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Home My WebLink About04-10-2024 CC AgendaI 411F Aa SEBASTIAN CENTENNIAL CELEBRATION 1914 •1014 SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 10, 2024 — 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. INVOCATION — Reverend Alexis Talbott, Sebastian United Methodist Church 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Dixon 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Presentation of Florida Senate Proclamation by Senator Erin Grall and Florida House of Representatives Resolution 8071 by State Representative Robbie Brackett Commemorating Sebastian's 100�' Birthday B. Proclamation - Earth Day — April 22, 2024 — Accepted by Members of the Natural Resources Board and Felicia Gordian, City of Sebastian Environmental Technician C. Proclamation — Arbor Day — April 26, 2024 — Accepted by Members of the Natural Resources Board and Felicia Gordian, City of Sebastian Environmental Technician D. Proclamation — Water Conservation Month — April 2024 - Accepted by Jim Cannon, Intergovernmental Coordinator, St. Johns River Water Management District 1 of 191 BriefAnnouncements: Saturday, April 13 - Craft Club of Sebastian at Riverview Park — l0am — 3pm Friday, April 19 — Creative Playground Ribbon Cutting — I1: 00am - 1101 Barber Street Friday, April 19 - Chamber of Commerce Finally Friday on Cleveland St Spm — 9:30pm (Thom Parks Group) Saturday, April 20 — Natural Resources Board Earth Day Celebration at Riverview Park - 9am — 4pm Saturday, April 20 - Paper Shredding & Electronic Recycling Event in CavCorp Parking Lot at Riverview Park- 9am-Noon Saturday, April 20 - Spring Cleaning Event at the Barber St Sports Complex for Household Items — 9am — Noon 7. 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. S. 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 8-26 A. Approval of Minutes — March 20, 2024 Regular City Council Meeting pgs 27-50 B. Resolution No. R-24-19 Approving a Piggyback for Grant Management Services with RMPK Funding, Inc. (Transmittal, R-24-19, Ex. A, Ex. B) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH RMPK FUNDING, INC. FOR THE PURCHASE OF GRANT MANAGEMENT SERVICES; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 5I-66 C. Resolution No. R-24-21 - Approval to Piggyback Volusia County, Florida's Contract with Ferguson Enterprises, LLC for Poly Drainage Products and Repair Systems and Authorization for the City Manager to Execute the Piggyback Agreement (Transmittal, R-24-21, Ex. A, Ex. B) 2 of 191 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH FERGUSON ENTERPRISES, LLC FOR THE PURCHASE OF POLY DRAINAGE PRODUCTS AND REPAIR SYSTEMS; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 67-80 D. Submerged Lands Lease Renewal with Florida Department of Environmental Protection for the Property Located at 820 Indian River Drive Known as the Yacht Club (Transmittal, Lease) pgs 81-88 E. Snow's Space Coast Superior Events — Butterfly Garden Show (Transmittal, Application, Insurance, Receipt) pgs 89-91 F. Alcohol Beverage Approval (Transmittal, Application, Receipt) pgs 92-94 G. Alcohol Beverage Approval (Transmittal, Application, Receipt) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 95-119 A. Planning and Zoning Commission — Fill One Regular Member Position (Transmittal, Applications, List, Advertisement) Interview, unless waived, the applicants Submit nominations If more than one nomination, Clerk will call roll If alternate is selected, motion to waive the advertising requirement Submit nominations If more than one nomination, Clerk will call roll pg 120 B. Natural Resources Board i. Report to Council 10. PUBLIC HEARINGS Procedures for legislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 121-124 A. Second and Final Reading, Public Hearing for Adoption of Proposed Charter Amendment Ordinance No. 0-24-05 Relating to Terms of City Council Members (Transmittal, 0-24-05) 3 of 191 AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE THE TERM OF CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR YEARS WITH STAGGERED ELECTIONS FROM 2024 TO 2026; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 125-135 B. Second Reading and Public Hearing of Ordinance No. 0-24-07 Relating to Codification of Procedural Matters Relating to Council and Citizens Advisory Boards (Transmittal, R-24-02, 0-24-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-24-02; REPEALING RESOLUTION R-24- 02; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. pgs 136-146 C. Second Reading and Public Hearing of Ordinance No. 0-24-08 Relating to Codification of Procedural Matters Relating to Citizen Advisory Boards (Transmittal, R-22-15, 0-24-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-22-15; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. pgs 147-155 D. Second Reading and Public Hearing on Ordinance No. 0-24-09 Relating to Codification of Quasi -Judicial Procedural Matters Relating to Citizen Advisory Boards (Transmittal, R-20-35, 0-24-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-20-35; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. pgs 156-159 E. Second Reading and Public Hearing of Ordinance No. 0-24-10, to Amend Sections 2-172 — Removal; and Section 2-173 — Attendance; of the City Code of Ordinances (Transmittal, 0-24-10) 4 of 191 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 — ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 — GENERALLY, AMENDING SECTION 2-172 — REMOVAL; AMENDING SECTION 2-173 — ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS pgs 160-166 A. Resolution R-24-22 - Parking In Lieu Purchase Program for 1109 Indian River Drive, Tiki Bar & Grill (Transmittal, R-24-22, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT, AND COVENANT RUNNING WITH THE LAND, FOR CJD HOLDINGS OF INDIAN RIVER, INC., OWNER OF PROPERTY LOCATED AT 1109 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS, AND SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 167-184 B. Approve Purchase Order for A. Thomas Construction, Inc. to Continue 2022- 2023 Drainage Improvement Related to Roadway Repaying Under ITB #22-01 (Transmittal, Contract, Bid Doc) pgs 185-188 C. Selection of Island Harbor Custom Builders, LLC for ITB #24-05 Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport (Transmittal, Intent to Award, Tab Sheet) pgs 189-191 D. Selection of Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. for ITB #24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport (Transmittal, Intent to Award, Bid Tab) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Dixon B. Mayor Dodd C. Council Member McPartlan D. Council Member Jones E. Council Member Nunn 5 of 191 17. 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 SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY S ADA COORDINATOR AT 388-8226 — ADA @CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/85265525349 Or One tap mobile: +13052241968„85265525349# US +13092053325„85265525349# US Webinar ID: 852 6552 5349 International numbers available: https://us02web.zoom.us/u/kdr34TEivD 6 of 191 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-24-04 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. Innut 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. Annealing 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. 7 of 191 SEBASTIAN CENTENNIAL CELEBRATION 1914.1011 SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, MARCH 20, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. Reverend Grant Foster, Riverside Church Assembly of God gave the invocation. 3. Council Member Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Deputy City Clerk Catherine Walker Finance Director Ken Killgore Community Development Director Alix Bernard Community Development Manager Dorri Bosworth City Engineer/Stormwater Director Karen Miller Parks and Recreation Director Richard Blankenship Contracts and Procurement Manager Jessica Graham Communications and Social Media Coordinator Avery Joens Airport Manager Jeff Sabo Police Chief Daniel Acosta Police Captain Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 8 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 2 24.062 A. Proclamation — Honorine Laura LaPorte — LaPorte Farms Council Member Jones read and presented a proclamation to Laura LaPorte who has operated a petting zoo in a farm -like setting, located in Indian River County, since 1994. A short video of the fun things to do there showing the variety of animals was played. Council Member Jones thanked her for providing the zoo to the community and he presented her a cupcake for her upcoming birthday. 24.063 B. Proclamation — Dark Skv Week — April 2 to 8, 2024 Mayor Dodd read and presented the proclamation to Patrick Mugan. Mr. Mugan thanked Council for acknowledging light pollution and the risks of excessive light at night. BriefAnnouncements: Friday, March 22 — Chamber of Commerce Concert in the Park — 5:30 p.m. to 8: 00 p.m. (Reckless Shots) Fridav, March 29 — Easter Event at the Twin Piers in Riverview Park Bunny Selfies at 5:30 p.m. Egg Hunt at 6: 45 p.m. Sebastian Police Department Movie Night Out — Peter Rabbit 2: The Runaway Friday, April 5 — Chamber of Commerce Concert in the Park — 5: 30 p.m. to 8: 00 p. m. (SRHS Band) Vice Mayor Dixon announced the upcoming events. Mayor Dodd said the City had a really good turnout in the Centennial tent in Riverview Park this past weekend and encouraged the Council Members to participate in the future Centennial events. 7. PUBLIC INPUT - None 8. Mayor Dodd recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 6:17 p.m. A. MOTION by Mr. Jones and SECOND by Mr. McPartlan to approve the minutes of the January 24, 2024 CRA meeting passed with a unanimous voice vote of 5-0. B. Annual Sebastian CRA Report FY 22/23 (Transmittal, Report) The Community Development Director said before them was the annual report in accordance with Florida Statutes and recommended approval. MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to approve the Annual Sebastian CRA Report for FY 22/23 passed with a unanimous voice vote of 5-0. 9 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 3 9. Chairman Dodd adjourned the Community Redevelopment Agency meeting at 6:18 p.m. and reconvened the City Council meeting. All members were present. 10. CONSENT AGENDA A. Approval of Minutes — February 14, 2024 Regular City Council Meeting B. Approval of Minutes — February 28, 2024 Regular City Council Meeting 24.064 C. Annual Sebastian CRA Report FY 22/23 (Transmittal, Report) 24.065 D. Approval of Amendment to the ADS-B Tower Lease Agreement with L3Harris Technologies (Transmittal, Amendment, Lease) 24.066 E. Alcohol Beverage Approval (Transmittal, Application, Receipt) 24.067 F. Alcohol Beverage Approval (Transmittal, Application, Receipt) MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the Consent Agenda passed with a unanimous voice vote of 5-0. 11. COMMITTEE REPORTS & APPOINTMENTS 24.032 A. Natural Resources Board (Transmittal. Application. List. Advertisement) Mayor Dodd said Mr. Bruggen was an outstanding candidate and he nominated him to serve on the board. Council Member Nunn seconded the nomination. There were no further nominations and Mr. Bruggen was appointed to the Natural Resources Board. 12. PUBLIC HEARINGS 24.068 A. First Readina of Pron_ osed Charter Amendment Ordinances No. 0-24-05 and 0- 24-06 Relatinu to Term Limits and Voting on Council Agenda Items. (Transmittal. 0-24-05.0-24-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE THE TERM OF CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR YEARS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 10 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 4 6:34pm The City Attorney read the titles to Ordinance Nos. 0-24-05 and 0-24-06. Mayor Dodd opened the public hearing at 6:20 p.m. Mayor Dodd cited the following from a revised 2011 Charter Review Committee document: Three Council Members were election in 2023 at the time of the general election in November. Council Members elected in 2023 shall serve until their successors are sworn in after the general election in November, 2026. Three Council Members shall be elected in 2026 and every four years thereafter at the time of the general election in November. He said this added one year to those that were elected in 2023 so they get to 2026 to be in conjunction with the federal election cycle; and then two Council Members shall be elected in 2024 and every four years thereafter at the time of the general election. He proposed that they change the language in the current Charter. Council Member McPartlan asked if it was legal to add an additional year on their terms. Mayor Dodd said it was evaluated by Mr. Ginsburg in 2011 and he determined it was legal noting it was the only way to get to the four year term without off year elections unless they have another off year election in 2025. Council Member McPartlan said he had no problem giving this to the voters. Council Member Jones said when he was on the Charter Review Committee they were trying to do the same thing and found it very difficult to get the overlap in terms to be on a schedule. He noted it costs a lot of money to have an election every year in the City which also prevents continuity; additionally, two years isn't enough time for a new official to understand City operations. Vice Mayor Dixon said she agreed it takes some time to understand how things work but there might not always be people on the dais with the best interest so she wasn't sold on the idea. Council Member Nunn said he was for this; they are giving the citizens the opportunity to decide. Vice Mayor Dixon said after attending many of the Florida League of Cities training conferences, she has found that there are many dysfunctional cities and Sebastian is fortunate to be one of the highest functional Council. She said she would hate to have a bad apple on the dais for four years. Council Member Jones said this should go on the ballot to let the citizens decide and noted that the key is that between the five of them there are ways to handle a bad apple. Mayor Dodd asked the City Attorney if they approved the change, could she work with it aligning the change so there are no "off year" elections. She said she had concerns with affecting terms on the ballot that are not approved by the Charter change yet —making it retroactive for those going on the ballot this fall. 11 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 5 6:42pm The City Attorney asked them to make the changes be in effect for next year. She also reminded them that voters are more likely to say "no" to lengthy a referendum questions. Mayor Dodd said the cost of the off year elections is a driving force and he asked her to work out a transition before the next reading. Council McPartlan said the implementation would be in 2025 for three year terms then they would fall into the four year term. Vicki Drumheller said she supported having four year terms but cautioned them that if they add years to the currently seated Council, if someone doesn't like a current Council Member they will vote against the four year term concept even if they are really for it. She said the referendum should be global and the implementation should come after that. She also asked them to think about term limits because having people in federal office for 20/30/40 years is not always the best thing for the public. It was the consensus of Council that they didn't want to have off year elections. Vice Mayor Dixon suggested having the next three seats to be three years terms to reach the even year election. 2024 — 2026 two members (two year term) 2026 — 2030 two members (four year term) 2025 — 2028 three members (special case three year term) 2028 — 2032 three members (four year term) Mayor Dodd said he would not vote for term limits until they are on a four year cycle. It was discussed that if this passes, the Charter Review Committee could consider term limits in 2025. Council Member McPartlan said some communities are having trouble finding people to run and if things are going well maybe term limits aren't necessary. Terry McGinn asked Council not to make the term limits as narrow as they are proposing as there is a 30 year Indian River County official that has contributed beyond his measure to his community. It was the consensus to wait on the topic of tern limits to see what the state mandates or what the Charter Review Committee decides. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to reach the four year terms, the following terms would be staggered as such: 2024 — 2026 two members (two year term) 2026 — 2030 two members (four year term) 2025 — 2028 three members (special case three year term) 2028 — 2032 three members (four year term) through Ordinance No. 0-24-05 which will have a second reading on April 10'. 12 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 6 Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - nay Motion carried. 4-1 24.068 AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 2.12 OF THE CITY CHARTER TO PROVIDE FOR A MAJORITY VOTE BY THE CITY COUNCIL TO PASS AGENDA ITEMS; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-06 and Mayor Dodd opened the public hearing at 6:52 p.m. Mayor Dodd said this was cleaning up the issue when they only had three people in attendance and they weren't going to be able to pass anything unless the vote was unanimous. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Ordinance No. 0-24-06. Council Member Jones said in essence if only three members were present, two members could decide what is to happen. Previously when there were only three members present, it was an anomaly and if it happens again, they do have the ability to Zoom in and vote as long as there is a quorum in the chambers. He said he didn't see the need to change this Charter provision. Council Member McPartlan said he was in agreement with Council Member Jones. Council Member Nunn said the only situation this puts the requirement of three votes in a different light is when they might disagree and if that happens they could always table the item until the next meeting. He said while he did make the motion, he was going to vote against this. Roll call: Council Member McPartlan - nay Council Member Nunn - nay Mayor Dodd - nay Vice Mayor Dixon - nay Council Member Jones - nay Motion failed. 5-0 13 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 7 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 24.069 A. First Readina of Ordinance No. 0-24-04 — Proposed Land Development Code Amendment — Article III Amendine Sections Relatine to Mobile Food Establishment Operatina Reauirements (Transmittal. Ordinance) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-04. Mayor Dodd said on page 108, item #4 is the gist of what the ordinance does: (4) Mobile food establishments are permitted on each property a maximum of no more than twe three days per calendar week. Council Member Nunn said he was happy with the change because it gives someone the opportunity to work a weekend at a site. Council Member McPartlan asked if the three days mean 72 hours or three business days. Council Member Nunn said that was discussed at the Planning and Zoning meeting where it was clear that the trailer/truck could only be on the property for three days and then must leave the property. The City Manager said Code Enforcement would enforce the provision under the parameter of a complaint from a resident, staff or Code Enforcement being proactive. The Community Development Director advised that they were only changing the one word to stay in compliance with state statute. The City Attorney clarified that there has been some preemption in this regard and the more they changes they make to the ordinance the less likely it is to be upheld. He said it seems that they need something more because if a truck is present Monday, Tuesday, Wednesday then Code Enforcement shows up and they cite the business; they go the next week and Code Enforcement will show up again, then they go to the Special Magistrate, the truck will be there for three months. Council Member Jones said the trailers will be on commercial property so that business owner can enforce the three days. Council Member Nunn said after watching the Planning and Zoning meeting they should be careful in making rules for one business owner problem. 14 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 8 Mayor Dodd noted that a mobile food truck on a commercial property that doesn't move should be part of that commercial site plan which can be cited through a stricter mechanism. He stated he is willing to go with the change. Council Member McPartlan asked if Code Enforcement can be proactive. The City Attorney said a Code Enforcement Officer may not initiate an investigation by way of an anonymous complaint but that doesn't keep them from doing their own investigation. Council Member Jones said this isn't about one business; they started this process last February and he made a MOTION that was SECONDED by Council Member Nunn to approve Ordinance No. 0-24-04. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 24.070 B. First Reading and Public Hearing of Ordinance No. 0-24-07 Relating to Codification of Procedural Matters Relating to Council and Citizen Advisory Boards; Boards: Request to Schedule Second Reading for Public Hearing and Adontion on Anril 10. 2024 (Transmittal. Resolution R-24-02, Proposed Ordinance 0-24-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-24-02; REPEALING RESOLUTION R-24- 02; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-07 and Mayor Dodd opened the public hearing at 7:11 p.m. The City Attorney said this ordinance provides for the use of public comment via Zoom only in the case of emergencies, and Council could use Zoom under extenuating circumstances, and it provided for speaker oath cards. In response to Council Member Nunn, the City Attorney said the public could not use Zoom. Terry McGinn asked if this would eliminate his ability to attend meetings via Zoom. The City Attorney said all public comment would excluded via Zoom. Council Member McPartlan said he was torn because Zoom has brought about engaged citizens. 15 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 9 MOTION by Council Member Nunn to not approve Ordinance No. 0-24-07. Vice Mayor Dixon stated they wanted to keep the speaker oath cards. Council Member Nunn retracted his motion and made a new MOTION that was SECONDED by Council Member Jones to approve 0-24-07 with items 2 and 3 but removing item 1. The second reading would be held April I Ofl . Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 Mayor Dodd said the agenda indicates the next item is 0-24-08 but the agenda backup is related to 0-24-09. It was determined that the agenda backup for 0-24-08 should begin on page 121 and the backup for 0-24-09 should begin on page 130. A recess was called at 7:22 p.m. and upon return at 7:32 p.m. all Council Members were present. A MOTION was made by Mayor Dodd and SECOND by Council Member Nunn to do an agenda modification to move #14C to #14D and move item #14D to #14C passed with an unanimous voice vote. 24.072 D. First Reading and Public Hearing of Ordinance No. 0-24-09 Relating to Codification of Ouasi-Judicial Procedural Matters Relating to Citizen Advisory Boards: Reauest to Schedule Second Reading for Public Hearing and Adoption on April 10. 