The URL can be used to link to this page

Home My WebLink About07-13-2022 CC Agenda�'M L HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 13, 2022 -- 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE C17T S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modif cations for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation - Treasure Coast Waterway Cleanup Week - July 16-24, 2022 B. Presentation - Substance Abuse Free Indian River Coalition Director, Substance Awareness Center of IRC - Michele Buldo, Phillis Schneider, and Kyleigh Savoie 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 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 be consensus direct a Charter Officer in regard to the item if'necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input 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 123 pgs 6-17 A. Approval of Minutes — June 22, 2022 Regular City Council Meeting pgs 18-47 B. Approve the Purchase of a Scale Computing HC/Hypercore System and Software from Eola Technology Partners in the Amount of $113,875.66 Using Discretionary Sales Tax Reserves (Transmittal, Quotes, Flyer, Slide Deck) pgs 48-50 C. Approve Alcoholic Beverages at the Yacht Club for the Hinman Family Event on August 6, 2022 from 6:00 to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) 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 Procedures for legislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action A. Uudate to the Policies and Regulations of the Citv's Boards and Committees pgs 51-54 i. Second Reading and Public Hearing of Ordinance No. 0-22-09 — Amending Code of Ordinances Chapter 2 — Administration, Article VI — Boards, Commissions, Committees, Division 7 - Veterans Advisory Board AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS, COMMITTEES, DIVISION 7 - VETERANS ADVISORY BOARD; AMENDING SECTION 2-253 - REPEALED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 55-58 ii. Second Reading and Public Hearing of Ordinance No. 0-22-10 — Amending Code of Ordinances Chapter 2 — Administration, Article VI — Boards, Commissions, Committees, Division 1 — Generally, Amending Section 2-166 — Definitions; Amending Section 2-167 — Appointments; Amending Section 2-170 — Qualifications; Amending Section 2-172 — Removal; Amending Section 2-173 — Attendance Requirement 2 of 123 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-166 - DEFINITIONS; AMENDING SECTION 2-167 - APPOINTMENTS; AMENDING SECTION 2-170 - QUALIFICATIONS; AMENDING SECTION 2-172 - REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. pgs 59-64 iii. Second Reading and Public Hearing of Ordinance No. 0-22-11 — Amending the City of Sebastian Code of Ordinances, Chapter 2 — Administration, Article VI — Boards, Commissions, Committees, Division 2 — Code of Ordinances; Adopting Section 2-178 — Special Magistrate — Additional Jurisdiction, Pertaining to Lien Reduction and Appeal AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS COMMISSIONS COMMITTEES, DIVISION 2 - CODE OF ORDINANCES; ADOPTING SECTION 2-178 - SPECIAL MAGISTRATE - ADDITIONAL JURISDICTION, PERTAINING TO LIEN REDUCTION AND APPEAL; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. pgs 65-75 iv. Second Reading and Public Hearing of Ordinance No. 0-22-12 — Amending the City of Sebastian Code of Ordinances, Chapter 26 — Buildings and Building Regulations, Article II — Building Codes; Amending Sec. 26-31 — Technical Codes Adopted; Amending Article VI — Contractors, Division 2 — Construction Board; Adopting a New Section 26-171— Prohibited Activities; Adopting a New Section 26-172 — Causes for Disciplinary Action; Repealing Section 26-174 — Enforcement of Article; Amending Section 26-175 — Penalties and Appeals; Amending Section 26-197 — Powers and Duties AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 26 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE II - BUILDING CODES; AMENDING SEC. 26- 3 E - TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI - CONTRACTORS, DIVISION 2 - CONSTRUCTION BOARD; ADOPTING A NEW SECTION 26-171 - PROHIBITED ACTIVITIES; ADOPTING A NEW SECTION 26-172 - CAUSES FOR DISCIPLINARY ACTION; REPEALING SECTION 26-174 - ENFORCEMENT OF ARTICLE; AMENDING SECTION 26-175 - PENALTIES AND APPEALS; AMENDING SECTION 26-197 - POWERS AND DUTIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS - None 3of123 12. NEW BUSINESS pgs 76-82 A. Request Direction for City Council on the Offer to Purchase the Property Located at 1528 Indian River Drive (Transmittal, F.S.166.045, Charter Sec. 1.02) pgs 83-94 B. Hiring Incentives and Sign -On Bonuses (Transmittal, HR Memo, 1RCSO Agreement, Stuart's Acknowledgement) pgs 95-123 C. Award RFQ 22-06 to Building Time Construction, LLC for the Design Build of the Building Department's Office Improvements and Authorize the City Manager to Negotiate a Guaranteed Maximum Price Contract (Transmittal, RFQ, Bid Tab) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Jones B. Council Member McPartlan C. Council Member Nunn D. Council Member Dodd E. Mayor Hill 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended far up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S. 286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA @CITYOFSEBA STIAN. ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING, ZOOM INFORMATION Please click the link below to join the webinar: htti)s-.//usO2web.zoom.us/i/81754045742 Or One tap mobile: US: +13126266799„81754045742# or+19294362866„81754045742# Or Telephone: Dial(for higher quality, dial a number based on your current location): 4of123 US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 817 5404 5742 International numbers available: https://us02web.zoom.us/u/kcyRFW7aq PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings Unfinished Business • New Business • Public Input Public Innut is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Inuut 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. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input 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. 5 of 123 Lin Cf HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 22, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Jones called the regular meeting to order at 6:00 p.m. 2. A moment of silence was held. Vice Mayor Jones led the Pledge of Allegiance. 4. ROLL CALL Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Members Absent: Mayor Jim Hill (excused) Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer/Public Works Director Karen Miller Community Development Director Lisa Frazier Building Official/Fire Marshal Wayne Eseltine Police Lt. Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Vice Mayor Jones recognized Community Policing Officer Donald Hart, Founder and President of Hart & Soul who had visitors in the audience that planned to watch the Council meeting. He explained the Hart & Soul Program was a mentoring program for young men from the age of 10 to 18 years old. 6of123 Regular City Council Meeting June 22, 2022 Page 2 BriefAnnouncements: Thursday, June 30 - Informational Workshop — Graves Brothers Annexation in Council Chambers —11:30 am —1:30 pm Monday, July 4 - Freedom Festival — Parade at 8:30 am — Vendors, Food, Kids Activities, and Music in Riverview Park all day - Fireworks at 9: 00 pm Council Member Nunn announced the upcoming events. 7. PUBLIC INPUT Abigail Sullivan, Sebastian, extended her gratitude to staff for holding the past annexation workshop. A. Approval of Minutes — June 8, 2022 Regular City Council Meeting 22.106 B. Approve CSA #2 with Carter Associates, Inc., under the "As -Needed Engineering Services Agreement" for Construction Administration Services of the Stonecrop Drainage Improvement Project, Phase II (Transmittal, CSA #2, Scope) 22.107 C. Approve CSA #4 with Schulke, Bittle, & Stoddard, LLC under the "As -Needed Engineering Services Agreement" for Consulting Services to Provide a Survey, Design, and Construction Administration for a New Sidewalk and Crosswalk from Palm Lake Club to the Publix Shopping Center on US-1 in the Amount of $23,120 (Transmittal, CSA #4, Sketch) 22.108 D. Approve the 2022-2023 Dates for the Sebastian River Art Club Events at Riverview Park (Transmittal, Letter, Application, Tax Exempt, Insurance) 22.109 E. Approve Road Closures and Waive the Fee for the Use of Riverview Park and the Mobile Stage for the 2022 Sebastian River High School Homecoming Parade on September 14, 2022 (Transmittal, Application, Agreement) 22.110 F. Approve Alcoholic Beverages at the Community Center for the Gonzalez Family Event on July 16, 2022 from 1:00 to 11:00 pm - DOB Verified (Transmittal, Application, Receipt) 22.111 G. Approve Alcoholic Beverages at the Community Center for the Rivera Family Event on July 30, 2022 from 2:00 to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve consent agenda items A-G. 7of123 Regular City Council Meeting June 22, 2022 Page 3 Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent Motion carried. 4-0 9. COMMITTEE REPORTS & APPOINTMENTS Council Member Nunn said he attended Affordable Housing Committee earlier in the day and said the State Housing Initiative Partnership Program (SHIP) and Supplemental Housing Assistance Rehabilitation Program (SHARP) have funds available for emergency septic, roof and plumbing repairs. He said more information was available on the City's website. He also said there are $40,000 grants available to purchase new homes within the SHIP program available to anyone living in Indian River County. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 22.112 A. Approve the Sebastian Area Historical Society's Request to Initiate a Historical Marker Ann_ lication with the Florida Department of State's Division of Historical Resources, Bureau of Historic Preservation for the Park's Family Section of the Sebastian Municipal Cemetery (Transmittal, Application) The City Manager said the historical society has requested to construct a marker to designate the historical significance of the Park family and their relationship to the Sebastian Municipal Cemetery. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve the Sebastian Area Historical Society's request to erect a marker at the cemetery passed with a unanimous voice vote. (4-0) Katherine McDonald, President of the Sebastian Area Historical Society introduced Joan Park Valentine, great granddaughter of August Park, and described how August Park opened his home to new settlers in Sebastian until they could become established in the 1800's. 22.113 B. First Reading Ordinance No. 0-22-08 — Proposing an Amendment to the Code of Ordinances Chapter 18 — Animals; Specifically Prohibiting Roosters and Exempting Approved Agricultural Operations — Set Public Hearing July 13, 2022 (Transmittal, 0-22-08) 8of123 Regular City Council Meeting June 22, 2022 Page 4 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 18 ANIMALS, ARTICLE II, TO PROHIBIT ROOSTERS AND EXEMPT APPROVED AGRICULTURAL OPERATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-08. The City Manager said the proposed ordinance was the result of a couple residents discussing their challenges with crowing roosters. Vice Mayor Jones asked why the noise ordinance hasn't been used for the offending rooster. The City Manager said it was tried but by the time the code enforcement officer arrived the rooster wasn't crowing so there wasn't a violation. He said it was at the discretion of Council on how they wished to move forward. Vice Mayor Jones asked, "Once the ordinance was in effect, how the City would seek out the roosters." The City Manager explained if there was a complaint or if the code enforcement officer observed the crowing, the rooster would have to be removed from the property. There would be no grandfathering in because there was no way of telling if a rooster was replaced. Council Member Dodd said he understands this is important to the residents that raised the complaint, there are other municipalities that do this and since the City isn't going to be overly intrusive in how we affect this he didn't object but would like the officers to have the means to enforce the issue with a bad rooster. Council Member McPartlan clarified for the rooster existing now, there would be a complaint made and then the resident would have to get rid of the rooster through euthanasia or cooking him. He said he would rather use the noise ordinance with the magistrate process than making a law now for this one noisy rooster. Vice Mayor Jones said he was told there is a rooster collar that prevents them from crowing too loud and cautioned that if the ordinance passed, residents should take care with their roosters. Council Member Nunn said when there are chickens without roosters, the chickens start crowing. He said he v because of a few people; there are RVs, be dealt with in the City. as not a fan for creating an ordinance boats and many other issues that need to Patti Sullivan, Sebastian, said there is a rooster in her neighborhood and the crow is an amazing sound. She suggested the City focus on things that are true violations. 9 of'123 Regular City Council Meeting June 22, 2022 Page 5 Mary McGee advised that if chickens are purchased at Tractor Supply, they will identify the sex for you. Toni asked how many chickens are allowed. The City Manager advised currently, two chickens are allowed to one residential unit. Vice Mayor Jones asked that if someone has an animal that neighbors are complaining about to please be respectful, good neighbors to those that have the complaint. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to deny Ordinance No. 0-22-08. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Vice Mayor Jones - aye Mayor Hill - absent Motion carried to deny Ordinance No. 0-22-08. (4-0) C. Undate to the Policies and Reeulations of the Citv's Boards and Committee 22.114 i. First Readinp- Ordinance No. 0-22-09 — Amending Code of Ordinances Chanter 2 — Administration, Article VI — Boards, Commissions, Committees, Division 7 - Veterans Advisory Board - Set Public Hearing Julv 13, 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS, COMMITTEES, DIVISION 7 - VETERANS ADVISORY BOARD; AMENDING SECTION 2-253 - REPEALED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-09. The City Manager said the next four ordinances are to clear up some language in the policies of the City's boards. Council Member Dodd said these are all related to the revisions related to the Handbook for the City's board and committees. The first item is reactivating the Veterans Advisory Board which has sunset. Council Member McPartlan asked to see a public comment section. Council Member Dodd said included in the changes, the boards that took the general purpose public comment section away have specific points to cover during a meeting, for example the Planning and Zoning Commission adheres 10 of 123 Regular City Council Meeting June 22, 2022 Page 6 under state law, there is no place for citizens to discuss things that aren't on the agenda. If a citizen would like to introduce something they should bring that to the department or City Manager. He said the Planning & Zoning Commission, the Police Pension Board, Local Planning Agency are very specific boards and this wasn't an attempt to reduce public input because there will be input on each item on the agenda but an open public input session was not consistent with the objective of that board. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to pass Ordinance 0-22-09 on first reading to reapprove the Veterans Advisory Board and set the Public Hearing for July 13. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Vice Mayor Jones - aye Council Member Dodd - aye Mayor Hill - absent Motion carried. 4-0 22.115 ii. First Readina Ordinance No. 0-22-10 — Amending Code of Ordinances Chanter 2 — Administration, Article VI — Boards, Commissions, Committees, Division 1 — Generallv. Amending Section 2-166 — Definitions; Amendina Section 2-167 — Appointments: Amending Section 2-170 — Oualifications; Amending Section 2-172 — Removal; Amendina Section 2-173 — Attendance Requirement - Set Public Hearina Julv 13, 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-166 - DEFINITIONS; AMENDING SECTION 2-167 — APPOINTMENTS; AMENDING SECTION 2-170 - QUALIFICATIONS; AMENDING SECTION 2-172 — REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-10. The City Manager said this was updating the policies, procedures and qualifications for the boards. MOTION by Council Member Dodd and SECOND by Council Member Nunn to pass Ordinance No. 0-22-10 on first reading and set the public hearing for July 13, 2022. Roll call: Council Member Nunn - aye Vice Mayor Jones - aye 11 of 123 Regular City Council Meeting June 22, 2022 Page 7 Council Member Dodd - aye Council Member McPartlan - aye Mayor Hill - absent Motion carried. 4-0 22.061 iii. First Reading Ordinance No. 0-22-11 — Amendine the Citv of Sebastian Code of Ordinances, Chapter 2 — Administration, Article VI — Boards, Commissions. Committees, Division 2 — Code of Ordinances; Adopting Section 2-178 — Special Magistrate — Additional Jurisdiction, Pertaining to Lien Reduction and Appeal - Set Public Hearins Julv 13, 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 2 — ADMINISTRATION, ARTICLE VI — BOARDS COMMISSIONS COMMITTEES, DIVISION 2 - CODE OF ORDINANCES; ADOPTING SECTION 2-178 — SPECIAL MAGISTRATE — ADDITIONAL JURISDICTION, PERTAINING TO LIEN REDUCTION AND APPEAL; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-11. The City Manager said this ordinance was to give magistrate the ability to hold a hearing to determine if there are facts in place to cause a reduction in a lien amount placed upon a property. The City Attorney said in this ordinance he was recommending having the Special Magistrate hold a hearing that would provide evidence; the magistrate would have the authority to give up to a 25% reduction and anything above that would have to come to Council and then the only thing Council could consider would be the percentage. Council Member Dodd asked if the magistrate said no, is it normal not to have an appeal process. The City Attorney explained this entire process was discretionary and it wasn't subject to F.S.162 where it is appealable to the 19a' Circuit Court. Council Member Dodd said he was in favor of the special magistrate holding the hearing with people proving they have a reason to have a lien reduced. Council Member Nunn said in past people have disagreed with the magistrate and taken it to the 19'' Circuit Court; he asked would that still be available. The City Attorney responded that appeal process is available under F.S.162. This can be used by Council to give the magistrate the authority to review up to a certain amount and then it is done and not appealable which will be disclosed in the application process. 12 of'123 Regular City Council Meeting June 22, 2022 Page 8 Council Member McPartlan asked if the lien is $100,000, can the magistrate write off $25,000. The City Attorney advised that was correct, up to 25% and the applicant could not come to City Council for an additional reduction. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to pass Ordinance No. 0-22-11 on first reading and set the public hearing for July 13, 2022. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill -absent Motion carried. 4-0 22.116 iv. First Reading Ordinance No. 0-22-12 — Amending the Citv of Sebastian Code of Ordinances. Chanter 26 — Buildings and Building Regulations, Article II — Building Codes; Amending Sec. 26-31 — Technical Codes Adopted; Amending Article VI — Contractors, Division 2 — Construction Board: Adopting a New Section 26-171— Prohibited Activities: Adopting a New Section 26-172 — Causes for Discinlinary Action. Repealing Section 26-174 — Enforcement of Article: Amending Section 26-175 — Penalties and Appeals: Amending Section 26-197 — Powers and Duties - Set Public Hearing Julv 13, 2022 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 26 — BUILDINGS AND BUILDING REGULATIONS, ARTICLE II — BUILDING CODES; AMENDING SEC. 26- 31 - TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI — CONTRACTORS, DIVISION 2 — CONSTRUCTION BOARD; ADOPTING A NEW SECTION 26-171 — PROHIBITED ACTIVITIES; ADOPTING A NEW SECTION 26-172 — CAUSES FOR DISCIPLINARY ACTION; REPEALING SECTION 26-174 — ENFORCEMENT OF ARTICLE; AMENDING SECTION 26-175 — PENALTIES AND APPEALS; AMENDING SECTION 26-197 — POWERS AND DUTIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-12. The City Manager said this was for the Construction Board and the enforcement of the building codes and contractor licensures. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to pass Ordinance No. 0-22-12 on first reading and set the public hearing for July 13, 2022. Roll call: Vice Mayor Jones - aye 13 of 123 Regular City Council Meeting June 22, 2022 Page 9 Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent Motion carried. 4-0 22.115 V. Resolution No. R-22-15 — Citv Board and Committee Meeting Format (Transmittal. R-22-15)(Handbook provided under separate cover) 6:49 pm A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING R-12-38 IN ITS ENTIRETY; CREATING NEW BOARD CATEGORIES AND PROCEDURES; PROVIDING FOR MEETING START TIME AND END TIMES FOR ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES FOR PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR USE OF ROBERTS RULES OF ORDER AS A GENERAL GUIDELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-22-15. The City Manager said this resolution was setting the agenda guidelines for our boards and takes away the ambiguous call for public input at the end of the meetings where the board members cannot take action on. Council Member Dodd cited, "the amended agenda will reflect that these boards have no Public Input" which could be inferred that there is no public input on items that are brought forth. The City Manager said public input would only be allowed on items on the agenda. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Resolution No. R-22-15 with the City Attorney wordsmithing section 4A(2). The City Manager suggested adding, "There will be no public input except for those items that are on the agenda." Council Member Nunn suggested, "No public input except during those items on the agenda." Patti Sullivan, Sebastian, asked Council to be clear that they are not stifling public input but would like the input to be germane to the agenda item. The City Attorney advised that he and the City Clerk would be conducting training in the future for the boards. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye 14 of 123 Regular City Council Meeting June 22, 2022 Page 10 Vice Mayor Jones - aye Mayor Hill - absent Motion carried. 4-0 13. CITY ATTORNEY MATTERS The City Attorney said he has been working with the new union coming onboard and he believed they reached a tentative agreement on what they will look like. 14. CITY MANAGER MATTERS The City Manager reported that the COVID rates are going up for Indian River County and he reminded everyone to cautious. Crab E Bills He also reported that the cost estimates for the temporary repairs of Crab E Bills have come in considerably higher than anticipated. Right now he was looking at $140,000+ and that number is not going to be the end from what he could see. He asked for direction from City Council. He said the repairs would be opening up the 512 square feet of seating area that was deemed unsafe and taking away the substitute 586 square feet open air which is a lot of money for a non -permanent fix given the amount of repairs that are needed. Council Member Dodd said the ultimate solution is to move the restaurant out of there and fix the building as it was but not too many people seem to be interested that solution. The next best thing is to isolate the non -safe area and let the restaurant operate until the lease is done. He suggested the City notify owner that they have until the end of their lease and if something happens that more of the building becomes unsafe, we will close that down. Council Member Nunn noted the building is a centerpiece to the Working Waterfront but it was not a historical structure. