ITEM DRUG FREE WORKPLACE FORM Tlie undersigned vendor in accordance with Florida Statute 287.087 hereby Certifies that Bartow Ford Co (riame of business) does: 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free wori�place, any avallabfe drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each sinployee engaged in providing the commodities or contractual services that are under bid a copy of the staterneni specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and wilt notify the empfoyer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than Five (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a goad faith effort to continue to maintain a drug -free workplace through implementation of this section AS die person authorized to sign the statement, I certify that this firm complies fully with } above requirements. Signature _ Bated 08110Q021 I r. izf of Bidder: Bartow Ford Co (This form to be returned) 18 Bid No. 2021000541 113 of 144 Jft Lf SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Jordan Baby Shower at the Yacht Club. Backqround: Michelle Jordan is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, March 26th, 2022 from 11:00am to 5:00pm. Staff has verified applicant's date of birth. They are expecting 50 people If Agenda Item Requires Expenditure of Funds: N/A Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: N/A Procurement Division Review, if applicable: NIA City Manager Authorization:/ Date: 114 of 144 Lm Ly - q_� HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 " For emergency purposes ONLY. please dial 77.2.473.04541 Date: ❑ Community Center + Ct-f Joi-daP-7 Name of Permittee (permits m only be issued to an adult) l S�7p 1 ►��Sr� Physica`[ Address i 74.4a ,r - r-,If City State Yacht Club Name of Organization (if applicable) Mailing Address (if different) 3 2j19 `7-74_jL-3- —?D 7 ado 22 Phone E-Mail �� 0 A 4� S�D��r Reason for Rental -- Type of�F"j nction so Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) fYjG��C� AVL4 20,02, /1 awr , 5'/9 M Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? l ,� If yes, please provide govt. issued ID proof of age I g— Q e of Efirth Verified by I, Pence�tizati _/#n� he undersigned, acknowledge that I am fire applicant or authorized agent of the above refeon, that t am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the buildin is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to t�e�fa will result in forfeiture, in part or full, of the security deposit. ' �/ Signature of AplliraqL.--' Realised 112021 115 of 144 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2334 Name ❑ Cash Date r,, r _ g Check # ❑Credit Amount Paid 001001 408001 Sales Tax �' 7 001001 220000 Security Deposit 001501 362100 Taxable Rent 150,00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services rn &-Ltpej Total Pald407, 75 Irtit�als White - Dept. of Origin • Yellow - Admin. Svcs. . Pink - Appticant 116 of 144 Oft Ci HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Ratelle Family Wedding Rehearsal at the Community Center. Background: Sheiby Ratelle is seeking Council approval to serve alcoholic beverages at the Community Center on Friday, January 21 st, 2022 from 6:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 35 to 40 people. If Agenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager th rization: Date: NIA INI NIA 117 of 144 Lill 0 C��,3AST1� HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Streot Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 38"249 For emergency purposes ONL Y, please dial 772.473.0454' Date: ; 1 i ` I , Community Center A 1�k- 1� ]r i Name of Perm ittee Apermits. inay only bee issued to an adult) l Ls`f ❑ Yacht Club Name of Organization (if applicable) Physical Address Mailing Address (if different) r _7 7 � -_71 �i '� 7 city State Zip Phone B-Mailsl��r Reason for Rental —Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) l -,. I ---)-1 Requested Date Please answer the following yes or no: 1 y Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? It yes, please provide gout- issued ID proof of age Time: From To yr°> Date of Birth Verified by I, �IyP \�-),- I�, i Clj � C , the undersigned, acknowledge that 1 am the applicant or authorized agent of the above referenced ofganization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the S250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. 1 ! Signature of AppiInI i•:evised 1121 118 of 144 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2328 I., Name Q- ❑ Cash ti .. o �j � 1� Date � �#ieck # � 00 A ❑Credit U) �a��I Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services COS Osof laye-e— :�p White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 119 of 144 Cmor SEBASM HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Title & Recommendation: Engineer review of the building at Fisherman's Landing City Council to provide staff direction on how to proceed. Backaround: The Crab E Bills location in the working waterfront area has been identified by staff and City Council as needing a structural evaluation in order to adequately budget for any future costs associated with the property. JMT Engineering provided a visual inspection of the structure and prepared a written report addressing the immediate structural modifications needed to provide for the safety of the occupants utilizing the facility. The City restricted access to those areas on the advice of JMT Engineering. The new City Engineer was asked to d❑ an additional evaluation as this is part of her expertise. The report noted some of the same conditions that JMT Engineering had provided, along with some additional structural conditions. One