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Home My WebLink About01-11-2023 CC Agenda,11) 0 SEBAST�1 .dl& HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 11, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY S REBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS, BRIEF .ANNOUNCEMENTS Presentations ofpr•oclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Citv Attornev Presentation pgs 6-12 i. Florida Government in the Sunshine Bri el Ann ouncements: January 16 — City Hall Closed in Observance of Martin Luther King Day January 14 - Craft Club of Sebastian at Riverview Park — IOam — 3pm Fellsmere Frog Leg Festival - 22 S Orange St, Fellsmere: Thursday, January 19from 4-11pm Friday, January 20from 4-11pm Saturday, January 21 from IOam-IIpm Sunday, January 22 from Ham-6pm Sebastian Fine Art & Music Festival — Riverview Park - January 21 & 22 1 of 188 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 by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 13-23 A. Approval of Minutes — December 14, 2022 Regular City Council Meeting pgs 24-27 B. Approve the Purchase of Two Skydio Autonomous Drones from ADS, Inc. in the Amount of $20,143.94 for the Sebastian Police Department (Transmittal, Quote, Contract Amendment) pgs 28-37 C. Approve Snow's Space Coast Superior Event "Sweet Tea Sip & Stroll" Event - Open to the Public at Riverview Park on: January 28, 2023 from 9:30 am to 5:00 pm January 29, 2023 from 10:00 am to 4:00 pm 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. pgs 38-51 A. Citizens Budget Review Advisory Board (Transmittal. Annlications. List. Advertisement) Fill Two Additional Member Positions — Terms to Expire November 2023 pgs 52-58 B. Indian River Countv Citizens Oversight Committee for School Planning (Transmittal. Annlications. List. Advertisement) i. Fill One Sebastian Representative Position 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS pgs 59-91 A. Discussion on the Purchase of the Sembler Properties Located at 1527 and 1528 Indian River Drive (Transmittal, Emails, Sale Info, FS166.045, Charter Sec. 1.02, Amoritization Schedule, DST Projected Balances) 2of188 pgs 92-98 B. Discussion of Stormwater Codes Related to the Building of Newer Homes on Adjacent Existing Properties (Transmittal, Code Compilation) 12. NEW BUSINESS pgs 99-146 A. Resolution No. R-23-01 — Approved a Collective Bargaining Agreement to be Effective October 2, 2022 to September 30, 2025 Between the City of Sebastian and the International Union of Police Associations, AFL-CIO Local 6053 (Transmittal, R-23-01, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A THREE (3) YEAR AGREEMENT FOR ALL FULL- TIME PERMANENT POLICE OFFICERS AND POLICE SERGEANTS BETWEEN THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, (1UPA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2025; AUTHORIZE THE CITY'S RATIFICATION AND CAUSE SAID THREE (3) YEAR AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. pgs 147-148 B. Approve the Purchase of Eighty (80) New Golf Carts with Full GPS from Club Car, LLC in the Amount of $528,640.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Ex. A) pgs 149-186 C. Authorize the City Manager to Execute the Walmart Opioid Settlement Agreement and Appropriate Documents (Transmittal, Agreement, Ex. C, Chart) pgs 187-188 D. Review and Consider 2023 Council Meeting Dates (Transmittal, Calendar) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Nunn B. Council Member Dixon C. Council Member Dodd D. Council Member McPartlan E. Mavor Jones i. Harbor Lights Motel Property - 1215 Indian River Drive 17. ADJOURN (All meetings shall adjourn at 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) 3 of 188 NO STENOGRAPHIC RECORD BY 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@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/j/89147937786 Or One tap mobile: US: +13052241968„89147937786# or +19294362866„89147937786# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 305 224 1968 or +1 929 436 2866 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 646 9313860 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 4580 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 or +1 386 347 5053 Webinar ID: 8914793 7786 International numbers available: https://us02web.zoom.us/u/kctDZpvfd3 4 of 188 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 Input is NOT ALLOWED under the headines: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. 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 188 Florida Government in the Sunshine 1xJW aAi41. January 11, 2023 1�1 •i City Council Meeting Prepared by: Office of the City Attorney City of Sebastian �l What is the Sunshine Law? . Florida's Government in the Sunshine Law, also called the Qp- n Meetings law, provides a � right of access to governmental proceedings. The Government in the Sunshine law is such an important part of Florida law that it is constitutionally guaranteed at Article I, Section 24 (b) of the Florida Constitution. Open Meetings Requirements Unless these three requirements are met, two or more members of the same board, council or commission may not discuss any matter on which foreseeable action will be taken by that board, council or commission. Topics for Review • Florida Government in the Sunshine: Open Meetings • Public Records • Quasi-judicial Review • Specific Charter Provisions - NEW Open Meetings Requirements: Florida Statute 286.011 1 Three Simple Requirements: ' 1. Meetings of public boards, councils and commissions must be open to the public; 2. Reasonable notice of such meetings must be given; and 3. Minutes of the meetings must be taken. Who is covered under the law? • Councils, boards and commissions of state agencies, counties, municipal corporations and political subdivisions • Elected or appointed boards or commissions. • Private companies doing business on behalf of a government agency. + One person acting on behalf of a boar or commission or acting as liaison between boaW members, or acting in the place of the board or its members at their direction. Does the Open Meetings law apply to members - elect? Yes. Members -elect of public councils, boards and commissions are covered by the Sunshine Law immediately upon their election to public office. Open Meetings Sanctions ' J • An unintentional violation: non -criminal infraction punishable by a fine up to $500.00 • A knowing violation: Znd degree misdemeanor ppunishable by a fine of not more than $500.00 and/or a jail term of not more than 60 days • Suspension or removal from office • Attorney's fees and court costs What is a public record?^ . The Florida Supreme Court has determined that public records are all materials mWr e ived by an agency r cares �ll� �m�to ls which are used to oerne[ud1�"Cilrt ruralize Knowledge. • IAW Section 119.011(12), F.S., defines "Public Records" to include: AAII documents, papers letters, maps, books, tapes, photographs, fi(ms, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency" . All considered public records subject to inspection Iunless a statutory exemption Can two members of the same public board socialize? JIM4 r. Yes, Two members of the same board may socialize, but they may not discuss matters which may come before the board. Be careful to avoid the appearance of impropriety. Florida's Public Records Law Florida's Constitution guarantees the access to Government Records in Article I, Section 24(a) What about emails? An email sent to or from a work or home computer is a public record if it is -rs oLLr The Florida Supreme Court has ruled that �g g1ail rto i1�r�p, ived in the FLO ��(J , iI^ Lrfeeccord just because it is stored in a government computer. To be considered a public record, such email What about Emails, Text or Social Media • Emails/text: - Email/text the military about drill from my city laptop or cell NOT a public record b/c It does not relate or pertain to the public or City business. - Email/text to City Manager from my personal laptop or cell pertaining to the Annexation Agreement IS a public record b/c it relates to the public or City business • Text Messages (Recommend): Should be short and to the point. Avoid anything of substantive in nature Social Media; NOT Public business (Private) • Meeting Dotes? • Cellphones on the Dais? Summary of Open Meetings Law and Public Records Law • Open Meetings Law: No interaction with another member of your same council, board or commission except during an y?�# 5 MWEdi wherei utes a (dPfili� d r vl+ s Law: Council, board ;and commission members must not dis osf anmaterials made or received that r@@ p i business. Instead, allsuch pubiiL+l d3 shou�e provided to the City Cler for retention pursuant to state requirements. • When in doubt, contact the Clerk's office or the City Attorney's office with any questions. What is the difference between quasi-judicial g J and legislative actions? • Decisions that set general policy rather than implement or apply policy are legislative, • Decisions that implement or apply an adopted policy are quasi-judicial • Examples of quasi-judicial matters: rezoning, site plan approvals, development plan approvals, appeals of administrative decisions, code enforcement proceedings, Lien Reduction and variances. How long do public records have to be retained by the local government? The state Bureau of Archives and Records Management publishes a r Cit i 1�Fl. file Ot1r ilty oversees the retention of all City records. Please provide copies of all public records to the City Clerk. Quasi -Judicial Review Procedure In 1995 the Florida Supreme Court changed the way local governments review and process land use decisions and other decisions that apply adopted policy. This court decision dramatically changed your jobs as decision -makers, placing you in the role of a judge when deciding quasi- judicial matters. This change in the law applies to quasi-judicial hearings before the City Council, the Board of Building Appeals, the Code Enforcement Board, the Planning and Zoning Board, the Architectural Review Board and the Historical Preservation Commission. So why does it matter? in a quasi-judicial hearing is where decisions implementing an adopted policy are considered: • You are acting in a quasi-judicial role, similar to a judge in a courtroom. • The decision you reach must be supported by competent substantial evidence. • • You must apply the applicable Jaw to the facts and evidence presented in the hearing. • quasi-judidal hearings require that due process be afforded. . Ex-parte communications should be avoided/disclosed. What does Competent Substantial Evidence mean: When a decision is quasi-judicial, the decision must be supported by competent substantial evidence. The Florida Supreme Court definition is: "The evidence... that is sufficiently relevant and ma eria! that a reasonable mind would accept it as adequate to support the conclusion reached." Relevant Material Reasonable What is NOT Competent Yi Substantial Evidence? • Mere statements/opinions of public suppdrt or opposition. • Attorney argument unless the attorney establishes on the record additional educational background or employment experience in the field at issue. • "Expert" testimony from non -staff professionals who do not state on the record the education or experience they are claiming to have. • Letters, documented phone calls, emails or petitions where there can be no cross- examination by the parties. Recommendation about Findings of Fact? • During the discussion and deliberation portion of the quasi-judicial hearing, the, council or board is strongly encouraged to discuss the evidence and testimony presentedts as it relates to acand to the Code or Ordinances criteria, and base a decision upon those specific, stated, factual findings. • Findings of Fact should be recited in the emotion for inclusion in the Final Order. Examples of Competent Substantial Evidence 1 Professional planning staff and Planning and Zoning Board opinion/comments where there are facts in the record to support those opinions. Professional expert opinion supported by facts the expert knows or has reviewed. Non-professional lay -person opinion that is fact -based on issues that are not highly technical or scientific. Must the Council, Board or Commission make a Finding of Fact? aw . Legally, no. The Florida Supreme Court has stated that findings of fact are not required in quasi-judicial proceedings. HOWEVER...... • Practically speaking: YES! A hearing record that includes a coherent finding of facts based upon competent substantial evidence tends to be ,. p&eid by the courts on appeal. ue Process and how does it fit in to a Quasi -Judicial Decision? ;� „ ♦c j • Due Process means following the established rules set up for the enforcement and protection of private rights. • Quasi -Judicial Hearings meet basic Due Process requirements if the parties are provided notice, provided an 0000rtunit to be heard, and allowed to present evidence and cros earingi�� yYA�P S�sho We also require swearing-i tl' Cl L�+ Dv ..Spp4 or testify at the hearing. What is an ex-parte • 411 communication? �,' • It is a communication made outside of the hearing and off the record. Such a communication makes your final decision subject to a presumption of prejudice. Imagine someone who will be appearing before a judge in a court of law talking to the judge about the case before the hearing . Ex-parte communications include: all forms of communications, investigations, site visits and expert opinions. a The safest course of action by a decision -maker is to avoid ex pate communication, if possible. Just say no when someone wants to discuss a pending quasi-judicial matter with you outside of the council chambers. It protects you and it protects the proceeding! 2 Is there a special way we conduct Quasi -Judicial proceedings at the City of Sebastian? Yes, The City Attorney's Office drafted Resolution 20-35 re-establishing the procedures for a Quasi -Judicial Hearing and an Order of Proceeding that the Mayor or Chairman follows to make sure that the strict requirements of a quasi-judicial hearing are met. A copy of the Order of Proceeding is provided to the Mayor Chairman at all the Quasi -Judicial Hearings. City of Sebastian Charter P 1 Provisions IA 2.02 - Eligibility 2.04 - Term Commencement 2.06 - Mayor; Vice Mayor 2.07 - General Powers and Duties 2.10 - City Council -Employee Relationship 2.11 - Investigations 2.12 - Procedure 2.13 - Emergency Ordinances 3.02/3,03 - Appoint and Removal of Charter Oficers 3.04 - City Manager; Powers and duties 3.05 - City Clerk 3.09 - City Attorney What happens if there is an ex- parte communication? • Ex-parte communications must be disclosed by the council or board member before or during the quasi-judicial hearing. (Ex-Parte Communication Form) • Thus, providing an adverse party a reasonable opportunity to confront, refute, respond to and/or rebut any such disclosure to prevent the appearance of impropriety. F.S. 286.011S �m Summary of Quasi-judicial Hearings/Proceedings • Decisions that apply an adopted policy are quasi- judiciaL • Procedures for a Quasi -Judicial Hearing/order of Proceeding - adopted pursuant to R-20-35 • In a quasi-judicial hearing, elected and appointed officials act as "judges." • The decision you reach must be supported by competent substantial evidence, the applicable law must be followed, and due process must be afforded. • Ex -pane comnunlications should be avoided, and it they occur, should be disclosed on the record., City of Sebastian Charter Provisions 2.02 - Eligibility 1 year Residency Requirement 2.04 - Term Commencement > The terms of newly elected council members shall commence when they are sworn In immediateiy prior to the first regularly scheduled city council meeting held following certification of the election results. 2.06 (b) - Mayor - Duties Mayor shall preside at each meeting or the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. i The Mayor shall have the power to derlara a stabs of local emergency, preserve the peace and order, be recognized as the head of the city aovernment for all ceremonial purposes... The Mayor shall sIga_altAt4laWXe5= resolptions and proclamations of the city council or other documents as requ!red by law on be€jal.r or the city as directed and authorized by the city council. I City of Sebastian Charter 4 Wig Provisions 2.06 (d) - Vice - Mayor - Duties In the absence or disability or the Mayor, the VIM -Mayor shall serve as Mayor during such absence or disability. > In the absence or disability of both the Mayor and Vice -Mayor, me senior member of City Council shall serve as Mayor during such absence or disability. 2.06 (e) - Vacancies % In the event the Office of Mayor shall become vacant during the course of a term, the Vice -Mayor shall succeed to the Omce of Mayor. In the event the office of Vice -Mayor shall become vacant during the course of a term, a new Vice -Mayor shall be chosen as the first order Of business at the next council meeting. at City of Sebastian Charter Provisions 2.11 - Investigations : The city council may make Invesggatlan5.Jnta the alFalrs of the city d4ltLtb.2Sp. uM of anv ttity deoa�mgnt. Office ar adg(tsy and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. 2.12 - Procedure The city council shah meet regularly at least once a month. SReclal meet!_ngs-may he hold on the call of the 1pal gCgCa.lY min lc I mgrnbr limited to one topic, There shall be at least 24 hours advance notice of any special council meeting called and shall only be held after 5 p.m. e Voting may be by voice vote, eyNot on aoorooriatlon of funds, QC0.inan.ee..or i;all_o(_gnv CM (roll call). No action of the city counind shall be valid or binding unless by the afnrmative vote of three (3) or more council members (quorum). sa City of Sebastian Charter .Provisions A 3.04 - City Manager; Powers and duties The City Manager shall be the Chief administrative officer or [tie City. (Review a-g) 3.05 - City Clerk The City Clerk shall give notice of city council meeting members and the public, keep the journal of its proceed n perform such other duties as are assigned to the clerk by this Charter or by the city council. 3.09 - City Attomey City Attorney shah serve as chier legal advisor to the city toll and all city departments, offices and agencies; shah represent the city In all legal proceedlrigs; and shall perform any other duties prescribed by this Charter or by ordinance. The flI r�rTt Dl!EI17tYSi have autharitv^tg retain adell ...i .... ' 1 � 1Tl IREIE A or proceedings In its discretion. City of Sebastian Charter Provisions 2.07 - General Powers and Duties : All powers of the c" shall be vested in the city council, except as otherwise provided by law or this Chat(pt, and the City Council shall provide for the exercise thereof and for the performance of all duties and cb)igations imposed On the city by law 2,10 - City Council -Employee Relationship 'r City Council nor any of its members shall... dictate the appointment or removal of any city employee except the charter officers City Council nor any of its members shall give orders to any employee, other than city council orders to a charter officer, The City Council or its members shall implement all policy matters through the appropriate charter officer. .Y City of Sebastian Charter Provisions PrIelp-PAP" 2.13 - Emergency Ordinances A public emergency affecting J)jpr (t{�7Jjhr D MAY yr jJ)Ar peace. the city counch may AMPI NA7/ etflkffjL Ordinances (may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation). Affirmative vote of at least 4 members. Shall automatically stand fopealed as of the Is day.. 3.02/3.03 - Appoint and Removal of Charter Officers Charter officers shall be appointed and serves at the pleasure of the city council. Any Charter officer may be removed from office for cause, or without cause pursuant to the terns of an employment agreement, by a majority vote of the entire city council. (Notice of Charges, Hearing, majority vote) City of ;ebastian Charter revisions asl• Article IV: Elections (Filing of Candidate; Special Elections; Canvassing Board; Procedure; Tie Vote; Interim Government) > Article V: General Provisions (Charter Review Committee) Article VS: Transition Update on the New Charter Pamphlet: Municode - We did not like the proof/product ABC Printing (VB) - Awaiting for a proof/quote Sunshine Florida 12 of 188 OT) X SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, DECEMBER 14, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular City Council meeting to order at 6:00 p.m. 2. Council Member Dodd said that Sebastian lost a favored son last week with the passing of Bill Simmons. Mr. Simmons served with him on the Planning and Zoning Commission as well as a Community Policing Volunteer for a number of years. He asked that Mr. Simmons and his family be thought of in their moment of silence. 3. Council Member Dixon led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Leisure Services Director Brian Benton Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer/Public Works Director Karen Miller Airport Manager Jeff Sabo Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS BriefAnnouncements: December 16 — Sebastian 's COPE Unit Movie Night Out — "Elf' at the Twin Piers — .5pm 13 of 188 Regular City Council Meeting December 14, 2022 Page 2 December 16, 17, 18 — "Winter Wonderland Event" — Riverview Park: Friday 6:O0pm Saturday 9:30am - 6pm Sunday 10am - 4pm December 17 — Wreaths Across America Ceremony at Veterans Memorial Park — noon December 23 & 26 City Hall will be closed for the Christmas holiday Vice Mayor Nunn announced the upcoming events and invited the public to help lay the wreaths at 10:30 a.m. at the cemetery prior to the ceremony on December 17. 7. PUBLIC INPUT John Norris, 566 Cross Creek Circle, suggested that they should all get together and make a bid to buy the Sembler property on Indian River Drive to protect the waterfront and its ambience. Terry McGinn, Miller Drive, said John Biedler, the district director for Indian River Mosquito Control for many years, is critically ill and asked the community to keep him and his family in their thoughts and prayers. Abigail Sullivan said she was excited to see what will happen in the City with the advent of the new council. Sarah Carlson said she spoke a few weeks ago regarding her property flooding from the newer home built next to her at a higher elevation. On Channel 5 news this evening, there was a segment with the same situation happening in Martin County and the builder was being held accountable instead of what she has been advised to do, which is to sue the homeowner next door. She asked for clarification on the disparity and if there were further steps that can be taken in her case. Grace Reed, Sebastian, said Saturday's Christmas Parade was awesome and suggested that trash cans be placed at certain points on Indian River Drive for future parades. Ms. Reed said she has seen a lot of negative comments on social media regarding the upcoming cost of replacing the decorative pavers when U.S. 1 will be resurfaced and asked if bricks or stamped concrete might be considered to lower costs. She also suggested that financial items on the consent agenda be introduced prior to approval for the benefit of the public so they understand what their tax money is buying. Bill Flynn, Main Street, asked Council to consider having the City maintain the culverts instead of the homeowners so the drainage would work better. Andrea Ring, Quarry Lane, said she too, would like to see the Sembler property purchased to preserve the waterfront. 14 of 188 Regular City Council Meeting December 14, 2022 Page 3 She also said she would like the City to require Indian River County to approve EPA systems when it comes to water and sewer. 8. CONSENT AGENDA A. Approval of Minutes — November 21, 2022 Regular Meeting 22.191 B. Approve the Repair of the Stormwater Department's 2016 Vacuum Truck by Southern Sewer Equipment Sales as Quoted for $17,105.87 (Transmittal, Quote, Certificate, Letter) 22.192 C. Approve the Purchase of One (1) John Deere 450K XLT Bulldozer in the Amount of $136,976 using the Florida Sheriff's Contract #FSA20-EQU 18.0 for the Stormwater Department and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quotes, Contract Documents) 22.193 D. Approve the Purchase of One (1) 2022 FORD F250 Regular Cab Pickup Truck with a Knapheide 8' SRW Service Body in the Amount of $46,607.40 from Using the Charlotte County Contract #2021000541 for the Public Facilities Department and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Estimate, Contract) 22.194 E. Approve Alcoholic Beverages for the Peralta Family Event at the Community Center on January 8, 2023 from 3:00 p.m. to 8:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 22.195 F. Approve Alcoholic Beverages for the Andrade Family Event at the Community Center on January 14, 2023 from 4:00 p.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 22.196 G. Approve Alcoholic Beverages for the Moesch Family Event at the Community Center on February 4, 2023 from 12:00 p.m. to 4:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) Council Member Dodd asked to pull Item C. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Consent Agenda Items A, B, D, E, F, and G. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 15 of 188 Regular City Council Meeting December 14, 2022 Page 4 Item C - John Deere 450K XLT Bulldozer for Stormwater Department Council Member Dodd explained that all items on the consent agenda are in budget and vetted and asked the City Manager to explain the necessity of the bulldozer purchase. The City Manager said this machinery that will go to the bottom of ditches to clean them out and push the debris to the end for removal; it helps to improve drainage. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve consent agenda item C passed with a unanimous voice vote. (5-0) 9. COMMITTEE REPORTS & APPOINTMENTS 22.034 A. Planning and Zoning Commission (Transmittal, Application, Oct 12 Transmittal, R-12-38) i. Consider New Appointee, Dennis Haddix's Term MOTION by Mayor Jones to waive the advertising requirement to fill the expired term of recently appointed Dennis Haddix and allow him to serve a full term on the Planning and Zoning Commission. It was SECONDED by Council Member Dodd and passed with a unanimous voice vote. (5-0) 10. PUBLIC HEARINGS 22.098 A. Remove from the Table - Second Reading/Public Hearing of Ordinance No. 0- 22-07 Petition for Voluntary Annexation — Graves Brothers Company (Transmittal. Survev. Ex. la & lb, Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 7e AVE ROW, NORTH OF 69T" STREET ROW, AND EAST OF 90TH AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to remove Ordinance No. 0-22-07 from the table. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye 16 of 188 Regular City Council Meeting December 14, 2022 Page 5 Motion carried. 5-0 Mayor Jones opened the hearing at 6:23 p.m. MOTION by Council Member Dodd and SECOND by Mayor Jones to continue the public hearing of Ordinance 0-22-07 to the February 8, 2023 City Council meeting. The City Manager stated that he anticipated having the annexation agreement a couple of weeks ahead of February 8d'. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 22.098 B. Second Reading and Public Hearins of Ordinance No. 0-22-13 - Request for Comnrehensive Plan Future Land Use Man and Text Amendment — Graves Brothers Comnanv (Transmittal, 0-22-13, Staff Report, Justification Statement, P&Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Jones opened the public hearing at 6:16 p.m. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to continue the second reading of Ordinance 0-22-13 to the February 8, 2023 City Council meeting. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 22.144 C. Second Readina and Public Hearing of Ordinance No. 0-22-14 — Petition for Voluntary Annexation — Man Caves(a).Sebastian, 11355 Old Dixie Hip-hwav, Sebastian (Transmittal. 0-22-14. Ex. 1. Attachment A) 17 of 188 Regular City Council Meeting December 14, 2022 Page 6 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 4.56 ACRES, MORE OR LESS, LOCATED SOUTH AND EAST OF VACANT PROPERTY, WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILTTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Jones opened the hearing at 6:27 p.m. and the City Attorney read the title to Ordinance No. 0-22-14. The City Manager advised this was the second reading and the only change since the first reading was to add the language of the 25 foot of right of way on the conceptual site plan for the expansion of Old Dixie Hwy. There was no public input and Mayor Jones closed the public hearing. MOTION by Council Member McPartlan and SECOND by Council Member Dixon to approve Ordinance No. 0-22-14 passed with a unanimous voice vote. (5-0) 22.144 D. Second Readine and Public Hearing of Ordinance No. 0-22-15 — Request for Small Scale Comprehensive Plan Future Land Use Map Amendment — Man Caves(a,Sebastian, 11355 Old Dixie Hip-hwav, Sebastian (Transmittal, 0-22-15, Staff Report, PZ/LPA Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG-GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF L- 2 (LOW DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 4.56 ACRES MORE OR LESS, LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT, AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR AN ADOPTION SCHEDULE. The City Attorney read the title of Ordinance No. 0-22-15 and Mayor Jones opened the public hearing at 6:30 p.m. The City Manager said the applicant was requesting the property be rezoned to commercial which is compatible with the surrounding area. There was no public input and Mayor Jones closed the public hearing. 18 of 188 Regular City Council Meeting December 14, 2022 Page 7 MOTION by Vice Mayor Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-22-15. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 22.144 E. Second Reading and Ouasi-Judicial Public Hearing of Ordinance No. 0-22-16 — Reauest for Rezoning — ManCaveseSebastian, 11355 Old Dixie Highway, Sebastian (Transmittal. 0-22-16, Staff Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CQ (COMMERCIAL GENERAL) WITH CURRENT ZONING DESIGNATIONS OF RM-6 (MULTI -FAMILY RESIDENTIAL DISTRICT, 6 UNITS/ACRE), FOR LAND CONSISTING OF 4.56 ACRES, MORE OR LESS, LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-16 and Mayor Jones opened the public hearing at 6:32 p.m. There were no ex parte communications to disclose by the Council Members and the City Clerk swore in those who were to provide testimony. Herb Green, Project Manager, CADjazz Engineering, said the applicant was excited to move forward and requested approval. The Community Development Director advised that staff supported the project's placement and value in the community and asked for approval. Council Member Dodd said now that the property in the City, the applicant might want to clean up the property a little bit. There was no one to speak in favor or against the request. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve Ordinance No. 0-22-16 passed with a unanimous voice vote. (5-0) 11. UNFINISHED BUSINESS - None 19 of 188 Regular City Council Meeting December 14, 2022 Page 8 12. NEW BUSINESS 22.197 A. First Reading of Ordinance No. 0-23-01 — Petition for Voluntary Annexation a 40.23 Acre Parcel Located at 8925 86 h Avenue — Set Second Reading and Public Hearing for April 12. 2023 (Transmittal. 0-23-01. Ex. 1. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-23-10. Rebecca Grohall, MBV Engineering, representing the applicant, thanked staff for their assistance in the application process and requested approval. Grace Reed, Sebastian, said she supported this as it will expand the tax base and be "a positive" for the City. MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to pass Ordinance No. 0-23-01 on first reading and set the second reading and public hearing for April 12, 2023 passed with a unanimous voice vote. (5-0) 22.198 B. Review Resolution No. R-21-32 City Council Meeting Procedures (Transmittal, R-21-32) It was the consensus of Council not to make any changes at this time. 22.199 C. Consider Joining the Florida League of Mavors (Transmittal. Info. Meeting Schedule) It was the consensus of Council not to join the League of Mayors at this time. 13. CITY ATTORNEY MATTERS 22.092 A. Indian River Countv Public Schools Citizen Oversight Advisory Committee (Memo) The City Attorney said he was advised by Ryan Sweeney, Indian River County Chief of Current Development that elected officials cannot sit on the Citizens Oversight Committee. It was noted that the City Clerk is advertising for a citizen appointee. 20 of 188 Regular City Council Meeting December 14, 2022 Page 9 22.189 B. Limiting the Number of Political Sims on Citv Pronertv During Early Voting (Memo. F.S.102.031. Code Sec. 54-3-16.5.0-16-05. Contract) The City Attorney cited F.S.102.031(4) (e) "The owner, operator, or lessee of the property on which a polling place or an early voting site is located, or an agent or employee thereof, may not prohibit the solicitation of voters by a candidate or a candidate's designee outside of the no -solicitation zone during polling hours." He advised that the signs are considered the solicitation of a vote and they must allow the signs if City Hall is a polling place. He went to say that Ashley Davis, Chief Deputy General Counsel, Florida Department of State confirmed that F.S.102.031(4) (e) would apply and the placement of signs in the ground is considered solicitation. There is case law to support this determination. He recommended leaving as it is for the two weeks of early voting if Council would like to hold early voting in 2024 or simply not allow early voting. Vice Mayor Nunn said everything that he has read indicates that the City can regulate everything that is outside the 150 foot voter protection buffer. Mayor Jones confirmed that if they allow early voting but prohibit the signs, there could be a legal challenge. Council Member McPartlan said if this was a big problem, the next time the Supervisor requests to hold early voting they can decide if they want to have early voting with the signs. It was the consensus of Council to allow the signs during early voting and give the residents the opportunity to vote at City Hall near their home. The City Attorney congratulated Council Member Dodd on his appointment as president of the Treasure Coast Regional League of Cities; and he wished everyone a Merry Christmas. 14. CITY MANAGER MATTERS The City Manager also congratulated Council Member Dodd for serving as president during the league's 100`h year anniversary. He said the City has reached an agreement with Police Department on union negotiations and they plan to start negotiations with the general employees tomorrow. He wished everyone a Merry Christmas and Happy New Year. 15. CITY CLERK MATTERS The City Clerk wished everyone a Merry Christmas as well. 21 of 188 Regular City Council Meeting December 14, 2022 Page 10 16. CITY COUNCIL MATTERS A. Mayor Jones Mayor Jones thanked everyone for wearing their Christmas attire tonight and decorating the offices throughout City Hall. He also congratulated Council Member Dodd on his appointment as president to the Treasure Coast Regional League of Cities and wished everyone a Merry Christmas. B. Vice Mayor Nunn Vice Mayor Nunn said it was an honor to see Council Member Dodd appointed as president. He thanked Boy Scout Troop 559 for attending the meeting tonight to see government at work. He wished everyone a Merry Christmas. C. Council Member Dixon Council Member Dixon said she was interested in taking up the City Attorney's offer to hold a training workshop. It was the consensus of Council to hold the workshop at the first meeting in January. She reported that at the County Commission meeting earlier in the day, she learned that they plan to hold a hearing next Tuesday to make the parks a smoke free zone. She said she would like to see how this works for the County and go from there. She thanked the City's staff and residents for a great Christmas parade full of holiday cheer. D. Council Member Dodd Council Member Dodd thanked the City Manager for wearing his diabolically nice Christmas outfit. He referred to the resident who spoke earlier in the evening regarding the newly constructed house next to her which is flooding her property and asked if it was possible to bring code issues back to Council to do something about that. Council Member Dixon and Vice Mayor Nunn agreed, noting Martin County might give the City a precedent to work with. He thanked the Leisure Services Director and staff for all of their hard work in putting the Christmas parade together. 22 of 188 Regular City Council Meeting December 14, 2022 Page 11 He wished everyone a Merry Christmas and asked everyone to pray for peace. E. Council Member McPartlan Council Member McPartlan congratulated Council Member Dodd and asked if staff was able to negotiate the Florida Department of Transportation contract for the U.S. 1 resurfacing. The City Manager said he was able to get the department to acquiesce on the items they had concerns about and they are willing to refund the City's deposit if the amount comes in too high to replace the decorative pavers. He reminded everyone that the public hearing for the new Sebastian Inlet Bridge would be held tomorrow night at the Sebastian Community Center at 5:30 p.m. He said the Sebastian River Area Chamber of Commerce's Light Up Night was very nice. He invited everyone to the wreath laying at 10:30 a.m., Saturday which is a very powerful event to watch the boys scouts approach the graves and pay their respect to the servicemen. He wished everyone a Merry Christmas and a Happy New Year. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 7:10 p.m. Approved at the January 11, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 23 of 188 MY OF BASTL _E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Agenda Item Title: Approve the purchase of two (2) Skydio Autonomous Drones. Recommendation: Staff recommends that City Council approve the purchase of two (2) Skydio Autonomous Drones from ADS, Inc. Skydio produces the only drones with real-time on -board 360-clegree obstacle detection and avoidance, 3D Scan adaptive scanning and autonomous data capture. Skydio is also one (1) of only five (5) companies approved for use by government agencies. The best value was obtained through pricing under the following State contracting numbers; GSA 47QSMA19D08QL Therefore, staff respectfully requests City Council to authorize the City Manager to execute the appropriate documents for the purchase of these drones. Background: The requested purchase is for two (2) Skydio Autonomous Drones, one (1) with thermal capabilities and one (1) without thermal capabilities. Thermal cameras can detect the heat signature from humans at a distance, providing officers with data they otherwise wouldn't be able to gather, with live updates to increase the safety and response decisions for on -scene officers. The thermal drone will also allow trained officers to conduct real time surveillance on a target location during law-light/evening hours. It can also be used to search for fleeing suspects, missing elderly or endangered adults or juveniles. The non -thermal drone is smaller and will be used to clear residences prior to the entry into unknown buildings to increase officer safety. By using this drone, it decreases the likelihood of officers getting injured by an individual or other hazards located inside various locations during certain instances. The drones can also be used in place of multiple officers to provide live video of a particular perimeter Iocation. The recommended vendor is the most advantageous to meet the required needs of the Police Department. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $22,050 Total Cost: $20,143.94 Funds to Be Utilized for Appropriation: PD General Operations Attachments: 1) ADS Quote 2) GSA Amendment of Solicitation/Modification of Contract Administrative Services City Attorney Review;/ Procurement Division Re City Manager Authorization Date: 24 of 188 N c!i O 0 00 OUR PURPOSE. YOUR MISSION. 