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to have the City Manager and City Attorney notify the lessor that they can have occupation of the space that they currently have until end of their lease period unless that space is deemed to be unsafe and at that time they would have to vacate that unsafe space. The City Attorney advised that they could address this by consensus and open it up for public input. Council Member Dodd withdrew his motion to go forward as a consensus decision. The City Manager asked if they wanted to consider a design build in the process to construct a new structure. Council Member Dodd suggested they address rebuilding at a later time. 15 of'123 Regular City Council Meeting June 22, 2022 Page 11 Terry McGinn, Miller Drive, suggested that Council buy out Crab E Bill's lease and help them find another building and shut down the existing structure. Council Member Dodd said they have tried to help the lessor and they have refused. Vice Mayor Jones said it was important for the lessor to be aware of the City's intent. Karen Jordan said she doesn't really know Crab E Bills but because the building is more and more is unsafe, she didn't want to visit the restaurant. Council Member Dodd said the City has an obligation under the Florida Communities Trust grant to protect that building and the citizens. He said no one is interested in being punitive to any business in the City but they have no choice. Council Member Nunn said this is the City making a decision on what is best for the building. Council Member McPartlan said he looked forward to future conversations. The City Attorney clarified that the letter to be sent out is that the lessor can stay in the building until the end of her lease but after that there is no continuation. Toni, Sebastian, asked who pays if someone gets hurt in the building. It was the consensus of City Council that the lessor can occupy the building until the end of her lease. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor Hill - absent B. Vice Mayor Jones - None C. Council Member McPartlan said there was a very good annexation workshop last week. He asked if the Sebastian River Improvement District could give a presentation to Council regarding their statutory powers, duties and how the proposed annexation would impact their assessments. D. Council Member Nunn - None E. Council Member Dodd said he was pleased to read in the newspaper that there will be a meeting with County officials to discuss the potential impacts of the Graves Brothers annexation. The City Manager confirmed there is a meeting set up with County Administrator Jason Brown and the property owner, Jeff Bass. 16 of 123 Regular City Council Meeting June 22, 2022 Page 12 17. Being no further business, Vice Mayor Jones adjourned the regular City Council meeting at 7:30 p.m. Approved at the July 13, 2022 Regular City Council meeting. Mayor Jim Hill ATTEST• Jeanette Williams, City Clerk 17 of 123 c� ASTtokf arv�T HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 13, 2022 Agenda Item Title: Approve the purchase of a Scale Computing HC/Hypercore System and software from Eola Technology Partners in the amount of $113,875.66 using Discretionary Sales Tax Reserves. Recommendation: Staff recommends City Council approve the purchase of the hyperconverged system & software from Eola Technology Partners in the amount of $113,875.66 Background: The City of Sebastian is looking to purchase a custom-built HC1/Hypercore computer virtualization system with backup and VDI software made by Scale Computing from Eola Technology Partners to replace an aging VMWare system that the city currently runs for a total of $113,875.66. This pricing was the lowest of the three-(3) quotes which were obtained. The MIS division is looking to invest in this solution to provide a better value to the city in the event of a cybersecurity event and minimize the time and resources needed to return to normal operations. This purchase includes additional backup software and hardware specifically designed to allow the city to recover much quicker from a cybersecurity incident. Additionally, this will provide the ability to update the system's software while still maintaining services. The system's software has been requiring frequent updates to protect it from malicious attacks and other potential security risks but it is almost impossible to update our current system now without a major outage of services. MIS is also going to leverage the use of VDI (Virtual Desktop Infrastructure) technology to provide a better and safer experience when employees use some of our legacy software, as the software will no longer be required to be installed on the individual's computers. This purchase also includes all the setup & support needed to get started, as well as five (5) years of support and maintenance. If Agenda Item Reauires Exuenditure of Funds: Budgeted Amount: $0.00 Total Cost: $113,875.66 Funds to Be Utilized for Appropriation: Discretionary Sales Tax Reserves Attachments: 1. Eola Technology Partners Quote 2. Ingram Micro Quote 3. Scale Computing Quote 4. Scale Computing Industry Brief, State and Local Government Industry Flyer 5. Scale Computing Integrated Infrastructure Platform Slide Deck Administrative Services Departmeu evie �• v City Attorney Review: Procurement Division Review,pli le: City Manager Authorization: Date: 7171.Z11 18 of 123 -ECHNOLOGY PAPS 'NEPS Scale Computing Quote Quote # 003717 Version 1 City of Sebastian Casey Radcliffe 19 of 123 'EC HNOLOGv PA37!NE, LYa Production Server Hardware & Support Hardware Scale Computing Build Out: Production Server $8,168.19 3 1 Exempt per F.S.282.319(4)(5)(6) Support & Servi[.._ Scale Computing Server Move Support $964.37 1 Scale Computing Services Basic VDI Setup w/ Parallels $1,978.48 1 Advanced Install Services for Hardware & Software $1,978.48 1 Exempt per F.S.282.3I8(4)(5)(6)_. $386.14 15 5 Year - Hypercore License 8 Core Standard (per Node) $14,256.55 3 Support Terre: 8/29/2022-8128/2027 5 Year - License & Software, Fleet License Manager, 5 Cluster $1,296.76 1 Support Term: 8/29/2022-8/28/2027 5 Year- Hardware Warranty Services $1,182.24 1 Support Terre: 8/29/202-2-8/2812027 Backup Quickstart License $1,187.09 1 Exempt per F.S.282.3I 8(4)(5)(6) $3,321.64 3 Subtotal $24,504.57 $964.37 $1,978.48 $1,978.48 $5,792.10 $42,769.65 $1,296.76 $1,182.24 $1,187.09 $9,964.92 DR Node Hardware & Support Hardware Scale Computing Build Out: DR Node $7,396.30 1 $7,396.30 Exempt per F.S282.318(4)(5)(6) Support & Servi 5 Year - Hypercore License 8 Core Standard (per Node) $14,256.55 1 Support Term: 8/29/2022-8/28/2027 $14,256.55 Eola Technology Partners 3670 Maguire Blvd. Suite 250 Orlando, FL 32803 Page: 2 of 4 20 of 123 AW -ECHNOLOGY PARTNERS DR Node Hardware & Support Description Price Qtv E t. price 5 Year - Hardware Warranty Services Support Term: 8/29/2022-8128/2027 Node Install Remote Support Services $356.84 1 5356.84 $247.31 1 $247.31 Subtotal Eola Technology Partners 3670 Maguire Blvd. Suite 250 Orlando, FL 32803 Page; 3 of 4 21 of 123 TECHNOLOGY PARTNERS Scale Computing Quote Prepared by: Eola Technology Partners Casey Radcliffe (407)722-7440 cradcliffe@eolatech,com Quote Summary Prepared for: City of Sebastian 1225 Main St. Sebastian, FL 32958 Barbara Reese breese@cityofsebastian.org Quote Information: Quote #: 003717 Version: 1 Delivery Date: 06/28/2022 Expiration Date: 07/26/2022 �--IHT#191111 Production Server Hardware & Support $91,618,66 DR Node Hardware &. Support $22,257.00 Total: Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Eola Technology Partners City of Sebastian Signature: Name: Casey Radcliffe Title: Purchasing Coordinator Date: 06/28/2022 Eole Technology Partners Signature: Name: Barbara Reese Date: 3670 Maguire Blvd. Suite 250 Orlando, FL32803 Page: 4 of 4 22 of 123 Thank you for contacting Ingram Micro. We value your business greatly and Will continue to deliver the services you need to retain it. This quote is not intended to represent the entire conversation; only what was relevant to the solution you requested. We make every effort to provide a complete and correct solution. However, the accuracy of the solution provided is dependent on the information gathered. if relevant information is not provided by our customer, Ingram Micro cannot be held responsible. We urge you to review this quote fully, to ensure it reflects all of your required specifications. If you have additional questions, please contact your designated Ingram Micro contact. Remember to reference your Quote Number. Quote: QUO-421786$8._8869Z3 A Name: City of8abas4tall-Scale Quote Amount: $117,673.34 Currency: US Dollar Effective From: 6/2712022 Effective To: 7124/2022 •� � Send Date: 06/27/2022 — --- - -- - - Fxpiq Date: 712412022 End User Name; City of Sebastian Spacial Pricing information: Special Pricing Number: 0-38131-1 Start Date: 6/2712022 Expiry Data: 7/2412022 Customer Question: Scale Ounte Customer Is responsible for freight which is estimated at S75 per node and M per switch. All orders are considered final. No returns of sold SCALE Products will be accepted. Saiutlon Corn mattts: - Order Lead Time Notice Although our standard lead time on build -to -order systems is 4 weeks, please be aware that lead times may be extended due to 1 industry -wide shortages on components into the foreseeable future. Once an order Is placed, the standard anticipated ship date (4 Weeks) will be issued. Further communication regarding order tirreframes will be issued and ASD adjusted from that point Forward, if necessary. Order status can be tracked both through e-mail notifications and by accessing order details in the partner and customer portals. CmflIguratfan Kama: Prod 1 Aar1* 116 x VIM 1 Fleetifisraper 16 years Itarn K. StSU — �rer W.Part L![y� Doscrtptiatt told Pradvat If►ia �taroiatt"•� Avail. Qty li fIA,Si p Exempt per F.S.282.318(4)(5)(6) ' I a SB.2ot-og ti w t� w 2 01 5998.00 Ext IRSFP Prise Ext Price —� Commerres — — I i $24.6 oo' S7,790.95 S23,372-M I t f j sm.00 5949.0± W9.05 7 8 9 I 10 Oi $3,440.92 Support Term: 8129f�04261! I $10,322781 I $3,288.87 $9.808 a28=7 f 0 r $moo $6.0W.00 I $380.00 $5,7W.W SuppwtTerm:82W= 8282W I j I � 3 2$2 E 0 sa.m Bald $0.01 $0.03� 0 $0.01 $0.18 SU.01 $0.181 4 0 $0.01 S10.03 $0,01 $5.03 0 $0.01 50-09 50.ot SUul $18,491.00 $49,473.0G $15,888.45 $46A9.35 Tom' 8+2aY�22 B/ffi=7 0 $1500.0o $1.5W$1,42&00 $1.425.00 ��W rwm: 8r1BI2027 24 of 12S 14 Exempt per � .S OI $10230.15 $1,2j0.15i $1,16864EStppar,Term: &2412071 l &2=7 I I I I Il OI ` i1�o�ol $1.200.00� 51.140.ao $, rain l � i 0 � I j E 01 $2.OM. szmo0 d $1.9=00. S1.90000 E l ' 01 $2,000.00 $2,000.00 $1,900.00 S1.90000 I + ,5 0I $0.01 $0.03 $0.01 I $0.03. Sub -Tow W $W,32927 54,,361.86 Configuration Name: OR - 5 Y6ara - - - Itam # SKI) I Mamdactluer AAh. Part # -5ii D Ig (gn and Piodtiet Inh� �OIscoks "" : l4vatL 0ty MSRP ! Eci usRP Y Price ` I zt Prkca Commetroc I Exempt per F.S.282.3 I8(4)(S)({) 1 I 0i $7,426.00 $7,426.00 $7,054.70 57.054,7( ti I 0 $0.01 $0,01 $0.01 $0.011 I I 3 is 5., 0 $004 4 50.01 Su c, u n $0.041 I COVri eC F S t I s X4 Support Term: er %= 516,491.00 $16,491,OOI $15,666 45 516 tiexi s:, 80=7 I I f I 8 Support Term: a'2W O" 0 $371.30 $371.30 535273 ?351 rI Wa=7 I 7 5250.00 525000 $237.50 I i 8 ! D! $Qo1 $0.01 $0.01 I i --- $24,538.40 =3,311.48 Produetsl 80 5123,886.57 5117,87334 Seryias Foul • � I I Total; I j $117,673.34 Prl g & Ordering Information ��o,, •,riaw your quote an 1ps • specific pricing and to order the above products, you may call the Ingram Micro Sales . at 1.800ASIL 000 or reply t11Mh ,, , 4i Does a oq °` 61*310 ue 'ads But a 5u,r4 a+P IVaP° 1 ISO �6 °a r ui � lodrsT`y 0j�ta$ 0�gut E'�1 �oo� roxldv \ a�u� n Wa�-sc st Psi' sa\ d P 1s eU1 weS A\ 101i0 os uFuaan�U�oUO f,ll00aQ9�' .�rss+l of ��` ` 011gOnb\ ,101lUP y �.tlt5afl. gu8q u 1n0�• gylai PlEPuelg s olot `ueaf laAP` wjm), paw boy �nc1. 10 1 u pd lnot. 01e \eu1 s`�,kV y04�' .... r"'� ; 10Sri FU3 VJO uo P9 ' lam^° !cam Ilia p� l6gn + �, sse�PP's 1y01 "Sri PUS s ela soop� s�� of Ock OOU mo 10sn P'S ' q�t1�u j0o�ltl., e6;:oua as�old C O M P U T I H G SC//\LE Stale Computing 525 5 Meridian St Indianapolis, IN 46225 USA Phone: (977) 722-5359 Email: sales@scalecomputing.com Quotation Quote N: Q-38131-1 Cate: 6/24/2022 2:48 PM Expires On: 7/24/2022 End user Registered Partner: City of Sebastian Scale Computing 1225 Main Street Distributor: Sebastian, FL 32958 Promark Technology - Ingram Micro US Scale Computing Representative Phone Email Danielle Gray dgray@scalecomputing.com PART # PRODUCT START END QTY MSRP/UNIT PRICEJUNIT TOTAL PRICE $8,201.00 $8,201,00 $24,603.00 $999.00 $999.00 $999.00 Exempt per F.S.282.318(4)(5)(6) $3,440.92 $3,440.92 $10,322.76 $400.00 $400.00 $6,000,00 - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 _ $0.00 $0.00 $0.00 Page 1 of 3 28 of 123 PART# PRODUCT Exempt per F.S.282.318(4)(5)(6) I DR - 5 Years PART # PRODUCT Exempt per F.S.282.3 18(4)(5)(6) START END OTY MSRP/UNIT PRICE(UNIT TOTAL PRICE $0.00 $0.00 $0.00 $16,491.00 $16,491.00 $49,473.00 51,500.00 $1,500.00 $1,500.00 $1,230.15 $1,230.15 $1,230.15 51,200.00 $1.200.00 $1,200.00 $2.000,00 $2,000.00 $2,000,00 $2,000.00 $2,000.00 $2,000,00 $0.00 $0.00 $0,00 mager 15 Years Total Price: $99,327.91 START END OTY MSRPIUNIT PRICEMNIT TOTAL PRICE $7,426.00 $7,426.00 $7,426.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 --- - — ,16,491.00 $16,491.00 $16.491.00 $371.30 $371.30 $371.30 —_-$250.00 $250.00 $250 Page 2 of 3 .00 $0.00 $0.00 $0.00 DR - 5 Years Total Price: $24,538.30 Customer Total: USD 123,866.21 29 of 123 Order Lead Time Notice Although our standard lead time on build -to -order systems is 4 weeks, please be aware that lead times may be extended due to Industry -wide shortages on components into the foreseeable future. Once an order is placed, the standard anticipated ship date (4 weeks) will be Issued. Further communication regarding order timeframes will be issued and ASD adjusted from that point forward, if necessary. Order status can be tracked both through e-mail notifications. and by accessing order details in the partner and customer portals. Terms & Conditions Order: End User shall submit written/electronic purchase orders (as specified by SCALE) to approved Reseller or Distributor for SCALE Products. SCALE will ship SCALE Products to the address specified on the purchase order. All SCALE Products shall be shipped F.Q.B. Origin (SCALE's shipping point). End User shall be responsible for shipping costs, shipping Insurance costs, shipping taxes and shipping surcharges, If applicable. $40 per 1 U node / $150 per 2U node will be invoiced for ground shipping in the US. Contact your SCALE Sales Manager for International shipping rates. Price: End User's price for each unit will be determined based on SCALE's list price at the time of order. End User is responsible for paying any and all applicable sales and/or use tax to their appropriate revenue agency unless taxes are billed directly by SCALE. Title: Tdle to hardware will pass to End User upon shipment of the SCALE Products in accordance with order terms above. Returns: All orders are considered final. No returns of sold SCALE Products will be accepted. Discounts offered by Scale Computing are one-time discounts, based on products and services offered in this quote. Discounts are only valid until the expiration date on this quote and will not be carried forward for future orders. Signature: Name (Print): Please sign and email to po@scalecomputing.com. Effective Date: Tftle: THANK YOU FOR YOUR BUSINESS! Page 3 of 3 30of123 SC/ALE C D M P U T r H G Scale Computing Meets the Needs of Municipal Institutions Municipal institutions like governments, government agencies, and other publice ntities ate adopting hypercon verged infrastructure (HCl) at a rapidly increasing rate to reduce IT costs. Infrastructure, including servers, storage, virtuaiization, and disaster recovery can be complex using traditional methods. scale Computing is often the HCI solution of choice to replace traditional solutions because it meets the needs of these public sector organizations with greater ease and at the lowest cost. simplicity Eliminating multiple vendors from virtualization infrastruc- ture makes HC3 far easier to deploy and manage. owner- ship of the entire stack of storage, servers, and hypep4isor allows for high levels of automation to eliminate historically tedious management tasks. I I administrators will spend less time managing infrastructure and have more Lime for projects that will move your organization forward. • Deploys in less than an hour • Create new VMs in minutes • Single'pane, web based management • Automated storage management • No -downtime system hardware and software updates • Single vendor support experience High Availability in today's always -on world, IT systems can afford almost no downtime HC3 was designed from the ground up to be highly available. Even if a hardware component fails, or an entire HC3 appliance, an HC3 cluster can keep your systems running with little or no downtime. • Redundant critical hardware components • Automatic failover of VMs from a failed appliance • Automatic data restriping for failed disks • Created VMs are automatically highly available • intelligent self -healing automation • Replicate and failover to remote systems "These servers are amazing! Production, backup, and DR in one! We currently have 3 clusters and they all back rap to one another. No additional hardware/software required; it's natively built in. Recovering; a File from a backup is so simple and quick it puts other systems to shame. I can recover a file in about 2 minutes. I can create a full functioning Clone of a VM faster than it takes for you to read this review." Gartner Peer Insights, government CIO 31 of 123 Scalability When you serve the public in today's 24///365 world, IT demands keep growing. Traditionally, infrastructure scale -out has been so challenging that organizations, instead, plan and buy infrastructure to arcommo date growth up to Live years in advance With HC3 infrastructure, you can buy only what you need and then scale -out seamlessly when you need it. • Scale out without downtime • Seamless scale out with automated storage configuration • Mix and match hardware appliances - Scale -nut for higher VM performance Support wherever You Need it The City of St. Cloud, Minnesota, Looks to the Future Confidently with HC3 As they begatr work on a threF-year project launching a new ERP solution that handics core finance, HR, payroll, utility billing and community develop- ment applications, IT staff decided that rather than purchasing another SAN with another set of hosts to manage, it would pilot a project with scale computing. Get the whole story I In the small and midniarket sectors and at the edge, IT administrators need a partner in the datacenter, at the office, and at every branch, ~tore, and satellite location chink of our ScaleCare Support and 11rofessional Services teams as an extension of you- HC3 system, providing eswrmal service arid support wherever you need it. "in the VMware environment why the HC3 Platform? HC3 requires less time and expertise to deploy, manage, maintain, and scale out when needed. No other infrast-ucture solution is easier to rise, and that translates into big cost savings Scale Computing HC3' software eliminates the need for traditional IT silos of virtuahzation software, disaster recovery software, servers, and shared storage, replacing these with a fully integrated, highly available platform for running applications. using patented Hyper Core- technology, the HC3 self -healing platform automatically identifies, mitigates, and corrects problems in the infrastructure in real time, enabling applications to achieve maximum uptirtre even when local I I resources and staff are scarce. Additional industry Reviews IRTrustRadius we have to upgrade constantly. Every time they come out with patches, then we have to run updates on all the servers, which at times actually brings them offline requiring restarts when you upgrade the tools. Scale Computing saves us a tremendous amount of time." - Andrew Neussendorfer,IT Programmer and Technician, City of St. cloud TechlValidate by SurveyMonkey 32 of 123 INTEGRATED I.T. INFRASTRUCTURE FOR MODERN VIRTUALIZATION & EDGE COMPUTING SG/PLATFORM 10 SC/ALE C O M P U 1 I H G SCALE COMPUTING HCl Solutions From The Data Center To The Edge Since 2012 BUILDING THE FUTURE customers 15,000+ 91 24 in 30+ systems NPS Patertq Coun krto R&E San HELPING CUSTOMERS IN EVERY INDUSTRY ` V' 1 LAS VEGAS GB _.I ,it;, �,n ESTABLISHING TECHNOLOGY ALLIANCES • . i -n-t e 1) j j Parallels IVEC Acronis �t LEOSTREAM Q anapolis RUNNING APPLICATIONS WHERE YOU NEED Sales offices in Amsterdam, London, Toronto Maximize Improve operational Reduce overall uptime beyond efficiency costs 990/0 500/0 70% ffHYPERCONVERGENCE What is it? Hyperconvergence or Hyperconverged Infrastructure (HCO: Noun -The integration of the compute, storage, and virtualization layers of infrastructure into a single solution architecture. INA %low NEW SCIA LE 35 of 123 ffSC//HYPERCORE Product overview Simplicity • unified management • Pre -configured storage SERVERS • Deploy in < 1 hour STORAGE IKVOIRTUALIZATION Availability • Self -healing • Backup/replication • DRaaS scalability • From single node • Seamless scale -out • Mix -and -match nodes ■� Affordability 0' • Complete stack • Simple software licensing • Low price, lower costs SC k LE O Al • J T t� C 36 of 123 SCALE COMPUTING HYPERCORE Move Beyond Traditional IT silos Scale Computing HyperCore is the foundation for deploying, running, managing, and monitoring applications at the edge. From initial deployment and routine system maintenance to capacity expansion and hardware replacement, administrative tasks are easily automated and remotely executed. 