item of note, the best decision on how to proceed is a forensic evaluation that will require removal of sections of walls and ceiling to expose structural components. If Agenda Item Requires Expenditure of Funds: Total Cost: TB❑ Based on City Council direction Funds to Be Utilized: TBD Attachments: 1. City Engineer evaluation report Administrative Service City Attorney Review: Procurement Division s Depart Wicevie-kllfL/Re ew, if Ile City Manager Authorization: Date: l/l /,/) 2 120 of 144 Cm oY E HOME OF PELICAN ISLAND To: Paul Carlisle City Manager From: Karen Miller City Engineer Subject: Crab E. Bill's Seafood Market and Eatery Dear Mr. Carlisle, 1. INTRODUCTION As requested, I visited the site of Crab E Bill's Seafood Market and Eatery on November 301h as a preliminary walkthrough to familiarize myself with the site and see the existing conditions. I visited the site again on December bth for a more inclusive review of the site and structure. Below you Can find my observations and recommendations regarding next steps with the building. 2. BACKGROUND A preliminary structural inspection report was completed by the firm Johnson, Mirmiran, and Thompson (JMT) on October 7, 2021. In their report they noted areas of deterioration and damage found in their visual inspection. it was recommended that the Eastern, waterfront section of the dining area and museum be closed. On October 8,h the Building Official at the City of Sebastian visited the site to view the noted areas, and in agreement with the report, closed the Eastern dining area of the eatery. The seafood market and eatery has remained open from the western edge of the bar up to the entrance on Indian River Drive since the closure. 3. OBSERVATIONS During my two walkthroughs I completed a visual inspection of the exposed structure. The first site visit was composed of a quick walkthrough. The second site visit included an interior walkthrough and exterior walk around the property to see the roof, siding, extensions, and deck. In each visit no siding, sheathing, flooring or other components were removed to see the underlying structure. Only structural elements at the lower level of the eastern dining area were accessible to touch due to the lower elevation. The most notable conditions were the following: 121 of 144 3.1 Eastern Dining Room: Termite Damage The girder running North -South beyond the bar that supports the roof for the eastern dining portion has incorrect splices and significant section loss from termite damage is visible. This beam was not touched at the time of the visit (Photo 1). A variety of locations showed termite damage in the Eastern dining area of the building. In this area the ceiling is at a lower height where joists and girders can be easily inspected and touched without a ladder or additional access. A roof beam running East West at the eastern dining area had suffered significant termite damage and loss. When probing the beam with a screwdriver (in place of a wood awl) the beam was soft, flaky, and sounding hollow with the screwdriver able to penetrate the beam. During the exterior visit it was noticed the HVAC ductwork ran in line with this beam above on the roof. While the City has been the owner of the building there has been repetitive regular maintenance regarding termite and rodent remediation. However even with this remediation it seems that significant termite damage has continued. There was evidence of recent active termites along the eastern wall of the building. With termites it is critical to stop their activity, evaluate what damage has been done, repair necessary areas, and ensure there is no additional termite event. 3.2 Eastern Dining Room: Floor Structure During the site visit, there was an attempt to determine the condition of the floor joists for the eastern dining room. Without taking up Sections of floor it was not possible to see the condition of both the joists as well as their attachment system. At an area of the south east corner it was possible to see below the wa11 finishes and see a few of the floor joists. It did not appear there were hurricane straps or bracing to restrain the floor joists from rolling. Prior to the site visit 1 reviewed the construction plans from the 2005 reconstruction of the area and saw notes regarding their galvanized hangers and through bolts. These were not noted during this site visit and it is important to determine their current condition as galvanize is also known to rust and corrode. During JMT's prior review they were able to access additional areas below the floor noting lack of straps and corroded bolts. At this time it would be advantageous to complete probes and access additional areas to determine the existing condition of the floor system. At the edge of the eastern dining room and bar area the building transitions to a concrete slab. During the site visit with a maintenance worker for the building, it was mentioned that during the recent installation of the rubble/rock wall at the shoreline to limit erosion, the underside of the concrete slab at that area was visible. it is recommended to view the concrete slab more extensively and determine if it has been undermined. 