621 Lyn nhaven Pkwy Ste 160 Vtrglnia Beach, VA 23452 PHONE: (757) 481-7758 FAX: (757) 481-7758 CAGE: ICAYO DUNS- 027079776 UEI: GJMSFIBCNMSK3 FEDERAL TAX ID: 54-1667268 BILL TO NAME SEBASTIAN FL PD ATTN: Timothy Wood ADDRESS 1201 Main St Sebastian, FL 32958 US TERMS - I DODAACITIH 30 NET QUOTE Q-390293 QUOTE NUMBER 0-390293 QUOTE DATE 1f4/2023 CONTRACT TYPE GSA 47QSMA190=1 � SHIP TO NAME SEBASTIAN FL PD ATTN: 'Timothy Wood ADDRESS 1201 Main St Sebastlan, FL 32958 US INSIDE SALEBREP OUTSIDE SALESREP ALOMBRO, MICHAEL HOUSE, VERTICAL -BUSINESS 757418-7513 DEVELOPMENTOR malambro@adsinc.cam MANUFACTURER ADS PART PART DESCRIPTION QTY COUNTRY OF LEAD OSA REMARKS UW PRICE EXTENDED PART NUMBER HUMMM ORIGIN TIIIIE PRIG~ SKYEK350M SKYEK350NA- SKYDIO 2 PLUS ENTERPRISE 1 United Status Open Market $1.950.00 $1.9w.00 4981486 KIT HARDWARE, NORTH AMERICA SKYCERNA SKYCERNA- SKYDIO CARE ENTERPRISE 1 United States Open Market $800.00 $800.00 4981486 SKYB35ONA SKY1335ONA SKYDIO 2+ BATTERY 1 United States Open Market I $115.00 $115.00 1 ! SKYX2EKIT102NA SKYX2EKIT102NA I SKYDIO X2E STARTER KiT 1 United States GSA 14,170.31 I $14,170 31 r 5GHZ EOIIR 47QSMA19DO501 S&L SKYX28AT100NA SKYX2BAT100NA SKYDIO X2 BATTERY 1 United States GSA $360M 470SMAI ODOSQI S&L SKYSAESW100 SKYSAESW100- SKYDIO AUTONOMY 1 United States Open Market $749.00 4981486 ENTERPRISE FOR S21 YEAR TERM SKYSAESW10i SKYSAESW101 SKYDIOAUTONOMY 1 United States Open Market $1,999.00 ENTERPRISE FOR X2E SUBTOTAL: TAX: FREIGHT: TOTAL: Notes: $380.83 $749.001 II i $1,999.00 I $20,143.94 $20,143.94 i Compliance Statement for Shipment of Controlled Items rrm and. FAS: These Items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein Identified. They may nco riot be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either In their original form or after being incorporated Into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. EGC; NIA J Returns and Exchanges Returns and exchanges may be subject to restocking fees. Certain products are not eligible for returns or exchanges Product availability, prices and dellvery dates are based upon cunun Information at the time of quote. All Informadw is subject to reconfirmation upon finalization of order. Quotas wHh the DRAFT watermark are not official ADS quotes and are subject to change at any time. This document Is confidential and proprietary property of ADS, Inc. and Is provided on the express condf ion that the data contained In It are not to be used, disclosed, or reproduced In whole or In part for any purpose without the express wrluen consent of ADS, Inc. ADS's ability to provide the products fisted herein is contingent on ADS's eblRy to obtain any and all required exportl9mport licenses. if heenses are requlred. additlortW fees may be added to account for these regulatory obligations. If the recipient is not a US federal government entity, this quote Is an offer to sell expressly conditioned on the buyer's acceptance of the standard Terris and Conditions of safe posted at www.adsinc.comltennsandcondiVonsofsate, unless agreed terms are expressly referenced elsewhere on this quote. AO other terms and conditions are rejected. AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 'h .Contract ID Code Page of Pages _ - _ Amendment/Modification No. 13. Effective babe• A. RequiaitianlPurchase Req. No. Project No. (if Applicable) R0-n061 (M_ay. 9$.-2019 _ �. --- 36 6. Issued By: Administered By. (If Other) GeneraGSA/FAS/TTL/QMAAB. Services Administration 50 UNITED NATIONS PLAZA GSA FAS 3QSAC SAN FRANCISCO CA 94102 100 S INDEPENDENCE MALL WEST PHILADELPHIA PA 19106 8. Name and Address of Contractor (No. Street, County, State and Zip Code) ATLANTIC DIVING SUPPLY, INC. 621 LYNNHAVEN PKWY STE 400 VIRGINIA BEACH, VA 234527448 Code-- — - 1117ac(litlCa e A Amendment of Soliciation No: S. Dated (See Item 11) �IDA. Modfftcation of ConlractlOrder No, 47QSMA19D08Q1 X �10B. Dated (See Item 13) May b8, 2019 11. 'THiS.ITEMA2NLYAPPLIES TO AMENDMENTS OF SOLICITATIONS 1 The above numbered solicitation is amended as set forth in item 14. The hour and ❑ is extended 1:1 Is not extended. ! date spedited for receipt of Offers Offerors must acknowledge receipt of this amendment prior to the hour and dale specified In the solicitation or as amended, by one of the following methods. (a) By wrpdet rig home 8 and 15, and reluminq ooples of the arnandmord: (b) By acknorriedging wdpt of this amandnent on eadi copy of the offer submMed; or (c) By separate lever or telegram vjh h Includes a reference to the soildtabon and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of" ornandmern you desire to change an offer already sabtNtled, such change may be made by telegram or letter, provided each Isle m a lacier makes reference to the solie tion and this amendment and Is received prior to the epen3ng hour and date specKAad. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13, THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORDERS, IT MODIFIES THEE .� A THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A x . THE AaovE NumeE.RED CONTRACr/ORDER IS MODIFIED TO REFLECT THE ADMAN TRATLVE CHANGES (such as changes in paying Mhee, approprtatlon data, etc.)SET FORTH III — THIS SUPPLEMENTAL AGREEMENT IS ENTERED NTO PURSUANT TO AUTHORITY OF: I�. OTHER (Spec ly We of modTicallon and authority): -- - -- _ -_ -- - -- - -- E. IMPORTANT: C;ordrador; Is not x� , is required to sign this document and return, _ copies to the Issuing ofl'oe. • 4. DESCRIPTION OF MODIFICATION (Organized by UCF aaodon headings,induding scidtaWnlWntracl "act maser where feasible.) The purpose of this modification is to assign Contract Number 47QSMA19DOsQ1 to Offer 73163, awarded to ATLANTIC DIVING SUPPLY, INC., under Schedule 036 on May 08, 2019 No other changes are made here. Last Item. ' 5A. NAME AND TITLE OF SIGNER (Type or Print) GSA Initiated Mod 15B. CONTRACTOR/OFFEROR Signature Not Required �.--•.err nr n,,.vY, .a;�pprvr;l.tn srrm+ -. NSN 7540-01-152-8070 PREVIOUS EDITION UNUSABLE 5C. DATE SIGNED 16A. NAME AND TITLE OF COMItACTNG OFFICER (Typo or Print) - 4B. LNTED STATES OF AMERICA 18CDATE SIGNED . vftned electronically Icxr+.al•�+w M Lr+nwa.+inn fWw••. W105 See above May 08, 2019 STANDARD FORM 30IREv,110-83) Rasalbed by GSA, FAR (48 CFR) 53243 27 of 188 131VOF S� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: January 11, 2023 Agenda Item Title: Snow's Space Coast Superior Events -- Sweet Tea Sip & Stroll Recommendation: Staff recommends approval for the Sweet Tea Sip & Stroll Event. Backeround: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 2 day Arts and Craft event at Riverview Park. Event dates are 01/28/2023 and 01/29/2023. Attendees range from 100-500 people throughout the event. If Aeenda Item Requires Exuenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review City Attorney Review: Procurement Division Review, iapplicable: City Manager uthorization Date: NIA NIA NIA 28 of 188 Lily Lw SEBASTIAN 7-7 HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY please dial 772.473.0454* NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE QE THE SECURITY DEPOSIT. Please check appropriate box(es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax - $106.50 52 Security Deposit - $200 rent plus 6.5% tax - $213.00 Will event require road closures 'Must provide detailed site plan with application. If requesting road closures, include road closure plan. Events and Alcohol Beverage Request require City Council Approval. Date: Name of Permittee (permits may only be Issued to an adultf 1 Nam of Organizat4Cit�Ie hi , S Physical Addresj Mailing Address if Different nn 6 Ff ._ago J P/ 9�/ �� >r 1 1 �>� cGr►. City f State Zip Phone E- ail 1 1equest'ed Date(s)/��j� Rain Date (if applicable) Time From - To +� "� Anticipated NurrtblWof Attendees Reason for Rental = Type of Function J Will the - sale of goods? Yes No (If yes, please describe type of goods on back) Will th re be food or other vendors? Yes No (if yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be e�crorise assembled on back. (May require Health Dept. or Fire Dept. permit) ,A )rk N'I the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which 1 have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree Ile terms thereof. J S'` hire o Applicant Special Event/Park Use Application Rev 01.2021 29 of 188 City of Sebastian -MM2 `' Home of Pelican Island ' City of Sebastian Municipal Police Department Analication for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. *** (3) Hour Minimum Per Each Offictr Required*'* Rate Per Hour For Each Officer ..............$40.00 Rate Per Hour For Each Supervisor ........... $45.00 Rate Per flour For Each Vehicle .............$3.00 (Applies to on -site utilization of vehicle) Applicant: f>�lbc,i(P �f*Dv-) Mailing A ess: 1 U C'al, State: r_1 ZipCode: 67 Requested By. hPlICIF"6- JNOJ Telephone Numbers: .�!'lt.i d7'� /4��J% (1 Officer is required for attendance of/75 to 150 2 - Officers are required for attendance of 151 to 300) Number of Officers required: / In Uniform: Plain Clothes: Starting Date: / , -.�L9_3 Ending Date: Starting Time: f . �t% A— (� G� Endinaime: <'� � UU 14rn Y i V `nrlm Services Requested: PL) Service Location: _�kR41 001 ✓i e4-1 I ,cA k_ Estimated Attendance: _(N) IrY 0r-e 4.4/1 7-6—1,-'I� A+ lYli Alcoholic Beverages Served: Yes Other Comments or Duties: No /< Type In -/- 3, Date Received pplicant's Signature Please appl} online once rou ha%e been approved: htws:. reauests.detailkommander.convscbastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 30 of 188 CITY 01: PERMIT TECH. ROKE OF PELICAN ISLAND DMIKK OLPARFAII:M IM PRYYI:Nne40111r1 '] PERMIT NO. /�+� 7 �� 1`Z' UA1% 5MET• SrRAMILN, 11PRIPA 3.11.'! M rmaw I, 7,1 -AQ sm, FAX IM.) NW 2%b SPECIAL EVENT / PARK USE ONLY Application date Name of event: Organization holding event:_"l Iv W �J� l��' ► ]� , �1��/ i� ` if f 1.1J Address location for event: l Qa) (if not owner of site, provide written consent from property owner) Q� 10 Date(s) of event: / ��fi ram" ! a �I l `��'fime(s} of Event: from: /' �/ l✓ ' lvJt"ov: V �� Contact person(s�QTf�►�� _ l f�lil 1 jPhanesj:Contact a -mail address:/!�i-'I k4//q n h I-L5 l� � `,��Date when ready for inspection: �'�rf8 � Time: 1 t UO APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM, NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSiTE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAIRE 1. Location of cooking shown on attached sketch? YESX— N/A 2. Is any cooking taking place under a tent? If Yes, Explain: (No deep frying permitted under a tent) 3. Describe Number, type and size of cookers 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) / 1 l.+k-, i1 _ � l_J �� tf / fY liJ✓ 1 SPECIAL EVENT SITE INFORMATION 1, Number of On -Site parking stalls utilized (provide a parking plan) 6) '%av % fyy�-k it, h`7 2. Is Off -Site or overflow parking available? Explain (provide agreements with property owners) 31 of 188 1. Number, type and location of proposed restroom facilities: 'C,,m,V(ft4A,0rr, 2. Number and Type of temporary structure(s): 3. Temporary electric power? Please check: Yes X Provided By: Portable Generator If Other, please describe: Size(s): No Other 4. Providing crowd control, security, or parking assistance Yes X No If yes, ase descri t , iar�Y]F'rr{'� Si vlvtt`tT(iri>l1J �1��•�'ry l S. Estim"ted'al-tteIndNa-n1�ce at peak time: %GCS Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold in the city of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found in non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violation(s). I HAVE READ AND UNDERSTAND THE FOR ING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST �r 2 r� � APPLICANT'S SIGNATURE:/.I/ PRINTED NAME:✓�1� 1/li Approved: Denied: By: Date: City Managers Signature Approved: Denied: By: Date: Fire Marshal's Signature Fire Safety Specialty Fees Small Special Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurrine Special Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on #i of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) Large Special Event: $60.00 All other Special Events (per event) ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNITTHROUGH IRC FIRE RESCUE *' 32 of 188 CITY OF HOME OF PT.I.rCAr+ rSEA.1ID ULIWNM. DUAl iilit I en. ruvi-MION aft Ict 1-'3&WN starET- STeAsii n.oruuA 32o,« VENDORS CHECKLIST TrILnIONl: tr72I 5tlq tSIT IAXir721,'M.;!h SPECIAL EVENT VENDOR REOUIREMENTS. General: Please read carefully i initial each section and sign at the bottom. All vendors shall be responsible for the following items: SPECIAL EVENT NAME,6 r I +? R-�I P n r VENDOR NAME: DATE(S) OF EVENT: /2�1d� /� / �� VENDOR CONTACT: EVENT COORDINATOR: enclosure unless prior approval from the Fire Prevention Office LL] TENTS: All tents shall have some type of Flame Retardant or Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12xl2 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. COOKING TENTS: Tents are allowed to have cooking (APPROVED APPLIANCESi along the outer edges of the tent. LP gas tanks must be secured in place {max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. All cooking vendors shall have a 10ft, separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS. FIRE EXTINGUISHERS: It is recommended that every vendor have an extinguisher. Al least one currently certified and tagged. or within one year of manufacture date, extinguisher is rewired every 75 ft along event walkways. All vendors who are cooking andlor using generators are required to have at least one 51b ABC currently certified and tagged, or within one year of manufacture date, (2A10BC) extinguisher. Alt vendors who are deep fat frying are required to have at least one currently tagged Class K extinguisher. SEATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 3ft. wide walkways to all exits in the tent. Tents with an occupant load of over 49 require a minimum of 2 exits. 0LARGE TENTS: For tents, 20x2O or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO ,1SMOKING signs. OPEN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any tent or similar is obtained. SPECIAL EVENT PERMiT NO. STORAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office, LFLOOPJDECOR: No hay, sVaw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre -approved flame retardant treated materials or livestock beddingifodder. GENERATORS: Generators shall be on level ground, secured, !!! and safely arranged and isolated from the occupanlslgeneral public. Exhaust shall be directed away from combustible material(s), people andlor animals. Spare fuel shall tie stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. CTRIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupants/general public in a safe manner. All electrical connections and devices shall be in approved enclosures. OKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and extinguishmentlsuppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC), NFPA 1, NFPA 96, NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open andlor operate until compliance is made. I have read and understand the 7 vendor requirements for this Special Event X responsible Pirty in Charge o peclal Event 33 of 188 SEBASTIAN BOULEVARD PobvEfi r At,: Ll 09 d&A% ul ie' WYMN Q emmfis (Deal IZI ull. -> I VENI)OR UNLOADING 0 HARRISON STREET W 0 0c 0c WAS 4th ANNUAL SWEET TEA SIP f3 STROLL ' ARTS f3 CRAFTS FESTO. *OVER 100 VENDORS* *FOOD - MUSIC* January 281h & 29th 2023 SATURDAY - 9:30am-5:00pm SUNDAY—10:00am-4:00pm SEBASTIAN RIVERVIEW PARK 600 US Highway 1 Sebastian Florida FOR MORE INFORMATION CALL OR TEXT: Barbara Snow — 586-242-9931 https://barbaraannsnow.com/ l ® I DATE (MMIDDIYYYY) ACCOR o CERTIFICATE OF LIABILITY INSURANCE 1 v27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: NTACT Mitzy Taylor State Insurance Agency Inc. PHONE Est)_ (772) 426-9933 FAX No): (772) 426-9943 1010 SW Martin Downs Blvd E-MAIL certificates@stateinsuranceagent.com ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC 0 Palm City FL 34990 INSURERA: RLI Insurance Company INSURED INSURER B : Barbara Ann Snow INSURER C : DBA: Space Coast Superior Events INSURER D : 1099 Whisper Rd SE INSURER E : Palm Bay FL 32909 INSURER F : COVERAGES CERTIFICATE NUMBER: CL22122715811 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSn NND POLICY NUMBER (MMMONYYYI (MMIDDIYYYYI I LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1 OCCUR A Y BOP1050166 GGEENIAGGREGATE LIMITAPPLIES PER: POLICY ❑ JET LOC OTHER: AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY — UMBRELLA LIAR HCLAIMS-MADE OCCUR EXCESS LIAB DED I RETENTION $ WORKERS OMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORMARTNERIEXECUTIVE ❑ NIA OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below o rAA8 �(1FlZNI�E $ 50,00,000 PREMISES (Ea occurrence) $ 50000 MED EXP (Any one person) $ 51000 01/03/2023 01/03/2024 I PERSONAL aADVINJURY $ Included GENERAL AGGREGATE S 2,000,000 PRODUCTS -COMPIOPAGG S 2,000,000 $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: January 28-29, 2023 Certificate Holder is Additional Insured with regards to General Liability. EACH OCCURRENCE $ AGGREGATE b S STATUTE PER I I ERH E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebestian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORIZED REPRESENTATIVE /y� Sebastian FL 32958 10, ©1988-2015 ACORD -C—O-RPORA�W8 jl�gghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2546 Name a Cash ?�.� - Date1.P-j I XCheck # ./ al02 Credit 42 DO. 9 130-S, 00 1t 10, 00 000 Amount Paid 001001 208001 Sales Tax IV 001001 220000 Security Deposit 'gfe OCR •OQ 001501 362100 Taxable Rent ' �'0% 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services (4o.00 4�oio L-�p 13e Total Paid , �o6 0,0 Initials White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 37 of 188 cC COYOF StS .7� F, }COME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Agenda Item Title: Citizens Budget Review Advisory Board Appointments Recommendation: Fill Two Additional Member Positions Background: In response to the City Clerk's advertisement, the following residents have expressed interest: Amber Cerda Bruce Hoffman Sherrie Matthews Dave Newhart Attachments: Applications, member list, advertisement Administrative Servi City Attorney Revie ces Dep it Revi W: I -7 City Manager Authorization: Date: —40®l z-- 38 of 188 crnor HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: !��l C_e(-da Address: '" T 1� "Don O 6 St, City: SfkosHo n State: Zip: 32-ci Telephone: (9 I2—)11L0 - ig E-Mail Address: �� 1L� I �i� O .� P 11 Il/i i 1, corn Employer: City: Q l \�4� 1 C. _ -+ State: _ Zip: Business Telephone: ( �12 , 5`� - 6 2� I am interested in serving on the following board(s)/committee(s): 15Y Choice: lV 1� V 1 'I 11-t{ L�� L�� 2°a Choice: 6X f Pt 0 e. CHARTER REVIEW COMM ITTEE serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 39 of 188 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) }} RM C�,��1 wv m km, \ M(%\r\CAlxs m NI('1(m Why do you want to serve on this board? �Iq a kA 40 VV MW ffl6vej M —RfV (,0M10on(1k1 n(� �Ap 4-� -- L \ {- s Do you presently serve on another City Boardor Committee? i If yes, please list: riU 1 1 + - P\PNXUJ PA6 Mj r6DNl i Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.tl.uslethic§, orms.htmI If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http- lwww.flsenate. ovlstatutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false s tements or omissions from this application may be cause for my application not to be considered. �} Signature of Applicant- [ R Date: Date Received by City Clerk's Office SS 1 Z S' 1 / i by: U 40 of 188 MY of HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Rvzoce Ak L orr NE,e4Ai Address: a C'. }%�L L l..G� �� City: -,5 5AAS Ti 40J Zip: �� °� Telephone: (a% 2-_L) r - -3 1 F( -7 E-Mail Address: V TWtQN �AD lA et d/ eem Employer: "tY6i City: State: Zip: Business Telephone: ( ) - I am interested in serving on the following boa rds)/committee(s): RL.A!�,zf 1stChoice: r'fylfGL Aj)�II y 2"d Choice: State: �Z- CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 41 of 188 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) 5 vtv Cf� i 9,< 1W rRiv 16L161-V T4f- 0f" 7�� / .41ee �N,5 /4AJ RD Why do you want to serve on this board? v1vA.,s,17— 7u C0.sJT1tiUf— ,ky Y�bF4�f/7 MZA/ A �(4�616tk Jt4- ,Rvb 6 ter" RX YIIC,�ev AR 4%1)e lvfW5 Do you presently serve on another City Board or Committee? OPW If yes, please list: Have you previously served on any other City Board or Committee? "-/r i�-.S-{�+� �� If yes, please list: etTVISO Cb*NL ! I c-�G &Z,�(ft� 1>CA1?<111V1 AMR)) I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httn:l/www.flsenate.p.ov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: ,VWJ Date: Date Received by City Clerk's Office Z1y-20210 by: ( 42 of 188 Lm OF SET_ LA*N HOME OF~PELICAN ISIAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Sherrie Matthews Address: Protected by FSS Zip: 32958 Telephone: ( 772 E-Mail Address: smatt0618@comcast.net Employer: Retired City: Business Telephone: ( ) - City: Sebastian State: FL 473 - 6757 State: Zip: I am interested in serving on the following boards)/committee(s): 15L Choice: Citizens Budget Review 2nd Choice: Planning & Zoning Commission CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 43 of 188 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Worked with government budgets during the 35 years spent serving the community. Why do you want to serve on this board? To continue to serve the City of Sebastian Do you presently serve on another City Board or Committee? No If yes, please list: Have you previously served on any other City Board or Committee? Yes If yes, please list: Charter Review Committee I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us ethics forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chopter286) Statutes may be reviewed at htt I/www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: _ Sherrie Matthews ++Date: 01-10-2022 Date Received by City Clerk's Office 1 l Z 0 Z Z by: W .C� CHYOF SEA' --ob- It wav HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: David G. Newhart Address: 120 Larchmont Ter Zip: 32958 Telephone: ( 772 E-Mail Address: dgnewhart@yahoo.com Employer: _ Retired City: Business Telephone: ( . City: Sebastian 480 _ 3163 State: Zip: State: FL I am interested in serving on the following board(s)/committee(s): 15t Choice: Charter Review Committee 2,d Choice: V I y nu.. J /�bdiso" CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 45 of 188 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? The charter is a vital part of the running the city and maintaining the goals an compliance. Reviewing the charter ensures the city maintains its integrity with the changing needs of the community. Do you presently serve on another City Board or Committee? . No If yes, please list: Have you previously served on any other City Board or Committee? NO If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.u!,.' -s/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part /Il) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.fisenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. r 44-1 o Signature of Applicant: �Cs�'V. Date: 10/02/2020 Date Received by City Clerk's Office '01--I ZUZ O by:WJ- 46 of 188 David G. Newhart 120 Larchmont Terrace Sebastian, FL 32958 (772) 480-3163 DGNewhart@yahoo.com Objective: Leading people to a deeper understanding of the transforming power of Jesus Christ through prayer and biblical teaching. Identify spiritual gifts within the laity and develop outreach and mission programs to serve the community and increase membership. Church Experience and Employment: St. Elizabeth's Episcopal Church, Sebastian, FL., Rector, 2007-2020 • Increased ASA 25% • Emphasis on outreach to the local, regional, national and international community. • Increased Pastoral Care through Lay Eucharistic Visitors, increased Lay involvement in parish functions, liturgy, and activities. • Heighten awareness in the community through parish and community activities and involvement o Cross ecumenical Thanksgiving service to raise money for local food bank o Participation in Christmas and July 0' local parades, Kiosk in the park at 4th of July venue o Community Pet Blessing o KIRB — assigned roadway clean-up in community o Cross ecumenical Service of remembrance o Participation in Veterans activities and special services i.e. Memorial Day, Veterans Day, Pearl Harbor day. St. Helena's Episcopal Church, Boerne, TX., Assistant Rector • Planned Liturgy • Conducted Adult Bible Studies, OT and NT • Pastoral Care: hospital, seniors, hurricane victims • Initiated and started Community of Hope • Conducted missions to Hurricane relief and Mexico Trinity Episcopal School for Mininstry • Field Base: Alpha training, praise and worship leader, Sunday services, assisted with special services, i.e. funeral, weddings, baptism, Christ Episcopal Church, North Hills. • Project Management Team, Small Groups, "40 Days of Community", St. Stetahens, Sewickley. Teaching Assistant, Worship in the Prayer Book, Liturgics Chaplain Internship — VA Hospital, CPE Central Florida Episcopal Diocesan Activities: • Diocesan Board- current member Congregational Development commission — 2009 Commission on Ministry — current member 47 of 188 • Intitute of Christian Studies — commission chair, instructor • Cursillo Commission — past Spiritual Director • Clergy Events Commission — past member • Ecceliastical Trial Court — Current member Secular Employment McLane Foodservice Distribution Inc.(Orlando,FL) — National Quality Manager; 1992 — 2001 • Directed Quality Management programs in 17 food distribution centers focusing on an integrated partnership with the customer base. • Developed, managed, and conducted training sessions • Developed, implemented and annually review and validate company's quality programs. • Assess, track, and develop a systematic corrective action approach for internal and third parry evaluations of operations. • Implemented vendor and carrier compliance programs resulting in $200M savings. • Partner service programs with customers to manage quality programs, complaint tracking, and food quality and safety issues. • Propose and implement process management systems to customers for new item roll out. FMC(Lakeland, FL) - Sr. Food Scientist; 1989 —1992 • Local and International R&D (Thailandjapan, Brazil) • Pilot Plant Manager — Research, Yeild testing, Quaker Oats - Quality Assurance; 1984-1989 Q.A. Manager Gatorade Bottling(Kissimmee, FL); 1986 -1989 Q.A. Specialist Corporate(Chicago, IL); 1985-1986 Q.A. Supervisor(Danville, IL); 1984 -1985 Education: Trinity School for Ministry, Ambridge, PA Master of Divinity, 2005 Arizona State University, Tempe, AZ Bachelor of Science, Ag-Industry, 1982 Post -Graduate Studies, Agri -business, 1982-1984 Organizations: Board of Directors Veterans Council of Indian River County — 2015-Present Sebastian Chamber of Commerce — VCIRC Representive American Legion 189 — 2010- Present Institute of Food Technology - Professional Member, 1979-2001 Florida Section of the IFT - 1989-2001 Board of Directors — Partnership for Learning, 1998-2000 Board of Directors - Second Harvest Food Bank, Orlando, Fl. 1987-1989 American Society for Quality Control, President, Danville Section, 1984-85 48 of 188 CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 9 members, 5 of who are individual Council appointees; 2 of who are appointed by Council at -large; 2 who are appointed as alternates. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them; the 2 at -large members serve one year until the next election; the two alternates serve three years terms. MEMBER NAME AND ADDRESS APPOINTED BY TERM Larry Napier Chair Council Member 11/2022-11/2024 163 Harris Drive Dodd term to expire at the end of Dodd's Sebastian, FL 32958 term in 2024 larrvnaoiere..outlook.com (772) 388-2070 TBA Council Member 11/2022-11/2024 Dixon term to expire at the end of Dixon's term in 2024 Harry Hall Mayor Jones 11 /2021-11 /2023 214 Joy Haven Drive term to expire at the end of Jones' Sebastian, FL 32958 term in 2023 harrvndee.d',hotmail.com (772) 581-1893 Terry McGinn Council Member 11/2021-11/2023 144 Miller Drive McPartlan term to expire at the end of Sebastian, FL 32958 McPartlan's term in 2023 temcainn cDvahoo.com (215) 723-4333 Thomas Shira Vice Mayor Nunn 08/2022-11/2023 1534 Esterbrook Lane term to expire at the end of Nunn's Sebastian, FL 32958 term in 2023 tom shira cO..bellsouth.net (863)206-5396 vacant Additional Member Term to expire November 2024 vacant Additional Member Term to expire November 2024 49 of 188 Grace Reed 925 Potomac Avenue Sebastian, FL 32958 armreed aOaol.com (434) 941-1830 Alternate Member (casts vote if first council appointee or at -large member is absent) James Sullivan Alternate Member 187 Mabry Street Sebastian, FL 32958 (casts vote if second Isullivan(7Q,terra-o:>tima.com council appointee or at- (772) 410-6171 large member is absent) Code 2-223 provides City Manager is an ex-officio Member Term to expire January 2024 Term to expire January 2024 4 regular or at -large members are needed to make a quorum. In the event a regular or at- large member cannot make the meeting, an alternate step in. 50 of 188 CrFV OF SEBASTLA 4N +.r.F HOME OF PELICAN ISLAND October 14, 2022 CONTACT: JEANETTE WILLIAMS 388-8215 Press Release Citizens Budget Review Advisory Board At -Large Positions The Sebastian City Council is accepting applications for two at -large members on the Citizens Budget Review Advisory Board. The terms would be until November 2023. This Board meets as necessary in Council Chambers, 1225 Main Street, Sebastian, to assist in the City's budget preparation and review process; then make recommendations to the City Council prior to the first budget hearing for each fiscal year. These are volunteer positions and applicants must have been a City resident one year prior to application. Applications are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian between the hours of 8:00 am and 4:30 pm or on-line at and will be accepted until December 1, 2022. 51 of 188 �F LTNCF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Agenda Item Title: Indian River County Citizens Oversight Committee for School Planning Recommendation: Submit nominations for one member on the Indian River County Citizens Oversight Committee Background: The City Clerk has received the following applications in response to the advertisement: Jennifer Pippin Christopher Roberts Attachments: Applications, member list, advertisement Administrative Servie City Attorney Review' es Department Wview-:l 4441 c— U City Manager Authorization Date:/�. 52 of 188 cm of HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms.are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expion. u Name: Address: 40 M 1 City: �l' � �1 S� I G� State: I' L Zip: '2)A� 596 Telephone: I TM- ) i U 5 E-Mail Address: T 1 GtJ Ck v 1 ' (vN\ Employer: �L I� IVOCIPA — (" (41 Il i al AQ_ City: Li S� C iY'L State: FL Business Telephone: I am interested in serving on the following boa rds)/committee(s): 0�Vl�' Zip: 3 at (5 0__ 1" Choice: �G t (, Li Id z"d Choice: 1 � CHARTER REVIEW COMMITTEE (serves only x months, everyfive years —next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment 53 of 188 Please summarize special skills, qualifications, or education you have acquire-, 0(641'rs appo�r (Your resume, professional certifications or designations may be attached.) C.U�.c��rI��c��\ fv�c`�115 �� L�I � _� i�r,�(tit' ��c u�� <<��tci�� t l✓+ � c�� c� tl I Q.l; �S � � �� rn�iti-�� -�-� �� L e�rk�rd 1 Why do you want to serve on this board? -� Wes' ` i n `+ n � ►,� I is tl( U(cK cA61 Nk, l� 0 i' A Do you presently serve on another City Board or Committee? If yes, please list: Have you previously served on any other City Board or Committee? / 0 f �.1C� r� l,•1 1� �,1 If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). 1�u�J If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www,ethics.state.fl.us/ethics/forms.htmi If appointed, 1 acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part ii!) and Florida Sunshine Law (Florida Statutes, Chapter 285) Statutes may be reviewed at l . /www.fIsenate.gov/sta tutes l understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certi that all the statements made on this application are true and correct. I understand that any false stateme�rts r omissio s from this application may be cause for my application not. to be considered. -� Signature of Applicant: Date: r � D;;tp Rprpivprl by rity rlprk's nffirp ' hv• 54 Of 188 L-Irr or SIEEASMAN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Christopher Roberts Address: 32958 772 Zip: Telephone: f E-Mail Address: chroberts0015@grnail.com Employer: Comprehensive Healthcare Melbourne City: Business Telephone: ( i - Sebastian City: 643 0615 State: Florida Zip: State: Fl 32935 I am interested in serving on the following boards)/committee(s): 1 5L n� Planning Choice: 2 Choice: g Construction Board Plin and Zoning Commission CHARTER REVIEW COMMITTEE (serves only six months, every frve years - next meeting in 2022) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* I��_1�Ir,l[�CsL1�Ufls]�II�CeI�')3C]�� POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD `Filing of f noncial disclosure is required following appointment "Must be resident one year prior to application. 55 of 188 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations maybe attached.) I have a Bachelor's degree in Social Science and Religious Studies from Florida State Upiversity. 1 am currently g cn 3 certifir-ate in frorn Eastern Florida State College. I have worked most of my career in social services/human services. I enjoy helping Pnplp an.d_assist my rlients GM rnnnartpri to the services they nePr! Why do you want to serve on this board? I int to ePnv government. l want this city to be a place I am proud to reside. I want to help build a ^community that is beneficial LQ my children. Yes Do you presently serve on another City Board or Committee? If yes, please list: Construction Board for the City of Sebastian NO Have you previously served on any other City Board or Committee? if yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, l consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part III) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htti)://www.flsenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. �:%:7fdD�� anoe.�fa Signature of Applicant: Date Received by City Clerk's office gIZOIZOZ Z 9/20/2020 Date: by: (UU4-4 -o'rv1 56 of 188 Citizens Oversight Committee In May of 2003 the County and the School Board entered into an Interlocal Agreement for public school planning. Per Section 2.4, a citizen oversight committee, consisting of six (6) citizens appointed by the School Board, the County, the Town of Indian River Shores, and Cities of Fellsmere, Sebastian and Vero Beach. Each jurisdiction or entity shall appoint one member. Per Section 3.4, the Citizen Oversight Committee will monitor implementation of the Interlocal Agreement, and report to participating local governments, the School Board and the general public on the effectiveness with which the Interlocal Agreement is being implemented. Meets at a minimum, annually in the first week of April at the County Administration Building, 1800 27th Street, Building B, Room B1-501 Vero Beach, FL. -time and date to be determined. Minutes of meetings are taken by the Board of County Commissioners Office. Members • Linda Ann Morgan - Indian River County Appointee • VACANT, City of Sebastian Appointee • Robin Pelensky - City of Vero Beach Appointee • Yolanda Gamez - City of Fellsmere Appointee • Peter Robinson - School Board Appointee • VACANT - Town of Indian River Shores Appointee © 2022 Indian River County Board of County Commissioners Home (https://www.ircgov.com/) I Boards (https://www.ircgov.com/Boards/Index.htm) Departments (https://www.ircgov,com/Departments/Index.htm) ] 57 of 188 Event Calendar (hitp-Hcalendar.ircgov.com/events/) I August 1, 2022 PRESS RELEASE Contact: Jeanette Williams 388-8215 SEBASTIAN REPRESENTATIVE - INDIAN RIVER COUNTY PUBLIC SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE The City of Sebastian is seeking a resident to represent the City on Indian River County's Public School Planning Citizen Oversight Committee. This Indian River County Committee meets annually in April in the County Administration Building in Vero Beach. The committee helps local governments collaborate, plan and decide population projections and public school siting within the guidelines of each municipality's comprehensive plan. If you are interested or for further information, please contact the City Clerk's Office, 1225 Main Street, Sebastian, FL — 388-8215. Applications are available in City Hall or on the website at WWW.CITYOFSEBASTIAN.ORG. Applications will be accepted until filled. MY OF SEBAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Ago enda Item Title: Discussion on the Purchase of the Sembler properties located at 1527 and 1528 Indian River Drive. Recommendation: The City Manager is asking the City Council for direction on how they would like to move forward. Backeround: The City Council previously directed the City Manager to make a good faith offer to purchase the property located 1527 and 1528 (owned by Sembler and Sembler). The agent representing the owner has the property listed for Two Million Nine Hundred Thousand ($2,900,000.00) dollars, based on other sales. The City Manager made a good faith offer of One Million Two Hundred Thousand ($1,200,000.00) dollars. The agent made a counter offer of Two Million Five Hundred Thousand ($2,500,000.00) dollars. If Agenda Item Re(iuires Expenditure of Funds: TBD Attachments: 1. Email correspondence with Ms. Coleman 2. Property sales on the Indian River from 2022 3. Florida S. 166.045 4. COS Charter Section 1.02 5. Amortization Schedule 6. DST Projected Balances Administrative Servic City Attorney Review Procurement Division es Departm Rev' - � J view f applicab N�rI 1 City Manager Authorization: 131- 4 Date: �9 59 of 188 Paul Carlisle From: Sherrie Coleman<scoleman@onesothebysrealty.com> Sent Tuesday, January 3, 2023 3:15 PM To: Paul Carlisle Subject: Re: Offer Good Afternoon- we are solid at 2.5 for this property. I have many supporting comparables to support this price, if you would like me to go over them with you I am happy to. Please advise . Sherrie Coleman One Sotheby's Realty On Jan 3, 2023, at 8:14 AM, pcarlislei i,cit►°ofsebastian.orL wrote: Good morning, I am sorry but I was out on some medical leave. Is there a counter offer? Thank you. <image001.png> PA.UL E. CARLISLE CITY MANA(RER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, PL. 32958 772-386-8200 From: Sherrie Coleman [ nallto:soolemon@onesothebysreally.-co Sent: Tuesday, January 3, 2023 7:46 AM To: Paul Carlisle Subject: Fwd: Offer Good morning Mr. Carlisle; Happy New year! I wanted to make sure you received my prior email ? Sherrie Coleman One Sotheby's Realty 60 of 188 This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click gn to report this email as spam. 61 of 188 1/5/23, 9:31 AM gPublic.net - Indian River County, FL - Report: 31390800000002000016,0 Indian River County, FL Parcel Summary Parcel ID 31390s00009 o20o0016.0 PropID 32104 Location 11110 U S HIGHWAY 1 Address SEBASTIAN. FL 32950 Nelshborhood E USi S Seb City/Wabasso M&B (030130DO) MarlatAneo 01 BrfefTax SEC 8TWN31RNG39COMATTHE NWCOROFGOVfLOT 2RUN EFOP ADISOF18A3T0A Description POI NTONTHE BASELINE OFTHE 4LANE USHIGHWAY NOIDESIGNATED STATION %4+18.74 TH RUN S25-S7-59E ALSAID BASELINE FOR A DIS OF 106E SS FT TO A POINT ON SAID BASELINE BEING Property Use Single Family - Improved (0100) Code sedrwp/Rng 08-31-39 T3xDistrict 1-NORTH COUNTY W/SEB INLET Mibp Rate t4.1039 Acreage 2.84 Homestead Y View Map Metes and Bounds Owner Information Primary Owner Laualla Joseph POBox7809S4 Sebastiar% FL 32M Addittonal Owner Laucella Oniel PO Box 780954 Sebastlam FL 32978 2022Certified values 2021 Certified Values 2020Certified Values 2019Certified Values 201E Certified Values Impmvementwiue $1,101,870 $1,234,084 $1,Z%A74 $904,784 $1,045,847 Land Value $655,3S1 $520,396 $364.370 $384,370 $405,620 LandAgriattural Vahre $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just(Market)Value $1.757,221 $1,754,480 $t6tas44 $1.289,154 $1.451,467 Assessed Value $1,757,221 $1.337,268 $1,318,805 $1.289,154 $1,272,608 Exempt Value $50XG $50,000 $50,000 $50AW $SQ000 Taxable Value $1,707.222 $1,287,268 $1,268,805 $1.239.154 $1=608 Maximum Save Our Homes Portability $0 $417,212 $300.039 So $178,859 Taxes $24.375.60 $19,102.St $1911t4.50 $19a42.32 $19,254.82 Current Exemptions on this parcel• HEX- Exemption of Homesteads Reporting requirement an tax roll according to s.196.002(1) M-A -Additional 25A00 Homestead Exemption 'Just (Market) Value' description- This is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price Historical Valuation Land Information Code Land Use Doc Amenity Acres Square Feet Act. Frontage Eff.Frontage Depth Zoning A V Res -SF Zond; Sing) Site U - US Highway 1 1.83 79714.8 0 0 0 RS-6 E SF Zoned: Single Site R-River Lot 4399S.6 193.95 144.9 304.89 RS-6 Building Information Type Residence HC&V TotalArea 8.560 HVAC Forced Not Air,w/AirCd HatedAra 5.732 Bathrooms 3 Exterior Walk Stucco on Concrete Block Bedroorns 2 Interior Wags Drywall Total Rooms 7 Rosling Stories 2.0 Roof Type Actual YearBuik 1999 Frame Effective Yew Built 1999 FlooeCover Fireplace Code 2Story Type Miscellaneous Structure Total Area 99 HeatedAreo HC&v HVAC Bathrooms httpsJlgpubllc.schneidercorp,com/Application.aspx?AppID=1109&LayerlD=27655&PageTypeID=4&PageID=11279&Keyvalue=3139080006Wg... 1/4 1/5123, 9:31 AM Exterior Walls interior Walls Roofing Roof Type Frame Floor Cover Type Miscellaneous Structure TotelArea 72 Heated Area Exterior Walls Interior Walls Roofing Roof 7vpe FbarCord' 7Yw Miscellaneous structure TatalAres 200 Heated Area Exterior Walls IntedorWalts Roofing Roof Type Fame Floor Cover Sub Area Type Description BASE Base Area DRCN DrivewaKConcrete GAR50 Garage -50%used OP10 Open Porch -10%used OP20 Open Porch -20%used PPMR Pool Patl% Marble w/Conc PTCN Patio Concrete SPCN SwirnmingPool, Concrete SPHTR Pod Heater(electric/gas) TWO 10 Story - 70% used TWO 2AStory-70%used TWO 10 story -70% used WDDK Wood Deck WDWP Wood Dock, Wood Pilings Type Description 8144 Bath House BH4PL Bath House Plumbingfixt. Type Description PC4 Carport, detached Type Description UTS Utility,detoched gPublic.net - Indian River County, FL - Report: 31390800000002DO0016.0 Bedrooms Total Rooms stories LO Actual Year Built 1999 EffectiveYeorBuilt 1999 Fireplace Code HC&V HVAC Bathrooms Bedrooms Total Rooms stories t0 Actual Yew Built 1999 Effective YearBullt 1999 RreplaceCode HC&V HVAC Bathrooms Total Rooms Stories 1.0 Actual YearBuik 2000 EffectiveWarBuilt 2000 Fireplace Code 4Footage Clan Sub Class BuIldingtise Bulldlrkg Use Descr Shape Value 2,880 SC1- WLCODE 9 0100 Residence Rectangle $528,918 Z208 SC1- WLCODE9 0100 Residence Rectangle $10,201 82D SC1- WLCODE9 0100 Residence Rectangle $71,402 2,966 SO- WLCODE9 0100 Residence Rectangle $34.238 42 SC3- WLCODE9 0100 Residence Rectangle $1.463 1,014 SC1- WLCODE9 0100 Residence Rectangle $15,520 1,488 SO- WLCODE9 0100 Residence Rectangle $7,421 487 SC1- WLCODE9 0100 Residence Rectangle $25,615 1 SCl- WLCODE 9 0100 Residence Rectangle $3.254 838 SC1- WLCODE9 0100 Residence Rectangle $102,150 48 SC1- WLCODE9 0100 Residence Rectangle $5,851 1,966 SC1- WLCODE9 0100 Residence Rectangle $239,650 6" SC1- WLCODE9 0100 Residence Rectangle b3.387 960 SC1- WLCODE9 0100 Residence Rectangle 536,8e1 Sq. Footage Class subCoss Building Use BulldingUseDesrr Shape Value 96 MISC Miscellaneous Structure $5,114 3 MISC Miscellaneous Structure $7,834 Sq. Footage Clue Sub Class Building Use BuildingUseDesv Shape Value 72 MISC Mlscellaneous Structure $693 Sub Class IldingUse BuildIngUseDow Shape Value MISC Miscellaneous Structure $1,887 Sales Ir strument 5810Vote SakPrke Instrunent Description Book Page VacaM/lnip 6/2B/2022 $400,000 WD Warranty Deed 3552 2351 knproved IV10/2021 $1.80,000 WD Warranty Deed 3502 780 knpreved 4/3/2017 $1,935DW WD Warranty Deed 3012 90 Improved 2/1/19% $100 QC Quitclaim 1090 343 Vacant 2/1/1996 S30D.000 WD Warranty Deed 1090 341 Vacant 4/1/1991 $100 WD Warranty Deed 894 592 Vacant Grantor Lh* to ORrdal Reoordr TAYLORCYNTHIAL:TAYLORSCOTTA BILLYS JAMES;ERB MEu56A D [)� nvrrl„•id ' KURLANDDAVIDA (Jutvnlr,ecr GUTHRIE HEDWIN (TR) L� GUTHRIE H EDWIN (TR) Onv GUTHRIE H EDWIN F MARGARET ; httpsJigpublic.schneidereorp.com/Application.aspx?ApplD=1109&LayerlD=27656&PagelypelD=4&PagoID-11279&KeyValue=3139080pQ00 QQ00... 