5C//HyperCore makes everything look easy --and it is. • Single, unified, and redundant system • All -in -one architecture makes it easy to deploy fully integrated, highly available virtualization right out of the box • Operates as a redundant and elastic private "cloud" • Scales seamlessly with automatic incorporation of additional nodes • Handles hardware failures gracefully with minimal effort or disruption SC// HYPERCORE QD SC/ALE 37of123 ff SC//FLEET MANAGER SC//Pleet Manager makes monitoring the health of your entire infrastructure deployment easier than ever. • Centralized management for all depioymencs • Drill down from Full fleet to individual VMs • Proactive alerting, highlighting areas that need attention • Single Sign -on (Microsoft & Google supported) Firmware upgrade management Monitor individual hardware devices and health within a cluster • Monitor VM status, Disk Usage and CPU utilization from the Fleet Management interface • one -click access to SC//HyperCore SCIALE 0 38 of 123 SC//HYPERCORE UI HyperCore UI allows both storage and compute resource management and virtual machine management from a single pane of glass. • Manage individual sites and their virtual machines locally without the need for internet connectivity • Monitor resource statistics in real time, both per VM and cluster -wide Displays include: o Heads Up Display (HUD) o system Display Panel o Virtual Machine Management Panel o Control Center Panel o storage Details o Virtual Machine Console Access SCALE 39 of 123 SC//HYP'ERCORE Rest API Cloud-init SC//HyperCore includes cloud-init customization via REST -APIs to enable infrastructure -as -code so developers and administrators can automate otherwise very manual processes. scripted with REST -API (Powershell, Python, etc.) VM VM • Mass provision customized VMS "cloudIN1tData": ( - Data": "string" 0 VM VM • Save time automating manual steps in site and "user Data": ) application setup • SetHostname Q— • Reduce human error from manual setup • set up users a VM VM and Groups --G�: • Ensure deployment consistency across sites • Set Up sSH Q— • Ena ble consistent change control d liable • provision Networking g anmore re • updates through standardization Run 5cri p[s to Install apps/packages (Kubernetes, Docker, Containers) r SCALE £ O M- U T I M 6 40 of 123 5C//HYPE RCORE FEATURE VM-Level Snapshots • Near Instant VM-level snaps Snapshols x • Space efficient - Tracks blocks unique to snap • Non Disruptive to VM _ -At time of snapshot - Ongoing Performance • Thousands of snapshots per VM • Simply "clone" snapshot and start VM VM Snapsho, x • Remove snapshots without lengthy delete / replay / 10 overhead SC/ALEOT SC//HYPERCORE FEATURE snapshot Scheduling • Flexible snapshot scheduling -Granular-. minutely to monthly -Combine multiple rules in a schedule - Reuse schedule on multiple VMs • Replication scheduling Snapshot schedules define cluster -to -cluster replication As often as every 5 minutues Recurrence Rule AT Keep Fcr f Oc AM i7ay(sa V SCi \LE C -p M P Y f i M G SC//HYPERCORE FEATURE Hyper ore Thin Cloning • Clone VMs in seconds VM can be running or powered off AD Snapshots can also be cloned AD ��«, ICU bootable - Space efficient "thin" clone -Tracks blocks unique to clone 0 a CORES a.oa GiB iaa Ge - original VM can be deleted or changed (not linked) CPI RAM DISK • Create template VMs z. 1-37 Install each windows O5 one time, patch, customize,vl. install tools, sysprep Common OS blocks only stored once "un-duped" CloneVM4 x • Clone for test/dev -Clone vM and boot in isolated "lab" network, apply and testchanges SC/ALEcr SC//HYPERCORE FEATURE Continuous VM-Level Replication Automated snapshots local snaps) and manual snapshots are Reowawnse'uq x replicated (remote snaps) r • space efficient • Tracks all changes • only replicates changed blocks • Creates snapshot -based backups C SCdsi L E C O M P U C SC/JHYPERCORE FEATURE Local Full VM Recovery Full VM recovery Protects against malware, ransomware, user error, etc. Activate a VM by cloning from the history of snapshots at a known good point • instantly bootable ` Dw•'0 4MII.I�IIR ` �rw..�'44i Qj SCALE 45 of 123 SC//HYPERCORE FEATURE Remote Full VM Recovery Full VM recovery at remote site • Protects against full site failure and/or inaccessibility • Clone critical VMs to run at secondary site Unique blocks are tracked at secondary site - Efficient change -only recovery back to primary 31 SC/ALE y' Cf THANK YOU Tom Roeder // troeder@scalecomputing.eom Scale cornputing // www.scalecomputing-com // 877.722.5359 525 S. Meridian 5t. - Suite 3E, Indianapolis, IN 46225 'Q 1D2022 Copyright information. All rights reserved. V ti tv w my LIF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 13, 2022 Aqenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Hinzman Birthday Party at the Yacht Club. Background: Danielle Hinzman is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, August 6th, 2022 from 6:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 25 people If Agenda Item Reauires 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: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Mana er Authorization Date �r, 48 of 123 01) ail STAY HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 3BM249 For emergency purposes ONLY, please dial 772.473.0454 Date:07/05/2022 ❑ Community Center I Yacht Club Danielle Hinzman Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 8156 104th Ave. Physical Address Mailing Address (if different) Vero Beach FL 32967 772-633-0549 Dalbertson03@gmail.com City Birthday Party State Reason for Rental — Type of Function 25 Zip Phone E-Mail Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) 08/06/22 6:00pm - 10:00pm Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? No 2) Will there be an admission charge or door charge? No 3) Will alcoholic beverages be served? YES If yes, please provide govt. issued ID proof of age 03/26/1985 �� Date of Birth Verified by Danielle Hinzman , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, 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 $250.00 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. G+ Signature of Applicant 49 of 123 I,. CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name DWI t eLLC 01 k7 /nd ap Cash Date -7 / 4P1W 2Z O Check # 1%Etch t CI l-6 Gam` JR/1.170ZZt r.00 + Io� �Gredit d F:�4�:, Amount Paid 0010012080o1sales Tax 7,7 2,5'a�00 /SO,,Oo 2461 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 vago- Con 2_o'22 f3 -P. f-v e n ::6e 6 1, " , b zozz, 1 '7 ' 1/312! w( l-( 64- rn ,t217.oz2-. �L Total Paid 1,9?� Initials White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 50 of 123 i7ft L`� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 13, 2022 Agenda Item Title: Public Hearing and Second Reading of Ordinances 0-22-09 (Veterans Advisory Board), 0-22-10 (General Board), 0-22-11 (Code Enforcement/Special Magistrate), and 0-22-12 (Construction Board). Recommendation: Hold a public hearing and adopt Ordinances 0-22-09 (Veterans Advisory Board), 0-22-10 (General Board), 0-22-11 (Code Enforcement/Special Magistrate), and 0-22-12 (Construction Board). Background: The City Attorney and City Clerk were directed by the City Council to review the established boards and committees procedures and provide relevant and pertinent updates to the city codes, where applicable. On June 22, 2022, City Council approved at First Reading the revised ordinances and set it for a public hearing on July 13, 2022. Attachments: Ordinance No.: 0-22-09 — Veterans Advisory Board Ordinance No.: 0-22-10 — General Board Ordinance No.: 0-22-11 —Code Enforcement/Special Magistrate Ordinance No.: 0-22-12 — Construction Board Administrative Services Department City Attorney Review: City Clerk Review: City Manager Authorization Date: 51 of 123 ORDINANCE NO.O-22-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS, COMMITTEES, DIVISION 7 - VETERANS ADVISORY BOARD; AMENDING SECTION 2-253 - REPEALED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, the City Council of the City of Sebastian created a Veterans Advisory Board in 2012 to advise City Council with respect to matters relating to or affecting veterans; and WHEREAS, the Veteran Advisory Board was to be repealed on March 1, 2020, unless a succeeding ordinance was adopted to provide for further extension. The succeeding ordinance was never adopted, so the Board has been effectively repealed; and WHEREAS, the American Legion Post 189 and Veterans of Foreign Wars Post 10210 are instrumental in the planning and organization of the annual Veterans celebrations, to include Four Chaplain's Memorial Event, Memorial Day, Veteran's Day, and Pearl Harbor Remembrance Ceremony. The Veteran Advisory Board has determined its desire to continue their efforts in planning these meaningful veterans' events honoring our armed forces; and WHEREAS, the City Council of the City of Sebastian has determined that the Veteran Advisory Board should continue their efforts in planning these meaningful veterans' events honoring our armed forces. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. CODE OF ORDINANCE. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article 2, Division 7 — Veterans Advisory Board 52 of 123 Sec.2-253. REPEALED. Mar -eh 1, > time, providing for- 'ems —This Ordinance shall stand revealed five (5) vears from its effective date. unless. vrior to that time. the Citv Council adovts an extension by ordinance. Section 2. CONFLICT. All ordinances or parts of ordinances that govern citizen boards shall apply to the Veterans Advisory Board except that the specific provisions of this Ordinance shall prevail in case of conflict. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this Ordinance 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 public hearing, by filing a corrected or re -codified copy of the same with the City Clerk. Section 5. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that provisions of this ordinance shall become and be made part of the City of Sebastian's Code of Ordinances, and that the sections of this Ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by the City Council and signature of the Mayor. The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn 2 53 of 123 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. CITY OF SEBASTIAN, FLORIDA Jim Hill, Mayor ATTEST: Approved as to form and legality for Jeanette Williams, City Clerk reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 3 54 of 123 ORDINANCE NO.O-22-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-166 - DEFINITIONS; AMENDING SECTION 2-167 — APPOINTMENTS; AMENDING SECTION 2-170 - QUALIFICATIONS; AMENDING SECTION 2-1.72 — REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, The City Council of the City of desires to consolidate and update procedures for board, commission and committee meetings in the Code of Ordinances: and WHEREAS, The City of Sebastian has detennined that it is in the city's best interest to defined certain parameters to ensure a fluent appointment process to the City of Sebastian's advisory and policy making boards and committees to include a definition of resident, procedural matters and attendance requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 1— Generally Section 2-166. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: "Board" shall mean any permanent board or committee of the city, which is established by ordinance as a permanent board or committee of the city. 1 55 of 123 "Committee" shall mean any temporary committee or commission of the city, which is established by resolution to complete a specific task or study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion of its assignment or on a date certain as provided by the resolution creating the committee or commission. "Resident" shall mean citizens that permanently reside in Citv of Sebastian. consider Citv of Sebastian its home of record and have been living in the citv for at least one (1) full vear prior to application. Neither "board" nor "committee" shall be construed to include the city council. Sec. 2-167. Appointments. The city council shall make all appointments and reappointments to the boards and committees of the city. i th 1 „,vFi-,tia by the a ty Gouneil a a publie meeting. Fell -g f/.ak z: z The City Council shall fill the vacancy from the list of applicants provided by the Citv Clerk. Citv Council may choose to interview the applicants at a public meetinia. All boards and committees shall have at least one alternate member, with a maximum of two alternate members. No person shall serve on more than one city board or permanent committee simultaneously. Sec. 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of anv written memorandum of conflict or Form 8B ems —previously filed by such individual pursuant to Chapter F.S.112, relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be a residents of the eCity of Sebastian; however- it shall be r-equifed that any fnember of !' , lzremi g and Zo he e boo resident of the eitin accordance with the definition in Sec. 2-166. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. 2 56 of 123 Section 2-172. Removal. Any member of a board or committee of the city may be removed from office by the City Council without cause by a vote approved by at least four (4) members of the entire membership of the City Council. Any member of a board or committee of the city may be removed for cause from office for the violation of any provision of State law governing the conduct of elected or appointed officials; conviction in any court for a violation of law involving moral turpitude; misfeasance; nonfeasance or malfeasance in the performance of official duties; or abandonment of office by a majority vote of the members of the City Council present at the meeting where said removal is being considered. Upon the direction of a majority of the City Council, a notice of removal shall be served upon the member sought to be removed, which shall specify the grounds for removal. The notice of removal shall be delivered by personal delivery, email or by ordinary first class mail to the member at the address provided by the records of the City Clerk. Service shall be accomplished as soon as is practicable after the City Council directs service of the notice of removal. Except as provided in Section 2-173 below, the notice shall include a statement that the member has the right to request a hearing before the City Council and that the request for a hearing must be received by the City Clerk on or before a date to be specified in the notice which shall be seven (7) days from the date of service if the notice is personally served, or ten days from the date of mailing if the notice is served by mail. Sec. 2-173. Attendance Requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business-Feasen&, or personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board eF Ito City Council that a member has not complied with the attendance requirement, the eity council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2-172. Alternate members shall be reauired to attend all meetings to ensure a quorum is met and be DreDared to vote if a regular member is absent. If an alternate cannot make a meeting, thev shall notify the staff liaison Drior to the meeting. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be 57 of 123 renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed except when the conflict exists to comply with Florida law. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance 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 public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by the City Council and signature of the Mayor. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Christopher Nunn Council Member Ed Dodd Council Member Bob McPartlan and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted on this day of 2022. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA LIM Jim Hill, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 4 58 of 123 ORDINANCE NO.O-22-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 2 — ADMINISTRATION, ARTICLE VI — BOARDS COMMISSIONS COMMITTEES, DIVISION 2 - CODE OF ORDINANCES; ADOPTING SECTION 2-178 — SPECIAL MAGISTRATE — ADDITIONAL JURISDICTION, PERTAINING TO LIEN REDUCTION AND APPEAL; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, the city has designated a Special Magistrate process to perform the functions of the Code Enforcement Board; and WHEREAS, the Special Magistrate has been granted the authority to impose administrative fines and other noncriminal penalties to promote, protect, and improve the health, safety, moral s and welfare of the city; and WHEREAS, the Special Magistrate provides an equitable, expeditious, and effective method of enforcing the City's Codes where a pending, or repeated violation exists or continues to exist, while assessing fines, costs and liens against property owners within the City of Sebastian that in noncompliance with the codes; and WHEREAS, Florida Statutes Section 162.09 (3) provides, in part, that "[a] lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien pursuant to this section."; and WHEREAS, Florida Statutes Section 162.09 (2) (c) provides, in part that "[an] enforcement board may reduce a fine imposed pursuant to this section." And WHEREAS, Florida Statutes Section 162.03 (2) provides, in part that "[a] special magistrate shall have the same status as an enforcement board under this chapter."; and WHEREAS, there are over 170 liens currently recorded by the City of Sebastian in the 1 59 of 123 Indian River County Clerk's Office dating from 2007 to 2021. WHEREAS, the City of Sebastian currently has no set policy or procedure to deternline any reduction or forgiveness of code enforcement liens. WHEREAS, the City of Sebastian has determined that it is in the city's best interest to delegate requests for lien reduction to the Special Magistrate before whom a property owner can present any and all evidence and extenuating circumstances in support of the request in a single proceeding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. CODE OF ORDINANCE. The Code of Ordinances, City of Sebastian, Florida is hereby adopted as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 2 — Code Enforcement Sec. 2-178. SPECIAL MAGISTRATE — ADDITIONAL JURISDICTION. 1. Lien Reduction. The Special Magistrate is authorized to reduce liens whether issued by the City's Special Magistrate or previously by the Code Enforcement Board. A lien reduction reauest shall not be used for the purpose of rehearing the code case or as an appeal of the original order imposing the lien. The policies and procedures for making a lien reduction reauest are as follow: a. Application. A signed application for lien reduction from any order imposing a lien by a special magistrate or previously by the Code Enforcement Board must be filed with the Code Enforcement Department. Fine reduction by this section is strictly discretionary by the City Council or Special Magistrate. The application shall include a waiver of the right, if anv, to seek judicial review of any decision whether to reduce the Gen or not and if so, by how much. b. The application must include: i. Name, address and signature of the applicant. ii. If represented by an attorney, the name and address of the attorney must also be included and the attorney must either file a Notice of Appearance with the application. iii. Address, parcel number, or brief legal description of the property where the violation(s) occurred. iv. Address, parcel number, or brief legal description of all real property owned by the applicant located in the State of Florida 60 of 123 v. A $250.00 non-refundable fee to offset the administrative costs associated with the lien reduction. vi. Hard costs. including. not limited to. lot clearing expense, moving expenses, board uv expenses, demolition expenses, and any legal, prosecution and administrative costs incurred as a result of a code enforcement case or action (collectively. "Hard Costs") are not eligible for a lien reduction and must be paid in full prior to any Release or Satisfaction of Lien(s). vii. Brief explanation of the reduction sought, along with any supporting documentation and evidence. viii. If the reduction reauest is based upon the actual cost of repairs to the propertv to correct the violations(s). written documentation to support repair costs, including, but not limited to, city issued vermits(s), photographs. video, and descriptions of work performed on the property. ix. If the reduction reauest is based upon financial hardship, a financial affidavit must be filed with the city. notarized with any supporting documents. x. If the lien amount exceeds the eauitv in the subiect vropertv, written documentation to support this contention. Such information should include a current appraisal or the latest valuation by the Indian River County Property Appraiser. c. Initial Consideration. No application shall be accepted or processed unless the following eligibility reauirement are met: i. A notice of compliance has been received for the subiect vrovertv and there are no other outstanding violations. Further, all properties within the city that are owned or managed by the applicant have no outstanding violations. ii. Other than the subiect lien, the propertv owner does not have any past due monies owed to the city. iii. The subiect property is not part of any pending foreclosure or sale proceedings. iv. All compliance costs incurred by the city, including administrative, inspection, hearing, and abatement costs (Hard Costs) must be paid in full. v. There is a non-refundable $250.00 application fee that must be paid uo front with the application. d. Hearing. The application will be set for the next available hearing date after all eligibility requirements are met, and the application is deemed complete. The city shall notifv the applicant or their attorney by U.S. Certified Mail and/or email, if available, not less than seven (7) days prior to the scheduled hearing. 3 61 of 123 e. Burden of Proof. The applicant for a lien reduction must present clear and convincing evidence, which is determined by the Special Magistrate; otherwise, it shall be denied. f. Determination. The Special Magistrate shall, after conducting a Ouasi-Judicial Public Hearing, enter a Final Order granting or denying the requested relief for up to twentv-five percent (25%) of the lien amount or less. The Applicant will be afforded Due Process with proper notice, an opportunity to be heard, through him/her or by an attorney, present evidence and provide witnesses (including cross-examination). The Special Magistrate shall consider all relevant factors to determine what relief, if any, is appropriate including, but not limited to: i. The nature and gravity of the violation(s); ii. Any action taken by the owner to cure the violation(s); iii. The length of time between the ordered compliance date and the date the violation(s) was cured; iv. Any actual costs expended by the owner to cure the violation(s) as provided by supporting documentation, including payment of city licensing or permit fees; v. Any other prior to current violation(s) committed by the owner on the subiect property or upon any other property owned by the owner within the city; vi. Repeat violation(s) committed by the same owner regardless of whether it is on the same property; vii. Cost incurred by the city to abate the violation(s) and prosecute the case, including administrative and overhead expenditures (hard costs). g. Transfer of Ownership. Transfer of ownership after recordation of the city's lien shall not be considered as a factor in the lien reduction, nor shall a lapse of time before seeking enforcement be considered. h. Administrative Costs. The Special Magistrate shall not have the authority to reduce administrative costs, including but not limited to, inspection costs, postage fees. recording fees, advertising costs, hard cost or any cost of enforcement or abatement, incurred by the city. i. Pavment. Any reduction granted, up to twenty-five percent (25%) or less shall be paid within thirty (30) days of the Order unless timelv appealed. If timelv appealed to council, then within thirty (30) days of the City Council's final decision. Each Order shall include language that failure to remit Pavment to the citv by the date ordered shall cancel the lien reduction settlement and cause the original lien amount to remain. No lien shall be released until payment in full is received by the city. J. Decision. If relief is denied based upon the merits of the claim, such denial shall be Final and with vreiudice. If denied, the matter will not be appealed to the Citv Council. The reduction amount, if any. shall be paid within thirty (30) days of the Order unless timelv appealed. If appealed, within thirty (30) days of the City Council's final decision. 