2024 (Transmittal. R-20-35, Proposed Ordinance 0-24-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-20-35; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE The City Attorney read the title to Ordinance No. 0-24-09. The City Attorney said this ordinance was instigating speaker oath cards and the time limits for the hearings. Mayor Dodd asked if there was a lengthy hearing, would they be able to extend the time limit. The City Attorney said there is a provision that it can be modified by the call of the chair. MOTION by Council Member Jones and SECOND by Vice Mayor Dixon to pass Ordinance No. 0-24-09 on first reading. There was no public input. 16 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 10 Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 24.071 C. First Reading and Public Hearing of Ordinance No. 0-24-08 Relating to Codification of Procedural Matters relating to Citizen Advisory Boards: Request to Schedule Second Reading for Public Hearing and Adoption on ADril 10. 2024 (Transmittal, R-22-15. Proposed Ordinance 0-24-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-22-15; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-08. There were no comments from Council or the public. MOTION by Council Member McPartlan and SECOND by Council Member Jones to pass Ordinance No. 0-24-08 on first reading. Roll call: Council Member Jones - aye Council Member McPardan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.073 E. First Reading and Public Hearing of Ordinance No. 0-24-10, to Amend Sections 2-172 - Removal: and Section 2-173 - Attendance: of the City Code of Ordinances: Request to Schedule Second Reading for Public Hearing and Adoption on ADril 10. 2024 (Transmittal. Proposed Ordinance 0-24-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI - BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-172 - REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. 17 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 1 l 7: 39pm The City Attorney read the title to Ordinance No. 0-24-10. Mayor Dodd asked how the process would work to remove a board member noting as Section (a) reads, the Council Member that appointed the board member could be able to remove the board member. The City Attorney said this ordinance would allow the Council Member that appointed the board member to remove the board member. Mayor Dodd stated the power to remove a board member should come back to the whole Council, not just one Council Member. Council Member Nunn said having the word "nominating" in section (a) confuses the issue. The City Attorney said she could amend the language so the intent would only apply to single appointment to boards and (b) would apply to removal by Council. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to amend the language as suggested by the City Attorney. There was no public input. Council Member Jones added the second reading would be held April 10''. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 24.074 F. Resolution R-24-12. Parking In Lieu Agreement for 1660 Indian River Drive, Souid Lius Restaurant & Fins Marina (Transmittal. Resolution R-24-12, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT, AND COVENANT RUNNING WITH THE LAND, FOR CAPITAL MORTGAGE SERVICES, LLC, OWNER OF PROPERTY LOCATED AT 1660 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS, AND SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-24-12. Mayor Dodd noted the worksheet indicates a parking space is $5,031 and he asked the City Manager if that comes out to the actual cost. The City Manager advised that the amount did include extra for the stamped paving and explained that if staff did the work it would be considerably greater because the company already has resources mobilized on site. Mayor Dodd asked to bring back the "parking in lieu of resolution" because $3,200 doesn't seem like it's enough for a space. The City Manager advised that staff planned to do that. 18 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 12 MOTION by Council Member Nunn and SECOND by Council Member Jones to approve Resolution No. R-24-12. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 24.051 G. ADDroval of Resolution R-24-13 Authorizing Staff to ADDIv for a Florida Inland Navisation District Grant for the Design of Riverview Park Renovations in the Amount Of $50,000 ( Transmittal, Resolution R-24-13) Resolution R-24-13 for Assistance 2024 under the Florida Inland Navigation District Waterways Assistance Program to Plan and Design the Renovations and Upgrades to Riverview Park The City Attorney announced that Resolution No. R-24-13 was to authorize staff to apply for a Florida Inland Navigation District Grant for the design of Riverview Park renovations in the amount of $50,000. There was no public input. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-13. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 24.075 H. ADoroval of Resolution R-24-14 Authorizins? Staff to ADDIv for a Florida Inland Navip-ation District Grant for the Desien and Implementation of Shoreline Stabilization at the Main Street Boat RamD and the Area South Referred to as Bench and Swine Park in the Amount of $50.000 (Transmittal, Resolution R-24- Resolution R-24-14 for Assistance 2024 under the Florida Inland Navigation District Waterways Assistance Program to Plan and Design the Shoreline Stabilization of Main Street Boat Ramp and Park The City Attorney announced that Resolution No. R-24-14 was to authorize staff to apply for a Florida Inland Navigation District grant for the design and implementation of shoreline stabilization at the Main Street Boat Ramp and the area south referred to as Bench and Swing Park in the Amount of $50,000. 19 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 13 MOTION by Council Member Jones and SECOND by Council Member Nunn to approve Resolution No. R-24-14. There was no public input. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 24.076 I. Approval of Resolution R-24-15 Authorizing Staff to Apply for a Florida Inland Navigation District Grant for the Replacement of the Dry Line Fire Suppression System at the Working_ Waterfront Dock in the Amount of $25.000 (Transmittal, Resolution R-24-15) Resolution R-24-15 for Assistance 2024 under the Florida Inland Navigation District Waterways Assistance Program to Replace the Dry Line Fire Suppression at Working Waterfront Dock The City Attorney announced that Resolution No. R-24-15 was to authorize staff to apply for a Florida Inland Navigation District grant for the replacement of the dry line fire suppression system at the Working Waterfront Dock in the amount of $25,000. There was no public input. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-15. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.017 J. Annroval of Resolution R-24-16 Authorizing Staff to ADDIv for a Florida Inland Navigation District Grant for Design and Installation of a Fire Suppression System for the Law Enforcement Dock at the Twin Piers in the Amount of $40.000 (Transmittal. Resolution R-24-16) Resolution R-24-16 for Assistance 2024 under the Florida Inland Navigation District Waterways Assistance Program for the Installation of Dry Line Fire Suppression at the Law Enforcement Dock The City Attorney announced that Resolution No. R-24-16 was to authorize staff to apply for a Florida Inland Navigation District grant for the design and installation of a fire 20 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 14 suppression system for the Law Enforcement Dock at the Twin Piers in the amount of $40,000. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-16. There was no public input. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 24.077 K. ADDroval of Resolution R-24-17 Authorizing Staff to ADnly for a Florida Inland Navigation District (FIND) — Waterways Assistance Program — Restoration of the Stan Mavfield Working Waterfront Collaborative (Transmittal. Resolution R-24- Resolution R-24-17 for Assistance 2024 under the Florida Inland Navigation District Waterways Assistance Program for the revision of structural engineering cost estimates, which were created in 2021, as well as the engineering and architectural drawings. The City Attorney announced that Resolution No. R-24-17 was to authorize staff to apply for a Florida Inland Navigation District Waterways Assistance Program grant from the Stan Mayfield Working Waterfront Collaborative. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 24.017 L. ADnroval of Resolution R-24-18 Authorizing Staff to ADDIv for a Florida Inland Navigation District (FIND) Waterways Assistance Program Grant in the Amount of uD to $125.000 for the Purchase of a Police Patrol Boat and Authorize the City Manager to Execute all At)=Driate Documents (Transmittal. Resolution R-24- 18) Resolution R-14-18 for Assistance 2024 Under The Florida Inland Navigation District Waterways Assistance Program to purchase a 29' Fluid Watercraft Rigid Inflatable Boat (RHIB) with Twin 225hp Mercury Engines, Simrad NSS12 GPD, Additional Accessories, and an Aluminum Del -Axle Trailer with Brakes The City Attorney announced that Resolution No. R-24-18 was to authorize staff to apply for a Florida Inland Navigation District Waterways Assistance Grant in the amount of up to $125,000 for the purchase of a police patrol boat and authorize the City Manager to 21 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 15 execute all appropriate documents. Mayor Dodd noted we haven't had an officer on the water for quite a while and this will make us the primary response force to the inlet. He said purchasing the boat is a great public safety issue. Council Member Jones added that an officer from each shift will be trained to go out on the boat. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-18. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 24.051 M. Aunroval Of CSA #7 for Planning Services to Update the Master Plan Concept for Riverview Park Under an Existing Consultant Services Agreement with Kimlev-Horn and Associates. Inc. (Transmittal, CSA#7) The City Manager said staff was hopeful to receive some grant funding for this proposal to help look at a master plan for Riverview Park. He said Kimley-Horn will take some ideas from the previous Riverview Park plan but staff hopes to build off of a new plan. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve CSA #7 with Kimley-Horn and Associates. There was no public input. Council Member McPartlan said public input will be paramount to this and suggested that sending out post cards will help. He noted this park design will be for the next 100 years. Vice Mayor Dixon said the Communications Director will be a big help with this. Mayor Dodd suggested that Kimley-Horn attend a Chamber of Commerce meeting to attract the citizens or they send out a post card with the meeting times. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 24.060 N. ADnrove Additional Funding and Purchase Order for 2022 Citvwide Swale Improvements in Coniunction with Roadwav Reuaving Agreement with Colon LandscaDing, Inc. (Transmittal, Estimate, Bid Sheet) 22 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 16 The City Manager said this was to improve the swale along Schumann Drive from the canal to Barber Street. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the purchase order for swale improvements with Colon Landscaping, Inc. There was no public input. The City Engineer advised that staff completes the swale work first followed by the road work. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.078 0. At)t)roval For Shenandoah Slit) Lining at Three Locations Throughout the City (Transmittal. Proposals. Agreement) The City Engineer said some of these repairs come through the Citizens Request Hotline and the other through their swale work. She displayed photos of the failed pipes and how they are affecting the road on the overhead and described slip lining process. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the Shenandoah slip lining of the pipes. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 24.079 P. Resolution Accepting the 40' Quarter Financial Report and Recognizing Necessary Amendments and AdiustmeTts to the FY 2022-2023 Annual Budget (Transmittal. R-24-11 & Exhibit "A". 4 Ouarter Financial Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 23 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 17 The Finance Director said this was presented to the Citizens Budget Review Advisory Board on March 4`h. The City Attorney read the title to Resolution No. R-24-11. The Finance Director said the exhibit attached to the resolution includes all of the budget changes made during the 4t' quarter that were approved by Council except the four transfers from the R & R Account to cover some unexpected costs such as air conditioner repairs and fencing at Friendship Park. He said the General Fund is 6.8% above the projections in revenues from last year and the spending from all departments were only 92.6% which is very, very well provided the opportunity to add to the Reserve Balances. The Stormwater Fund came in with higher reserves but cautioned that there is unspent project money that will be reallocated this year. The Airport Fund and Golf Course also came in with higher reserves. The Building Fund was very close with what he projected for them as well. He said that he provides summary pages so they may understand where the City stands; one of the summary pages includes a capital projects report. He reported that most of the prior year projects are almost complete. He said that he also included information on the City's cash money, inter fund loans and reports from the various departments. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-11 and the 4th Quarter Financial Report. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 24.080 Q. City Owned Surnlus Pronertv and Workforce Housing (Transmittal) The City Manager said in discussions with Council, staff has had a few meetings on how we can increase the workforce housing supply within the City limits and at this point he would like Council direction. He asked if they would like staff to work with a non-profit directly or issue a RFQ to solicit from the home building community as a whole; or have staff explore the different ways the properties are transferred to home builders; and finally would they like to discuss the 96 properties that are available or have staff make recommendations. 24 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 18 Council Member McPartlan said the only way for affordable housing to work is to have a non- profit to do it because they can obtain federal funds. With Habitat for Humanity, it is possible to allow a Sebastian employee, then Sebastian resident, and then an Indian River County resident be eligible for the City's lots. He said they could do a request for qualifications to see if someone can do better than Habitat. Vice Mayor Dixon said this was a great idea and she agreed that the lots should be for Sebastian residents. Mayor Dodd said given what the County recently experienced in trying to build workforce housing, his preference would be to stay with the non -profits and try to work something out with Habitat for Humanity. He said he was willing to throw in all of the surplus lots. Council Member Nunn said when the County went out for builders the prices were crazy and upon the second solicitation for builders, Habitat was the only one that could do it for the price that they did. He also said Habitat has protections for when the home is sold and access to down payment grants. He said he agreed that they should donate the property but he would be concerned using property that was donated for environmental use. The City Manager confirmed the consensus of Council was to work directly with Habitat to form a plan, make sure the City has the properties we need, make sure Habitat was on board with the City's priority levels and bring some lots back to Council for approval. Council Member McPartlan asked that someone come to speak to them about Habitat's grants and low interest loans for home repair. 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS The City Manager announced the Strategic Plan Workshop Training is scheduled for April 2 from 9 a.m. to 11:00 a.m. With regard to the Florida Department of Transportation (FDOT) Road Repaving Project, he said that he appreciated that FDOT did most of the work at night and it is 95% complete; they are currently doing the public parking spaces. He said there is a storm drainage area at the intersection of eastbound CR512 and US 1 in the right hand turn lane that is 4-6 inches below the pavement. He has been advised by FDOT's engineering firm that simply elevating the structure will not satisfactorily solve the matter of flooding which leads to the necessity of redesigning the area and possible reconstruction of the intersection which falls outside of the firm's current contract and budget. The City Manager said he would work with FDOT to move this along. He reminded everyone that the City's social media has greatly improved and he hopes entice more public engagement by giving away Centennial souvenirs. He also said he was working on a newsletter to be released digitally in the coming weeks. 25 of 191 Regular City Council & CRA Meeting March 20, 2024 Page 19 17. CITY CLERK MATTERS The City Clerk said it was fun to sell the Centennial merchandise this past weekend and speak to all of the residents. 18. CITY COUNCIL MATTERS A. Council Member Nunn - None B. Vice Mayor Dixon Vice Mayor Dixon thanked the Social Media Coordinator for all of the work she is doing with the social media. She also thanked the Parks and Recreation Department for their work on Creative Playground. C. Council Member Dodd - None D. Council Member McPartlan He said the Social Media Coordinator is doing a great job and he was glad about the newsletter coming out because there is a segment of the population that doesn't do social media or the internet. He said people have been passing him on Barber Street and someone has contacted him about ducks being killed by Easy Street Park. He suggested having a 25 mph speed limit around the parks. Council Member Jones said even if the limit was 30 mph it wouldn't make a difference for those going 60 mph. E. Council Member Jones - None 19. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:46 p.m. Approved at the April 10, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST.• Jeanette Williams, City Clerk 26 of 191 SEBASTIAN2I M-MI CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: April 10, 2024 Agenda Item Title: City Council Approval of Resolution R-24-19 approving a piggyback for grant management services with RMPK Funding, Inc. Recommendation: Staff Recommends Approval of R-24-19 approving a piggyback for grant management services with RMPK Funding, Inc. and approval of execution by the City Manager. Background: RMPK Funding, Inc. has an existing contract under the City of Oakland Park, Florida effective through March 15, 2026 (with two (2) additional three (3) year renewal periods) that the City of Sebastian is seeking to piggyback. The piggyback will be used for grant management services (i.e. researching grant opportunities, preparing and submitting applications, and acting as a liaison between the City and awarding agency). It is in the City's best interest to enter into an agreement to with RMPK Funding, Inc. to seek supplemental funding to accomplish the City's vision. Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10 grant the City authority to piggyback the purchase of goods and services as a form of inter -governmental cooperative purchasing. In cooperative purchasing, public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions. This allows smaller agencies to take advantage of the better pricing that large purchasers are able to obtain and reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.). Staff is seeking approval of execution of the piggyback agreement with RMPK Funding, Inc., for grant management services as outlined above, and for approval of the execution of the agreement by the City Manager If Agenda Item Reouires Expenditure of Funds: Budgeted Amount: TBD Total Cost: TBD Funds to Be Utilized for Appropriation: Parks and Recreation General Fund Operating Budget Attachments: 1. R-24-19 RMPK Funding Resolution 2. Exhibit A - R-2023-050 - Award of Grant Management Services - City of Oakland Park Agreement 3. Exhibit B - City of Sebastian Piggyback Agreement Administrative Services Department Review City Attorney Review - Procurement Divisioif applicable: City Manager Authorization: Date: --�% , •to�Y - - - i .I 27 of 191 RESOLUTION NO. R-24-19 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH RMPK FUNDING, INC. FOR THE PURCHASE OF GRANT MANAGEMENT SERVICES; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10, provide that, whenever advantageous and in the best interests of the City of Sebastian, the City may utilize bids that have been awarded or under contract by the state, county or other governmental agencies; and WHEREAS, RMPK Funding, Inc. has an existing contract under the City of Oakland Park, Florida effective through March 15, 2026 (with two (2) additional three (3) year renewal periods), attached as "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the above referenced grant management services; and WHEREAS, the City finds it is in the City's best interest to enter into an agreement to contract between RMPK Funding, Inc. and the City of Oakland Park, Florida (a political subdivision of the State of Florida), attached as "Exhibit B," for the purchase of grant management services when advantageous to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf the City to issue purchase order to RMPK Funding, Inc. in an amount not to exceed $15,000, for the purchase of grant management services and in substantial conformity with the agreement attached hereto as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B." 1 28 of 191 SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 2024. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA ATTEST.• Jeanette Williams, City Clerk 2 Ed Dodd, Mayor Approved as to form and Legality: Jennifer Cockcroft, Esq., City Attorney 29 of 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 EXHIBIT A RESOLUTION NO. R-2023-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, DETERMINING THAT RMPK FUNDING IS THE MOST RESPONSIVE AND MOST RESPONSIBLE PROPOSER FOR GRANT MANAGEMENT SERVICES BASED ON THE TERMS OF RFP #012623; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITV; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has sought competitive proposers for grant management services based on the terms of RFP #012623; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, THAT: SECTION 1. The foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. All exhibits attached hereto are hereby incorporated herein. SECTION 2. 