214 1/5/23, 9:31 AM gPublic.net - Indian River County, FL - Report: 31390800000002000016.0 Instrument sole Daft Sale Price Instrument Description Book Page VaranMmpraved Grantor LinktoOMdalRecw& 4/1/1991 $100 WD Warranty Deed 894 589 Vacant - il 2/1/1983 $100 657 305 Vacant f -.. _.... i Permits Permit Number Type Primary Active bssueDate Completion Date value 2022021166 Fenn Yes Yes 2/17/2022 $2,000 2018011306 Other Yes No 2/20/2018 $18A00 2013020D12 Slab Yes No 2/1/2013 $6A00 2DIM60172 Roofing Yes No 6/18/2012 $16,000 201202D552 FkldCheck All bnprovements Yes No 2/27/2012 42.000 20D9030244 Dock Yes No 3430/2009 MOM 2008050945 WALL Yes No 6/3/2008 $16,500 2DO5052654 Hur►iraneDamage Yes No 5/26/2005 $145,280 2003061088 Addition Yes No 6/18/2003 $8,000 98120450 Swimming Pool Yes No 2/V1999 $17,000 97100719 Residential Building Yes No 1/29/1998 $390,000 Hurricane Damage Yes No $0 Sketches a 2M R (rat >m Two jAfw:aaen9 a 2n J_ e Ni GAR50 t Photo$ https://gpubhc.schnoidercorp.comlApplication.aspx4ApplD=1109&LayerlD=27655&PageTypelD=4&PagelD=11279&KeyValue=3139O8000940WRW .. 314 1/5123, 9:30 AM gPublic.net - Indian River County, FL- Report: 31392100000006000010.1 Indian River County, FL Parcel Summary Parcel ID 3139210000000500D010.1 Pap ID 36197 LocatlonAddress 520093RDLN SEBASTIAN,FL32958 Neighborhood E U515Seb City/Wabasso M&B (010130.00) Market Area 01 BrlefTax SEC21TWP31RNG39GOVTL0T5MOREFULLYDESCASBEGATAPOINTONTHEWRANKOFTHEINDIANRIVER100FTSOFSTATEROADDITCHRUNW Description FOR A DIS OF 528 FT TH RUN S FOR A DIS OF 75 FT TH RUN E FOR A DIS OF 526 FT TO THE W BANK OF IN DIAN RIVER TH RU N N AL W Property Use Vac Res MH,MFam,POIAgZN (0000) Code Sec/Twp/Rng 21-31-39 Tax District 1- NORTH COUNTY W/SEBINLET Mlllage Rate 14.1039 Acreage 4.43 Homestead N Metes and Bounds Owner Information PrimaryOwner 93rd Lane Holdings LLC 10010 Renfrew Ave Vero Beach, FL 32963 SunbizCo Valuation 2022Cert18edValues 2021Certified Values 2020CertlfredValues 2019CertlfiedValues 2038CertifiedValues Improvement Value $0 $0 $0 $0 $0 Land Value $899A33 $692,392 $474308 $47C308 $429,163 Land Agricultural Value $0 $0 s0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just(Market)Value $899,433 $692,392 $474308 $476,308 $429,163 Assessed Value $575,286 $523A77 $476,308 $471.618 $429,163 Exempt Value $0 $0 $0 $0 $0 Taxable Value $575,286 $523.477 $476,308 $471,618 $429,163 Maximum Save Our Homes Portability $324,147 $168,915 $0 $4,690 $0 Taxes $10.053.79 $8.708.05 $706BA4 $7,245.83 $6.65&24 "Just (Market) Value description - This Is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price, Historical Valuation Land Information Code Land Use Deft Amenity Acres Square Feet Act Frontage WE Frontage Depth Zoning A Island-Marsh-Drng-Disposl L- Lowlands; environsensitive L78 77536.8 0 0 0 RM-6 A RivAskes/submergdTaxabl 5- Submerged; mostly submerged L40 609M 0 0 0 RM-6 F VRes-Mufti-famiNZoned R-River L25 54450 323.36 35152 170 RM-6 Instrument Sale Date Sale Price Instrument Description Book Page Vacant/Impeoved Grantor Link toOfficial Records 2/18/2022 $950,000 WD Warranty Deed 3512 1975 Vacant IUDDPAULandJULJE L----j 5/1/2011 $561.000 WD Warranty Deed Z498 1582 Vacant URBANEK GEORGENE GORE Download hitps://gpublic.schnoideroarp.00mlApplication.aspx?ApplD=1109&LayerlD=27655&PageTypelD=4&PagelD=11279&KeyValue=3139210096POg g... 1/2 1/5123, 9:32 AM gPublic.net - Indian River County, FL - Report; 31390800000001000013.0 Indian River County, FL Parcel Summary Parcel ID 31390800000001000013.0 Prop ID 32081 Location 11360INDIAN RIVER DR Address SEBASTIAN,FL32958 Neighborhood Sob High/Cent No to So M&B (70D130.00) Market Area 70 11IMMIx SEC 08 TWN 32 RNG 39 BEG AT THE SW COR OF QWr LOT I SEC 8 TH GO N FOR A DIS OF Description 723FTTOANIRON PIPE THGODUE ETOTHE EROW LINE OFU.S.HIGHWAY NOIAS PRESENTLY LOCATED TH GOSELY AL SAID E ROW OF SAID ML HIGHWAY NO 1 FOR ADIS OF 139.39 FTTO AN PrWertyUse Open Storage(4900) Code Sw1Twp/Reg 0831-39 Tax District 1- NORTH COUNTY W/SEBINLET Millage Rate 14.1039 Acreage 2.84 Homestead N lew Map Metes and Bounds Owner Information PdmaryOwner Wynne Bullding Corporation 12604122Ave Miami, FL 33186 Valuate 2022 Certified values 2021 Certified values 2020 Certified values 2019Cerdfied Values 2016 Certified Values Improvement Value $69.870 $64,009 $64,574 $65,246 $6S,727 Land Value $842,177 $842,177 $84$177 $042,177 $84$177 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just(Market)Value $91$047 $906,166 $906,751 $907,325 $907.904 Assessed Value $912,047 $906,186 $906,751 $907,325 $907,904 Exempt Value $0 $0 $0 $0 $0 Taxable Value $912,047 $906,186 $906,751 $907,325 $907.904 Maximum Save Our Homes Portability $0 $0 $0 $0 $0 Taxes $1Z,863A4 $13,241.64 $1%456.29 $13,800.72 $14,08SA7 "Just (Market) Value description -This is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price. Historical Valuation Land Information Code Land Use Desc Asnenity, Acres Square Feet Act. Frontage Eft Frontage Depth Zoning 5 Open Storage-notclassifd R-River 2.84 123649.54 193.21 193.21 641.01 CG Building Information Type COMMERCIAL MISCELLANEOUS STRUCTURE HC&V TotalArea 3,854 HIVAC Hsated Area Baduooms Exterkr WaOs Bedrooms Intafor Walls Total Rooms Roofing Starker 1.0 Roof Type Actual Year Bulk 2014 Frame ENectiveYearBulk 2014 Floor Cover Fireplace Code IV" COMMERCIAL MISCELLANEOUS STRUCTURE HC&V TeNlArea 1,200 HVAC Heated Area Bathrooms Exterior Walls Bedrooms Interior Wells Total Rooms Roofing Storks 1.0 Roof Type Actual Year Built 1952 Frame Effective Year Bulk 1%5 poor Cover FireplaceCode Sub Area httpsJ/gpubic.schneidercorp.com/AppllcaUon.aspx7ApplD=1109&LayerlD=27655&PageTypelD=4&Pagel D=11279&KeyValue=31390800(�"10 .. 1/3 115/23, 9:32 AM gPublic.net - Indian River County, FL - Report: 31390800000001000013.0 7Yae Description FCALUMN Fence, Aluminum rence(LF) WDDK WoadDecc WDWP Wood Dock Wood Pilings WDWP Wood Dods Woad Pllings WDWP Wood DockwoodPlIngs WDWP Wood Dods Wood Pilings WDWP Wood Dock Wood Pilings WDWP Wood Dock Wood Pilings WDWP Woad Dock, Wood Pilings 'Noe D—WN 623 RurStrcShed Open Sides B24 RurStrcShedOpenSkies Sales Sak Date a/8/2022 12/1/2013 VIM12 4I1l2008 7/1/2006 7/1/2006 8/1/1997 4/1/1991 Permits Permit Number 2015070296 2015070296 20140400" 2014020352 2024020353 2014020354 201402035E 2014020356 71-1645 72-2695 Photos Sale Price instrument $2,8W,0W WD 5985,o00 WD $100 QC SS00.000 WD $1,300AW WD E1,300,000 TR E100 PR $100 QC Sq.Footase Class Subclass BuRdkwUse BuRdinBUse Descr 186 ' CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 1.232 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 600 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 332 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 48 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 48 CMISC COMMERCIAL MISCELLANEOUSSTRUCTURE 48 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 48 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE 1,312 • CMISC COMMERCIAL MISCELLANEOUS STRUCTURE ft Footage Class Subclass BuUding Use Bullding Use Deser 400 CMISC COMMERCIAL MISCELLANEOUS STRUCTURE am CMISC COMMERCIAL MISCELLANEOUS STRUCTURE Instrument Description Book Page VacarWi proved Warranty Deed 3563 921 Improved WwrartyDeed 2728 1597 Improved Quitclaim 255D 849 Improved Warrantv Deed 2261 1334 Improved Warranty Deed 2060 1502 Improved Trustee Deed 2060 1499 Improved Personal Rep Deed 1167 574 Improved Quit Claim 892 439 Improved Grantor WIRTH C THOMAS & AMBER OCUUNA BANK (1090 & OCULNABANK LOBO ONTHE RIVER INC FARRAR MARGUERITE EST OF(V4 FARRAR EDWARD EST OF 1/2 FARRAR EDWARD 1(1/2) FARRAR EDWARD J MARGUERITE Shape Value $10,262 $3,773 $12,810 $7,088 $1,025 $1,025 $1A25 $I)M $28A31 Shape Value $1,627 $1,692 Unk to Orrrclal Records 7D I Uuwnloacl �7 bownload Type Primary Active IsmeDate Completion Date Value Dock Yes No 10/15/201e $75AW Dock Yes No 7/1/2015 $75A00 Fence Yes No 4/2/2014 $ZSw Demolition Yes No 2/13=4 $2= Demolition Yes No 2/13/2014 $2,300 Demoltion Yes No 2/13/2D14 $2,300 De"ton Yes No 2/13=14 $900 Demolition Yes No 2/13r2014 $900 Addition Yes No $200 Screen Room Yes No $400 https J/gpublic.schneidercorp.com/Application.aspx?ApplD=1109&LayerlD=27655&PageTypelD=4&PagelD=11279&Keyl/alue=313908000000?011R00... 2/3 1/5/23, 9:23 AM gPublic.net - Indian River County, FL - Report 3139280000000200D001.0 0 Indian River County, FL Parcel Summary Fa 10 3139280000000200000LO Prop to 38724 Location Address UNASSIGNED SEBASTIAN, FL 32958 Nelghborhood EUS15SebatyMbbassoM&B(010130.00) Mark&tAma 01 BrlefTsx SEC 28TWN31RNG39GOVTLOT 2BEING THE N100FTOFTHEN400FTOFGOVTLOT2 Desviptlon LYING W OFTHIE W ROW OF MA.SSEY ROAD Propertquse MiscResidential (0700) Code SecfFWpfRng 28-31-39 TkxDW t 1-NORTHCOUNTYWJSEBINLET "IkW Rate 14.1039 Acreage 7-17 Homestead N Metes and Bounds Owner Information PrkuaryOwner ToswStanoy 3300 S Ocean Or N402 Palen Beads, FL 33480 Vatuatlun 2022CertiWVakM 2021CardfiedVakbc 2020CerdWValues 2019CertifiedVakros 2018CerdfiedValues knprovementValue $22,210 $10.204 $10,204 $7A09 $8,700 Land Value $47,303 $ 47,303 $47,303 $47,303 $47.303 LandAgrk ultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 s0 $0 Just (Marked Value $59.513 $57,507 s571507 $K712 $56A03 Assessed Value $59.523 $57,507 $57,507 s54,712 $55,273 Exempt Value $0 $0 $0 $0 $0 Taxable Value s591513 $57,507 $57,507 $54.712 $55,273 Maximum Save Our Homes Portability so $0 $0 $0 $730 Taxes $839.36 $840.32 $853A2 $B37J01 $86250 'Just (Market) Value" description - This Is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price. Historical Valuation Land Information Code Land Use Desc Amenity Acres SquareFeet Act. Runbq a Eff. Frontage Depth Zonkrg A Other Misc Residential T- Typical Interior site 1.17 50965.2 122.46 122.46 157 RM-6 A Island-Marsh-Drng-Dispasl L • Lowlands; emlron sensitive 1.00 43560 122.46 122.46 157 RM-6 Building Informatirn IYpe Miscellaneous Structure ToWA►ea 1,836 HeutedAres Exberlor Walk InterI" Mills Roofing Rooflype Floor Cover Type DescrWion 832 Rur Strc Shed 1 Side Open MWCB12 Masonry WaILConc Blk 12" HCBV HVAC Bedrooms Tobd Reams Stories 1.0 AetualYearBuilt 2005 EffaetlreYearBulk 2005 Replace Cade 54 Footage Class Sub pass Bu*nng use Bu iding Use pew 780 MISC Miscellaneous Structure 1,056 MISC MisceilaneousStructure Shape Value $4,330 $7,880 hops:llgpublic.schneidertorp.com/Appflcation.aspx7ApplD=1109&LayeriD=27655&PageTypelD=4&PagelD=11279&KeyValue=3139280 %00... 1/2 1/5123, 9:22 AM gPublic.net - Indian River County, FL - Report: 313928D0000002000003.0 10 Indian River County, FL Parcel Summary Parcel ID 31392800000002000003.0 ,• Prop ID 38727 Location 905044THAVE Address SEBASTIAN,FL32958 Neighborhood E US1 S Seb City/Wabasso M&B (010130.00) Market Area 01 BrlefTax SEC 28 TWP 31 RNG 39 GOVT LOT 2 MORE FULLY DESC AS BEING THE N 440 FT OF GOVT LOT Description 2 LESS THE N 200 FT AND LESS THE PARC DESC IN OR 204n36 TO WIT FROM THE POB WHICH IS THE INTERSEC OF THE W SHORE OF THE INDIAN RIVER AND THE S LINE OF THE N lmpow 200 FT OF THEN 4 PropertyUse Mist Residential10700) Code Sec/Twp4b% 28.31-39 TixDktfict 1- NORTH COUNTY W/SEB INLET Millktge Rate 14.1039 Aaeege 6.35 Homestead N)92800000002000003.0 Metes and Bounds Owner Information PrknaryOwner Riley John Reginald ill 7635 Agawam Road Sebastian, FL 32976 Valuation 2022Certified Values 2021 Certified Values 2020CerdfiedValues 2019CertifiedlVaMres 2018CertifiedYalues Improvement Value $35,283 $29491 $29,491 $21423 S25,144 Land Vakre $537418 S"9,892 $338,631 $33031 $2B2,993 Land Agricultural Value $0 $0 $0 SO $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just IMarket) Value $572,901 $479,383 $368,122 $360,054 $308,137 Assessed Value $4,K186 $404,343 $368.122 $338.359 $308.137 Exempt Value $0 $0 $0 $0 $0 TaxableValue $444,186 $404.343 $368.122 $338,359 $308,137 Maximum Save Our Homes Portability $128,715 $75,040 $0 $21A9S $0 Taxes $7.035.11 $6,37BJJ1 $5046"6 $5,318.92 $4,78058 "Just (Market) Value" description -This is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling Prfce. Historical Valuation Land Information Code Land Use Desc Amenity Acres Square Feet Act Frontage Eft Frontage Depth Zoning A VRes-Multi-famlHZoned T- Typical Interior site &58 155944.8 0 0 0 RM-6 A Island-Marsh-Dmg-Disposl L- Lowlands: environsensitive 2.32 101059.2 0 0 0 RM-6 E VRes-Multi-family Zoned R - River OAS 19602 119.32 121A2 157.75 RM-6 Building Information Type Miscellaneous Structure Total Area 960 Heated Area Exterlor Walls Interior Walk Roofing Roof Type Frame Floor Corer Sub Area Type Description WDWP WoodDock.Wor HC&V HVAC Bathrooms Bedrooms Total Rooms Stories 10 AebmlYearBuilt 2009 EffeWveYwBullt 2009 Fireplace Code Sq. Footage Class SubClass Bulkling Use Building Use Desa Shape Value 960 MISC Miscellaneous Structure $35,283 httpsJ/gpublic.schneldercorp.com/Application.aspx?ApplD=1109&LayerlD=27655&PageTypeID=4&PagelD=11279&KeyValue=3139280�J0(3wr"RDO... 1 /2 115123, 9:22 AM gPublic.net - Indian River County, FL - Report: 31392800000002000003.0 Sales Sale Instrument saleDate Price Instrument Description Book Page Vacant/Improved V14/2022 $6"AW WD Warranty Deed 3503 1358 Improved 3/18/2021 $100 QC Quit Claim 3400 928 Improved 9/4/2014 $100 WD Warranty Deed 2767 1408 Improved 7/1/1992 $100 PR Personal Rep 904 1345 Improved Deed Permits unit to Officlal Grantor Records DUKE DEBBIE Y rr;u MASSEY EDWARD STEPHEN & DEBBIE DUKE I j MASSEY EDWARD STEPHEN;MASSEY JOHN W SR ILE}MASSEY !� STEVEN MASSEY STEVEN(PR) j Permit Number Type Printery Active Issue Date Completion Date Value 2008=359 RWAL Yes No 3/17/2008 $ 000 200801001E Residential Building Yes No 1/4/4008 f0 CK Dock Yes No 1/V2008 f0 200SM952 Demolition Yes No 5/10/2W5 so 91010354 Dods Yes No 1/30/1991 40 89020200 Utility Building Yes No 2/15/1989 $5.000 survey. While every effort has been made to ensure that this data is accurate and reliable witidn the limits of the current state of the art.l,.eerPropertyAppraisercannotassumeliabilityforanydamagescausedbyanerrorsoromissionsinthedata,norasaresultofthefailureofdatatofunctionona particular system. molan River Property Appraiser makes no warranty, expressed or implied, nor does the fact of distribution constitutesuch a warranty. For the definitive description of real property, consult the deed recorded in the County Clerks Office. Adclitional Maps 1 No date available for the following modulem Extra Features, Sketches. I� Schneider i ! GCOSPATIA6 https:llgpubfc.schnoidereorp.comiApplication.aspx7ApplD=1109&LayerlD=27655&PageTypelD=4&PagelD=11279&KeyVslue=313928000p9tM0 f9g... 2/2 J O 00 00 Indian River County PropeAy App Wsw PROPERTY APPRAISAL INFORMATION 2023 2023-0.40154389374, PROPERTY 40164 R RES 10/20/2015 OWNER E: BURRELL DIVERSIFIED INVESTMENTS LLC TAX AREA: 1 IMPROVEMENT VALUE 0 Lego 369374 EAST COOPER AVE `401 Ea4' LAND MARKET + I A09,691 SEC 34 TWN 31 RNG 39 BEING THE S HALF OF GOV LOT 4 ASPEN, CO 81611 TOTAL MARKET VALUE = 1.409,691 ACRES: 29•6211)(1 AG VAWE = 0 APPR VAL METHOD: Cast PRODUCTIVITY LOSS e 0 SOH %: 0•00 ASSESSED VALUE = 1.409,691 31393400000004800001.0 DBA: NSOH"%: 100•00 EXEMPTION VALUE SITUS UNASSIGNED VERO BEACH, FL 32967 NSOH58%: 100-00 TAXABLE VALUE = 1,409,891 GENERAL SKETCH INFORMATION EXEMPTIONS UTILITIES LAST APPR. DTR TOPOGRAGPHY LAST APPR. YR 2020 ROAD ACCESS LAST INSP. DATE 0611212020 ZONING RM4 NEXT INSP. DATE PICTURE PRIMARY USE 9900 # OF IMPRV NEXT REASON REMARKS BXALDING PERMITS ISSUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL SALES INFORMATION SALE OT PRICE GRANTOR DEED INFO 03111/2022 3,900,0W AC VERO BEACH LLC WD 1352012135 08101f = 2,2W,000 •J D J PARTNERSHIP WD / 1623 / 2289 07/01/1985 100 7141284 :idtlfa5' 7itafaE °wNir'-w01*11 tlnieRrAW- AOR00i1h. �wsRon: .use . r Tawe WW CLmms aft Lr Lm Atom AMF1�V-7 r TR CM VMW WN FINE WM RM COW AW NUVAM ' FaATiM>M mc a:actsttoM tRSTS CGae onaatmat uNre tees IIRSIOIk !MIRE: sNttte SIH4MlSSRF �. IAMOVA1r1A110M ��eA C�rlq: wii AASe glS,er MICOSG'IMRYVALIIATtON Lowl0wIWN 3ONMe LIME SOIL CLS TANX iN mEm Witt twrpmm OMOSSVAL Am LA=Aw SRC MffVAL Ae ACM AO WtE AGTME Ae aR PRO AeVAWE 1 Acm RM-6 OM SPECIAL N A 21.8000AC 75.000.00 1.635,000 1.00 0.85A 1,389,750 N 0.00 0 2 Acm RM-6 95T SPECIAL N A 7.82DOAC 3.000.00 23,460 1.00 0.85 A 19,941 N 0J10 0 LwW Totd :1.409.891 29.6200 1 A08.691 0 Page 1 of 1 Effective Date of Appralsol: January Date PA. 10f2a12022 5:412" by omurf" i W*WD•40164 1/5123, 9:26 AM gPublic.net - Indian River County, FL - Report: 31392800000001000007.0 Indian River County, FL Parcel Summary Pawl 31392800000001000007A Prop1D 39716 Locstion 922044THAVE Address SEBASTIAN, FL 32958 Nelghborhood EUS1SSob Cdy/WabassoM&B(01013054) Market Area 01 Brief Tax SEC 28 TWP 21 RNG 39 GOVT LOT I MORE FULLY DESC FROM A CONCRETE MONUMENT Description WHICHISTHESWCOROFGOVTLOTIADISOF959.80FTTHRUN N21-33-OCYWADISOF 863A9 FT TO THE POB TH CONT N21-33-WW A DIS OF i4i.28 FTTH RUN SOS-09-04E FOR A DIS OF 200 FTTH RU PrepertVUse Single Family - Improved (0100) Code SedTw ling 28.31-39 T6xDbdrl:t 1- NORTH COUNTYWISEBINLET Millage Rate 14.1039 Acreage 0.38 Homestead Y View Map Metes and Bounds Owner Information PrimwyOwner Tbmberg Mark (Le) &Lorraine (Le) 1208wt700085 Wabasso, FL 32970 Additlonal Owner Tomberg.leff (.e) AdditlonalOwner Tomberg Verarca (25%) ''IYaas a "YY-_ e 1L ----- Valuation 2022 Cefted Values 2021 Certified Values 2020 Certified Values 2019 Certif ed Values 2018 Certified Values improvement Value $213,780 $299.127 $174764 $101.118 $115.657 Land Value $31SX17 $210,544 $210,50 $210,544 $169A90 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $529597 $409,671 $38708 $3111A2 VJM347 Assessed Value $307,379 $298.426 $294,306 $287,689 $282,325 Exempt Value $50A00 $50,0m $50.000 $506000 $SoAoo Taxable Value $257.379 $246.426 $244,306 $237,689 $232,325 Maximum Save Our Honm Portabillty $222.218 $111,245 $93,002 $23,973 $22,822 Tames $3,927.17 $3.922.44 $3,91Q82 $3,921A0 $3,891.07 Current Exemptions an this parcel; HEX - Exemption of Homesteads Reporting requirement on tax roll according to S.196.002(1) HD(A- Additional 25.000 Homestead Exemption "Just (Market) Value" description- This Is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price. Historical Valuator Land Information Code Land Use Desc Amenity Acres Square Feet Act, Frontage Eft Frontage Depth Zoning E SF Zoned; Single Site R - River 0.38 16552.8 60.55 85.12 169.67 RS-1 ht1psJ/gpublic.schneidercorp.00m/Application.aspx?ApplD=1109&LayerlD=27656&PageTypeID=4&PagelD=i1279&KeyVelue=313928009WQWQ(W„ 1/4 1 /5/23, 9:26 AM gPublic.net - Indian River County, FL - Report: 31392800000001000007.0 Building Information Tyne Residence Hc&v Total Area 1,782 HVAC Forced Hot Air, w/AIrCd Heated Area 1,782 Bathrooms 2 Eatelor VValb Asbestos Shingles on Frain Bedrooms 2 Interior Mills Drywall TOW Rooms 6 Rooft Stories LS Rootiype Actual YearBuift 1965 France Effective Year Built 1990 Fbw CwAw Fireplace Cade i Story Type ML,celbnww Stricture HMV TatelAres 80 HVAC Heated Area eathraarns Exterior Wells Bedrooms Interior• Waib Total Rooms RoofrK Stories LO ROOfType Actual Yew Built 1965 Frame EffectiveYwrBuhk 1965 FbwCavw FbepbceCods Sub Area Type Description S%Footage Clams Sub Class BuildiftUse BUIM06tin Dow Shape Value BASE Base Area 1,182 R5+ WLCODE4 0100 Residence RectanQk $132,751 ONEHH 1SStory High -40%used 600 R5+ WLCODE4 0100 Residence Rectangle $25,590 WDDK Wood Deck 7S9 R5+ WLCODE4 0100 Residence Rectangle $5.053 WDLC Wood Dock, Small 750 R5+ WLCODE4 0100 Residence Red -Via $9,921 WDWP Wood Dock WoodPllings Soo R5+ WLCODE4 0100 Residence Rectangle $37,069 Type Description S4Footage class Subclass BuildlntUm BuIldinxUsaDescr Shape value UT1 UtBity,detxhed 80 ' MISC Miscellaneous Structure $878 .,ales sale sNe Instrumard Link toOffclal Date Price Instrument Description Book Page Vauat/knproved Granter Records 9/5/2D22 $3MAW WD Warranty Deed 3580 641 Improved TOMBERGANDREW(25%YTOMBERGJEFFILEl;TOMBERG MARK (LE) 6i LORRAINE (LE) 9/5/2D22 $185,000 WD Warranty Deed 3S80 639 Improved TOMBERGANDREW(25%kTOMBERGJASON(259Q;TOMBERG JEFF (LEI 9/5/2022 $115.000 WD Warranty Deed 3500 637 Improved TOMBERGANDREW125%Y.TOMBERGASHLEY(25%YTiOMBERG JASON (25%) 7/1/2014 $100 09 QultClalmclear 2777 38 Improved `TOMBERGJEFF(INDIMXTR)OF Title 3/1/2014 $300 Q9 Quitciaimaear 2751 1470 Improved 'TOMBERGJEFF(INDI(SUCTR)OF Title 2/3/2011 $100 QC Quitclaim 2482 1596 Improved 'TOMBERGROBERTA Doando.ki 6/1/1985 $100 01 Otherinstrument 711 1588 Improved 'TOMBERGJOSEPHROBERTM Permits PermItNumber Type Primary Active law Date CoepledonDate Value 2001051065 Dock Yes No B/16/2001 S35oo 2DD1051074 Fence Yes No 5/23/2001 $2,5oo httpsJ/gpubiic.schnoidercorp,com/Application.aspx?ApplD=1109&Layerl D-27655&Pag9TypeID=4&PageID=11279&KeyValue=31392809g0001�1 W... 2/4 1/5123, 9:26 AM gPublic.net - Indian River County, FL- Report: 31392800000001000007.0 30ft 0) BASE [Area: 570 ftq 30ft 30ft N) P) BONERF HN � o [Area: 600 ftq 3fi ,I] Photos Map 30ft survey. While every effort has been made to ensure that this data is accurate and reliable within the limits of the current state of the art, Indian River property Appraiser cannot assume liability for any damages caused by an errors or omissions in the data, nor as a result of the failure of data to function on a particular system Indian River Property Appraiser makes no warranty, expressed or implied, nor does the fact of distribution constitute such a warranty. For thedefinitive description of real property, consult the deed recorded in the County Clerks Office. mar. No date wallabk forthe folloWlns modules: edra Features. https:/lgpublic.schnoidereorp.conVApplication.aspx?ApplD=1109&LayerlD=27655&PageTypelD=4&PagelD=l1279&KeyValue=313928000'poWfOpSO,., 3/4 116/23, 9:26 AM gPublic.net - Indian River County, FL - Report: 31392800000001000007.0 httpsllgpublic.schneidercorp.comlApplicatlon.aspx7ApplD=1109&LayerlD=27655&PageTypelD=4&PagelD=11279&KeyVa Iue=31392"0 1M0... 4/4 1/5123, 9:25 AM gPublic.net - Indian Rarer County, Fl- - Report: 31392800000001000009.0 Indian River County, FL Parcel Summary Parcel ID 313928000001101000(109.0 Prop ID 38719 Location 9211044THAVE Address Neighborhood Market Area B"Tax Desalpdon Property Use Code SKAWp/Rng Tax Dhtrkt Mlbp Rate Acreage Homestead SEBASTIAN,FL32958 E US1 S Sob Cky/Wabasso M&B (01013054) - I Ol SEC 28TWN31RNG39GOVLOT 1FROM ACONCRETEMONUMENiWHICHISINTHE SW ■ CDR OF GOV LVr 1 SEC 28 RUN E AL THE S BNDRY OF SAID GOV LOT i FOR DIS OF 9598 FT THRUN N21-33WFOR ADISOF66984TOTHEPOBTHCONTN21-33WFOR ADISOF111,64'�' ' FTTH RUN E FOR Single Family - Improved (0100) _ 28-31-39 1- NORTH COUNTY W/SEB INLET 14,1039 0.38 N • / 1�1 11 I • I View Map Metes and Bounds Owner Information Primary Owner Cabrera Teresa $832NW 194thTer Mlami, FL 33018 Valuation 2022 CertltreciValues 2021 Certified Values 2020Cerfiried Values 2019CertUied Values 2020 Certified Values Improvement Value $91,643 $64.412 $74,245 $41,899 $30,398 Land Value $293,791 $228,505 $195,861 $195.861 $220,344 Land Agricultural Value $0 $0 $0 $0 $0 Agricultural (Market) Value $0 $0 $0 $0 $0 Just (Market) Value $385,434 $31%917 $270,106 $237,760 $250,742 Assessed Value $385434 $239,352 $236,048 $230.741 $224,479 Exempt Value $0 $50.000 $50,000 $50,000 $50,ODD Taxable Value $385A34 $109.352 $186.048 $180.741 $174,479 Maximum Save Our Homes Portability $0 $73S65 $34.058 $7,019 $26,263 Taxes $5,S83.60 $3,05923 $3,046.26 $3,05D.19 $2,993.63 "Just (Market) Value" description - This Is the value established by the Property Appraiser for ad valorem purposes This value does not represent anticipated selling price. Historical Valuation Land Information Code land Use Desc Amenity are Feet Act Frontage Eft. Frontage Depth Zoning F SF-MFZoned R - River 16552.8 IIIA4 111.64 ISO PM-6 Building Information Type Residence HC&V TotalArea 1,008 HVAC Forced HotAir,w/AirCd HededArea 720 Bathrooms 2 Exteriorwaik Concrete Block Bedrooms 2 Interior Walls Plaster Total Rooms 4 Roofing Storks 1.0 RoofType Actual YearBuik 1969 Frame Effective Year Built 1969 Floor Cover Fireplace Code Sub Area Type Description Sq.Footoge Class Subclass Buiklinguse Building Use Descr Shape Value BASE Base Area 720 R4+ WLCODE4 0100 Residence Rectangle $75,621 CONC CencretelFkxws,slabs) 290 R4+ WLCODE4 0100 Residence Rectangle $1,351 DRCN Driveway, Concrete 3W R4+ WLCODE4 0100 Residence Rectangle $1,398 PC20 Carport-20%used 192 R4+ WLCODE4 0100 Residence Rectangle $3,888 UT50 Udity-50%used % R4+ WLCODE4 0100 Residence Rectangle $4,859 WDWP Wood Dock, Wood Pilings 100 ' 0100 Residence $4,472 https:llgpublic.schneidereorp.com/Application.aspx?ApplD=1109&LayerlD=27655&PageTypeID=4&PagelD=11279&KeyValue=313928001"08 g... 1l3 1/5/23, 9:25 AM Sales Sale Date 9/27/2022 7/14/2021 12fV1999 Permits Permit Nomber 20IM51384 Sketches Photos gPublic.net - Indian River County, FL- Report: 31392800000001000009.0 Instrument Sale Price kMrument DaKription Book Page WurMAmproved Grantor LinktoOfSchifteoords $735,000 WD WarnmtyDeed 3573 1996 Improved SAILEYWILLIAMDJR(TR) $375"0 WD Warranty Deed 3455 872 Improved APPLEGATE GLEN R (K & SUSAN R $100 WD Warranty Deed 1313 1268 Improved APPLEGATEGLEN M*JEAN Type Primary Acdve IssueDate compkdon Date Value Roofing Yes No 5/25=18 $9,075 30ft 0} $ BASE N N [Area: 720 ft2] 30ft UT50 [Area: 96 ftq 12ft 12ft 0) c:PC20 Area: 192 ft2F 12ft hops //gpubec schrteidercorp.cornlApplication.aspx?AppID=1108&LayerID=27855&PageTypelD=4&PageID=11279&KeyValue=313928QODO0OOVIV... 2/3 166.045 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. 286.0] - History.—s. 2, ch. 84-298; s. 2, ch. 88-315; s. 35, ch. 90-360; s. 9, ch. 94-240; s. 46, ch. 96-406; s. 30, ch. 2016-233. Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us 83 of 188 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 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 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. (Supp. No. 68) Created: 2022-12-12 15:50:12 [EST] Page 1 of 3 84 of 188 (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 administration 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 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) To 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 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 (Supp. No. 68) Created: 2022-12-12 15:50:12 [EST] Page 2 of 3 85 of 188 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(s)—Municipal home rule powers, F.S. ch. 166. (Supp. No. 68) Created: 2022-12-12 15:50:12 [EST] Page 3 of 3 86 of 188 Mortgage Calculator Auto Loan Calculator Loan Calculator Refinance Calculator Business Loan Calculator Business Loan Calculator Receiving the right funding for your business is essential for its growth. Our business loan calculator lets you analyze different scenarios quickly and efficiently. With just a few simple questions, you'll be able to see how much that business loan will cost your company. Before you sign for the loan, use this calculator to make sure you understand the total interest and fees that you'll pay over time. Fortunately, with this calculator, you'll have all the information you need to make the right decision for your business. With the right lender, interest rates are relatively low for all types of business loans right now. As such, now might be the perfect time to get the money you need to expand your business in new and innovative ways) Loan Amount: $ 2,000,000 $24,265.52 Monthly Payment Interest Rate: 8 % $911,862 Total Interest Paid Loan Term: 10 years V $2,911,862 Total of 120 Payments Mar, 2023 Feb, 2033 Start Date: Loan Closing Loan Payoff Mar v 2023 Origination Fee: 0 % Documentation Fee: $ 0 a 87 of 188 Amortization Schedule Date Interest Principal Balance Mar, 2023 $13,333 $10,932 $1,989,068 Apr, 2023 $13,260 $11,005 $1,978,063 May, 2023 $13,187 $11,078 $1,966,984 Jun, 2023 $13,113 $11,152 $1,955,832 Jul, 2023 $13,039 $11,227 $1,944,605 Aug, 2023 $12,964 $11,301 $1,933,304 Sep, 2023 $12,889 $11,377 $1,921,927 Oct, 2023 $12,813 $11,453 $1,910,474 Nov, 2023 $12,736 $11,529 $1,898,945 Dec, 2023 $12,660 $11,606 $1,887,339 2023 $129,995 $112,661 $1,887,339 Jan,2024 $12,582 $11,683 $1,875,656 Feb,2024 $12,504 $11,761 $1,863,895 Mar, 2024 $12,426 $11,840 $1,852,056 Apr, 2024 $12,347 $11,918 $1,840,137 May, 2024 $12,268 $11,998 $1,828,139 Jun,2024 $12,188 $12,078 $1,816,061 Jul, 2024 $12.107 $12,158 $1,803,903 Aug, 2024 $12,026 $12,240 $1,791,663 Sep, 2024 $11,944 $12,321 $1,779,342 Oct, 2024 $11,862 $12,403 $1,766,939 Nov, 2024 $11,780 $12,485 $1,754,453 Dec, 2024 $11,696 $12,569 $1,741,884 2024 $145,731 $145,456 $1,741,884 Jan, 2025 $11,613 $12,653 $1,729,231 Feb, 2025 $11,528 $12,737 $1,716,494 Mar, 2025 $11,443 $12,822 $1,703,671 Apr, 2025 $11,358 $12,908 $1,690,764 May, 2025 $11,272 $12,994 $1,677,770 Jun, 2025 $11,185 $13,080 $1,664,689 Jul, 2025 $11,098 $13,168 $1,651,522 Aug,2025 $11,010 $13,255 $1,638,267 Sep, 2025 $10,922 $13,344 $1,624,923 Oct, 2025 $10,833 $13,433 $1,611,490 Nov, 2025 $10,743 $13,522 $1,597,968 Dec, 2025 $10,653 $13,612 $1,584,355 2025 $133,658 $157,528 $1,584,355 Jan, 2026 $10,562 $13,703 $1,570,662 Feb, 2026 $10,471 $13,795 $1,556,858 Mar, 2026 $10.379 $13,886 $1,542,971 Apr, 2026 $10,286 $13,979 $1,528,992 May, 2026 $10,193 $14,072 $1,514,920 88 of 188 Date Interest Principal Balance Jun,2026 $10,099 $14,166 I$1,500,754 Jul, 2026 1$10,005 $14.260 $1,486,493 Aug, 2026 $9,910 $14,356 $1,472,138 Sep, 2026 $9,814 $14,451 $1,457,687 Oct, 2026 $9,718 $14,548 $1,443,139 Nov, 2026 $9,621 $14,645 $1,428,494 Dec, 2026 $9,523 1 $14,742 $1,413,752 2026 $120,583 $170,603 $1,413,752 Jan, 2027 $9,425 $14.841 $1,398,912 Feb, 2027 $9,326 $14,939 $1,383,972 Mar, 2027 $9,226 $15,039 $1,368,933 Apr, 2027 $9,126 $15,139 $1,353,794 May, 2027 $9,025 $15,240 $1,338,554 Jun, 2027 $8,924 $15,342 $1,323,212 Jul, 2027 $8,821 $15,444 $1,307,768 Aug,2027 $8,718 $15,547 $1,292,221 Sep, 2027 $8,615 $15.651 $1,276,570 Oct, 2027 $8,510 $15,755 $1,260,815 Nov, 2027 $8,405 $15,860 $1,244,955 Dec, 2027 $8,300 $15,966 $1,228,989 2027 $106,423 $184,763 $1,228,989 Jan, 2028 $8,193 $16,072 $1,212.917 Feb, 2028 $8,086 $16,179 $1,196,737 Mar, 2028 $7,978 $16,287 $1,180,450 Apr, 2028 $7,870 $16,396 $1,164,054 May, 2028 $7,760 $16,505 $1,147,549 Jun, 2028 $7,650 $16,615 i $1,130,934 Jul, 2028 $7,540 $16,726 1 $1,114,208 Aug, 2028 $7,428 $16,837 i $1,097,370 Sep, 2028 $7,316 $16,950 $1,080,421 Oct, 2028 $7,203 $17,063 $1,063,358 Nov, 2028 $7,089 $17,176 $1,046,182 Dec, 2028 $6,975 $17,291 $1,028,891 2028 $91,088 $200,098 $1,028,891 Jan, 2029 $6,859 $17,406 $1,011,484 Feb, 2029 $6,743 $17,522 $993,952 Mar, 2029 $6,626 $17,639 $976,323 Apr, 2029 $6,509 $17,757 $958,566 May, 2029 $6,390 $17,875 $940,691 Jun, 2029 $6,271 $17,994 $922,697 Jul, 2029 $6,151 $18,114 $904,583 Aug,2029 $6,031 $18,235 $886,348 Sep, 2029 $5,909 $18,357 $867,991 Oct, 2029 $5,787 $18,479 $849,512 Nov, 2029 $5,663 $18,602 $830,910 Date Interest Principal Balance Dec, 2029 $5,539 $18,726 $812,184 2029 j $74,480 $216,707 $812,184 Jan, 2030 $5,415 $18,851 $793,333 Feb, 2030 $5,289 $18,977 $774,357 Mar, 2030 $5,162 $19,103 $755,263 Apr, 2030 $5,035 $19,230 $736,023 May, 2030 $4,907 $19,359 $716,664 Jun,2030 $4,778 $19,488 $697,176 Jul, 2030 $4,648 $19,618 $677,559 Aug, 2030 $4,517 $19,748 $657,810 Sep, 2030 $4,385 $19,880 $637,930 Oct, 2030 $4,253 $20,013 $617,918 Nov, 2030 $4,119 $20,146 $597,771 Dec, 2030 $3,985 $20,280 $577,491 2030 $56,493 $234,693 $577,491 Jan, 2031 $3,850 $20,416 $557,075 Feb, 2031 $3,714 $20,552 $536,524 Mar, 2031 $3,577 $20,689 $515,835 Apr, 2031 $3,439 $20,827 ; $495,009 May, 2031 $3,300 $20,965 $474,043 Jun, 2031 $3,160 $21,105 $452,938 Jul, 2031 $3,020 $21,246 $431,692 Aug, 2031 $2,878 $21,388 $410,304 Sep, 2031 $2,735 $21,530 $388,774 Oct, 2031 $2,592 $21,674 $367,100 Nov, 2031 $2,447 $21,818 $345,282 Dec, 2031 $2,302 $21,964 $323,319 2031 $37,014 $254,172 $323,319 Jan, 2032 $2,155 $22,110 $301,209 Feb, 2032 $2,008 $22,257 $278,951 Mar, 2032 $1,860 $22,406 $256,545 Apr, 2032 $1,710 $22,555 $233,990 May, 2032 ~Jun, $1,560 $22,706 $211,284 2032 $1,409 $22,957 $188,428 Jul, 2032 $1,256 $23,009 $165,418 Aug, 2032 $1,103 $23,163 $142,255 Sep,2032 $948 $23,317 $118,938 Oct, 2032 $793 $23,473 $95,466 Nov, 2032 $636 $23,629 $71,837 Dec, 2032 $479 $23,787 $48,050 2032 $15.918 $275,269 $48,050 Jan, 2033 $320 $23,945 $24,105 Feb, 2033 $161 $24,105 $0 2033 $4W $48,050 $0 90 of 188 DISCRETIONARY SALES TAX FUND (DST) PROJECTED BALANCES FISCAL YEARS 2023-2028 FY 20-21 FY 21-22 FY 22.23 FY 23-24 FY 24-25 FY 25-20 FY 2647 FY 27.28 DST Revenue (3.0% Growth) $ 4,037,460 $ 5.010,327 $ 6,160,637 $ 5,315,456 $ 5,474.920 $ 5,639,167 $ 5,808,342 $ 5,982,592 Principal on $285,000 Airport Loan 09/29/08 7,279 7,570 7,873 10,188 10.596 11.019 11,460 11,919 Interest from $285,000 Airport Advance 10,721 10,430 10,127 9,812 9,404 8,981 8,540 8,081 Principal on $267,511 Airport Loan 01/05/11 2,105 8,189 8,517 81858 9,212 9,580 11,984 12,442 Interest from $267.511 Airport Advance 10,395 10,311 91983 9,642 9,288 8,920 8,536 8,058 investment Income 14.082 12.000 61.709 9,807 10.199 17,599 26.997 36149 DST PROJECTED REVENUE $ 4,082,042 $ 6,058,827 $ 5.258.846 $ 6.363,763 $ 5,523,619 $ 5,696,266 $ 6.675,839 $ 6,069,242 Stormwater Debt $ 400,961 $ 233,403 $ $ $ $ - $ $ Payments on Sembler Propp r_ 742,666 291107 291,187 291.187 291,187 291.187 Server/Host Update - VX Rail Lease , 43,195 4:1,1'Jr 45,355 45,355 45,365 45,355 Email Archive System 60,000 Backup System Update 40,000 Exchange Server 28,338 City Computers 31,063 45,000 35,000 46,000 35,000 45,000 35,000 45,000 Audio Visual Equipment 75,973 COSty Equipment 11,679 10,000 15,000 15,000 15,000 15,000 15,000 15,000 Phone System - 100.000 Network Infrastructure 34,713 30,000 30,000 30,000 30.000 30,000 30,000 30,000 Over -the -Air Connections - 14,990 Core and Remote Switches 26,000 26,000 Security Cameras at Parks 28,700 10,000 10,000 10,000 10,000 10,000 Scale Computing Platform 113,876 CAD/RMS System Update 139,200 60,775 60,775 60,775 60,775 60,775 60,776 Police Vehicle/Body Cameras - 5% More 41,191 78,583 88,183 88,183 88,183 92,592 92,592 92,592 Police Vehicles - 3 Added - 664.982 512.200 333,060 349,713 367,199 386,559 404,837 Road Patrol Armored Vehicle 310,000 Police COPE Trailer 20,500 Police Utility Vehicle 18,000 Evidence Compound Work 32.133 5.839 Street Reconstruction 500,000 Roads Concrete Mixer Truck 376,000 Roads Division Wheel Loader 203,306 Roads Division Bucket Truck 190.000 Roads Division Dump Truck 142,000 Brush Truck for Roads Dept. 116,000 Paveway System on Highway 1 358,200 Railroad Crossing Sidewalk 90,000 Sidewalk Fronting Davits Dialysis 200,000 Facilities Maintenance Truck - 61,225 Public Facilities Compound 2,902,828 6,491,630 Emergency Generators 200,000 Air Conditioner Replacement 25,000 25,000 25,000 Barber Street Lightning System 24,000 Working waterfront 280,533 CDBG Sidewalks 17,849 7,151 Harrison Street Park Plaza Design 0 0 Tree Protection Plan 41,070 94,265 City Entrance Signs 38,300 5,700 City Hall Electronic Marquee Sign 29,341 Stormwater Bulldozer 150,000 Sllplining or Pipe Replacement 87,045 250,000 150,000 165,000 182,000 200,000 220,000 242,000 Swales and Culverts 160,000 165,000 182,000 200,000 200,000 242,000 Canal Restoration - 500.000 500.000 Tulip Road Crossing 250,000 Bayfront Road Crossing 250,000 Ocean Cove 350,000 Stormwater Master Plan 9,863 340,137 Stonecrop Drainage - Phase II 365,146 Constriction of Hangar "D", Then Office 116,518 286,663 Construct Two Square Hangars 6,419 144,000 600,000 Engineer and Construct Shade Hangar 49,084 220,000 Construct Taxi Lane/Repair Taxiway Alpha - 36,552 Establish Sewer Services 430,017 Design Road and Utilities Along Runway 13-31 50,000 Construct Road and Utilities Along Runway 13-31 300,000 300,000 Reconstruct Runway 05-23 79,273 79,273 Reconstruct Alpha Apron 250,000 Design/Construct Taxiway Golf on Runway 13.31 10.945 197,520 197,520 TOTAL EXPENDITURES FY 21 4,763,002 TOTAL EXPENDITURES FY 22 9,967,318 TOTAL EXPENDITURES FY 23 6,130,128 TOTAL EXPENDITURES FY 24 2,483,873 TOTAL EXPENDITURES FY 25 1,850,158 TOTAL EXPENDITURES FY 26 2,124.628 TOTAL EXPENDITURES FY 27 1,93Y,w8b TOTAL EXPENDITURES FY 28 1,778,746 BEGINNING FUND BALANCE $ 6,897,976 $ 6,217,632 $ 1,293,382 $1,397,710 $ 4.277,600 $ 7,951,060 $11,521,698 $16,464,549 BUDGET RESERVE - 5% OF REVENUE 201,873 250,516 268,032 265,773 273,746 281.968 290,417 299,130 RESERVE FOR ADVANCES UNRESTRICTED RESERVE BALANCE 616.507 502 748 486 358 467 312 447 504 6tl 426,905 403,481 379.120 S 6,IT7,596 S 6,4ti Wti $ U)WV92 ; W4S;;; a 310-bb-, $ 7,242,197 $ 10,827,800 $ 14,766.299 TOTAL REVENUES - Excluding Principal 4,072,656 5,043,068 5,242,456 5.363.763 5.523,619 6,695,266 5,876,839 6,059,242 TOTAL EXPENDITURES hNUIN(sFUNUWAI.ANGt 4 753 002 9 967 318 5138128 ba�acu 2 483 873 1,8g60168 /,cc�oia 9124 628 1 932 988 1770,746 ya14 .1 io a e�aw�a�a y y ik/o�[aw a i�rri%wi kv ieV rar+ Cash on Hand $ 6,699,125 $ 790.634 $ 911,352 $ 3,810.288 $ 7,603.556 $11,094,793 $15.061.068 $19,365,924 Advances to Other Funds - Balance After FY 27-28: $285,OOD Airport Advance 09/29/08 190,117 $267,511 Airport Advance 01/05/11 166,613 91 of 188 Ma SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Agenda Item Title: Stormwater Related Codes and Ordinances Recommendation: No Recommendation — This agenda item acts as a reminder of existing policies in place related to stormwater codes and ordinances Background: With recent construction levels in Sebastian concern has grown regarding impacts of newer homes on adjacent existing properties. Our codes and ordinances put in place regulations to protect existing drainage conditions. In this agenda we have provided a compilation of sections of the Land Development Code as well as the Code of Ordinances. For ease, only sections related to construction and drainage have been included. In addition to these excerpts there are sections related to illicit discharge and pollution regulations. However, these were not included since these are not related to the pathway of drainage, rather they are related to the quality of water. Per Council's request staff has compiled these sections for reference. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. City of Sebastian Stormwater Codes and Ordinance Compilation Administrative Services Departm t Rev'�- i _ f City Attorney Review - Procurement / Division:eview,/i�fappucde: /V �� City Manager Authorization: Date: 92 of 188 LAND DEVELOPMENT CODE REGULATIONS & CODE of ORDINANCES RE: FILL/DRAINAGE ON SINGLE-FAMILY/DUPLEX LOTS: LAND DEVELOPMENT CODES: Article VII - General Regulations 1). LDC Section 54-2-7.15 Land excavation or fill. (d) Fill on single-fomily and duplex lots. (1) Prior city approval required. No filling of a lot shall be undertaken without the prior written approval of the city engineer pursuant to article XII. (2) Criteria for land fill and drainage. During the filling of lots where there is either one or more side drainage ditches or swales, or rear drainage ditch or swale, or anv combination thereof on such lot, the fill on the lot shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to prevent standing of water therein. Where any culvert pipe is laid under a driveway or similar installation, the pipe shall be approved by the city engineer pursuant to section 54-3-10.5(f). When sod is used in the bottom of the swale, it shall be placed below the invert of the culvert pipe. (3) Maintenance of surface water management improvements. It shall be the continuous responsibility of anv owner of a lot to maintain such swales, ditches, and pipes on the site to maintain the proper flow of surface water. Article X — Appearance, Design and Compatibility 2). LDC Section 54-3-10.5 Construction of driveways and roadside swales (a) City approval required. The construction of all drainage facilities For new or existing driveways or other elements of the circulation system potentially impacting traffic and drainage on any city maintained public road shall be approved by the city engineer prior to commencement of construction or excavation activity. The application shall be accompanied by a nonrefundable fee, A permit must be obtained from the city engineer after paying the established fee in order to change, modify, construct, reconstruct, or repair any drainpipe under a driveway, or any other structure or landfill accessory to any driveway, if any such structure or landfill might adversely affect drainage of any drainage swale. This fee shall not be required for any driveway in existence on the effective date of this section. No drainage in conjunction with a driveway other than the properly sized pipe will be permitted. (b) General design criteria. (1) Primary driveways are required to be surfaced with asphalt topping or concrete, and culverts shall be designed to meet accepted engineering standards. The city engineer shall apply best management principles and practices in implementing the provisions of this section. The city engineering department can approve alternative surfacing materials after thorough review of the product specifications determines that the proposed material satisfies the intent of this ordinance. If removed in conjunction with any approved city right-of-way work, replacement of alternative materials will be the responsibility of the owner; (2) New driveways and/or improvements to existing driveways and other elements of the circulation system shall provide adequate drainage, swales, ditches or similar stormwater channels; and 93 of 188 (3) Any swale, drainage ditch or other drainageway shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to discourage ponding of water therein. Where any culvert pipe is laid under a driveway or similar installation, the final grade of the fill with sod overlay shall be at least two inches below the invert of the ends of the pipe so that the sod does not obstruct the flow of water from the pipe. (f) Drains under driveways for swale ditches. (1) All driveways over a Swale ditch shall be provided with a swale drainage pipe. The pipe size depends on the location within the drainage basin and shall be determined by city engineer. The pipe shall be constructed of corrugated aluminum, high -density polyethylene or reinforced concrete pipe. The culvert pipe length is determined by the city engineer and is based upon sufficient length to provide a three to one sloped mitered end headwall on each end of the pipe. (g) Inspections. The following inspections are required by the engineering department. (1) Line and grade. (2) Pipe inspection (pre -pour) and driveway. (3) Final inspection. (4) Location of driveways shall satisfy all established design standards. (5) Reclamation: It shall be the responsibility of the permit holder to make proper repairs of all negligent damage to road pavement, swales, or adjacent properties prior to issuance of final approvals. Repairs shall be made in accordance with standard details in the engineering department. No final inspection or bond release will be approved until all re -inspection fees have been paid. No permanent power hookups or certificate of occupancy shall be issued by the building department until the appropriate release is obtained from the engineering department. (h) Maintenance not an obligation of city. The issuance of a permit under this article does not constitute any obligation on the city to maintain driveways. Additionally, the city will not be responsible for maintenance of alternative surfacing or architectural materials/features of driveways. Article XI — Environmental Protection 3). LDC Section 54-3-11.2. — Soil erosion and sedimentation control (a) Required soil erosion and sedimentation control plan. In order to prevent both soil erosion and sedimentation, a soil erosion and sedimentation control plan shall be required as a part of an application for a subdivision construction permit, site plan review, plot plan review of a single-familv residential lot and whenever a development will involve anv clearing, removal of native or protected vegetation, grading, transporting, or other form of disturbing land by the movement of earth. (b) Erosion control measures. All measures necessary to minimize soil erosion and to control sedimentation in the disturbed land area shall be implemented. The following protection shall be provided for all disturbed areas: minimize velocities of water runoff and wind erosion, maximize protection of disturbed areas from stormwater runoff, and prevent or retain sedimentation within the development site as early as possible following disturbances. A list of major problem areas for erosion and sedimentation control follows. For each one, the purpose(s) of requiring control is described. Soil erosion and sedimentation control measures for all such areas shall be provided with a view toward achieving the specific purpose listed below for which a control plan is required: (1) Erodable slopes: Prevent detachment and transportation of soil particles from slope. (2) Streams, streambeds, streambanks, bodies of water, lake shorelines: Prevent detachment and transportation of soil particles. 94 of 188 (3) Drainageways: Prevent detachment and transportation of soil particles (which would otherwise deposit in streams, bodies of water, or wetlands); promote deposit or sediment loads (traversing these areas) before these reach bodies of water. (5) Enclosed drainage structure: Prevent sedimentation in structure, erosion at outfall of system and deposit of sediment loads within system or beyond it. (6) Large flat surface areas (unpaved): Prevent detachment of soil particles and their off -site transportation. (7) Impervious surfaces: Prevent the detachment and transportation of soil (in response to an increase in the rate and/or volume of runoff of the site or its concentration caused by impervious surfaces). (c) Applicobility. Appropriate measures shall be taken during land clearing and building operations to assure that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable erosion control material. The provision shall be applicable to the act of subdividing and installation of related improvements as well as during the development review process including the period during which improvements may occur as well as the length of time soil may be exposed to the environment. The tree and native vegetation protection ordinance shall be applicable to all clearing and grading activities and shall include specifications for management principles guiding the removal or placement of vegetation and landscaping design. Regulations shall also require developers to take precautionary measures, where necessary, to avert destruction or damage to native vegetation. Article XII — Surface Water Management 4). LDC Section 54-3-12.4. — Prohibited activity (b) It shall be illegal for any person to construct any structure in such a manner as to impede the functioning of a drainage system that is: (1) publicly maintained or (2) located on private property and is a part of a drainage system serving more than one owner when such system is located in an easement which exists for the benefit of other land owners. A structure which meets the requirements of the city's standard specifications for the construction of public facilities and physical improvements shall be presumed not to impede the functioning of the drainage system. 5). LDC Section 54-3-12.6. —Single-family drainage, stormwater management Drainage and flood protection regulations are applied to the construction of single-family and duplex homes. In newer subdivisions complete drainage systems have been constructed to address most, if not all, drainage concerns. Nonetheless, lots must be filled and graded in a manner to meet other requirements including the standards for septic tanks. The following drainage, stormwater management, and flood protection regulations apply to single-family and duplex homes. (o) Flood protection. Prior to constructing a single-family home or duplex on a parcel in a flood hazard zone, a Type "C" stormwater management permit shall be obtained from the city engineer. The city engineer shall approve any revisions to the approved permit. O :: (b) Drainage and stormwater management. Prior to constructing a single-family home or duplex on a parcel not in a flood hazard zone, a Type "D" (known as a drainage permit) Stormwater management permit shall be obtained from the city engineer. The city engineer shall approve any revisions to the approved permit. No certificates of occupancy shall be issued until a functional drainage system has been constructed and approved by the city engineer. The city engineer may require the construction of retaining walls, roof gutters, underd rains, or other facilities deemed necessary to provide adequate drainage. 6). LDC Section 54-3-12.13. — Type "D" permit (a) Criteria. All conceptual drainage plans (plot plan) shall meet the following criteria: (1) Provide a sketch to show what elevation information and datum is required, and show how slopes are calculated. (2) Property grading shall not inhibit drainage of other property. (3) Stormwater runoff shall be directed through a proper system, including driveway culvert. Property grading shall not inhibit drainage of other property. (4) Stormwater runoff shall not encroach on adjacent properties, except in the proper drainage easement. (5) Slopes on the property shall not exceed a maximum of four feet horizontal to one foot vertical. (6) The minimum finished floor elevation shall be a minimum of 18 inches above the crown of the adjacent road, unless it can be shown that the natural ground elevations provide adequate control for runoff. (7) The city shall determine the size and location of drainage facilities. (b) Required Information to be submitted with a Type "D" permit application. Each single-family or duplex home building permit, which is not located in a flood hazard zone, shall submit a conceptual drainage plan, otherwise called a plot plan, to the city. The plot plan shall depict on a survey. (1) The size and location of structures, including septic and drain field; (2) Tree locations; (3) Elevations of the structures; (4) Existing topography on property and elevations adjacent to all property lines; (5) Location and elevation of ditches, crossdrains, and swales; (6) Location and elevation of road; (7) Distance to nearest intersection in either direction; (8) Location and dimension of the driveway and any other data that may be deemed required by the city engineer; (9) Elevations shall be in NG" )NAVD 1988 and the benchmark shall be shown or location described for reference. (c) No changes to the plot plan will be allowed without approval of the revisions by the city engineer. (d) The city engineer shall place onto the plot plan the elevations, and size and location of drainage culverts constructed or other structures as may be necessary to construct the drainage system and meet the requirements of this section. If insufficient data is available on the plot plan or adjustments to the structures would be required in order to issue the permit, the city engineer shall return the plan unapproved to the applicant for revision and resubmission. (e) All plot plans shall be approved by the city engineer prior to the issuance of a land clearing or building permit. The city engineer shall approve any revisions to the approved conceptual plan. 96 of 188 7). LDC Section 54-3-12.18. — Violations (a) In the event the city engineer determines a violation exists, a written notice of violation shall be issued to the owner of the property with a copy provided to the code enforcement division. The notice shall contain: (1) The name and address of the owner. (2) The street address when available or a description of the building or land upon which the violation is occurring. (3) A statement specifying the nature of the violation. (4) A description of the remedial actions necessary to bring the development into compliance and a time schedule for completion of such remedial action. (5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed. (6) A statement that the city engineers determination of violation may be appealed to the ei-ty-s b9aFd of adjustmen`0ty Council by filing a written notice of appeal within 30 days or the period of time specified in subsection (4) above, whichever is less. (b) The notice of violation shall be served in the same manner as a code violation provided for in chapter 2, Code of Ordinances. (c) If the violation is not corrected in the specified time then the matter shall be turned over to the code enforcement staff for action. The notice required in this article shall be deemed to be sufficient for notice of violation required in chapter of the Code of Ordinances. CODE OF ORDINANCES: Chapter 26 — Buildings and Building Regulations 1). Section 26-1. Floor Elevations (a) The minimum floor elevation of residential, duplex, multiple -family residences, motels, or hotels constructed in the city shall be no less than 18 inches above the crown of the abutting improved street, and no less than six feet above mean sea level, whichever is the higher elevation. Specific standards for properties located in a flood zone shall be in accordance with chapter 46 floods. (b) The minimum floor elevation of commercial and industrial structures, private or public garages, cabanas, utility rooms, storage rooms and similar structures constructed in the city shall be no less than six inches above the crown of the abutting improved street. The elevations of floors where alley right-of-way exists shall not be less than six inches above alley paving. The floor elevation cited under subsection (a) of this section shall comply with the elevations specified in this subsection and shall be no less than six feet above mean sea level, whichever is the higher elevation. Specific standards for properties located in a flood zone shall be in accordance with chapter 46 floods. (c) The federal flood insurance rate maps, as amended, for the city are hereby incorporated into this Code by specific reference, a copy of which shall be available for inspection by the public in the office of community development. 2). Section 26-2. Blockage or unreasonable obstruction of flow of water prohibited. It shall be unlawful to block or unreasonably obstruct the natural flow of water or designed drainage of water by any means, including construction, excavation, or fill of land. During any construction activity involving clearing or fill, the perimeter of the property shall be secured with a silt barrier meeting the standards of the water management district for such devices. 97 of 188 Upon discovery of unreasonable obstructions to a public drainage facility during construction, on the first such incident a stop work order shall be issued for the iob site and the contractor shall be given notice to restore the functional flow of water within 24 hours. If the drainaee problem is not remedied within the 24 hours, the contractor shall be given a citation in the initial amount of 5500.00, and an additional fine shall be levied in said amount for each 24 hour period thereafter until the obstruction is completely remedied. Subseouent violation shall result in an immediate citation without warning in accordance with this fine schedule. Additionallv, no building code inspections will be performed on a property found in violation of this section until it comes back into compliance. Anv structure, drivewav, pipe excavation, or fill of land in violation of this section for more than 48 hours may be brought into compliance with this section by the citv. The costs thereof shall be charged to both the contractor and owner and, if unpaid after three days, shall constitute a lien upon the property equal in dignity to the lien for taxes. Appeals of any such citation shall be made to the construction board and must be filed within 48 hours. The appeal shall be limited to the factual issues going to the validity of the violation or the existence of prior violations. Upon failure to pay citations or liens imposed under this section within three days of issuance or, if appealed, within three days of resolution of such appeal, no permits shall be issued for work in the city to the person owing such amounts. 3). Section 26-5. Maximum fill elevations (a) The maximum elevation to which fill may be placed upon a construction site to be served by a septic system shall be one foot above either the elevation set for the septic tank by the health department, or the applicable minimum floor elevation pursuant to section 26-1, above, whichever is greater. (b) The maximum elevation to which fill may be placed upon a construction site not served by a septic system shall be one foot above the applicable minimum floor elevation pursuant to section 26-1, above. Chapter 90 — Streets, Sidewalks and Other Public Places 4). Section 90-86. Minimum standards for construction of driveways (4) Driveways on nonstate roads where curb and gutter are not in existence. a. Applicant shall maintain drainage in swale ditch. b. Applicant shall furnish minimum 12-inch pipe for drainage at least eight feet longer than driveway width, size of pipe to be specified in application for city engineer approval. Applicant shall provide a headwall on both sides of the pipe as per city standard design. c. The minimum and maximum width of construction and the material to be used shall be the same as in subsection (3) of this section with the exception of rebuilding existing curb. (6) The property owner, or his successor in title, shall be responsible to mark the proper elevations on plans submitted to the city engineer and the property owner shall bear the cost of any changes required in such plans and construction of proposed driveways. My OF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: January 11, 2023 AGENDA ITEM TITLE: Resolution R-23-01 Approving a Collective Bargaining Agreement to be Effective October 1, 2022 to September 30, 2025 between the City of Sebastian and the International Union of Police Associations, AFL-CIO (IUPA) Local 6053. RECOMMENDATION: Move to Consider Resolution R-23-01 Ratifying the Collective Bargaining Agreement for Police Officers covered by IUPA. BACKGROUND: City Staff and representatives of the International Union of Police Associations, AFL-CIO (IUPA) Local 6053 bargaining unit negotiated a Collective Bargaining Agreement for the period October 1, 2022 to September 30, 2025. City Staff and the IUPA Membership have agreed to a three (3) year Collective Bargaining Agreement to be effective October 1, 2022 to September 30, 2025. It is recommended that the City Council approve Resolution R-23-01. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $149,238 Funds to Be Utilized: The General Fund Budget will be amended for the pay adjustments. ATTACHMENTS: Resolution R-23-01 Collective Bargaining Agreement Administrative Services City Attorney Review:. v Procurement Division Revi w, if City Manager Authorization: Date: //S_4_? WA d 99 of 188 RESOLUTION NO. R-23-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A THREE (3) YEAR AGREEMENT FOR ALL FULL-TIME PERMANENT POLICE OFFICERS AND POLICE SERGEANTS BETWEEN THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO, (IUPA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2025; AUTHORIZING THE CITY'S RATIFICATION AND CAUSE SAID THREE (3) YEAR AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the International Union of Police Association, AFL-CIO (IUPA) is certified by the Florida Public Employees Relations Commission (Certification #2035) as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian has negotiated in good faith a Collective Bargaining Agreement with the IUPA for the period October 1, 2022 through September 30, 2025; and WHEREAS, all full-time permanent police officers and police sergeants of the International Union of Police Associations, AFL-CIO voted to ratify the three (3) year agreement; and WHEREAS, the City Council authorizes the City's ratification of the three (3) year agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The negotiated Collective Bargaining Agreement is hereby ratified. Section 2. The City Manager is authorized to notify all parties of this ratification and to cause said Collective Bargaining Agreement to be put into effect. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. 100 of 188 Section 5. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any part of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put into a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this 11 th day of January 2023. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Fred Jones, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Manny Anon, Jr. , City Attorney 101 of 188 COLLECTIVE BARGAINING AGREEMENT Between THE CITY OF SEBASTIAN, FLORIDA And INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO Contract Term From: October 1, 2022 to September 30, 2025 102 of 188 TABLE OF CONTENTS Pase No. AGREEMENT........................................................................................................................................... 2 PREAMBLE.............................................................................................................................................. 2 Article1 Recognition....................................................................................................................... 3 Article 2 Organizational Survey....................................................................................................... 3 Article3 No Strike or Lockout......................................................................................................... 4 Article4 Non-Discrimination...........................................................................................................4 Article 5 Dues Deductions............................................................................................................... 5 Article 6 Equal Employment Opportunity/Affirmative Action........................................................ 6 Article 7 Labor Management Communications............................................................................... 6 Article8 IUPA Representation......................................................................................................... 7 Article9 Bulletin Board................................................................................................................... 7 Article10 Personnel Records............................................................................................................. 8 Article 11 Rights of Law Enforcement Officers While Under Investigation ..................................... 9 Article12 Legal Benefit.....................................................................................................................13 Article13 Management Rights...........................................................................................................14 Article14 Discipline and Discharge...................................................................................................14 Article15 Rates of Pay.......................................................................................................................15 Article 16 Temporary Assignment.....................................................................................................16 Article17 Assignment Pay..............................................................................................................16 Article IS Injury Pay and Light Duty Assignments...........................................................................17 Article19 Call -Beck Pay....................................................................................................................18 Article20 On -Call Pay.......................................................................................................................18 Article21 Court Appearances............................................................................................................ IS Article 22 Bereavement Leave...........................................................................................................19 Article23 Military Leave...................................................................................................................20 Article24 Jury Duty ...........................................................................................................................20 Article 25 Voting Time/Political Activity ..........................................................................................20 Article26 Longevity Pay...................................................................................................................21 Article 27 Basic Workweek and Overtime.........................................................................................22 Article28 Holidays............................................................................................................................23 Article29 Seniority ............................................................................................................................23 Article30 Layoff and Recall..............................................................................................................24 Article 31 Promotional Examinations................................................................................................25 Article 32 Probationary Personnel......................................................................................................26 Article33 Vacation Leave..................................................................................................................27 Article34 Sick Leave.........................................................................................................................29 Article35 Personal Leave..................................................................................................................31 Article36 Leave of Absence ..............................................................................................................32 Article37 Grievance Procedure.........................................................................................................33 Article38 Arbitration.........................................................................................................................35 Article39 Job Descriptions......................................................................................36 Article40 Performance Rating Review..............................................................................................36 Article41 Group Health Insurance .....................................................................................................37 Article 42 Clothing Maintenance, Equipment and Vehicles..............................................................38 Article43 Education Reimbursement.................................................................................................39 Article44 Health and Safety ..............................................................................................................40 Article45 Training...................................................................................................... Article 46 Off -Duty Employment.....................................................................................................40 Article 47 Substance Abuse Testing...................................................................................................41 Article48 Savings Clause..................................................................................................................41 Article49 Retirement.........................................................................................................................42 Article 50 Duration of Agreement, Dates...........................................................................................44 SIGNATURE PAGE............................................................................... ................................................. 44 Appendix A Eligible and Capped Vacation and/or Sick Leave Accruals..............................................45 103 of 188 AGREEMENT Section 1. This Collective Bargaining Agreement ("Agreement") is entered into by and between the City of Sebastian, Florida, ("City" or the "Employer'), and the international Union of Police Associations, AFL-CIO, ("IUPA"). It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth herein basic and full agreement between the parties concerning wages, hours, and terms and conditions of employment. Section 2. Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the City and IUPA expiring September 30, 2022 and any supplemental agreements, thereto or thereunder. Section 3. Throughout this Agreement, masculine gender pronouns shall be read to include feminine gender where appropriate. PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; and Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, comfort, and general well-being of the public, and both parties hereto recognize the need for continuous and reliable service to the public; and Whereas, both the City and its employees have a high degree of responsibility to the public and recognize the need for continuous and reliable service to the public; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility, Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, said parties hereby agree as follows: F4 104 of 188 ARTICLE 1 RECOGNITION 1.1: The City of Sebastian hereby recognizes the International Union of Police Associations, AFL- CIO, (IUPA) as the exclusive Bargaining Agent for purposes of collective bargaining with respect to wages, hours and other terms and conditions of employment for all employees covered by the Bargaining Unit. 1.2: The Bargaining Unit for which this recognition is accorded is as defined in Case No. EL 2022- 020 (Relates to RC 2022-013) granted by the Public Employees Relations Commission to include, all full-time permanent Police Officers, Detectives and Police Sergeants of the City of Sebastian. Excluded are the Police Chief, Police Captains, Police Lieutenants, Deputy Chief, and Recruits, Reserve or Auxiliary Police of all ranks, managerial, supervisory, or confidential and all other City employees, as well as, any unclassified employees yet to exist, except those identified above. 1.3: The IUPA recognizes the City Manager or representative as the sole representative for the purpose of collective bargaining. ARTICLE 2 ORGANIZATIONAL SURVEY 2.1: The IUPA agrees that the City may conduct from time to time organizational climate surveys of members of the bargaining unit. The purpose of such surveys is to improve the organizational culture and climate of the various work units and to assist management in providing a more positive work environment for employees. 2.2: Prior to and upon completion of survey activity, the City agrees to meet and confer with the duly elected IUPA Employee Representatives to discuss survey content. 2.3: The surveys shall not include any reference to the iUPA organization or its representatives. 3 105 of 188 ARTICLE 3 NO STRIKE OR LOCK OUT 3.1: Strike, as used in this agreement, shall mean the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations of employees; the concerted abstinence, in whole or in part, by any group of employees from the full and faithful performance of their duties of employment with the Employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the Employer, the concerted failure of employees to report to work after expiration of a collective bargaining agreement. 3.2: The IUPA recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article. 3.3: Employees shall not engage in any walkout, strike, sit-down, or other interference with or interruption of police services during the term of this Agreement. The 1UPA recognizes that strikes by public employees are prohibited by Article I, Section ti of the Florida Constitution and Section 447.505, Florida Statutes. The 1UPA agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 1, above and to take all affirmative action's legally available to prevent or terminate any strike that occurs in contravention of this commitment. 3.4: The City agrees to accept and abide by all the terms and conditions of this Agreement and agrees that during the term of this Agreement it will not lock out employees. 3.5: The City recognizes the right of the IUPA to engage in informational picketing as long as such picketing is done in a lawful manner in accordance with Florida Statutes. The IUPA agrees that there will be no interference with the free and unrestricted right of any City employee to enter and leave City property. ARTICLE 4 NON-DISCRIMINATION 4.1: It is agreed that no employee shall be required as a condition of employment to join or refrain from joining the IUPA 4.2: The City agrees it will not discriminate against, coerce, or intimidate any employee covered by this Agreement because of membership or non -membership in the rUPA 4 106 of 188 ARTICLE 5 DUES DEDUCTION 5.1: Any member of the bargaining unit covered by this Agreement may authorize a payroll deduction for the purpose of paying Union dues. Such authorization shall become effective only upon receipt by the City payroll section of a fully executed Dues Deduction Form (as authorized). 5.2: Changes in Union membership dues will be in writing and from an official of the IUPA Changes must be certified to the City at least thirty (30) days prior to the effective date of that change. 5.3: Dues shall be deducted bi-weekly for as long as the IUPA remains the certified bargaining agent for the employees within the unit and promptly remitted to the IUPA as it is now remitted and shall be accompanied by a list of those employee's names whose dues are included. Remittance of dues shall occur no later than five days following each payroll cycle. 5.4: The effective date for deducting dues shall be the beginning of the pay period following the date the Dues Deduction Form is signed. All employees currently on dues deduction shall continue without further authorization. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the form is signed. 5.5: The IUPA agrees to indemnify and hold harmless against any claims, suits, orders, or judgments brought or issued against the City based on any payroll deductions of dues as provided for in this Article. 5.6: The IUPA agrees that no employees will collect or attempt to collect dues or assignments at any time during working hours, other than during break periods or periods before or after duty hours, on the City's property. 5.7: No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll period, after other deductions, are less than the amount to be deducted. k, 107 of 188 ARTICLE 6 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION 6.1: The City and the IUPA agree to full and unequivocal cooperation with each other in eliminating all discrimination and to assure all personnel programs. Policies and assignments are free from discriminatory practices. The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such disputes informally within the Department before any formal complaint is Sled. Nothing in this contract will supersede the following: • The Fair Labor Standards Act • Title VII of the Civil Rights Act of 1964, as amended, or by applicable state or local law; • Title I and Title V of the Americans with Disabilities Act of 1990, as amended or by applicable state or local law and the Rehabilitation Act of 1973, as amended, or by applicable state or local law • The Age Discrimination of Employment Act of 1967, as amended or by applicable state or local law; • The Equal Pay Act of 1963, as amended or by applicable state or local law; • Title II of the Genetic Information Nondiscrimination Act of 2008, or by applicable state or local law; • Marital status or lawfid political affiliation as prohibited under Federal Law and Florida Statutes or applicable local law. 6.2: The IUPA agrees to fully support the principles of Equal Employment Opportunity. The IUPA shall be included in the negotiation of any future consent decrees that affect the IUPA and its members. The IUPA and the City agree to abide by any future court -approved consent decree to which both parties have consented. ARTICLE 7 LABOR MANAGEMENT COMMUNICATIONS 7.1 The City agrees that periodic meetings, mutually agreed upon, between Association Representatives and the City's employee relations officials may be held to discuss problems and objectives of mutual concern involving the implementation and administration of this Agreement. The fimction of these meetings will be to discuss general matters pertaining to employee relations. WPA representation shall be limited to elected board members from local 6053 during Labor Management meeting. The BRA representation shall be limited to three (3) Unit Representatives during Labor Management meetings. The IUPA may bring as many officials as deemed necessary. Prior to the meeting, both parties agree to identify who will be present. 1.1 108 of 188 ARTICLE 8 I.U.P.A. REPRESENTATION 8.1: The Employer agrees to recognize elected officers and Union Representatives of the 1UPA The Employer agrees that during the terms of this Agreement it will deal only with such authorized representatives in matters requiring official action by the parties in accordance with this Agreement. 8.2: The 1UPA shall appoint (2) bargaining unit members to serve as the Unit Representatives and the Alternate Unit Representatives for all employees. The Unit Representatives and the Alternate Unit Representatives shall be City employees on payroll status and shall be responsible for labor relation activities associated with the administration of this Agreement. Furthermore, Unit Representatives shall be responsible for the coordinating and processing of grievances for all the Local Union members, and shall conduct activities to avoid overlapping or duplicating services of any other union representatives. These activities shall be conducted without disrupting the work of any City employee. 8.3: The IUPA agrees that Unit Representatives shall not be permitted to leave their assigned duty stations during working hours without authorization of their Supervisor or the Police Chief. The IUPA agrees to conduct all IUPA business outside of normal working hours in order not to disrupt the work of any City employee. This shall not preclude the grievance procedure from being conducted during normal working hours. 8.4: The City agrees to allow up to three Representatives of the IUPA who are on duty at the time negotiations take place with the City and the IUPA, time away from their regular duties/shift assignments to participate without loss of wages or benefits as long as it does not create a manpower/shift shortage. This will be done with the knowledge and permission of the Police Chief or designee. ARTICLE 9 BULLETIN BOARD 9.1: The City agrees to allow the IUPA the use of a bulletin board of reasonable size and department e-mail for the posting of notices of its official business pertaining to its members and to other employees. No scurrilous, defamatory, or otherwise objectionable material will be posted or emailed. The parties agree that the usage of such bulletin boards and emails will be to promote employee -employer relations, as well as keep the members and other employees informed of its activities. 9.2: Copies of all materials, notices, or announcements shall be submitted to the Police Chief or designee, before they are posted. All notices shall be signed by a duly authorized IUPA representative. 9.3: All costs incidental to the preparation and posting of IUPA material will be borne by the iUPA. IUPA is responsible for posting and removing approved materials on the designated bulletin board and for maintaining such bulletin board in an orderly condition. 7 109 of 188 ARTICLE 10 PERSONNEL RECORDS 10.1: Each employee covered by this Agreement, shall have the right to inspect his official personnel files, provided however, that such inspection shall take place during working hours at the location where the official personnel files are kept. There shall be a personnel file maintained by the Police Department that shall be considered the official personnel file for purposes of personnel actions. This file shall be maintained by the Police Department and be under the control of the Police Chief or designee; copies of disciplinary actions shall be forwarded to the Human Resources Director electronically for information purposes. 10.2: The City will have the employee sign for a copy of any adverse action document to be placed in the employee's personnel file prior to the document being placed into the files. Employees shall have the right to file a written response to any letter of reprimand or other document that is placed in the employee's personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's personnel file together with the letter of reprimand or other document against which it is directed. To the extent permitted by law and in order to protect the privacy and promote the safety of individual police officers, the City agrees not to directly or indirectly furnish the news media or public with any employee's home address, telephone number, photograph, and/or personnel records without the employee's consent. The City will abide by Florida's Public Records Law, Florida Statute Section 119.701 or as amended. 