2 62 of 123 2. ADDeal a. A denial based upon the merits of the case by the Special Magistrate is with ureiudice. final and not apDealable to the Citv Council. b. The Special Magistrate's decision to reduce a Lien uD to 25% or less must be annealed to the Citv Council through Citv Manager within 10 days of the Order. c. Anvthing above 25% Lien Reduction requires Citv Council approval and will be set at the earliest possible Council Meeting. d. Only the percentage amount of the reduction is appealable to Citv Council. not the merits of the case. In other words. this is not a "de novo" review of the case. After considering the matter. Citv Council will make one of the following determinations: i. The anneal is denied: or ii. The appeal is granted. if so. the new Dercentaae amount of reduction. e. The Citv Council's decision is strictly discretionarv: therefore. it is final. binding and not subiect to iudicial review. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance 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 public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by the City Council and signature of the Mayor. 5 63 of 123 The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Christopher Nunn Council Member Ed Dodd Council Member Bob McPartlan and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted on this 2022. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Jim Hill, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney day of 64 of 123 ORDINANCE NO.O-22-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE OF ORDINANCES, CHAPTER 26 — BUILDINGS AND BUILDING REGULATIONS, ARTICLE II — BUILDING CODES; AMENDING SEC. 26-31 - TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI — CONTRACTORS, DIVISION 2 — CONSTRUCTION BOARD; ADOPTING A NEW SECTION 26-171 — PROHIBITED ACTIVITIES; ADOPTING A NEW SECTION 26-172 — CAUSES FOR DISCIPLINARY ACTION; REPEALING SECTION 26-174 — ENFORCEMENT OF ARTICLE; AMENDING SECTION 26-175 — PENALTIES AND APPEALS; AMENDING SECTION 26-197 — POWERS AND DUTIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, the city has designated a Construction Board process to advise to the City Council concerning the city building and housing codes, their adoption, their amendment, and the revision of the minimum state building codes or any standard published code or technical regulation; and WHEREAS, the Construction Board also reviews the action of contractors that have been issued a certificate of competency by the board or a state certified contractor, who has violated any provision of the City Building Codes; and WHEREAS, in an effort to make more efficient Division 2, Chapter 26 of the city code as it pertains to the building codes and unlicensed contractor activity procedures, staff recommends amending sections pertaining to technical codes, prohibited activities, causes for disciplinary action, penalties, appeals, powers and duties; and WHEREAS, The City of Sebastian has determined that it is in the city's best interest to update and make more efficient the procedures for Buildings and Building Regulations and the Construction Board. 1 65 of 123 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. CODE OF ORDINANCE. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 26 — Buildings and Building Regulations Article II — Building Codes Sec. 26-31. TECHNICAL CODES ADOPTED. (a) The city does hereby adopt as building codes for the city the below -listed editions, copies of which are on file in the office of the building department and which shall be accessible to the public upon request during the normal business hours. Such codes, which shall be referred to as the standard codes, are hereby made a part of the Code of Ordinances of the city subject only to specific additions, deletions or amendments set out in the Code of Ordinances, provided, however, the latest editions set forth in the Florida Statutes, as the same may be amended from time to time, shall apply: (1) Florida Building Code, less and except Chapter 1, Administration; and Chapter 1, Model Administrative Code 2020, Building Officials Association of Florida; (22) NFPA 70: National Electrical Code; (34) Florida Fire Prevention Code; and (45) Unsafe Structures Abatement Code of the City of Sebastian. Section 2. CODE OF ORDINANCE. The Code of Ordinances, City of Sebastian, Florida is hereby further amended as follows: Chapter 26 — Buildings and Building Regulations Article VI — Contractors, Division 1— Construction Board Sec. 26-171. UNLICENSED CONTRACTORS; PROHIBITIONS; PENALTIES AND ENFORCEMENT. (a) It shall be unlawful for anv person to: (1) Falsely hold himself/herself or a business organization out as a licensee, certificate holder, registrant or holder of a certificate of competencv issued 2 66 of 123 by the board: (2) Falsely impersonate a certificate holder or registrant or the holder of a certificate of competencv issued by the board; (3) Present as his/her own the certificate, registration, or certificate of competency of another; (4) Give false or forged evidence to the board or member thereof for the purpose of obtaining a certificate of competencv: (5) Use or attempt to use a certificate, registration or certificate of competencv which has been suspended or revoked; (6) Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being dulv registered, certified or the holder of a certificate of competencv: (7) Operate a business organization engaged in contracting after sixty (60) days following the termination of its only oualifving agent without designating another primary qualifving agent; (8) Commence or perform work for which a building permit is reauired pursuant to this chapter without such building permits being in effect: (9) Willfully or deliberately disregard or violate any city or county ordinance relating to uncertified or unregistered contractor: (10) Act in the capacity of a contractor different from the scope of work for which the contractor is certified to perform: or (11) Fail to secure reauired inspections. (12) Willfully and deliberately obtaining or attempting to obtain a permit for an entity unregistered or unlicensed. (b) The building official, assistant building official, building inspectors and licensing investigators of the city building department are hereby designated, authorized and charged with enforcement responsibilities to enforce the provisions of F.S. &6 489.127(1) and 489.1320) and Chanter 26 of this Code against persons who engage in activities for which a city certificate of competency is required. (1) The enforcement authorities designated herein may issue a citation, as provided herein, for any violation of F.S. H 489.127(1) and 489.1320) and Chapter 26 of this Code, whenever. based upon personal investigation, the enforcement officer has reasonable and probable grounds to believe that such a violation has occurred. (2) The citation issued by an enforcement officer pursuant to this section shall be in the form prescribed by the city council, which form shall state: a. The time and date of issuance. b. The name and address of the person to whom the citation is issued. C. The time and date of the violation. d. A brief description of the violation and the facts constituting reasonable cause. e. The name of the enforcement officer. f. The procedure for the person to follow in order to vav a civil penalty or to contest the citation. 3 67 of 123 g. The applicable civil penalty if the person elects not to contest the citation. (c) The maximum civil nenalty which may be levied pursuant to anv citation shall not exceed Two thousand dollars ($2.000.00). The monies collected pursuant to this section shall be retained by the citv and shall be set aside in a specific fund to support future enforcement activities against unlicensed contractors. (d) (1) The act for which a citation is issued shall cease upon the receipt of the citation. (2) The person charged with the violation shall pav the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays. request, in writing to the citv's contractor licensing office. an administrative hearing before the citv construction board to appeal the issuance of the citation by the enforcement officer. (3) Failure of the violator to anneal the decision of the enforcement officer within the time period set forth herein shall constitute a waiver of the violator's right of an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation and penalties may be imposed accordingly. (4) Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this section. (5) If the violator has not contested the citation or paid the civil penalty within the time frame allowed on the citation. the construction board shall enter an order that the violator pav the civil penalty set forth on the citation. A hearing shall not be necessary for the issuance of such order. (6) a. If the person charged with the violation has. within the time frame allowed, requested an administrative hearing before the construction board to appeal the issuance of the citation by the enforcement officer. the construction board shall conduct a hearing to determine the validitv of the citation and. if it finds the violation exists, determine the appropriate civil penalty. b. If the person charged with the violation fails to pav the civil penalty as set forth on the citation, the enforcement officer may request a hearing before the construction board and, after notice to the violator, the construction board shall conduct a hearing to determine the validitv of the citation and, if it finds that violation exists, determine the appropriate civil penalty. (7) If the construction board finds that a violation exists the board may order the violator to pav a civil penalty of not less than the amount set forth on the citation but not more than two thousand dollars ($2.000) per day for each violation. In determining the amount of the penalty the construction board shall consider the following factors. a. The gravity of the violation. b. Anv action taken by the violator to correct the violation. C. Any previous violations created by the violator. (8) If the person or its designated representative shows that the citation is invalid or that the violation has been corrected prior to appearing before the construction board. the board may dismiss the citation unless the violation is irreparable or irreversible. (9) A certified copv of an order imposing a civil penalty against an unlicensed contractor may be recorded in the public records and thereafter shall constitute a lien against anv real or personal propertv owned by the violator. Upon petition to the circuit court, such 4 68 of'123 order may be enforced in the same manner as a court iudgment by the sheriffs of this state including a levy against personal Drovertv: however, such order shall not be deemed to be a court iudgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the construction board may authorize the foreclosure on the lien. No lien created pursuant to the Drovisions of this section may be foreclosed on real DroDertv which is a homestead under Section 4. Article X of the State Constitution. (10) An aggrieved Dartv. including the city, may aDDeal a final administrative order of the construction board to the circuit court. Such an aDDeal shall not be a hearing de novo but shall be limited to aDvellate review of the record created before the construction board. An aDDeal shall be filed within thirty (30) days of the execution of the order appealed. (11) All notices reouired by this section shall be Drovided to the alleged violator by certified mail: by hand -delivery: by leaving the notice at the violator's usual Dlace of residence with some Derson of his family above fifteen (15) years of age and informing such Derson of the contents of the notice: by posting the violator's usual place of residence, no fewer than ten (10) days before any hearing: or by including a hearing date within the citation. (12) Any Derson who willfully refuses to sign and accept a citation issued by an enforcement officer commits a misdemeanor of the second degree punishable as Drovided by F.S. 6& 775.082 or 775.083. (13) If the Violator elects to actively Dursue the process of obtaining his or her own certificate of competencv within two months of receiving a citation, the violator will be entitled to a one hundred fifty dollar ($150.00) refund of the paid citation fee upon issuance of the certificate of competencv. (e) Nothing contained herein shall prohibit the city from enforcing its codes or ordinances by any other means. Sec. 26-172 CAUSES FOR DISCIPLINARY ACTION. The following Acts constitute cause for disciplinary action under this article: (1) Obtaining a certificate by fraud or misrepresentation: (2) Committing fraud or deceit in the Dractice of contracting: (3) Committing incompetencv or misconduct in the practice of contracting: and (4) Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or vroverty. (5) Abandoning a construction proiect in which the contractor is engaged or under contract as a contractor. A vroiect may be Dresumed abandoned after ninety (90) days if the contractor terminates the Droiect without iust cause or without Droner notification to the owner, including the reason for termination, or fails to perform work without iust cause for ninety (90) consecutive days. (6) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when: (a) Valid liens have been recorded against the DroDertv of a contractor's 5 69 of 123 customer for supplies or services ordered by the contractor for the customer's iob: the contractor has received funds from the customer to nav for the sunplies or services. and the contractor has not had the liens removed from the property. by navment or by bond. within seventv-five (75) days after the date of such liens: (b) The contractor has abandoned a customer's iob and the percentage of completion is less than the percentage of the total contract price raid to the contractor as of the time of abandonment. unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within thirty (30) days after the date the iob is abandoned: or (c) The contractor's iob has been completed, and it is shown that the customer has had to nav more for the contracted iob than the original contract price, as adiusted for subseauent change orders. unless such increase in cost was the result of circumstances caused by the customer. or was otherwise permitted by the terms of the contract between the contractor and the customer. (7) Substantial departure from. or disregard. of. nlans or specifications without consent the owner or his duly authorized representative: (8) Knowingly or deliberately disregarding or violating any applicable building codes or laws of the state. county or the city: (9) Willfully and deliberately engaging in a tvne or class of contracting for which the contractor is not licensed or registered: (10) Being disciplined by any other municipality or county: (11) Failing to actively supervise construction nroiects for which the contractor has applied for and obtained a building permit: or for proiects for which the contractor is. by contract. responsible: (12) Contracting with persons or firms not having a certificate of comnetencv issued by the city for work or services to be performed within the city when said persons or firms are reauired by this chapter to possess such a certificate of comnetencv in order to perform the contracted work or services. and (13) Proceeding on any iob without obtaining the annlicable building department permits and inspections. (14) Being convicted or found guilty. regardless of adiudication. of a crime in any iurisdiction which directly relates to the practice of contracting or the ability to practice contracting. (15) Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with intent to evade the provisions of this code. When a certificate holder or registrant allows his certificate or registration to be used by one (1) or more business organizations without having any active participation in the operations, management. or control of such business organizations. such act constitutes prima facie evidence of intent to evade the provisions of this Code. (16) Failure in any material respect to timelv comply with an Order issued by the Board. LI 70 of 123 (a) it is unlerwful fer- any pefsen to engage in the business ef art in the eapaeily of a eelitFa witheut being -a--stme certified eontiaetef helding-a state eert'ivact e-in of being in I&wm pesse'ss m Gf a G . (b) it is unlawful for- any per -son whe possesses a euffea4 eeftifieate ef eempeteney issued by utilize th- f another pe ig in the business or acting in the capasity of a eentfaetef where ,al, ether pefsemn aeon et l,el.l a Mate eeftifiea Y. or a seftifieate of eempeteney for- engaging in the type ef een4faefing business that sueh other- per -son operates i the-eer-perate 1:.,..:ts of the eity. This ehibitien shall be enfefeeable even if the .,l:eefisea w«., Mastto «ef f m the e f a ccrt~aater ;n the atherote limits of the e:t,. f ,. the pefse helding a unto eert:faet;_-Ir 3r a 'ert:fieete of authority issued by the l.eera «t to this ttt ti el e. (e) it is unlawful ea to possess, but not pessesvin/g, a zwpz--m dent -to adveftise t in a newspaper-,magazine,handbill, ) trmsmission of telephone , or Ivj 1s adye..tisin medium, that he ; a „teeter of is qualified to eat in business as a «Meeter eef4ifiemien issued by the depaftmePA-. P„ «t to this art:ele of a state aert;fieat;e., issued by the ae«art«,e«t �.a1 t3 irlliIdAhiS latea) displayed, dist tea ef marketed witdiin tierei�W-hie7 advertisement identifies a nt«.,ete.- ef entity effe e em,lnte Ivy � c. �I]v J a M G11, T" 07Qn j CiJ amended fiefn time te time, ef by this affirale, unless the a t rl�dll eempeteeey-rimer cc �tlro c� c haPsti.`l . m Yv"'nt«n ie number issued to that „ntraoef. Nothing in this seet 6b &.aR Le eenstraed that the publisher- et publish any 3 i/xflmat to tMs art:ele The following A eta a nst;t„te a e for- dise:«l:.,er,. eet:e« , n er this ert:ele. !1 \ Fraudulent, l f er eerete disregard of e.,t;e., .�&.� pp willful alibdid l- ,.�rrli (2)ztidirb 9f abetting e per -son„ he :i rit a state eert;rsea „treater or a a possesses a eertifieate of eempeteney issued by the board pufsuant to this aftiele to evade any ��rla Utilizing or .,Meeting with an , «liee„ ea a «treater of „bee.,Maeter is 61'i6 c. mdh &r. Aet-. •m.ppeiri:g v.,i&. sr. a he 71 of 123 A . . -; of this affiele. When a per -son holding a eei4ifieate of eempeteney issued by the beafd pufsuant to tMs artiele ef: a state eeftifieation allows his eeffifieate or- state eeffifiealien to be used by one—er- more a ixpmiicT�iiti ,,vsiiiicv1F2g any active paFfieipation ir. tt' , management or :f sueh eempanies, intent to evade the pr-wAsions of this affirale. pufsea«,t to this ai4ioleer- anystate ee«t:fieet:e : �xu the eeftifieate holder as set fefth en the issued eeFtifieate of eempeteney er- the state eei4ifieat C t 7& a ft;,.le a pufseant to 1 c rt, 489, ., .,a.� frG: itime to time, . : Dive e«ne„ retie,. eF f,..an pelt-y « the a ..tetie., of n n e;fiea �� ter. e e.ea for- t the f raentFarater- is er- will be unable to fill the terms of Ms obligation or- GentFa (f) r,,il-., iY. may. .-.e,inl enpeet tee ply with the provisions of this aFtiele (7) Fail„«e to «, „ta;., ;3evefage et by the be.,«a �j � (8) Failure to «. ;ae ., of of , e«t.e«'n e e .,t:e.., instifffiee to the building a ffie fil or tiz (m F ln;fient;e., of n„„lie„t:e„ e« testimony given before the board `!J 1 K1J11iVUTiV . give,without notification to the pr-espeetive owner- er- etiffent evmef for- at least 30 days without jUS4 401)614nger-effefin to ) any eity employee, eeuneil ) be with intent to influefle t. employeeer- board ember- in the a;nehargc c£ his duties under- the pr-e"isiefis of *l„n aftieie. (12) Attempting « tt,« me n to eeer-eeor- eeer-eing tiffeugh ph of net �. &.m ge-te the -serge , A.nl r.-mmber-,- beard --ice 1ea er. tcr,-faffii4y member- er- pr-epefty of any beaFd member- or- eity employee, with intent to influenee seeh bea member-er- employee i the a;nehar-ge of his "ties , ..ae« the „«e..;n;e,.n efts,;., aft:.te r1 21 The S c�f a petition the making of f f AJeor-t of aappointment east„ the of e f n e . Y �V . entity whieh is queAified to engage in the business of a rentfaeter- by the helder- of a e"fieate of L: G s cty-ee—Aileirtien is`"1ea by the ae.....t..,e..t. D,.e.ed, ) however, rfach zet shall only empower- the board to take sueh aetien as allowable tmder- laws of the state er- the United States of Amer-iea; er- to the extent ether -wise allowable pursuant-� this aftiele, r1 n) Fail, ate .,l et to timely ...1y with the ea by te ue «a 11Tl 1 ua e e 72 of 123 investigater- is authorized te issue eitatiens for- a" .ielafiea imder- d"is artiele when, based Upe l7az reasonable vielatien under- any pr--e-visie-n- A— f this aAiele has eeeufr-ed. Investigater-s shall not have the power- e Uk-al arms: 6hall they be ,,utter—ize .:.►raA&-t to this .,f fie a +„ be.,,.., . Nothing eentai e.1 i this .,,-Fiala shall be nsti.,,ed to a„elnf!