1'he City Commission of the City of Oakland Park, Florida hereby accepts the recommendation as submitted by City's Staff and determines that RMPK FUNDING is the most responsible and most responsive proposer grant management services based on the terms of RFP #012623. SECTION 3. The City Commission of the City of Oakland Park, Florida hereby approves and authorizes the appropriate City officials to execute a contract with RMPK FUNDING for grant management services based on the terms of RFP #012623 and authorizes expenditures in excess of $25,000.00 each contract year for grant applications as needed; A copy of the contract is attached hereto as Exhibit "A". SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and the same are repealed to the extent of'such conflict. SECTION 5. if any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Resolution. SECTION 6. This Resolution shall become effective immediately upon its passage and adoption. Page I of 2 30 of 191 1 2 3 4 5 6 7 8 9 10 II I� 14 1� 10 17 is 19 20 21 22 23 24 25 26 ADOPTED by the City Commission of* the City ol'Oakland Park, Florida this 15"' day of March 2023. ATTEST: RE E M. SHROUT, CMC CITY CLERK CITY OF OAKLAND PARK, FLORIDA MA A1SHA CORDON M. ROSENWALD 1'. LONERGAN S. ARNST L. NEWBOLD A.GORDON Page 2 oi'2 YES YES YES YES YES 31 of 191 A�o`VwK41ArG r ti �OK10* City of Oakland Park 3650 NE 1211 Avenue Oakland Park, FL 33334 AGREEMENT for GRANT MANAGEMENT SERVICES THIS IS AN AGREEMENT made and entered into this /y " day of 141Wh , 2023, by and between: The CITY OF OAKLAND PARK, FLORIDA acting herein through its City Manager, hereinafter called "CITY" and RMPK FUNDING, INC. doing business as a provider of grant management services, hereinafter called "CONSULTANT". CITY and CONSULTANT may hereinafter be referred to as the "Parties". WITNESSETH; WHEREAS, the CITY desires to engage the services of CONSULTANT to provide grant management services to enable the City to leverage local public finds to help the City find and apply for funding for a variety of uses. including community planning, technical assistance, research, and capital infrastructure projects. Related services include assist in researching and identifying potential grant opportunities, providing strategic grant writing services associated with the completion and submission of grant applications, technical assistance and program administration services, and management of grants throughout their lifecycles. WHEREAS. All terms, conditions, and provisions of Request for Proposals (RFP) #012623, Grant Managemeni Services. are incorporated herein by reference as Exhibit A made a specific part hereof NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable considerations, the Parties do mutually covenant and agree with each other as follows: ARTICLE 1 COMPENSATION In accordance with the Proposal, the Consultant shall supply personnel to perform required tasks and be compensated in accordance with the annual fee to be paid on a quarterly basis, which is incorporated herein. ARTICLE Il TERM AND CANCELLATION The term of this Agreement is THREE (3) years commencing on the effective date of the resulting agreement. The contract may be renewed for TWO (2) additional THREE (3) year periods under the same terms and conditions, if mutually agreed upon by both parties. ??- 2023- 060 32 of 191 In the event delivery/service is scheduled to end because of the expiration of this contract, CONSULTANT shall continue to deliver/service upon the request of the Contract Administrator. The extension period shall not extend for more than 90 days beyond the expiration date of the existing contract. The Consultant shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. If it is determined that it is in the best interest of either party of the Agreement to terminate this Agreement prior to the expiration date, for cause, a thirty (30) calendar day written notice shall be given by the party wishing to terminate this Agreement. ARTICLE III GENERAL PROVISIONS It is understood and agreed that this Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and that the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. This document may be executed in counterparts each of which shall be deemed to be a duplicate original. This Agreement is executed and is to be performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. In connection with any conflict arising out of this Agreement, the Parties hereto agree to mediate the dispute prior to instituting any litigation in connection with this Agreement. The mediator shall be an individual agreed to by all parties. All costs of mediation shall be shared equally by the parties and the mediation shall be initiated within thirty (30) days of the conflict being expressed in writing by either party. In the event of litigation arising out of this Agreement, including any administration, trial level, or appellate proceedings, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorney's fee and paralegal costs. If any clause, section or other part or application of this Agreement shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission to the receiving party, addressed to the following individuals: CITY: City of Oakland Park, Florida David Hebert, City Manager 3650 NE 121' Avenue Oakland Park, FL 33334 33 of 191 COPY TO: Donald J. Doody, City Attorney Goren, Cherof, Doody & Ezrol. P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 FAX: (954) 771-4923 CONSULTANT: RMPK FUNDING, INC. 601 Heritage Drive, #402 Jupiter, FL 33458 Ryan A. Ruskay, President rruskavfM rm ok fund i ne.cont Indemnification. Consultant agrees to indemnify and save harmless the CITY, its public officials, agents, servants and employees harmless from and against any and all claims arising out of or in any way connected with the willful misconduct or negligence of the contractor, or its employees and to carry at its own expense policies of insurance described in RFP #012623 to protect the CITY and its interests from such actions of the consultant or sub- contractors. Consultant further agrees to reimburse CITY for any and all court costs and other expenses, including reasonable attorney's fees incurred by CITY in defending any action, at both the trial and appellate levels, including paralegal expenses associated therewith, brought against CITY for injury or damage claimed to have been suffered as a result of or in any way connected with contractor's willful misconduct or negligence or that of its employees. Governing Law: Venue. This Agreement is executed and is to be performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal proceeding commenced with respect to the performance of the Parties' obligations pursuant to this Agreement shall be in a court of competent jurisdiction located in Broward County, Florida. Non-Discrimination/Equal Emnlovment Onnortunity and Americans with Disabilities Act. Consultant shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Consultant shall aff innatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by this Agreement, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONSULTANT shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terns and conditions of employment, training (including apprenticeship) and accessibility. Consultant's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, gender identity, gender expression, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Consultant shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 162) in performing any services pursuant to this Agreement. Public Records. The City of Oakland Park is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 34 of 191 I. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the inforntation technology systems of the agency. The failure of Consultant to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in ARTICLE II. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT Renee M. Shrout, CIVIC, City Clerk City of Oakland Park 3650 NE 12th Avenue Oakland Park, FL 33334 9-54-630-4298 ReneeS(&Oakland Pa rkF L.i!ov Scrutinized Companies - Consultant must certify that the company is not participating in a boycott of Israel. Consultant must also certify that Consultant is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision ofgoods or services with any scrutinized company referred to above. Consultant must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. E-Verifv - Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all 4 35 of 191 newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City; and c. By entering into a Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of (lie contract. Failure to comply will lead to termination of (Iris Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. if t contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of I year after the date of termination. Tile Contractor acknowledges it is liable to the City for any additional costs as a result of termination of the contract due to Contractor's failure to comply with the provisions herein. Ethics and Conflict of Interest - CONSULTANT shall avoid all conflicts of interests, as well as appearances of conflicts of interests, throughout the term of this Agreement. CONSULTANT shall not at any time during the term of this Agreement represent any party seeking approvals, permits, or licenses, of any kind from the City. Nothing set forth in this Agreement shall preclude or limit CONSULTANT's ability to engage in outside work or employment which is not in conflict with the duties and responsibilities set forth herein. 36 of 191 AGREEMENT: IN WITNESS WHEREOF, the parties to these presents have executed this contract in two (2) counterparts, each of which shall be deemed an original, in the Year and Day first mentioned above. AT T: j keee Shrout, City Clerk IQ ZUZ.S• Kc (SEAL) APPROV -S TO GAL F f Donald . D y, City mey WITNESS BY: By :-kvgqb STATE: Fl o ri"L COUNTY: Pa J04 BeiLct., CITY OF fs 4KLA" PARK Manager CONSULTANT: RMPK FUNDING, INC. By: Title: lrcs2ideni`�� Sworn to (or of iirnied) and subscribed before me this 14i6j day of MarcA, , 20 23 , by: PuyQ,,--Rtx Ka Name of Person Making StatemAt ANNA BONJOUR Signature g1*N aryPublic Notef0WHItMeW`StlFiiorids Commission M HH 250947 AtA1n out My Commission Expires of Notary Public ( Printed, Stamped) April07.2026 ry Personally Known OR Type of Identification Produced: Identification Produced: 6 37 of 191 1A.14 M-31_ PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND RMPK FUNDING INC. THIS AGREEMENT is made and entered into on lCdwAry 2, 0#4 2024 by the City of Sebastian, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and RMPK Funding Inc., (hereinafter "VENDOR"). WHEREAS, the City of Oakland Park, FL has previously entered into a contract with Vendor to provide grant management services on March 15, 2023 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by the City of Oakland Park, FL to provide grant management services and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter- governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terns and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS. the City of Sebastian has determined that in this circwnstance, piggybacking onto a contract entered into by the City of Oakland Park, FL is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terns, and provisions contained herein, the parties agree as lbllows: i . TERM The initial term shall be for two (2) years for services subject to renewal or extension in one year increments by agreement of the parties in writing. 1 38 of 191 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the City of Oakland Park. FL and Vendor referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: CITY: Rvan Ruskay. President Brian Benton, City Manager RMPK FUNDING, Inc. City of Sebastian 601 Heritage Dr. #402 1225 Main Street Jupiter, FL 33458 Sebastian, FL 32958 4. PUBLIC RECORDS IF THE CONTRACTOR I-IAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK: JEANETTE WILLIAMS 1225 MAIN ST SEBASTIAN, FL 32958 (772) 388-8215 J W I LLIAM SnCITYOFSEBASI'I AN.ORG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy 2 39 of 191 any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a fionnat that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. Attest: / 4ty4CIcrk Approved as to fonn & locality i C'it. � torncy CITY OF SEBASTIAN X— & - Brian Benton, City Manager Date: 3 40 of 191 V I;,Ai HE3f yhatur %1 !!Ryan Ruskay Printed Name "Title: President Date: -?��r- S"I A] E OF FLORIDA COUN"I Y OF —�1M AoUll The foregoing instrument was acknowledged before me on this -12�1%day of Fy 6rvAr•, 2024, b) as Fr sib 4T1 of RMPK Funding. 1. Ile is rsonally known to _ or has produced his/her driver's license. or his her as identification, and did/did not take an oath. Seal: a ,,, Notary Public. State Florida My Commission expires: r,j loZ (z ANNA BONJOUR �p *;Notary Public-Stato of Florida Commission M HH 250947 ;moo My Commission Expires April 07, 2026 4 41 of 191 EXHIBIT A CITY OF OAKLAND PARK CONTRACT 42 of 191 I RESOLUTION NO. R-2023-050 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 OAKLAND PARK, FLORIDA, DETERMINING THAT RMPK 5 FUNDING IS THE MOST RESPONSIVE AND MOST 6 RESPONSIBLE PROPOSER FOR GRANT MANAGEMENT 7 SERVICES BASED ON THE TERMS OF RFP #012623; 8 PROVIDING FOR CONFLICTS; PROVIDING FOR 9 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City has sought competitive proposers for grant management 12 services based on the terms of RFP #012623; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 15 OF THE CITY OF OAKLAND PARK, FLORIDA, THAT: 16 17 SECTION 1. The foregoing "WHEREAS" clause is true and correct and hereby 18 ratified and confirmed by the City Commission. All exhibits attached hereto are hereby 19 incorporated herein. 20 21 SECTION 2. The City Commission of the City of Oakland Park, Florida hereby 22 accepts the recommendation as submitted by City's Staff and determines that RMPK 23 FUNDING is the most responsible and most responsive proposer grant management 24 services based on the terms of RFP #012623. 25 26 SECTION 3. The City Commission of the City of Oakland Park, Florida hereby 27 approves and authorizes the appropriate City officials to execute a contract with RMPK 28 FUNDING for grant management services based on the terms of RFP #012623 and 29 authorizes expenditures in excess of $25,000.00 each contract year for grant applications 30 as needed; A copy of the contract is attached hereto as Exhibit "A". 31 32 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and 33 the same are repealed to the extent of such conflict. 34 35 SECTION 5. If any clause, section or other part of this Resolution shall be held 36 by any court of competent jurisdiction to be unconstitutional or invalid, such 37 unconstitutional or invalid part shall be considered as eliminated and in no way effecting 38 the validity of the other provisions of this Resolution. 39 40 SECTION 6. This Resolution shall become effective immediately upon its 41 passage and adoption. Page 1 of 2 43 of 191 1 i 4 0 7 8 9 10 11 12 13 14 IZ, 10 17 18 19 20 21 22 23 74 25 26 ADOPTED bN the Cit? (commission ofthe Cite ol'Oakland I'ark. Florida this 15"' day of March 2023. Alf,, 41-L-r Rtkl-, M. Sl Ilml i'I.. ('M(. CITY CIT-RK CI I )'()I- OAKI.ANI) VARK. ITORIDA MAY AISI IA GORDON M. ROSENWALD YES_ I'. LONERGAN YES S. ARNST YES I.. Nl:\h'13Ul.1) YES A. CORDON YES Vage 2 of 44 of 191 Ci(y of Oakland Park 3651) NE 12,h Avenue Oakland Park, FI.33334 ACREEMENT for GRANT MANM;EMENT SERVICES � t� 'I 'I I I S IS AN A6R1:I:MI-NT made and entered into this A) _ day of_ 4041 _. 2023, by and between: The CITY OF OAKLAND PARK, FLORIDA acting herein through its Cily Manager, hereinafer called "CITY" and RMPK FUNDING. INC. doing husiness as a provider of grant management services, hereinafer called "CONSULTANT". CITY and CONSULTANT may hereinafter he referred to as the "Parties". WITNESSETH: Will- * REAS. the CITY desires to engage the services of CONSULTANT to provide grant management services to enablthe City to leverage local public funds to help the City find and apply for funding for it variety of uses, including community planning, technical assistance, research, and capital infrastructure projects. Related services include assist in researching and identifying potential grant opportunities, providing strategic grant writing services associated with the completion and submission of grant applications, technical assistance and program administration services, and management of grants throughout their lifecycles. WIII MAS. All terms, conditions, and provisions of Request liar Proposals (RFP) #012623, Grant Management Services. are incorporated herein by reference as Exhibit A made a specific part hereof. NOW '111FRI-TORF, in consideration of the promises, the mutual covenants, conditions, piovisionts ;nut undertakings herein contained, and fix other good and valuable considerations, the Parties do ntnw;1ll% 01%ciwill and agree Willi each other as Follows: ARTICLE I COMPENSATION In accordance with the Proposal, the C'onsullant shall supply personnel to perlixm required tasks and be compensated in accordance with the annual fee to be paid on it quarterly basis. which is incorporated herein. ARTICLE 11 TERM AND CANCELLATION I he term of this Agreement is 'I I IRI E (3) years commencing on the elTective date of the resulting agreement. The contract may he renewed for TWO (2) additional 'I I IRIT (3) year periods under the same terms and conditions, it mutually agreed upon by both parties. fi' 2023-&i0 45 of 191 in the event delivery/service is scheduled to end because of the expiration of this contract, CONSULTANT shall continue to deliver/service upon the request of the Contract Administrator. The extension period shall not extend for more than 90 days beyond the expiration date of the existing contract. The Consultant shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. If it is determined that it is in the best interest of either party of the Agreement to terminate this Agreement prior to the expiration date, for cause, a thirty (30) calendar day written notice shall be given by the party wishing to terminate this Agreement. ARTICLE III GENERAL PROVISIONS It is understood and agreed that this Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and that the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration of the terns or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. This document may be executed in counterparts each of which shall be deemed to be a duplicate original. This Agreement is executed and is to be performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. In connection with any conflict arising out of this Agreement, the Parties hereto agree to mediate the dispute prior to instituting any litigation in connection with this Agreement. The mediator shall be an individual agreed to by all parties. All costs of mediation shall be shared equally by the parties and the mediation shall be initiated within thirty (30) days of the conflict being expressed in writing by either party. In the event of litigation arising out of this Agreement, including any administration, trial level, or appellate proceedings, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorney's fee and paralegal costs. If any clause, section or other part or application of this Agreement shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications retraining in full force and effect. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission to the receiving party, addressed to the following individuals: CITY: City of Oakland Park, Florida David Hebert, City Manager 3650 NE 1214 Avenue Oakland Park, FL 33334 46 of 191 COPY TO: Donald J. Doody. City Attorney Goren. C'herof. Doody K lizrol. P.A. 3099 East Commercial Boulevard, Suite 200 Tort Lauderdale, Florida 33308 Telephone: (954) 771-4500 FAX: (954) 771-4923 CONSULTANT: RMPK FUNDING. INC. 601 1 leritage Drive, N402 Jupiter. FI, 33458 Ryan A. Ruskay. President t't'llskavlQirnlnkf undinL'.cl)m Indemnification. Consultant agrees to indemnify and save harmless the CITY, its public officials. agents, servants and employees harmless from and against any and all claims arising out of or in any way connected with the willful misconduct or negligence of the contractor, or its employees and to carry at its own expense policies of insurance described in RIP #012623 to protect the CITY and its interests from such actions of the consultant or sub- contractors. Consultant further agrees to reimburse CITY for any and all court costs and other expenses, including reasonable attorneys fees incurred by CITY in defending any action, at both the trial and appellate levels, including paralegal expenses associated therewith, brought against CITY for injury or damage claimed to have been suffered as a result of oa in any way connected with contractor's willful misconduct or negligence or that of its employees. Governing; Law: Venue 'I his Agreement is executed and is to he perfornied in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal proceeding commenced with respect to the perforn)ance of the Parties' obligations pursuant to this Agreement shall be in a court of competent jurisdiction located in Broward County. Florida. Nun-Discrimination/Caual Emolovment Onnortunity and Americans with Disabilities Act. Consultant shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Consultant shall aff irntatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by this Agreement, including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition. CONSULTANT shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not he limited to, the following: employment, upgrading, demotion, transfer. recruitment or recruitment advertising, layoff. termination, rates of pay, other forms of compensation. terms and conditions of employment. training (including apprenticeship) and accessibility. Consultant's decisions regarding the delivery of services under this Agreement shall he made without regard to ur consideration of race, age, religion, color, gender, sexual orientation, gender identity. gender expression. national origin. marital status, physical or n)ental disability. political affiliation, or any other factor %� hicl) cannot be lawfully used as a basis I'or service delivery. Consultant shall not engage in or commit any discriminatory practice in violation of the Broward County I luman Rights Act (Broward County Code, Chapter 162) in performing any services pursuant to this Agreement. Pul)lic Records. The City of Oakland Park is it public agency sunject to chapter 119, Florida Statutes. I'he Consultant shall comply with Florida's Public Records Law. Specifically. the Consultant shall: 47 of 191 I. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service: 2. Provide the public %%ith access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law: 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the consultant upon tern►ination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a formal that is compatible with the information technology systems of the agency. The failure of Consultant to comply with the provisions set f'otlh in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in ARTICLE 11. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT Renee M. Shrout, CMC, City Clerk City of Oakland Park 3650 NE 12th Avenue Oakland Park, FL 33334 954-630-4298 IteneeS(d)OaklandParkFL. gtty Scrutinized Comnanies - Consultant must certify that the company is not participating in a boycott of Israel. Consultant must also certify that Consultant is not on the Scrutinized Companies that Boycott Israel list. not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision ofgoods or services with any scrutinized company referred to above. Consultant must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. 'I he City shall provide notice, in writing, to the Consultant of the City's determination concerning the raise certification. The Consultant shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Consultant shall have ninety (90) days following receipt ofilte notice to respond in writing and demonstrate that the determination of false certification was made in error. II' the Consultant does not demonstrate that the C'ity's determination of false certification was made in error then the Chy shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135. I•lorida Statutes, as amended from time to lime. L-Verify - Effective January I. 2021. public and private employers, contractor% and subcontractors will begin required registration with, and use of the F-verify system in order to verify the work aulhorization status of all 48 of 191 newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City; and c. By entering into a Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. If t contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of l year after the date of termination. The Contractor acknowledges it is liable to the City for any additional costs as a result of termination of the contract due to Contractor's failure to comply with the provisions herein. Ethics and Conflict of Interest - CONSULTANT shall avoid all conflicts of interests, as well as appearances of conflicts of interests, throughout the term of this Agreement. CONSULTANT shall not at any time during the term of this Agreement represent any party seeking approvals, permits, or licenses, of any kind from the City. Nothing set forth in this Agreement shall preclude or limit CONSULTANT's ability to engage in outside work or employment which is not in conflict with the duties and responsibilities set forth herein. s 49 of 191 AGREEMENT: IN WITNESS WHEREOF, the panics to these presents have executed this contract to two (2) counterparts, each of which shall be deemed an original, in the Year and Day first mentioned above. 9S: rout, City Clerk (SEAL) APPROV -AS TO GA1, F M: f Donald . Dpody, City Att6mcy WITNESS BY: By:.'41i11'�1. ^ CITY OF 04KIAr" PARK Manager CONSULTANT: RNIPK FUNDING, INC. By. eside Title: resident STATE: Flor;A COUNTY: P l,a,T �g Sworn to (or affinned) and subscribed before me this I Lfi4 __day of . 20 23 , by: R+. am Puy _MQ_fe(A r Marne of Perron A4akLng Staten lit ANNA BONJOUR au� &uetL p�a� Signanrn• nj Aiery Public _NorarVIW8111061'atd-'d[laorids •_ Commission • HH 250847 AN My Commission Expires April 07, 2028p Name nJ Notary Puhlie• (T)TA. Printrd, Stungreef) Personally Known:,�_X OR Identification Produced: Type of Identification Produced: 6 50 of 191 All in SEBASTIAN (1Ni1NN111 (t111117109 i+u •• 111( -. CITY COUNCIL AGENDA TRANSMITTAL Council Meetint Date: April 10, 2024 Agenda Item Title: Approval to piggyback Volusia County, Florida's contract with Ferguson Enterprises, LLC for Poly Drainage Products and Repair Systems and authorization for the City Manager to execute the piggyback agreement. Recommendation: Staff recommends approval by City Council to piggyback Volusia County's contract with Ferguson Enterprises, LLC for the initial term of September 11, 2023 to September 10, 2026 and authorization for the City Manager to execute the piggyback agreement. Back-uround: Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10 grant the City authority to piggyback the purchase of goods and services as a form of inter -governmental cooperative purchasing. In cooperative purchasing, public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions. This allows smaller agencies to take advantage of the better pricing that large purchasers are able to obtain and reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.) Staff is requesting approval to piggyback with Ferguson Enterprises, LLC for high -density polyethylene, or HDPE, pipe. Currently, staff obtains quotes from at least three competitors for their purchase of HDPE pipe. These pipes are utilized for road crossings, catch basin attachments, and driveway culvert pipes. Piggybacking with Ferguson Enterprises, LLC will allow for a quicker purchase and delivery of materials and consistent pricing for all purchases. HDPE pipe, which is reliant on natural gas, has significant fluctuations in price. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: TBD Total Cost: TBD Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. R-24-21 Resolution to Award Ferguson Enterprises 2. Exhibit A - Exhibit A Volusia Master Agreement 750 4157 - 1 3. Exhibit B - Ferguson Enterprises, LLC Piggyback Agreement Administrative Services Department Review: City Attorney Revie _ Procurement Divisio eview, if applicable: City Manager Authorization: Date:��Y .1-1 Z-4�Q 51 of 191 RESOLUTION NO. R-24-21 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH FERGUSON ENTERPRISES, LLC FOR THE PURCHASE OF POLY DRAINAGE PRODUCTS AND REPAIR SYSTEMS; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes, and the City of Sebastian Code of Ordinances Section 2-10, provide that whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county or other governmental agencies; and WHEREAS, Ferguson Enterprises, LLC., has an existing contract under Volusia County, Florida effective through September 10, 2026, which is attached as "Exhibit A" for poly drainage and repair systems; and WHEREAS, the City finds it is in the City's best interest to enter into a piggyback agreement with Ferguson Enterprises, LLC for the purchase of poly drainage products and repair systems at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue a purchase order to Ferguson Enterprises, LLC in an amount not to exceed $15,000, for the purchase of poly drainage products and repair systems and in substantial 52 of 191 conformity with the agreement attached hereto as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 2024. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor 2 53 of 191 ATTEST: Approved as to form and Legality: Jeanette Williams, City Clerk Jennifer Cockcroft, Esq., City Attorney 54 of 191 Master Agreement NO. 750 4157 - 1 TERM: 2023-09-11 to 2026-09-10 Page 1 of 2 Volusia County FLORIDA Date Issued: 09/13/2023 Vendor contact: County contact: Name: JUSTIN MONTANDON Name: CAROLYN MINICH Phone: 407-859-7473 Ext.: Phone: 386-822-6422 E-mail: JUSTIN.MONTANDON@FERGUSON.C( E-mail: jgrim@volusia.org Vendor Name: FERGUSON ENTERPRISES INC 801 THORPE ROAD ORLANDO, FL 32824-8016 Solicitation Number: 23-B-128HO Award Date: 2023-09-11 Award Authorization: DIRECTOR Vendor No. FEE22900000 Document Description: Polyethylene Drainage Products and Repair System Pipe Line Commodity Unit Item Code 1 65858 EA Purchasing Phone: E-mail: Bill To: County of Volusia Ext.: 20474 AS REQUIRED BY USING DEPARTMENT VOLUSIA COUNTY, FL 32720 Ship To: AS REQUIRED BY USING DEPARTMENT VOLUSIA COUNTY, FL 32720 HEIDI OTT 386-626-6626 Ext: 16626 hott@volusia.org Payment Terms: Net 45 Days, FOB Dest, Freight allowed Polyethylene Pipe In accordance with 23-B-128HO Description Pam Wilsky, CPPO, CPPB Purchasing & Contracts Director Remainder of page is blank Unit Price or Contract Amount 0.000000 Count '1, of Volusia Sales Tax Exemption Nlnnber 85-8012622393C-9 A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of said solicitation become part of the Master Agreement. Deviation from prices stated is not permitted without a signed corrected Change Order. If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for terms and conditions. 55 of 191 Purchase Order (PO) or Master Agreement (MA) Terms and Conditions Providing any good or service constitutes acceDFF ce of this entire PO or MA without exception. In the event this document Is Issued based on a solicitation or quote, the terms and conditions of the solicitation or quote prevail. Acceptance. Products/Services purchased as result of this PO or MA may be tested for compliance with specifications. Items delivered not in conformance with the specifications may be rejected and returned at the Provider's expense. Those Items and items not delivered by the delivery data specified in the accepted offer and/or PO or MA may be purchased on the open market. Cancellation of Order. A request by either party to the PO to cancel the order at no cost. Delivery. Title and risk of loss shall pass when Items have been received, inspected, and accepted by County of Votusia ('County'). All associated shipping, insurance, and other related costs shall be bome by Provider. Discontinueq. Provider shall give County 30 (thirty) days advance notice of a discontinued Items) so that County can purchase additional quantities of discontinued Item(s). County must give written approval of replacement(s) if they exceed previous price or fail to meet quality, form, fit, or function of the discontinued Item. Time is of the essence regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non -appropriation of funds, or non-performance. Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ('Disputing Party") shall deliver to the first level representative of the other party a written statement ('Dispute Notice') describing the dispute. It the respective representatives cannot resolve the dispute within ten (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after delivery of the Disputing Partys notice, either party may give written notice to the other party declaring the resolution process terminated and pursue other legal recourse or initiate formal non -binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by the Supreme Court of Florida for court -ordered mediation, Rule 1.700. et seq., of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction. E-Verify. By providing any good or service to the County or accepting payment for some. Provider warrants and certifies it has registered with and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees. Provider is subject to and agrees to abide by Sections 446.09 and 446.095, Fla. Stat. Provider shall not enter into a contract with a subcontractor without prior approval from the County; Provider will be required to comply with the provisions of Section 446.095, Fla. Stat. pmp1is ce ith FEMA 2 CFR 200.318.326 and Appendix II Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared iaie/Federe. Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract Provisions as amended. These documents can be found on the Internet at https:/Avww.gpo.govtfdsys/granule/CFR-2014-UUe2-volt/CFR-2014-OUe2-voll-sec200-318 t;oveminp Law..Jurisdicdon/Venue. This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the County o olus a. Florida, and any trial shall be non -jury. Provider shall comply with all applicable laws and regulations. Insurance. For goods and services delivered or performed by Provider on County premises, Provider certifies it maintains comprehensive general liability insurance and auto insurance in the amounts identified in the solicitation and/or contract and any amendments thereto pertaining to this PO or MA, or from an A.M. Best *A = or better rated insurance firm authorized by the State of Florida Insurance Commissioner. The County reserves the right to require the 'County of Volusia' be named as additional insured for projects when deemed necessary. For services performed off County premises and goods delivered by third party carriers, the Provider shall use such carriers that maintain such insurance coverage as set forth above. tI tellect I Poop rtv. Provider agrees to protect, defend, indemnify, and save the County, its agents, officials, including elected officials, and employees of the County harmless from and against any and all claims, demands, actions, and causes of action which may arise asserting that a copyright, trademark, trade secret, or patent ('Intellectual Property'), as provided under this PO or MA, infringes or misappropriates any third party's Intellectual Property. If Provider must pay a third party any license, royalty, or other such usage fee In order to deliver the item(s) under this PO or MA, such third party and usage fee must be specified in the Provider's offer to sell to the County. Indemniy//' lon. The Contractor shall Indemnify, defend and hold harmless the County and its employees, officers, elected and appointed officials, agents, attorneys, representaves, volunteers, divisions, departments, districts, authorities, and associated entitles from and against all claims, damages, losses, and expenses, Including, but not limited to attorneys fees, arising out of or resulting from the performance of this Agreement to the extent that any such claim, damage, loss and expense Is caused by any negligent act or omission of the Contractor, anyone directly or indirectly employed by Contractor. Modificatiq1� R Assignment. County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must be mutually agreed upon In writing. County is not required to pay for defective items, backorders, late deliveries, those quantities exceeding the PO or MA quantity, or Items shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any interest herein shall be assigned, transferred, or encumbered by Provider except as authorized in writing by the County. Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving party's address set forth on this PO either by hand, qualified courier, or e-mail and shall be deemed received the day after it Is transmitted. For the County, It shall be addressed to the Purchasing and Contracts Department, 123 West Indiana Avenue, 3rd Floor, Deland, Florida, 32720 or purchasing@volusle.org. No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy. Order of Prr, dencry In the event of conflict between this PO or a Master Agreement (MA), the originating Volusla County contract and amendments thereto shall be controlling. This control shall pertain to all specifications and scopes of work Included in the originating Volusia County contract and any amendments thereto. Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an accurate and undisputed Invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery receipt, order acknowledgement and correspondence shall clearly Indicate the PO or MA number. Any additional or different terns and conditions on Provider's documents shall be considered null and void. The County may deduct amounts It is due from Provider's payment or not pay disputed invoices until such dispute is resolved. Nothing in this PO or MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for amounts owed by Provider to subcontractor for goods or services provided under this PO or MA. Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign Immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of the Agreement, Master Agreement, and/ or this Purchase Order to the contrary, nothing In any such documents shall be deemed as a waiver of immunity or the limitations of liability of the County beyond any statutory limited waiver of Immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of daims in tort, equity, or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the doctrine of sovereign Immunity or by operation of law. Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (F-uempfion# 85-8012622393C-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, 'Doing Business with Volusia County' and 'Consumer Certificate of Tax Exemption* from the available menu screens to see a copy of the certificates. Termination for Convenience. The County may cancel the PO or MA in whole or part when it Is in the best interest of the County with thirty (30) days notice. UCC. In addition to any rights or remedies contained in this P.O., each parry shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC) Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed in a good and competent workmanlike manner to the satisfaction of the County, and materials shall be of good quality (unless otherwise stated on PO or MA), and free from defects and pursuant to specifications and requirements of the contract related to this PO or MA. Volusia County Purchasing & Contracts Division (Rev 07-01-2023) 56 of 191 EXHIBIT B PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND FERGUSON ENTERPRISES. INC. THIS AGREEMENT is made and entered into on , 2024 by the City of Sebastian, 1225 Main Street, Sebastian, FL 32958, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and Ferguson Enterprises, LLC (FEIN: 54-1211771) 751 Lakefront Commons, Newport News, VA 23606, (hereinafter "VENDOR"). WHEREAS, Volusia County, Florida has previously entered into a contract with Vendor to provide Polyethylene Drainage Products and Repair System Pipe on September 11, 2023 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by Volusia County, Florida to provide Polyethylene Drainage Products and Repair System Pipe and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter- governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by Volusia County, Florida is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall be from date of execution until September 10, 2026. 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between Volusia County, Florida and Vendor referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: 57 of 191 VENDOR: CITY: Rob Pinkston, Municipal Area Sales Manager Brian Benton, City Manager Ferguson Enterprises, LLC City of Sebastian 9692 Florida Mining Blvd., W. 1225 Main Street Jacksonville, FL 32257 Sebastian, FL 32958 4. PUBLIC RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK: JEANETTE WILLIAMS 1225 MAIN ST SEBASTIAN, FL 32958 (772) 388-8215 JWILLIAMS(cDCITYOFSEBASTIAN.ORG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. Pa 58 of 191 IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. CITY OF SEBASTIAN Brian Benton, City Manager Date: Attest: City Clerk Approved as to form & legality City Attorney 59 of 191 VENDOR: Signature Rob Pinkston Printed Name Title: Area Sales Manager Date: March 22, 2024 STATE OF FLORIDA COUNTY OF,�VCti (� The foregoing instrument was acknowledged before me on this day of 20 , by b �' - as YQ({ �O to M-r' of Ferguson Enterprises, LLC. He is personally known to me, or has produced his/her driver's license, or his/her as identifi tion, and did/did not take an oath. Seal: `, �J J Notary Public, State of Florida HMMOM .*:37 My Commission expires:WWOUMMOHHHU EXQIFtES` JurM 18, 2027 _i rn u��wi n� mi A 4 60 of 191 DocuSign Envelope ID: ABOODA9D-3275-4678-B32D-C26010EE0669 DocuSign Envelope ID. ABOODASD-32754678-B32D-C26010EE0669 DoPAM Envelops iD ASo0DA8D•3275 487B-832D•C26010EE066S SECRETARIAL CERTIFICATE OF AUMOMA.TION The undersigned Assistant Secretary of Ferguson Enterprises, LLC, duly organlzed and existing under the laws of Virginia (the "Company'), hereby designates and cei tifies that the following employee of the Company, is authorized, on behalf of the Company to take the action(s) designated herein and to execute any and all documents necessary to hither such actions: Individual Name: Rob Pinkston a Title: Aiea Sales Managei-WW Municipal VL Authorized Action(s): 1. To enter into contracts, agreements or other documents, and to execute such documents and undertake all such acts as may deemed in the best mtetest of the Company 2. To piepaie and submit bids and proposals to the Company s customers. This certificate of authorization shall be effective from the date hereof until January 3, 2025 unless withdrawn sooner in writing The provisions of this Certificate ate inconformity with a Resolution adopted by the Board ofDitectors of the Company effective July 31, 2023. In witness whereof, I have hereunto subscribed my name and affixed the seal of the Company, effective January 4, 2024. O : 0 (Company Sean '•,� •••' . S:: • •:�`P '• •ViRG`` .'� e Commonwealth of Virginia City of Newport News Ferguson Enterprises, LLC Wesley E Rice Assistant Secretary Sworn to subscribe and acknowledged before me on January 4, 2024, by Wesley E. Rice, personally known to me, In his capacity as Assistant Secretary of Ferguson Enteipitses, LLC, a Virginia LLC, on behalf of such Company. .•`�.� R . IY '•• O my COMMISSION (Notary Seal) NUAUIER • Q 7510825 : �2 Notay,—Casey off My commission ices- Ju 1, 2026 61 of 191 EXHIBIT A Volusia Countv. Florida Agreement with Ferguson Enterorises. L LC 62 of 191 ** 14.41 Master Agreement NO. Aso 4157 - 1 —� TERM: 2023-09-11 to 2026-09-10 Page l of 2 Volusia County FLORIDA Date Issued: 09/13/2023 Vendor contact: County contact: Bill To: Name: JUSTIN MONTANDON Name: CAROLYN MINICH County of Volusia Phone: 407-859-7473 Ext.: Phone: 386-822-6422 Ext.: 20474 AS REQUIRED BY E-mail: JUSTIN.MONTANDON@FERGUSON.C( E-mail: jgrim@volusia.org USING DEPARTMENT VOLUSIA COUNTY, FL 32720 Vendor Name: Vendor No. FEE22900000 Ship To: FERGUSON ENTERPRISES INC AS REQUIRED BY USING DEPARTMENT 801 THORPE ROAD VOLUSIA COUNTY, FL 32720 ORLANDO. FL 32824-8016 Solicitation Number: 23-B-128Ho Award Date: 2023-09-11 Award Authorization: DIRECTOR Document Description: Polyethylene Drainage Products and Repair System Pipe Line Commodity Unit Item Code 1 65858 EA Purchasinci HEIDI OTT Phone: 386-626-6626 Ext: 16626 E-mail: hott@volusia.org Payment Terms: Net 45 Days, FOB Dest, Freight allowed Polyethylene Pipe In accordance with 23-B-128HO Description graz k Pam Wilsky, CPPO, CPPB Purchasing & Contracts Director Remainder of page is blank Unit Price or Contract Amount 0.000000 Couutr of Volusia Sales Tat Exemption Number 85-8012622393C-9 A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of said solicitation become part of the Master Agreement. Deviation from prices staled is not permitted without a signed corrected Change Order. If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for terms and conditions. 63 of 191 Purchase Order (PO) or Master Agreement (MA) Terms and Conditions Providing any good or service constitutes accen ce of this entire PO or MA without exception. In the event this document Is Issued based on a soircitation or quote, the terms and conditions of the solicitation or quote prevail. Acceptance. Products/Services purchased as result of this PO or MA may be tested for compliance with specifications. Items delivered not in conformance with the specifications may be rejected and returned at the Providers expense. Those items and items not delivered by the delivery date specified in the accepted offer and/or PO or MA may be purchased on the open market. Cancellation of Order. A request by either party to the PO to cancel the order at no cost. Delivery. Title and risk of loss shall pass when items have been received, inspected, and accepted by County of Votusia ('County'). All associated shipping, Insurance, and other related costs shall be bome by Provider. Discontinued. Provider shall give County 30 (thirty) days advance notice of a discontinued Item(s) so that County can purchase additional quantities of discontinued item(s). County must give written approval of replacement(s) If they exceed previous price or fail to meet quality, form, fit, or function of the discontinued item. Time is of the essence regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non -appropriation of funds, or non-performance. Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ('Disputing Party') shall deliver to the first level representative of the other party a written statement ('Dispute Notice') describing the dispute. If the respective representatives cannot resolve the dispute within ten (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after delivery of the Disputing Party's notice, either party may give written notice to the other party declaring the resolution process terminated and pursue other legal recourse or Initiate formal non -binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by the Supreme Court of Florida for court -ordered mediation. Rule 1.700, et seq., of the Florida Rules of Civil Procedure, and Chapter 44. Florida Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction. E-Verify. By providing any good or service to the County or accepting payment for same, Provider warrants and certifies it has registered with and uses the U.S. Department of Homeland Securitys E-Verify system to verify the work authorization status of all now employees. Provider is subject to and agrees to abide by Sections 446.09 and 446.095, Fla. Stet. Provider shall not enter into a contract with a subcontractor without prior approval from the County; Provider will be required to comply with the provisions of Section 446.095, Fla. Stat, CprpolJ, 0 y+lth FEMA 2 C%QU B-32Fj and Appendix 11 Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared Stal ye eral Emergency and on ors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix 11 Contract Provisions as amended. These documents can be found on the Internet at: https:/Iwww.gpo.gov/fdsys/granule/CFR-2014-tiUe2-voll/CFR-2014-tiUe2-volt-sec200.318 (,ov minp I.�w/tludgdZonNanue. This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the Country o o usla, o a, an any trial shall be non -jury. Provider shall comply with all applicable laws and regulations. Insurance. For goods and services delivered or performed by Provider on County premises, Provider certifies it maintains comprehensive general liability insurance and auto insurance In the amounts Identified In the solicitation and/or contract and any amendments thereto pertaining to this PO or MA, or from an A.M. Bost 'A - or better rated insurance firth authorized by the State of Florida Insurance Commissioner. The County reserves the right to require the 'County of Volusia' be named as additional insured for projects when deemed necessary. For services performed off County premises and goods delivered by third party carriers, the Provider shall use such carriers that maintain such Insurance coverage as set forth above. Intellectual Prooertv. Provider agrees to protect, defend, Indemnify, and save the County, its agents, officials, Including elected officials, and employees of the County harmless from and against any and all claims, demands, actions, and causes of action which may arise asserting that a copyright, trademark, trade secret, or patent ('Intellectual Property'), as provided under this PO or MA. Infringes or misappropriates any third partys Intellectual Property. If Provider must pay a third party any license, royally, or other such usage fee in order to deliver the item(s) under this PO or MA, such third party and usage fee must be specified in the Providers offer to sell to the County. Indemnifir Lion. The Contractor shall indemnify, defend and hold harmless the County and its employees, officers, elected and appointed officials, agents, attorneys, represenves, volunteers, divisions, departments, districts, authorities, and associated entities from and against all claims, damages, losses, and expenses, including, but not limited to attorney's fees, arising out of or resulting from the performance of this Agreement to the extent that any such claim, damage, loss and expense is caused by any negligent act or omission of the Contractor, anyone directly or Indirectly employed by Contractor. iVlodift(atipn R Ass' amen .County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must e mutually agree upon 1n writing. County Is not required to pay for defective Items, backorders, late deliveries, those quantities exceeding the PO or MA quantity, or items shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any Interest herein shall be assigned, transferred, or encumbered by Provider except as authorized In writing by the County. Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving partys address set forth on this PO either by hand, qualified courier, or e-mail and shall be deemed received the day after it Is transmitted. For the County, it shall be addressed to the Purchasing and Contracts Department, 123 West Indiana Avenue, 3rd Floor, DeLand, Florida, 32720 or purchasing(dvotusia.org. No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy. Order of Precedency In the event of conflict between this PO or a Master Agreement (MA), the originating Volusia County contract and amendments thereto shall be controlling. This control shall pertain to all specifications and scopes of work included in the originating Volusia County contract and any amendments thereto. Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an accurate and undisputed invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery receipt, order acknowledgement, and correspondence shall clearly indicate the PO or MA number. Any additional or different terms and conditions on Providers documents shall be considered null and void. The County may deduct amounts it Is due from Providers payment or not pay disputed invoices until such dispute is resolved. Nothing In this PO or MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for amounts owed by Provider to subcontractor for goods or services provided under this PO or MA. Sovereign imrr�pri;v. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything se flow , in any section of the Agreement, Master Agreement, and/ or this Purchase Order to the contrary, nothing in any such documents shall be deemed as a waiver of immunity or the limitations of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of claims in tort, equity, or contract shall not exceed the dollar amount set by the legislature for tort Nothing In the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (Exemption# 85-8012622393C-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, 'Doing Business with Volusia County' and 'Consumer Certificate of Tax Exemption' from the available menu screens to see a copy of the certificates. Termination for Convenience. The County may cancel the PO or MA in whole or part when it is in the best interest of the County with thirty (30) days notice. UCC. In addition to any rights or remedies contained in this P.O., each party shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC). Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed in a good and competent workmanlike manner to the satisfaction of the County, and materials shall be of good quality (unless otherwise stated on PO or MA), and free from defects and pursuant to specifications and requirements of the contract related to this PO or MA. Volusia County Purchasing & Contracts Division (Rev 07-01-2023) 64 of 191 Pricing Sheet - 23-8.128HO ITB: Poly Drainage Products and Repair Systems Bidders are not required to complete all fields to be considered responsive. The County reserves the right to award to one or multiple bidders for one or multiple Items as deemed In the best Interest of the County. Exhibit B High Density Polyethylene (HDPE) Class-11 Pipe & Fittings UNIT 6" din 8" dia 10" dia 12" dia 15" dia 18" dia 24" dia 30" din 36" dia 42" dia 49" din 60" dia Perforated Pipe - NO Fabric �fliyereq Ick-u (specify location below) LF LF 55.23 55.23 59.75 $9.75 4 25 W.25 S15.85 $15.85 S'_2.I0 522.10 $29.71 529.71 S4/9/76 549.76 X x X x x x X x X x NonperforatedPipe -NO Fabric �f�iv:%f� lek-up (specify location below) Perforated Pipe - with Fabric LF LF 4fQ7 4.97 ' 9._ 513.$ 513.53 S15,Q6 S15.66 ;%,�% $_U.9R $29.24 $28.24 547.26 547.26 567.84 $67.84 $80.25 S80?5 $103.39 1 $103.38 5131.89 5131.89 $231.37 5231.37 if)Jycrcd ick-u (specify location below) LF LF 55.26 S5.26 SIO.26 SIO.26 514.93 SI4.93 516.76 516.76 523.14 S23.14 S3129 $31.28 551.7E 551.78 X X X X X x x X X X Nonperforated Coupling vere� tek-u (s ecifv location below) EA EA 511.03 $11.03 S15.08 515.08 76 1476 523.42 523.42 S39.U1 539.01 ��j 48 HER 593.75 S93.75 X X X x X X x x X x Casket Coupling Delivered Ick-u (specify location below EA EA $36.76 536.76 555.88 S55.88 3 W113 5191.44 5191.44 'y� �Sjt .�R .59 MOM S500.00 5759.11 $759.I 1 X x X X x x X x x x 45° Elbows �f�iverSlj Ick-u (s ctifviocationbelaw) EA EA jj�1 �R2 595.58 595.5E 5163.78 5163.7R 5219.75 5219.75 $550, $550. S72%�Q 5729.00 S��t;�.00 51'.239.00 ��'a 9j.00 52,4�7.U(1 ��($� .41�00 11183.00 $5,183.00 S \120.O0 5120.00 Sip' r.UO SI'_,�9.00 90a Elbows �f�jyered ick-up(specify location below) EA EA S5}� 8� S5R.82 S95.58 595.58 Sj ##,37 SIRR.37 S'_51.14 5251.14 $638.33 $638.33 S812.25 5812.25 51,326.28 51,32628 Su�g,yb7, 7.79 52,�17.79 yqt C.M.3� S7SfjiI.29 S5,6f,9.29 `( 'f9.5R 5�, 09.5E j'j,7U jj2,5N.70 Polyviny6Chloride (PVC) Pipe & Fittings A-2000 UNIT 6" dia 8" dia 10" dia 12" dia 15" dia 19" dia 24" dia 30" dia 36" dia Perforated Pipe �yd ek-uere(specify location below) LF LF X X X X X _ X X X X X X X 0 X X X X Nonperforated Pipe ��Jyere� Pick-u (s eclf' location below) LF LF X X X X X X X X X X (� X X X X X Coupler with Center Stop X X yered ck-u (specify location below) EA EA X X X X X X X X X X X X X X X X 22a Elbows Qtfjyeee� pp(ej u (s eeif)- Inealion below) EA EA X X X X X X X X X X X X X X X X �( }t 45° Elbows PsJJ�er,i Pfek-u (s ccify localion below) EA EA X X X X X X X X x X g 7l X X x X 90° Elbows Rfjlyer`� ek-u (s ect(y location below) EA EA X X X X X X X X X X X X X X X X X X Socks Delivered Pick-up (specify location below) LF LF X X X X X X (� (� X X X X X X X X X PVC size chart: 4" to 10" = 12.5' length; 12" to 36" = 22' length o.rY.r.-rYa_"., urn C._.__. -n UNIT 2" ia S" iIR" diaM h PerormancePi e & Fittings 24" dia 1 30" din 36" dia 42" dia 48" din 60" dia O Perforated Pipe yer� P1ek-u (s ecif • location below LF LF S21'll 521.91 S26.99 526.R9 532.01 S 32.01 00 5RR.15 588.15 X X ?( X X X X X Nouperfomttd Pipe R jver Picku -(s ecifvlocationbelow) LF LF 520.82 $20.92 525.55 525.55 530.41 530.41 550.34 $50.34 579.03 579.03 587.44 587.44 5112.32 $112.32 $159.14 SISR.14 5232.02 5232.02 Coupler with Center Stop Py ed ick-u (specify location below) EA FA 5191.44 5191.44 5283.58 5283.58 5500.00 5500.00 $759.11 5759.11 X X x X x X \ X x X 22' Elbows Frvered (tk-u (s ecffv location below) EA EA 5469.62 5469.62 579829 $799.29 5968.12 S969.12 722.96 R722.96 'y� 50 S2, ��.50 $2.175.65 $2.175.65 52,6'20 52.6�1.20 Sap r' .19 53, IZj.39 55.302.35 55,302.35 45' Elbows Fpp3jvcr Irk u (s ecIhy location below) EA EA 5219.75 5219.75 5770.89 5770.89 51.020.60 51.020.60 51,734.67 $1.734.67 52.440.65 52,440.65 S '3.25 S2.523.25 53 17.68 S3. IZ6R S4 7.87 54.257.97 S7 p4y�/ 57,(F7M 90' Elbows Delivered Pick-00 ffpeel(v location below) EA EA $' 1.14 5151.14 SR94.35 SR94.35 S`41.37 S1.14I.37 R�? . 9 1,R5 . }.{ }.$¢ .5 .56 53.997.76 53.997.76 97Q,50 ,4�O.Sn S71 AR S7. i.08 S'+ � 51 U-UnearToot Pick-up Ioation/address:_1470 Bobby lee Point, Sanford FI Vendor Name: _Fergrson Enterprises LLC- DBA Ferguson Waterworks SEBASTlAN g I M l l r wlal 44c l eval lam Din • W, CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Aeenda Item Title: Submerged Land Lease Renewal with Florida Department of Environmental Protection for the property located at 820 Indian River Drive known as the Yacht Club. Recommendation: Staff recommends approval of the renewal of the submerged land lease with the Florida Department of Environmental Protection for the property located at 820 Indian River Drive known as the Yacht Club and authorization for the Mayor to execute. Bac L,round: In 2009, a submerged land lease was established between the City of Sebastian and The Florida Department of Environmental Protection (BOT file No 310343953). The lease was for the property located at 820 Indian River Drive, also known as the Yacht Club. It provides for a two slip public docking facility which is used exclusively for fishing and mooring of recreational vessels at a public municipal yacht club. The initial lease was a five year period. The City has renewed the lease twice since originally being established in 2009. This proposed third renewal of this lease will span from 2024 through 2029. Should Council choose to continue with the third renewal of the submerged land lease, Mayor Dodd will need to execute the document on behalf of the City Council. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $1000 Total Cost: Not to exceed $1000 Funds to Be Utilized for Appropriation: N/A Attachments: 1. Sovereignty Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Administrative Services Department Review: City Attorney Review. Procurement Division Oeview, if applicable: fp City Manager Authorization: Date: q/3/1OJLY 67 of 191 This Instrument Prepared By - Lisa -Marie Raulerson Action No. 48544 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO.310343953 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all teams and conditions stated herein, the Lessor does hereby lease to City of Sebastian. Florida, a Florida municipal corporation, hereinafter referred to as the Lessee, the sovereignty lands as defined in 18-21.003, Florida Administrative Code, contained within the following legal description: A parcel of sovereignty submerged land in Section 06 Township 31 South, Range 9 East, in Indian River, Indian River County, Florida, containing 8,142 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 16.2009. TO HAVE THE USE OF the hereinabove described premises from January 15, 2024, the effective date of this lease renewal, through January 15, 2029, the expiration date of this lease renewal. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 2-sh public docking facility with a concrete boat ramp and fishing pier to be used exclusively for f s ing and mooring of recreat'vn�rvessels in conjunction with an upland public municipal yacht club, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 27, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Permit Exemption No. 31-285751-001, dated January 15. 2009, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. (02-29) 68 of 191 2. AGREEMENT TO EXTENT OF U$M: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the permit referenced in paragraph 1 of this lease. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loadingtoffloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (in) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(l)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(32), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term of this lease plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment P and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for fall compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 69 of 191 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. LIA.BILI'IYM-A );STIGA770N OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/i'ERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above -described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACII.ITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 70 of 191 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sale option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. Ia the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the teased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 71 of 191 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USAGE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. [Remainder of page intentionally left blank; Signature page follows] Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 72 of 191 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. VATNFSSES: Signature: Printed Name: Address: 3800 Commonwealth Blvd Tallahassee. FL 32399 Signature Printed Name: Address: 3800 Commonwealth Blvd Tallahassee. FL 32399 STATE OF FLORIDA COUNTY OF LEON BY: BOARD OF TRUSTEES OF THE INTERNAL EMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Thistees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me by means of physical presence this day of 20 by Brad Richardson. Chief Bureau of Public Land Administration. Division of State Lands. State of Florida Department of Environmental Protection. as scent for and on behalf of the Board of Tnrstees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: %e9 3M2024 Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 73 of 191 City of Sebastian, Florida, a Florida municipal corporation WITNESSES: (SEAL) Signature: BY: Original Signature of Executing Authority Printed Name: Ed Dodd Address: Typed/Printed Name of Executing Authority Mavor Title of Executing Authority Signature: Printed Name: Address: "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or _online notarization this day of . 20 . by Ed Dodd as Ma, for and on behalf of Citv of Sebastian. Florida. a Florida municipal corporation. He is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Public Notary Public, State of Commission/Serial No. _ Printed, Typed or Stamped Name Page 7 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 74 of 191 REPORT OF SURVEY: VICINITY MAP TYPE OF SURVEY: BOUNDARY f< 7OP03RAP4C SURVEY THIS SURVEY PERFORMED BY: HOUSTON. SCITULKY. STTTLE a STOJO/V1D. INC. LB. $16936 1717-SHOWN RIVER BLV'D., SURE 1D1 VERO BEACH, FLORIDA 3298D PROFESSIONAL SURVEYOR 6 MAPPER IN RESPONSIBLE CKMIGE7 STUART A. HOUSTON. P.L S. R4400 • THE EXPECTUSE OF THE LAND, AS CLASSIFIED W THE MINIMUM TECHNI :AL STANDARDS (61(317.6, FAC) IS SUBURBAN THE MINIMUM RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 7,5M. THE MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURACY REQUIREMENT THIS SURVEY MEETS ALL APPLICABLE REOUIREMENTS OF THE FLORIDA MINIMUM TECHNICAL STANDARDS AS CONTAINED IN S1G17.6, FAG. • ELEVATIONS AND DIMENSIONS UIOWN HEREON ARE MEASURED IN FEET AND DECIMAL PARTS THERE -OF. • THE LAST DATE OF FIELD WORK WAS Iy I)W THIS IS A FIELD SURVEY LEGAL DESCRIPTION: SCALE 1 2400 • THE BEARING BASE FOR THIS SURVEY IS A GRID SWING OF N25222M. ALONG THE EAST RIGHT OF WAY UNE OF INDIAN RIVER DRIVE. BASED ON D.E.P. CONTROL NETWORK MONUMENTS 89.7&A-05. AND 88.78A-06, RADI 1863, FINAL ADJUSTMENT OF IM. FOR FI LMOA EAST ZONE W 1. • STATIONING AND RIGHT OF WAY SHOWN HEREON {S BASED ON A ROUTE SURVEY PREPARED FOR THE CITY OF SEBASTIAN BY MASTELLER, MOLER & REED, INC. PROJECT NUMBER 933984. DATED 211&V3. THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY UNDERGROUND IMPROVEMENTS: UTILITIES, FOUNDATIONS, OR ENCROACHMENTS. EXCEPT AS SHOWN. NO INSTRUMENTS OF RECORD REGARDING EASEMENT& R13HT-OF-WAYS. OR OWNERSHP WERE SUPPLIED TO THIS SURVEYOR EXCEPT AS SHOWN. • NO TITLE DPINKIN OR GUARANTEE IS EXPRESSED OR WPUED. UNLESS A COMPARISON IS SHOWN, PLAY VALUES AND MEASURED VALUES ARE THE SAME. • UM-ESS OTHERWISE INDICATED. FOUND MONUMHNTATION. LS UNIDENTIFIED. THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD TONE AE S 8 VE 7, PER FLOOD PANEL MAP 1111206100077 G, OATFO JUNE WIN. IM. THE ELEVATIONS SIIDWN HEREON ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929. TI-E BENCHMARK IS UNITED STATES COAST H GEODETIC MONUMENT 05-lM EL.EV.•S-20' A PARCEL OF SUBMERGED LAND LYING IN THE INDIAN RIVER IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 2, EDGEWATER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 23, INDIAN RIVER COUNTY, FLORIDA. THENCE RUN N 6B'19'15' E, A DISTANCE OF 80.17 FEET TO A POINT ON THE EAST RIGHT OF WAY OF INDIAN RIVER DRIVE. SAID POINT BEING THE EAST CORNER OF THE SEBASTIAN YACtrT CLUB THENCE LEAVING SAID RIGHT OF WAY, RUN N 66'28'35' E A DISTANCE OF 210.00 FEET, TO A POINT ON THE BULKHEAD LINE AS ESTABLISHED PER THE MAP OF THE CITY OF SEBASTIAN, RECORDED IN PLAT BOOK 5, PAGE 28. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, TIIENCE RUN S25'22•P6'E, 413.92 FEET TO THE POINT OF BEGINNING. THENCE RUN N65'30'66"E, 191.55 FEET; THENCE RUN N65'38'43"E, 157.03 FEET; THENCE RUN N24'36'08W, 12-15 FEET; THENCE RUN N64°30'32'E, 11.08 FEET; THENCE RUN S23'4T62"E, 32.14 FEET; THENCE RUN S65'13'53'W 11.10 FEET; THENCE RUN N25°27'29'W, 11.95 FEET; THENCE RUN S65'3842'W, 131.68 FEET; THENCE RUN S24'29'10'E, 10.00 FEET; THENCE RUN S65'38'42W, 25.00 FEET; THENCE RUN N24'29'10"W, 10.00 FEET; THENCE RUN S65"30'501W, 50.95 FEET; THENCE RUN S24'2$10"E, i0.00 FEET; THENCE RUN S65'38'42v. 25.00 FEET; THENCE RUN N24'29'10"W, 10.00 FEET; THENCE RUN S65'30'50'W, 5.79 FEET; THENCE RUN S34'41'10"W, 69 12 FEET; THENCE RUN S67°30'21"W, 8.00 FEET TO A POINT ON THE END OF A CONCRETE BOAT RAMP, THENCE RUN S23"17'19"E, ALONG THE END OF SAID CONCRETE BOAT RAMP, 31.93 FEET; THENCE LEAVING SAID CONCRETE BOAT RAMP RUN N63'46W"E, 9.00 FEET; THENCE RUN S22'41'14 E, 7.66 FEET; THENCE RUN S65'04'50'W, 49.61 FEET TO A POINT ON SAID ESTABLISHED BULKHEAD LINE; THENCE RUN N25'22'26'W ALONG SAID ESTABLISHED BULKHEAD LINE 62.72 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS B,142 SOFT. (0.19 ACRES) +/-, AND IS SUBJECT TO RESERVATIONS. RESTRICTIONS, AND EASEMENTS OF RECORD. r PLATOFSURVEYFOR: nlr�Moleiv mt„i.n•f �� IRONTI W'I pi A. wY/ IX T. CITY OF' SFRASTIA I SUBMERGED LAND LEASE �•x•�I�� LMP wL1>:,nD J W MH! D ar.u�.w•u� ln7,b„w. /d . Ai Y� I� wt lwf• l�Y •I �,►IriQ4�lR1j�Mlm•R�LJlL �y �, Attachment A Page 9 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 u�nuQ fIQ1W vG1'/S AqI IALlO rmAXn nm SK.'•%�TIgIF. ��a T1lF A,�rscz1 srw. w nn rt ala+ rxrNstn nwvrmr ILllIi3 H4Atty HF31W'. kzlt ,wa'rrtxw in 17LNRT.LNOLST/W. D""v J' 76 of 191 i '23r7114 w^ww.wrt oa-ae wAweo etas w•s .ewO�oosAr. .r►�.o1r_ eeweow��•or• W AIMMg B91M Made and emarrd the 9th day o/ May A. D. 19 77 by GENERAL DEVELOPMENT CORPORATION a corporal lon .grating under the laws of Delaware and hoNna (Is principal plat, of 0 &wines$at 1111 South Bayshore Drive, MiamiFlorida , Fl33131 !'( l,.rrinofter called the grantor, to CITY OF SEB"TIANr a Florida Municipal Corporation /'O Ieo�".27, .ds,lre.. 9G --?-e Wh0.0 poslof/IM OddRtr Ir hereinafter c*IW the �.araneret oou O.in, W b;-[. a....n iad �uuis�,�..f pp rr Iw'• Irl..dr : W n ro W. 1«user.l rd �y �rnd.�U. •.a ear 0 ...Ian o1 er,ra.lrrl IMMA: Thatrllw trrantor, for and in cansideraRon of the turn of 510.00---- onJ other r•altrable cons(deratoons, ►script u•herro( Is hereby ac&noudrdged. 6y these presents does orant. bargoln, sell. often. Rmfar. release. cartivy and son(tnn etnto the Orantre. all that certain lond shut•. In Cotmoy. Florida. 