3.3 Alterations 1 Load Path In many instances with older buildings, as alterations and repairs are done, the intended load path is changed, sometimes intentionally and sometimes unintentionally. At Crab E Gill's due to the 122 of 144 age of the building you can see many areas where alterations or changes were made. In some buildings areas that were not intended to be structural, but due to additions, alterations, changes in loading, and damage to existing structure, the non-structural elements take part of the load. In Crab E BiII's this very well may be the case for the marketplace where a large non-structural timber frame has been placed below the roof trusses (Photo 2). Therefore as of right now, it is unclear where the load path is currently going in the building. In the eastern dining room it is apparent where additions were made to the roofline. In some instances beams or joists are notched taking significant sections of the load bearing member. Due to these changes it would be advantageous to ensure that the load path is currently being met by suitable structural members throughout the building. 3.4 Roof Structure The roof structure in the marketplace is made up of roof trusses at four feet on center and a rafters and beams on the eastern side of the building. The roof had a spray foam applied to it approximately 20 years ago and patches can be seen of repairs over time. The HVAC system ductwork runs above the roof and ties into the roof structure at many locations (Photo 3). In these areas the immediate roof cannot be seen due to the location of the HVAC system. The roof system was viewed from the elevated pavilion considered the kid's play area on the property. The roof was not touched during the site visit. From viewing it was seen that the roof had many levels of elevations and many areas where water ponding could occur. In some areas the roof had a darker appearance. It is recommended to see the underlying structure as water may have accumulated in these areas and the condition of structural members below should be determined. As the roof has only had patches in recent years it would be advantageous to repair the entire roof and ensure a sealed envelope. 3.5 Extensions Around the building there are a variety of smaller extensions or canopies for entranceways and storage areas. At many of the canopies the roof rafters were shown to have moisture and loss of section (Photo 4). The storage extension on the Northwest side was in the worst condition. In some instances the attachment of the extension to the original }wilding show makeshift connections, and in many cases are not weather tight. These areas may attribute to the moisture accumulation as well as termite and rodent presence. It is recommended that these be evaluated further and in many cases demolished and the building fagade at the perimeter of the building repaired to have a sealed building envelope. 4. RECOMMENDATIONS / CONCLUSION At this point it time I am in agreement with the prior engineering firm as well as the building department that the Eastern portion of the building remain closed to the public. In this space multiple ceiling joists and girders showed significant termite damage. I believe a more conclusive 123 of 144 visit and investigation is necessary to determine all areas where termite damage has occurred and to what extent of the structural section remains. I believe this comprehensive investigation should be completed by an outside engineering design firm. It is probable there is additional termite damage in other areas of the building. It is recommended that the western portion of the building be investigated to determine if termites have been present there as well. This preliminary look at the western portion of the building can happen on a day the marketplace is closed so as not to limit business operations. At the time of prior visits it did not appear there was termite damage in this area but the roof trusses were inaccessible due to their elevation. As for investigations on the eastern portion it may be possible this further investigation happens while the marketplace is open as the areas are separated and the eastern section is closed to the public. I am recommending a more conclusive forensic investigation of the structure of the building to gain a better sense on the necessary repairs to bring the building back to safe conditions. In the prior preliminary report !MT gave an estimate of probable cost totaling $1,653,000. 1 agree with them that the original building and kitchen would need structural repair at areas of termite damage and moisture as well as a new roof. The eastern dining area would need the same, but greater quantity of structural repairs. Also the exterior extensions such as storage sheds should be demolished and the building envelope resealed in order to limit future moisture and termite intrusion. I believe repairs that have been completed in the past have been helpful to address the immediate need, however these smaII repairs have not helped address the root cause in an effective manner. By demolishing the small extensions we can make sure to seal the building properly from the elements. For example, routine sealing and painting of the roof has helped limit leaks, but with the spray foam that was added twenty years ago and has been added on to in repairs, it is hard to see what areas need repair. On the roof a variety of colors can be seen and some dark areas may signify rotting and moisture in the underlying structure. In order to see the condition of the roof joists the roof must be removed and repaired. In addition to the structural investigation, I believe we should complete an air quality study as many roof areas and floor joists have shown areas of water damage and moisture. A forensic investigation and air quality study will take additional funds and time in order to determine if/how to repair the building. We need to do our due diligence as this is a safety issue and safety is our utmost concern. With a more comprehensive forensic study we will have a better sense of all areas that need attention and repair to bring this space back to safe occupancy if possible. With a more in depth investigation 1 believe there will be a better sense of the repairs that need to be completed and we can determine a more realistic cost. However, as we uncover areas and make probes to see more of the underlying structure, we may find the repairs close or even more than that estimate. 