/ c pe.mit a investigater to perform Awx4ien cr dab, of a law e„ f «ee,,.,e„t effiaer 9t e, di&. ae opeeified in this W14600.e_ AM alleged viela4er- weuld then appear- before the beefil 'C. zoay.' mee ,,,;+1- seet e„ 26 197(5), See.26-174. RESERVED See. 26-175. — Penalties and Appeals. (a) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, any person who violates any provisions of section 26-171 or commits any of the acts constituting cause for disciplinary action as set forth in section 26-172 shall be guilty of a violation of the provisions of this article, and upon eeaN ie ien a Finding by the Construction Board thereof, shall be subject to the penalties of section 1-10. (b) In addition to the penalties and other remedies that may be imposed elsewhere in this section, the board may issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required state certification or local certificate of competency for any work being perfonned by that person or his employees or agents under this article. (c) If a state certified contractor or a contractor possessing a certificate of competency issued by the board pursuant to this article is found by the board, after a Quasi -Judicial due preeess hearing, to be guilty of fraud or a willful building code violation in the city, or if the board possesses proof that such contractor, through a due process hearing pr-eeess, has been found guilty in another city or county within the 12-month period of fraud or a willful building code violation, and the board finds, after providing notice to the contractor, that such fraud or violation would have been fraud or a violation of a building code of the city if committed in the city, then the board may, in addition to the penalties that may be imposed, and other remedies that may be available to the city which are provided for elsewhere in this section, deny the issuance of a building permit to such contractor or issue a building permit with specific conditions which the board determines to be necessary to protect the public health, safety and general welfare. The board shall provide notification of, and information concerning, any denial of a building permit pursuant to this provision to the department within 15 days after the board decides to deny such building permit. (d) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board may impose an administrative fine in an amount not to exceed $500.09 $1,000.00 per violations.; Additional fines may include addi ienel fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board, which shall be recoverable by the board only in an action at law not to exceed $250.00. (e) In addition to the penalties that may be imposed and other remedies that may be available to the city which are provided for elsewhere in this section, the board is authorized to take the following disciplinary actions against the holder of a certificate of competency issued by the 0 73 of 123 board pursuant to this article, where such holder has failed to timelv comely with a Construction Board's Order, been found to violate section 26-171 or has engaged in any of the acts or omissions which constitute cause for disciplinary action pursuant to section 26-172. Sec. 26-197. POWERS AND DUTIES. The construction board shall have the following powers and duties: (4) Review of violations of this article. On the motion of the board, on a notice of hearing issued by an investigator, building official or on the verified written complaint of any person, the board may review the actions of any person, including a contractor that has been issued a certificate of competency by the board pursuant to this article or a state certified contractor, who has violated any provision of this article. The board may hold due-pr-eeess quasi-?udicial hearings and thereafter take appropriate disciplinary action as authorized pursuant to this article if the person, including a state certified contractor or a contractor holding a certificate of competency from the board pursuant to this article and including an entity qualified by a contractor who is state certified or holds a certificate of competency from the board pursuant to this article, is found to be in violation of one or more of the acts or omissions constituting a prohibited activity pursuant to section 26-171 or constituting cause for disciplinary action pursuant to section 26-172 to the extent not reserved to the department to the exclusion of the board. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. SCRIVENER'S ERRORS. Sections of this ordinance 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 public hearing, by filing a 10 74 of 123 corrected or re -codified copy of same with the City Clerk. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by the City Council and signature of the Mayor. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Christopher Nunn Council Member Ed Dodd Council Member Bob McPartlan and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted on this 2022. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Jim Hill, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 11 day of 75 of 123 rnrOF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 13, 2022 Agenda Item Title: Direction from City Council on the offer to purchase the property located at 1528 Indian River Drive. Recommendation: City Council directs staff to acquire another appraisal in order to consider any offer to purchase the property located at 1528 Indian River Drive. Backaround: The property located next to the working waterfront has been listed for sale $2,900,000.00. City Council directed the City Manager to obtain an appraisal for the property at 1528 Indian River Drive and bring that information back to City Council for further determination on how to proceed. The City Manager received an appraisal and it is less than the asking price. However, should Council agree to make an offer, the City will be required to obtain a second appraisal, per Florida Statute 166.045 (1) (b) which states "for each purchase in an amount in excess of $500,000, the governing body shall obtain at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote." Under Florida Statute 166.045 (1) (a) "in any case in which a municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of s. 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality." Also, "if a contract or agreement for purchase is not submitted to the governing body for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of negotiations." The municipality shall maintain complete and accurate records of every such appraisal, offer, and counteroffer. Further, an " 'option contract' means a proposed agreement by the municipality to purchase a piece of property, subject to the approval of the local governing body at a public meeting after 30 days' public notice." Thus, appraisals are not available for public disclosure or inspection at this time. Finally, the acquisition of property by the City is also covered under Section 1.02 of the City Charter, External Powers — Acquisition of Property, which states "any land purchase in excess of ten percent of the general fund of the current budget year shall require two appraisals. If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council." If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $0.00 Total Cost: TBD Funds to Be Utilized for Appropriation: Attachments: F.S.166.045 Section 1.02 of the City Charter Administrative Services Departm t Revii City Attorney Review: �� Procurement Division 76 of 123 77 0 123 166.045 Proposed purchase of real property by municipality; confidentiality of records; procedure (1)(a) In any case in which a municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of s. 119.07(1) until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality. If a contract or agreement for purchase is not submitted to the governing body for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of negotiations. The municipality shall maintain complete and accurate records of every such appraisal, offer, and counteroffer. For the purposes of this section, the term "option contract" means a proposed agreement by the municipality to purchase a piece of property, subject to the approval of the local governing body at a public meeting after 30 days' public notice. The municipality will not be under any obligation to exercise the option unless the option contract is approved by the governing body at the public hearing specified in this section. (b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more than $500,000. For each purchase in an amount in excess of $500,000, the governing body shall obtain at least two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price exceeds the average appraised price of the two appraisals, the governing body is required to approve the purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or less from the requirement for an appraisal. (c) Notwithstanding the provisions of this section, any municipality that does not choose with respect to any specific purchase to utilize the exemption from s. 119.07(1) provided in this section may follow any procedure not in conflict with the provisions of chapter 119 for the purchase of real property which is authorized in its charter or established by ordinance. (2) Nothing in this section shall be interpreted as providing an exemption from, or an exception to, s. 286.011. 78 of 123 loop%, CHARTER § 1.02 ARTICLE 1. CREATION AND POWERS* Sec. 1A1. Creation and powers. The City of Sebastian, Florida, as now established, shall continue to be a municipal body politic and corporate in perpetuity under the name "City of Sebastian" and, under that name, shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Sec. 1.02. Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or otherwise, real or personal property or any estate therein, or riparian right or easements therein, within or without the city, to be used for any municipal purpose, including cemeteries or places for burial of the dead; streets and highways, public parking lots or spaces; bridge and tunnels sites; the construction of a telephone system; plants, works and wells and other equipment necessary for supplying said city with water, ice, gas for illuminating and heating purposes, and electric power for illuminating, heating and other purposes; the location of waterworks and sites for public utility works; the establishment of houses of detention and correction; hospitals for the cure or detention of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, promenades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and watermains; and for any public or municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the city, to the same extent that natural persons might do, in the manner provided in this Charter. Any land purchase in excess of ten percent of the general fund of the current budget year shall require two appraisals. If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council. (2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control public landings, piers, wharves and docks within and without the city, and to acquire lands, riparian rights or other rights and easements necessary for such purposes; to control and regulate the operation of boats and the speed thereof, to lay and collect reasonable duties, charges or fees on vessels or watercraft coming into or using such 'State law reference Home rule powers generally, F.S. § 166.021. Stipp. No. 67 CHT:3 79 of 123 § 1.02 SEBASTIAN CODE landings, wharves, and docks; to regulate the manner of using any and all wharves and docks within and without the city and the rates of wharfage or charges to be paid by vessels or other watercraft using the same. (3) Use of public lands and waters. To regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, thoroughfares, alleys, parks, public lots, and other public places in the city and municipally owned or leased property within or without the city limits; and to impose and enforce adequate penalties for violation of such rules and regulations. (4) Public utilities. To furnish any and all local public services, including but not limited to electronic communication, electricity, gas, water, lights, or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the l ` city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. (5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the city or upon the property owned by the city beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or premises whereon the same may be. (6) Stock. To provide for inspecting and regulating the sanitary condition of all butcher pens, meat markets, or other places within and without the city limits, where the products of same are sold within the city limits, and to provide penalties for the violation of such regulations. (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administra- tion buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not Supp. No. 67 CHT:4 80 of 123 CHARTER § 1.02 originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. (8) Contracts with other governmental agencies. To enter into contracts with the State of Florida or any of its subdivisions or agencies, and with the United States of America or any department or any agency thereof, in order to purchase, lease or acquire property, real and personal, within or without the limits of the territorial boundaries of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said city. (9) 7b convey to United States or State of Florida. To acquire real estate or any interest therein, located within or without the territorial limits of said city, by purchase, gift, devise, condemnation or otherwise, for the purpose of giving, granting or conveying the same to the United States of America or the State of Florida, or any lawful agency or subdivision thereof, whenever the city council of said city shall deem it advisable, beneficial and to the best interest of said city so to do, or in order to induce the construction of public institutions and public works of any and all kinds. (10) Golf course. To acquire, construct, own and operate a golf course or golf courses and all such buildings and improvements as said city may deem necessary or desirable for use in connection therewith, within or outside of the limits of said city; to use any lands now owned by said city for the purpose of a golf course or golf courses, and to acquire by purchase, lease, condemnation or otherwise for such purposes any lands within or outside the limits of said city as it may deem necessary or desirable, to charge reasonable admissions, rentals or fees for the use or enjoyment of such golf course or golf courses by the users thereof, and prescribe reasonable rules and regulations for the use and operation thereof. (11) Eminent domain. To exercise the right and power of eminent domain, that is, the right to appropriate property within or without the territorial limits of said city for the following uses or purposes: For streets, lanes, alleys and ways, for public parks, squares and grounds, for drainage and for raising or filling in land in order to promote sanitation and healthfulness, for reclaiming and filling when lands are low Supp. No. 67 CHT:5 81 of 123 § 1.02 SEBASTIAN CODE or wet or overflowed, altogether or at times and entirely or partly, for the abatement of any nuisance, for the use of water pipes and for sewage and drainage purposes, for laying wires and conduits under the ground, for city buildings, waterworks, pounds, electric power plants, bridges, sea walls, bulkheads, causeways, docks, golf courses, airports and any and all other powers granted to said city by this Charter and for any other municipal purpose and for any other purpose granted by law, all of which shall be coextensive with the powers of the City of Sebastian exercising the right of eminent domain and the absolute fee simple title to all property so taken and acquired shall vest in said city unless the city seeks to condemn a particular right or estate in such property. That the procedure for the exercise of eminent domain or the condemnation of any lands or property under this subsection shall be the same as is provided by the general laws of the State of Florida with respect to eminent domain. The city shall not use the power of eminent domain for a project having the purpose of transferring rights in the properties acquired to a private party in pursuit of economic development. (Res. No. R-88-16, § 2, 1-13-88; election of 3-14-89; Ord. No. 0-93-21, §§ 1-3, 1-12-94, election of 3-8-94; Ord. No. 0-99-18, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-05-19, § 1, 10-26-05, election of 3-14-06; Ord. No. 0-06-09, § 1, 10-11-06, election of 3-13-07; Ord. No. 0-11-07, § 2, 7-13-11, election of 11-8-11; Ord. No. 0-21-06, § 2(Att.), 6-23-21, election of 11-2-21) State law reference —Municipal home rule powers, F.S. ch. 166. ; `00*1` Sec. 1.03. Intergovernmental relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise with any city, county, state, the United States or any agency or governmental unit thereof. State law reference —Intergovernmental programs, F.S. ch. 163. Sec. 1.04. Boundaries. The corporate limits of the city shall be as presently established or as hereafter changed pursuant to state law. State law reference —Municipal annexation or construction, F.S. ch. 171. Sec. 1.05. Existing businesses may continue after annexation. Any real property upon which a lawful business is being conducted at the time the same is taken into the corporate territory of the city, during the continuance of the same business it shall be granted the same privileges, immunities and exemptions as though any such business had been conducted within the city for the time of operation prior to annexation to the city at such location. Supp. No. 67 CHT:6 82 of 123 c�arvcf SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: Title & Recommendation Background: whatever reasons, Agencies, as well critical life sensitive attract applicants. Bonus. July 13, 2022 Hiring Incentives and Sign -on Bonuses Recruitment has become more difficult since the pandemic. People, for have decided not to return to the work place. The City of Sebastian and other is private industries, have been feeling the effects. Some of these vacancies are positions. Therefore, companies and cities are left with trying to create incentives to One of the ways to attract applicants is to offer a form of Hiring Incentive or Sign -on Staff conducted a small study of the surrounding area and found that some Agencies do not offer a hiring incentive, while others offer $2,500.00 to $5,000.00 depending on the position. One Agency offers two weeks of pay. Other Agencies pay for the Police Academy, CJIS Basic Certification for Dispatch, etc. Also, it was found that Agencies hire Police Recruits as they are going through the Academy. These Agencies who pay for education, certification, licenses, etc. obtain signed Agreements stating that if the employee leaves the Agency within a time frame of 2-3 years, they must reimburse the Agency a pro- rated amount. See Information from the Agencies and area Colleges attached. In order for the City of Sebastian to become more competitive and recruit the quality of candidates needed to fill these vacant positions, Staff is recommending we temporarily put in place Hiring Incentives and Sign -on Bonuses for these positions are in accordance with Management's Rights Section 13.1. Staff recommends the following Hiring Incentives: Siqn-on Bonus Implement a Sign -on Bonus of $2,500.00 for all full time vacant positions. (Non -sworn Police Officers) o The employee would receive half at the time of hire and the other half after the six months probationary period with a Satisfactory or above performance review. o Must sign an Agreement which states if the employee's employment is terminated (Voluntary/involuntary) with the City within three years, the employee must reimburse the City for the sign -on bonus of $2,500.00, the background check and the physical totaling $3,750.00 prorated. Police Officer (New Hires) with zero (0) to three (3) Years of Experience — Implement a Sign -on Bonus of $2,500.00. o The employee would receive half at the time of hire and the other half after the six months probationary period with a Satisfactory or above performance review o Agreement - If the employee's employment is terminated (Voluntary/involuntary) with the City within three years, the employee must reimburse the City for the sign -on bonus of $2,500.00, the background check and the physical totaling $3,750.00 prorated. Police Officer (New Hires) with more than three (3) Years of Experience -- Implement a Sign -on Bonus of $3,500.00. o The employee would receive half at the time of hire and the other half after the six months probationary period with a Satisfactory or above performance review. o Must sign an Agreement which states if the employee's employment is terminated (Voluntary/involuntary) with the City within three (3) years, the employee must reimburse the 83 of 123 City for the sign -on bonus of $3,500.00, the background check and the physical totaling $4,750.00 prorated. Reimbursement of Academv/Pavment of Training/Certification/License o 911 Dispatchers (New Hires) ■ The City would pay for the CJIS Basic Certification education. ■ Must sign an Agreement which states if the employee's employment is terminated (Voluntary/involuntary) with the City within three (3) years, the employee must reimburse the City for the sign -on bonus of $2,500.00, the background check and the physical totaling$3,750.00 prorated plus all training costs. o Maintenance Worker I without a CDL Class B License (New Hires) ■ The City would provide CDL training to obtain License. ■ Must sign an Agreement which states if the employee's employment is terminated (Voluntary/Involuntary) with the City within three(3) years, the employee must reimburse the City for the sign -on bonus of $2,500.00, the background check and the physical totaling $3,750.00 prorated plus the CDL License, and Training and Testing Fees. o Police Recruits ■ The City would reimburse the Police Recruit for the Police Academy up to $5,000.00. ■ The Recruit must be a Florida Resident. ■ The City would hire the Police Recruit as a full time employee at the minimum hourly rate based on compensation study, and provide Health Insurance since insurance is a requirement to participate in the Academy. The recruit must pay the employee rate. ■ When the Recruit is not in class at the Academy, he/she would report to the Police Department for additional training and assignments. ■ Must sign an Agreement which states if the employee's employment is terminated (Voluntary/Involuntary) within three (3) years, the employee must reimburse the City for the cost of the Academy. In addition, he/she must reimburse the City, the cost of the background check and the physical totaling a $1,250.00 prorated. This will be effective as of June 1, 2022 and continued for time necessary. The Hiring Incentives and Sign -on Bonuses will not be part of the Union Contract Staff would like to hear further thoughts from the City Council. If Aqenda Item Requires Expenditure of Funds: Total Cost: Offset by Time Positions are not filled Funds to Be Utilized for Appropriation: All Departments Attachments: NIA r Administrative Services Department . view: J _1 l City Attorney Review: Procurement Division Rev'Zif applicable /f't City Manager Authorization Date: 7/eI�Z 84 of 123 ON OF HOME OF PELICAN ISLAND MEMORANDUM TO: Paul Carlisle, City Manager FROM: Cindy Watson, HR Director DATE: June 27, 2022 RE: Hiring Incentives The following is information collected regarding Hiring Incentives, CITY OF VERO BEACH VERO BEACH OFFICERS - $43,334.00 $3,000 Recruiting Bonus Applicants with 3 Years or more of experience have the ability to start at a higher starting salary than entry level. Officers that successfully complete 1 year probationary period receive a 6% salary increase. INDIAN RIVER SHERIFF'S OFFICE PUBLIC SAFETY DISPATCHER Starting salary $31,000. Salary increased to $40,000 upon completion of training. LAW ENFORCEMENT — DEPUTY TRAINEE Be registered or enrolled at Basic Law Enforcement Academy. Candidate must be able to pay for the Basic via self -sponsorship or applicable GI Bill. IRC Sheriffs office not responsible for costs. Starting pay: $29,802. Salary increased to $46,800 upon graduation and passing of state exam. The "Reimbursement Agreement" is attached. Two year commitment. LAW ENFORCEMENT DEPUTY—$46,800 Do not have a bonus in place at this time; will be looking out-of-state if the state passes the $5,000 Sign -on bonus which is currently in legislation. Must be a Florida certified law enforcement officer or dual certified meeting all requirements for certification by Florida CJSTC EQUIVALENCY OF TRAINING (EOT) SPONSORSHIP — LAW ENFORCEMENT DEPUTY - $29,802 with Salary increase to $46,800 upon graduation and passing state exam. Out-of-state officers, federal officers and previously certified Florida officers with a four years or more, not exceeding eight years, break -in-service pursuant to section 943.13(2a), Florida Statutes and Rule 11 B-35.009(3)or (4), Florida Administrative Code or for persons who served as a member of the special operations forces pursuant to section 943.13(2)(b). F.S. and Rule 11 B- 35.009(5),F.A.C. are encourage to apply for a paid sponsorship to attend an Equivalency of Training Program at Easter Florida State College. A strong candidate has a good work history and clean background. The Agency has established a Deputy Trainee Employment Program Reimbursement Agreement. The applicant acknowledges that the Aaencv will incur substantial expenses associated with the trainino if the applicant is to become qualified as a Deputy Sheriff in either the Law Enforcement or Corrections discipline as provided by the Employment Program; therefore, the applicant must graduate from the Academy, receive his or her state certification. 