1•Ie: bounded and described as follows t From the N.E. corner of Block 2, Edgewater Park Subdivision, Plat Book 1 at Page 23, Indian River County, Records, Run N.720361E. and parallel with the South Right -of -Way line of Cleveland Avenue, so 14 feet to the East Right-of-way line of S.R. No. 5 (U.8. Highway No. 1,) said point being the POINT OF BEGINNING. thence 8.200451E., 250 feet thence N.7004S'E., 20 feet more or less to the West bank of the Indian Rivers thence meandering Northerly along said west Bank 150 feet more or less to a point at Right Angles to the Point of Beginning; thence S.7004518., 20 feet more or less to the POINT OF BEGINNING. All of said land �9bing in Government Lots 6 and 7, Section 6,aEr�n7IN�JED t�'�GE TW1) d rtRNleQeli'• with nil the /rn,me.ds, hrRdllaments and uppurlMarver. tb o/» ong np or any. curse appertalntna. TO%ut lW t0 Hold, the same In lee simple fOre.W. n 1 W'dfw amnia, hereby co.enanu u•Uh sold anrale, Chao it is lawfully seised of snort land in lee simple: shot it has [rood riahl and lawful oulhorily to sell and eomey sued land: that tI hereby fully u.ar- rants the Ultr to sold tend o.&a "Al defend the some nnalnsl if r lou•ful claims o/ .11 r.rrsons u•homsoerer: and that sak: I—# is free of all enr.rnr60n,ra Ia Maass �fiemf . (Ooasoo.►Trsiwal • •, the grantor has ro..aed these presents to be rAecured in its name. and its eorparoe. seat to he hemunto allured, by its • ♦; . ' '• p -(fie" if—mlo duty oufhorieed, thr day and year lime oho%. u.rttlen. ATTES�� .............. GENERAL DEVELOPMENT CORPORATION wAYNE L...._........................._............._......................................... ASST. 'r"^ Started..r09 and delft sued in A* Dprrsrcz ob /r C. C. CRUMP , SR/ VICE STATE OF Florida COUNTY OF . Dade 1 IICR{eY t•AI%TIIY .Ira .w rr it d.•. !./.ter ...... rtlY.. A•Ir ...bri.ra to rl. 3.... ..d Cw.., .trr..:d .. W. rlwo.k4t>.u. C. C. CRUMP and WAYNE L. ALLEN vice —t! sure.. » r » e W Sr. / e+^a•u •b Asst. Secretary • pnrre of . o rO.t.ih(ura .lorry. f...l,yl.d r.8r.r.r31r r►drr ..Ue.h. O.wr •read 3. W,• ti rid rrpnro. •W .►., o.. —1 .I..rd .b-.» •.d s11•r:,w ...% 1. 11.. It--, . s s.,. I. r ,r__ut .W 9th a., .1. May � A. a. '1i 77. - e➢' YN , 7iici /rulronfrod fv.rt►rrllul'•' ALBERT L. ROSEN flJrrt% r . r •:r.•e Corporate Counsel rl.>'r�mu Gen ral Develo ment Corporation "" -`'' �'= •° 111 South 8 ybhore Drive Miami, Florida 33131 TIl J S INSTRUMENT IS NOT SUITABLE FOR NtICROFIL.MINC Attachment B Page 12 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 I I 79 of 191 ship 31 South, Range 39 East, and Containing 0.069 Acres together with all Riparian Rights thereunto appertaining. This Deed is executed subject to taxes assessed for the year 1977.and all subsequent years, to conditions, limitations and Restrictions of Record, and to the following express restriction to wits That the subject land shall be used only for recreational purposes. tl ME 831 C= PAGE TWO OP TWO Attachment B Page 13 of 13 Pages Sovereignty Submerged Lands Lease No. 310343953 C-4 Cr I 80 of 191 SEBASTIAN CENTENNIAL CELEBRATION 1911.1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Snow's Space Coast Superior Events — Butterfly Garden Show Recommendation: Staff recommends approval for the Butterfly Garden Show. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 2 day Arts and Craft event known as the Butterfly Garden Show at Riverview Park. Event dates are 4/27/2024 and 4/28/2024. Attendees are expected to range from 100-500 people throughout the event. If Agenda Item Requires Exaenditure of Funds: N/A Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: N/A N/A N/A 81 of 191 HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Plione: (772) 228-7054 Fax: (772) 388-8249 'For emergency purposes ONLY, please dial 772.473.04S4' NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK Oft RECREATIONAL AREA EXCEPT DESIGNATED PART: ROADS OR PARKING AREAS. ORD. 74-4.011IVING Oft PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appp priale box(os): Park Event (75 to 300 anticipated attendees)y Special Event (301 or moru anticipated allunduuu) S400 rent plus 5.51:L tax = 5.122.00 plus a $800 runt plus 5.5YL tax = S84d.00 plus a $200 Security Deposit S'IUU Sucunly Deposil n/O Will event require roaa closures '? 'Must provide detailed site plan with application. 'If requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval. Today's Date; Name of Permittee (permits ma a iss to an adult) 20CG %� S ,. � / Name of "674-p/�/- 'ardatlon (It applicable) ical Ad r Mailing Address If DlHeront ity / State Ziff Phone lRequested Dates ' Time From - To � (r�A ((ho Reason for Re tal = type of Function Rain Date (if applicable) Anticipated Nurn cr of Attendees ---+A rlgw,& -fin n S E-Mail Address Will 11 u 'ally Sale at gaaas' Yes _ No (If yes. please describe type of goods on back i Ni11 tiler y=� lcou or Otte r vendors? Yes �_1 No ,if yes. please list panic, address of uach oil each vnth uescnption and scnunlaUc ul slrucluruu (1ur11tl, ult:I lu bu or cte4orvulh�en!v�i%se as �ble)d an as (tvtay require Health Dept. or Fire Dept. pemut) the unuersignud. acknuMvdgu that I am Ihu applicant ur aulhonzuU :Igunl of Ihu abuvu lulurencud ulgunizallun. I :nit aware of the provisions of ule City of Sebastian Cudes in respect to II1is application and use of City lacifilius for which I liavu applied for a purnill for a Park Event or Special Event. I have been provided wilh lilt. gullural rules pruscnibudd bbyy the CRY;" d jg,,, • Ihu lurnis Illuruol. SigOalure of Applical t Park EVClll uP SpCcial L'-vent/Ncrinit AIlpliuttiun Rev I0?6.202.; 82 of 191 City of Sebastian " Home of Pelican Island Cite of Sebastian Municipal Police Department Application for Police Extra -Duty Officer Services 'Phis application is required to coguge extra -duty services of the requested number of Officers for public sufet%. health and wclfarc services that are in addition to those provided generally to the public. It is undurstoud [lull this is a non -binding ugreentent. At minimum of live (5) days advance mice is requested prior to the service (lute and advanced payment is required. Cuueellutiou of the detail, with less than 24 hours notice prior to coil, menccutent of the detail, will result in three (3) hours minimum billing per Officer. 1'ayutcnt should be etude payable to the City of Scbustiuu, 1225 Muin Street. Sebastian. Florida 329.38. "** (3) !lour Miniutunl Pur Each Officer Required**• (fate Per Ifour For Ellett Officer includes marked unit ..............S6lf.Wl Holiday Itute ................... S65.00 Rate Per Iluur Fur Ellett Supervisor includes marked unit ........... S7f1.11(1 Ilulidav Itute ..................... S75.00 Applicant _ /�g%✓9 t�/J� �� C' City: P►I a'�'l Statc:F/ 'LipCude: �,7 e—� Requested liy: 1'elephune Numbers: _1/71_�) / (1 Officer is required Ian aiwndance of 75 to 150 2 - Officers are required for aUcndance of 151 to 100) Number of Officers required: / !n Uniform: flail[ Clothes: '}��r/ /� �' �' 00 /r!'irC� Initial Uatc� ,��' 7 Start Time: %. �Y End Time: Second Date: 7 �J0 C:7 7 "/ Start 'Time: l;nd Tinte: 'fltird Date: Start Time: hod Thue: Services Requested: Service Lucatiou: 17✓�h I \, ✓'�� GPI �� r��C Estimated Atteudaucc: 'q/-�- Alcuhalic Beveraecs Served: l cs No �J '1'%pc Other Comments or Duties: / a L/ Date Received I -kplilicuut's Signature Nle;lw altltly online once Put ha%v hVeu .1pltrmeti: lit tns::.rcuucsts.dctaiIkoniin iider.cunt.scbastian Rcvie%sCd BN Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 83 of 191 CITY "I. IIUA,L or rcLICAx ISLtnY .UU.YIMi Yl l.01I111 NI 1141 MV1 xl1U. UI 110 1::D JNL\11 KLLI,U1 %bl LAN. 1 LUMPAANw n:LLrrlUhl- 11 rn }IY 0.+11 IAA,.. x— SPECIAL EVENT / PARK USE ONLY Application date PEIIMITTECII. PERN117N0. Narno of event: Organization holding event: V1141 Address location for event: �riL7V ('6 1 (it not owner of site, provide written consent from property owner( ,y �y Dates) of event:: L4 —�-/ — Y� �y / Thne(s) of Event: tram:—/�/%�u Contact person(,(: —ID:'l l 6PV-1-Y (/�/ Phone(s): --�0 (!/ C� y G Contact a -mail address: /'U�i%/f �G ��—%(� i�i Y'1 )W � � Off) W�-� Date when ready for inspection —! — / Tillie: APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS. LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES Olt STAGES, AND TEMPOIIARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. . NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WCUSITE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING OUEST1014AIIIE 1. Location of cooking shown oil attached sketch? YES _ N/A 2. Is any cooking raking place under u tent? It yes, Explain: (No deep frying permitted under a leap 3. Describe Number, type and site of cookers 4. Type(s) of heating source? (LP, Electric. Charcoal, etc.) SPECIAL EVENT SITE INFORMATION 1. Number of On -Site parking stalls utilized (provide a parking plan) 2. 14 011-Site or overflow parking available? Explain (provide agreements with property ownuri) 84 of 191 L Mmmhar, type and CMdon of proposed esaroam l AEasabei ww rvPe d ry * smelsl: I Tmnporary etedtk powers Please dmk Yet NO Pneaw By: Portable Othee tf Other, phases descrum 4. Pry WWIftS aowd anb4 wait 4, ar par ft wmW=w? yes , No DYmbP!emdeargm. L Esttmated atteada a at peak this@: -- " Onty !tens hash In wcordaaaa with a RaWa SWUdw and CIW Gnffn=m wW be permtwd to be told In ttta Ckty of Sdou mt. RREIA OM AaE FROKMM FOR RETAU. SALE tN THE CITY OF SFB smut. sPAmm AS D8lum IN P.S. M VAAY U PHBI MW FOR RETAM SALE VWiM A SMAI EV WPBMffHMO=MMBYTHECiTYOFSEBAi tM Any vendor f wid In aan•oaarpitanoe with the Ftorkb gm ftw6aff= Cade and any anodated M PA mW aot be able to open aWas operm u4m the sreador the Dade �� 1 HAVE READ W UtltIIti WAND THE FCRSW4 SPWAL VWWREWOMMBt S AND VEat M SAFEIV CKE WT mmewmamma �V i /Kt1tTv NAtIlt& t� �%!�/ Apt Dented: By: WrauWaWeswaum Approtredt Derded: BY: Data: RmAwnh tt3g Ault �rriR SRfelfr Sse�aldr Rees Surat Stsecial Event: �' ""._. One Ray/ <2S sues/ No a"ng "temp. elearlc/ Max tentsite 12xl2 Rearetrrrina Sttedai Event; Nan -consecutive but reooalydng one day Special Event One Day / < 2S sites / May Indude soaking or temp. eWMIc / Man tent size 12tt12 Good for 120 days / Up to 6 per year (may be extended with proper note) Sandal Events AH adierSpecial Events NO FEE $60.00 (per event depending on d of inspections) •• ADDrTtCM M MAAY AMY Fait AY E)O USn B OR FM-2=LMM RM UA IMRCUGH MCfUW Mal " $60.00 (per event) 85 of 191 CITY OII SEEN 11J.IL JI YIl.iAJ: I>LV.Y I\i llur Yll'.NI WtII . 1 &10 -1!�4111 N-u-11 %":I. 1M\�.--. . t..`t�()I\•,'.•III•.. I�I.t1l SPECIAL EVENT VENUUR RE, pUIREl1IEN'rs General: .PluatI u 1 .:-l"AuhV i muUal uaLli U.:clb,n .ltlu sun at tho nullttum. All vendors shall be espons/iible for Die lollovnng�iteemm�s: ) SPECIAL EVENT NAM �-,/ %�S� N vENDOR fJAME/�U�ir� DATE(SI OF EVENT. -I L� v� `� 1 'VENDOR CONTACT EVENT COORDINATOR 4964 'I 1A.1— ..LL1 1'. :i7 i11 "u. _— TENTS: All tents shall have some type of -1zrne iietatuant or Resislant i ollliL lt.:11 AU or rANtiiW0Ri%+ on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 it. apart. No smoking allowed in any tent. COOKING TENTS: Tents are allowed to have cooking iAPPROVED Al PLIAN.:EjI along the outer edges of the lent. LP gas tanks must be secured In place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 1011, from tents with gas lines secured. All cooking vendors shall have a 101t. separation from all other non -Woking vendors. NO LEEP FR r1NG UNDEk 1 t-,lit i FIRE EXTINGUISHERS: It is recommended that every vendor have an extinguisher. AI least one currently cellified and tagged. or within one year of manufacture date. extinguisher is required every 75 It along event walkways. All vendors who are cooking and/or using gunerators are rer uur:d to have at least one 5lu . 6C currenuy :urtillcu anu ; gtluc . Jf :nthln'Anc guar or nlanut. :uu1. \tar.. ,2-IUBCI uaunqu+snu+. All VendOrS who af0 deep fill frying are required to have at least one currently lagged ►ass h u.:unuulyuc+. SEATING: Seaung ano chair arrangements shall be approved by the Fire Prevention Oflce prior to the event and have a ollnuflurn of 311. wide walkwayb to all exits in the tent. Tents with an occupant load of over 49 requite a minimum of 2 exits. LARGE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exil signage. It a tent is usud at night. uxlt Slgfnr will 110% attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOK114G signs. OPEN FLAMES: Any unauthorized open llanies, fireworks or fuel -fired lighting or devices are prohibited in any will fir sundae unclosure unless pnol approval from the Fire Prevention Office is obtained. STORAGE: Use or nandhng of flammaole liquids or gases snail be prohibited at the site unless specifically approved and Inspected by the For Prevention Office. FLOORIDECOR: No hay, straw, shavings or similar materials shall be permilleu to oe useu vnlhin any structure. lent or canopy. Exceptions: Pro. approved (lame retardant treated materials or livestock beddinglfodder. GENERATORS: Generators shall be on level ground, secured, and safely arranged and Isolated from the occupanislguile(al public. Exhaust shall bu directed away from combustible material(s), people andlor animals. Spare fuel shall be stored in an approved culllalner at a sale distance hill Illu generator. NG r10T =UEUNG Fire extinguisher required. ELECTRIC: wrong and lighting shall be free of damage. All electrical equipment shall be isolated irom the occupawsaileneral public in a safe manner. All electrical connections and devices shall be in approved enclosures. COOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently lagged commercial vonlilabort and extinguishrnenusuppression systems if required per the FFPC and NFPA 96. Code References: Honda Fire Pfevanbun Code JFFPQ. 14FPA I. NFPA 96. NFPA 70. NFPA 101. 81VFPA 102. Any vendors) found nor complying with any of the checklist items may not be allowed to open andlor operate until compliance is made. u:rnu u+ �u Irlc Juuvu \unuu+ /uy+ruuuwnr. rer the tw JNucr.f v+. �� / (Respmisible P:nty uI Clulyc ul Specwl C-vunr) 86 of 191 ffM `o CERTIFICATE OF LIABILITY INSURANCE I °A031 =4 THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED Provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the poAcy, certain poticlas may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s PRODUCER CUMAUT Mttry two, State insurance Agency Inc CL 1g �, (772) 426.9933 �. Not Cn2) 428-$043 1010 SW Martin Dawns Blvd ceNflcea cates@Istateinsurangentcom INSURER a� 1 AFFORDING COVERAGE NAIC 0 Patm City FL 34990 INSURER A: RLl If1- race pany INSURED INSURERS: Barbara Ann Snow INSURER C : DEW Space Coast Superior Events INSURER D : 1099 Whisper Rd SE INSURER E : Palm Bay I� FL 32909 INSURER F : CAT CL2 C THI�TOE�FY THAT THE POLICI� WINCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AaR THE POLICY PERIOD tNDiCATEO. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCEwuuL�aH POLICY EiFF POLICY E" LTR lN,qR_JMrn POLICY NUMBER (MMMn YYYY1 IMMMDJYYYYI LIMITS COMMERCIAL GENERALLIABILITY �I1�91iU$ 1.000.000 CLAUS-MADE ® OCCUR PRfMLjES(Fa occuntnrnl S 50,000 MED EXP (Aar ow oar=) S 5.000 A Y BOP1050166 01/03/2024 011031M PERSONAL&ADVDIJURY S GENL AGGREGATE LIMIT APPLIES PER POLICY ECT LOC OTHER AUTOM08I1 E LIABILITY ANYAUTO OWNED SCHEDULED _ AUTOS ONLY AUTOS HIRED NON -OWNED _ AUTOS ONLY q AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAR HCLAIMS-MADE DEC, I RETENTION S WOM(ERSCOM401SATION AND EMPLOYERS' LtABUN Y I N ANY PROPRIETOWPARTHEWEXECUTIVE ❑ NIA OFFICER(MEMBER EXCLUDED? (Mandatory In NH) It "S. duer be under OESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Addtdond Remarks Schadute. ouy be a AGW N amm space is required) RE: Sebastian Riverview Park; BuderOy Garden Show April 27-28. 2024 Cardeate Holder Is Additional Insured With regards to General Llablllty. GENERALAGGREGATE S 2,000,000 PRODUCTS.COMPIOPAGG S 2,000,000 S OMB LIMIT S IC fteridertSINGLE BODILY INJURY (Par person) S BODILY INJURY (Per ecddonU S PROPEM DAMAGE S S EACH OCCURRENCE S AGGREGATE $ S PER TUTE I I ER EL EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORI1�Ds.esmaut' d..,JE Sebastian FL 32958 t 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 87 of 191 Jll .l SE13AST1 HOME OF PELICAN ISLANV Date: 3/13/2024 Project Number: 24-984 600 U S HIGHWAY 1 SEBASTIAN FL 32958 Paid By: Snow's Superior Events Barbara Snow 1099 Whisper Road SE, Palm Bay, FL 32909 Payments City of Sebastian 1225 Main St. Sebastian, FL 32958 i (772) 589-5567 *** Customer Receipt *** Payment ID Received Date Payment Type Reference. Num Fee 13121850 3113/2024 Check Park I Fire S Tax Park I Total Quantiy Amount :vent Large 0.0000 S800.00 pecial Event 1.0000 $60.00 0.0000 $88.00 !vent Large 0.0000 $800.00 $1,748.0 J 1.0000 $1.748.00' *** Thank you for your payment *** THIS IS NOT A PERMIT. This receipt does not authorize you to begin construction on your project. 88 of 191 SEBASTIAN CENTENNIAL CELEBRATION 1914 -1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Angelone Family Bridal Shower at the Sebastian Yacht Club. Background: Ophelia Angelone is seeking Council approval to serve alcoholic beverages at the Sebastian Yacht Club on Sunday, May 19th, 2024 from 10:30am to 2:30pm. Staff has verified applicant's date of birth. They are expecting 25 attendees. 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 City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: N/A N/A N/A 89 of 191 'In Cf SEAT" HOME OF PELICAN ISLAND CITY OF SEBASTIAN YACHT CLUB RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, Fl- 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 • For emergency purposes ONLY. please dial772,473.0454" Today's Date:' 3� /Z(/ (-)P9ez.r Arx. 2:& 1 Name of Permittee (permits only be Issued to an adult) Name of Organization (if applicable) Physical Address CJ Mailing Address (if different) city State Zip Phone Reason for Rental — Type of Function cc/-2,�FdD 1,4107M I ( . - r E-MA Address CD/Yj Anticipated Number of Attendees (Must be less than a maximum of 50) '/9/zv /(!d3o ;330 Requested Date Time: From To Please answer the following yes or no: _ 1) Are you a resident of Sebastian? �5 2) Will there be an admission charge or door charge? N 0 3) Will alcoholic beverages be served? IN/es If yes, please provide govt. issued ID proof of age / Date of Birth Verified by CV1 undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization,46at I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. i — Sigfiature of A ant XAParks and Recreation\Rental ApplicationsWacht Club 10.26.2023 90 of 191 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2772 Name o � 1�� 14119 -e 10fle- mash 7.S Date 4Check # xt 1017 Credit d a / ,5"1) O.;z4 /0—;!3& - .23�� 001001- 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services '1 Initials Amount Paid 7.6.3 ,2,5'o'o 0 TlV �10-3 Total Paid 11.3 White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 91 of 191 SEBASTIAN (EHTEHHIAI CELEBRATION 1914 -1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Roman Birthday and Graduation Party at the Community Center. Background: Blanca Roman is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, May 25th, 2024 from 4:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 50- 60 attendees. If Agenda Item Reauires Exuenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: 0h().11 N/A N/A N/A 92 of 191 ON �Y SE�T�_ I ..t .,_ HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 For emergency purposes ONLY, please dial 772.473.0454' Today's Date:A mu R\rwYc« \Qc."nx� Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) \1 U\ Fn,\y-�.,e 1 A 1' n Physical Address Mailing Address (if different) City State Zip Phone Reason for Rental — Type of unction t; cxvvt_Q.�C-, I ( y 1 (5? 'i c kc,,-A , . C,0 rV\. E-Mail Address Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) R q� necYDateIniq Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age upm I npm Time: From To �f;50�►g77 --- Date of Birth Verifiud by Roo nc cGL_PQYti'1C'An . the undersigned, acknowledge that I ani the applicant or authorized agent of the above: referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the a250.0U security deposit will be refunded if the budding 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 depusil -6. o '9 / , -L r1a T Signature of Applicant \:.fart:, anal Rccreatiun Rental AIII) IiCatiuns0('unIll uIII % Center It►.?h?U? 3 93 of 191 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2771 Name C 1� Ck. O M d.n Date 3 I C l Z0 24 Cash Check 60 rn rn c) 0 te*- J Credit G ru,,d ! 131 4� i ac, Pry - �o , one 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches Amount Paid Za , io 1.5,0.(Qo aeo,00 001501 369400 Reimbursement Services Pick op 0... k4el 6d1_CL+yrkLX 123 t u:i i I �. r�i JA-e6 or S/� t b-4 .12 Initials Total Paid &0 9S? White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 94 of 191 Mal SEBASTIAN (INTENNIIE MERRATION 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Planning and Zoning Commission Recommendation: Fill one unexpired, regular member position. Back<(uround: In response to the City Clerk's advertisement, the following residents have expressed interest in serving: Cindy Geesey (current alternate) Christopher Roberts (current alternate) Michael Coleman Christopher Robin Day Paul Dovell Lenny Houck Terry Reno If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: Applications, member list, advertisement Administrative Services Department Review: City Attorney Review ctu,�,� c City Manager Authorization: I %K Date: 95 of 191 MY of 9EBAS L,mmom,lo�T HOME OF PELOCAN ES11AND VOLUNTEER BOAR® AND C0MMMEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open. to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms up/on term expiration. Name: S r Address: It lj � `k /c�G�f City: 44gS/?�,1 State: %L Zip: _117cr�r Telephone: ( 7'702 E-Mail Address: G C•- P�� e �� C1 Ata o Ca /X Employer: A,r4f AccV City: State: Zip: Business Telephone: I am interested in serving on the following boards)/committee(s): 1s` Choice: / `),z 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment 96 of 191 Summary: Degree in Journalism from UGA, career in publishing. I have 4 years of experience chairing P&Z in Broward County. I helped a little % square mile beach village transition into an economically viable center for residents, tourists and independent businesses. I oversaw two low-rise, multi building condo developments on the beach and one on the Intracoastal as well as a renovation of Benihana. At my insistence, Benihana spent an unplanned $75K on their o)en lot parking area. I am good with people, whether developers, applicants or residents. I believe in adherence to all applicable codes and ordinances. Why do I want to serve on the Board? I care about Sebastian & its future, I have experience on P&Z and I want to give back. I understand the Code of Ethics, Sunshine Laws & Roberts Rules. For 3 years, I ran the "Rest, Relaxation & Romance" program providing free Sebastian weekends for USO selected active duty military. This brought a 10-page article celebrating Sebastian and its businesses in Vero Beach Magazine. Do you presently serve on a Board: Not in Sebastian yet, but this is my record of service: Marietta, GA: Commission appointed member of Cobb County Animal Control Board, Director for Cobb County Humane Society Lauderdale By -the -Sea, FL: Commission appointed Chair of P&Z (4 years) and Board of Adjustment (2 years). Elected to Board of Chamber of Commerce (6 years), President of LBTS Property Owners Assoc. (8 years); Broward County Humane Society, LBTS Performing Arts Center, Broward County Republican Executive Committee (8 years) Sebastian: Sebastian Property Owners Association (4 years), before Gilliams. Member of IRC Taxpayers Association, elected to IRC Republican Executive Committee (8 years) References: IRC Commissioner Joe Flescher, 772-226-1493 IRC P&Z Chair, Mark Mucher, 772-532-2413 IRC Commissioner Laura Moss, 772-226-1438 LBTS Mayor Chris Vincent, 954-612-8606 LBTS P&Z former member Dennis Richie, 239-234-3975 I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for ciaims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httr)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 1U) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. l understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: C' %� �� pat_. 