124 of 144 It is anticipated that with further investigation we will find more issues or problem areas. This again will mean more money and repairs to bring the building back fully. As has been noted in the past, with existing buildings created prior to the building code, they can be considered grandfathered in. This building was first built in 1926 and opened in 1927. Since that time many sections and additions have been created and in many times in an ad -hoc manner as shown by the connections, splices, and visible details. You can see many hands at work in the building, many that were done prior to the existence of Florida Building Code and FEMA flood regulations. With changes to an existing building, as long as repairs or additions do not equal or exceed 50% of the market value of the existing building excluding the land, the additions or repairs can be completed in accordance with the current building code without need to bring the remainder of the building up to current code. With the flood maps having changed in 2010 and implemented in August of 2021, the building's designated zone has changed from a Zone X to a Zone VE, AE, and X. When a building lies within multiple types of regions, the entire building must be brought up to code required for the most severe zone, which in this case is Zone VE. As has been said in the past, buildings in this zone require the foundation to be supported by a deep foundation or piles. The building must have the lowest horizontal member above base flood elevation plus 1 foot. This means the building would need to be raised In a case where a portion of the building is unsafe with a building code or safety violation, some work within the part of the building to bring it back to safe condition may not count towards the 50% value trigger. Since the building department has deemed the eastern portion of the building unsafe, this means minor repairs in the Eastern dining room alone may not count towards the repair value that would warrant the need to upgrade all elements of the building to current building code. Bringing the building up to code would warrant a significant amount of funds. At that point it may be worth determining the cost to demolish and rebuild, as it may be more cost efficient than repairing and bringing the building to code. It appears at this point that that scenario may be the more cost efficient option however I believe we need to take the time to determine more about the structure and its required repairs as well as more about the likely repair costs. In conclusion, it is recommended that an air quality study as well as a more conclusive forensic study be completed. This forensic study will uncover and access additional areas of the structure using probes to determine the existing conditions and next steps. This study should be completed by an outside organization. 125 of 144 CFFYcF HOME OF PELICAN 15LAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 12, 2022 Agenda Item Title: Gyrocopter Flight Training Academy Aeronautical Land Lease Agreement Recommendation: Staff recommends City Council approve an Aeronautical Land Lease Agreement with Gyrocopter Flight Training Academy relating to the use of and conduct of business at 300 Airport Drive West on the Sebastian Municipal Airport - and authorize the City Manager to execute the required document{s). Backqround: Gyrocopter Flight Training Academy (Gyrocopter) recently purchased an office building and hangar belonging to Fishe Flying Corp, dba Pilot's Paradise at 300 Airport Drive West. Gyrocopter wishes to enter an aeronautical land lease agreement with the City of Sebastian to operate a gyrocopter flight training facility. This new Land Lease Agreement with Gyrocopter Flight Training Academy is drafted to include current market rent values and terms consistent with other Airport land lease agreements. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Attachments: 1 ] Gyrocopter Flight Training Academy Land Lease 2) Letter from Gyrocopter Flight Training Academy Administrative Services Depart e Review J City Attorney Review: ) Procurement Division Review, if licabi . City Manager Authorization: ❑ate: 127 of 144 AERONAUTICAL LAND LEASE AGREEMENT THE CITY OF SEBASTIAN LANDLORD GYIZOCOPTER FLIGHT TRAINING ACADEMY 300 AIRPORT DRIVE WEST SEBASTIAN, FL 32958 TENANT Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 1 128 of 144 AIRPORT LEA5E THIS LEASE, made and entered into this 12th day of January, 2022, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and GYROCOPTER FLIGHT TRAINING ACADEMY (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties/party." This document contains nineteen 15- pages, plus Schedule "A". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the City of Sebastian, Indian River County, Florida; and WHEREAS, certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property or as the Federal Aviation Administration (FAA), might allow; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end, in consideration of the premises, Tenant agrees to the covenants, tenris and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, and receipt and sufficiency for consideration of which are hereby acknowledged, the parties have agreed as follows: RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. I. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, fully incorporated herein by reference, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property, by Tenant, which is described more particularly on Schedule "A" affixed hereto and fully incorporated herein by reference (hereafter referred to as the "Leased Premises"). Pending approval of the underlying land lease agreement by the City Council of the City Of Sebastian, and the FDOT, it is understood that Tenant shall start paying; land lease rent upon the joint execution of this lease. Further, Tenant agrees to `hold harmless' the City Of Sebastian for any/all claims, liability, and damages resulting from activities by Tenant Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 2 129 of 144 during move -in. The parties understand that this agreement covers the land lease for privately owned buildings owned by the Tenant. 2. TERM OF LEASE. The term of this Lease shall be for a period commencing January 12, 2022, and ending June 17, 2040 at which time all buildines and immovements shall become the moverty of the Citv of Sebastian. 3. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be MONTHLY as follows: (a) Airport land. The Airport is providing airside land located at 300 Airport Drive East on Sebastian Municipal Airport for the Tenant to operate an aeronautical business relating to gyrocopter flight training and providing local area helicopter tours. The lease rate is one -thousand twenty one dollars ($1,021.00) per month, plus all applicable taxes. It is understood that the agreed lease rate is contingent on approval by the Florida Department of Transportation (FDOT). In January 2026, the rent amount will increase 3%. Another 3% increase adjustment shall be undertaken on January 1, 2027 and every year thereafter until the expiration date of the lease. (b) Security Deposit. A Security Deposit equal to one month's rent shall apply to the land lease property. The Tenant may make the Security Deposit over a three (3) month period with the total amount due no later than April 12, 2022, The Security Deposit may be forfeited, at the City's option, in the event of a breach of this Agreement that causes the City loss of rent or other expenses relating to the Tenant failing to perform its responsibilities with respect to this Agreement. (c) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (d) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written or verbal demand by Landlord, then the Landlord shall have the options and privileges as follows: Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive Fast, Sebastian, FL Page 3 130 of 144 (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying them of the intention of the Landlord to declare all unmatured rent installments presently due andpayable. (2) Partial acceleration. In lieu of the option in sub- paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. However, failure by the tenant to pay rent in a timely manner as required by the terms of this Agreement as a result of conditions beyond its control, such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or, sewers, shall not be deemed a breach of this Agreement. (e) Default in Drovisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent). the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default. and the Tenant shall, within thirty (30) dais after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to. those remedies, procedures and rights specified in the other paragraphs of this Lease. Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 4 131 of 144 {f) In addition to the rental amount, the Tenant shall pay Florida sales tax. 4. CONSTRUCTION AND IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant conditionally may make improvements to the buildings and property for the nrimary nurnose of operatina its aeronautical business. Tenant acknowledges that these improvements, subsequent improvements and construction are owned bv Landlord at the term end of lease. However, Landlord shall approve the design, features and color(s) of any building improvements. (a) The 'Tenant shall have the right to use the leased premises for any lawful purpose described in Section 5 below, and shall have the right to construct and improve upon the leased premises, provided any such construction and improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such construction and improvements are approved, in vi,riting, by the City Manager or his designee prior to commencement of any construction. The Tenant covenants and agrees that all such construction and improvements shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend and hold the Landlord hannless from any claims, losses, damages or liens arising out of the construction and improvements of the leased premises. (c) ALL CONSTRUCTION. IMPROVEMENTS AND FIXTURES OF EVERY IUND NOW OR HEREAFTER BUILT. ERECTED OR PLACED ON THE LEASED PREMISES SHALL, AT THE END OF THE TERM OR EARLIER TERMINATION OF THIS LEASE. FOR ANY REASON. BE AND BECOME THE PROPERTY OF THE LANDLORD and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements, if any. The Tenant agrees that all construction and improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 5 132 of 144 and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixtures personally owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personal. property, provided the Tenant is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personal property shall be repaired by Tenant forthwith at Tenant's expense. 5. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by Iawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents far Sebastian Municipal Airport. Tenant agrees that the LEASED PREMISES SHALL BE USED BY THE TENANT FOR THE PURPOSE OF ❑PERATING A GYROCOPTER FLIGHT TRAINING ACADEMY, LOCAL HELICOPTER TOURS, AIRCRAFT STORAGE, INSPECTIONS, AND ROUTINE MAINTENANCE AND REPAIRS PERFORMED ON A NON- COMMERCIAL BASIS ONLY. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. Aircraft painting, other than painting small parts with aerosol paints, is strictly prohibited. Under no instances shall the hangar be used as a living quarters. The hanger shall only be used to store aircraft and essentials for regular maintenance of Tenant's aircraft. Camping on the property is prohibited. 6. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may he withheld for any reason, the Tenant, at its sole cost and expense, may construct or erect such additional improvements on the leased premises as it deems Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 6 133 of 144 appropriate and may make such improvements alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such improvements, alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such improvement, alterations, additions or renovations. . The Tenant agrees NOT to dispose of hazardous wastes in the dumpster(s). 7. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, heat, phone, intemet, or any other utility or service consumed in connection with the leased premises. Utility charges shall be charged by the appropriate agency to Tenant by separate meter(s). The Landlord shall have no liability for the failure to procure, or the interruption of anv such services or utilities. 8. SIGNS. The Tenant shall have the right to erect and maintain "doorway" signage; as well as airside and street side signage provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary and in accordance with City of Sebastian's Land Development Codes and Code of Ordinances. 9. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes (if applicable), assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 10. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive Dublic liabilitv insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage - $1,000,000 Combined Single Limits. (b) For Aircraft Fueling Operations (if applicable) — a Comprehensive Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 7 134 of 144 minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (c) Automobile Liability Insurance: Tenant, its employees, Sub -Tenants, agents or contractors operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. In addition, Tenant, its employees, Sub -Tenants, agents or contractors having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (d) Builder's Risk — during any of Tenants construction on a leased site, the Tenant, its employees, Sub -Tenants, agents or contractors shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the Tenant, its employees, Sub -Tenants, agents or contractors. 11. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Landlord shall have no obligation to keep the leased premises or its contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All uolicies described in this Paragraph shall contain a clause preventine cancellation of anv coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 12. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant agrees that it shall cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. In the event the Tenant elects NOT to repair and/or replace the leased premises, the Landlord shall have claim to any insurance proceeds paid to the Tenant on account of such damage and/or destruction. In such instance, the Tenant will also be responsible for reimbursing the City any insurance deductibles or costs the City may have incurred as a result of the removal of the facility. 13. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page S 135 of 144 litigation arising out of or connected with the Tenant's construction, improvement, occupancy or use of the leased premises and the construction, improvement, occupancy or use of the leased premises by tenant's agents, employees, guests and invitees, against all loss, damage, claims, and actions, and all expenses, including, but not limited to, attorney's fees and costs, incidental or such claims or actions, including but not limited to liability as a result of injury to or death of any person, based upon or arising out of damage to property or injuries to persons or other tortious acts caused or contributed to by the Tenant or anyone acting under its direction or control or by acts or omissions, negligence or otherwise, of Tenant or an agent of the Tenant or an employee of anyone of them, regardless of the negligence of the Landlord or its employees, be it active or passive, except where such loss, cost, damage, claim, expense, or liability arises from the sole gross negligence or willful misconduct of the Landlord. upon request of the Landlord, Tenant shall, at no cost or expense to the Landlord, defend any suit asserting a claim for any loss, damage or liability specified above, and Tenant shall pay any cost and attorneys' fees that may be incurred by the Landlord in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the Landlord waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity.. This Paragraph shall survive the termination or cancellation of the Lease. 14. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly, or indirectly, from out of, or by reason of, any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, Sub -Tenants, agents, assigns, guests, invitees, or users of leased premises. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 15. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an Latshaw -- Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 9 136 of 144 execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall not do or pen -nit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirtv (30) days of the date it is initially recorded in the Public Records of Indian River County, Florida. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor or supplies upon the leased premises a mechanic's lien upon the Landlord's property or Sebastian Municipal Airport under the provisions of the Florida Statutes, or any subsequent revisions thereof. The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder. (i) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts (a) through (i) above. Upon the happening of any "event of default", the Landlord may, at its option, tenninate this Lease and expel the Tenant from the leased premise without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 10 137 of 144 days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 16. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating, between the Landlord and the Tenant, the relationship of principal and agent, or of a partnership, or of a joint venture and the relationship between them shall be and remain only that of Landlord and Tenant. 17. NOTICES AND REPORTS. Any notice, report, statement, approval, consent, designation, demand or request to be given, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Gyrocopter Flight Training Academy 300 Airport Drive West Sebastian, FL 32958 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 18, RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice in order to do the following: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; (c) To exhibit the leased premises to any prospective tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason; or Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 11 138 of 144 However, no authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 19. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender vossession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Anv personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 20. HEIGHTIHAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 21. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the Iand the following: (a) No person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (b) That in the construction or improvements on, over or under the Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 12 139 of 144 leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (e) That the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, and Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 22. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 23. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 24. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 13 140 of 144 25. APPLICABLE VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WANE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SOTRIABLE. 26. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 27. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 28. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnines and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and anv of its creditors or assignees or anv trustee or receiver appointed for the Tenant's vroperty. or anv other person claiminv under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the oroverty of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 14 141 of 144 under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Flan. IN WIINESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Tenant — Sonja M. Latshaw, President date Gyrocopter Flight Training Academy Paul E. Carlisle, City Manager date Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Esq., City Attorney date Attest: City Clerk (seal) Latshaw - Gyrocopter Flight Training Academy Land Lease Agreement 300 Airport Drive East, Sebastian, FL Page 1 142 of 144 SCHEDULE "A" M-In"003 II-XV�[" 131.040 1 a)a i between THE CITY OF SEBASTIAN LANDLORD AND GYROCOPTER FLIGHT TRAINING ACADEMY TENANT Concerning use of privately owned hangar and office buildings on Sebastian Municipal Airport located at 300 Airport Drive West, Sebastian, FL 32958 The City Of Sebastian (Landlord) shall lease to (tenant) a Darcel of land located at 300 Airport Drive West for the operation of an aeronautical business involving gyrocopter flight training and helicopter tours. The leased property shall include the apron aircraft tie -down area between the flight line frontage of the business and Taxiway Alpha. The lease does not include the fuel storage tank or pump, which remain the property of the City of Sebastian. The Land Lease Tenn, Rent and Deposit shall be at a rate as described in Sections 2-3 of the Land Lease Agreement. The lease rate is contingent upon FDOT and FAA approval of the per square foot lease rate. 143 of 144 GYROCOPTER FLIGHT TRAINING ACADEMY November 21, 2021 Gyrocopter Flight Training Academy (GFTA) is desiring to purchase the hanger/office on the west side of the field belonging to Fishe Flying Corp (formerly Sebastian Aero Services). Location- 300 Airport Drive West, Sebastian Municipal Airport, Sebastian, Florida 32958 ■ Detailed plan of business activities at this location ■ Gyrocopter Flight Training ■ Helicopter Beach Tours ■ Company Contact Information o Company Name: Gyrocopter Flight Training Academy o Ownership: Sonja Latshaw o Contact Information; Tel: 904-710-3083 Email: floweroalmPacl.com Vr - - J Sonja M. Latshaw CEO/President 300 Airport Drive West, Sebastian Municipal Airport, Sebastian, Florida, 32967 www.GFTA.com 904-710-6656 infopEtta.com 144 of 144