85 of 123 apd serve as a Deputv Sheriff for the Agency for a minimum of two (2) veers followina completion of all reoulred trainina and orobatignary neriod. To be eligible for this program, the applicant must present the FDLE approved Equivalency of Training CJSTC form 76 to Eastern Florida State College. The applicant may request an exemption form some basic level training courses. Training and employment documentation must be submitted to Easter Florida State College for an equivalency of training review. Documentation must • reflect one (1) year, full time prior law enforcement experience and successful completion In all of the minimum primary training areas. C � .NI M BAY A (tTIONS OFFICER fired Trainees One time Up sum bonus $2.500.00 — 3 vear oomm"en • If employee resigns during the first three years of employment, the employee Is required to reimburse the City for the sign -on payment on a pro-rata basis. New hired Applicant with PST 0Prtf rRtlon and pne plus years of experience in the gftaibie fora lump sum slaning_ayment gt Chiefs discretion net to exceed$4,000, If employee resigns during first three years of employment the employee is required to reimburse the City for the signing requirement on a pro rate basis. Erogreests En ��1jFgCER TIO I ( $16.38/hr - $27.02/hr) pos ommunication Officer III. Must complete appropriate Certifications and training. 5% increase upon promotion to Communications Officer ll. Another 5% Increase upon promotion to Communication Officer 111. PATROL OFFP-ER — $44,137.60 - $68,203.20 Annual qualified candidates may be elEsible for a hiringjaoentive hnnus to hgloAith relocation to Brevard Receive a shift differential of 4% for officers assigned to evening and midnight shift as well as Incentive pay for specialty teams. Certified law enforcement officers from any state may be eligible for higher starting pay based on your level of experience. PO tCE � 'FlCJE 6,�O Innual 8 D COU( �TY DEn SHE(tlFF - $46,134.40 - $51,958.40 — Startina vape in 2023 - $47.736.00 - $53.768.00 Hlrina nus: Deputy SheriffApplicants whip have at I$ast one vgar of full time poerlenoe as a Certified Law EnfoMarnent officer may receive a one-ti(�e j�irl(�p bonus of uo to $5.000.00 minus agolicable taxes. Additionally, applicants with prior c�rtifled full time law enforcement experience may start above the minimum starting pay up to $51,958.40 annually based on the applicant's years of services. Applicant will have to sign an agreement. DEPUTY;MERIFF — EOUJVALENCY OF BRAINING (EOTi SPONSORSHIP - $$116.64 Hourly nus — Onetime hirina bonusm fnr natt-e{ to ed law enforcement o to $6.000 fpps� ose yyVy�ith two or more years of full i me aw $ rc em t experience. Adlronaliy, applicants with prior c ffled ull time law enforcement experience may start above the minimum starting pay up to $51,958.40 annually based on the applicant's years of service. E e s 2 23, sxartingmy incxeasgs to W j36-.00 - $63.7 The job �ss Is for full-time Out -of -State Officers, Federal Officers, Military Police Officers, and previously certified Florida law enforcement officers with a break -in-service of four years or more but no more than eight. The EOT program allows an officer to be exempt from having to complete the full basic recruit academy. Those who meet these requirements are encouraged to apply for a paid sponsorship to attend an (8) day Equivalency of Training Program (EOT) course at Eastern Florida State College, or any other Criminal Justice Standard Training Center (CJSTC) in the state of Florida who offers the (EOT) program. Brevard Is looking for out-of-state candidates who want to relocate to Florida. 86 of 123 Aareement to remain emoloved with BCSO for a L Nod of no less thap� three years from their date of hire. EmDlovees who sAparate emoloyment. voluntary or volunta eforp the three year oerlod are required to immediately, reimburse BCSO for backaround fees of $1.520.00. DEPUTY SHIFr TRAINEE - $16.64 Hourly he selects app icant agrees to attend all classes and labs required to successfully pass the curricula of the Basic Recruit Law Enforcement Academy and pass the FDLE state of Florida certification examination. During periods of class recess, the selected applicant agrees to perform various duties for the Brevard County Sheriffs Office (BCSO). Candidates must be able to pay for the Basic Law Enforcement (BLE) Academy tuition and fees via self -sponsorship or, if applicable use their GI Bill. The Brevard County Sheriff's Office shall not be responsible for any BLE costs. Once the applicant passes all portions of the BCSO background process and is approved for hire, they will be under contract with the agency for a total of three years from their hire date. Selected candidate's salary and benefits, as described will be provided by BCSO while attending BLE. Upon graduation from the academy and becoming a state certified officer, the selected candidate's status will be reclassified from Deputy Sheriff Trainee to a Deputy Sheriff, and Includes the appropriate salary increase. The applicant must be currently registered or enrolled at a Basic Law Enforcement Academy within the state of Florida, and completed/passed the state required CJBAT for law enforcement in order to qualify for this position. Note: This position Is a trainee classification and incumbents are expected to successfully complete the BLE Academy and will ultimately receive the recommendation of the Sheriff to either be promoted to Deputy Sheriff or may be terminated from the position. Termination includes: Recruit withdraws from the academy or Is terminated by academy authorities Recruit fails to complete the academy Recruit falls to obtain law enforcement officer certification from FDLE Recruit voluntarily resigns Recruit abandons his/her position before working as a certified law enforcement officer for the BCSO, or fails to fulfill their three year contract after becoming certified and re-classif€ed as a Deputy Sheriff. When trainees are not actively engaged in academy courses, they will perform various office - related duties, training exercises and observation events during or after business hours. Regular, dependable, and punctual attendance is a requirement for this position. dree ent to remain emoloved with BCSO fir a Derlod of no leap than three ve$rs m heir ate off hir . EmDlovees who seosrate err�piovment, voluntary or involuntary befor,� three year Deriod are required to Immediately reimburse BCSO far background fees a11$1,520.0 $'il 1-CALL TAKER — ($15.68/hr - $17.98/hr) S, 9r€-on Bonus —Uoon hire. all pendidates will receive a one-time $2.500.00 slan-on bonus nus aool ble taxes. L4aree to remain emoloved with BCSO for a Derlo of no less than three ve�r� fro their date of hire, EmDlovees who aenerele employment. vo�untariiv or involuntarlIv. before Ifie thteq year oerlodexpired a renulred to ImmertiatRiv reiiburse BCSO far backa o and fees of 1 5 . tB ... ...,. , ... l v an-on 1 DiSC TA CHER — ($16.82/hr - $19.43/hr) Bonus - Upon hire. all candidates will receive a one-time 42.500.0p sj -on bo minus aooiicable taxes. Applicants with four (4) or more years of prior certified flwme 91�Dtspatch experience may start above the minimum starting pay. The employee must obtain CJIS Basic Certification within six months of hire and maintained for the duration of employment. The employee must successfully complete the Florida Public Safety Telecommunications Certification training and exam within 12 months of hire and certification must be maintained for the duration of employment. Shift differential (6am to 6pm or 6pm to Gam) Must be able to with either shift — days/nights, holidays and weekends — Employees assigned to 12 hour shit differential pay of .50 per hour ($40.00/bi-weekly). Employees assigned to a 12-hour midnight shift schedule will receive an 87 of 123 additional shift differential pay of .25 per hour ($20.00/bi-weekly). Unit members assigned to an 8 or 10 hour shift are not eligible for shift differential pay. Agreer� It to (amain Pmnl a BCSO or a oeriod of no lesg than three v rs frpm their date of ire, Employees who separate errtp ovme�t vylunl;W or invo untarv. be ire the three year oeriod are reouired to immediateiv reimburse BC O for bads ro f $1.520.00. EffY OF STUM Ding Incentives are for all Vacancies. The program does not Involve new money. Since wages are bVoceted for 52 weeks. the Hi iLgn J[igentlwA Ir. 2 of the budaetA d weeks since 0 takes 4.6 weeksp hire. Each incoming new hire will receive 1 week of base pay on their first Frlda7 of employment. It is a physical check and must be picked up In Human Resources. The 2 week of base pay is granted upon completion of their probationary period (6 months, or more If extended). That is Included in their regular direct deposit. Example of the "Hiring Incentive Acknowledgement Form' Is attached. TUITION Eastem Florida State College - Estimated Cost of the Academy The Brevard Police Testing and Selection Center (BPTC) handles all applicant screening. BPTC charges academy applicants $500.00 for processing. After selection for the academy, an applicant will have various tuition, fees and related expenses to pay. BPTC's screening fees are nonrefundable. • Testing Fees and other Fees: $1,640.00 - $1.700.00 • Florida Resident: $3,064.00 - $4,000.00 • Non -Florida Resident: $8,985.30 - $9,500.00 Indian River State College — Application and Academy Program Fees (2022 — 2023) All Students MUST have active health insurance coverage to participate In the Academy. • CJ Basic Ability Test $ 39.00 • Physical Ability Test $ 40.00 • Selection Center Testing Fees $545.00 • Drug Test $ 25.00 Total: $649.00 Indian River State College - Estimated Cost of Academy (2022 — 2023) • Florida Resident: $4,167.30 • Non -Florida Resident $10,608.30 • CJ on-line educational resource $73.33 Indian River State College - Cross -over Training (Corrections to Law Enforcement) (2022-2023) • Florida Resident $2,763.50 • Non -Florida Resident $7,261.70 • CJ online educational resource $73.33 88 of 123 Sheriff Eric Flowers Indian River County Sheriff's Office INDIAN RIVER COUNTY SHERIFF'S OFFICE DEPUTY TRAINEE EMPLOYMENT PROGRAM REIMBURSEMENT AGREEMENT THIS AGREEMENT, is hereby entered into by and between the Indian River County Sheriff's Office ("Agency"), and ("Applicant"), whose address is The Agency has established a Deputy Trainee Employment Program ("Employment Program") in order to increase the number of individuals qualified for employment by the Agency as a Deputy Sheriff. As the Applicant has satisfied the Agency's requirements and qualifications for enrollment in the Employment Program the Agency will assist the Applicant in obtaining the necessary training to become a Deputy Sheriff by enrolling the Applicant in either the Law Enforcement Basic Recruit Academy ("Academy") or the Corrections Basic Recruit Academy. The Agency will pay tuition for the Applicant's training at the Academy, and will pay the Applicant's State Law Enforcement Certification examination fee. The Applicant acknowledges that the Agency will incur substantial expenses associated with the training of the Applicant to become qualified as a Deputy Sheriff in either the Law Enforcement or Corrections discipline as provided by the Employment Program. The Applicant further acknowledges that the foregoing expenditures are expected to be recaptured through the services of the Applicant with the Agency and that the Agency will be adversely affected both economically and in staffing if the Applicant does not graduate from the Academy, receive his or her state certification, and serve as a Deputy Sheriff for the Agency for a minimum of two (2) years following completion of all required training and probationary period; and THEREFORE, IN CONSIDERATION of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE I IRCSO'S OBLIGATIONS Promptly after execution of this Agreement by the parties hereto, the Agency shall: a. Enroll the Applicant in the Academy; b. Pay the Applicant's tuition costs for enrollment in the Academy; c. Upon successful completion of the Academy register the Applicant for the State Law Enforcement Certification examination conducted by the Florida Department of Law 89 of 123 Enforcement (°FDLE") and pay the applicable entry fee for the Applicant's initial examination d. The Agency will not pay the examination fee if the Applicant is required, for any reason, to retake any portion of the examination. ARTICLE II APPLICANTS OBLIGATIONS Upon enrollment of the Applicant in the Academy, the Applicant shall: a. Use his/her best efforts to complete all courses at the Police Academy in a satisfactory manner, and b. Use his/her best efforts to satisfy all qualifications and requirements for employment by IRCSO as a Deputy Sheriff; and c. Satisfy the reimbursement obligation set forth in Article III of this Agreement. ARTICLE III APPLICANTS REIMBURSEMENT OBLIGATION Reimbursement Obligation: Reimbursement shall be made to the Agency through a payroll deduction from the Applicant's final paycheck or by payment directly from the Applicant for all expenses described herein and incurred by the Agency in connection with participation by the Applicant in the Employment Program in the event of any of the following occurrences: a. The Applicant withdraws from the Academy prior to graduation, or the Applicant is expelled or otherwise dropped or dismissed from his/her Academy class, and as such is ineligible to graduate with the Academy class in which he/she is enrolled; or b. Employment with the Agency is terminated within twenty-four (24) months following successful completion of the Agency Field Training Program. Calculation of Reimbursement Obligation The reimbursement obligation shall consist of the sum of all amounts expended by the Agency In connection with participation by the Applicant in the Employment Program, including the following: (a) Pre -academy testing (BAT/PAT) $ (b) Cost of the Academy tuition $ (c) Cost of FDLE certification examination $ (d) Total $ 90 of 123 Credit for Continuous Emplovment Should the Applicant Incur a reimbursement obligation, the amount of that obligation shall be reduced by a factor of one -twenty-fourth (1/24) of the total reimbursement obligation for each four (4) weeks of continuous full-time employment completed by the Applicant subsequent to successful completion of the Agency Field Training Program. Any absence from work due to illness, non -duty related injury or other cause for a period greater than two (2) weeks shall be excluded from the period of service for which credit will be given. Terms of Repavment Any reimbursement obligation remaining afterthe deduction from the Applicant's final paycheck shall be made within twenty-four (24) months In monthly Installments of no less than one - twenty -fourth (1/24) of the total reimbursement obligation. Such payments shall commence on the first day of the month following the month during which employment as a Deputy Sheriff is terminated, and each installment shall be paid on or before the first day of each month thereafter. In the event the Applicant fails to make any payment required pursuant to this Agreement in a timely manner, the total amount of the reimbursement obligation then remaining unpaid shall immediately become due and payable. ARTICLE IV TERM OF AGREEMENT This Agreement shall commence upon execution hereof and shall continue until such time as all obligations provided herein have been satisfied. ARTICLE V ENFORCEMENT If the Applicant fails to fulfill, in a timely and proper manner, his/her obligations under this Agreement, or the Applicant violates any of the covenants, agreements, or stipulations set forth in this Agreement, as determined by the Agency, the Agency shall thereupon have the right to enforce this Agreement upon ten (10) days written notice to theApplicant. ARTICLE VI INDEMNIFICATION The Applicant shall indemnify, defend, and hold harmless the Agency from all claims, demands, liabilities and suits of any nature whatsoever including all attomey's fees and costs of litigation related thereto, arising out of, because of, or due to any act or omission of the Applicant relating to performance or breach of this Agreement, including, but not limited to, failure of the Applicant to pay any applicable federal, state, or local taxes. It Is specifically understood that this Indemnification does not cover or indemnify the Agency for its own negligence or breach of Agreement. 91 of 123 ARTICLE VII ACKNOWLEDGEMENT OF NOTICE OF RIGHT TO INDEPENDENT LEGAL ADVISOR The Applicant acknowledges that he/she: a. Has the right, at the sole expense of Applicant, to have this Agreement examined by an attorney of his/her choosing and to discuss its terms with his/her attorney prior to signing it; b. Has read this Agreement and fully understands all of its terms and conditions; and c. Has executed this Agreement voluntarily and with full knowledge of its legal significance. ARTICLE Vill HEADINGS All articles or descriptive headings or paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE IX VENUE The venue of all actions brought on this agreement shall be Indian River County, Florida. ARTICLE X COLLECTION OF FEES AND COSTS In the event that IRCSO incurs legal fees and/or court costs, or other costs of collection in an effort to collect any sums owing pursuant to this Agreement, the Applicant will pay such amounts in addition to the portion of the reimbursement obligation then due. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their signature below. Sheriff Eric Flowers Type or Print Name of Applicant Signature of Applicant Type or Print Name of Witness Signature of Witness 92 of 123 Date Date Avenue • Vero Beach, FL 32960 • (772) 569-6700 9 www.ircsheriff.org ROOrp. 93 of 123 Ok 14 Stu Employee ID: Employee Name: Department: Base Hourly Rate of Pay: Hiring Incentive Acknowledgement Number of Hours Scheduled Each Week (full-time): Start Date: Full Time Part Time Average Number of Hours Scheduled Each Week (part-time): Total amount of incentive:$ Payment #1(half):$ Payment #2 (half):$ or, (hourly rate x hours above x 2) (Date Paid): (Date Paid: Date: I understand this hiring incentive equates to two (2) weeks of pay as formulated above. As an employee, I acknowledge that I am only eligible for this hiring incentive one time in my career with the City of Stuart. I further acknowledge that this hiring incentive is only for new, incoming employees and not those who are promoted; transfer, or otherwise change their position . This incentive is also not applicable to employees transitioning from part-time to full- time status, or vice versa. I am not eligible for this incentive if I am re- hired less than one year after my separation date from the City. I acknowledge that I am eligible to receive a hiring incentive equivalent to two (2) weeks base pay as outlined below. ❖ Payment# 1 will be a lump sum amount equivalent to one -week base wages and in the form of a physical check, at the end of my first work week. ❖ Payment# 2 will occur upon successful completion of my initial probationary period and will be included in my regular pay for that pay period. Failure to successfully complete the probationary period (six months minimum) will result in forfeiture of the second payment. Employee Signature Date Human Resources Approval Date May_2021 Rvsd Dec 2021 94 of 123 CITY OI SERAST'N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: July 13, 2022 Agenda Item Title: Approval to name Building Time Construction, LLC as the Design -Build firm to be used in response to RFQ 22-06 - Design -Build. Building Department Office Improvements and authorizing negotiations for a Guaranteed Maximum Price (GMP) contract. Recommendation: Staff recommends City Council select Building Time Construction, LLC as the Design -Build firm to design and remodel the existing front counter, install ballistic glass panels and create new office space; and authorize the City Manager to negotiate a Work Services Agreement with a GMP for City Council approval. Background: On Thursday, April 7, 2022, a mandatory pre -proposal conference for RFQ- 22-06 was held for the Design -Build of the Building Department Office Improvements. Two- (2) contractors were in attendance. On Friday, June 10, 2022, the evaluation committee selected by the City Manager independently scored and unanimously recommended Building Time Construction, LLC to be used for this project. This Agenda Item Does Not Reauire the Exnenditure of Funds BUDGET: $116,000.00 COST: To be determined FUNDS TO BE UTILIZED; Building Fund Attachments: 1. RFQ 22-06, Design -Build, Building Department Office Improvements 2. RFQ 22-06, Scoring Tabulation Administrative Services Departme Revi City Attorney Review: Procurement Division Rev' w, i applicab '✓ City Manager Authorization: 1� Date: %/"� 95 of 123 CITY OF 1E YNN HOME OF PELICAN ISLAND REQUEST FOR QUALIFICATIONS RFQ #22-06 DESIGN -BUILD BUILDING DEPARTMENT OFFICE IMPROVEMENTS EVENT DATE RELEASE DATE: Thursday, March 24, 2022 MANDATORY PRE -PROPOSAL CONFERENCE: Thursday, April 7, 2022 QUESTIONS DUE DATEITIME (DEADLINE): Monday, May 2, 2022 RFQ OPENING (DUE DATEITIME): CITY COUNCIL CHAMBERS Wednesday, May 25, 2022 TIME 10:00 AM LOCAL TIME 2:00 PM LOCAL TIME 2:00 PM LOCAL TIME PROPOSEDSCHEDULE* 1 EVALUATION MEETING: Friday, June 10 2022 TBD CITY COUNCIL CHAMBERS 2ND EVALUATION MEETING, if applicable: TBD RECOMMENDATION ON RANKING: TBD Council Meeting at City Hall Tentative: Wednesday, July 13, 2022 6:00 PM LOCAL TIME 1225 Main Street Sebastian, Florida 32958 "The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes. Dates in this schedule may be amended by the City; it is the Proposer's responsibility to check for any changes. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre -proposal conference or proposal opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. Contact Person Don Wixon, Procurement/Contracts Manager Email: dwixon@cityofsebastian.org 96 of 123 (MI. ' IA RFQ #22-0b HOME OF PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS REQUEST FOR QUALIFICATIONS The City of Sebastian is requesting proposals from aualified and well established Design -Build Firms (DBF) to provide design and build services for the Buildina Department Office Improvements. The Design -Build Firms must have a proven track record of success on projects involving general construction design and engineering with emphasis on Rebuilding/Redesigning offices, walls, and counters. All proposals shall be due no later than Wednesday May 25, 2022 by 2:00, Local Time. Proposals can be submitted to the City of Sebastian, Procurement Division in -person (physically) or mailed. All proposals shall contain one (1) clearly marked original, four (4) copies, and one (1) electronic copy on a USB drive_ Proposals will be opened in the City of Sebastian Council Chambers at City Hall. All in -person (phvsicall. or mailed submissions must be delivered to the followina: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 RFQ documents and any addenda may be obtained from the City's website (www.citvofsebastian.orq), and DemandStar fwww.demandstar_com). It shall be the sole responsibility of the Proposer to determine if anv addenda have been issued prior to submitting the or000sal. A MANDATORY Pre -Proposal meeting will be held on Thursday, April 7, 2022, at 10:00 AM, Local Time, in the City of Sebastian Council Chambers at City Hail, located at 1225 Main Street, Sebastian, Florida 32958. To have their proposal considered, prospective proposers MUST attend this conference in person. Any and All questions concerning this RFQ should be emailed ONLY to Don Wixon at dwixon(cDcitvofsebastian.orq no later than Monday, May 2, 2022, by 2:00 PM, Local Time. All communication regarding this RFQ shall be directed to the same point of contact. Contact by a Proposer (or anyone representing a Proposer regarding this RFQ with the City Council or a City employee/representative other than the point of contact listed above, SHALL BE GROUNDS FOR DISQUALIFICATION, THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, OR TO ACCEPT ANY PROPOSAL OR PORTION THEREOF DEEMED TO BE IN THE BEST INTEREST OF THE CITY in it's sole discretion, AND TO WAIVE ANY NON -SUBSTANTIAL IRREGULARITIES. Late PROPOSALS will not be accepted. By: Don Wixon Procurement/Contracts Manager Publish: Publication in the Indian River Press Journal Date: March 24, 2022 The City of Sebastian supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Access. 97 of 123 Page 2 of 27 anof SEBASTLN RFQ #22-06 HOMEOFPEEICANISUND DESIGN -BUILD - BUILDING DEPARTMENT OFFICE IMPROVEMENTS STATEMENT OF NO RESPONSE If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation Opening date shown herein. Return by email (dwixon6ciWofsebastian.orq) or by mail to: CITY OF SEBASTIAN ATTN: PROCUREMENT DIVISION 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company Name: Company Address: Phone Number: We are not responding to RFQ #22-06, Building Department Office Imurovements for the following reason(s) (mark all that applies): Do not offer the good(s) or service(s) required Our schedule would not permit us to perform responsibly Unable to meet specifications/scope of services Unable to meet minimum requirements Insufficient time allowed for preparation of response ProjectlBudget too small Specifications unclear - too vague, rigid, etc. (please explain below) Other (please specify below) Signature Print Name 1 Title Date Page 3 of 27 98 of 123 RFQ #22-06 CnOr SEeAsTu N HOME OF PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS ............................................. STATEMENT OF NO RESPONSE ............................................... TABLE OF CONTENTS................................................................ DEFINTIONS................................................................................. 1. SECTION 1 — SOLICITATION INFORMATION .................... 2. SECTION 2 — PROPOSAL FORMAT & REQUIREMENTS.. 3. SECTION 3 — EVALUATION CRITERIA ............................... 4. SECTION 4 — GENERAL CONDITIONS ............................... 5. SECTION 5 — REQUIRED FORMS ...................................... PROPOSAL CHECKLIST.............................................................. CONTACT INFORMATION SHEET .............................................. ADDENDA ACKNOWLEDGEMENT ....................................... SUB -CONSULTANT LIST............................................................. REFERENCELIST............................................................ PROPOSER'S DISCLOSURE FORM ........................................... E-VERIFY ACKNOWLEDGMENT................................................. NOTIFICATIONS AFFIDAVIT....................................................... ............................................................... 2 ...............................................................3 ...............................................................4 ...............................................................4 ............................................................... 5 ...............................................................7 ...............................................................9 ................................................... ..........10 .............................................................17 .............................................................17 .............................................................18 .......................I...........................19 .............................................................20 ...................................................21 .............................................................22 .............................................................23 ........................................................ ...24 SOLICITATION INFORMATION........................................................................................................25 SAMPLE DESIGN, BUILDING DEPARTMENT OFFICE IMPROVEMENTS....................................26 DEFINTIONS Request for Qualifications ("RFQ"): This Solicitation document, including any and all addenda. Proposal: Submission in response to this RFQ. Proposer: Person or firm submitting a Proposal in response to this RFQ, "pre -award". Engineer or Design Build Firm (DBF): A Selected Proposer that meets the scope of services and is awarded a contract to provide the goods or services to the City, "post -award". City: Refers to the City of Sebastian. Contract or Agreement: Request for Qualifications, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the contract or agreement between the City and the Engineer or DBF. Responsible Proposer: A proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFQ. Responsive Proposer: A proposer whose proposal fully conforms in all material respects to the RFQ and its entire requirement, including form and substance. Days: Refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. 99 of 123 Page 4 of 27 GDOf SEBAST_N RFQ #22-06 HOME OF PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS SECTION I — SOLICITATION INFORMATION 1.1 SCOPE OF SERVICES The City of Sebastian is requesting proposals from qualified and well -established Design -Build Firms (DBF) to provide design and construction of improvements to the Building Department office. The conceptual design may include the following; the service counter may be moved back approximately three (3) feet to allow space for customer seating. Service counter may be lowered to meet accessiblity standards. Service counter wall will consist of ballistic grade drvwall or equivalent with ballistic arade glass above the counter for aooroximately twenty-four (24) feet in Ieri by four (4) feet high. class will have sound (talk-throuah) transmission. Wall to file room will also be moved back to accommodate work space needed for employees. The space currently being used for scanning will be converted to an office. Door openings will need to be adjusted and/or relocated as necessary to accommodate the changes. Electrical, mechanical and fire sprinkler heads will need to be added and/or relocated as needed. The Proposer may use this information to develop their proposed design conceptual design as part of this RFQ submittle. At least one (1) of the following disciplines shall be available from the PrODOser'S "In -House" staff. Professional Enaineer or Architect. The Design Build Firm (DBF) must have a proven track record of success on projects involving the Engineering discipline on staff, specializing in Building and Rebuilding/Redesigning offices, walls, and counters... The Proposers shall select a team of professionals capable of performing the Design -Build services in an efficient and effective manner and in the best interest of the Citv; providing successful, on -time and on -budget project delivery. The City places significant value on high quality work and performance, timely access and response, scheduling and cost concerns and communication. 1.2 MINIMUM REQUIREMENTS Each firm must satisfy the minimum requirements listed below to be considered. Firms that do riot meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award. All decisions made by the City shall be final. All Proposers must demonstrate the following: 1. Currently licensed in the State of Florida as a Professional Engineer or Architect in accordance with Section 471.003, and 481.203, Florida Statue; and 2. Principal Office within 150 miles of Citv Hall; and 3. A minimum of five (5) years' experience in Commercial Building & Remodeling construction, - and 4. Experienced and qualified team of professionals capable of performing the required services; and 5. Insured and meeting insurance requirements applicable to perform the scope of services. 1.3 AGREEMENT TERM AND RENEWALS The effective date of the agreement is estimated to begin on, or before Monday, August 29, 2022, with intended completion within One Hundred Twenty (120) days following issuing of the Notice to Proceed (NTP). The City reserves the right to extend these dates, at its sole discretion. The Guaranteed Maximum Price (GMP) price will be discussed and negotiated for the Project following approval of the ranking of the Proposers and authorization to begin negotiations by the City Council. Prior to negotiations, the top ranked Design Build Firm (DBF) will provide a Schedule of Values to the City of Sebastian. The total of the Schedule of Values including a 15% contingency will be the guaranteed maximum price (GMP) contract amount. 100 of 123 Page 5 of 27 CM or 5 RFQ #22-06 HOMEOF PEUCAN ISLMD DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS In accordance with (IAW) Florida State Statute 287.055 (5), Consultants Competitive Negotiations Act (CCNA), the proposed Guaranteed Maximum Price (GMP) price will be negotiated with the most qualified firm for a price which the City determines is fair, competitive, and reasonable in order to reach an agreed upon fee, terms and conditions. This negotiation will be conducted for no more than three (3) weeks maximum, with the top ranked firm. If the City is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated, IAW F.S. 287.055 (5). The agency shall then undertake negotiations with the second most qualified firm. 1.4 DESIGN BUILD FIRM (DBF) RESPONSIBILITY The Design Build Firm (DBF) shall be responsible for all design works, and preparations of documentation related to obtaining construction permits, as required by the Sebastian Building Department. The DBF shall be responsible for compliance with all applicable local, state, and federal requirements regarding design, and construction code requirements relative to Project management, and coordination with other agencies and entities, utilities, as needed to carry out the construction of the project. Also, the Design Build Firm (DBF) shall examine the Contract Documents and the site of the proposed work carefully before submitting a Proposal for the work contemplated and shall investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents. Written notification of differing site conditions discovered during the design or construction phase of the Project will be given to the City's Project Manager. The DBF shall base their proposal on their own opinion of the conditions likely to be encountered. The submission of a proposal is prima facia evidence that the DBF has made an examination as described in this provision. Further, the DBF shall demonstrate good Project management practices while working on this Project. These include communication with the City and others as necessary, management of time and resources, and documentation. The DBF shall retain Project records for a minimum of five (5) years from Project Final Acceptance. The DBF shall store all records securely and shall be available for request of records. This Contract is subject to the following: • A determination of allowable costs in accordance with federal cost principles will be performed. • This proposal will not limit project to domestic owned contractors. • Public agency and publicly owned equipment are not allowed on this Contract. • This contract will not allow Contractor Purchased Equipment for State or Local Ownership. • Contract will not allow Owner Force Account/Cost Effective justification. • Local state hiring preference and local state produced materials preference is not allowed. • State, Local Owned, Furnished, Designated Materials are not allowed. • This contract does not include incentives or disincentives for completion of work. END OF SECTION 101 of 123 Page 6 of 27 SERWf« B"A"ram+ r RFQ #22-06 HOME Of PELICAN15LMD DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENT'S SECTION 2 — PROPOSAL FORMAT & REQUIREMENTS The Proposal shall be limited to no more than twentv (20) a es (NOT including the required forms listed in Section 2.9). Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive. 2.1 COVER LETTER Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate and bind the firm. The Proposer or authorized representative is attesting that the information provided is current and factual. The letter shall include: • Date Legal name and address of firm (former name, if applicable) • Contact Information for firm's representative (telephone number and email address) • Proposer's federal taxpayer identification number • Confirmation of firm meeting ALL minimum requirements listed in Section 1.2, above • Location(s), identify main office location if various locations • Type of ownership, if applicable (small business, small disadvantaged business or women - owned business) • Describe and give status of any prior or pending litigation or investigation, either civil or criminal, which may affect the performance of the Services to be rendered herein. Include any actions within the last three (3) years involving the Proposer, any of its employees (while in the performance of their duties), as well as Sub -contractors or Sub -consultants the Proposer intends to use on this project. 2.2 TABLE OF CONTENTS Include a clear identification of the materials included in the Proposal by numbering them and providing the proper page number. QUALIFICATIONS 2.3 FIRM QUALIFICATIONS • Company Information (history, length of existence & business structure). • Relevant Project Experience (Design Build Contracts as well as the redesigning of Office Space). • Completed projects within the last five (5) years that are similar to the scope listed herein (governmental agency projects preferred). List if the Droiect was completed on schedule within budget and the number and amounts of change order(s) associated with each. • Mention unique resources that may yield relevant added value, cost savings or efficiency to the services provided. If applicable, include past projects for the City of Sebastian. NOTE: THE USE OF PAST PROJECT PHOTOS, RENDERINGS AND GRAPHICS ARE HIGHLY ENCOURAGED. 2.4 TEAM QUALIFICATIONS • Total number of personnel to be assigned to this project • Management's Credentials • Project Personnel Credentials and their assignments • Sub-Consultant/Contractor Credentials and their assignments • Organizational Chart of Entire Firm highlighting Personnel being assigned. 102 of 123 Page 7 of 27 c� CM or " .7 D A�_ N RFQ #22-06 HOME OFPEUCANISIANIJ DESIGN -BUILD - BUILDING DEPARTMENT OFFICE IMPROVEMENTS NOTE: CREDENTIALS INCLUDE: specialized qualifications, education and experience. Brief background outlines shall cover relevant work performed within the last ten (10) years. Provide the Florida registration numbers of professional personnel. Resumes shall not exceed one (1) page per person. COMPLETED DESIGN -BUILD PROJECTS & INTENDED SCHEDULE 2.5 SIMILAR DESIGN -BUILD PROJECTS COMPLETED $ INTENDED SCHEDULE & APPROACH • List any Similar Design -Build Projects you company has completed within the last five (5) years. 2.6 INTENDED SCHEDULE & APPROACH • Intended Schedule for completina the work is no later than September 30, 2022. Once the Notice to Proceed (NTP) is issued. Time is of the Essence for Full Completion, and • Technical Approach for completing this Desian-Build oroiect. REFERENCES 2.7 REFERENCE LETTERS Proposer shall include three (3) reference letters from clients of projects of similar size and scopes involving the design and build of the Buildina Department Office Space. Reference letters shall be on the reference's company letterhead with point of contact information and must be signed. The letter should speak to the firms Design Build capabilities including design phase, construction phase, communication and overall experience of performance. REQUIRED FORMS 2.8 FORMS All Forms required by the RFQ shall be fully executed by the Proposer and submitted Contact Information Sheet — FORM A Proposer's Disclosure— FORM E Addenda Acknowledgement — FORM B E - Verify— FORM F Sub-Consultant/Contractor List— FORM C Notifications Affidavit— FORM G Reference List — FORM D Solicitation Information Form — FORM H 2.9 INSURANCE A Certificate of Insurance (COI) is required in the Droposal. NOTE: All coverages shall name the City as "additional insured." The following insurance should be obtain and maintain, during the term of this agreement: Comprehensive Liability: Not less than $1,000,000 Combined Single Limit per each occurrence. Professional Liability: Not less than $1,000,000 per each occurrence, covering any damages (Errors & Omissions) caused by an error, omission or any negligent acts. Automobile Liability: Not less than $1,000,000 Combined Single Limit. Worker's Compensation: In accordance with Florida Statutes 440 END OF SECTION 103 of 123 Page 8 of 27 Cm or SEBAST11AN RFQ #22-06 HOMEo> PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS SECTION 3 — EVALUATION PROCESS DURING THE EVALUATION PROCESS AND UNTIL APPROVAL OF THE RANKING HAS BEEN MADE BY CITY COUNCIL. PROPOSERS ARE PROHIBITED FROM DISCUSSING ANYTHING CONCERNING THIS RFQ WITH CITY STAFF, ANY MEMBER OF THE EVALUATION COMMITTEE, OR CITY COUNCIL. 3.1 EVALUATION CRITERIA The Best Value Evaluation System is being used and looks at various criteria to evaluate and rank the proposals. It is a subjective process that reviews all proposals to determine which proposal provides the best value to the City. The establishment, application and interpretation of the evaluation criteria below, shall be solelv within the discretion of the Citv. Weight for each criterion is shown below. Evaluators will tie responsible for giving a score (0-4). See Scale below for point determination. MBEIVVSEIDBE Business (only used in the event for a tie) - +5 points to the Final Score Scale 0 (0%) — Non -Responsive 1 (25%) — Missing/Lacking/Insufficient Evidence Provided 2 (50%) — Partial/Basic Evidence Provided 3 (75%) — Sufficient/Adequate/Appropriate Evidence Provided 4 (100%) — Exceeds/Outstanding/High Level Evidence Provided 3.2 EVALUATION OF PROPOSALS 3.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine responsiveness - if minimum requirements are met. 3.2.2 The Evaluation Committee will independently review and evaluate all responsive proposals received based on the criteria above and discuss at the initial Evaluation Committee Meeting. With consensus of the Evaluation Committee, either a recommendation for the ranking will be made to City Council or a request for the top ranked firms to give oral presentations may be made. THE CITY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO WAIVE IMMATERIAL IRREGULARITIES IN THE PROPOSALS IF IN THE BEST INTEREST OF THE CITY. THE CITY RESERVES THE RIGHT TO DETERMINE, AT ITS SOLE DISCRETION, WHETHER THE CRITERION IS SATISFACTORILY MET BASED ON THE SCALE ESTABLISHED IN THIS RFQ. THE CITY RESERVES THE RIGHT TO SEEK CLARIFICATION FROM ANY PROPOSER(S). 3.2.3 The selection and negotiation process for this project is in accordance with Florida Statutes Section 287.055 (4) & (5), Consultants' Competitive Negotiation Act (CCNA). 3.3 AWARD The purpose of this RFQ is to rank the Proposers for providing the services mentioned above in Section 1.1., and in the Sample Design. It is most common, not guaranteed, that the Proposer(s) who score the highest number of points will be recommended to City Council. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL PROPOSALS DEEMED AS NOT RESPONSIVE. THE CITY RESERVES THE RIGHT TO CANCEL THIS RFQ AND RE -SOLICIT OR NOT RE -SOLICIT AS DETERMINED TO BE IN THE CITY'S BEST INTERESTS. 104 of 123 Page 9 of 27 Oh OF RFQ #22-06 HOME OfFEUCANISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS SECTION 4 — GENERAL CONDITIONS 4.1 CONE OF SILENCE Potential Proposers shall not communicate in any way with City staff or the City Council other than the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award is made by the City Council. Such communication may result in disqualification. 4.2 ADDENDA Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time specified herein or to provide revisions, additions, deletions, clarifications, etc. Addenda shall become part of and have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 4.3 CONFIDENTIAL_ INFORMATION Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFQ the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 4.4 QUESTIONS ANDIOR REQUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to Don Wixon, Procure mentlContracts Manager via email at dwixon(r�citvofsebastian.orq. Proposers must clearly understand that the only official answer or position of the City will be the one issued by the Procure mentlContracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, include locating information for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the RFQ. All responses to questions/clarifications will be published in the form of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR IN WRITING AFTER SAID DEADLINE (Thursday, April 7, 2022). Addendum(s) will be made available on the City's website, www.citvofsebastian.orq, or www.demandstar.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda. 4.5 PROPOSALS NOT CONSIDERED Proposers not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do not conform to the instructions contained in the Request for Qualifications. However, Proposals may be withdrawn by fax or email, provided that such notices are received prior to the Solicitation Opening date and time and confirmed by a telephone call. 4.6 LATE PROPOSALS Late proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of the unopened proposal. If this option is not exercised within five (5) days of the Solicitation Opening, the late unopened Proposal will be disposed of. 105 of 123 Page 10 of 27 (Mor SEBASYIAN RFQ #22-06 HORSE OFPEUCANISLAND DESIGN -BUILD -- BUILDING DEPARTMENT OFFICE IMPROVEMENTS 4.7 SOLICITATION OPENING Solicitation opening will ONLY be held for the design and construction of Building Department Office Improvements. 4.8 PROPOSAL GUARANTEE After a GMP Proposal is negotiated, the Proposer warrants that the unit prices, terms, and conditions quoted in the Cost Proposal and Schedule of Values will be firm for acceptance for a period of not less than ninetv (90) days from the solicitation opening date. Such unit prices, terms and conditions Shall remain firm for the contract Deriod. 4.9 REJECTION OF PROPOSAL The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW F.S. 287.055 (5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional Proposals. More than one Proposal from an individual, firm or association under same or different names, will not be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the Proposers, and no participants in such collusion will be considered in future Proposals for the same work. 4.10 CORRECTIONS. CANCELLATION. & WITHDRAWAL Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. 