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HomeMy WebLinkAbout01-25-2023 CC AgendaHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL DRAFT ANNEXATION AGREEMENT WORKSHOP & REGULAR MEETING AGENDA WEDNESDAY, JANUARY 25, 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 WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Dodd 4. ROLL CALL 5. RECESS THE CITY COUNCIL MEETING AND CONVENE THE DRAFT ANNEXATION AGREEMENT WORKSHOP pgs 5-29 A. Discussion on the Graves Brothers Company Draft Annexation Agreement (Transmittal, Agreement) 6. ADJOURN THE WORKSHOP AND RECONVENE THE CITY COUNCIL MEETING 7. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 8. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. Brief Announcements: January 28 & 29 - 4th Annual Sweet Tea Sip & Stroll at Riverview Park — Saturday from 9: 30am — Spm and Sunday from loam — 4pm February 3 — Sebastian River Area Chamber Concert in the Park — S: 30pm to 8pm- TomMacLear & Friends (Rock, blues & country) 1 of 71 9. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunityfor 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. 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 30-38 A. Approval of Minutes — January 11, 2023 Regular City Council Meeting pgs 39-42 B. Resolution No. R-23-02 — Providing Support for the Florida League of Cities Legislative Platform for the 2023 Legislative Session (Transmittal, R-23-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING SUPPORT FOR THE FLORIDA LEAGUE OF CITIES' LEGISLATIVE PLATFROM FOR THE 2023 LEGISLATIVE SESSION; PROVIDING FOR EXPRESSION OF SUPPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. pgs 43-44 C. Approve the Fiscal Year 2023-2024 Budget and Capital Improvement Program Calendar (Transmittal, Calendar) pgs 45-60 D. Approve the Purchase of Twelve Ballistic Vest Panels, Carriers and Rifle Plates for Sebastian Police Department (Transmittal, Quote) pgs 61-63 E. Approve Alcoholic Beverages for the Van Dunk Family Event at the Community Center on March 11, 2023 from 12:00 p.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 64-66 A. Auditor Selection Committee (Transmittal, F.S.218.391) i. Confirm the Staff Selection of Larry Napier and Bruce Hoffman ii. Submit Nominations for the City Council Member Representative 12. PUBLIC HEARINGS - None 2 of 71 13. UNFINISHED BUSINESS pgs 67-68 A. Approve the Recommended Increase in Wages to Exempt Personnel Based on the Wage and Compensation Study (Transmittal, Chart) 14. NEW BUSINESS pgs 69-71 A. Approve the Hiring of an Outside Consultant for the City Attorney Recruitment Process (Transmittal, Code Sec. 2-10(d)(4) 15. CITY ATTORNEY MATTERS il«�411 �l IR 18. CITY COUNCIL MATTERS A. Council Member Dixon B. Council Member Dodd C. Council Member McPartlan D. Mayor Jones E. Vice Mayor Nunn 19. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECL4L ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTL4N.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/82320192656 Or One tap mobile: US: +13052241968„82320192656# or +19294362866„82320192656# 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 +1 646 931 3860 or +1 346 248 7799 or +1 360 209 5623 or +1 386 347 5053 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 +1253 205 0468 or +1 253 215 8782 Webinar ID: 823 2019 2656 International numbers available: https://us02web.zoom.us/u/kdnB2cQkc8 3 of 71 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 headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. 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. 4 of 71 mcf FIX I OT imam HOME OF PELICAN[ ISLAND CITY COUNCIL WORKSHOP Council Meeting Date: January 25, 2023 Agenda Item Title: Graves Brothers Company Draft Annexation Agreement Background: In accordance with Florida Statute 171.044, Voluntary Annexation and the City of Sebastian Comprehensive Plan; the property owners, Grave Brothers Company, have requested a voluntary annexation into the City of Sebastian. The subject property consist of 2044.3 acres, more or less, located south of the north boundary of County Road 510 ROW, west of lands adjacent to the 74"' Ave ROW, north of 69"' Street ROW, and east of 90"' Ave ROW. The subject property is currently vacant agricultural land in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development lies adjacent to and contiguous with the service boundary for municipal services and applicant has provided a Public Facilities Statement, A Draft Annexation Agreement (Agreement) attached, has been negotiated between the City of Sebastian and Graves Brothers Company, the property owner. The Agreement will be presented for adoption under Resolution R-23-03. Adoption of 0-22-07 shall be subject to approval of R-23-03 and execution by all parties of the Annexation Agreement. The applicant has requested a Mixed Use (MU) land use designation consistent with the City's adopted Comprehensive Plan 2040. A Mixed Use land use was recommended by the Treasure Coast Regional Planning Council (TCRPC), the Florida Department of Economic Opportunity (FDEO), the City's Land Planning Agency and local stakeholders. This land use was adopted by the City Council in order to achieve a balance within the growing community by providing the opportunity for future development that would lessen impacts on the City Center and existing infrastructure. A mix of land uses within a designated development provides area for economic centers for job growth and commerce, and generally includes a mix of higher density to increase affordability and improve accessibility. The applicant does not have a proposed development plan for the subject property at this time. Additional information regarding the future use of the property will be presented during the zoning amendment and land development process. However, language has been included within the Agreement, and subsequent Comprehensive Plan text amendment, which ensures that a coordinated, compatible mix of uses is part of the master planned design. Specifically, Paragraph 3.l(b)(1) and (2) of the Agreement sets the limiting factors that will control density on the property without limiting the ability to achieve a Mixed Use development. A range of residential and non- residential land uses is encouraged in order to achieve this goal. Additionally, a range of residential housing is encouraged in order to achieve the mix of housing required for affordability and accessibility within a mixed use development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5 units/acre; and 20% Very Low Density up to 3 units/acre. This variety of housing choices shall include "at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing." "Mixed Use (MU) Development. The Real Property shall be Developed Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida Statues at the time of Development as determined by the City, and in no event will the Real Property Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other requirements of this Agreement. The purpose of the 5 of 71 Mixed Use designation is to provide a mixture of Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and encourage town centers along major arterial corridors. The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre parcels. A range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of non-residential Land Use categories with a range of 20% -40%. During the PUD process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD parcel or outside to other PUDs within the Real Property provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non- residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real Property shall be the allowable destiny per the limiting factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1." Attachment: Annexation Agreement Administrative Services Department Re City Attorney Review: Procurement Division Rev eif appl able: f / City Manager uthorization: Date: ..� 6 of 71 THIS INSTRUMENT RETURNS TO: Jeanette Williams, MMC, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 THIS INSTRUMENT PREPARED BY: Paul R. Gougelman, III, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd. - 19th Floor Ft. Lauderdale, FL 33301 Property Appraiser's Identification # 31-38-36-000001-0000000-7.0 31-38-36-000001-000000-10.0 31-38-36-000007-0000000-1.0 31-38-36-000007-0000000-2.0 31-38-36-000003-0000000-1.0 31-38-36-000003-0000000-2.0 31-38-36-000003-0000000-3.0 31-38-36-000003-0000000-4.0 31-38-36-000005-0000000-1.0 31-38-36-000005-0000000-2.0 31-38-36-000005-0000000-3.0 31-38-36-000007-0000000-3.0 31-38-36-000007-0000000-4.0 32-38-01-000001-0000000-1.0 32-38-01-000001-0000000-3.0 32-38-01-000003-0000000-4.0 32-38-01-000005-0000000-3.0 32-38-01-000005-0000000-4.0 32-38-01-000007-0000000-1.0 32-38-01-000007-0000000-3.0 32-38-01-000001-0000000-2.0 32-38-01-000005-0000000-2.0 31-38-36-000001-0000000-7.0 31-38-36-000001-000000-10.0 31-38-36-000003-0000000-2.0 31-38-36-000003-0000000-3.0 31-38-36-000003-0000000-4.0 Manny Anon, Jr., City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 31-38-35-000003-0000000-2.0 31-38-35-000001-0000000-1.0 31-38-35-000001-0000000-2.0 31-38-36-000005-0000000-2.0 32-38-02-000003-0000000-1.0 32-38-02-000005-0000000-5.0 31-38-35-000005-0000000-3.0 31-38-35-000007-0000000-3.0 31-38-35-000007-0000000-3.1 32-38-02-000001-0000000-1.0 32-38-02-000001-0000000-2.0 32-38-02-000007-0000000-2.0 32-38-02-000007-0000000-3.0 31-38-35-000003-0000000-1.0 31-38-35-000005-0000000-1.0 31-38-35-000007-0000000-1.0 31-38-35-000007-0000000-4.0 31-38-35-000007-0000000-2.0 32-38-01-000003-0000000-1.0 32-38-01-000007-0000000-1.0 32-38-01-000005-0000000-1.0 32-38-01-000007-0000000-2.0 32-38-01-000003-0000000-2.0 32-38-01-000003-0000000-3.0 31-38-36-000007-0000000-3.0 31-38-36-000007-0000000-2.0 31-38-36-000005-0000000-1.0 Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 7 of 71 ANNEXATION AGREEMENT FOR GRAVES BROTHERS COMPANY THIS AGREEMENT is made and entered into this day of , 2022, by Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958. RECITALS: WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for voluntary annexation of the Real Property; and WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real property; and WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the parties hereto desire to enter into this Annexation Agreement; and WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers pursuant to Article VIII, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of State, State of Florida, which corporate charter and standing with the State of Florida is current, active, and in good standing, as a Florida for -profit corporation; and WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the execution of this Agreement; and WHEREAS, at the time of execution of this un-amended, base document Agreement, Graves Brothers Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property") located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property into the municipal boundaries of the City; and WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the City, and will not result in the creation of enclaves; and Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 2 8 of 71 WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real Property in order to achieve the Development of the Real Property permitted under Article III of this Agreement and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and WHEREAS, this Agreement has been found to be consistent with the City's Comprehensive Plan and amendments pending adoption thereto; and WHEREAS, on December 14, 2022, the City Council of the City of Sebastian adopted Ordinance No. 0-22-07 approving this Agreement and directing the City Manager to execute this Agreement as provided in Section 3.04(g) of the Charter of the City of Sebastian; and WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this Agreement; and WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement. NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other valuable considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is hereby acknowledged, the parties desiring to be legally bound hereby agree as follows: ARTICLE I RECITALS; DEFINITIONS Section 1.1. Recitals; Prooerties Subiect to Agreement. The Real Property shall be held, transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of the foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are incorporated herein. Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set forth below are defined as follows: (a) "Affordable Housing" as defined by the Federal Department of Housing and Urban Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents the percentage of the median adjusted gross annual income for the households. (b) "Agreement" means and refers to this Annexation Agreement and as the same may be amended from time to time. (c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation. (d) "Commercial Use" means the portions of the Real Property intended to be Developed with professional Office or retail Commercial Development. There may be one or more Commercial Parcels which are predominantly connected with the sale, rental and distribution of products, or performance of services. (e) "Compatibility" or "Compatible" is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other. Some elements affecting compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic, circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 3 9 of 71 Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in maintaining the character of existing Development. (f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater Management System, and transportation) be provided for, by an entity to an adopted Level of Service. (g) "Conservation" refers to environmentally sensitive areas that reserves and restricts Development on those lands in order to protect the environmentally sensitive lands. (h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of Development permitted by such order or regulation are Compatible with and substantially further the , policies, Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the comprehensive plan, and if it meets all other criteria enumerated by the City, including the Land Development Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla. Stat. (i) "County" means and refers to Indian River County, a political subdivision of the State of Florida 0) "Density" is used as a measurement of the number of Dwelling Units per gross acre of land. (k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property. (1) "Development" or to "Develop" means and is defined as set forth in Sections 163.3164 and 380.04, Florida Statutes, as amended or superseded from time to time, which is set forth below. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or extension of the use of land, are all activities included within the terms "Development" or to "Develop." The term "Development or to "Develop" includes redevelopment. The term "Development" or to "Develop" shall include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed or dedicated to the public or to a governmental entity. "Development' shall be the planned or actual act of placing Development on the land, consistent with City Code and Florida Statutes. (m) "Development Order" means any order granting, denying, or granting with conditions an application for a Development Permit. See §163.3164, Fla. Stat. (n) "Development Permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the Development of land. See §163.3164, Fla. Stat. (o) "Dwelling Unit' is a room or group of rooms forming a single independent habitable unit used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 4 10 of 71 (p) "Final Development Order" means the issuance of a Development Order for a Site Plan or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In certain cases as specifically noted throughout this Agreement, a Final Development Order may mean a building permit to commence construction of a structure or building. (q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which represents the gross floor area of all buildings, structures, or similar as compared to the total area of the property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor area of all floors in structures and the denominator of which is the square footage of the property. The ratio is measured in square feet to the area of a Tract land, excluding any bonus or transferred floor area. (r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater control, but also exhibit social, economic and environmental benefits. (s) "Impact Fee" means a fee levied by the City, or other governmental entity, on new Development so that the new Development pays its proportionate share of the cost of new or expanded Public Facilities required to service that Development. (t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels. (u) "Heavy Industrial Land Use" or "Heavy Industrial Use" refers to an Industrial property subtype in which the property is occupied by one or more tenants and the property is utilized for heavy industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses, all of which Heavy Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land Development Code of the City of Sebastian. (v) "Infrastructure" means and refers to those man-made structures which serve the common needs of the population, such as: Wastewater or sewage, Stormwater, or Wastewater treatment or disposal systems; potable or reuse water systems; potable water wells serving a system; solid waste disposal sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways. (w) "Institutional Land Use" means the portions of the Real Property intended to be Developed with facilities providing a government or public service, recreation, certain Infrastructure Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more Institutional Parcels. (x) "Land Development Codes" means ordinances or resolutions enacted by the City Council for the regulation of any aspect of Development and includes any local government zoning, rezoning, subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the Development of land. See Land Development Regulation, §163.3164, Florida Statutes. (y) "Land Use" means the Development that has occurred on the Real Property, the Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the land under the then currently effective comprehensive plan or element or portion thereof, or the Land Development Code, as the context may indicate. (z) "Level of Service" means and refers to an indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 5 11 of 71 (aa) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum zoning and Land Development Code requirements, in existence at the time of Platting or Development, for use, coverage and area, and to provide such yards and other Open Spaces. (bb) "Low Impact Design" means systems and practices that use or mimic natural processes through incremental treatment of Stormwater runoff that result in the infiltration, evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat. (cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the Real Property and locating development area, spine roads, and assigning intensity and/or density to the development area. (dd) "Manufactured Housing" means a Mobile Home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. (ee) "Mixed -Use Development" means and refers to a type of Development that combines a mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a Mixed -Use Development may encourage town centers along major arterial transportation corridors. (ff) "Mobile Home" means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. (gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked vertically above one another and/or attached by side or rear walls. (hh) "Open Space(s)" means and refers to lands suitable for passive recreation, Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. (ii) "Owner" means and refers to Graves Brothers Company, a Florida Corporation, organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property, less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer. (jj) "Planned Unit Development" or "(PUD)" is a form of Development recognized from time to time within the City's Land Development Code as a specific implementing zoning district and which creates a Planned Development. Development that is designed as a unit, and which shall include only one or a mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common Open Space, recreation areas or other amenities. Requirements include submission and review of Site Plans as part of the zoning or rezoning to a PUD zoning district. (kk) "Planned Development" is land that is under unified control and planned and Developed as a whole in a single development operation or a definitely programmed series of Development operations. A Planned Development includes principal and accessory structures and uses substantially related to the character and purposes of the Planned Development. A Planned Development is constructed according to comprehensive and detailed plans which include not only streets, Utilities, Lots or building sites and the like, but also Site Plans and floor plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 6 12 of 71 (II) "Parcels" means any contiguous quantity of land capable of being described such that its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to be used or developed as a unit, or that has been used or developed as a unit. (mm) "Plat" shall be defined as a map or delineated representation of the subdivision of land or lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and City subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term "plat" shall include a replat. See §177.031, Fla. Stat. (nn) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including, rights -of -way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems. (oo) "Real Property" means and refers to all such existing real property as described in Exhibits 1A & 1B, attached hereto and by this reference incorporated herein. To the extent that the written metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written metes and bounds legal description in interpreting the description of the Real Property. (pp) "Residential Land Use" or "Residential" means the portions of the Real Property intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels. (qq) "Recreation Facility" means a component of a recreation site used by the public such as a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an indoor or outdoor setting. (rr) "Right of Way" means and refers to land in which the state, a county, a municipality or a special or improvement district, holds the fee simple title or has an easement, or dedicated rights of use, required for a public use. (ss) "Single Family Dwelling Units" means a structure containing a residential single family Dwelling Unit occupying the building from ground to roof. (tt) "Site Plan" means an illustrated proposal for the Development or use of a particular piece of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set forth in City's Land Development Codes, as amended from time to time. The Site Plan regulations applicable to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of the Site Plan by the City. (uu) "Stormwater" means and refers to the flow of water which results from and which occurs immediately after a rainfall event. (vv) "Stormwater Management System" means and refers to a feature or facility which collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best Management Practices (BMP). (ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power, Stormwater drainage, and cable television. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 7 13 of 71 (xx) "Wastewater" means the spent water of the community comprising the liquid and water - carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with minor quantities of ground and surface waters that are not admitted intentionally. ARTICLE II ANNEXATION Section 2.1. Petition to Annex. (a) The Owner has voluntarily submitted to the City a formal and revised Petition or request for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed by all of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has been filed with the City in compliance with any and all applicable requirements of law, including, but not limited to, Chapter 171, Florida Statutes. (b) This sub -section of the Agreement represents and includes findings by the Owner and the City that: (1) A substantial portion of the boundary of the Real Property is substantially contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida Statutes; (2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and (3) The Real Property is ideally suited for annexation into the City due to its proximity to the City and adjacent transportation corridors and Public Facilities; and (4) The annexation will yield substantial benefits to the Owner, the City, and to the Real Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of natural habitats, Open Space, and increased employment opportunities. (c) The Annexation petition to annex a portion of the Real Property may be withdrawn by the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby terminated as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement with regard to its application to that portion of the Real Property. However, no application fees or other type of fee or charge paid to the City or any other governmental entity, or obligated to be paid to the City or other governmental entity shall be refunded, and the City shall be released form any liability for the release of the obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this Agreement. Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof, the Owner understands and agrees that the City makes no representation as to the suitability or legal appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based upon any specific conditions, except as otherwise set forth herein. Section 2.3. Cooaeration. The Owner agrees to cooperate in the process of annexing the Real Property, based on any time schedule, all as may be required by the City in its sole and absolute discretion, Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 8 14 of 71 subject always to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner of its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real or a portion of the Property. Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or any successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the Real Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating to contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorneys and paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein, the term "defense" shall include any counter -claims, appeals, or cross -appeals. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice. ARTICLE III DEVELOPMENT OF THE PROPERTY Section 3.1.' Development Plan. (a) Future Development Planning. (1) As of the Effective Date of the original, un-amended Annexation Agreement, there is no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum standards in this Agreement shall guide and bind the Development of the Real Property. (2) The Owner and the City agree that due to the size of the Real Property and its location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real Property shall consist of a well -planned, sustainable and integrated system of Land Use; consistent with Future Land Use Map (FLUM) and City Ordinance 0-22-13, [see Section (b)(2) a. through m., supra] containing a mix of Residential and non-residential uses. (b) Comprehensive Plan Land Use Desianation. The City has taken action to designate the Real Property on the Future Land Use Map (FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use Element. (1) Mixed Use (MU) Development. The Real Property shall be Developed Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida Statues at the time of Development as determined by the City, and in no event will the Real Property Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and encourage town centers along major arterial corridors. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 9 15 of 71 The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre parcels. A range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD parcel or outside to other PUDs within the Real Property provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non-residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real Property shall be the allowable destiny per the limiting factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6 FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open Space requirement for the Industrial and Commercial Uses. (2) Comprehensive Plan Reauirements. The City has approved Ordinance 0-22-13 as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the Real Property. These principles shall further guide and bind Development of the Real Property under the Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and consents to the site specific policy as set forth below which is the policy in effect at the time of consummation of this Agreement in its original, un-amended form, which is set forth below. a. Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the City's Land Development Code, as amended, or superseded, from time to time. b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a variety of housing choices including at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing. C. Provision for future dedication of Right of Way, at the time of Development, to the extent required for the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to promote an interconnected, extended and improved grid road system, along with a well -planned transportation system of roads and streets throughout the Real Property (Development), in coordination with the County, to specifically include 84t' Avenue, 815` Street, 77t' Street, and 73"d Street, as well as 74'h Avenue. d. Provision shall be made on the Real Property for a mixed -use "Town Center" area including an active street frontage or context sensitive street design, compatibility of central theme or design character, and a comprehensive transportation network that promotes walkability thru compact Development and proximity of structures, reduces auto dependence, and connects to state and local transportation corridors. e. To the extent required for and at the time of the Development, future dedication and donation of Institutional parcels may be required as necessary for governmental services such as post offices, public safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances at the time of development. f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive Plan Mixed Use Land Use. CL_ To the extent required for and at the time of the Development, future dedication or conveyance of Conservation lands to the appropriate entity to include any natural areas of significant Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 10 16 of71 importance, and the provision of greenway trails to promote a system of connectivity and access consistent with the City's Comprehensive Plan and Land Development Codes. h. To the extent required for and at the time of the Development, dedication of City Park and recreational lands above what will be required in the individual residential subdivision developments. Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required aggregate open space required for the Real Property; i_ Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with existing City Land Development Codes. L As a condition of future Development of the Real Property, the Owner shall provide sufficient land area for Public Facility Infrastructure required to support the Development and mandate hook- up to central potable water and wastewater systems for all new Developments on the Real Property prior to receiving final Development Orders. Therefore, the proposed development of any portion of the Real Property must provide municipal water, municipal sewer/wastewater systems reclaim water systems and Stormwater Management Systems, as a condition of Development. These services may be provided by the County however no septic systems or wells for individual potable water are allowed in accordance with City policy and land development codes. k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre Parcels as part of an overall Planned Development project using the PUD zoning district and process, and promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities including Low Impact Design and Best Management Practices. 1_ The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross acreage and 60-80 percent residential gross acreage, and must provide for the required Open Space requirements and be in compliance with the Land Development code. M. The Real Property Development shall have a minimum aggregate total of 50% Open Space for Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2-5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals), wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant, Right of Way, schools, fire station or police station. (c) Any residuary amount of the Real Property remaining after the PUD Development Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties shall be submitted for Development and specific Land Development consistent with the adjoining property. (d) Consistencv with Comprehensive Plan. The parties agree that as required by Florida law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it exists at the time of issuance of a Final Development Order for the particular Development that is the subject of the Final Development Order. See §163.3194, Fla. Stat. (e) Mobile Homes and Manufactured Housing. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 11 17 of 71 (1) Notwithstanding other provisions in this Agreement, Mobile Homes with or without essentially flat roofs may be located on any parcel of the Real Property for not more than 780 consecutive days in any four non -calendar year period solely for purposes of use as a building construction office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real Property. (2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof height, bulk, and mass must appear structural even when the design is nonstructural. The following requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have a minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35 percent of floor area under roof; and (4) Flat roofs shall be located at the rear of the building out of view from the public right-of-way. (3) In the event of a hurricane or other major weather disaster in which the City determines that single-family or multi -family Residential housing on the Real Property or in the City is destroyed or substantially not habitable, the City may unilateral authorize the temporary placement of Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately and promptly removed at other than City expense. Section 3.2. Commercial Development. (a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure availability of sites that accommodate the varied site and spatial requirements for such activities as: professional and business Offices, Commercial activities, employment generating businesses and general retail sales and services. In doing so, the City shall promote the image and function of the urban core which is the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a transitional use separating more intensive Commercial uses from Residential Development in order to create a tiered Development strategy. Office Development and limited Commercial activities (neighborhood serving) may also be suitable and locate along the outer fringe of the urban core where such Development may encourage reinvestment in declining Residential areas surrounding the urban core. Residential Development as permitted by Section 166.04151(6), Florida Statutes, as amended or superseded from time to time shall also be permitted. (b) Heiaht; Intensitv. The Owner/Developer agrees that a maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Codes in effect at the time of the issuance of a Final Development Order; subject always to the provisions of the Land Development Codes in effect at the time of the issuance of a Final Development Order. The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive degrees of higher intensity: (1) Neighborhood level Commercial activities are defined in the City's Land Development Codes from time to time as including retail and office activities that service Residential neighborhoods. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 12 18 of 71 (2) Limited Commercial Land Use designation is to consist of sites intended to accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited Commercial activities and personal services shall include establishments catering to the following markets: a. Neighborhood Residential markets within the immediate vicinity as opposed to county -wide or regional markets; or b. Specialized markets with customized market demands. (3) General Commercial Land Use designation is to accommodate general retail sales and services; highway oriented sales and services; and other general Commercial activities defined in the Land Development Codes. General Commercial designations are located in highly accessible areas, adjacent to major arterials. (c) Plattina: Subdivision. Prior to commencement of construction, the Owner/Developer agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and expense of the Developer subject to the Land Development Codes in effect at the time of the issuance of a Final Development Order. Section 3.3 Residential Development. (a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City. Residential Development shall be planned and designed to create and perpetuate stable Residential neighborhoods and implement the policies stipulated in the City Comprehensive Land Use Plan. Accessory uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including guest houses or ADU's, garages, in keeping with the residential character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land Development Codes in effect at the time of issuance of a Final Development Order for a building permit. (b) Density: Residential Development Standards. The Owner/Developer agrees that Development on the Residential property shall meet the following standards: (1) Areas designated as "Very Low Density" shall accommodate up to three (3) dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual lots; (2) Areas designated as "Low Density" shall accommodate a maximum Density of up to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached homes on individual lots and attached residential homes; (3) Areas designated as "Medium Density" shall accommodate a mixture of single- family (detached and attached) residential housing, multi- family residential housing, and Compatible civic uses and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross acre. The Density of uses within this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions, buffers, and Compatibility. (4) Density on Residential property may be clustered or transferred from Residential property to Residential property or Commercial property; provided, that the requirements of this Agreement are not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain areas of the Real Property. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 13 19 of 71 (c) Affordable Housinq. The Owner/Developer is encouraged to coordinate with non-profit legal entities to further expand opportunities for Affordable Housing. (d) Platting: Subdivision. Prior to commencement of construction, any Subdivision of the Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's Land Development Codes in effect at the time of Subdivision. Section 3.4. Industrial Land use Development. (a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and job growth. The locations for IND and HI should be located with convenient access to major transportation routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural resources, and Protected Species. (1) Industrial (IND) - Land Use designation provides for limited manufacturing and industrial uses which minimize the potential for any adverse impacts upon nearby properties which include: Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling activities; general commercial activities; aviation related industry, services and facilities; support services such as night watchmen or custodian residential accessory uses; and other similar land uses which shall be regulated through appropriate zoning procedures. (2) Heavv Industrial (HI) - Land Uses are subject to additional protective measures through appropriate zoning procedures. The City will establish separate HI district location criteria and performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including: sites which require large surface area, bulk storage facilities, logistic centers/ terminals; distribution centers; warehousing, manufacturing and processing; green technologies and wholesale recycling operations; and support services such as night watchmen or custodian residential accessory uses. (b) Heictht; Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Codes in effect at the time of the issuance of a Final Development Order. Subject always to the provisions of the Land Development Codes in effect at the time of the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity of Industrial Use shall not exceed a 0.5 Floor Area Ratio within its Zoning District. (c) Locational Standards. (1) Industrial sites shall generally be allocated in areas accessible to arterial roads, rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial Land Use areas shall also be located near existing Compatible Land Use, separated from Residential Tracts and Institutional Tracts. Where new industrial Tracts are adjacent to environmentally sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques shall be used to ensure protection of such lands and resources from industrial Development. The City shall encourage industries that contribute to the City's and local economies of the Treasure Coast and Space Coast. The City shall also encourage green industries (such as recycling facilities) that minimize potentially negative regional impact to the environment. (2) The allocation of land resources for industrial Development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the following considerations: Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 14 20 of 71 i. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; ii. Anticipated employment generation, floor area requirements, and market area; iii. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by-products; iv. Impact on established as well as anticipated future Development and natural systems; and V. Impact on existing and planned public services, Utilities, water resources, and energy resources. (3) The City shall prevent nuisance impacts frequently associated with Industrial activities by maintaining performance standards in the Land Development Codes for managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare. (4) In addition to the performance standards identified above, the City shall establish performance standards in the LDC as it pertains to both Industrial and Heavy Industrial districts which at a minimum address, but are not limited to, the following: i. Allowable uses; ii. Land Use Compatibility, buffering and landscaping; iii. Access points, traffic controls, and parking; iv. Signage; V. Gross floor area, impervious surface ratios; vi. Open space; vii. Character of an area; viii. Locational factors; ix. Environmental impacts; and X. Secondary containment and open air storage facilities. (d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Code, in effect at the time of the issuance of a Final Development Order. Section 3.5. Institutional Land Use Development. (a) Uses. The Institutional Land Use designation is intended to accommodate existing public and semi-public services including: governmental administration buildings; public schools, not -for -profit educational institutions and charter schools; hospital facilities and supportive health care units; arts and cultural or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation facilities; public and private parks and recreation areas; and Utilities. (b) Heiaht: Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of necessary public and semi- public services and Utilities shall be closely coordinated with Development activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City shall maintain and enforce appropriate standards and specifications for the design and construction of public Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 15 21 of 71 and semi-public services in order to promote cost effectiveness and quality control consistent with all applicable federal, state, regional, and local standards. (c) Transmission. Distribution Svstem. To the extent required by the Development and at the time of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be responsible at its sole cost and expense for the installation of, connection to, or disconnection from, pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County reuse pipes, tees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities") and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be capable of operation and maintenance for a term of years as required at the time of installation by the County. Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be Developed by the City in consultation with the County. (d) Over-sizina of Utilitv Public Facilities. The City or the County shall have the right to require, and the Owner/Developer accepts the responsibility of providing and maintaining, all at its expense, oversized Utility Public Facilities, including but not limited to potable water, Wastewater Treatment, Stormwater Management System, and water reuse, all to serve additional properties on -site or off -site of the Real Property; provided that a mutually agreeable cost recovery system can be put in place to reimburse the Owner/Developer for the over -sizing of the Utility Public Facilities. (e) Plattina. Subdivision. Prior to commencement of construction, Lots, Tracts, or Parcels of the Real Property within any Institutional Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Codes in effect at the time of the issuance of a Final Development Order. Section 3.6. Reservations or Dedications of Land for Public Purposes. (a) Reservation or Dedications. Except as otherwise set forth below, reservations or dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's or County's Land Development Codes, as applicable, effective at the time of Site Plan approval for a given portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater Management Systems, water and sewer lines and lift stations and other Infrastructure, to the City, County, or other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages, liens, and encumbrances and shall only be required by and at the time of Development. (b) Roadways: Public Riahts of Way. (1) To the extent required for the Development and at the time of Development, the Real Property Development area will include connections to County Road 510, 82"d Avenue, and 69t' Street right of way and roadways shall be Developed as permitted and consistent with Chapter 14-97, Florida Administrative Code. (2) To the extent required for the Development, the aforementioned connections to County Road 510, 82nd Avenue, 69th Street, the existing City and area road network, will all be made at time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County, the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other appropriate governmental entity. (3) The City acknowledges its intention, in good faith, to: Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 16 22 of 71 i. Coordinate the pro-rata funding of interchange, bridge crossings, or roadways with the Developers or owners of adjacent land, when such land is benefited by those improvements; and ii. Implement, when possible and agreeable with other land Developers or owners a "cost recovery" program for Utilities under the County's or the City's operation and control. (c) Nothing in this Agreement shall prevent the Owner, its heirs, successors, and assigns from receiving impact fee credits or other compensation for any conveyance of land or for any provision of public infrastructure to the City, County, or other local government entity to the extent such conveyance of land or provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in the future. ARTICLE IV ENFORCED DELAY. DEFAULT. REMEDIES AND TERMINATION Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any party to this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall enforce this Agreement as provided in Section 5.3. Section 4.2. Institution of Legal Action. In addition to any other rights or remedies, any parry hereto, or their successors and assigns, may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to recover damages for any default; or to obtain any remedies consistent with the purpose of this Agreement. This Agreement and each provision hereof section shall not be interpreted as a pledge of ad valorem tax or other revenues. Parties to this Agreement, and their successors, heirs, and assigns, shall enforce this Agreement as provided in Section 5.3. Section 4.3. Enforcement by anv Partv to this Agreement. (a) Notice of Default: Right to Cure. In the event of default by any party to this Agreement, or said party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or conditions, the parry alleging such default or breach shall give the breaching party not less than sixty (60) days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 7.5. The time of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of the alleged default, and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period for curing the default, the party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist, and the noticing party shall take no further action. (b) Option to Institute Legal Proceedings. After proper notice and the expiration of said period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the default has not been cured. (c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 17 23 of 71 (d) Violation. In the event of violation of this Agreement by the Owner, the Developer, or any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building permits, Final Development Orders, or certificates of occupancy or certificates of completion, all as the case may be, limited as to that phase of Development, or Plat of that phase of the Development where the violation is applicable, all until such time and event as all such violation(s) are corrected and that phase of Development of the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions, and the Land Development Code. The City shall be required to notice the violator with a notice of the nature of the violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final Development Orders, or certificates of occupancy or certificates of completion relating to the phase of Development and not to the violation itself. The City is authorized by this Agreement to use any form of code enforcement to assure conformance with this Agreement. ARTICLE V ENCUMBRANCES AND RELEASES ON REAL PROPERTY Section 5.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering the Real Property or any portion of any improvement thereon by any mortgage or other security device securing financing with respect to the same; provided, that said mortgage or other security device shall be released or satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City or an incorporated property owner's, homeowner's or condominium association. The City acknowledges that the lenders' providing such financing may require certain modifications and the City agrees, upon request, from time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate in good faith any such request for modification; provided, that this Agreement shall not require the City's acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security instrument shall be entitled to the rights and privileges set forth in this article. Section 5.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which individual, successor or assign, has requested in writing to the City, shall be entitled to receive written notification from the City of any default by Owner or a Developer in the performance of said individual's obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City. Section 5.3. ProDerty Subject to Pro Rata Claims. Any mortgagee or holder of a security interest who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or any part thereof, subject to this Agreement and to any pro rata claims for payments or charges by the City against the Real Property, or any part thereof, secured by such mortgage or other security device which accrued prior to the time such mortgage or holder of a security interest comes into possession of the Real Property or part thereof. Section 5.4. Release. The City hereby covenants and agrees that upon payment of all fees required under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations relating thereto (including completion of performance of continuing obligations), by the Owner upon request by the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate release(s) of further obligations as to a particular and affected portion of the Real Property in form and substance acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that the foregoing provision shall not require the City to release any provision of this Agreement from use, density, Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated upon the termination or release of this Agreement with regard to any portion of the Real Property. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 18 24 of 71 ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1. Drafters of Agreement. The Owner, for itself, or their heirs, successors, and any Developers, and the City, each were represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. Should any action be brought in any court of competent jurisdiction by any of the parties to this Agreement, including the Owner or a Developer, or its of their respective successors, assigns, or heirs, each party shall bear its own attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation decision. Section 6.2. Covenants Runnina With the Land. It is the intention of the Owner of the Real Property and the City, that this Agreement shall constitute covenants running with the land and with title to the Real Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement shall bind and the benefits of this Agreement shall inure to, the parties hereto and all successors in interest to the parties to this Agreement. Such covenants shall expire upon termination of this Agreement. Section 6.3. Convevance. The Owner shall give to the City written notice at least sixty (60) days prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of at least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real Property to the City shall constitute the sale, assignment or transfer of a portion of the Real Property. Section 6.4. Indemnification. The Owner and its successors in interest in ownership of any portion of the Real Property ("Subsequent Owners"), shall jointly indemnify, defend and hold harmless the City, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Owner or Subsequent Owners in the performance of this Agreement; regardless of the negligence of its indemnitee, officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City indemnitee or its officers, directors, agents or employees. Upon request of the City, the Owner or Subsequent Owners, indemnitees, jointly and severally, shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified above, and the Owner or Subsequent Owners jointly and severally, indemnitees, shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. The Owner or Subsequent Owners shall jointly and severally hold harmless and indemnify the City for all costs, attorneys' fees and paralegal fees incurred by the City in defending itself in any action by a third party challenging the validity of this Agreement or the City's liability for actions or omissions to act of the Owner or Subsequent Owners relating to Development of the Real Property; provided, said actions or omissions did not occur because of orders made specifically to the Owner or Subsequent Owners. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. As part of the indemnification, the City shall have its choice of its legal counsel for representation. Nothing in this agreement shall be construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive the termination of this agreement. Section 6.5. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid, return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows: Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 19 25 of 71 CITY: City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 With a copy to: City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 OWNER: Jeff Bass, President Graves Brothers Company 2770 Indian River Blvd. — Suite 201 Vero Beach, FL 32960-4230 Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or addressee. Section 6.6. Applicability of Ordinances and Resolutions of Citv to Agreement. (a) The ordinances, resolutions, and Land Development Code of the City, as amended from time to time, governing the Development of the Real Property shall continue to govern the Development of the Real Property, except as otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a portion of the Real Property, all then existing codes shall become applicable to the Development of the Real Property. Except as otherwise specifically set forth herein, no fee (including the existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement. (b) In the event that state or federal laws are enacted after the approval, effectiveness, or execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as a result of such modifications. Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a Final Development Order applicable to a portion of the Real Property, the specific provision herein shall prevail. Use of the term "Owner" or "Developer" means and refers to the Owner and/or the Developer, their successors, heirs, assigns, of any portion of or all of the Real Property. Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by mutual consent of the parties. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 20 26 of 71 Section 6.9. Entire Aareement. Waivers. and Amendments. (a) This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder. (b) All amendments hereto must be in writing signed by the appropriate authorities in a form suitable for recording in the Public Records of Indian River County. (c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement, or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida, Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto, shall be returned to the City for filing in its records to be kept with the City Clerk. Section 6.10. Interpretation: Venue. (a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the 19t' judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from time to time. (b) This section shall survive the termination of all or part of this Agreement. Section 6.11. Termination of Previous Annexation Aqreement: Previous Understandings. (a) The Annexation Agreement between the Owner and the City recorded on August 29, 2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the same is hereby terminated. (b) All previous understandings, whether oral or in writing prior to the Effective Date of this Agreement, be and the same are hereby declared to be of no effect. Section 6.12. Effective Date: Duration of Aqreement. (a) The Effective Date shall be the date upon which this Agreement has approved and executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian River County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon which said amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida. Sebastian/Annexation 15.Agt Final Draft Clean 01 /19/2023 21 27 of 71 NOTHING FURTHER********... ... .............t IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Signed, sealed and delivered In the presence of: Sign: Print Name: Address: Sign: Print Name: Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER OWNER: GRAVES BROTHERS COMPANY, a Florida Corporation By: Jeff E. Bass, its President Address: 2770 Indian River Blvd. — Suite 201, Vero Beach, FL 32960-4230 (CORPORATE SEAL) SS: The foregoing instrument was acknowledged before me by means of _ physical presence or _ online notarization, this day of , 2022, by Jeff E. Bass, as President of Graves Brothers Company, a Florida Corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Sebastian/Annexation 15.Agt Final Draft Clean Notary Public State of Florida at Large My Commission Expires: Print Name: 01 /19/2023 22 28 of 71 Sign Print Name: Address: Sign Print Name: Address: ATTEST: Jeanette Williams, MMC City Clerk STATE OF FLORIDA ) SS: COUNTY OF INDIAN RIVER ) CITY: CITY OF SEBASTIAN, a Florida Municipal Corporation By: Paul E. Carlisle, its City Manager Address: 1225 Main Street Sebastian, FL 32958 (CITY SEAL) The foregoing instrument was acknowledged before me by means of physical presence, or _ online notarization, this _ day of , 2022, by Paul E. Carlisle, as City Manager of the City of Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Sebastian/Annexation 15.Agt Final Draft Clean Notary Public State of Florida at Large My Commission Expires: Print Name: 01 /19/2023 23 29 of 71 an.r E HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 11, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. Pastor Dennis Trahan from the Bible Baptist Church of Sebastian gave the invocation. 3. Council Member McPartlan 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 Community Development Director Lisa Frazier Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer/Public Works Director Karen Miller Golf Pro Greg Gardner Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS A. City Attorney Presentation 23.001 i. Florida Government in the Sunshine The City Attorney gave an extensive PowerPoint presentation on Government in the Sunshine, quasi-judicial meeting procedures, and the Sebastian Charter. (See attached) 30 of 71 Regular City Council Meeting January 11, 2023 Page 2 Mayor Jones called for a recess at 6:52 p.m. and upon return at 6:59 p.m., all members were present. BriefAnnouncements: January 16 — City Hall Closed in Observance of Martin Luther King Day January 14 - Craft Club of Sebastian at Riverview Park —10am — 3pm Fellsmere Frog Leg Festival - 22 S Orange St, Fellsmere: Thursday, January 19from 4-11pm Friday, January 20 from 4-11 pm Saturday, January 21 from 10am-11pm Sunday, January 22 from 11 am-6pm Sebastian Fine Art & Music Festival — Riverview Park - January 21 & 22 Vice Mayor Nunn announced the upcoming events and included the Sebastian River High School Marching Sharks would be in the Martin Luther King Day Parade on Monday at 10:00 a.m. in Gifford. 7. PUBLIC INPUT - None 8. CONSENT AGENDA A. Approval of Minutes — December 14, 2022 Regular City Council Meeting 23.002 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) 23.003 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 Vice Mayor Nunn asked to pull Item B. MOTION by Council Member Dodd and SECOND by Council Member McPartlan, items A and C were approved with a unanimous voice vote. (5-0) Item B - the Purchase of Two Skvdio Autonomous Drones Vice Mayor Nunn asked for an explanation of how the drones would be used for the benefit of the public. The Police Chief described how the drones are portable and easily deployed in rugged environments and would provide immediate situation awareness for officers responding 31 of 71 Regular City Council Meeting January 11, 2023 Page 3 to calls for assistance. One drone pilot can provide a four corner observation of an area, aid in search and rescue operations and provide surveillance for large events such as parades. He described that having a drone observe the recent event where a boater was shooting at other fishermen in the dark, it would have been a lot safer for the responding officers. The City Manager noted that the Sheriff's helicopter was deployed and took fire in that event. He said in preparation for the purchase, two officers have been trained to pilot the aircraft. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve the purchase of two Skydio Autonomous Drones from ADS, Inc. for the Sebastian Police Department. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS 23.004 A. Citizens Budget Review Advisory Board (Transmittal. An_ Dlications. List. Advertisement) Fill Two Additional Member Positions — Terms to Expire November 2023 Council Member Dixon selected Bruce Hoffinan to be her representative on the Citizens Budget Review Advisory Board. He will serve concurrently with Council Member Dixon's term. Council Member McPartlan nominated Amber Cerda and Council Member Dodd nominated Dave Newhart. Being no further nominations, Ms. Cerda and Mr. Newhart were appointed to the additional member positions. 23.005 B. Indian River Countv Citizens Oversight Committee for School Planning (Transmittal. Annlications. List. Advertisement) i. Fill One Sebastian Representative Position Council Member Dodd nominated Christopher Roberts and Council Member Dixon nominated Jennifer Pippin. Roll call on the nominations: Council Member McPartlan - Mr. Roberts 32 of 71 Regular City Council Meeting January 11, 2023 Page 4 Mayor Jones - Mr. Roberts Vice Mayor Nunn - Mr. Roberts Council Member Dixon - Ms. Pippin Council Member Dodd - Mr. Roberts Christopher Roberts was appointed to represent the City on the Indian River County Citizens Oversight Committee for School Planning. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 23.006 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, Amortization Schedule. DST Projected Balances) The City Manager advised that he did make an offer of $1.2M on the property that was countered at $2.5M and noted the offer could not exceed the appraised amount without a supermajority vote of Council and he asked for direction. He noted that if the property was sold to someone else, the dock would have to be removed if the use changed from aquaculture however the intent of the City would be to keep the river's view and preserve the aquaculture. Council Member Dodd said he would love to have the property but they should find grant money to help pay for it. Council Member Dixon and Vice Mayor Nunn agreed. Mayor Jones said he would love to expand the important aquaculture operation for the lagoon but the cost is too much. He suggested holding more negotiations. Council Member McPartlan said maybe the County could buy it to keep it preserved. The City Manager advised that he and the Community Development Director did recently meet with the Florida Department of Environmental Protection to discuss additional boat parking and aquaculture operations at the working waterfront. 23.007 B. Discussion of Ston-nwater Codes Related to the Buildinp- of Newer Homes on Adiacent Existing Properties (Transmittal, Code Compilation) The City Manager said this problem is plaguing communities all over Florida and every circumstance is as unique as the adjoining lots are built upon. The new homes are built according to code and should be addressed on an individual basis. He said he was open to suggestions from Council. Mayor Jones asked if the City was looking at the circumstance upfront since the code currently prohibits drainage onto other properties. The City Manager said the higher 33 of 71 Regular City Council Meeting January 11, 2023 Page 5 property is required to drain and the lower property is required to accept the drainage in the shared swale or they will be in violation --there isn't a good solution. Council Member Dodd said there are many places in Florida where you cannot let a drop of water come off of your lot. He watched his brother's crew put in cisterns to hold water from down spouts in Ft. Lauderdale. The simplest thing to say is that it is the existing resident's problem. The cost of building on an empty lot should include the cost of determining if there will be a problem. Vice Mayor Nunn said if a house was built 25 years ago and it's been draining into the vacant lot next to them, it is in violation since it isn't going into an easement. Technically, the City will have to go out and enforce the drainage of all of the older homes who are currently draining into the vacant lots. Council Member Dodd said Council should provide staff with direction that they would like something done to address this issue. Council Member Dixon suggested for any new builds, the builder must survey the property next to them so they can let the current homeowners know if they are draining properly or not. Council Member Dodd said it was not irresponsible to ask someone who is making money in a business venture to spend money to make sure their venture doesn't impact someone else's property rights. He suggested they could require an extended elevation survey. Council Member Dodd suggested directing City staff to modify the Land Development Code to address issues related to drainage that's caused by building within mixed use properties. Vice Mayor Nunn said the City has responsibility to help find a solution. The City Manager said they could require a topographical survey five foot outside the property line that would show the issue. Council Member Dodd said the language should stipulate identifying what the issue is and whose responsibility it is to address it. It was the consensus of Council to find ways to alert homeowners of the problem but not fix the problem. Sarah Carlson said the City has been working with her as well as the builder of the higher home next to her who assured her the drainage would not be a problem. She said it is turning into more of a problem the bigger the storms get. She understood each property has its own unique nuisances and the inspectors have identified that her property slopes to the back and there is nothing that can be done. She has the lake in her backyard shown in the Sebastian Daily news article. She asked Council to continue to work on the problem. 34 of 71 Regular City Council Meeting January 11, 2023 Page 6 Marjory Hale, representing her mother, said as the houses go up, they are seeing additional flooding in their backyard. With the latest new house being built, there is a silt fence that has been leaning over since the hurricane and there is no way to maintain the off flow with the location of the house. They would like to see something done. Amanda Longhini-Halbin, 156 Nebraska Circle, said when this year's storms came through, they dug a trench in the front yard so her yard would drain to the front yard instead of the back into her pool. She said there have been cases where builders have come back to install a drainage system. She asked for help. Karey Halbin, Nebraska Circle, said there are drainage systems established throughout the City so it is clear there is a problem that needs to be addressed. She said she was sure they could come up with some solutions. Ardith Hale, 756 Newhall Terrace, said this year after the hurricane her street was under water to the point that only three inches of the fire hydrant was visible. She would like to see some due diligence by the City. 12. NEW BUSINESS 23.008 A. Resolution No. R-23-01 — Annroved a Collective Bargaining Agreement to be Effective October 2. 2022 to Seutember 30. 2025 Between the Citv 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, (IUPA) 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. The City Attorney read the title to Resolution No. R-23-01. The City Manager said this is an agreement that is beneficial for the employees and the residents. He asked Council to approve the resolution. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-01. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye 35 of 71 Regular City Council Meeting January 11, 2023 Page 7 Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.009 B. Aubrove 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 Citv Manager to Execute the Annronriate Documents (Transmittal. Ex. A) The City Manager said the use of the current carts was extended for an extra year since the batteries were replaced after the single use COVID period and they are now in need of replacement. He asked for Council approval. Council Member Dodd noted the Capital Improvement Program only has $400,000 and he asked how the financials will be balanced. The City Manager responded that it will be split between two budget cycles. Council Member McPartlan asked if a solid warranty was included. The City Manager responded that he is trying to write a contract to have another company to cover the maintenance of the carts and battery warranties. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve the purchase of eighty new golf carts with GPS from Club Car, LLC in the amount of $528,640.00 . There was no public input. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones Motion carried. 