10.3: The IUPA Local 6053 agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the employee, thus mutually agreeing to the confidentiality of personnel records other than required by law. 10A Written reprimands shall not be used when considering subsequent discipline where an officer has no disciplinary action against him after receiving two (2) or more performance evaluations from the issuance of the reprimand as long as the same or a similar situation has not occurred. 10.5 Unit employees shall have the right to file a written response to any letter of reprimand or other document, which is placed in the employee's official personnel file, subsequent to the supervisory action or citizen complaint. At the unit employee's request, any such written response shall be included in the employee's official personnel file together with the letter used for the reprimand or other document to which it is directed. 8 110 of 188 ARTICLE 11 RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION. INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC 11.1: The parties recognize that the security of the City and its Citizens depends to a great extent upon the manner m which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves the employees in all manner of contacts and relationships with the public, and out of such contacts and relationships, questions or complaints may arise concerning the actions of employees covered by this Agreement. Investigation of such questions and/or complaints must necessarily be conducted by, or under the direction of, departmental sworn supervisory officials whose primary concern must be the security of the City and preservation of the public interest. A. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizen complaints and matters of internal security; provided, however, that any investigative interrogation of any employee covered by this Agreement relative to a citizen's complaint and/or a matter of internal security shall be conducted under the following conditions and in accordance with Florida Statute Chapter 112 which is incorporated herein in its entirety as a part of this agreement (should Florida Statute 112 be amended during this Agreement, such amendment shall automatically be incorporated herein): (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (2) The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and no later than forty-five (45) calendar days after the investigation is initiated. The employee shall be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint and all witness statements shall be provided to the officer who is the subject of the complaint prior to the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provision of this paragraph and provide a voluntary statement at any time. (3) The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogation officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator during any one investigative interrogation only, unless specifically waived by the subject officer. (4) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Sebastian Police Department. (5) At the request of the employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice, to be present at all times during such interrogation. (6) The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statement. 6 111 of 188 (7) If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he/she shall be completely informed of all his/her Miranda and/or Garrity v. N.J. rights prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer to submit to any device designed to measure the truth of his/her responses during questioning. (9) During interrogations, the employee shall not be subjected to offensive language or threats of transfer, dismissal, or other disciplinary actions. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. (10) During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. (11) In the interest of the internal security and fairness to the employee under investigation (criminal or administrative), the City, employee, and union representative or agent, insofar as is legally permissible, agree to make no statement concerning the investigation until such time as the investigation has been completed. (12) An employee under investigation may obtain a copy of any written statement he/she has executed. (13) In all cases wherein an employee is to be interrogated concerning an alleged violation of the department's Rules and Regulations which, if proven, may result in his/her dismissal or in some other disciplinary measure, he/she shall be afforded a reasonable W. . ity and facilities to contact and consult privately with an attorney of his/her choice and a representative of the IUPA before being interrogated. However, except by mutual agreement, the interrogation may be postponed for no more than forty- eight (48) hours to provide this ity. (14) No employee will be compelled by the City to speak or testify or be questioned by any non -governmental agency. (15) When an employee is arrested or charged with a criminal offense constituting a misdemeanor or a felony, the employee shall be placed on Administrative heave without Pay (ALWOP) pending the resolution of the criminal proceedings, subject to the following provisions: A. A criminal complaint or information shall constitute a rebuttable presumption that a criminal charge is pending against an employee. It shall be the employee's responsibility to keep the department apprised of the progress of the pending criminal matter, including providing proof of this conclusion. B. Prior to being placed on ALWOP, the employee shall be notified of the Department's intention to invoke this provision and the employee shall have the opportunity to be heard by the Chief of Police prior to a decision being made regarding the invocation of ALWOP. C. The decision to invoke ALWOP shall be within the sole discretion of the Chief of Police and is non -appealable. D. Any internal affairs investigation shall be stayed during the period of ALWOP without prejudice to the Department or the employee. 10 112 of 188 E. Upon conclusion of the criminal matter constituting an acquittal, a nolle prosequi, or a voluntary or involuntary dismissal of the entire criminal matter, the following shall apply: (1) The employee shall be returned to a paid status. (2) Whether the employee returns to work or remains in on Administrative Leave with Pay will depend upon the seriousness of the offense, the intention to pursue an administrative or internal affairs investigation, and the likelihood of a retrial. This decision shall be within the sole discretion of the Chief of Police. (3) Upon conclusion of any administrative or internal affairs investigation, should the recommended discipline be anything other than termination, the employee shall receive back -pay for the period of time that the employee was on ALWOP. (4) In the event the employee is terminated from employment, no back -pay shall be awarded for the period of ALWOP and the date of termination shall be retroactive to the date ALWOP took effect. (5) In the event criminal charges are refiled, the ALWOP shall again be invoked. F. In the event of a criminal conviction, the employee shall remain on ALWOP during an administrative or internal affairs investigation and, should the employee be returned to work subsequent to the investigation, no back pay shall be awarded to the employee for the period of ALWOP. G. The period of ALWOP (whether resulting in back -pay or not) shall neither constitute a punishment, nor preclude any punishment, for a violation of the City's Personnel Policies, the Department Policies, or the general rules of good conduct. (15) During internal investigations, questions shall be limited to the circumstances surrounding the officer's alleged violation of department rules. (16) The findings of the internal affairs investigation shall be labeled Sustained (guilty as charged), Exonerated (act occurred, but was justified), Unfounded (act did not occur), or Not -Sustained (not guilty). No other terminology may be used. (17) Only letters of complaints which have been sustained in whole or in part, will be inserted in an officer's personnel record. (18) The City shall not discipline any employee without just cause or due process; however, the City may discharge any probationary employee without just cause or due process. (19) Any employee involved in an incident where injury and/or death occurs, shall not be compelled to make any oral or written statements. The employee shall be given the necessary time to consult with his/her attorney prior to any oral or written statements being requested. A. In any case where the City believes there is just cause for loss of pay or more serious disciplinary action the employee and the IUPA shall be notified in writing. B. In the event an employee becomes the subject of a formal departmental or City investigation arising from a complaint or allegation, the department or the City, whichever II 113 of 188 is appropriate, shall individually notify the employee of the complaint. Upon conclusion of the formal investigation, the employee will be notified of the disposition of the complaint. 11.2: Notice of Disciplinary Action — No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which is taken purely as a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is notified of the action and the reason or reasons therefore prior to the effective date of such action. 1 l .3: Retaliation for Exercising Rights — No law enforcement officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his/her employment or be threatened with any such treatment by reason of his/her exercise of the rights granted in this Article. 11.4: If a complaint is brought against a law enforcement officer from any source outside the City's Police Department and the investigation of the complaint is to result in disciplinary action against the law enforcement officer, he/she may request the appointment of a Complaint Review Board within ten (10) working days of notification of discipline identified in 11:2. A. The Complaint Review Board shall be comprised of three (3) law enforcement officers from any State, County or Municipal agency within Indian River County. One member will be selected by the Police Chief, one by the law enforcement officer against whom the complaint is registered and one who shall be selected by the other two members. B. The Complaint Review Board shall meet promptly to review the complaint that has been brought, all of the available evidence in the case and an explanation of the case by the law enforcement officer or their representative. The Board shall make a recommendation(s) to the Police Chief for whatever action it deems appropriate. C. The recommendation(s) of the Complaint Review Board are advisory only and shall not restrict the Police Chief in making a final decision concerning the disciplinary action, if any, to be taken, nor shall it restrict the law officer's right to grieve any disciplinary action that results from the complaint. 11.5: No law enforcement officer shall be disciplined, except termination or written reprimand, until such time as the law enforcement officer's grievance appeal (excluding arbitration) of the discipline is completed or until the time frame for a grievance has expired. 11.6: Administrative investigations will be conducted in conformance with Florida law and current policies and procedures of the Police Department, provided they are in compliance with F.S.S. Chapter 112. 12 114 of 188 ARTICLE 12 LEGAL BENEFIT 12.1: The City shall, upon the request of any employee covered by this Agreement and after notice of the suit against the employee has been received by the Office of the City Attorney, within ten (10) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope and course of his/her employment and does not allege that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 12.2: The City shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been timely received by the Office of the City Attorney, within ten (10) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope of his/her employment, even if the Complainant also alleges in the alternative that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, in those cases in which the City has reason to believe that there exists a substantial factual basis for the allegations in the suit of bad faith, malicious purpose or in actions exhibiting wanton and willful disregard of human rights, safety, or property, the employee shall be notified that he/she must provide his/her defense at his/her own expense, and the City shall not be required to either continue or undertake the defense of the employee. 12.3: In a civil damage suit in which a defense is provided by the City, the City will indemnify that employee against any judgments, except for punitive damages, rendered in that suit against the employee as a result of his/her actions which occurred while he/she was acting within the scope and course of his/her employment, up to the limits specified in 768.28(5), Florida Statutes, as amended. 12.4: At any time after the City has undertaken the defense of an employee in a civil damage suit, the employee, at his/her own expense, may, with the permission of the City, hire counsel of his/her own choice and substitute that counsel, with the consent of the applicable court, for the counsel provided by the City without affecting the employee's rights to indemnification under Section 3 of this Article. 12.5: The employee agrees to cooperate fully with the City if the City undertakes the defense of the employee. Failure to cooperate shall relieve the City of its obligation to defend or indemnify the employee. 13 115 of 188 ARTICLE 13 MANAGEMENT RIGHTS 13.1: The IUPA agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects except as modified by other articles of this Agreement. The rights of the City, through its management officials, shall include but not be limited to the following: A. To determine the organization of the City Government. B. To determine the purpose of each of its constituent departments. C. To exercise control and discretion over the organization and efficiency of operations of the City. D. To set standards for service to be offered to the public. E. To manage and direct the employees of the City including the right to assign work and overtime, and to establish, modify, or change rules and regulations applicable to employees covered by this Agreement. F. To hire, examine, classify, promote, train, transfer, and assign, employees in positions with the City. G. To suspend, demote, discharge, or take other disciplinary action and impose sanctions for just cause involving deficiencies in performance and/or deficiencies in conduct. H. To increase, reduce, change, modify, or alter the composition of the work force, including the right to relieve employees from duties because of lack of work and/or lack of funds. I. To determine the location, method, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased or to be contracted out or subcontracted. J. To determine the number of employees to be employed by the City. K. To establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, department or division thereof, or project. L. To establish, change, or modify duties, tasks, and responsibilities or requirements within job classifications that are not terms and conditions of employment in the interest of efficiency, economy, technological change, or operating requirements. 13.2: The City Council has the authority and obligation to determine the purpose and mission of the City and the amount of budget to be adopted. 13.3: If, at the sole discretion of the City, it is determined that a civil emergency condition exists including but not limited to strikes, work stoppages, riots, civil disorders, hurricane conditions, or similar circumstances, the provisions of this Agreement may be suspended during the time of the declared emergency, provided that wage rates and insurance shall not be suspended. ARTICLE 14 DISCIPLINE AND DISCHARGE Employees may be disciplined or discharged for just cause involving deficiencies in performance and/or deficiencies in conduct. Employees so disciplined or discharged shall be provided with written notice of the basis for such discipline. Disciplinary action shall be taken in accordance with internal Police Department General Orders. 14 116 of 188 ARTICLE 15 RATES OF PAY 15.1: For the first year of this Agreement (October 1, 2022 through September 30, 2023), bargaining unit members shall receive a wage increase based upon the Compensation Study and provide compensation for employees at or over the midpoint of their grade, receive a three percent (30/0) hourly increase of the employee's hourly wage. 15.2: For the second year of this Agreement (October 1, 2023 through September 30, 2024), bargaining unit members shall receive a wage increase of five (5%) percent of the employee's hourly wage. 15.3: For the third year of this Agreement (October 1, 2024 through September 30, 2025), bargaining unit members shall receive a wage increase of five (5%) percent of the employee's hourly wage. 15.4: Officers and Sergeants, who receive State incentive money for training and education, excluding Corrections courses, will receive an amount from the City up to $1,560 annually. The amount is established by Florida Statute 943.22. 15.5: For the purpose of the Agreement, the term anniversary date shall mean the anniversary of an employee's date of employment or change to a different job classification. For the purposes of longevity, the date of hire with the City shall prevail. 15.6: The city reserves the right, based upon a new employee's previous education, training and experience, to exercise lateral entry and initially place such employee between the minimum to ten percent (10%) of the pay scale for the job title of police officer. 15.7: In the event a Police Officer is promoted to the job classification of Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or fifteen percent (15%) above their current rate, whichever is greater. 15.8: Sergeant pay shall not increase above the maximum of the pay grade. 15.9: All investigators shall receive a non -uniformed clothing allowance in a bi-annual amount of four hundred ($400) dollars payable in two lump sum payments of four hundred ($400) on the first pay date of October and April of each year. This amount is in addition to the allowance allowed under Article 41.4. In the event an officer does not remain an Investigator the entire bi- annual period after receiving his/her clothing allowance, the officer shall repay the City on a pro rata basis. These allowances shall be paid in a separate check or direct deposit. 15 117 of 188 ARTICLE 16 TEMPORARY ASSIGNMENT 16.1: The Police Chief or his designee may, in writing, assign an employee to a higher classification for a temporary period. The affected employee shall be entitled to receive $3.00 an hour for all hours actually worked in that higher classification and not on leave. The provisions of this section shall apply to temporary assignments to the position of Sergeant only. An employee shall not be eligible for Assignment Pay as provided in Article 17 while they are receiving Temporary Assignment pay provided in this article. 16.2: Appointments as a detective, investigator or corporal are considered duty assignments and not a promotion with the same provisions as a temporary assignment. The employee shall receive an increase of five percent (5%) higher than his/her regular rate of pay to their base pay while serving as an investigator. 16.3: Appointment as an Acting Shift Supervisor, in the absence of the Shift Sergeant, is considered a duty assignment and not a promotion with the same provisions as a temporary assignment. The employee assigned to a specific shift by the Police Chief or his designee will be issued insignia, to be placed on the sleeve, for each of their issued uniform shirts to indicate the higher classification. If the employee is transferred from Road Patrol or given a different assignment, then the employee will no longer use the insignia. ARTICLE 17 ASSIGNMENT PAY 17.1: Field Training Officers (FTO) shall complete a FDLE-CJSTC approved Field Training Officer's Course. To be eligible for selection as a Field Training Officer C FTO'), a bargaining unit member additionally must have completed no less than two (2) years of full-time law enforcement service, as least one (1) year of which is with the Sebastian Police Department and have satisfactory ratings in all areas of the member's last performance evaluation. The Chief may include additional job -relevant requirements and will determine the selection process for the assignment of FTO's. Bargaining unit members who complete the certification process as Field Training Officers (FTO's) and who are designated by the Chief as FTO's shall receive a salary augmentation in the amount of one thousand -five -hundred ($1,500.00) dollars annually to be paid in twenty-six (26) installments. The salary augmentation shall cease at such time as the bargaining unit member is no longer designated as FTO by the Chief. Additionally a bargaining unit member designated as an FTO shall receive an additional three ($3.00) dollars per hour while engaged in training activities. An FTO who is not engaged in training activities will not receive the additional three ($3.00) dollars per hour. 17.2: A Police Officer assigned as an instructor, shall be entitled to $3.00 per hour for all hours they are actually providing in-house instruction and not on leave. l 7.3: An employee shall only be directed to perform one assignment upgrade per hour as provided in Article(s) 16.1, 17.1 or 17.2; therefore, the employee shall be entitled to be compensated for only one assignment pay upgrade per hour. 17.4: All Law Enforcement Officers Personnel that work 1800 hours x 0600 (6:00 PM to 6:00 AM) shall receive night shift differential pay in the amount of an additional fifty (.50) cents per hour. 16 118 of 188 ARTICLE 18 INJURY PAY AND LIGHT DUTY ASSIGNMENTS 18.1: Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the fast eighty (80) working days of such disability, the employee shall receive net supplemental injury pay based upon his/her normal base pay reduced by the Worker's Compensation indemnity payment. The supplemental pay will be based on the following: a. WC Physician states Employee unable to work or City cannot provide limited duty work — City will pay full 1/3 of supplemental pay. b. WC Physician states Employee can perform Limited duty but Employee's second opinion states Employee cannot work, Employee pays 1/3 of Supplement. c. City provides limited duty work but Employee declines, City does not pay the 1/3 supplemental pay. Employee will pay the 1/3 supplemental pay. In the event the employee is absent for the first seven (7) days of a work injury, the employee will reimburse the City for the first seven days after they receive the WC payment. B. The employee may utilize any accrued sick or other paid leave in order to receive supplemental pay based upon his/her normal base pay reduced by the Worker's Compensation indemnity payment until such sick or other paid leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. 18.2: If any employee is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected net supplemental injury pay. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement or for a period that exceeds one year. 18.3: Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. 18.4: No employee will be entitled to the net supplemental injury pay with the benefits described herein if the injury suffered has been determined to have been the result of intentional self - infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. 18.5: While receiving employment connected net supplemental injury pay, an employee shall be entitled to all benefits which he/she would normally receive pursuant to his/her employment with the City, except additional accruals of sick and vacation leave and for those provisions specified in Article 15.12 or Article 41. 18.6 Any employee receiving proceeds from a disability insurance policy and Workers Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than his/her normal take home pay. 17 119 of 188 ARTICLE 19 CALL BACK PAY 19.1: An employee, who is called to return to work after completing his/her scheduled shift and has left the work place of the City, shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Thirty (30) minutes is the maximum considered for Travel Time. 19.2: An employee called back to work who is on authorized leave shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Such employee shall not be charged for leave for any such hours worked. Travel time shall be considered time worked. Thirty (30) minutes is the maximum considered for Travel Time. 19.3: The three (3) hours minimum call-back pay shall not apply in those instances wherein the overtime commences one and one-half (1-1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is called back to work to rectify his/her own error or omission which cannot wait until the employee's next shift. in such instances, the employee shall be compensated for the exact hours worked at the appropriate rate. ARTICLE 20 ON -CALL PAY 20.1 Designated employees required to be on -call shall receive one hour at time and one-half for each day Monday through Friday, and receive two hours at time and one half for each day Saturday and Sunday. On -call personnel include one detective. The list will rotate weekly. On call hours shall not be considered hours worked for overtime calculations. This article does not apply to Officers being placed on -call because of emergency situations, Hurricanes, or Declared Natural Disasters. ARTICLE 21 COURT APPEARANCES 21.1: Any employee who is required to appear as a witness resulting from the performance of his duties with the City shall be entitled to the following: A. Regular pay if called to testify during regularly scheduled hours; B. A minimum of three (3) hours at one and one-half (1-1/2) times the employee's base rate of pay if called to testify outside the employee's regular hours of work. C. In such cases, the employee will be required to assign the witness fee to the City. 21.2: Time off to respond to a subpoena to appear as a witness in a case unrelated to an employee's duties as an employee of the City may be charged to vacation, compensatory time or personal leave. Such leave shall not be denied. 21.3: An employee required to attend court while on scheduled leave is entitled to a minimum of three hours at one and one-half (1-1/2) times the employee's base rate of pay for each day and may be allowed to substitute that amount of pay instead of vacation, compensatory time or personal leave for such period, provided that the court ,:.ry ".,—ce meets the requirements of Section 1. of this Article. 18 120 of 188 ARTICLE 22 BEREAVEMENT LEAVE 22.1: Time Off Provision — When there is a death in an employee's immediate family, that employee shall be granted a Bereavement Leave per the approval of the Department Head or their designee. Bereavement Leave is as follows: 3 Consecutive Days of in the State of Florida and 5 Consecutive days out-of-state. Part-time employees will receive 2 Consecutive days. All paid Bereavement Leave must be taken within 14 Consecutive calendar days of the death. Bereavement leave will be commensurate with scheduled shift hours. 22.2: Bereavement Leave will not be charged against sick leave, vacation, compensatory, personal leave or holiday time. 22.3 The employee's immediate family is defined as the employee's spouseldomestic partner, children (Includine Stec Children. sunnorted by a marriaee certificate). parent/step parent, father-in-law, mother-in-law, brother, sister, grandchildren, or grandparents, spouseldomestic partner's grandparents or any relative who is domiciled in the employees household. 22.4: For non -immediate family, employees have the option to use accrued vacation leave, compensatory time or personal leave, for the attendance of funerals. Employees will supply their supervisor with written notification for this request in as timely a manner as possible. The supervisor will make every effort to comply with the provisions of this section. In the event that the employee does not have any accrued vacation, compensatory, or personal leave they may request to use sick leave or leave without pay. 22.5 Within thirty- (30) calendar days from the date the employee returns to work from such absence, the employee will file a copy of the death certificate of the deceased. Said death certificate will be attached to a leave request form and forwarded to the Department of Administrative Services, Human Resources for processing. Failure to produce a death certificate will result in the employee reimbursing the City for any paid leave taken under this Article. Any employee found to have falsified his or her application request for Bereavement Leave to use this time will be disciplined up to and including dismissal. It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit a newspaper account showing the death and the relationship of the deceased to the employee and/or other appropriate criteria as deemed appropriate by the Human Resources Director. 22.6 Any absence in excess of forty (40) hours in connection with approved Bereavement Leave may be charged to accrued vacation leave, compensatory time or personal leave, at the employee's option. 19 121 of 188 ARTICLE 26 LONGEVITY PAY 26.1 Employees hired prior to October 1, 2022 will be awarded Longevity pay according to the following schedule: A. Employees, after having completed five (5) years of continuous service with the City, will receive an increase in their base pay of three (3%) percent. The three (3) percent increase will be added to their base pay the first full payroll period following their five-year anniversary date. B. Employees, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five (5%) percent increase will be added to their base pay the first full payroll period following their ten year anniversary date. C. Employees, after having completed fifteen (15) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five (5%) percent increase will be added to their base pay the first full payroll period following their fifteen - year anniversary date. D. Employees, after having completed twenty (20) years of continuous services with the City, will receive an increase in their base pay of five (501*) percent. The five (5) percent increase will be added to their base pay the first full payroll period following their twenty-year anniversary date. E. Employees, after having completed twenty-five (25) years of continuous services with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half (7.5%) percent increase will be added to their base pay the first full payroll period following their twenty -five-year anniversary date. F. Employees in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. 26.2. Employees hired on or after October 1, 2022 will be awarded Longevity pay according to the following schedule: A. Employees, after having completed five (5) years of continuous service with the City, will receive an increase in their base pay of three (3%) percent. The three (3) percent increase will be added to their base pay the fast full payroll period following their five-year anniversary date. B. Employees, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five (5%) percent increase will be added to their base pay the first full payroll period following their ten year anniversary date. 26.3. Employees in a probationary or suspension status due to a demotion or transfer or for other disciplinary reason shall not receive longevity pay increases until they are no longer on probation. 21 122 of 188 ARTICLE 23 MILITARY LEAVE 23.1: City agrees to grant request for leave of absence with or without pay in accordance with Florida State Statute 115.07 — Officers and employees' leave of absence for reserve or guard training. Per the Statute, leaves of absence granted as a matter of legal right under the provisions of this section may not exceed 240 working hours in any one annual period. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay and shall be granted by the employing or appointing authority of any state, county, municipal, or political subdivision to provide a substitute employee, if necessary, for the assumption of such employment duty while the employee is on assignment for the training. 23.2: The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date such leave is desired, unless the employee actually receives less notice. ARTICLE 24 JURY DUTY 24.1: A permanent full-time employee shall be granted time off, not to exceed eighty (80) hours, at the employee's regular pay for reporting to required jury duty upon presentation to the employee's supervisor of satisfactory evidence that such jury duty is required and provided the time required for jury duty is the employee's normal workday or work shift. In order to be eligible, the employee must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor on the prescribed leave form with the summons attached of the need to be absent because of a jury duty requirement. 24.2: Any compensation received by the employee for jury duty shall be retained by the employee; however, a pro rata amount of the jury duty pay received by the employee shall be deducted from the employee's regular pay based upon that portion of the regularly scheduled workday missed by the employee. There shall be no deduction for mileage pay or for the four (4) hour reporting period provided in Section 3 of this Article. An employee seeking jury duty leave must substantiate any compensation received for serving on jury duty by submitting a copy of the check(s) received or a copy of the receipt(s) for any cash received. 24.3: If an employee is released from jury duty within four (4) hours from the time required to report for such jury duty, the employee shall be required to report for duty on that date, provided that it is the employee's regular work day or shift. ARTICLE 25 VOTING TIME/POLITICAL ACTIVITY 25.1: During a primary, general, or special election, an employee who is a registered voter and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where polls are open two hours before and two hours after the employee's regular scheduled work period, it shall be considered sufficient time for voting. 25.2: Employees will be allowed to engage in the full range of political activities guaranteed to all citizens while off duty and not in uniform. W 123 of 188 ARTICLE 27 BASIC WORIWEK AND OVERTIME 27.1: Fourteen (14) days shall constitute a normal work period for the employees covered by this Agreement, starting at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday fourteen days later. Nothing herein shall guarantee an employee payment for eighty (80) hours of work in any work period unless the employee actually works eighty (80) hours in the work period. For the purposes of this Agreement, approved leave shall mean any leave compensated by the City. The City agrees to provide a minimum 30-day notice if it is determined that the current work schedule should be modified. The IUPA reserves the right to negotiate any changes to the work schedule. 27.2: Hours worked in excess of eighty (80) hours in a fourteen (14) day work period shall be compensated at the rate of time and one-half (1 1/2) of the employee's regular, hourly wage. 27.3: For the purposes of overtime compensation, time spent by an employee on personal leave, vacation leave, sick leave, funeral leave, jury leave, military leave, or any other approved paid leave shall be considered time worked. 27A If any employee has accrued overtime and desires to bank compensatory time at a rate of time and one-half (1-1/2) rather than be paid for the overtime, the employee shall, prior to the end of the fourteen (14) day work period in which the overtime was credited, advise his/her supervisor of his/her desire to bank compensatory time in lieu of pay. 27.5: The Division Commanders shall attempt to accommodate the desires of an employee as to the time off desired, work schedules and conditions permitting. If no compensatory time is requested, then the employee shall be paid at the overtime rate of time and one-half (1-1/2). Employees may bank up to one hundred and twenty (120) hours of compensatory time. Any unused time as of the last full pay period of each fiscal year will be paid to the employee in the next payroll check. FA 124 of 188 ARTICLE 28 HOLIDAYS 28.1: The following shall be paid holidays for regular full-time employees: NEW YEAR'S DAY MARTIN LUTHER KING DAY PRESIDENTS DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY 281: Holidays will be designated as the actual day of the holiday for the purposes of holiday pay. Employees regularly scheduled to work Monday through Friday may be required to take the observed, rather than the actual holiday as their designated holiday. 28.3: No regular full-time employee shall receive pay for a holiday unless he/she is in active pay status or actually works his/her normal schedule on the scheduled work day immediately preceding and following the day on which the holiday is observed. For purposes of this Article, "active pay status" includes any approved paid leave. An employee that has been notified of sick leave abuse may be required to finnish a doctor's note if absent before or after a holiday. 28A: Regular full-time employees who are scheduled and/or required to wont on the actual holiday and who work on that day shall receive one and one-half (1-1/2) times the employee's regular hourly wage for each hour worked during the holiday in addition to their scheduled hours (8 or 10 or 12) as holiday pay for the holiday. 28.5: Regular full-time employees who do not work a holiday will receive 8, 10 or 12 hours of pay at straight time. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on Monday, the employee would receive 8, 10 or 12 hours of straight pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculation. ARTICLE 29 SENIORITY 29.1: The City agrees that seniority shall consist of continuous accumulated paid service to the City. 29.2: Seniority shall be computed from the date of hire and shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. 29.3: Vacation periods for each calendar year shall be drawn by employees on the basis of seniority. When an employee has selected dates for vacation the dates can be changed, by mutual agreement, only to accommodate another employee with greater seniority and the request to change by the senior employee is made at least ninety (90) days prior to the fast day of the previously scheduled vacation. 29.4: In the event of a vacancy in any department or division, including promotional vacancy, seniority will be given reasonable consideration but will not be the determining factor. 29.5: Seniority will be given reasonable consideration in the selection of any employee to be sent to any type of schooling but will not be the determining factor. 23 125 of 188 ARTICLE 30 LAYOFF AND RECALL 30.1: Definition - A layoff is a reduction in the number of employees within the Department due to lack of work, lack of funds, or for any reason other than the acts or delinquencies of the employee. The City will lay off employees as herein provided. 30.2: Order of Layoff - In the event of a layoff for any reason, employees shall be laid off in inverse order of their seniority in their classification as defined in Article 29, Seniority. An employee to be laid off who has advanced to his/her present classification from a lower classification in which he/she held a permanent position shall be given a position in the lower classification within the department. His/her seniority in the lower classification shall be established according to the date of his/her permanent appointment to that classification including time accrued at a higher classification. 30.3: Employees shall be recalled from layoff according to the seniority in the classification from which the employees were laid off. No new employee shall be hired in any classification until all employees on lay-off status in that classification have had an opportunity to return to work. 30.4: The City is not obligated to recall an employee after he/she has been on layoff for a period of one (1) year. 30.5: Bargaining unit members shall be notified of their recall to work by phone. If direct contact to the former bargaining unit member is not made, a registered letter will be mailed to their address of record. Within three (3) calendar days after receipt of a notice of recall, recalled employees who desire to return to work must notify the Employer in writing to advise that they intend to return to work, or they will lose their recall rights. Recalled employees must return to work fit for duty within ten (10) working days of the receipt of a recall notice, or they will lose their recall rights. 30.6: An employee laid off pursuant to this Article shall be given the opportunity to continue medical insurance coverage in the existing program during the lay-off period for up to one (1) year provided that the premium for such insurance program available under the Insurance Policy shall be paid 100% by the bargaining unit member on a monthly basis (206 of the month) in advance of the month due. The coverage does not include the Health Reimbursement Account (HRA Card), Dental or Vision Plan. 30.7: Recall will be at the current rate of pay for the classification but not lower than when the employee was laid off. Previously canceled group health insurance may be reinstated upon the employee's return to active duty consistent with the plan's requirements. In addition, any balances of accrued vacation or sick leave not previously paid will be reinstated and the accrual rate from the date of return to active duty will be at the accrual rate enjoyed at the date they were laid off. 24 126 of 188 ARTICLE 31 PROMOTIONAL EXAMINATIONS 31.1: Eligibility for Positions within the Bargaining Unit: Police Sergeant: a. Four (4) consecutive years as a City of Sebastian Police Officer from the most recent date of hire. b. Must not have a record of disciplinary action resulting in suspension within the previous two (2) years. 