4.10.1 Waiver of Technicality: Information shall not be considered after the solicitation opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFQ. THE CITY MAY WAIVE ANY INFORMALITY, TECHNICALITY, OR IRREGULARITY ON ANY PROPOSAL, IN IT'S SOLE DISCRETION. A minor or non - substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. 4.10.2 Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. 4.10.3 Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFQ in its entirety prior to award. 4.10.4 Withdrawal: Prior to any published proposal opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. 4.10.5 Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the Proposal provided that it is in writing, in a sealed envelope, and identified. 4.11 EXCEPTIONS TO SPECIFICATIONS Request for exceptions to the specifications shall be listed in the Proposal and shall reference the section. Any exceptions to the General or Special Conditions may be cause for the Proposal to be considered non -responsive. 4.12 SUBCONTRACTORS AND EMPLOYEES The Proposer is required to identify any and all Sub -consultants that will be used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of Work to be performed by their Sub -consultants. 106 of 123 Page 11 of 27 !_MCM�v RFQ #22-06 WMEOFPEUCANISLANO DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS 4.13 RFQ AWARD The contractlagreement will be awarded to the most responsive and responsible Proposer(s) whose proposal, conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and DemandStar. 4.14 WAIVER OF IRREGULARITIES The City, in its sole discretion, may waive minor informalities or irregularities in Proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price or terms of the Proposer by giving a Proposer an advantage or benefit not enjoyed by other Proposers. 4.14.1 In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. 4.14.2 The Proposer(s) who are selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. 4.14.3 Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. 4.15 DELETION OR MODIFICATION OF SERVICES The City reserves the right to delete or modify any portion of the contracted services at any time without cause, and if such right is exercised by the City, the total costs shall be adjusted at the same ratio as the estimated costs of the Services. 4.16 AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City of Sebastian City Council. 4.17 COUNCIL MEETING The Proposer must be available to attend City Council meetings, when required. The Proposer must be prepared to answer any questions and/or provide a presentation, if requested, by City Council and/or by an authorized City representative(s), The awarded Proposer is not required to attend the City Council meeting for the approval of the rankings, but attendance is welcome. The date and time of the City Council meeting will be publicly noticed. 4.18 NOTICE TO PROCEED The Contractor shall not commence any Work, nor enter a Worksite, until a written Notice to Proceed (NTP) directing the awarded Proposer to proceed with the Work has been issued by the City; provided that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this RFQ and resulting Contract. 4.19 METHOD OF PAYMENT 4.19.1 Florida Promat Payment Act Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes. 4.20 SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Proposals, Contractors or Vendors doing business with the City are NOT exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 107 of 123 Page 12 of 27 RuuRrr ASTLA �Q Yr RFQ #22-06 HOME OFPEUCANISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS 4.21 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this RFQ can be terminated immediately for cause if Proposer/Contractor is found to have failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written notice to the Proposer. In the event of termination, the Proposer/Contractor shall be compensated for all services performed to the City's satisfaction. The City shall be sole judge of non-performance. 4.22 CO-OPERATIVE/PIGGYBACK PURCHASING It is the intent of the Request for Qualifications to secure goods or services to be used by the City of Sebastian. However, by virtue of making this Proposal, the Proposer accepts the right of other Government Entities to "piggyback" purchase from this proposal by mutual consent and where applicable by law. Any such purchase shall be separate and apart from the City of Sebastian, and the City assumes no liability for such action. 4.23 DISCRIMINATION The Proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 4.24 PUBLIC RECORDS Section 119.01 Florida Statute, The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all Proposer' responses shall be deemed to be public record subject to public inspection and copying at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. 1F THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT, JEANETTE WILLIAMS, THE CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-82I5 1 EMAIL JWILLIAMS(a'CITYOFSEBASTIAN.ORG, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 4.25 PUBLIC MEETING EXEMPTIONS In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements. However, a complete record shall be made of any portion of the exempt meeting; no portion may be held off the record. The recording of and any records presented at the exempt meeting are exempt from Fla. Stat. §119.071 until such time as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to Section 119.01 Florida Statute, The Public Records Law. 4.26 PROTEST PROCEDURE Any Proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the Proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, within seven (7) calendar days of initial decision. The decision of the City Manager shall be final. 108 of 123 Page 13 of 27 0 , EBA I! -� RFQ #22-06 HOME_ PEUCANISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a final determination on the record that the award of a contract is necessary to protect substantial interests of the City. SECTIONS REFERENCED ON NOTIFICATIONS AFFIDAVIT ON PAGE 24 4.27 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers/Contractors/Consultants must disclose within their proposal to the City of Sebastian the name of any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City"). Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. 4.28 NO LOBBYING All Proposers/Contractors/Consultants or, and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City of Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City of Sebastian, Mayor, and City Council have made a final and conclusive determination. 4.29 NO COLLUSION Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached Request for Qualifications, and of all pertinent circumstances respecting the provision of the goods or services to the City of Sebastian. The Proposal, or offer being made is genuine and is not collusive or a sham. By submitting a response to this RFQ, Proposer certifies that all information contained in the proposal is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this proposal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. 4.30 IMMIGRATION LAWS The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in solicitation documents. 109 of 123 Page 14 of 27 Ma SE�TLAN RFQ #22-OG HOME OFPEUCANrsLMD DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS 4.31 DRUG -FREE WORKPLACE In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies the following: 4.31.1 A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 4.31.2 Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 4.31.3 Employees are notified that as a condition of working on the commodities or contractual services being solicited, they will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. 4.31.4 The employer imposes a sanction, or requires 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. 4.31.5 Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. 4.32 PUBLIC ENTITY CRIMES A "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. "Affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (1) A predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. Proposer certifies that neither the entity proposing, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this proposal. 110 of 123 Page 15 of 27 Una RFQ #22-06 HOME OFPEUCANI ND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS 4.33 DEBARMENT AND SUSPENSION Proposer certifies to the best of its knowledae and belief that it and its principals: 4.33.1 Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 4.33.2 Have not within a three-year period preceding this application been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 4.33.3 Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4.33.4 Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this proposal. 4.34 SCRUTINIZED VENDOR Proposer certifies under penalties of Deriurv, as of the date of this solicitation to provide 000ds and/or services to the Citv of Sebastian, that it: 4.34.1 Does not participate in a boycott of Israel; and 4.34.2 Is not on the Scrutinized Companies that Boycott Israel List; and 4.34.3 Is not on the Scrutinized Companies with Activities in Sudan List; and 4.34.4 Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 4.34.5 Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of proposing on, proposing a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, Florida Statute, or are engaged in business operations in Syria. 4.35 PERFORMANCE EVALUATION A City designee will evaluate the services provided under this solicitation, noting the overall service performance of the Proposal/Contractor/Consultant. Firm acknowledges that performance ratings will be used to evaluate the Proposal's/Contractor's performance and conformance to contract requirements, specifications and standards of good workmanship. END OF SECTION 111 of 123 Page 16 of 27 CM Of SEA' RFQ #22-06 HOME OF PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENT'S SECTION 5 -- REQUIRED FORMS PROPOSAL CHECKLIST Please use the following checklist as a reference to confirm all requirements are met in your RFQ. The proposal shall be limited to no more than twenty (20) pages (NOT including required forms). Ary responses exceedina twentv (20) oaaes. NOT including the reauired forms, will be considered non- responsive and not considered for award. Cover Letter (Refer to Section 2.1) Table of Contents (Refer to Section 2.2) QUALIFICATIONS Firm Qualifications (Refer to Section 2.3) Team Qualifications (Refer to Section 2.4) SIMILAR DESIGN -BUILD PROJECTS List any Similar Design -Build Projects you company has completed within the last five (5) years (Refer to Section 2.5) Intended Schedule & approach: completion of work by Friday, November 18, 2022. Once the Notice to Proceed (NTP) is issued, Time is of the Essence for Full Completion. (Refer to Page 8, Section 2.6) Technical Approach for completing this Design Build project (Refer to 2.6) REFERENCES Reference Letters (Refer to Section 2.7) REQUIRED FORMS (Refer to Sections 2.8) Contact Information Sheet - FORM A Addenda Acknowledgment -FORM B Sub-Consultant/Contractor List - FORM C Reference List - FORM D Proposers Disclosure - FORM E E-Verify -FORM F Notifications Affidavit - FORM G Proof of Insurance, Refer to Section 2.9, Page 8 Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation from prospective Proposers. It simply serves as a reference or guide for the most significant documents to be included in the proposal and should be enhanced as deemed necessary. It is solely the Proposer's responsibility to read and understand all requirements and adhere to all issued Addenda. 112 of 123 Page 17 of 27 SEBAaftel ST F__F oum- RFQ #22-06 HOME Of PEUCAN 151AND DESIGN -BUILD - BUILDING DEPARTMENT OFFICE IMPROVEMENTS CONTACT INFORMATION SHEET DUE DATE: Proposals are due on or before 2:00 SOLICITATION NO.: RELEASE DATE: CONTACT: PM Local Time on RFQ #22-06 Thursday, Don Wixon Wednesday, May 25, 2022 March 24, Procurement/Contracts Manager 2022 (772) 388-8231 dWxon@cityofsebastian.org Check Addenda for revised due dates before submitting your Proposal, Late Proposals will not SOLICITATION TITLE: bDESIGN-BUILD e accepted. Building Department Office Improvements Firm's Name and "Doing Business As", if applicable: I Federal Tax Identification Number: Address: City: State: Zip Code: Telephone No: I Fax No: E-Mail Address of Authorized Representative: MINIMUM REQUIREMENTS Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award (refer to page 5, Section 1.2). By placing a checkmark next to each requirement, Proposer is confirming the requirement is met. €Currently licensed in the State of Florida as a Professional Engineer in accordance with Section 471.023, Florida Statue; and €Office within 150 miles of Citv Hall in which the work will be done; and €A minimum of five (5) years` experience in Design -Build Office construction; and €Experienced and qualified team of professionals capable of performing the required services; and €Insured and meeting insurance requirements applicable to perform the services PROPOSAL CERTIFICATION I certify that I have carefully examined the RFQ document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this proposal is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on behalf of the company named above and that the company is ready, willing, and able to perform if selected. Printed Name Title Signature Date The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities. Failure to fullv complete and submit this Information Sheet may result in resection of the proposal 113 of 123 Page 18 of 27 M� FORM SEBASTIAN >a RFQ #22-06 HOME OF PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENT'S ADDENDA ACKNOWLEDGEMENT Proposer's Name: Phone #: RFQ Title: Design -Build — Building Department Office RFQF #: 22-06 Improvements Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their Proposal to be considered non -responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231. ADDENDDUM # 1 2 3 4 5 6 l S 9 10 DATE RECEIVED No Addenda was received in connection with this solicitation. Signature: Title: Print Name: Date: Failure to fL1IIV complete, sian and submit this Form may result in reiection of the DrODosal 114 of 123 Page 19 of 27 1 2 3 4 5 6 In It SEBAST]AV HOME OF PELICAN ISLAND Proposer's Name: RFQ Title: FORM C RFQ #22-06 DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS SUB-CONSULTANT/CONTRACTOR LIST Phone #: Design -Build — Building Department Office Improvements RFQ #: 22-06 NOTE: List all sub-contractors/consultants. If sub -consultants will not be used on this agreement, check the box below. Form must be submitted with your Proposal. Use additional sheets if necessary. The City's selection of the Proposer will be based, in part, on the qualifications and capabilities of their defined sub -consultants, which acts as a substantial inducement and material consideration in the selection. Unilateral changes of sub -consultants anytime during the process, and after award, will not be authorized unless specifically approved in writing by the City. The City reserves the right to reject any Proposals if the Proposer names sub -consultants who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. Company Contact Telephone Name Work To Be Performed person Number l affirm that Sub-contractor/consultants will not be used to complete projects under this agreement. Signature: Title: Print Name: Date: Failure to fully complete, sian and submit this Form may result in reiection of the proposal 115 of 123 Page 20 of 27 FORM SEBT1A�y D RFQ #22-06 HOME OFPEUCANI CANOD DESiU1N-ts(JILD - BUILDING DEPARTMENT OFFICE IMPROVEMENTS REFE)3ENlQE LIST ProppApr's Name; List a minimum of three (3) client references who can speak to the Proposer's experience and performance, within the last five (b) years. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect the Proposer will lose points awarded for this criterion. Roforonrrn 11 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): -------- .- --- -- Contact Person: Contact Number: Email Address:_ - Dates of Service: J Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Failure to fu)lv comalerg artd subn74tthj§ L1S1 may re,5);)t jn reigr,V1on of the prgpQ§;,al 116 of 123 Page 21 of 27 SEBASTIAN FORM E RFQ #22-06 HOME OF PELICAN ISLAND DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS PROPOSER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: ( ) An Individual ( ) A Partnership ( ) A Corporation Proposer's License No., ifaanlicable: `Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any her reg I tory agency or professional association within the last five (5) years? YES L NOn (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services our firm provides in the regular course of business within the last five (5) years? YES N Non (3) Has your firm had against it, or filed any request for, equitable adjustment, contract claims, proposal protest, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES n NO (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. 1 hereby certify that all statements made are true and 1 agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Date Failure to fully complete, sian and submit this Disclosure may result in reiection of the or000sai 117 of 123 Page 22 of 27 ` FORM ■-" ' "� o qr F RFQ #22-06 HOME OFPEUCANISLMD DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS E-VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: httiD:llwww/dhs.gov/E-Verifv. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Consultant). "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub - Vendor or Sub -Consultant). Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: ■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Vendor/Contractor/Consultant becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 7 year after the date of termination. hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: Authorized Name: Title: Signature: Date: ************************************************************************************************************************ State of County of This instrument was acknowledged before me on (Date) Notary Seal] - Notary Public Signature Failure to fully complete. sian and submit this Affidavit may result in resection of the proposal 118 of 123 Page 23 of 27 on LT STLAN G RFQ #22-06 WME OF PEUCAN 'smD DESIGN-BUILD —BUILDING DEPARTMENT OFFICE IMPROVEMENTS NOTIFICATIONS AFFIDAVIT I, , (Print Authorized Name) (Title) of (Company Name) Affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension • Scrutinized Vendor • Performance Evaluation Signature: State of County of Date: The foregoing Affidavit was acknowledged before me on (DATE). I Notary Seal E Notary Public Signature Failure to fullv complete, sign and submit this Affidavit may result in resection of the proposal , 119 of 123 Page 24 of 27 CM or SEBAM RFQ #22-06 HOME OFKUCMISLMD DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENT'S FORM "H" SOLICITATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: Company Address: Phone No: Please tell us how you found out this Request for Qualifications was released/available (mark all that applies): Indian River Press Journal (TCPalm) DemandStar/Onvia City of Sebastian Web Site Other (please specify below) END OF SOLICITATION FORM 120 of 123 Page 25 of 27 MIX SEBASTIAN RFQ #22-06 HOME OFPEUCAMISLA14D DESIGN -BUILD - BUILDING DEPARTMENT OFFICE IMPROVEMENTS REQUEST FOR QUALIFICATIONS #22-06 DESIGN BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENTS SAMPLE DESIGN After selection, Design Build Firm (DBF) will meet with the Building Official to develop a conceptual design and determine if the budget will support construction of the design. If necessary, the DBF will value engineer the design to ensure the project can be built within budget. DBF will develop Final Plans for submission to the Sebastian Building Department for permitting. DBF will pay all permitting fees. PROJECT: Remodel of front counter space, install ballistic grade glass with sound (talk -through) transmission for approximately twenty-four (24) feet, and four (4') feet high, and create new office space. Building Department front service counter will be moved back approximately three feet (3') to allow space for customer seating. Service counter will be lowered to meet accessiblity standards. Service counter will consist of ballistic grade drywall or equivelant with ballistic grade glass above. Wall to file room will also be moved back to accommodate work space needed for employees. The space currently being used for scanning will be converted to an office. Door openings will need to be adjusted and/or relocated as necessary to accommodate the changes. Electrical, mechanical and fire sprinkler heads will need to be added and/or relocated as needed. • Front counter modifications to include: o Relocation of front counter to allow customer seating that will meet accessibility standards. Provide new employee work stations. o Front counter will consist of ballistic grade drywall or equivalent with ballistic grade glass with sound (talk -through) transmission approximately twenty-four (24) feet, and four (4') feet high. The remaining portion of the width of the counter will be made into a display area. o New tile to match existing in corridor and new carpet in employee work area. o Relocate and/or add electrcial, mechanical and fire sprinkler heads as needed. o Modify door openings as needed. Door to file storage room will be relocated to new office. • Work room wall modifications and new office area to include: o Work room wall will be relocated to accommodate the shifting of the front counter and the clearance needed for employee work stations. Cabinets and shelving attached to this wall will be reinstalled once wall is moved. Existing door will be re -installed in new location. o Scanning area will be converted into an office. Door from file storage room will be relocated to the new office space. New fixed glass window will be provided. o New carpet will be installed in all affected areas including work room. o Relocate and/or add electrcial, mechanical and fire sprinkler heads as needed. • Design to meet all requirements of the Florida Building Code • Ballistic Glass purchased through City Direct Purchase Order (DPO) • Work progression will need to be coordinated with staff to ensure no interuptions in customer service Proposed Schedule: o Plans completed for Building Permit Review —June 2022 o Begin Construction — July 2022 o Project Completion — October 2022 121 of 123 Page 26 of 27 crria SEBASTIA RFQ #22-06 HOME OF PEUCAN ISMID DESIGN -BUILD — BUILDING DEPARTMENT OFFICE IMPROVEMENT'S General Contractor and all Sub -Contractors shall be licensed in the State of Florida and shall be registered with the City of Sebastian. The firm awarded the Design -Build contract will develop conceptual plans and budget estimates for review by the CITY before moving forward with engineered final plans. The firm awarded the Design - Build contract is responsible for securing a building permit in compliance with City of Sebastian building codes as well as payment for all permit fees. 122 of 123 Pale 27 of 27 RFQ#22-06, DESIGN -BUILD, BUILDING DEPARTMENT OFFICE IMPROVEMENTS Evaluation Committee Ahrens Company Building Time Construction Michelle Faulkner 370 480 Jeff Sabo 330 340 Wayne Eseltine 260 340 TOTAL 960 1,160 123 of 123