5-0 23.010 C. Authorize the Citv Manager to Execute the Walmart Opioid Settlement Agreement and Annronriate Documents (Transmittal. Agreement. Ex. C. Chart) The City Manager said the City is a named beneficiary to receive funds from this lawsuit and he asked for approval to use the settlement money for education, training and Narcan. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to authorize the City Manager to execute the Walmart Opioid settlement agreement. Council Member McPartlan noted that fentanyl is a huge problem and suggested the $10,000 should go towards awareness. Council Member Dixon agreed and stated she would like to see the R.A.D. Kids brought back for the youth. There was no public input. 36 of 71 Regular City Council Meeting January 11, 2023 Page 8 Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.011 D. Review and Consider 2023 Council Meetinn Dates (Transmittal. Calendar) It was the consensus of Council to keep the dates as they stand. 13. CITY ATTORNEY MATTERS The City Attorney reported that union negotiations would be held January 31" for the general employees and supervisors. A resolution for Council ratification would be ready after that meeting. 14. CITY MANAGER MATTERS The City Manager wished everyone a Happy New Year and announced that Small Business Administration funding was still available for those affected by Hurricanes Ian and Nicole. He would have further information posted the City's website. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mavor Nunn Vice Mayor Nunn asked everyone to think about moving forward with the old compound site. He said he didn't appreciate the individual that vandalized his truck and asked that the person come talk to him if they are upset about something. B. Council Member Dixon - None C. Council Member Dodd Council Member Dodd distributed a draft resolution regarding the Florida League of Cities issues to consider during the upcoming legislative session. He asked that the resolution be placed on the next agenda and if the members have any questions about any of the items to contact the City Manager. He said he would be sending the City Attorney's presentation to the Florida League of Cities to view as they would like to increase citizens' education. 37 of 71 Regular City Council Meeting January 11, 2023 Page 9 He said he wouldn't mind seeing an inventory of all of the City's properties given they will be considering the Harbor Lights property again. He suggested they might want to consider all properties at the same time. He apologized to the Mayor for forgetting the box of crayons that he was supposed to present to him tonight. He explained the Mayor is a Marine and the joking rivalry with the other military branches is that Marines are known to eat crayons. D. Council Member McPartlan Council Member McPartlan wished everyone a Happy New Year. E. Mayor Jones 23.012 i. Harbor Lights Motel Propertv - 1215 Indian River Drive Mayor Jones said the building has been razed and he would like to put the property back out to bid to get it on the tax roll. The City Manager said it could be back on the agenda noting that they were in a unique position in that they can dictate what goes back on it. He asked what parameter they would like to use for the proposal. It was the consensus of Council to use "mixed use." 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 8:26 p.m. Approved at the January 25, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 38 of 71 CM OF SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Nlectin2 Date: January 25, 2023 Agenda Item Title: Resolution No. R-23-02 Providing Support for the Florida League of Cities Legislative Platform for the 2023 Legislative Session Recommendation: At Council's discretion, adopt Resolution No. R-23-02. Backeround: Council Member Dodd and Mayor Jones participated in the legislative conference that helped to formulate the platform. Attachments: R-23-02 Administrative Services Depart Rev' treat City Attorney Review. City Manager Authorization: Date: 39 of 71 RESOLUTION NO. R-23-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING SUPPORT FOR THE FLORIDA LEAGUE OF CITIES' LEGISLATIVE PLATFORM FOR THE 2023 LEGISLATIVE SESSION; PROVIDING FOR EXPRESSION OF SUPPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is an active and longtime member of the Florida League of Cities and it's Council Member Ed Dodd, serves as President for the Treasure League of Cities and 9`h District Director for the statewide Florida League of Cities; and WHEREAS, the Florida League of Cities' membership includes more than 400 cities, towns, and villages in the Sunshine State, who enjoy educational benefits, receive access to a variety of municipal toolkits, are offered innovative financial solutions, and are represented by the League's advocacy efforts; and WHEREAS, the Florida League of Cities through ongoing efforts supports legislation that fosters state and regional initiatives for the common good of all residents of the State of Florida, promotes legislative that enhances the ability of municipalities to serve the interest of their residents, and counters recurring legislative assaults against municipal home rule powers; and WHEREAS, the Florida League of Cities has identified, with extensive input and assistance from is membership, Legislative Priorities for 2023 that cover a wide variety of issues. WHEREAS, the membership of the Florida League of Cities adopted the 2023 FLC Legislative Platform during the FLC Legislative Conference on December 2, 2022; and WHEREAS, the City of Sebastian supports the 2023 FLC Legislative Platform, which includes: Enterprise Fund Transfers: Supporting the preservation of municipal authority to manage municipal revenue sources and realize a reasonable rate of return on their proprietary assets, investments and services. Mobilitv Plans: Supporting legislation that defines and clarifies mobility plans in order to provide a clear and concise regulatory framework for Florida cities to acquire, construct and implement both traditional and alternative modes of transportation. Short -Term Rentals: Supporting legislation that restores authority to local governments for the regulation of short-term rental properties as necessary for quality of life, public safety and the creation of fair lodging standards. Supporting 1 40 of 71 legislation clarifying that existing, grandfathered municipal short-term rental ordinances can be amended without penalty. Opposing legislation that preempts municipal authority as it relates to the regulation of short-term rental properties. Accessible Housing: Supporting legislation that requires all money from the Sadowski State and Local Housing Trust Fund be used only for Florida's affordable housing programs that are targeted to meet the needs of workforce housing, including home ownership and rental availability. Water Resources Planning and Comprehensive Watershed Management: Supporting legislative establishing a statewide coordinated planning and prioritization approach for water resource investments the funds Florida's current and projected water needs in an equitable manner and authorizing Comprehensive Watershed Management projects to qualify for funding under the state Water Protection and Sustainability Trust Fund. WHEREAS, the City Council of the City of Sebastian also supports the FLC policy positions relating to: • Property Tax Protection • Residential Zoning • Transportation Funding • Water and Wastewater Plant Operator Licensure NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Ratification of Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Resolution. Section 2. Expression of Sumort. The City Council of the City of Sebastian will work with the Indian River County Legislative Delegation in support of these and other issues affecting Florida's cities, towns and villages during the upcoming 2023 Legislative Session. The appropriate City officials are authorized to take any necessary action to effectuate the intent of this Resolution. The City Clerk is directed to distribute this Resolution to the Florida Governor, the President of the Senate, the Speaker of the Florida House of Representatives, members of our local Legislative Delegation, the Treasure Coast League of the Cities and the Florida League of Cities, Inc. Section 3. Conflict. If any resolutions or parts of this resolution are in conflict herewith, this Resolution shall control to the extent of the conflicting provisions. Section 4. 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 2 41 of 71 unconstitutional by a Court of competent jurisdiction, the remainder of the Resolution shall remain in full force and effect. Section 5. Scrivener's Errors. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 6. Effective Date. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this day of 2023. ATTEST: Jeanette Williams, MMC City Clerk 3 CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Afidn, Jr., City Attorney 42 of 71 cuct SET" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: January 25, 2023 AGENDA ITEM TITLE: Approval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2023-2024. RECOMMENDATION: Approve the Budget Calendar for Fiscal Year 2023-2024. BACKGROUND: The City Council typically approves the Budget Calendar outlining the planned meetings and events that are expected to occur as we prepare and request approval of the Annual Budget and Capital Improvement Program. This allows the participants to have advance knowledge of the process and anticipated meeting times. We have not yet been formally notified of the dates planned for by the County and School Board, so those meetings have been scheduled based on the days they have typically selected in past years. According to State Law, the City's public hearings must not be held at the same times as the County and School Board. Although there are a few of the deadlines and dates that cannot be changed, the Budget Calendar is a general guideline and is subject to changes based on new information or unforeseen events. If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Fiscal Year 2023-2024 Budget Calendar Administrative Services Department Re ew: City Attorney Review: „ Procurement Division Review11fiapplicable: VIA i City Manager Authorization. Date: e� 43 of 71 MCI SE MST HOME OF PELICAN ISLAND CITY OF SEBASTIAN FISCAL YEAR 2023-2024 BUDGET CALENDAR (Anticipated Dates) DATE DAY EVENT 01/25/23 Wednesday City Council @6:00pm - Approve Budget Calendar/Any Change to Budget Objectives. 02/13/23 Monday Budget Review Advisory Board @ 6:00pm — Review 4' Quarter FY2022 Budget Report and if Completed the I" Quarter FY2023 Budget Report (or Schedule for 03/13/23). 02/22/23 Wednesday City Council @6:00pm — Approve 4 Quarter FY2022 Budget Report and if Completed the 1 Quarter FY2023 Budget Report (or Schedule for 03/22/23). 03/10/23 Friday Departments Receive Forms and Instructions for Capital Improvement Program. 04/07/23 Friday Departments Submit Capital Improvement Program Request to Administrative Services. 04/21/23 Friday Departments Receive Forms and instructions on Operating Budget Preparation. 05/15/23 Monday Budget Review Advisory Board @ 6:00pm — Review 2nd Quarter Budget Report. 05/19/23 Friday Departments Submit Operating Budget Request to Administrative Services. 05/24/23 Wednesday City Council @6:00pm — Approve 2`a Quarter Budget Report. 05/31/23 Wednesday Estimate of Property Values Received from Property Appraiser. 06/16/23 Friday Complete Review of Department Request and Balancing of CIP and Draft Budgets. 06/26/23 Monday Parks and Recreation Board @ 6:00pm — Review of Recreation Impact Fee Uses in CIP. 06/30/23 Friday DR-420 Certified Property Values Received from Property Appraiser. 07/07/23 Friday .. ........................ - ------�__ _ City Council and Budget Review Advisory Board Provided Recommended CIF and Operating Budget documents. 07/17/23 Monday Budget Review Advisory Board @6:00pm - Presentation of Draft CIP and Operating Budget and Consider Proposed Millage to be Recommended to City Council. 07/26/23 Wednesday City Council @6:00pm - Receive Budget Review Advisory Board Recommendation and Approve Proposed Millage. 07/27/23 Thursday Send DR420 Proposed Millage Form to Property Appraiser. 07/31/23 Monday Budget Review Advisory Board @6:00pm - Review 3rd Quarter Budget Report. 08/03/23 Thursday Planning and Zoning Board Provided the Draft CIF Summary. 68/09/23 Wednesday City Council @6:00pm - Approve 3rd Quarter Budget Report. - 08/17/23 Thursday Planning and Zoning Board @6:00pm - Approval of Capital Improvement Program. 08/23/23 Wednesday City Council @6:00pm - Presentation on CIF and Budget Recommendations. 09/04/23 Monday Anticipated Final Adoption of School Board Budget. 09/13/23 Wednesday Anticipated First Public Hearing on County Budget. F09/18/23 Monday City Council @6:00pm - Special Meeting for First Public Hearing on the Millage and Budget - ApprovaI of Capital Improvement Program — Approval of Financial Policies. 09/20/23 Wednesday Anticipated Final Public Hearing on County Budget. 09/24/23 Sunday Advertise the Tentative Millage and Proposed Budget Final Public Hearing. 09/27/23 Wednesday CRA/City Council Meeting @6:00pm — Approval of Community Redevelopment Agency Budget - Public Hearing on Final Millage and Final Budget. 09/28/23 Thursday Send Resolution Adopting Final Millage to Property Appraiser. 44 of 71 cnv OF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 25, 2023 Agenda Item Title: Police Department ballistic duty vests. Recommendation: Staff respectfully requests City Council to approve the purchase of twelve (12) ballistic vest panels, carriers and rifle plates for new officers, and current officers with expiring vests. Background: Officers are required to wear ballistic vests while on duty for safety purposes and the vests expire after five (5) years. Per the IUPA contract the City agrees to purchase and provide these vests to the sworn officers. The best value was obtained through pricing under the following State contracting numbers: Florida NASPO Number: 46151500-NASPO-21-ACS Master Agreement Number: 164719. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $25,389.00 Total Cost: $25,389.00 Funds to Be Utilized for Appropriation: Uniforms and Shoes Attachments: 1. Vendor Quote; Florida NASPO Number: 46151500-NASPO-2I-ACS, per the Master Agreement Number: 164719 Administrative Services Departm City Attorney Review: Procurement Division Review, rf City Manager Authorization Date: IA42 45 of 71 FEDERAL EASTERN INTERNATIONAL Aft 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 3295E SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 QUOTE 547126 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP VIA 12/08/22 547126 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS U!M I DESCRIPTION DISC I UNIT PRICE AMOUNT POINT BLANK ENTERPRISES NASPO #46151500-NASPO-2I-ACS 1 EA NASHL6AXACSOM 844.00 844.00 HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA NAME GENDER MALE COLOR BKA - BLACK FRONT 54LI BACK 54L1 1 EA NASIHCMOOB20J 271.00 271.00 INTERNATIONAL KWIU-CLIP CARRIER NMB NAME GENDER MALE COLOR BKA - BLACK FRONT 54L1 BACK 54L1 PLACARD; POLICE IN CHARCOAL GRAY NOTE-1 1X5 IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 385.00 385.00 BX10 OMEGA PLATE NMB NAME 1 EA NASPLT01SECSN 385.00 385.00 8X10 OMEGA PLATE NMB NAME 1 EA NASHL6AXACSOM 844.00 844.00 HILITE AXII, 2 CARRIERS **** CONTINUED ON PAGE 2 46 of 71 FEDERAL EASTERN INTERNATIONAL Ar& 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 DATE QUOTE ACCT CUSTOMER PO TERMS 12 O8122 547126 2344 NET 30 UNITS I UIM I DESCRIPTION kkkkkkki O IOTATION wYiifkikk94kYiif ........ PAGE 2 ........ 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA NAME GENDER MALE COLOR BKA - BLACK FRONT 48R BACK 48R 1 EA NASIHCMDOB20J INTERNATIONAL KWIR-CLIP CARRIER NMB NAME GENDER MALE COLOR BKA - BLACK FRONT 48R BACK 48R PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 IX5 IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 8XIO OMEGA PLATE NMB NAME 1 EA NASPLT019ECSN 8XID OMEGA PLATE NMIB NAME 1 EA NASHL6AXACSOM HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA `ii' CONTINUED ON PAGE 3 QUOTE 547126 SALES REP SHIP VIA 102 - STAN REYZIN UPS GROUND DISC I UNIT PRICE AMOUNT 271.00 385.00 385.00 844.00 47 of 71 271.00 385.00 385.00 844.00 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILLTO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT, 1201 MAIN STREET SEBASTIAN FL 32958 DATE QUOTE ACCT CUSTOMER PO TERMS 12/08/22 547126 2344 NET 30 UNITS ! U/M I DESCRIPTION k"'i... QUOTATION '}}•}}}}k}}k}i.i .k...... PAGE 3 ........ NAME GENDER : MALE COLOR BKA - SLACK FRONT SOR BACK 5051 1 EA NASIHCMOOB20J INTERNATIONAL KWIQ-CLIP CARRIER NMB NAME GENDER MALE COLOR BKA - BLACK FRONT SOR BACK 5051 PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 1X5 ' IN CHARCOAL GRAY NOTE-2 : 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 8XIO OMEGA PLATE NMB NAME 1 EA NASPLT019ECSN 8X10 OMEGA PLATE NMB NAME 1 EA NASHL6AXACSOM HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA NAME GENDER MALE "" CONTINUED ON PAGE 4 QU0TE 547126 SALES REP SHIP VIA 102 - STAN REYZIN UPS GROUND DISC I UNIT PRICE I ANIOUNT 271.00 271.00 385.00 385.00 385.00 385.00 844.00 844.00 49 of 71 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 W W W.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 DATE QUOTE ACCT CUSTOMER PO TERMS 12/08/22 547126 2344 NET 30 UNITS I UIM I DESCRIPTION ,....... QUOTATION .....«......«... ...««... PAGE 4 ........ COLOR BKA - BLACK FRONT 54LI BACK 54R 1 EA NASIHCMDOB20J INTERNATIONAL KWIQ-CLIP CARRIER NM8 NAME GENDER : MALE COLOR BKA - BLACK FRONT 54LI BACK 54R PLACARD: POLICE IN CHARCOAL GRAY NOTE--1 1X5 IN CHARCOAL GRAY NOTE-2 ; 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 8X1O OMEGA PLATE NMB NAME 1 EA NASPLT019ECSN 8XIO OMEGA PLATE NM8 NAME 1 EA NASHL6AXACSOM HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA NAME GENDER FEMALE COLOR BKA - BLACK FRONT LG2R ««'« CONTINUED ON PAGE 5 000TE 547126 SALES REP SHIP VIA 102 - STAN REYZIN UPS GROUND DISC I UNIT PRICE AMOUNT 271.00 271.00 385.00 385.00 385.00 385.00 844.00 844.00 dA of 71 FEDERAL EASTERN INTERNATIONAL Aft 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTlNTL.COM SILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 DATE QUOTE ACCT CUSTOMER PO TERMS 12/08/22 547126 2344 NET 30 UNITS UIM I DESCRIPTION QUOTATION ......,...:."'* PAGE 5 BACK LG2RW1 1 EA NASIHCMOOB20J INTERNATIONAL KWIQ-CLIP CARRIER NMB NAME GENDER : FEMALE COLOR BKA - BLACK FRONT LG2R BACK LG2RW1 PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 1X5 IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT013SCRN 7X9 FEMALE OMEGA, FULL SIZE NMB NAME 1 EA NASPLT019ECSN 8XI4 OMEGA PLATE NMB NAME 1 EA NASHL6AXACSOM HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA. NAME GENDER MALE COLOR BKA - BLACK FRONT 52R BACK 5251 QUOTE 547126 SALES REP SHIP VIA 102 - STAN REYZIN UPS GROUND DISC I UNIT PRICE I AMOUNT 271.00 271.00 383.60 383.60 385.00 385.00 844.00 844.00 "" CONTINUED ON PAGE 6 50 Of 71 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 W W W.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 DATE QUOTE ACCT CUSTOMER PO TERMS 12/08/22 547126 2344 NET 30 UNITS I UIM I DESCRIPTION ........ QUOTATION ................ ...,.... PAGE 6 ....,... 1 EA NASIHCMOOB20J INTERNATIONAL KWIQ-CLIP CARRIER NMB NAME GENDER MALE COLOR BKA - BLACK FRONT 52R BACK 52S1 PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 1X5 . IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 8X10 OMEGA PLATE NMB NAME 1 EA NASPLT019ECSN 8X10 OMEGA PLATE NMB NAME SUBTOTAL QUOTE TOTAL SALES REP CONTACT: STAN REYZIN SEEYZIN@FEDEASTINTL.COM 727-542-0190 TERMS: "" CONTINUED ON PAGE 7 QUOTE 547126 SALES REP SHIP VIA 102 - STAN REYZIN UPS GROUND DISC I UNIT PRICE I AMOUNT I 271.00 271.00 385.00 385.00 385.00 385.00 51 of 71 11,308.60 11,308.60 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 + WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 3295E SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 3295E 0U0T'E 547126 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP 1lIA 12/08/22 547126 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS U!M DESCRIPTION DISC UNIT PRICE AMOUNT ******** QUOTATION .******' PAGE 7 "`"'*'*• PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF THIS QUOTE UNLESS OTHERWISE NOTED. ITEMS LISTED ON THIS DOCUMENT MAY REQUIRE A UNITED STATES GOVERNMENT LICENSE FOR EXPORT. EXPORTING CONTROLLED ITEMS WITHOUT A LICENSE IS PROHIBITED BY LAW. C'1 gf'71 FEDERAL EASTERN INTERNATIONAL AIL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 0U0TE 547127 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP VIA 12/08/22 547127 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS Ulm DESCRIPTION DISC UNIT PRICE AMOUNT POINT BLANK ENTERPRISES NASPO #46151500-NASPO-2I-ACS 1 EA NASHL6AXACSOM 844.00 844.00 HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA NAME GENDER MALE COLOR BKA - BLACK FRONT 56L1 BACK 56L1 1 EA NASIHCMOOBVOJ 480.48 480.48 INTERNATICNAL WARSOC CARRIER NMB NAME GENDER MALE COLOR BKA - BLACK FRONT 56L1 BACK 56L1 PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 ; IX5 IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 385.00 385.00 8XIO OMEGA PLATE NMB NAME 1 EA NASPLT019ECSN 385.00 385.00 8XIO OMEGA PLATE NMB NAME 1 EA NASHL6AXACSOM 844.00 844.00 HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, **** CONTINUED ON PAGE 2 53 of 71 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 QUOTE 547127 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP VIA 12/08/22 547127 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS I U!M I DESCRIPTION I DISC I UNIT PRICE AMOUNT .....,.. QUOTATION ................ ......,. PAGE 2 ......,. SOFT TRAUMA NAME GENDER MALE COLOR BKA - BLACK FRONT 52R BACK 52R 1 EA NASIHCM00BV0J 480.48 480.48 INTERNATIONAL WARSOC CARRIER NMB NAME GENDER MALE COLOR BKA - BLACK FRONT 52R BACK 52R PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 1X5 IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN 385.00 385.00 8X14 OMEGA PLATE NMB NAME 1 EA NASPLT019ECSN 385.00 385.00 8X1O OMEGA PLATE NMB NAME 1 EA NASHL6AXACSOM 844.00 844.00 HILITE AXII, 2 CARRIERS 4 STRAPS, 5 SHOULDER STRAPS, SOFT TRAUMA NAME GENDER MALE .... CONTINUED ON PAGE 3 5d of 71 FEDERAL EASTERN INTERNATIONAL • 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 • WWW.FEDEASTINTL.COM QUOTE 547127 BILL TO: SEBASTIAN POLICE DEPT. SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET 1201 MAIN STREET SEBASTIAN FL 32958 SEBASTIAN FL 32958 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP 12/08122 547127 2344 NET 30 102 - STAN REYZIN UNITS I U!M I DESCRIPTION I DISC I UNIT PRICE ........ QUOTATION """"""'•'• ........ PAGE 3 ........ COLOR BKA - SLACK FRONT 5OR BACK 5OR 1 EA NASIHCMOOBVOJ INTERNATIONAL WARSOC CARRIER NMB NAME GENDER MALE COLOR BKA - SLACK FRONT 5OR BACK 5OR PLACARD: POLICE IN CHARCOAL GRAY NOTE-1 1X5 . IN CHARCOAL GRAY NOTE-2 2X6 POLICE IN CHARCOAL GRAY 1 EA NASPLT019ECSN BX10 OMEGA PLATE NMB NAME i EA NASPLT019ECSN BX10 CMEGA PLATE NMB NAME SUBTOTAL QUOTE TOTAL SALES REP CONTACT: STAN REYZIN SREYZIN@FEDEASTINTL.COM —'CONTINUED ON PAGE 4 480.48 385.00 385.00 SHIP VIA UPS GROUND AMOUNT 55 of 71 480.48 385.00 385.00 6,283.44 6,283.44 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 DATE QUOTE ACCT 12/08/22 547127 2344 UNITS I Ulm CUSTOMER PO DESCRIPTION QUOTE 547127 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 TERMS SALES REP SHIP VIA NET 30 102 - STAN REYZIN UPS GROUND I DISC I UNIT PRICE AMOUNT QUOTATION .""". PAGE 4.""" 727-542-0190 TERMS: PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF THIS QUOTE UNLESS OTHERWISE NOTED. ITEMS LISTED ON THIS DOCUMENT MAY REQUIRE A UNITED STATES GOVERNMENT LICENSE FOR EXPORT. EXPORTING CONTROLLED ITEMS WITHOUT A LICENSE IS PROHIBITED BY LAW. FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 QUOTE 547128 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP IRA 12/08/22 547128 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS U/M DESCRIPTION DISC UNIT PRICE AMOUNT POINT BLANK ENTERPRISES NASPO #46151500-NASPO-2I-ACS 1 EA NASSRVZE2BVOJ 1,364.80 1,364.80 SRV AXII BASE VEST W/ PLATE BACKERS, SIDE ARMOR NAME GENDER MALE COLOR BLACK HEIGHT ; $19 WEIGHT 1130 CHEST 43 WAIST 37 FRONT 1OX12 BACK MD - CB PLACARD: POLICE K9 IN CHARCOAL GRAY 2 EA NASPLT020ECSN 617.12 1,234.24 IOX12 OMEGA PLATE NMR NAME 1 EA NASSRVZE28VOJ 1,364.80 1,364.80 SRV AXII BASE VEST W/ PLATE BACKERS, SIDE ARMOR NAME GENDER MALE COLOR BLACK HEIGHT 5'11 WEIGHT 210 CHEST 44 WAIST 39 FRONT 1OX12 BACK LG - CS PLACARD: POLICE K9 IN CHARCOAL GRAY 2 EA NASPLT020ECSN 617.12 1,234.24 1OX12 OMEGA PLATE **** CONTINUED ON PAGE 2 57 Of 71 FEDERAL EASTERN INTERNATIONAL Aft 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 W W W. FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 QUOTE 547128 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP VIA 12/08/22 547128 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS I Ulm DESCRIPTION DISC I UNIT PRICE I AMOUNT ........ QUOTATION ................ .'...... PAGE 2 ........ NMB NAME SUBTOTAL 5,198.08 QUOTE TOTAL 5,198.08 SALES REP CONTACT: STAN REYZIN SREYZIN@FEDEASTINTL.COM 727-542-0I90 TERMS: PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF THIS QUOTE UNLESS OTHERWISE NOTED. ITEMS LISTED ON THIS DOCUMENT MAY REQUIRE A UNITED STATES GOVERNMENT LICENSE FOR EXPORT. EXPORTING CONTROLLED ITEMS WITHOUT A LICENSE IS PROHIBITED BY LAW. 58 of 71 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 W WW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 0UOlmE 547129 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP'VIA 12/08/22 547129 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS U/M DESCRIPTION DISC UNIT PRICE AMOUNT POINT BLANK ENTERPRISES NASPO #46151500-NASPO-2I-ACS 1 EA NASSRVZE2BVQJ 1,364.80 1,364.80 SRV AXII BASE VEST W/ PLATE BACKERS, SIDE ARMOR NAME GENDER MALE COLOR BLACK HEIGHT 6'1 WEIGHT 155 CHEST 39 WAIST 34 FRONT 1OX12 BACK MD - CE PLACARD: POLICE IN CHARCOAL GRAY 2 EA NASPLT020ECSN 617.12 1,234.24 1OX12 OMEGA PLATE NMB NAME SUBTOTAL 2,599.04 QUOTE TOTAL 2,599.04 SALES REP CONTACT: STAN REYZIN SREYZIN@FEDEASTINTL.COM 727-542-0190 TERMS: PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF THIS QUOTE UNLESS OTHERWISE NOTED. ITEMS LISTED ON THIS DOCUMENT MAY REQUIRE A UNITED "" CONTINUED ON PAGE 2 59 Of 71 FEDERAL EASTERN INTERNATIONAL 1523 CHAFFEE RD S, UNIT 12 JACKSONVILLE, FL 32221 727-827-2997 WWW.FEDEASTINTL.COM BILL TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 SHIP TO: SEBASTIAN POLICE DEPT. 1201 MAIN STREET SEBASTIAN FL 32958 QUOTE 547129 DATE QUOTE ACCT CUSTOMER PO TERMS SALES REP SHIP VIA 12/08/22 547129 2344 NET 30 102 - STAN REYZIN UPS GROUND UNITS I Ulm I DESCRIPTION D15C UNIT PRICE AMOUNT .++.,... QUOTATION +++++«.++++— """" PAGE 2 ""•*•"+ STATES GOVERNMENT LICENSE FOR EXPORT. EXPORTING CONTROLLED ITEMS WITHOUT A LICENSE IS PROHIBITED BY LAW. 1.0 of 71 aft, SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 25, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Van Dunk Family Baby Shower at the Community Center. Background: Naomi Van Dunk is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, March 11'h, 2023 from 12:00pm to 5:00pm. Staff has verified applicant's date of birth. They are expecting 60 to 70 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, j'applieable: NIA City Mang7/u; orization: Date: 61 of 71 . ..1 SERA ;�-�TIAJ l ; HOb[F Ot PFI.ICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228.7054 FAX: (772) 388-8249 " For emergency purposes ONLY please dial772.473.0454' Date: �, Community Center ❑ Yacht Club _�Dxnl van nub lc _ Name of Permittee (permits may only be issued to an adult) Name of rganizatfon (rf applicable) quS P:.rn w.r T) Physical Addres Mailing Address (if different) 5P m�firi11 _FL liq 3U) C);U 3 na�mtv�nr�unu-,3 �9 ma-) I _ Cnm City State Phone E- ail nr,\j 5h(awtY Reason for Re tal — Type of Function �0C) Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) '5ait,kvoIay ParrY­i lice' 0.00 pvn S: co pm Requested Date Tirne: From To Please answer the following yes or no 1) Are you a resident of Sebastian? _V_e5 2) Will [here be an admission charge or door charge? N O 3) Will alcoholic beverages be served? Ni O If yes, please provide gout issued ID proof of age Date of Birth Verified by NQdlm1 \Ian ban � . the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organzatron. that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this apOcauon and use of City facilities for which I have applied and agree to abide by all rules and regulattons set out for use of City facilities I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture. in part or full. of the security deposit Signature of Applicant CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name ❑ Gash Date :430 hLo -NA' a Check # C0VnWWn1 CRA tse—e Credit 13 aL.b -5 h W e.;r 3 /1, law-P-5 I atoop At. X1.0oPyn 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501366000 Memorial Benches 001501 369400 Reimbursement Services 2551 Amount Paid f.