31.2: Promotional examinations shall be given when a vacancy for Sergeant exists if there is not a current eligibility list in effect. The Human Resources Director or designee shall administer all promotional examinations for the bargaining unit position of Sergeant. 31.3: Whenever a budgeted vacancy exists for the rank of Sergeant, the City shall promote an employee to fill such vacancy, within thirty (30) days, from the existing eligibility list. If the eligibility list has expired or has been exhausted when a Sergeant vacancy occurs, the City shall establish a new eligibility list within one hundred eighty (180) days. Upon certification of the new eligibility list, the budgeted Sergeant vacancy shall be filled within thirty (30) days. The promotional eligibility list shall remain in effect for one (1) year or until the list is exhausted, whichever comes first. A. Promotional testing shall consist of a written examination, oral review board and an in - basket skills assessment. a. The written exam shall contain no more than 110 multiple-choice questions. The exam shall be purchased from an outside agency or developed by the Chief of Police and Administrative Services Department with the review and consent of the Coastal Florida Police Benevolent Association. The fast 100 questions shall be considered for evaluation for the written portion only. If a (1) question is successfully challenged and eliminated from the first 100 questions, 101 will be inserted. If (2) questions are successfully challenged and eliminated, questions 101 & 102 will be inserted, and so on. b. The oral review board shall consist of three (3) Lieutenants (or higher) from other agencies and (1) representatives from the City of Sebastian's Police Administration selected by the Chief of Police. The oral review board shall consist of law enforcement scenario type questions that shall be approved by the Chief or his designee. Each candidate shall respond to (5) scenarios. Each scenario shall be rated 1 — 4 by each evaluator. The highest and lowest scores will be thrown out leaving three scores to be calculated. The three scores shall be averaged and then the resulting point value multiplied by .25 to obtain the 25% value. C. The in -basket skills assessment shall be developed based on the actual duties of a City of Sebastian Police Sergeant. An outside consultant may be utilized to assist in the development. The skills assessment shall be scored from 0 — 100. The score will be multiplied by .25 to obtain the 25% value. B. To move from the written examination to the oral review board and in -basket skills assessment, the candidate must score at least a 70. The score will be multiplied by .50 to obtain the 50 % value to be added to the oral review board and in -basket skills assessment score. If the candidate scores less than 70 on the written portion, they will be excluded from the remainder of the promotional process. 25 127 of 188 31 A After all testing is complete; all scores will be added together to get an overall total for the entire promotional examination process. An eligibility list will be established in accordance with each candidate's ranking. 31.5.: The Police Chief shall select any one of the top three (3) candidates on the eligibility list after interviewing all three candidates. When considering the top three candidates, the Police Chief may consider additional factors such as educational background, years of service to the agency, experience in special assignments, evaluation and disciplinary history, and other information that would help determine the best fit for the department's needs. 31.6: Examination and Posting Requirements: A. Notice of examinations will be posted 90 days in advance. B. The closing date shall be 30 days from the posting date. C. The posting shall include the minimum requirements and an informational reading list for the written exam. Study material will consist of one (1) outside reading / study reference, in addition to reference to City of Sebastian's Policies and Procedures and Florida State Statutes. 31.7: The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for an additional three (3) months by the Police Chief with approval from the Human Resources Director. The probationary period may be extended further if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. ARTICLE 32 PROBATIONARY PERSONNEL 32.1: All new employees of the department shall serve a probationary period of one (1) year, which may be extended for a period not to exceed six (6) months at the Police Chiefs discretion, during which time they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all the terms and conditions of this agreement. 32.2: Upon completion of said probationary period, employees shall be known as permanent employees and seniority rights and tenure shall accrue from the commencement of the probationary period and shall be considered a part of such employee's seniority rights. 32.3: A probationary employee shall have all the rights of the grievance procedure except where said employee is terminated for failure to satisfactorily complete his/her probation as determined by the Police Chief. 26 128 of 188 ARTICLE 33 VACATION LEAVE 33.1: Eligibility — Only regular full-time employees are eligible for paid vacation leave. 33.2: Accrual Rate A. Vacation leave is earned on a pro-rata bi-weekly basis. Full-time employees will accrue vacation leave based on their years of service with the agency. To clarify the rate at which an employee accrues vacation leave the following table will be used. Table #l: Continuous Unbroken Years of Service Bi-weekly Leave Lenuth of Service: Accrual Rate Hours Earned 0 Year but less than 5 Years 3.08 hours 80 hours (10 Days) 5 Years but less than 10 Years 4.62 hours 120 hours (15 Days) 10 Years but less than 20 Years 6.153 hours 160 hours (20 Days) 20 Years plus 7.692 hours 200 hours (25 Days) B. No vacation leave may be taken during the first six months of employment. C. Vacation leave accrual rate changes take effect on the employee's anniversary date. For the purposes of this section "anniversary date" shall mean those one-year increments from the date of employment. 33.3: Request for Vacation Leave A. A request for vacation leave shall be submitted in writing to the employee's immediate supervisor for signature and will proceed up the chain of command to the Police Chief. B. A request for leave shall not be granted if the employee has no accrued balance of vacation leave. Vacation leave shall not be used in advance of its being earned. C. The minimum charge against the accrued vacation leave balance will be in increments of fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued vacation leave balance for each quarter hour, or part thereof that an employee is actually absent from his/her duty station. D. Vacation leave shall not be taken in advance of its approval by the Police Chief or his designee. 33A Use of Vacation Leave A. Vacation leave may be used for the following reasons: 1. Vacation 2. Absences from duty for transaction of personal business that cannot be conducted outside of working hours. 3. Religious holidays not designated as official holidays. 4. Medical leave if sick leave balance has been exhausted. 5. Any other absences not covered by existing leave provisions, at the discretion of the Police Chief. B. Any employee who becomes sick while on vacation leave may substitute accrued sick leave for vacation leave for the period of illness. The employee shall supply appropriate certification from a physician as to the nature and duration of the illness. C. Employees will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued vacation leave. If during the year the employee accrues more than two (2) years' worth of vacation leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) year maximum. If the employee does not bring the time balance down to the two (2) year maximum by 27 129 of 188 the last full payroll period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. 33.5: Vacation Leave Cash -in: (a) Employees will not have the option of cashing in vacation annually but will have the ability to cash out when the employee retires. 33.6: Separation from Employment (a) Employees hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement, with a two -week notice or medical separation) with five (5) or more completed years of consecutive employment will be eligible to be paid for his/her accrued balance of vacation leave up to a maximum of 400 hours. (b) Employees hired on or after October 1, 2022, shall be entitled to be paid a percentage of his/her accrued balance of vacation leave up to a maximum of 240 hours. The percentage is as follows: • If separated before completing the fast year — 0% • 1 Year but less than 5 Years completed - 25% • 5 Years but less than 10 Years completed - 50% • 10 Years but less than 20Years completed - 75% • Over 20 Years -100% (c) Vacation leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid vacation leave will be required to furnish proof of the emergency or a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. 28 130 of 188 ARTICLE 34 SICK LEAVE 34.1: Eligibility — Only regular full-time employees are eligible for sick leave with pay. 34.2: Accrual of Sick Leave A. Regular full-time employees accrue leave at the rate of ninety-six (96) hours per calendar year. Sick leave is earned on a pro-rata bi-weekly basis. To clarify the rate at which an employee accrues sick leave the following table will be used. Table #1: Full Time Employees Bi-weekly Annual Leave Length of Service Accrual Rate Hours Earned All years of service 3.692 hours 96 hours (12 Working Days) B. Sick leave does not accrue for any full pay period while an employee is on any unpaid leave of absence. 34.3: Request for Sick Leave A. An employee who is incapacitated and unable to work shall notify his/her supervisor at least two (2) hours prior to the employee's scheduled reporting time. The employee shall state the nature of the incapacitation, its expected duration, and expected period of absence. The employee shall repeat this procedure on each day he/she is unable to report to work, unless excused by the Police Chief or designee, or if the employee has a doctor's note excusing the employee for an extended period of time. The City reserves the right to request the employee go to another physician, at the City's expense, to verify the length of time needed to be out. B. An employee who is out of work for three (3) or more consecutive days shall, upon returning to work, submit to his/her supervisor appropriate written documentation for the sick leave, along with a doctor's note of the illness. 34.4: Use of Sick Leave A. Sick leave may be used for the following reasons: 1. Employee ill health; 2. Maternity; 3. Medical, dental, or optical treatment required during working hours; 4. Quarantine due to exposure to infectious disease; 5. Employee ill health while on annual Ieave; 6. In connection with Worker's Compensation; 7. For death in employee's immediate family to extend bereavement leave; 8. Illness of an immediate family member requiring the employee to remain at home with ill family member, B. Whenever it appears that an employee abuses sick leave, such as consistently using sick leave immediately upon it being accrued or before or after vacations, holidays or scheduled days off, the employee shall be required to furnish proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases of reported illness provided that the employee has been notified of being placed on sick leave abuse status. Failure to provide a physician's certification will result in no pay for the day(s) in question. Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination. C. Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. 29 131 of 188 D. The minimum charge against accrued sick leave balance will be in increments of fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for each quarter hour, or part thereof that an employee is actually absent from his/her duty station. 34.5 Sick Leave Cash -in Employees will have the option of cashing in up to sixty (60) sick leave hours per year if the following requirements are met: (a) The employee has a minimum balance of four -hundred eighty 480 hours after the cash -in. (b) Request for cash -in must be submitted to the Administrative Services Department by the last full payroll period of each fiscal year. Payment will be made within the first paycheck issued in December. 34.6: Separation from Employment: (a) Employees hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation) will be eligible to be paid for his/her accrued balance of sick leave up to a maximum of 600 hours at the following percentages: • If separated before completing the first year — 0% • 1 Year but less than 5 Years completed - 25% • 5 Years but less than 10 Years completed - 50% • 10 Years but less than 20Years completed - 75% • Over 20 Years - 100% (b) Employees hired on or after October 1, 2022, may accrue up to 480 hours. This is to allow for Family Medical Leave. The 480 hours are not paid out when the employee separates from the City. (c) Sick leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid sick leave will be required to fiunish a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. 30 132 of 188 ARTICLE 35 PERSONAL LEAVE 35.1: Eligibility — Each regular full-time member shall be entitled to twenty-four (24) working hours of personal leave per year, plus an additional eight (8), ten (10) or twelve (12) working hours based on their assignment on October IE1. A. Employees starting during the year will get a pro -rats portion of the personal leave hours. Those starting during the first three months of the fiscal year receive thirty-two (32), thirty-four (34) or thirty-six (36); the second three months twenty four (24), twenty- six (26) or twenty-eight (28); the third three months sixteen (16), eighteen (18) or twenty (20); and the last three months eight (8), ten (10) or twelve (12). B. Personal leave must be used by the last full pay period of the fiscal year. C. Personal leave is not paid out upon separation of employment. D. Personal leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid personal leave will be required to furnish proof of the emergency or a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. 31 133 of 188 ARTICLE 36 LEAVE OF ABSENCE 36.1: An employee may be granted a leave of absence with or without pay for a period not to exceed twelve months for good and sufficient reasons, which are considered to be in the best interests of the City. 36.2: Such leave shall require the prior approval of the Police Chief and the City Manager. Before such leave of absence will be granted, the employee must exhaust all vacation, compensatory time, personal leave and if appropriate, sick leave. Those employees requesting a leave of absence for medical reasons must submit a written Doctor's note stating the length of time they will be absent. 36.3: Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. 36A The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 36.5: An employee granted a leave of absence must submit a written status report monthly to the Police Chief advising his/her status. A copy of this written status report will be forwarded to the City Manager. Failure to comply with this requirement will result in cancellation of the leave of absence status, in which case the employee must return to duty or be terminated. 36.6: Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. 36.7: Holidays, sick leave (unless its leave in accordance with FMLA), vacation leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence, provided however, that the employee may maintain his health insurance program by paying the total cost of his group insurance program plus the administrative fee allowed by law. An employee on an approved leave of absence may continue to participate in the group insurance plans, provided all necessary payments of the total premiums are made by the employee. It is the employee's responsibility to keep premium payments current. The insurance premium payment must be made by the 20'd of the preceding month in which it is due, If the premium payment is not made, coverage will be cancelled as of the beginning of the delinquent period. However, if coverage is cancelled, it may be reinstated upon the employee's return to active duty, consistent with the insurance plan requirements. 36.8: An employee may return from a leave of absence at the next available opening in his/her classification. An employee returning from leave of absence shall be paid at the same rate of his salary grade as at the time of commencement of the leave of absence. Longevity increases, merit increases, and any other increases for which the employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in any one calendar year. Said increases shall be started effective after the employee returns to active duty. 36.9 While an employee is on a leave of absence, accrual of classification seniority is suspended until the employee returns to active duty. 32 134 of 188 ARTICLE 37 GRIEVANCE PROCEDURE 37.1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there will be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances involving discharge, suspension, demotion, or any other adverse personnel action against an employee covered by this Agreement. 37.2: Every effort shall be made by the parties to settle every grievance as expeditiously as possible. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next highest step. Should the grieving party fail to observe the time limits as set forth in the steps of this Article, his/her grievance shall be considered conclusively abandoned. All references to days in this procedure are to calendar days, unless otherwise specified. The time limits specified in this Article may be extended by mutual agreement in writing of the parties. 37.3: Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the IUPA and the City, such grievance shall be presented in writing, directly to the Police Chief, Step 3, within ten (10) days of the occurrence of the event(s). If the grievance has not been settled to the satisfaction of the grievant(s), then the grievance may be appealed to the City Manager, Step S. 37.4: Grievances shall be presented in the following manner: Step 1. The grievant(s) shall present and attempt to resolve any grievance with the immediate supervisor within ten (10) days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the grievant(s) became aware of the cause of the complaint. If the event(s) which give rise to grievance occurred during the time when the grievant(s) was on vacation leave, sick leave, or other compensated leave, the ten (10) day period shall commence running immediately upon return to duty. The first step shall be on an informal and oral basis; however, the employee may arrange to have PBA representation present during the discussion. Within ten (10) days after the discussion, the immediate supervisor shall reply to the affected employee and P.B.A representative, in writing, of the decision. Step 2. If the grievance has not been resolved to the satisfaction of the covered employee at Step 1, the grievance shall be reduced to writing on the standard grievance form, attached as Appendix A, signed by the employee and presented to the next level of supervisor, the Division Commander, no later than ten (10) days after the immediate supervisor's response was rendered in Step 1. The grievance as specified in writing shall be discussed by and between the employee, IUPA representative if applicable and the Division Commander within ten (10) days after the request for the Step 2 grievance hearing. The Division Commander shall reply to the affected grievant(s) in writing, of the decision within ten (10) days after the close of the meeting. Step 3. If the grievance has not been resolved to the satisfaction of the grievant(s) at Step 2, the grievance may be appealed to the Police Chief no later than ten (10) days after the response was rendered in Step 2. General grievances applying to a number of employees and grievances directly from the IUPA may also advance to this Step, as noted in Section 37.3. The grievance as specified in writing shall be discussed by and between the employee(s) and IUPA representative if applicable and the Police Chief within five (5) days after the request to move the grievance to Step 3. The Police 33 135 of 188 37.5: Chief shall reply to the affected employee(s) and the P.B.A representative, in writing, of the decision within five (5) days after the close of the meeting. Step 4. If the grievance has not been settled to the satisfaction of the grievant(s) at Step 3, the decision may be appealed by presenting the written grievance to the Human Resources Director no later than ten (10) days after receipt of the decision of the Police Chief or designee at Step 3. The Human Resources Director shall conduct a meeting with the affected employee and a IUPA representative if applicable within five (5) days after receipt of the appeal and shall reply to the grievant(s), in writing, of the decision within five (5) days after the close of the meeting. Step 5. If the grievance has not been resolved to the satisfaction of the grievant(s) at Step 4, the decision may be appealed to the City Manager not later than ten (10) days after receipt of the Step 4 decision. General grievances applying to a number of employees and grievances directly from the IUPA may also advance to this Step from Step 3, as noted in Section 37.3. The City Manager shall meet with the affected grievant(s) and PBA Representative or other legal counsel within five (5) days after receipt of the grievance and shall reply to the grievant(s), in writing, within five (5) days after the close of the meeting. A. Representatives of the City and IUPA shall acknowledge receipt of grievances by signing and dating the form when presented or received. B. Any grievance not advanced by the grievant(s) to the next higher step within the time limits provided shall be considered settled on the basis of the answer most recently given. If the City does not answer a grievance within the time limits provided, the grievant(s) may elect to treat the grievance as denied at that step and immediately advance the grievance to the next step. C. No action or matter shall be considered the subject of a grievance unless a written complaint is made within ten (10) days of its occurrence or within ten (10) days from the time the aggrieved employee(s) became aware or by use of reasonable diligence should have become aware of the cause for complaint. The City shall not be subject to any liability for any period more than ten (10) days prior to the date the grievance was filed in writing. D. In the event the grievance involves a group of employees who do not have the same immediate supervisors, the grievance shall first be presented to the Police Chief as indicated in Step 3 of this procedure. The subsequent steps of the grievance procedure as outlined in this Article shall then apply. E. All employees shall have the right to participate in this grievance procedure without regard to membership or non -membership, except that in accordance with Florida Statues 447.401, the IUPA shall not be required to process grievances of non-members. In the event that a non-member files a grievance, the IUPA is entitled to send a representative to each step to ensure that the integrity of the Agreement is upheld. F. The IUPA shall have the right to initially file grievances in the third step of the grievance procedure and advance to the fifth step if they choose in any non -disciplinary matter involving the interpretation or application of this Agreement, provided however, that this right shall be strictly limited to those matters where the IUPA can factually demonstrate: a. That the matter is covered by a provision of the Agreement; and b. That the matter involves the interpretation or application of that provision; and c. The grievance does not seek to add to or subtract from any provision of this Agreement. 34 136 of 188 ARTICLE 38 ARBITRATION 38.1: If no satisfactory agreement of a grievance has been reached under the procedure in Article 37, and the grievance or dispute relates to the determination of rights and obligations conferred or created by this Agreement, and a written request for arbitration is made within fifteen (15) calendar days after the final answer in Step 5 of the grievance procedure, such dispute shall be submitted for final and binding arbitration in accordance with the following procedure. 38.2: The City and the grievant(s) shall, within ten (10) calendar days of the request to arbitrate, meet to mutually agree upon an arbitrator. In the event an impartial arbitrator cannot be mutually agreed upon, the parties may select an arbitrator from a Federal Mediation and Conciliation Service (FMCS) panel or panels of not less than seven (7) names. In the event that either party, before striking of names occurs, feels that the panel is unsatisfactory, that party shall have the right to request one (1) additional panel. Within ten (10) calendar days of receipt of the panel, the arbitrator shall thereafter be selected from the panel of arbitrators by alternate striking of names until one (1) name remains. The party who strikes first shall be determined by the toss of a coin by the City. The City will promptly notify the arbitrator of the appointment. 38.3: The arbitration shall be conducted at City facilities within the City of Sebastian and under the rules set forth in this Agreement and shall proceed as follows: 38.4: Upon notification of appointment, the arbitrator shall communicate with the parties as soon as practicable to arrange for the date and place of hearing; or, if questions of material fact are not at issue, to arrange for the joint submission of stipulations of fact and relevant documentation concerning the grievance.. 38.5: If no hearing is to be conducted, each party shall submit to the arbitrator its statement of position regarding the grievance. Prior to the date of hearing or submission of documents, the parties shall, jointly or separately, provide the arbitrator with a written statement of the issue or issues to be resolved in the arbitration proceeding. 38.6: The arbitrator shall have exclusive jurisdiction and authority to resolve grievances as defined in this Agreement. The arbitrator shall have the authority to issue subpoenas enforceable in any court of competent jurisdiction and shall administer oaths to all witnesses testifying in any proceeding. 38.7: The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. 38.8: The arbitrator shall have no power to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement or which not covered by this Agreement. 38.9: Except as provided in Section 3.2, the decision of the arbitrator shall be based solely upon the evidence and arguments presented by the respective parties in the presence of each other. 38.10: Upon timely notice prior to the scheduling of hearings and when mutually agreed, the consolidation of one (1) or more grievances based upon similar circumstances for hearing and resolution before the same arbitrator shall be permitted. 38.11: The arbitrator shall render a decision not later than thirty (30) calendar days after the conclusion of the final hearing. The findings of the arbitrator made in accordance with the jurisdictional authority under this Agreement shall be final and binding on the parties. The arbitrator's decision shall be in writing and shall set forth the arbitrator's findings and conclusions on the issues submitted unless agreed in writing by the parties. 38.12: The party claiming misinterpretation or misapplication of this Agreement shall have the burden of proving its contention by a preponderance of competent evidence. 35 137 of 188 38.13: This Agreement constitutes a contract between the parties that shall be interpreted and applied by the parties and the arbitrator in the same manner as any other contract under the laws of the State of Florida. The function and purpose of the arbitrator is to determine disputed Li;- ,. &,. ions of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator, therefore, shall not have the authority to change the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision, which, in practical or actual effect, modifies, revises, detracts from, or adds to any of the terms or provisions of this Agreement. 38.14: The costs for the services of the arbitrator shall be borne by the losing party. The parties shall bear the costs of their own representatives and witnesses. One (1) RNA representative who is on duty shall be entitled to attend arbitration hearings at straight time rates. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of the transcript unless otherwise agreed to, in writing, by the parties. ARTICLE 39 JOB DESCRIPTIONS The employer will maintain job descriptions for job classifications covered by this Agreement and will notify the IUPA of any intent to change such job classifications. ARTICLE 40 PERFORMANCE RATING REVIEW The City and the IUPA agree that the Police Department's General Orders governing Performance Rating Review will be followed for the life of this agreement. 36 138 of 188 ARTICLE 41 GROUP HEALTH INSURANCE 41.1: During the term of this Agreement (October 1, 2022 — September 30, 2025), all regular full- time employees who participate in the group insurance coverage, agree to pay no less than twenty-five ($25.00) per month towards the premium for group insurance coverage. The City agrees to pay the remainder of the premium to provide individual group insurance coverage to all eligible employees. The employee cost may change based on the annual renewal rates. 41.2: If the medical insurance is declined, the employee will receive $150.00 per month ($75 paid twice a month). 41.3: In the event that the premium rate for dependent group coverage increases, the Employer agrees to notify the IUPA as soon as is practicable. The IUPA agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require each covered employee to contribute his/her pro-rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage, the parties agree to abide by Sections 40.3 and 40A of this article. 41.4: Any eligible employee who elects to participate in the group insurance dependent coverage option plan will pay no more than sixty percent (60%) of the cost of the r ..-.Ium. The insurance premium may change each fiscal year based on renewal rates. The employee shall pay any additional supplemental insurance that is optional coverage to the employee. 41.5: Employees who retire or leave the City with twenty (20) years or more of continued service are eligible to continue their health insurance only for a maximum of 2 years and The City will pay no less than forty (40%) of the costs of single group medical coverage. This means the retired employee who has 20 years of continuous service will pay no more than sixty percent (60%) of the insurance premium for single coverage. The insurance premium may change each fiscal year based on renewal rates. If the retired employee wishes to continue Dental, Vision and Life Insurance for the 2 years, the retired employee will pay 100% of the cost. The Health Reimbursement Account (HRA) is not part of the retirement insurance. 37 139 of 188 ARTICLE 42 CLOTHING MAINTENANCE. EOUIPMENT AND VEHICLES 42.1: The present practice of the City's Police Department in regard to furnishing uniforms shall be continued. The City will provide the required equipment as needed at no cost to the employee. 42.2: Any employee who shall receive breakage, loss or damage to any of above listed equipment, in the line of duty, shall have such equipment replaced at no charge to the bargaining unit member. 42.3: Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced according to the following schedule; wrist watch, not to exceed replacement cost or $60, whichever is less; eyeglasses up to $200; and miscellaneous items not to exceed $100 in the aggregate. As to all items listed, each employee shall submit a detailed list of such items, including miscellaneous items, for Sling with the Police Chief. Items not listed shall not be replaced at the cost of the City. When any such item is changed, it is the responsibility of the employee to amend his/her list on file with the Police Chieff, 42A: Each employee will be reimbursed up to $45.00 per month (Receipts required) for uniform cleaning, unless the employee is on a leave of absence, such as Sick Leave, Workers' Compensation, etc. for any extended period. The reimbursement will be paid in the next pay period. 42.5: The City agrees to provide take home vehicles to all bargaining unit members who have completed their field training program and are operating as solo officers. This vehicle take home program will be extended to all L,:..:'..'..,g unit members who reside within a 20-mile radius of the Sebastian Police Department. The Police Chief may waive the 20-mile restriction. Police Vehicles assigned to a police officer becomes that officer's responsibility. It will be the officer's responsibility to maintain the vehicle in a clean and orderly condition and to ensure all scheduled or needed maintenance is performed. Each police vehicle shall be checked by the assigned police officer in accordance with departmental policy prior to each shift and the check -off log Sled with the Shift Commander. Bargaining Unit members will be denied the use of a city take home vehicle in those instances wherein a member has been found to have violated a Department policy or due to a shortage of operable vehicles where no pool cars are available. If the bargaining unit member fails to properly maintain his or her vehicle, then the Police Chief can suspend the vehicle take home privilege of that member. If a vehicle driver finds any fault in the vehicle that might constitute a safety hazard, the driver shall immediately advise his/her Shift Commander. If the Shift Commander agrees, the vehicle will not be returned to duty until the safety hazards) are eliminated. 42.6: Patrol vehicles will contain equipment in accordance with Departmental Policy. 42.7: Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. However, if excused due to medical reasons, the individual is performing in the capacity of police officer at their own risk. 38 140 of 188 ARTICLE 43 EDUCATION REIMBURSEMENT Reimbursement of education expenses by the City of Sebastian for approved educational or training programs will be in conformance with the following: 43.1 Eligibility for Participation in Tuition Payment Plan — All regular full-time employees are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. This program is available only to employees who have successfully completed their one-year employment or probationary period. 43.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the Police Chief, the City Manager, and the Human Resources Director, pay a percentage of the tuition based on the course grade achieved of regular full-time employees for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the Human Resources Director, the City Manager, and the Police Chief, is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. The Tuition Reimbursement Plan is as follows: Grade % Paid A 100% B 90% C 75% P-Passing Or S-Satisfactory (If grades are not used) 100% 43.3: Application Procedure — An employee desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to the Police Chief requesting approval for Plan participation. If the Police Chief recommends the education program, his recommendation will be forwarded to the Human Resources Director and the City Manager for final approval. 43.4: Course Completion — If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis — he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Police Chief. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his/her education achievement. Textbooks shall become City property at the completion of the course and turned over to the Police Chief or his designee. 43.5: Transportation — Transportation under the Tuition Payment Plan shall be at the employee's expense. 43.6: The reimbursement shall be available for a maximum total of twenty -for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for eligible regular employees pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the Florida State Legislature for state supported schools. Should an employee select to attend a non -State school, he/she is responsible for the difference in tuition. Any employee receiving a scholarship or grant for education will not be eligible for the education reimbursement funds if the funds exceed the City's tuition. 39 141 of 188 43.7: Service Requirement —Employees who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least three (3) years after completion of the course(s). Should an employee leave the City service within three (3) after completion of the course(s), he/she is required to return any payments to the City or it will be deducted from his/her final paycheck. 43.8: City Mandated Education Courses — If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. ARTICLE 44 HEALTH & SAFETY 44.1: CONTAGIOUS DISEASES The City shall provide each employee with vaccination series for Hepatitis at no expense to the employee. ARTICLE 45 TRAINING 45.1: The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. 45.2: Where the City requires any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attending such training during his/her normal working hours. In the event the City is unable to schedule the employee to attend such training during his/her normal working hours, the employee shall be required to attend such training during his/her off -duty hours; provided, however, that the time spent by the employee in such training during his/her off -duty hours shall be compensated in accordance with Article 27 of this Agreement. Travel time shall not be compensated. 45.3: All sworn officers will be required to train and qualify with their service weapon on a semi- annual basis. A certified arms instructor shall conduct the training. The City shall furnish all ammunition and safety equipment. Any employee required to attend such training during his/her off -duty hours will be compensated in accordance with Article 27 of this Agreement. Travel time shall not be compensated. 45A: The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement. ARTICLE 46 OFF -DUTY EMPLOYMENT 46.1: Outside Employment shall be controlled by the City's Standard Operating Procedures and departmental general orders. No City uniform shall be worn or any City equipment used. A. Any employee desiring to pursue outside employment shall submit designated form to the Police Chief for approval. The Police Chief shall review and respond within a reasonable time period. 40 142 of 188 ARTICLE 47 SUBSTANCE ABUSE TESTING 47.1: The City and the IUPA agree to abide by a Drug Free Workplace as provided for in Florida Statute. 47.2: An employee subject to drug testing for reasonable suspicion shall be placed on administrative leave with pay pending the laboratory results of the test. 47.3: Employees agree to participate in a random drug screening. ARTICLE 48 SAVINGS CLAUSE 48.1: If any article or section of this Agreement should be determined to be in conflict with any existing or subsequently enacted State or Federal legislation or judicial decision, all other articles and sections of this Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion(s). 48.2: In the event of such determination, the City agrees to notify the IUPA of its intent to implement such change within fifteen (15) days of such notice. The 1UPA shall have the right to appeal such determination within thirty (30) days of such notice to the appropriate court. During the time of such appeal, the City will effect no change in the Agreement until such appeal has been resolved by the appropriate court within the State or Federal Judicial System. 48.3: In the event of invalidation of any article or section, the parties agree to meet within thirty (30) days of such determination for the purpose of negotiating a replacement for such article or section. 41 143 of 188 ARTICLE 49 RETIREMENT 49.1 The City will follow Ordinance No. 0-15-01 amended by 0-17-03 which amends Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian. - The City shall contribute to the Plan as required by law to ensure that the Plan is funded on a sound actuarial basis. 49.2 Member Contributions Members shall be required to make regular contributions to the fund in the amount of eight percent (8%) of their eligible earnings. 49.3 Cost -of -Living (a) Normal Retirement Benefit (1) The amount of the monthly retirement income payable to a member hired prior to October 12011 who retires on or after his normal retirement date shall be an amount equal to the number of years of credited service multiplied by three (3) percent of his average final compensation. (2) For members hired on or after October 1, 2011, the amount of the monthly retirement income payable to a member who retires on or after his normal retirement date shall be an amount equal to the number of years of credited service multiplied by two (2) percent of his average final compensation for the years of credited service beginning on or after April 11, 2012 and ending October 1, 2016 and three (3) percent of average final compensation for all credited service before April 11, 2012 and after October 1, 2016. (3) Future retirees with a minimum of fifteen (15) years of credited service shall receive a one percent (10/6) automatic cost -of -living adjustment beginning on the first October 1 following the attainment of age fifty-eight (58). The COLA is applicable to all forms of retirement, including normal and early retirement, terminated vested, disability retirees and pre -retirement death beneficiaries. 49.4 Optional Forms of Benefits - For members who do not participate in the DROP pursuant to Section 58-70.3, the member may elect a percentage of benefit in a lump sum per the Ordinance. 49.5 Military Service, Police Service Prior to Employment (a) The City will follow the City's Ordinance 0-17-01 amended by 0-17-03 Section 58-70.1 and Section 58-70.2 49.6 Deferred Retirement Option Plan (DROP) (a) The City will follow the City's Ordinance 0-17-01 amended by 0-17-03 Section 58-70.3 49.7 Reemployment after Retirement (a) The City will follow the City's Ordinance 0-17-01 amended by 0-17-03 Section 58-70.4 49.8 Any payment made to employees, pursuant to Articles 33.2, 33.6 and 34.5, for accrued vacation and/or sick leave shall not be used in calculating pension benefits, unless those hours were accrued prior to October 1, 2011. If an employee accrued vacation and/or sick leave prior to October 1, 2011, those hours shall be calculated into the pension benefit formula, at the time of separation, in accordance with the following provisions: 42 144 of 188 A. As part of the pension calculation formula, the employee's rate of pay in effect on October 1, 2011 shall be the hourly wage factor. B. As part of the pension calculation formula, provisions from Articles 33 and 34, which govern maximum vacation and/or sick leave accruals, shall be in effect for potential benefit accruals. C. Vacation and/or sick leave accruals eligible for the pension calculation shall be capped at an amount equal to eligible accruals as realized by the employee on October 1, 2011 or the accruals paid upon termination, whichever is less. Should vacation and/or sick leave accruals decrease below the capped amount, accruals used for the pension calculation shall not increase and the lower accrual amount will be used in the pension calculation formula. D. Exhibit - "C" represents the eligible and capped vacation and/or sick leave accruals that may be used in the pension calculation formula. The chart shall be updated on an annual basis or upon retirement to ensure an accurate pension benefit calculation. Only employees listed in Exhibit "B" shall be eligible to apply accruals in the pension benefit formula. 43 145 of 188 ARTICLE 50 DURATION OF AGREEMENT, DATES 50.1 This Agreement shall become effective upon the elate of ratification by the parties, and shall remain in full force and effect until 12:00 midnight on September 30, 2025. 50.2 All terms and conditions last in effect at the expiration of this agreement shall be automatically renewed from year to year thereafter unless either party has given written notice to the other on or before July 15t4 of any year in which the Agreement may expire. IN WITNESS WHEREOF, the parties hereto have set their hands, this day of , 2022. INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFUCIO LOCAL 5 By: Nick .� , Chief Negotiator CITY OF SEBASTIAN, FLORIDA By: 4� P t0 E. Cirlisle, Jr., City Manager By:jVn,�\{�By:r " 1 C' L 'W � Kenneth McDonough, IUPA R Kenneth W. Killgore, CFO/Administrative Services Director By: By: Matthew Radock, IUPA Rep C 'itt R. Watson, Hu an Resources Director relp Terrance Pizzuti, IUPA Approved as to form and content: Attest: Jeanette Williams, City Clerk By: Manny Anon, City Attorney M11 146 of 188 Cln',X SEMI," HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Agenda Item Title: Approve the purchase of eighty (80) new Golf Carts with full GPS from Club Car, LLC, including two (2) sand bottles on each cart. Recommendation: Staff is respectfully requesting City Council approve the purchase of eighty (80) new Golf Carts with the full features, as described above, from Club Car, LLC at the price of $528,640.00 and the complete GPS system at $28,800 annually. Background: The City of Sebastian Golf Course is requesting new golf carts because it is imperative the Golf Course has fully functioning and reliable golf carts due to the heavy annual customer traffic demand. The Sebastian Municipal Golf Course is presently serving approximately 60,000 golf rounds annually. The cart rental fee is a key source of revenue to the Sebastian Municipal Golf Course, averaging $667,000 over the last four (4) fiscal years. Two (2) companies responded to the bid requirements with the following prices quoted for the initial purchase: 80 New Golf Carts without GPS Club Car $5,693 per cart / $455,440 total Yamaha $6,750 per earl / $540,000 total 80 New Golf Carts with full GPS Club Car $6,538 per cart / $523,040 total Yamaha $7,950 per cart / $636,000 total The above pricing from Club Car is for the "Club Car Tempo' model and includes all of the specified features initially requested from the bidders. Staff recommends that the $523,040 pricing for carts with beverage coolers and a full GPS system, the total price includes an additional $5,600 to add a sand bottle to both sides of each cart. The total cost for the carts is $528,640. The monthly charges totaling $30 per cart ($28,800 per year) for the GPS modules that will enable the features described in Exhibit "A", GPS Description. The golf carts were presented in the Capital Improvement Program using a five-year financing plan, with $146,221 of the total $429,214 costs expected to be paid during FY23-24. To pay the total $528,640 purchase price during FY23-24, an added outlay of $382,419 is needed, which will reduce the forecasted Golf Course ending cash reserves at the end of FY23-24 to $139,497. However, an outright purchase will have the benefit of reducing the forecasted expenses for what would be the remaining four years by $273,393. If Agenda Item Reauires Exnenditure of Funds: Budgeted Amount: The Capital Improvement Program, assumed a five year financing plan totaling $429,214. Total Cost: $528,640,00 for outright purchase. Attachments: 1. Exhibit "A", GPS Description Features Administrative Services Departm Revie i 'w l t City Attorney Review: Procurement Division R6view, lfupplicu,Ve: -5Q7-� City Manage Au�orization: ` Date: /7.S�l�l ? t/ 147 of 188 Exhibit "A" GPS DESCRIPTION OF FEATURES *GPS — Golf cart GPS systems deliver helpful and real-time location information, shown on a screen for players and golf course staff to see. Any important alerts can be sent to the players, which a very efficient way of instant communication. GPS, which is satellite -based, also offers the following features: *Real-time map of golf course, complete with yardages from anywhere on the golf hole being played and daily hole -location information. *Action zones or "cart control" — the need for golf course rangers, signs and rope are virtually not -needed as the GPS will not allow golf carts to approach greens, tees and any other area that should be off-limits to golf carts. *Fleet management — data regarding golf cart usage and maintenance is immediately available. *Pace of Play — any group that clearly is playing slower than they should will immediately receive warnings that they are falling behind. *Food & Beverage Ordering — players are able to order from the on -site restaurant using their interactive screen and pick up without having to wait, thus not slowing down play behind them. 148 of 188 CM CF SEBAST-N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Asenda Item Title: Walmart Opioid Settlement Agreement. Recommendation: City Council to authorize the City Manager to execute the Walmart settlement Agreement and appropriate documents. Sackaround: On October 19, 2022 Walmart entered into a settlement agreement with the Attorney General for the State of Florida. The City of Sebastian is eligible for $10,801.47 as part of this settlement. The City can execute the agreement and receive the funding. Alternatively, the City can assign the funds to Indian River County or simply not participate in which case the money would go to the State of Florida. These funds have specific uses that they can be used for. I have attached the document outlining those uses. The City would like to use the funds if approved for the following; 1. Police training on Opioid prevention. 2. Obtaining Naloxone to aid in the recovery of Opioid overdose. 3. Police training on appropriate practices and precautions in dealing with the handling of Opioid and Fentanyl. If Agenda Item Reauires Expenditure of Funds: Settlement amount: $10,801.47 Attachments: 1. Settlement Agreement 2. Exhibit C Core Strategies 3. Settlement amount chart Administrative Services Departme e City Attorney Review _ fnjn Procurement Division R view, ' apph abl City Manager Authorization: Date: //,�/"2 ? 149 of 188 DocuSign Envelope ID: 8FDBAE3-50B64MC,A11C-MEACW2603 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement is made and entered into this 19th day of October 2022, among Walmart (defined below), the State of Florida and its Office of the Attorney General (the "State") (with Walmart and the State collectively referred to as the "Settling Parties"). This Settlement Agreement is intended by the Settling Parties to fully, finally and forever resolve, discharge and settle the Released Claims (as defined below), upon and subject to the terms and conditions hereof (the "Settlement"). WHEREAS, allegations have been made against Walmart that it historically, among other acts, distributed and dispensed prescription opioid pain medication improperly in a fashion that has caused Alleged Harms (defined below) to the health of Florida residents and to the State; WHEREAS, numerous Litigating Subdivisions (defined below) have filed Actions (defined below) in various forums against Walmart, among others, raising Claims or allegations concerning, related to, based upon, or in connection with the Alleged Harms and/or the Covered Conduct (defined below) and seeking relief that overlaps in whole or in part with relief that the State could seek; WHEREAS, numerous Subdivisions (defined below) that are not Litigating Subdivisions ("Non-LitiQatine Subdivisions") and the State of Florida could seek to file additional Actions raising Claims or allegations concerning, related to, based upon, or in connection with the Alleged Harms and/or the Covered Conduct and seeking relief that overlaps in whole or in part with the relief sought in the Actions filed by Litigating Subdivisions against Walmart; WHEREAS, Walmart (i) denies each and all of the Claims and allegations of wrongdoing made by the Litigating Subdivisions in each of the Actions and maintains that it has meritorious defenses; (ii) denies all assertions of wrongdoing or liability against Walmart arising out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged, in the Actions already brought by Litigating Subdivisions or that could be brought by the State or Non -Litigating Subdivisions, and contends that the factual allegations made in the Litigating Subdivisions' Actions relating to Walmart are false and materially inaccurate; (iu) denies that any Litigating Subdivision, the State, or any other Subdivision, or any Florida resident, was harmed by any conduct of Walmart; (iv) denies liability, expressly denies any wrongdoing, and denies it violated any federal or state statute or common law; and (v) maintains that Walmart would be able to successfully defend against the Claims and allegations at trial, that the facts do not support the allegations, that Walmart engaged in no misconduct or unlawful activity, and caused no harm to the Litigating Subdivisions, the State, other Subdivisions, or any Florida residents; WHEREAS, the Parties have investigated the facts and analyzed the relevant legal issues regarding the Claims and defenses that have been or could have been asserted in the Actions; WHEREAS, having conducted a thorough investigation of the opioid industry, the Office of the Attorney General concluded based on objective data metrics that Walmart dispensed many fewer opioids per store and in dosages that were substantially lower than the other major chain pharmacies and independent pharmacies in Florida, and Walmart's share of opioids distributed and dispensed in Florida was substantially lower than the other major chain pharmacies; 150 of 188 DocuSign Envelope ID: 8FDE0AE3-50B6-4B3C-A11GA6EAC2D25D33 WHEREAS, the Office of the Attorney General's investigation concluded that the Company has already voluntarily implemented a wide-ranging, industry -leading, innovative, and comprehensive set of policies, procedures, and controls relating to the dispensing of prescription opioid medications and other controlled substances, including pharmacist training and empowerment programs, company -wide limitations on strength and duration of acute opioid prescriptions, and an industry -leading suite of opioid data analytics, which the Company uses to identify and investigate potentially problematic prescribing practices; WHEREAS, the Office of the Attorney General brought lawsuits against other major chain pharmacies regarding their prescription opioid medication practices but not against Walmart; WHEREAS, based on the aforementioned investigations and conclusions, the Office of the Attorney General believes that it is more efficient and valuable to the State of Florida to avoid the uncertainties and costs of litigation with Walmart and instead to resolve any claims the State may have through a cooperative and mutually beneficial settlement; WHEREAS, because of Walmart's widespread presence throughout the state of Florida and Walmart's extensive experience distributing and dispensing Naloxone, the State selected Walmart as its preferred pharmacy partner to assist with the dispensing of Naloxone received by the State from Teva Pharmaceuticals Industries Ltd. ("Teva") pursuant to the State's settlement with Teva; WHEREAS, the Parties have each considered the costs and delays and uncertainty associated with the prosecution and defense of an action and the continued prosecution and defense of the other Actions; WHEREAS, the Parties believe the Settlement set forth herein avoids the uncertainties of litigation and assures that the benefits reflected herein are obtained; WHEREAS, the State has concluded that the terms of the Settlement are fair, reasonable and adequate and in the best interest of the State and all Subdivisions and Florida citizens and residents; WHEREAS, the State has determined that continuation or commencement of Actions against Walmart by Litigating Subdivisions or other Subdivisions would unduly interfere with the State's litigation authority to bring and resolve litigation in which the State has an interest and frustrate the State's efforts to obtain a favorable settlement WHEREAS, the Parties agree that neither this Agreement nor any statement made in the negotiation thereof shall be deemed or construed to be a concession as to any Claim, an admission, evidence of any violation of any statute or law, evidence of any liability or wrongdoing by Walmart, or evidence of the truth of any of the Claims, allegations, denials, or defenses made in the Litigating Subdivisions' Actions; WHEREAS, arm's-length settlement negotiations have taken place over the course of several months between Walmart and the State; and 151 of 188 DocuSign Envelope ID: 8FDEOAE3.50B6-4B3C-A11C-MEAM25D33 WHEREAS, the State views prompt settlement on the terms enclosed herein to be in the public interest and crucial to the State of Florida and its citizens; recognizes that Subdivisions may, notwithstanding their willingness to sign on to this settlement, wish to reserve the right to challenge the Attorney General's authority to bind them in other litigation that does not arise out of or relate to the Covered Conduct; and represents that the State shall not use those Subdivisions' acceptance of the terms of this Settlement as precedent in any litigation matter that does not arise out of or relate to the Alleged Harms and/or the Covered Conduct. NOW, THEREFORE, IT IS HEREBY AGREED by and between the State and Walmart, by and through their respective counsel, as follows: A. Definitions. As used in this Agreement, the following capitalized terms have the meanings specified below. (a) "Actions" means any lawsuit by a Subdivision asserting any Released Claim against any Releasee. (b) "Agreement," "Settlement" or "Settlement Aureement" means this Settlement Agreement, together with any exhibits attached hereto, which are incorporated herein by reference. (c) "Alleged Harms" means the alleged past, present, and future financial, societal, and related expenditures arising out of the alleged misuse and abuse of opioid products, non-exclusive examples of which are described in the documents listed on Exhibit K, including those expenditures that have allegedly arisen as a result of the physical and bodily injuries sustained by individuals suffering from opioid-related addiction, abuse, death, and other related diseases and disorders, and that have allegedly been caused by Walmart. (d) `Bankruotcv Code" means Title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (e) "Bar" means either: (1) a law barring all Subdivisions in the State of Florida from maintaining Released Claims against Releasees (either through a direct bar or through a grant of authority to release Claims and the exercise of such authority in full) or (2) a ruling by the Florida Supreme Court (or a District Court of Appeal if a decision is not subject to further review by the Florida Supreme Court) setting forth the general principle that Subdivisions in the State of Florida may not maintain any Released Claims against Releasees, whether on the ground of this Agreement (or the release in it) or otherwise. For the avoidance of doubt, a law or ruling that is conditioned or predicated upon payment by a Releasee (apart from the payments by Walmart contemplated under this Agreement) shall not constitute a Bar. (f) "Claim" means any past, present or future cause of action, claim for relief, cross -claim or counterclaim, theory of liability, demand, derivative claim, request, assessment, charge, covenant, damage, debt, lien, loss, penalty, judgment, right, obligation, dispute, suit, contract, controversy, agreement, parens patriae claim, promise, performance, warranty, omission, or grievance of any nature whatsoever, whether legal, equitable, statutory, regulatory or administrative, whether arising under federal, state or local common law, statute, regulation, guidance, ordinance or principles of equity, whether filed or unfiled, whether asserted or 152 of 188 DocuSfgn Envelope 1D: 8MEOAE3-50B6.483C-A11C-MEAUMD33 unasserted, whether known or unknown, whether accrued or unaccrued, whether foreseen, unforeseen or unforeseeable, whether discovered or undiscovered, whether suspected or unsuspected, whether fixed or contingent, and whether existing or hereafter arising, in all such cases, including, but not limited to, any request for declaratory, injunctive, or equitable relief, compensatory, punitive, or statutory damages, absolute liability, strict liability, restitution, abatement, subrogation, contribution, indemnity, apportionment, disgorgement, reimbursement, attorney fees, expert fees, consultant fees, fines, penalties, expenses, costs or any other legal, equitable, civil, administrative or regulatory remedy whatsoever. (g) "Claim. -Over" means a Claim asserted by any entity that is not a Releasor against a Releasee on the basis of contribution, indemnity, or other claim -over on any theory relating to Claims arising out of or related to Covered Conduct (or conduct that would be Covered Conduct if engaged in by a Releasee) asserted by a Releasor. (h) "Consent Judgment" means a consent decree, order, judgment, or similar action; in connection with this Agreement, the Parties have agreed to the entry of the Consent Judgment attached hereto as Exhibit H, which provides for the release set forth below and the dismissal with prejudice of any Released Claims that the State of Florida Office of the Attorney General has brought against Releasees, on the terms and conditions specified herein. (i) "Court" means the Sixth Judicial Circuit Court in and for Pasco County, State of Florida. 0) "Covered Conduct" means any actual or alleged act, failure to act, negligence, statement, error, omission, breach of any duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity of any kind whatsoever from the beginning of time through the Effective Date of the Release (and any past, present or future consequence of any such act, failure to act, negligence, statement, error, omission, breach of duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity) in any line of business arising from or relating in any way to any Product, including without limitation: (1) the distribution, dispensing, delivery, monitoring, reporting, supply, sale, prescribing, physical security, warehousing, coverage, purchases, reimbursement, discovery, development, manufacture, packaging, repackaging, marketing, promotion, advertising, labeling, recall, withdrawal, or use or abuse of any Product; orders, prescriptions, formularies, guidelines, payments or rebates for any Product; policies, practices and/or operating procedures, statements, contracts, commercial arrangements, insurance, claim or benefit administration, claim adjudication, plan design, data and sales thereof, and any other act or failure to act relating to, any Product; and any system, plan, policy or advocacy relating to any Product; (2) the characteristics, properties, risks or benefits of any Product; (3) the reporting, disclosure, non -reporting or non- disclosure to federal, state or other regulators of orders, prescriptions, or conduct related to any Product; (4) the purchasing, selling, acquiring, disposing of, importing, exporting, handling, processing, packaging, supplying, distributing, converting, or otherwise engaging in any activity relating to any Product; and (5) controls against diversion, corresponding responsibility, and suspicious order monitoring. (k) "Wahnart" means Walmart Inc. 4 153 of 188 Docu&gn Envelope ID: 8FDEOAE3-5oB6-4B3C-A11C-A6EAC2D25D33 (1) "Effective Date of the Agreement" means 3 business days after the Initial Participation Date, provided that either a Bar exists or a mutually sufficient number of Subdivisions have become Participating Subdivisions by the Initial Participation Date. The Parties may alter the Effective Date of the Agreement by mutual written agreement. For the avoidance of doubt, the Effective Date of the Agreement will not occur if either Party determines in its sole discretion that an insufficient number of Subdivisions have become Participating Subdivisions by the Initial Participation Date. (m) "Effective Date of the Release" means the date on which the Court enters the Consent Judgment. (n) "Execution Date" means the date on which this Agreement is executed by the last Party to do so. (o) "Initial Participation Date" means the date by which Litigating Subdivisions must join to become initial Participating Subdivisions, The Initial Participation Date shall be 30 days after the Execution Date. The Parties may alter the Initial Participation Date by mutual written agreement. (p) "Litilzatinp Subdivision" means a Subdivision (or Subdivision official) that has brought any Released Claim against any Releasees on or before the Execution Date, including, but not limited to, the agreed list of Litigating Subdivisions set forth in Exhibit A. (q) "Litintion Costs" means attorneys' fees and investigative and litigation costs and expenses incurred in connection with Claims asserted against any Releasee in any Litigating Subdivision's Action. (r) "Non -Joining Subdivision" means any Litigating Subdivision or Principal Subdivision that does not execute a subdivision settlement participation form attached as Exhibit D by the Post -Effective Date Sign -on Deadline. (s) "Non-Litigatina Subdivision" means a Subdivision that is not a Litigating Subdivision. (t) "Non -Participating Subdivision" means a Subdivision that is not or is not yet a Participating Subdivision. (u) "Opioid Remediation" means care, treatment and other programs and expenditures (including reimbursement for past such programs or expenditures, except where this Agreement restricts the use of funds solely to future Opioid Remediation) designed to remediate Alleged Harms, including to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic. Exhibit C provides a non -exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include 154 of 188 DocuSign Envelope ID: 8FDEOAE3-5OB64B3C-A11C-ABEA=2033 reasonable related administrative expenses.' Walmart denies that Opioid Remediation comprises cognizable abatement. (v) "Particioatina Subdivision" means any Subdivision that executes a subdivision settlement participation form attached as Exhibit D. (w) "Parties" and "Settling Parties" means Walmart and the State, with each being a "La_rtv' and "Settline Pam." (x) "Post -Effective Date Sien-on Deadline" means the deadline for Subdivisions to execute a subdivision settlement participation form attached as Exhibit D, which shall be 150 days after the Effective Date of the Agreement. (y) "Principal Subdivision" means: (1) a County, regardless of population; or (2) a Subdivision that is not a County, but is a General Purpose Government entity (including a municipality, city, town, township, parish, village, borough, gore or any other entities that provide municipal -type government) with a population of more than 10,000, including, but not limited to, the agreed list of Principal Subdivisions attached hereto as Exhibit B. (z) "Product" means any chemical substance, whether licit or illicit, whether used for medicinal or non -medicinal purposes, and whether natural, synthetic, or semi -synthetic, or any finished pharmaceutical product made from or with such substance, that is: (1) an opioid or opiate, as well as any product containing any such substance; or (2) a benzodiazepine, a muscle relaxer, or gabapentin; or (3) a combination or "cocktail" of chemical substances prescribed, sold, bought or dispensed to be used together that includes opioids or opiates. "Product" shall include, but is not limited to, any substance consisting of or containing buprenorphine, codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, oxycodone, oxymorphone, tapentadol, tramadoi, opium, heroin, carfentanil, diazepam, estazolam, quazepam, alprazolam, clonazepam, oxazepam, flurazepam, triozolam, temazepam, midazolam, chlordiazepoxide, clobazam, clorazepate, flurazepam, lorazepam, temazepam, carisoprodol, cyclobenzaprine, orphenadrine, tizanidine, gabapentin, or any variant of these substances or any similar substance. Notwithstanding the foregoing, nothing in this definition prohibits a Releasor from taking administrative or regulatory action related to a benzodiazepine (including, but not limited to, diazepam, estazolam, quazepam, alprazolam, clonazepam, oxazepam, flurazepam, triozolam, temazepam, and midazolam), carisoprodol, or gabapentin that is wholly independent from the use of such drugs in combination with opioids, provided such action does not seek money (including abatement and/or remediation) for conduct prior to the Execution Date. (aa) "Oualified Settlement Fund" means the Florida Qualified Settlement Fund contemplated by this Agreement, into which all payments by Walmart shall be made and which shall be established under the authority and jurisdiction ofthe Court and which shall be a "qualified settlement fund" within the meaning of 26 C.F.R. § 1.468B-1. Opioid Remediation includes amounts paid to satisfy any future demand by another governmental entity to make a required reimbursement in connection with the past care and treatment of a person. 155 of 188 DocuSign Envelope ID: 8FDEOAE3-5OB84B3C-A11C-MEAUD=33 (bb) "Oualified Settlement Fund Administrator" means the Administrator appointed to administer the Qualified Settlement Fund under the authority and jurisdiction of the Court. The duties of the Qualified Settlement Fund Administrator shall be governed by this Agreement. The identity of the Qualified Settlement Fund Administrator and a detailed description of the Qualified Settlement Fund Administrator's duties and responsibilities, including a detailed mechanism for paying the Qualified Settlement Fund Administrator's fees and costs, will be set forth in a separate document to be prepared by the Parties and filed with the Court to establish the fund and be attached later to this Agreement as Exhibit E. (cc) "Released Claims" means any and all Claims that directly or indirectly are based on, arise out of, or in any way relate to or concern the Covered Conduct and/or Alleged Harms occurring prior to the Effective Date of the Release. Without limiting the foregoing, Released Claims include any Claims that have been asserted against the Releasees by the State or any Litigating Subdivision in any federal, state or local Action or proceeding (whether judicial, arbitral or administrative) based on, arising out of or relating to, in whole or in part, the Covered Conduct and/or Alleged Harms, or any such Claims that could be or could have been asserted now or in the future in those Actions or in any comparable Action or proceeding brought by the State, any of its Subdivisions, or any Releasor (whether or not such State, Subdivision, or Releasor has brought such Action or proceeding). Released Claims also include all Claims asserted in any proceeding to be dismissed pursuant to this Agreement, whether or not such Claims relate to Covered Conduct. The Parties intend that this term, "Released Claims," be interpreted broadly. This Agreement does not release Claims by private individuals for any of their own damages for any alleged personal injuries arising out of their own use of any Product. But in any action arising from or relating to such Claims or the Covered Conduct and/or Alleged Harms, the Releasees may assert as a defense or otherwise argue that the Remediation Payments required herein serve as a measure of compensation for personal injuries or for other legal or equitable claims or demands asserted by private individuals or others. It is the intent of the Parties that Claims by private individuals be treated in accordance with applicable law. Released Claims is also used herein to describe Claims brought or maintained by any Subdivision in the future that would have been Released Claims if they had been brought by a Releasor against a Releasee. (dd) "Releasees" means: (J) Walmart Inc.; (ii) all of their respective past and present, direct or indirect: parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns and insurers (in their capacity as such) and all of their respective past and present, direct or indirect, parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns and insurers (in their capacity as such); and (iii) the past and present officers, directors, members, shareholders (solely in their capacity as shareholders ofthe foregoing entities), partners, trustees, employees, agents, attorneys and insurers of each of the foregoing entities and persons referenced in clauses (i) through (ii) above for actions or omissions that occurred during and related to their work for, or employment with, any of the foregoing entities with respect to the Released Claims. An illustrative list of Released Entities is annexed to this Agreement as Exhibit L. (ee) "Releasors" means with respect to Released Claims: (1) the State; (2) without limitation, all of the State of Florida's departments, agencies, divisions, boards, commissions, instrumentalities of any kind, including without limitation the Florida Attorney General, Florida Board of Pharmacy, Florida Department of Health, and Florida Department of 7 156 of 188 Docuftn Envelope ID: BFDEOAE3-&OB6-4B3C-A11C-A6EAC2D25D33 Business and Professional Regulation, and any person in his or her official capacity, whether elected or appointed to lead or serve any of the foregoing, and any agency, person or entity claiming by or through any of the foregoing; (3) each Participating Subdivision; and (4) without limitation and to the maximum extent of the power of each of the State, the Florida Attorney General and/or Participating Subdivisions to release Claims, (a) every Subdivision, and every Subdivision's departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and any person in his or her official capacity, whether elected or appointed to lead or serve any of the foregoing, and any agency, person or entity claiming by or through any of the foregoing; (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, water districts, law enforcement districts, emergency services districts, school districts, hospital districts and other special districts in the State of Florida; and (c) any person or entity acting in a parens patriae, sovereign, quasi -sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public with respect to the State of Florida or any Subdivision in the State of Florida, whether or not any of them participates in this Agreement. Nothing in this definition shall be construed to limit the definition of"Subdivision" in subsection A(gg) below. In addition to being a Releasor as provided herein, a Participating Subdivision shall also provide a subdivision settlement participation form (attached as Exhibit D) providing for a release to the fullest extent of the Participating Subdivision's authority, an executed copy of which shall be attached as an exhibit to and deemed to be a part of this Agreement. (ff) "State -Subdivision Agreement" means a separate agreement among the State and all Participating Subdivisions providing for an allocation of, among other things, the Remediation Payment (defined below). The State -Subdivision Agreement is attached hereto as Exhibit I. (gg) "Subdivision" means (1) any General Purpose Government entity (including, but not limited to, a municipality, county, county subdivision, city, town, township, parish, village, borough, gore or any other entities that provide municipal -type government), School District, or Special District within the State, and (2) any other subdivision or subdivision official or sub -entity of or located within the State (whether political, geographical or otherwise, whether functioning or non-functioning, regardless of population overlap, and including, but not limited to, nonfunctioning governmental units and public institutions) that has filed or could file a lawsuit that includes a Released Claim against a Releasee in a direct, parens patriae, or any other capacity. "General Purpose Government," "School District," and "Special District" shall correspond to the "five basic types of local governments" recognized by the U.S. Census Bureau and match the 2017 list of Govemmental Units. The three (3) General Purpose Governments are county, municipal, and township governments; the two (2) special purpose governments are School Districts and Special Districts. "Fire District," "Health District," "Hospital District," and "Library District" shall correspond to categories of Special Districts recognized by the U.S. Census Bureau. References to the State's Subdivisions or to the Subdivision "in," "of," or "within" the State include Subdivisions located within the State even if they are not formally or legally a sub - entity of the State. 8 157 of 188 DocuSign Envelope ID: 8FDEOAE3-5OB64B3C-A11C-MEACW25D33 B. Release and Dismissals of other Actions. 1. It is the intention of the Settling Parties to fully and finally resolve all Released Claims that have been or could be brought against the Releasees by the State or any Subdivision with respect to the Covered Conduct and the Alleged Harms, and that the release of such Claims does not affect the State's or the Subdivisions' Claims as to any other defendant. The State represents and warrants that it will use its best efforts to obtain a consensual release of any and all Claims involving Covered Conduct and Alleged Harms that the State and all Subdivisions, including any Litigating Subdivision or Non -Litigating Subdivision, have asserted or could assert against the Releasees. Regardless whether such consensual release is obtained, the State represents and warrants under this Agreement that it is exercising its authority under law to release any and all Claims involving Covered Conduct and Alleged Harms that the State and all Subdivisions, including any Litigating Subdivision or Non -Litigating Subdivision, have asserted or could assert against the Releasees, and that it will exercise this authority to its fullest extent. The State further represents and warrants that it will use all available authority to bind, and under this Agreement is exercising such authority to bind, the State and all Subdivisions, including all Litigating Subdivisions and Non -Litigating Subdivisions, regardless of whether they become Participating Subdivisions or Non -Joining Subdivisions, to the terms of this Agreement. 2. In addition to the general release and dismissal to be provided by the State set forth in Sections D & E, the State will deliver to Wahnart signed agreements from: (a) each Subdivision that executes a signed agreement by the Initial Participation Date; and (b) each Subdivision that executes a signed agreement by the Post -Effective Date Sign -on Deadline (i.e., within 150 days following the Effective Date of the Agreement). Such agreements shall include: (a) the Subdivision's acceptance of the terms and conditions of this Agreement by signing the subdivision settlement participation form attached as Exhibit D; (b) in the case of a Litigating Subdivision, such Litigating Subdivision's agreement to implement an immediate cessation of any and all litigation activities relating to such Litigating Subdivision's Action as to all Releasees; (c) in the case of a Litigating Subdivision, an agreement that the State may represent that the Litigating Subdivision supports the Consent Judgment to be entered in accordance with Section E below; and (d) in the case of a Litigating Subdivision, such Litigating Subdivision's agreement to file, within the later of seven (7) days of the Effective Date of the Release, or seven (7) days of signing the subdivision settlement participation form, a notice or stipulation of voluntary dismissal with prejudice of any and all Released Claims asserted by the Litigating Subdivision against the Releasees, with each party to bear its own costs. 3. Between the Execution Date and the Initial Participation Date, the State agrees to furnish to Walmart a report listing the Subdivisions that have executed the signed agreements described in Section B.2 and copies of such signed agreements on a weekly basis. The State further agrees to furnish to Walmart no later than noon Eastern Time on the day after the Initial Participation Date a final report listing the Subdivisions that have executed the signed agreements described in Section B.2 by the Initial Participation Date and copies of all such signed agreements. After the Initial Participation Date, the parties shall confer and establish a schedule for the regular provision of such reports and copies of signed agreements. 4. The State represents and warrants that, if any Action remains pending against one or more Releasees after the Effective Date of the Agreement or is filed by a Subdivision G� 158 of 188 DocuSign Envelope ID: 8MEOAE3-50138-4133C-A11C-MEAC213251)33 against any Releasee on or after the Execution Date, the State will seek to obtain dismissal of such Action as to such Releasees as soon as reasonably possible. Depending on facts and circumstances, the State may seek dismissal, among other ways, by intervening in such Action to move to dismiss or otherwise terminate the Subdivision's Claims in the Action or by commencing a declaratory judgment or other action that establishes a Bar to the Subdivision's Claims and Action. For avoidance of doubt, the State will seek dismissal of an Action under this subsection regardless whether the Subdivision in such Action is a Participating Subdivision. 5. In the event that the actions required of the State in Section BA fail to secure the prompt dismissal or termination of any Action by any Subdivision against any Releasee, the State shall seek enactment of a legislative Bar as defined in Section A(e)(1) and will endeavor to achieve enactment as soon as is practicable. Participating Subdivisions agree not to oppose any effort by the State to achieve enactment of a legislative Bar. 6. The State further represents and warrants that no portion of the Remediation Payment or the Litigation Costs Payments will be distributed to or used for the benefit of any Subdivision unless and until the State has delivered to Walmart a signed agreement from such Subdivision providing for the Subdivision's acceptance of the terms and conditions of this Agreement, including its express agreement to be bound by the irrevocable releases set forth in Section D below. C. Settlement Consideration. 