#*/• T2100 zu''o. a a ,230.00 y 9'0w /Jo � 4f Total Paid � f Initials 63 of 71 White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant ancF SE�T�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 25, 2022 Agenda Item Title: Approve an Auditor Selection Committee to include two Members suggested by Staff and Vote on one City Council Member chosen by the City Council. Recommendation: Staff recommends approval of an Auditor Selection Committee to include two Members suggested by Staff and one City Council Member chosen by a vote by the City Council. Bacl2round: The current auditing firm began performing our audits for the Fiscal Year ending in 2006. Staff planned to conduct a Request for Proposal for auditing services for the Fiscal Year ending in 2021 but it was cancelled because of COVID-19. However, no firm responded to our Request for Proposal issued last year for the Fiscal Year ending in 2022. Florida Statutes 218.391 addresses procedures a municipality must use when selecting auditors to conduct the annual financial audit. It requires the City Council to establish an Auditor Selection Committee of at least three Members. One Committee Member must be a City Council Member and must serve as the Chair of the Committee. Staff believes Larry Napier and Bruce Hoffman from the Citizens Budget Review Advisory Committee would be excellent choices for the other two Members. Both are very familiar with the City's municipal accounting structure and have agreed to serve. The City Manager, CFO or any other City employee are not permitted to be a Committee Member and may only serve in an advisory capacity. With Staff assistance, the Auditor Selection Committee will rank the proposals received based on established criteria and make a recommendation to the City Council. The City Council may then authorize staff to conduct negotiations for a final contract, which will be brought back to the City Council for final approval. All meetings of the Auditing Committee will follow Florida's Sunshine Law and will be open to the public. Attachments: Florida Statutes, Chapter 218.391 Administrative Services Department iew:" l 'AA) J City Attorney Review: Procurement Division Revi , if app cable: City Manager Authorization: Date: 64 of 71 Select Year: 2022 v Go The 2022 Florida Statutes (including Special Session A) Title XIV Chanter 218 View Entire TAXATION AND FINANCIAL MATTERS PERTAINING TO POLITICAL Chapter FINANCE SUBDIVISIONS 218.391 Auditor selection procedures.— (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a county, municipality, special district, district school board, charter school, or charter technical career center shall establish an auditor selection committee. (a) The auditor selection committee for a county must, at a minimum, consist of each of the county officers elected pursuant to the county charter or s. 1(d), Art. VIII of the State Constitution or their respective designees and one member of the board of county commissioners or its designee. (b) The auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three members. One member of the auditor selection committee must be a member of the governing body of an entity specified in this paragraph, who shall serve as the chair of the committee. (c) An employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may not serve as a member of an auditor selection committee established under this subsection; however, an employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may serve in an advisory capacity. (d) The primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the committee may serve other audit oversight purposes as determined by the entity's governing body. The public may not be excluded from the proceedings under this section. (3) The auditor selection committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shalt include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If 65 of 7I fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the auditor selection committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm, negotiations shall then be terminated with that firm and undertaken with the third -ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top -ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest -ranked qualified firm or must document in its public records the reason for not selecting the highest -ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed -upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shalt continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. (9) If the entity fails to select the auditor in accordance with the requirements of subsections (3)-(6), the entity must again perform the auditor selection process in accordance with this section to select an auditor to conduct audits for subsequent fiscal years. History.—s. 65, ch. 2001-266; s. 1, ch. 2005-32; s. 15, ch. 2019-15. Copyright ® 1995-2023 The Florida Legislature • Privacv Statement • Contact Us 66 of 71 MOO SEBAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: January 25, 2023 AGENDA ITEM TITLE: Approving Exempt Employee Recommended Wage Increases based on Compensation Study. RECOMMENDATION: Move to Consider Approving Exempt Employee Recommended Wage Increases based on Compensation Study. BACKGROUND: A compensation study was conducted by Evergreen Solutions. Evergreen analyzed data from other municipalities and produced a study which increased the benchmarks for Exempt Employees. Evergreen also analyzed the number of years an employee was in their position with the new benchmarks and established wage recommendations. It is recommended that the City Council approve the Exempt Employee Recommended Wage Increases. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $110,059.51 Funds to Be Utilized: The Annual Budget will be amended for the pay adjustments. ATTACHMENTS: Exempt Employee Recommended Wage Increases based on Compensation Study Administrative Services DepartmentReview: City Attorney Review: _ /'•'� d✓ Procurement Division Review, if appficable: , /^//A City Manag7r, uthorization: Date:, ,o/.,7� 67 of 71 Exempt Employee Recommended Wage Increases based on Compensation Study 2022-2023 Employee Annual Wage %of Change Current according to with Effective Employee Current Annual Compensation minimum of 2022-2023 October 1, Last Name First Name Title Hourly Rate Wage Study Wage Increase 3% Hourly Rate 2022 Carlisle, Jr. Paul City Manager $ 74.49 $ 154,939.20 $ 162,995.61 $ 8,057.19 5.2% $ 78.36 $ 162,996.39 Macias Margarita City Office Manag_ er/PIO $ 30.30 $ 63,024.00 $ 63,421.17 $ 1,890.72 3.01A $ 31.21 $ 64,914.72 Williams Jeanette City Clerk $ 46.76 $ 97,260.80 $ 97,256.12 $ 2,917.82 3.0°A $ 48.16 $ 100,178.62 Anon, Jr. Manny Clty Attomev 66.20 137,696.00 $ 143,875.33 $ 6,195.59 4.5% $ 69.18 $ 143,891.59 Killgore (Ken CFO/Administrative Services Director 1S 5 68.34 1 142,147.20 $ 142,139.66 $ 4,264.42 3.0°.6 $ 70.39 $ 146,411.62 Smith IJennifer Assistant Accounting Services Director $ 37.64 $ 78,291.20 $ 81,272.10 $ 2,984.54 3.8% $ 39.07 $ 81,275.74 Watson ICynthia Human Resources Director/Asst. Admin. Services Dlr. $ 47.29 $ 98,363.20 $ 100,723.74 $ 2,950.90 3.0% S 48.71 $ 101,314.10 Wixon IDonald Purchasing Manager $ 29.38 $ 61,110.40 $ 63,072.68 $ 1,962.28 3.2% $ 30.32 $ 63,072.68 Brooke -Reese (Barbara MIS Manager $ 40.66 $ 84,572.80 $ 87,009.95 $ 2,537.18 3.0% $ 41.88 $ 87,109.98 Hurst (Gary Systems Administrator I $ 27.59 $ 57,387.20 $ 60,682.17 $ 3,297.57 I 5.7% 5 29,18 $ 60,684.77 Vicars Gary MIS Assistant Manager I $ 31.26 $ 65,020.80 $ 65,016.90 $ 1,950.62 I 3.(rA $ 32.20 $ 66,971.42 Box" rth Dorothy Community Development Manager I $ 41.16 $ 85,612.80 $ 85,608.38 $ 2,568.38 I 3.056 $ 42,39 S 88,181.18 Frazier Lisa (Community Development Director/CRA Manager I $ 48.32 $ 100,505.60 $ 101,830.60 $ 3,015.17 I 3.0% $ 49.77 $ 103,520.77 Miller (Karen IPublic Works Director/City Engineer I $ 48.08 $ 100,006.40 $ 100,006.40 $ 3,000.19 I 3.0% $ 49.52 5 103,006.59 Patnode IPNII1 IStwater Superintendent I S 39.13 $ 81,390.40 S 81,396.64 $ 2,441.71 3.0,,6 $ 40,30 S 83,832.11 Clarke ITimoihy Fleeormt Superintendent $ 31.79 $ 66,123.20 $ 67,067.89 $ 1,983.70 3.0% $ 32.74 $ 68,106.90 Chapline Paul Facilities Maintenance Superintendent 5 27.50 $ 57,200.00 $ 57,209.78 S 1,716.00 3.0% $ 28.33 $ 58,916.00 Benton Brian Leisure Services Director $ 44.57 $ 92,705.60 $ 96,296.32 $ 3,585.52 3.9% $ 46.29 5 96,291.12 Gardner Gre,g Golf Course Director $ 55.81 $ 116,084.80 $ 116,076.22 $ 3,482.54 3.0°,6 $ 57.48 $ 119,567.34 Sabo Jeffery Airport Manager $ 31.25 $ 65,000.00 $ 65,000.00 $ 1,950.00 3.0% $ 32.19 $ 66,950.00 Eseltine Wayne Building Official/Director $ 63.06 $ 131,164.80 $ 131,162.72 $ 3,934.94 3.05A $ 64.95 $ 135,099.74 Hainey Daniel Deputy Building Official $ 44.07 $ 91,665.60 $ 91,655.20 $ 2,749.97 3.0% $ 45.39 $ 94,415.57 Acosta Daniel Police Chief 61.82 $ 128585.60 $ 128,586.12 $ 3,857.57 3.0% S 63.67 5 132,443.17 Witt IGreg Deputy Police Chief 55.76 $ 115:980.80 5 115,972.22 $ 3,479.42 3.056 $ 57.43 5 119,460.22 Wood ITimoihy IPolice Captain $ 42.93 $ 89,294.40 S 91,208.94 $ 2,678.83 3.0% $ 44.22 $ 91,973.23 Vafiades IRobert IPolice Lieutenant 5 40.40 $ 84,032.00 $ 84,599.60 $ 2,520.96 3.D26 $ 41.61 $ 86,552.96 Savvidis (Constantine IPolice Lieutenant 5 49.25 5 102,440.00 $ 102,447.07 $ 3,073.20 3.046 $ 50.73 $ 105,513.20 Paul (Elizabeth I Human Resources Assistant 22.63 $ 47,065.62 5 1,411.97 3.0% $ 23.31 $ 48,477.58 Smith9/25/2022 IAngelia I Executive Assistant 25.84 $ 53,753.02 $ 1,612.59 3.D°,6 $ 26.62 $ 55,365.61 Robinson 9/25/2022 IRobert I I Roads Superintendent I $ 27.63 $ 57,478.72 $ 1,724.36 3.0% $ 28.46 $ 59,203.08 Totals I I $ 2,705,902.16 $ 89,795.86 $2,795,698.02 Grand Total of increases I $ 89,795.86 $ 89,795.86 $ 89,79S.86 Police $ 3,857.57 Less PD $ 15,609.98 $ 3,479.42 Total Exempts $ 74,185.88 $ 2,678.83 SS $ 5,675.22 $ 2,520.96 Pension $ 6,676.73 $ 3,073.20 WC $ 2,596.51 Total Exempts S 89,134.33 Total PD $ 15,609.98 SS $ 1,194.16 00 Pension $ 3,574.69 O WC $ 546.35 Total PD $ 20,925.18 Grand Total $ 110,059.51 Cnvcf STLAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 25 January 2023 Agenda Item Title: City Attorney Recruitment Process Recommendation: Approve hiring an outside consultant for the City Attorney Recruitment Process. Background: The City of Sebastian City Attorney is currently in negotiations with another city to serve as City Attorney. It is anticipated, assuming a contract can be negotiated, that he will be resigning as a City of Sebastian Charter Officer in March of 2023. More detailed information will follow. This should provide the City of Sebastian ample notice to recruit its next City Attorney. IAW 2-10 (d) (4), all "professional and personal service contracts ...shall be approved by the city council if in excess of $15,000.00." Thus, it is anticipated that going to an outside firm will cost about $34,500.00 for City Attorney Recruitment Services. Alternatively, the City Attorney Recruitment can be handled internally by the Human Resource Department and City Attorney's Office. If Agenda Item Requires Expenditure of Funds: $34,500.00 Funds to be Utilized: General Fund Reserves Attachments: 1. City Code Section 2-10 (d) (4) Administrative Services Department City Attorney Review: Procurement Division Revi City Manage horization: Date: / I 1, if ap cable:7/ �.� 69 of 71 Sec. 2-10. Procurement of goods and services. (a) Applicability. Except as specifically set forth herein, all procurements for goods and services for the city shall fall under the ultimate responsibility of the charter officer utilizing the goods or services (hereinafter called the "purchasing officer"), and shall be effected in accordance with this section. (b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $2500.00—Purchasing officer or their designee may authorize purchase. (2) $2500.01 to $5,000.00—Two or more verbal quotes where practical, purchasing officer or designee may authorize purchase. (3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may authorize purchase. (4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required. (5) Over $25,000.00—Formal sealed bids and city council authorization required. (c) Exceptions to thresholds. (1) Joint bid: The purchasing officer shall have the authority to cooperate with other local governments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts shall require council approval. (2) Piggyback: The purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section. The purchasing officer shall have the authority to procure goods and services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that commodity equal to or lower than the existing piggyback price for the same or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council approval. (3) Sole source. A contract may be awarded for goods or services without competitive bids when the purchasing officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (4) Emergency purchase. Where the purchasing officer finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and suspend any or all provisions of this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of emergency covering the city has been declared the limit shall be raised to $50,000.00. All emergency purchases over $15,000.00 shall be reported to council as soon as practical. As used in this section, the term "emergency" means a sudden unexpected turn of events that causes: a. An immediate danger to the public health or safety; b. An immediate danger of loss of public or private property; C. An interruption in the delivery of an essential governmental service; or d. An interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss. (Supp. No. 67) Page 1 of 2 Created: 2022-01-28 08:54:4B [EST] 70 of 71 (5) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (6) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (d) Exemptions to applicability. This section shall not apply to: (1) Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovernmental services. (2) Purchases of advertising, works of art for public display, medically related professional services, employee benefit related purchases, water, utility services, postage, shows/displays/cultural events sponsored by the city. (3) Purchase of real property. (4) Professional and personal service contracts including but not limited to attorney services, appraisers and expert witnesses services, which shall be approved by the city council if in excess of $15,000.00. (5) Procurement of goods and services when the same is governed by a mandatory procedure established by statute. (6) Franchise, sponsorship or joint enterprise agreements. (7) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (e) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (f) Waiver. City council may waive or modify the bidding requirements for good cause. (Ord. No, 0-06-01, § 1, 2-22-06) (Supp. No. 67) Page 2 of 2 Created: 2022-01-28 08:54:40 [EST] 71 of 71