1. Remediation Payment and Litigation Costs Payments. (a) The settlement sum is $215,000,000, consisting of (a) $187,937,062.10 to be spent on Opioid Remediation, reflecting a level of payment unique to the State of Florida based on the facts and circumstances only occurring in Florida, (b) $27,062,937.87 consisting of (i) $7,752,403.81 to be paid to the Common Benefit Fund established by the Ongoing Common Benefit Order (Dkt. #4428) in In re National Prescription Opiate Litigation, case no. 1:17-and-2804, pending in the United States District Court for the Northern District of Ohio Eastern Division ("Common Benefit Fund Pavinent"); and (ii) $19,310,534.06 to be divided by a subsequent agreement and disbursed as the Litigating Subdivision Litigation Cost Payment and State Cost Payment (collectively, the Litigating Subdivision Litigation Cost Payment and State Cost Payment are referred to as the "Cost Pavments").The payments under this Section shall be paid on or before the later of (a) seven (7) days after the Effective Date of the Release, or (b) seven (7) day salter (i) the Qualified Settlement Fund has been established under the authority and jurisdiction of the Court, and (ii) Walmart has received a properly completed and executed IRS Form W9 from and wire instructions for the Qualified Settlement Fund. Walmart shall make the payment into the Qualified Settlement Fund. The Opioid Remediation payment shall be divided and paid according to the StatelSubdivision Agreement, except that the agreed -upon amount set forth in the agreement between the State and Walmart relating to Walmart's dispensing of Naloxone manufactured by Teva Pharmaceuticals Industries Ltd. ("Teva") pursuant to the State's settlement with Teva shall be subtracted from the total settlement sum paid by Walmart and taken from the State Sub -Fund or State Cost Payment. The Qualified Settlement Fund Administrator shall allocate each of the Remediation Payment, The State Cost Payment, and the Litigating Subdivision Litigation Cost Payment into separate sub -funds within the Qualified Settlement 10 159 of 188 DocuSign Envelope ID: 8FDEOAE3-50B6-4B3C,Al1C-MEAC2026D33 Fund. Release of Remediation Payment and the Cost Payments shall be subject to the conditions specified below. (b) An agreement on the handling of Litigating Subdivision Litigation Costs is attached as Exhibit G and incorporated herein by reference. The Litigating Subdivision Litigation Cost Payment is to be available to counsel for Litigating Subdivisions that become Participating Subdivisions and who waive any other right(s) they may have to compensation in connection with this Settlement for reasonable Litigation Costs incurred in connection with their Claims against Releasees. (1) The Qualified Settlement Fund Administrator shall allow eligible counsel reimbursement for reasonable Litigation Costs as provided in Exhibit G. Such Litigation Costs shall be divided among Participating Subdivisions as provided in Exhibit G under the jurisdiction and authority of the Court. Any amount remaining in the Litigation Subdivision Litigation Costs Payment sub -fund after such allocation shall be returned to Walmart. (2) No funds may be used to compensate Litigation Costs incurred by Non -Participating Subdivisions or Non - Litigating Subdivisions, or Litigation Costs arising out of representation of any such Subdivision. (3) No attorney for any Litigating Subdivision may receive any share of the Litigating Subdivision Litigation Cost Payment unless the following eligibility requirements are met and certified by the attorney: i. The attorney must represent that s/he has no present intent to represent or participate in the representation of any Subdivision or any Releasor with respect to the litigation of any Released Claims against any Releasees. ii. The attorney must represent that s/he will not charge or accept any referral fees for any Released Claims asserted or maintained against Releasees by any Subdivision or any Releasor. iii. The attorney may not have, and must represent that s/he does not have, a claim for fees, costs or expenses related to the litigation of any Released Claims against any Releasees by any Subdivision or any Releasor after the Execution Date. iv. Notwithstanding the foregoing, nothing in this subsection C.1(b)(3) is intended to operate as a 11 160 of 188 Docuftn Envelope ID: 81FDEME3-50681183C-A11C-MEAUD261)33 "restriction" on the right of any attorney to practice law within the meaning of Rule 5.6(b) of the Florida Rules of Professional Conduct or any equivalent provision of any other jurisdiction's rules of professional conduct. (c) The State shall be entitled to the State Cost Payment in an amount to be determined between the State and Litigating Subdivisions. However, in no event shall the State Cost Payment, when combined with the Litigating Subdivision Litigation Cost Payment, exceed $19,310,534.06. 2. No Other Payments by Releasees as to Covered Conduct, Alleged Harms, Released Claims, Other Actions, the State, Subdivisions or Litigation Costs. Other than the Remediation Payments and the Costs Payments by Walmart referenced in Section C.l (a), none of the Releasees shall have any obligation to make any further or additional payments in connection with the Actions; Claims for Covered Conduct, Alleged Harms, or Litigation Costs; Released Claims; or this Settlement. Apportionment of the Remediation Payment. (a) It is the intent of the Parties that the Remediation Payment in Section C.1(a) be used exclusively for Opioid Remediation. (b) In accordance with the State -Subdivision Agreement in Exhibit 1, the Remediation Payment shall be allocated by the Qualified Settlement Fund Administrator into three sub -fiords: an Abatement Accounts Sub -Fund (also known as a regional fund), a State Sub - Fund, and a Subdivision Sub -Fund to be allocated to the Abatement Accounts Sub -Fund or to another Participating Subdivision. (c) A detailed mechanism consistent with the foregoing for a Qualified Settlement Fund Administrator to follow in allocating, apportioning and distributing payments will be filed with the Court and later attached as Exhibit J. (d) Walmart shall have no duty, liability, or influence of any kind with respect to the apportionment and use of the Remediation Payment by the Qualified Settlement Fund Administrator. The State specifically represents, however, that any such apportionment and use by the Qualified Settlement Fund Administrator shall be made in accordance with the terms of this Agreement and all applicable laws. 4. Release of the State Sub -Fund. Within a reasonable period after the Effective Date of the Agreement or otherwise as ordered by the Court, the Qualified Settlement Fund Administrator shall release the State Sub -Fund to the State. 5. Subdivision Payments to Subdivisions that Become Participating Subdivisions Prior to the Initial Participation Date. A Participating Subdivision that (a) completes a subdivision settlement participation form prior to the Initial Participation Date, (b) joins the Florida Opioid Allocation and Statewide Response Agreement (Exhibit I), and (c) in the case of a Litigating Subdivision, dismisses with prejudice any and all Released Claims asserted by 12 161 of 188 DocuSign Envelope ID:$FMAE3-50136-463C-A11C-ASEAC21326D33 the Litigating Subdivision against the Releasees, shall be eligible to receive payment of a share of the Remediation Payment within a reasonable period after the Effective Date of the Agreement. 6. Subdivision Payments to Subdivisions that Become Participating Subdivisions After the Initial Participation Date. A Participating Subdivision that (a) completes a subdivision settlement participation form after the Initial Participation Date and by no later than the Post -Effective Date Sign -on Deadline, (b) joins the Florida Opioid Allocation and Statewide Response Agreement (Exhibit I), and (c) in the case of a Litigating Subdivision, dismisses with prejudice any and all Released Claims asserted by the Litigating Subdivision against the Releasees, shall be eligible to receive payment of a share of the Remediation Payment within a reasonable period after the Post -Effective Date Sign -on Deadline. 7. Reversion to Walmart of Amounts Forfeited by Non -Joining Subdivisions. Any Litigating Subdivision or Principal Subdivision that does not sign a participation agreement by the Post -Effective Date Sign -on Deadline will be deemed a Non - Joining Subdivision. At Walmart's request to the Qualified Settlement Fund Administrator, any Non -Joining Subdivision's share of the Remediation Payment (and to the extent any such subdivision is a Litigating Subdivision the Litigation Cost Payments) shall be returned to Walmart within a reasonable time after the Post -Effective Date Sign -on Deadline. 8. Agreement Null and Void if the Agreement Does Not Become Effective. In the event that the Effective Date of the Agreement does not occur, and the Parties fail to agree to extend the Effective Date of the Agreement, the Agreement shall be null and void, and Walmart shall have no obligation to pay or provide any of the settlement consideration in this Agreement. 9. Injunctive Relief. As part of the Consent Judgment to be entered in accordance with Section F below, the Parties agree to the entry of injunctive relief terms attached in Exhibit F. D. Settlement of Claims and General Release. 1. Scope. On the Effective Date of the Release, the State and each Releasor shall be deemed to have fully, finally and forever released all Releasees from all Released Claims. The State, on behalf of itself and all other Releasoes (whether or not they have signed this Agreement or the subdivision settlement participation form in Exhibit D), hereby absolutely, unconditionally and irrevocably covenants not to bring, file, or claim, or to cause, assist, or permit to be brought, filed, or claimed, any Released Claims of any type in any forum whatsoever against Releasees. For the avoidance of doubt, the State agrees that this Settlement Agreement and the releases contained herein shall fully and completely resolve any past, present or future liability that any Releasee may have arising from, relating to or based on Alleged Harms and Covered Conduct occurring prior to the Effective Date of the Release, whether in the Actions or otherwise. The releases provided for in this Agreement are intended by the Settling Parties to be broad and shall be interpreted so as to give the Releasees the broadest possible bar against any and all Released Claims. This Settlement Agreement is, will constitute, and may be pleaded as a comp] ete bar to any Released Claim asserted against Releasees, whether against the State, any Participating Subdivision, or any other Subdivision, including any Non -Joining Subdivision. 13 162 of 188 DocuSign Envelope ID: 8FDEOAE3-50138-4133C-A11C-MEAC213251333 2. General Release. In connection with the releases provided pursuant to this Settlement Agreement, the State, on behalf of itself and all other Releasors referenced in Section D.1, expressly waives, releases and forever discharges any and all provisions, rights and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, ifknown by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those that he, she, or it knows or believes to be true with respect to the Released Claims, but the State, on behalf of itself and all other Releasors, hereby expressly waives and fully, finally and forever settles, releases and discharges, upon the Effective Date of the Release, any and all Released Claims against the Releasees that may exist as of this date but which they do not know or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise, and which, if known, would materially affect their decision to enter into this Settlement Agreement. 3. Claim -Over and Non -Party Settlement. (a) Statement of Intent. It is the intent of the Parties that: (1) The Remediation Payment and Litigation Cost Payments made under this Agreement shall be the sole payments made by the Releasees to the Releasors involving, arising out of, or related to Covered Conduct (or conduct that would be Covered Conduct if engaged in by a Releasee) and/or Alleged Harms; (2) Claims by Releasors against non -Parties should not result in additional payments by Releasees, whether through contribution, indemnification or any other means; (3) The Settlement effects a good faith "release and covenant not to sue" within the meaning of Florida Statute § 768.31(5) and meets the requirements of the Uniform Contribution Among Joint Tortfeasors Act and any similar state law or doctrine, including, but not limited to, Fla. Stat. § 768.31(5), that reduces or discharges a released parry's liability to any other parties, such that Releasees are discharged from all liability for contribution to any other alleged tortfeasor in the Florida AG Action and in any other Action, whenever filed; and (4) The provisions of this Section D.3 are intended to be implemented consistent with these principles. This 14 163 of 188 DocuSign Envelope ID: 8FDE0AE3-50B8-4B3C-A11C-MEAM2151333 Agreement and the releases and dismissals provided for herein are made in good faith. (b) No Releasee shall seek to recover for amounts paid under this Agreement based on indemnification, contribution, or any other theory, from a manufacturer, pharmacy, hospital, pharmacy benefit manager, health insurer, third -party vendor, trade association, distributor, or health care practitioner, provided that a Releasee shall be relieved of this prohibition with respect to any person or entity that asserts a Claim -Over against it or with respect to any person or entity that brings any other form of action against Wahnart arising out of or related to Covered Conduct. For the avoidance of doubt, nothing herein shall prohibit a Releasee from recovering amounts owed pursuant to insurance contracts. (c) To the extent that, on or after the Effective Date of the Agreement, any Releasor settles any Claims arising out of or related to Covered Conduct (or conduct that would be Covered Conduct if engaged in by a Releasee) ("Non -Party Covered Conduct Claims") it may have against any entity that is not a Releasee (a "Non -Released Entity") that is, as of the Effective Date of the Agreement, a defendant in any Action and provides a release to such Non - Released Entity (a "Non -Party Settlement"), including in any bankruptcy case or through any plan of reorganization (whether individually or as a class of creditors), the Releasor will seek to include (or in the case of a Non -Party Settlement made in connection with a bankruptcy case, will cause the debtor to include), unless prohibited from doing so under applicable law, in the Non -Party Settlement a prohibition on seeking contribution or indemnity of any kind from Releasees substantially equivalent to that required from Walmart in subsection D.3(b) (except limited to such claims against Releasees), or a release from such Non -Released Entity in favor of the Releasees (in a form equivalent to the releases contained in this Agreement) of any Claim -Over. The obligation to seek to obtain the prohibition and/or release required by this subsection is a material term of this Agreement. (d) Claim -Over. In the event that any Releasor obtains a judgment with respect to a Non -Party Covered Conduct Claim against a Non -Released Entity that does not contain a prohibition like that in subsection D.3(b), or any Releasor files a Non -Party Covered Conduct Claim against a Non -Released Entity in bankruptcy or a Releasor is prevented for any reason from obtaining a prohibitiontrelease in a Non -Party Settlement as provided in subsection D.3(c), and such Non -Released Entity asserts a Claim -Over against a Releasee, Walmart and that Releasor shall meet and confer concerning any additional appropriate means by which to ensure that Releasees are not required to make any payment with respect to Covered Conduct (beyond the amounts that will already have been paid by Walmart under this Settlement Agreement). (e) In no event shall a Releasor be required to reduce the amount of a settlement or judgment against a Non -Released Entity in order to prevent additional payments by Releasees, whether through contribution, indemnification, or any other means. (f) Cooperation. Releasors, including the State and Participating Subdivisions, agree that they will not publicly or privately encourage any person, entity, or other Releasor to bring or maintain any Released Claim. The State further agrees that it will cooperate in good faith with the Releasees to secure the prompt dismissal of any and all Released Claims. 15 164 of 188 DocuSign Envelope to: 8FDEOAE35OB6-4B3C,A11C-A6EAC2D25D33 The State and any Participating Subdivisions shall use best efforts to assist in the stay of any Subdivision Actions through the Post -Effective Date Sign -on Deadline. E. Entry of Consent Judgment Providing for Dismissal of All Claims Against Walmart in the Florida AG Action with Prejudice. As soon as practicable following the Effective Date of the Agreement, the State shall file in the Court a Complaint and a Consent Judgment substantially in the form of Exhibit H, including a dismissal of the Claims with prejudice. Notwithstanding the foregoing, the Consent Judgment shall provide that the Court shall retain jurisdiction for purposes of enforcing compliance with the injunctive terms set forth in Exhibit F. The parties shall confer and agree as to the final form and time of filing prior to filing of the Consent Judgment. F. No Admission of Liability. The Settling Parties intend the Settlement as described herein to be a final and complete resolution of all disputes between Walmart and the State and between Walmart and all Releasors. Walmart is entering into this Settlement Agreement solely for the purposes of settlement, to resolve all Actions and Released Claims and thereby avoid significant expense, inconvenience and uncertainty. Walmart denies the allegations in the Actions and denies any civil or criminal liability in the Actions. Nothing contained herein may be taken as or deemed to be an admission or concession by Walmart of (i) any violation of any law, regulation, or ordinance; (ii) any fault, liability, or wrongdoing; (iii) the strength or weakness of any Claim or defense or allegation made in any Action, or in any other past, present or future proceeding relating to any Covered Conduct or any Product; (iv) the legal viability of the claims and theories in any Action, including but not limited to the legal viability of the relief sought; or (v) any other matter of fact or law. Nothing in this Settlement Agreement shall be construed or used to prohibit any Releasee from engaging in the conduct of its business relating to any Product in accordance with applicable laws and regulations. G. Miscellaneous Provisions. 1. Use of Agreement as Evidence. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of this Agreement: (i) is or may be deemed to be or may be used as an admission or evidence relating to any matter of fact or law alleged in the Actions, the strength or weakness of any claim or defense or allegation made in those cases, or any wrongdoing, fault, or liability of any Releasees; or (ii) is or may be deemed to be or may be used as an admission or evidence relating to any liability, fault or omission of Releasees in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of this Agreement shall be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that Releasees may file or use this Agreement in any action (1) involving a determination regarding insurance coverage; (2) involving a determination of the taxable income or tax liability of any Released Entities; (3) to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good -faith settlement, judgment bar or reduction or on any other theory of claim preclusion or issue preclusion or similar defense or counterclaim; (4) to support a claim for contribution and/or indemnification; or (5) to support any other argument or defense by a Releasee that the Remediation Payments provide a measure of compensation for asserted harms or otherwise satisfy the relief sought. 16 165 of 188 DocuSign Envelope ID: 8FDEOAE3-50B6-4B3C-A11C-A6EAC2D25D33 2. Voluntary Settlement. This Settlement Agreement was negotiated in good faith and at arm's-length over several months and the exchange of the Remediation Payment and Litigation Costs Payments for the releases set forth herein is agreed to represent appropriate and fair consideration. 3. Authorization to Enter Settlement Agreement. Each party specifically represents and warrants that this Settlement Agreement constitutes a legal, valid and binding obligation of such Party. Each signatory to this Settlement Agreement on behalf of a Party specifically represents and warrants that he or she has full authority to enter into this Settlement Agreement on behalf of such Party. The State specifically represents and warrants that it has concluded that the terms of this Settlement Agreement are fair, reasonable, adequate and in the public interest, and that it has satisfied all conditions and taken all actions required by law in order to validly enter into this Settlement Agreement. The State specifically represents and warrants that, other than the Claims asserted in the Actions (whether filed previously or in the future), it has no interest (financial or otherwise) in any other Claim against any Releasee related to the Covered Conduct. In addition, the State specifically represents and warrants that (i) it is the owner and holder of its Claims; (ii) it has not sold, assigned or otherwise transferred the Claims or any portion thereof or rights related thereto, to any third party; and (iii) it believes in good faith that it has the power and authority to bind all persons and entities with an interest in the Actions and all Subdivisions. 4. Representation With Respect to Participation Rate. The State of Florida represents and warrants for itself that it has a good -faith belief that all Litigating Subdivisions and all Principal Subdivisions will become Participating Subdivisions. The State acknowledges the materiality of the foregoing representation and warranty. 5. Dispute Resolution. If either the State or Walmart believes the other is not in compliance with any term of this Settlement Agreement, then that Party shall (i) provide written notice to the other Party specifying the reason(s) why it believes the other is not in compliance with the Settlement Agreement; and (ii) allow the other Party at least thirty (30) days to attempt to cure such alleged non-compliance (the "Cure Period"). In the event the alleged non-compliance is cured within the Cure Period, the other Party shall not have any liability for such alleged non- compliance. A party may not commence a proceeding to enforce compliance with this Agreement before the expiration of the Cure Period. 6. No Third -Party Beneficiaries. Except as to Releasees, nothing in this Settlement Agreement is intended to or shall confer upon any third party any legal or equitable right, benefit or remedy of any nature whatsoever. 7. Notices. All notices under this Agreement shall be in writing and delivered to the persons specified in this subsection ("Notice Designees") via: (i) e-mail; and (ii) either hand delivery or registered or certified mail, return receipt requested, postage pre -paid. Notices to the State shall be delivered to: Attorney General Florida State Capitol, PL-01 17 166 of 188 DocuSign Envelope ID: 8FDE0AE3-WB6.4B3C-AI1C-ABEA=2033 Tallahassee FL 32399-1050 Notices to Walmart shall be delivered to: Karen Roberts Executive Vice President and General Counsel Walmart, Inc. 702 S.W. 8th Street Bentonville, AR 72716 Karen.Roberts@walmartlegal.com Notices to Walmart's attorneys shall be delivered to: David W. Ogden Charles C. Speth Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue, NW Washington, DC 20006 David.Ogden@wihmerhale.com Charles.Speth@wihnerhale.com 8. Taxes. Each of the Parties acknowledges, agrees, and understands that the State and Participating Subdivisions sought restitution and remediation within the meaning of 26 U.S.C. § 162(f)(2)(A) and 26 C.F.R. § 1. 162-2 1 (e)(4)(i), (ii) as damages for the Alleged Harms. Each of the Parties acknowledges, agrees, and understands that the Remediation Payment is no greater than the amount, in the aggregate, of the harms allegedly suffered by the State and Participating Subdivisions. Each of the Parties acknowledges, agrees and understands that it is its intention that, for purposes of Section 162(f) of the Internal Revenue Code, the Remediation Payment by Walmart ($187,937,062.10) constitutes restitution and remediation for damage or harm allegedly caused by Walmart in order to restore, in whole or in part, the State, Participating Subdivisions, and persons to the same position or condition that they would be in had the State, Participating Subdivisions, and persons not suffered the Alleged Harms, and constitutes restitution and remediation for damage or harm allegedly caused by the potential violation of a Iaw and/or is an amount paid to come into compliance with the law. For the avoidance of doubt, "restitution" as used herein has the meaning of 26 U.S.C. § 162(f)(2)(A) and 26 C.F.R. § 1. 162-21 (e)(4)(i), (ii); "restitution" as used herein does not refer to the disgorgement of ill-gotten gains. The Parties acknowledge, agree, and understand that no portion of the Remediation Payment represents the disgorgement of any allegedly ill-gotten gains. The Parties acknowledge, agree and understand that only the Common Benefit Fund Payment ($7,752,403.81) and Litigation Costs Payments ($19,310,534.06) represent reimbursement to the State or any other person or entity for the fees and costs of any investigation or litigation, that no portion of the Remediation Payment represents reimbursement to the State or any other person or entity for the fees and costs of any investigation or litigation, and no portion of the Remediation Payment represents or should properly be characterized as the payment of fines, penalties or other punitive assessments. The State acknowledges, agrees and understands that Walmart intends to allocate the cost of the Remediation Payment among the Releasees using a reasonable basis. The State shall complete and file, on behalf 18 167 of 188 DocuSign Envelope ID: 8FDEOAE3-5086-4B3C-A11C-A6EAC2D25D33 of the State and every Participating Subdivision, Form 1098-F with the Internal Revenue Service, on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which the Agreement becomes binding, identifying the Remediation Payment as remediation/restitution amounts, and shall promptly and timely furnish Copy B of such Form 1098-F to Walmart. Alternatively, if reasonably requested by Walmart, the State and every Participating Subdivision shall each complete and file Form 1098-F with the Internal Revenue Service on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which the Agreement becomes binding. On the Form 1098-F, the State and each Participating Subdivision shall identify the Remediation Amount as restitution/remediation amounts and shall furnish Copy B of such Form 1098-F to Walmart. Walmart makes no warranty or representation to the State as to the tax consequences of the Remediation Payment or the Litigation Costs Payments or any portion thereof. 9. Binding Agreement. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties hereto. 10. Choice of Law. Any dispute arising from or in connection with this Settlement Agreement shall be governed by Florida law without regard to its choice -of -law provisions. 11. Jurisdiction. The Parties agree to submit and consent to the jurisdiction of the Court for the resolution of any disputes arising under the Settlement Agreement. 12. No Conflict Intended. The headings used in this Agreement are intended for the convenience of the reader only and shall not affect the meaning or interpretation of this Agreement. The definitions contained in this Agreement or any Exhibit hereto are applicable to the singular as well as the plural forms of such terms. 13. No Party Deemed to be the Drafter. None of the Parties hereto shall be deemed to be the drafter of this Agreement or any provision hereof for the purpose of any statute, case law or rule of interpretation or construction that would or might cause any provision to be construed against the drafter hereof. 14. Amendment; Waiver. This Agreement shall not be modified in any respect except by a writing executed by all the Parties hereto, and the waiver of any rights conferred hereunder shall be effective only if made by written instrument of the waiving Party. The waiver by any Party of any breach of this Agreement shall not be deemed or construed as a waiver of any other breach, whether prior, subsequent or contemporaneous. 15. Execution in Counterparts. This Agreement may be executed in one or more counterparts. All executed counterparts and each of them shall be deemed to be one and the same instrument. 16. Severability. In the event any one or more material provisions of this Settlement Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Settlement Agreement. 19 168 of 188 DocuSign Envelope ID: 8FDE0AE3-50B8-4B3C-A11C-MEAC2132503 17. Statements to the Press. Any press release or other public statement concerning this Settlement Agreement will describe it positively and will not disparage any other Party. No Party or attorney, agent, or representative of any Parry shall state or suggest that this Settlement Agreement may be used to predict the value of any Claim or any future settlement agreement in any action or proceeding. 18. Integrated Agreement. This Agreement constitutes the entire agreement between the Settling Parties and no representations, warranties or inducements have been made to any Party concerning this Agreement other than the representations, warranties and covenants contained and memorialized herein. 19. Bankruptcy. The following provisions shall apply if, (i) within ninety (90) days of Walmart's payment pursuant to Section C.1(a) above, a case is commenced with respect to Walmart under the Bankruptcy Code, and (ii) a court of competent jurisdiction enters a final order determining such payment to be an avoidable preference under Section 547 of the Bankruptcy Code, and (iii) pursuant to such final order such payment is returned to Walmart: (a) this Agreement, including all releases and covenants not to sue with respect to the Released Claims contained in this Agreement, shall immediately and automatically be deemed null and void as to Walmart; and (b) the State and Subdivisions may assert any and all Released Claims against Walmart in its bankruptcy case and seek to exercise all rights provided under the federal Bankruptcy Code (or other applicable bankruptcy or non -bankruptcy law) with respect to their Claims against Walmart. 20. Most Favored Nations. If, after execution of this Agreement, there is a collective resolution —through settlement, bankruptcy or other mechanism —of substantially all claims against Walmart brought by states, counties, and municipalities nationwide (a "Global Resolution") under which, but for this Agreement, the Florida allocation of the Remediation Payment, the Litigation Cost Payments, the payment period or the terms of injunctive relief would be more favorable to the State, Walmart shall pay the excess amounts that the State would have received, adjust the payment period and/or agree to modify the terms of the Consent Judgment to reflect changes to the injunctive relief that would apply to Florida, if requested to do so by the Florida Attorney General's Office. Additionally, if at any time within the ten months following the Execution Date Walmart enters into a settlement with the attorney general of any state with a smaller population than Florida for a total settlement amount that exceeds $188,322,027.00, Walmart shall pay the excess amount to Florida. Any reduction in the payment period under this subsection shall be subject to a reduction in net present value calculated at eight percent (8%) per annum. IN WITNESS WHEREOF, the Parties hereto, through their fully authorized representatives, have executed this Agreement as of the dates set forth below. 20 169 of 188 DocuSign Envelope ID: 8FDE0AE3-50B6-483C,A11C-A8EAC2D25D33 WALMART INC. Name: Rachel Brand Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary Date: 10/19/2022 21 170 of 188 DocuSign Envelope ID: 8FDEOAE3-50B6-483C-A11C-ABEAC2D25D33 THE STATE STATE OF FLORIDA, including the OFFICE OF THE ATTORNEY GENERAL By: ;6A- fft"-4 Name: John Guard Chief Deputy Attorney General of Florida Pursuant to the authority delegated to him by Ashley Moody, Attorney General of Florida Date: 10/19/2022 22 171 of 188 EXHIBIT C Schedule A Core Strategies Subdivisions shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies").' A. NALOXONE OR OTHER FDA -APPROVED MEDICATION TO REVERSE OPIOID OVERDOSES Expand training for first responders, schools, community support groups and families; and 2, Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION -ASSISTED TREATMENT ("MAT') DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school -based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. ' As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. 172 of 188 F. TREATMENT FOR INCARCERATED POPULATION 1. Provide evidence based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools; Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post -overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE SERVICE PROGRAMS 1. Provide comprehensive syringe services programs with more wrap -around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE -BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE k] 173 of 188 8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 C DATA 2000") to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Disseminate of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web -based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication— Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap -around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community -based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 5 174 of 188 Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 175 of 188 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTT'), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMIIdES. INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women —or women who could become pregnant —who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. E 176 of 188 1. Increase the number of prescribers using PDMPs; 2. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on Vr,: .,..',ate opioid dispensing. G. PREVENT NUSUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take back disposal or destruction programs. S. Funding community anti -drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction —including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAAIHSA"). 7. Engaging non -profits and faith -based communities as systems to support prevention. 11 177 of 188 Public education relating to immunity and Good Samaritan laws. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyI checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES 1. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: l . Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment 13 178 of 188 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24n). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ARAM") system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 15 179 of 188 Settlement Amount $ 187,937,062.10 $ 28,190,559.32 County Principal Subdivisions City/County Fund Amount Alachua Alachua County $ 239,590.07 Alachua $ 3,696.72 Gainesville $ 107,574.50 Baker Baker County $ S4,4S6.78 Bay Bay County $ 152,072.86 Callaway $ 7,034.62 Lynn Haven $ 11,032.29 Panama City $ 43,738.74 Panama City Beach $ 22,805.32 Bradford Bradford County $ 53,416.66 Brevard Brevard County $ 672,930.30 Cape Canaveral $ 12,843.83 Cocoa $ 42,073.12 Cocoa Beach $ 23,782.48 Melbourne $ 107,999.35 Palm Bay $ 114,120.29 Rockledge $ 27,232.99 Satellite Beach $ 10,141.67 Titusville $ 67,573.25 West Melbourne $ 14,658.41 Broward Broward County $ 1,14S,276.34 Coconut Creek $ 28,509.60 Cooper City $ 20,842.82 Coral Springs $ 91,170.11 Dania Beach $ 5,019.90 Davie $ 7S,246.87 Deerfield Beach $ 57,064.24 Fort Lauderdale $ 234,145.50 Hallandale Beach $ 43,681.41 Hollywood $ 146,637.31 Lauderdale Lakes $ 17,654.38 Lauderhill $ 40,702.33 Lighthouse Point $ 8,212.43 Margate $ 40,50S.26 Miramar $ 78,730.65 180 of 188 Glades Glades County $ 11,448.99 Gulf Gulf County $ 16,890.16 Hamilton Hamilton County $ 13,514.89 Hardee Hardee County $ 18,918.70 Hendry Hendry County $ 40,724.34 Hernando Hernando County $ 425,698.86 Highlands Highlands County $ 82,651.06 Avon Park $ 7,281.34 Sebring $ 10,761.03 Hillsborough Hillsborough County $ 1,838,901.53 Plant City $ 29,379.78 Tampa $ 556,952.95 Temple Terrace $ 30,440.37 Holmes Holmes County $ 23,007.00 Indian River Indian River County $ 184,399.46 Sebastian $ 10,802.47 Vero Beach $ 27,095.42 Jackson Jackson County $ 44,804.96 Jefferson Jefferson County $ 11,S07.8S Lafayette Lafayette County $ 8,996.11 Lake Lake County $ 220,322.98 Clermont $ 21,399.22 Eustis $ 11,820.09 Fruitland Park $ 2,362.79 Groveland $ 7,372.97 Lady Lake $ 7,061.24 Leesburg $ 25,749.08 Minneola $ 4,526.97 Mount Dora $ 11,564.16 Tavares $ 8,970.S1 Lee Lee County $ 606,206.06 Bonita Springs $ 4,898.08 181 of 188 Sweetwater $ 1,160.41 Monroe Monroe County $ 109,464.32 Key West $ 24,832.33 Nassau Nassau County $ 111,007.10 Fernandina Beach $ 23,443.12 Okaloosa Okaloosa County $ 178,872.30 Crestview $ 19,857.47 Destin $ 4,137.95 Fort Walton Beach $ 21,942.82 Niceville $ 6,130.15 Okeechobee Okeechobee County $ 99,652.30 Orange Orange County $ 984,921.07 Apopka $ 27,405.49 Maitland $ 13,172.96 Ocoee $ 18,774.86 Orlando $ 327,080.54 Winter Garden $ 15,861.30 I Winter Park $ 29,572.75 Osceola I (Osceola County $ 236,025.09 Kissimmee $ 45,771.99 ISt Cloud $ 20,815.17 Palm Beach I Palm Beach County $ 1,682,358.84 Belle Glade $ 5,871.66 Boca Raton $ 133,078.91 Boynton Beach $ 86,403.58 Delray Beach $ 99,187.52 IGreenacres $ 21,544.59 Jupiter $ 35,369.67 Lake Worth $ 33,024.29 Lantana $ 6,908.70 North Palm Beach $ 12,502.41 Palm Beach Gardens $ 65,874.54 Palm Springs $ 10,718.55 Riviera Beach $ 46,124.56 Royal Palm Beach $ 13,896.75 Wellington $ 14,147.05 l West Palm Beach $ 154,841.05 Pasco Pasco County $ 1,248,710.84 1 New Port Richey $ 42,251.76 182 of 188 Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington Port St. Lucie $ 110,169.68 Sumter County $ 98,057.43 Wildwood $ 3,956.24 Suwannee County $ 53,848.16 Taylor County $ 25,986.59 Union County $ 18,367.93 Volusla County $ 503,040.30 Daytona Beach $ 126,168.67 DeBary $ 9,946.65 Deland $ 27,904.06 Dettona $ 56,192.01 Edgewater $ 16,362.42 Holly Hill $ 8,912.67 New Smyrna Beach $ 29,336.78 Orange City $ 9,461.40 Ormond Beach $ 32,318.93 Port Orange $ 50,065.45 South Daytona $ 12,748.11 Wakulla County $ 32,455.60 Walton County $ 75,708.06 Washington County $ 33,863.75 183 of 188 $ 35,428.20 $ S54,298.74 $ 728,929.51 $ 897,158.51 $ 1,166,212.15 $ 335,866.95 $ 95,428.98 $ 77,989.81 $ 4,085,733.05 $ 1,008,571.35 $ 293,080.21 $ 37,520.72 $ 92,958.24 $ 48,362.80 184 of 188 674,467.96 188,833.45 $ 14,583.50 $ 47,766.30 $ 2,045,750.06 1,278,856.21 653,635.55 3,933,236.88 185 of 188 5,965,039.52 1,616,621.85 289,342.78 527,176.48 2,108,686.81 1,609,604.46 533,991.85 1,132,604.84 CM Lf $E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 11, 2023 Agenda Item Title: City Council 2023 Meeting Dates Recommendation: Review and consider 2023 meeting dates. Background: The City of Sebastian Charter provides for "at least" one City Council meeting per month. Council meetings are scheduled on the 2"a and 4"' Wednesday of each month. Attachments: ("Off' Wednesdays are held open should Council need an extra meeting or workshop.) 2023 Calendar Administrative Services Departme Review- NIA City Attorney Review• Procurement Division Review, if hpplicah NIA City Manager Authorization: V Date: 187 of 188 January Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (-?5) 26 27 28 29 30 31 May Su Mo, Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 '10") 11 12 13 14 15 16 17 18 19 20 21 22 23 (� 25 26 27 28 29 30 31 September Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 1.13) 14 15 16 17 300 18 19 20 21 22 23 o 24 25 26 -- '. 27) 28 29 30 00 -. Regular Meetings 2023 Calendar February Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8; 9 10 11 12 13 14 15 16 17 18 19 20 21 (22') 23 24 25 26 27 28 June Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28` 29 30 October Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11,) 12 13 14 15 16 17 18 19 20 21 22 23 24 ' 25') 26 27 28 29 30 31 March Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 (112, 13 14 15 16 17 18 19 20 21 22 23 24 25 ;26; 27 28 29 30 31 November Su Mo Tu We Th Fr Sa Election Dav 1 ~8 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 Thanksgiving 19 20 21 z2 23 24 25 26 27 28 29 30 April Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 August Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 - ,; 9 ` FL. League 10 11 13 14 15 16 17 18 19 20 21 22 ('23". 24 25 26 27 28 29 30 31 December Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 20 21 Christmas 22 23 24 25 26 i, 27) 28 29 30 31