2 Date Received by City Clerk's Office C 97 of 191 aiv or SE�Tu'W HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Christopher Roberts Address: 32958 772 Zip: Telephone: ( E-Mail Address: chroberts0015@gmail.com Employer: Comprehensive Healthcare Melbourne City: Business Telephone: ( ) - Sebastian City: 643 0615 State: Florida Zip: State: FI 32935 I am interested in serving on the following board(s)/committee(s): 1" Choice: Construction Board 2 "d Choice: Planning 9 and Zoning Commission CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION` " POLICE RETIREMENT BOARD OF TRUSTEES' PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 98 of 191 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I have a Bachelor's degree in Social Science and Religious Studies from Florida State State College. I have worked most of my career in social services/human services. I enjoy hPloingp Popp- and aSSiSt mV rII�Pt rnnnprted to the services they nPAri Why do you want to serve on this board? want to serve on this ••. • berg, Ise I want to •- • nnntrib, 1te to my comm,• and local government. I want this city to be a place I am proud to reside. I want to help build a community 1 beneficial• my children. Yes Do you presently serve on another City Board or Committee? If yes, please list: Construction Board for the City of Sebastian NO Have you previously served on any other City Board or Committee? If yes, please list: i I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part III) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. �•%.afn. �w anoetf`s Signature of Applicant: Date Received by City Clerk's Office q/201Z oZ Z 9/20/2020 Date: by: �il�.c.r�.l 0. d►'✓a 99 of 191 ,. Christopher roberts Sebastian, FL 32958 chroberts0015@gmail.com +1 772 643 0615 Work Experience Medical Case Manager Comprehensive Healthcare - Melbourne, FL February 2022 to Present I manage a caseload of at least 50 clients to ensure they have the resources to manage their regular health needs. My job consists primarily with scheduling medical appointments, transportation, and assisting with insurance issues. Child Protective Investigator The State of Florida June 2017 to December 2022 Experienced with conducting investigations following reports of abuse and/or neglect. Experienced in conducting one on one interviews with adults and children. Experienced in institutional, foster care, and "conflict case" specialized Established close working relationships with law enforcement before, during and after investigations. Consolidate gathered information to make child safety determinations on investigation. Make determinations of referral for services and/or removal when warranted. Works closely with team in dependency and neglect family court. Department Manager Walmart - Vero Beach, FL November 2016 to July 2017 Managed the meat department. Sales Associate Walmart November 2013 to November 2016 Education Bachelor of Science in Social Science and Religious Studies Florida State University 2011 High School Diploma Sebastian River High School 2005 100 of 191 an cf SEL3AS=2,91T�I HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: M I le L0 d ovwo Address: �0 30 BIoSso(n City: L120&h State: FL — Zip: Telephone: E-Mail Address: mmct4L 10 1 MO) (,b`` ) Employer: City: Business Telephone: ( State: Zip: I am interested in serving on the following boa rd(s)/com mittee(s): 1" Choice: r IQ I ►1 I, q and -&t �li I n 2nd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment `*Must be resident one year prior to application. 101 of 191 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designation may be attached.) _ I 6bP7P+W1V)(0J-fiYA (W K C)ffio— QZIO-Ian Bh +fd � 9 I -a►c C,� Of ON I I des N OPI Wh do you want to serve on this board? rfie cftlV ��'UP� �i11� COU1�vl rn ' Do you presently serve on another City Board or Committee? �vb If yes, please list: \I�c Have you previously served on any other City Board or Committee? 1 C� If yes, please see, I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/fonns.litml If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Port lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. 1\ _ A n I . 0 U Signature of Applicant: _ / Date: 5tl 0L 3 Date Received by City Clerk's Office M 12, 2-6Z-3 by: W.AC&AIA4 0 102 of 191 c"Yof HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accorda ice with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Christopher Robin Day Address: 785 Collier Club Drive City: Sebastian state: FL Zip: 32958 Telephone: ( 781 ) 724 - 0950 E_MailAddress: christopher.r.day@me.com Employer: Stay at home father (2 children 7&10) City: Sebastian state: FL Zip: 32958 Business Telephone: l ) - I am interested in serving on the following boards)/committee(s): 1, Choice: Parks and Recreation 2-d Choice: Planning and Zoning CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD` NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION - POLICE RETIREMENT BOARD OF TRUSTEES` PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'R'ina of financial disclosure is required following oppointmenr 103 of 19 t Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I have over 30 years in the Hospitality industry with experience from dishwasher to executive management. In construction opening and budget development in both new and existing properties, creating procedure manuals -emergency response tr ining, waTking_wAh_tocal union. to ensure events went smoothly -training, mentoring employees. Working with Secret Service, Massachusetts State Police, Boston Police & Boston Fire Department and others at many venues with events to coordinate and ensure protocols for safety were in place as attendees included Presidents, Governors, Mayors visiting dignitaries etc.. Attached resume for additional inofrmation Why do you want to serve on this board? I have been visiting Sebastian since 1999 and relocated my family here in December of 2021 to raise my children in this wonderful community. I would like the opportunity to serve on a board to help shape the future of Sebastian. I have a solid educational foundation and over 30 years expereince in the hospitality industry and passion for furtherinq projects with vision. I would very much appreciate the opportunity to contribute to the ongoing growth and continued success of Sebastian. Do you presently serve on another City Board or Committee? No If yes, please list: Have you previously served on any other City Board or Committee? No If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. 1 give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httr)://www.ethics.state.fl.us/ethics/forms.titml If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Port /Il) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. 1 understand that any false statements or omissions from this application may be cause for my application riot to be considered_ 5/22) Signature of Applicant: Dare: Date Received by City Clerk's Office �ZZ>'ZozJ� bye, (JX L&M4 104 of 191 Christopher Robin Day www.linkedin.com/in/christor)her-d-1890338I cdav1971(@vahoo.com 1 781-724-0950 Skills Beverage inventory control systems* Beverage procurement•Sourcing Wines•Cocktail conception •Bartending•Menu Development- High volume purchasing• Maximizing cost controls•Wine list creation•Wine and food pairing•Staff Management, Development, Hiring and Training•Pre-opening team•Team Building•TiPS certified•Event Operations & Execution•MS Office•POS (Micros, Aloha, Square)• Delphi•Daylight•Caterease• ServeSafe Certified•CPR/First Aid•Process creation•Budget Creation•ADP•Staffmate•Schedulefly Experience Chef Manager 2019-2021 Eurest, Compass Group USA, Boston Scientific, Quincy, MA • Full Culinary management of food service operation for corporate dining room • Organized meeting and special events promoting internal catering • Hired, mentored and trained staff for all positions • 100% on annual QA inspection • Re -conceptualized dining services with all new covid protocols Event & Beverage Manager 2014-2019 The Catered Affair at the Boston Public Library • Maintained and sourced all beverage needs for a $12M operation, leveraged purchasing discounts with local and international vendors to ensure best pricing • Created beverage inventory control system, implemented requisition system • Provided top tier service ensuring 100% guest satisfaction • Served in various management roles for the organization including opening new venues such as Harvard Art Museum, Cohasset Harbor Inn, Red Lion Inn, Atlantica Restaurant Banquet Manager 2012-2013 The Westin Boston Waterfront • Coordinated all facets of setup, breakdown and execution of events for 80,000 sq. ft of meeting space including 45 meeting rooms • Hired, mentored and trained a staff of more than 100 Local 26 associates to ensure 100% on LRA audit inspection while increasing Employee satisfaction scores by 38% and Banquet House Attendant productivity by 10% Assistant Director of Banquets The Royal Sonesta Boston 2007-2012 Conducted onsite TiPS training for bar and service staff, Developed Banquet training program Managed multiple events for 22,000 sq. ft of meeting space catering to local medical conventions, social events and corporate business Employee satisfaction scores over 4 years rose 27%, costs reduced by 8% annually increasing overall profitability 105 of 191 Additional Experience Director of Food and Beverage 2006-2007 Ipswich Country Club Assistant Director of F&B and Director of Banquets 2005-2006 Ritz -Carlton Hotel Boston and New Orleans Assistant Director of Banquets 2003-2005 Sheraton Boston Hotel Assistant General Manager 2002-2003 Education Centre International De Glion, Switzerland Food and Beverage Management Culinary Institute of America, Hyde Park, NY AOS in Culinary Arts Embassy Suites Logan Airport Director of Banquets 2000-2002 Swissotel Boston Director of Banquets 1997-2000 Kiowoh Island Resort Sous Chef 1993-1995 Russell's Creative Global Cuisine Schlosshotel Liebenstein Neckerwestheim, Germany Internship for Culinary Institute Professional Development Dale Carnegie Leadership Skills for Managers 1993 1992 1991 2012 106 of 191 QIY OF SEBA T" HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accorcance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Paul Dovell Address: 730 Kroegel Avenue Zip: 32958 Telephone: (_443_) _244_- E-Mail Address: pauldovell@comcast.net Employer: City: Orlando Business Telephone: ( 352 ) Florida Distributing Company State: 70S_- _6874 City: _Sebastian State: FL _7389 FL Zip: 32808 I am interested in serving on the following board(s)/committee(s): 1,° Choice: _Planning and Zoning Commission_ 2-Choice: _Parks and Recreation Advisory Committee CHARTER REVIEW COMMITTEE (serves only six months, every five yeors — next formotion in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION' POLICE RETIREMENT BOARD OF TRUSTEES' PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financiol disclosure is required following appointment 107 of 191 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? Do you presently serve on another City Board or Committee? �� If yes, please list: A114 Have you previously served on any other City Board or Committee? A1/ If yes, please list: —IV14 I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part I//) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at http://www.fisenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I he eby certify that all the statements made on this application are true and correct. I understand that any fal tements or omissions from is -application may be cause for my application not to be considered. -- - -- i Signature of Applicant: Date:—� Date Received by City Clerk's Office 5- Z Z - Z6Z3 b (,cJJL.a , 108 of 191 `f r- CITY OF SEAT .,�i HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise speclfled in the enacting ordinance orre5^vl::.^.^. Board and Committee tern-, are three years unless othen.v:Se SPeclfled :n the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Addrae.t' G7 fi Lo k e Il ) : 6' f' Pity- k O s l (,!A./ StatP: rL Zip: Telephone: E-Mail Address: N ►11 11 U L' f'_ k S-1 q r 1Y1G 1 Empioyer. V t �J Iu' (� 1� �1, ►1 L L City: C h 0 `1 1 G State: Zip: Business Telephone: ( % ?J } 3 - e P j� o I am interested in serving on the following board(s)/committee(s): I" Choice: V G /U /v c7)ti ; A,'("J,- 2A Choice: J J CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment 109 of 191 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) re L I tit r+ Lelor, fa6 1 e e hoc/ -/ l�-{ (�lp,.r iPN("C G- ��VIP, iN C, A. rii�'Cf (1,, 4h �C5.S�1/(, C L." t h f h od S'' U" 4Ill P-/ . i � o G cc 1 c �� !I bcJs►n.��SS�', s'o ju; (�ro rin cr,c1 ':ad"I�� Sr ul�-��dNS Why do you want to serve on this board? r I n Aee-,o S e i14 .S o c E -C, C L,.; fV f� r (%� ((,� i G'� e I h r ( c: w /v '� G 1 r' S �(J �'� L' b le ) �i � X �' C� 7 feer i he + C'C,1' - }��._ ��citi��c,/ wc, I a-� - Q� — exCj�C{' � C P: N Me ( . v Do you presently serve on another City Board or Committee? A/0 If VPC i11PCP list: Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.eov/statutes u�iid�r.�ituiid i iii u.�it v'turt tiiL' �itIr r1crk�s vf�a.e to rl-Mu1-st r�u Npviritiii�iit prior to �xplration. or to ual. ConSidcrc. for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause f my application not to be considered. Signature of Applicant: _ _ 'y Date: Date Received by City Clerk's Office 51-11ZGZ1 byj W 61 110 of 191 a1YOF HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: 32958 Terry Reno 208 Concha DR Zip: Telephone: E-Mail Address: tcrenl@belisouth.net Employer: NA City: Business Telephone: ( ) - City: Sebastian 954 ) 648 _ 7639 State: I am interested in serving on the following board(s)/committee(s): I" Choice: Planning and Zoning Commission 211`' Choice: Zip: State: L CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD- PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD "Filing of financial disclosure is required following appointment 111 of 191 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I have over twenty years of experience in large municipal environments in the management, planning, maintenance, repair and inspection of drainage, paving, water, wastewater and other municipal civil engineering projects. The inspection for compliance for public and private construction projects including the civil construction of parks, schools, industrial parks, and residential subdivisions. I have a A.S. degree in Contracting and Civil Engineering. ( Please see attached resume and certifications for additional information. ) Why do you want to serve on this board? I now consider myself a long term resident and I am interested in the future development of our City. I think that my experience working for other Florida municipalities, one that was one of the top ten fastest growing cities while I worked there in the engineering department doing civil engineering inspections and utility plan review, hopefully makes me a candidate for consideration. Do you presently serve on another City Board or Committee? No If yes, please list: Have you previously served on any other City Board or Committee? No If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for darnages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part //I) and Florida Sunshine Law (Florida Statutes, Chopter 286) Statutes may be reviewed at httr)://www.flsenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: 142 /S 2,3 Date Received by City Clerk's Office f 1-1151 ZCO) Z 3 by:4d W�� J 112 of 191 TERRY RENO 208 Concha Dr. Sebastian, Florida 32958 954-648-7639 tcrenl@bellsouth.net OBJECTIVE: Planning and Zoning Commission SUMMARY QUALIFICATIONS: Over 20 years of experience in a municipal engineering and utility environment in the management, planning, maintenance, repair and inspection of drainage, paving, water, wastewater and other municipal civil engineering projects. The inspection of public and private installation of roads and drainage, water distribution and wastewater systems for compliance with approved plans and specifications. The inspection for compliance and other public and private construction projects including the civil construction of parks, schools, industrial parks, commercial shopping center and residential subdivisions. EXPERIENCE. City of Sebastian FL 11-2007- 2015 Maintenance Supervisor • Maintenance work on public works facilities including the underground excavation and replacement of underground storm water piping. • Maintenance work on building and other public works facilities. • Operate a variety of power construction tools and heavy equipment used in the Public works Department. City of Pembroke Pines FI.8-99-11-2007 Engineering Inspector • Technical work in the inspection of public and private engineering projects including the installation of storm water drainage systems and road construction including paving and grading built to approved plans and specifications. • Technical work in the inspection of public and private engineering projects including the installation of water distribution systems, wastewater pump stations and collections systems to insure compliance with approved plans and specifications. • Responsible for the daily progress reports of assigned projects and prepares correspondence associated with the each project. • Conducted tests and made measurements in the field to verify the design and operation of engineered systems. • Investigated construction -related complaints and requests received from the public and/or other departments. • Checked layout and grades on new facilities to assure that the design intent is being accomplished. 113 of 191 City of Pembroke Pines FI.,1996-1999 Utilities Engineering Assistant • Technical work including review of utility construction plans of water distribution and wastewater pump stations and wastewater collections systems and associated documents for approval for construction. • Conferred with engineers on larger constructions of a commercial nature for pre -planning the distribution and collection systems. • Conferred with developers of new subdivisions concerning utility locations and standards. Supervise utility inspectors in the inspection of public and private utility water and wastewater construction projects. City of Pembroke Pines Fl., 1995-1996 Utilities Inspector • Technical work in the inspection of public and private utility water and wastewater construction projects to ensure compliance with approved plans. • Provide accurate locations of the cities underground utilities as requested. • Prepared "as-builts" reports and diagrams on all line locations performed documenting the details concerning the requested locations. City of Hollywood FI., 1992-1995 Wastewater Collection Superintendent • Responsible for the technical and administrative work in supervising 24 employees in the installation, operation, maintenance and repair of a sewer collection division of major South Florida municipality. • Implemented and administered developed policies and procedures dealing with management objectives and the operation and maintenance of the department. • Assists in preparation of the annual budget, regulated expenditures, approves invoices, and requisitions necessary materials and equipment. • Met with various engineers and contractors to aid in designing renovation work and selection of materials and equipment necessary. City of Hollywood FI., (following positions held 1981-1992) Chief Utility Mechanic, Utility Mechanic II Crew Chief, Heavy Equipment Operator, Utility Serviceman 11, Utility Serviceman • Responsible for supervision of crew maintaining and repairing wastewater collection systems. • Installs repairs and maintains pump station equipment including pumps, motors, valves, compressors and related components. • Maintenance on equipment included checking shaft wear sleeves, proper periodic lubrication, and adjustment of packing glands, proper pump sequence, checking for pump and motor vibration, shaft alignment, and bearing installation. • Inspected repairs and maintenance in progress to insure the work conforms to standard technical methods. • Required overtime work and the ability to respond to call -out work during non -working hours or emergencies. EDUCATION/CERTIFICATIONS: A.S. Degree in Contracting & Civil Engineering, Broward Community College, Davie, FI —1980 Qualified Storm Water Management Inspector- Successful completion of the Florida Storm Water, Erosion, and Sedimentation Control Inspector Training Program through the Florida Department of Environmental Protection - 2000 114 of 19t 30vt 0rrrq J. Tgpnv -- (t:-ajjtr,jctjj,ES anbr (CiW Ziginecring e M 741' Ile J (4,- de , OUX y0a &,, jOf.,4a.Wj,,',e Xa,dlrWad-r�Y- airmnit'ot the Pearb of X�mstlrm Virsctoc of �btmfoottmo ol 1.14 1 NE PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS [MOST RECENT HISTORY FIRST] Sara Battles Took Roth's unexpired regular member Term to expire 5/1/2025 530 Cross Creek Circle position 3/9/2022 Sebastian, FL 32958 Sara.battles(cDkimlev-horn.com (703) 843-1721 Rick Carter Reappointed 4/26/2023 Term to expire 4/1/2026 237 Main Street Sebastian, FL 32958 Reappointed 5/27/2020 focussys6Dcomcast.net 918-4600 Reappointed 3/22/17 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired alt member position 2/9/11 Reappointed 3/26/14 Dennis Haddix Took Simmon's expired regular member Term to expire 2/1/2026 105 Wood Stork Way position 2/8/23 Sebastian, FL 32958 haddixd(c�gmail.com ��{� Took Jordan's unexpired alternate (772) 925-5698 1 o � member position 10/12/22 Louise Kautenburg Term to expire 6/1/2024 Appointed regular member 6/9/2021 973 Oswego Avenue Took Reyes regular member position Sebastian, FL 32958 Louisekl(Diuno.com Appointed alternate member 2/12/2020 696-3716 Reappointed regular member 2/22/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 1/8/14 Took Hennessey's unexpired alternate member position 3/14/12 117 of 191 Linda Kinchen Reappointed regular member 1/10/2024 Term to expire 11/1/2026 190 Delmar Street Sebastian, FL 32958 Took Hughan's unexpired regular lindadolfan(d�aol.com member position 2/9/2022 (772)538-0253 Susan Lorusso Took Alvarez's regular member position 113 Joy Haven Drive 3/22/2023 Term to expire 11/1/2025 Sebastian, FL 32958 slorue..aol.com Took Jordan's alternate member position (772)321-2150 11/21/2022 Sherrie Matthews Took Lucier's position 6/14/2023 Term to expire 5/1/2026 Exempt per F.S.119.071 Smatt0618 aa..comcast.net Took Haddix's alternate member position (772) 473-6757 2/8/2023 Cindy Geesey-Alternate Took alternate member position Term to expire 11/1/2025 108 Wood Stork Way 3/22/2023 Sebastian, FL 32958 catvaclemmail.com (772) 918-8890 Christopher Roberts - Took Matthews alternate member Term to expire 1/1/2026 Alternate position6/14/2023 Exempt per F.S.119.071 Chroberts0015 ancimail.com (772) 643-0615 revised 1-112-2024 School Board Member: Dr. Gene Posca, (772) 269-3653 Gene.Posca@indianriverschools.org 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 118 of 191 r SEBASTIAN (ENTENNIAI (EIEBRATION 1914 -1014 February 29, 2024 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill one unexpired, regular member position on the Planning & Zoning Commission. The term will expire February 1, 2026. The Planning and Zoning Commission is responsible for planning and reviewing land use decisions within the City. This is a volunteer position. Applicants must have been a City resident one year prior to application and file annual financial disclosure. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted until March 18, 2024. 119 of 191 SEBASTIAN CENTENNIAL (ELEBRATION 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Natural Resources Board Recommendation: Receive activity report from the board. Background: At the December 1 P, 2023, Council meeting, it was the consensus of Council to have the Clerk schedule the reports from the boards and committees as to their planned activities. The Natural Resources Board would like to make their report and invite Council to Earth Day. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: N/A Administrative Services Department Review: City Attorney Review: N �' City Manager Authorization Date: r ILI - f-�r 120 of 191 ti 1EBASTIANN1 11U .1QJ CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: April 10, 2024 AGENDA ITEM TITLE: Second and Final Reading, Public Hearing for adoption of Proposed Charter Amendment Ordinance 0-24-05 relating to Terms of City Council Members. RECOMMENDATION: Conduct a public hearing and second reading for adoption, and at Council's discretion, pass or amend Ordinance 0-24-05 relating to terms of City Council Members. BACKGROUND: This proposed Ordinance is submitted for City Council's consideration at second and final reading and public hearing. Ordinance 0-24-05 proposes changes to the terms of City Council members from two years to four years. The terms will be staggered in order to align with the four year general election cycle. Elections in 2024 will be for two year terms. Elections in 2025 will be for three year terms. Elections thereafter will be for four year terms. If approved, the proposed language will be sent for consideration by the electorate at the next general election to be held in November of 2024. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 City Clerk Legal Ads Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund ATTACHMENTS: Proposed Ordinance No 0-24-05 Administrative Services Department Review: City Attorney Review: Gu- tJ Procurement Division Review, if applicable: N A City Mana per Authorization: Date: 121 of 191 ORDINANCE NO.O-24-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE THE TERM OF CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR YEARS WITH STAGGERED ELECTIONS FROM 2024 TO 2026; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of the Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, the City Council of the City of Sebastian has held a first reading and public hearing on March 20, 2024 during which the City Council determined that it is the public interest to change the term of City Council members from two year terms to four year terms in order to better serve the citizenry of the City and to provide for staggered terms such that the terms shall align with future general election cycles; and WHEREAS, the City Council of the City of Sebastian has held a second reading and public hearing for adoption on April 10, 2024 during which the City Council determined that it is the public interest to change the term of City Council members from two year terms to four year terms in order to better serve the citizenry of the City; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 4.12 of the City Charter of the City of Sebastian, Florida, shall be amended as follows: "Sec. 4.12. - Election Procedures; tie vote. (a) !: all g—c-ra bl , Jp-sial elections_the a ndidatesr-eeeivingthe highest vote in ..1, A-f th-e vFc offiee� ..,.vuneil member- to be filled shall be .leeted for- twe year- eo...v..., z. t�z Y/lanee � of tvcZnctefmr Commencine in 2025. in all general or special elections. the candidates receivine the highest vote in each of the offices of council member to be filled. shall be elected for one three-vear term. or the balance of the term. 122 of 191 (b) Commencing in 2026. in all general or special elections. the candidates receivine the hiuhest vote in each of the offices of council member to be filled. shall be elected for four-vear terms. or the balance of the term.." Section 2. ELECTION. An election is hereby called and scheduled for November 5, 2024, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law. Section 4. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Charter Referendum #1 Amending the City of Sebastian Charter to Increase Councilmember Terms to Four Years Shall Charter Sec. 4.12 of the City of Sebastian be amended to provide that the Council Members are elected for three-year terms in 2025 and commencing with the year 2026 thereafter for four- year terms? Yes for Approval No for Rejection Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Councilmember Fred Jones Councilmember Christopher Nunn Councilmember Bob McPartlan 2 123 of 191 The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2024. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the TC Palm Press Journal as required by Florida Statutes, that one public hearing on the Ordinance was held on the 20th day of March, 2024, AND and that following said public hearing this Ordinance was passed by City Council for placement on the November 5, 2024 ballot. Jeanette Williams City Clerk 3 124 of 191 > SEBASTIAN (LNTLNNIAL (11192ATION 19U -1014 CITY COUNCIL AGENDA TRANSMITTAL Meeting Date: April 10, 2024 Agenda Item Title: Second Reading and Public Hearing of Ordinance 0-24-07 Relating to Codification of Procedural Matters relating to Council and Citizen Advisory Boards. Recommendation: The City Attorney recommends City Council hold second reading and public hearing on the adoption of Ordinance 0-24-07. Background: At the City Council workshop meeting on January 24, 2024, the City Council held a discussion on procedural matters relating to the City Council and citizen advisory boards. Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters as well as making certain proposed changes as suggested and approved at the workshop. The City Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the procedures on City Council and citizen advisory board meetings. Proposed Ordinance 0-24-07 repeals and codifies Resolution R-24-02, and makes the following changes: (1) Speaker oath cards. (2) Changes to Resolution R 24-02 as approved on January 10, 2024 prior to codification. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund Attachments: 1) Resolution No. R 24-02 2) Proposed Ordinance 0-24-07 Administrative Services Department Review: -- U4 City Attorney Revie W(j — -- % `O Procurement Division Review, if applicable: NIA City Manager Authorization: k� Date: Y 125 of 191 RESOLUTION NO. R 24-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION R-2132; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Special Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. nuasi-iudicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on any other day no earlier than 9:00 a.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. E. Commercial Media Technoloev ICMn: City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such commercial media technology (CMT) by elected, appointed officials and members of the public. City 126 of 191 Council determines it is necessary to protect the health and safety of City Officials, City staff, and the public. City officials can fully participate and take official action during a public meeting by the use of CMT, as long as an in person quorum is met or in times of emergency. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. F. Quorum: The City Council finds that its attendance requirement for purpose of establishing a quorum can be satisfied by physically being present or in times of an emergency, by CMT attendance. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECT!(ON.L AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. LECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTIO i,_6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a,.. ,,,v;... ::on, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferliva Decision on Merits. City Council may defer action on the merits of any matter. 2 127 of 191 SECTION S. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda (for an item that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of 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); and City Council or Charter Officer Matters. Council may, by majority vote, can upon an individual to provide input if desired 2. Workshons and Snecial Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. 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, provided, however, the Mayor and members of City Council may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. Public input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of 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. agCTION 9. TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. 3 128 of 191 A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, sucli failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-21-32. SECTION 12. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 13. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 14. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Dodd , was seconded by Council Member Nunn , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Kelly Dixon ave Council Member Fred Jones absent Council Member Bob McPartlan absent Council Member Chris Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 1 Oth day of January 2024. CITY OF SEBASTIAN, FLORIDA By: <• aeP r Mayor Ed Dodd ATTEST: J ette Williams, MMC City Clerk Approved as to form and content for elb teCtySebatian only: (LpKifer Cockcroft, Esq. t City Attorney 4 129 of 191 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES * 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS. AWARDS. BRIEF. ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is five minutes; however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Stafffinal comments and recommendation Chair closes hearing Council Deliberation and Action 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9. 30 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. 5 130 of 191 ORDINANCE NO.O-24-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-24- 02; REPEALING RESOLUTION R-24-02; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, the City Council has previously resolved to adopt and amend procedures for the meetings of its Council as well as other City citizen advisory boards; and WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these matters so as to provide its citizens open and public notice of these matters by providing for codification thereof into the City's Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. CODIFICATION OF MATTERS IN R-24-02. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article II —CITY COUNCIL Section 2.33. — Additional Meeting Procedures Adopted. (a) ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. (b) CITY COUNCIL MEETING DATE AND TIME. (1) Regular Meetings. Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. (2) Special Meetings. Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. 131 of 191 (3) Quasi-judicial Hearings. Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. Testimony at quasi-judicial hearings shall be under oath as provided herein and subject to all applicable hearing procedures as outlined by law or the Citv's Code of Ordinances. (4) Workshops. Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 9:00 a.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. (5) Commercial Media Technology (CMT). City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such commercial media technology (CMT) by elected, appointed officials when necessary due to exigent circumstances. City officials can fully participate and take official action during a public meeting by the use of CMT due to exigent circumstances, so long as an in person quorum is met or due to a declared state of emergency. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. (6) Quorum. The City Council finds that its attendance requirement for purpose of establishing a quorum can be satisfied by physically being present or in times of a declared state of emergency or exigent circumstances by CMT attendance. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. (c) THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. (d) AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. (e) AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item shall be afforded a reasonable opportunity to address City Council on such new agenda item. (I) AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form below herein. However, Council may change the order of agenda headings by majority vote. (g) ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Resolution or Ordinance by title unless applicable law requires more than the title be read. 2 132 of 191 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer action on the merits of any matter. (h) PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. l . Regular Meetings. Public input is allowed under Consent Agenda (for an item that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of 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); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. 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, provided, however, the Mayor and members of City Council may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. 3 133 of 191 C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of 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. (i) TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. (j) RULES AS GUIDELINES. It is intended that the rules set forth in this Section provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Section, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Section, such failure shall not invalidate action taken by City Council or staff. (k) SWEARING OF WITNESSES. Any person presenting factual information to the City Council or Board during a ouasi-iudicial hearing shall be sworn. unless otherwise allowed by law such an attorney. This may be done by execution of a Sneaker Oath Card. All testimonv shall be under a sworn oath to tell the truth. The oath shall be contained on a sneaker's card or other form as designated by the City Clerk. All persons wishing to sneak on a Quasi-iudicial matter shall submit a sneaker's card at or before the time of presenting testimonv to the clerk on duty. SECTION 2. REPEAL. This Ordinance repeals Resolution R-24-02 in its entirety. SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or other such appropriate word or phrase in order to accomplish such intentions. SECTION 4. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or Ordinances in conflict herewith are hereby repealed, including R-24-02. SECTION 5. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption. 4 134 of 191 The foregoing Ordinance was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2024. CITY OF SEBASTIAN, FLORIDA U90 ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq., B.C.S. City Attorney Ed Dodd, Mayor 5 135 of 191 SIDAITIANII nu•roa CITY COUNCIL AGENDA TRANSMITTAL Meetint Date: April 10, 2024 Agenda Item Title: Second Reading and Public Hearing of Ordinance 0-24-08 Relating to Codification of Procedural Matters relating to Citizen Advisory Boards Recommendation: The City Attorney recommends City Council hold second reading and public hearing on the adoption of Ordinance 0-24-08. Back;tround: At the City Council workshop meeting on January 24, 2024, the City Council held a discussion on procedural matters relating to the City Council and citizen advisory boards. Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters as well as making certain proposed changes as suggested and approved at the workshop. The City Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the procedures on City Council and citizen advisory board meetings. Proposed Ordinance 0-24-08 finther codifies matters relating to citizen boards, not including quasi- judicial proceedings. These matters were previously adopted in Resolution 22-15 but not repealed this year by Resolution 24-02. Approval of Ordinance 0-24-08 is recommended to codify these matters. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund Attachments: 1) Resolution No. R 22-15 2) Proposed Ordinance 0-24-08 Ll Administrative Services Department Review: �` City Attorney Review; �- Procurement Division view, if applicable: City Manager Authorization:[ Date: aoa Y 136 of 191 RESOLUTION NO. R-22-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING R-12-38 IN ITS ENTIRETY; CREATING NEW BOARD CATEGORIES AND PROCEDURES; PROVIDING FOR MEETING START TIME AND END TIMES FOR ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES FOR PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR USE OF ROBERTS RULES OF ORDER AS A GENERAL GUIDELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, the City Council desires to update the procedures for board and committee meetings in the Code of Ordinances; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest to provide clear direction to its appointed Boards and Committees by approving a standard meeting time, meeting and public input guidelines, and agenda format to be used to provide for successful Board and Committee meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. BOARD AND COMMITTEE MEETING TIME. City Board and Committee meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of members present. All unfinished business at adjournment shall be carried to the next meeting. SECTION 2. ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. All matters uo throuah the Chair. Members of the Board or Committee have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of the Board or Committee may appeal the decision of the Chair to the Board and the result shall be determined by majority vote. 137 of 191 SECTION 4. BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS. There shall be three (3) types of City of Sebastian Boards: A. Cateeory I: These are Judicial or financial in nature and are there to advise or recommend to City Council or staff on a specific item brought before it per the Code. L BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall under Category 1. 2. The amended Agenda will reflect that these boards do not have a separate section related to Public Input on non -agenda matters, Commission Matters or Next Agenda. However, the public can bring up issues related to a specific item that is related to the Boards' purview to a commissioner to be considered for placement on the next agenda by consensus of the Board and any comment on matters before the Board. B. Cateeory 2: These are fact finding and public representation to advise City Council. These boards do not implement policies. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Charter Review, Natural Resources, Budget Review, Parks & Recreation and Veteran's Boards fall under Category 2. 2. The amended Agenda will reflect Public Input; but, no Commission Matters or Next Agenda. C. Cateeory 3: These are Ad hoc or temporary committees created on an "as need" basis by City Council and their function and authority is defined at the time of its creation. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3. 2. The amended Agenda as needed when created by City Council. The general format and guidelines for City meeting agendas shall be generally in the form attached hereto as Exhibit "A". SECTION 5. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI- JUDICIAL) Order for public hearings (other than quasi-judicial procedures which arc established by City Council Resolution No. R-20-35) before City boards and committees: A. Order of Business: *Chair announces opening of the hearing. *City Attorney reads the title. *Chair announces rules that apply to the hearing. *Applicant presentation. *Stqffpresentation, comments and p,eliminaiy recontntendation. *Public Input. *Stafrftnal suntntaq and teconunendation. *Chair closes hearing. *Board deliberation and action. B. Continuance of Public Hearing,. The Board or Committee may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re- 2 138 of 191 noticed. The Board or Committee may defer action on a matter and continue the public hearing for receipt of written comments on the matter. SECTION 6. PROCEDURES FOR PUBLIC INPUT. A. Procedures for Public Input. 1. Time Limit. Individuals who wish to address the Board or Committee on any agenda items for which official action is to be taken (typically items listed under public hearings, new business and unfinished business) are allowed five minutes to speak on that item, however, the Board or Committee may extend or tenninate an individual's time by majority vote of members present. 2. lnnut Directed to Chair. Speakers shall address the Board or Committee immediately prior to deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of the Board or Committee or City staff. Individuals shall not address the Board or Committee after commencement of deliberation on an agenda item after public input has concluded, provided, however, the Chair and any member of the Board or Committee may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 2 above. C. Public iiout. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to the Board or Committee 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 the Board or Committee one week prior to the meeting if they intend to refer to specific material. The Board or Committee will not debate an issue during Public Input but may decide by consensus to place a requested item on a future agenda. SECTION 7. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Boards and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by Board or Committee failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least a majority of the members present. B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by the Board or Committee. 139 of 191 SECTION 8. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 9. 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 the need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 10. EFFECTIVE DATE. This Resolution shall take effcct upon its adoption. The foregoing Resolution was passed for adoption by Council Member Dodd , was seconded by Council Member Nunn , and upon being put to a vote, the vote was as follows: Mayor Jim Hill absent Vice Mayor Fred Jones aye _ Council Member Ed Dodd aye Council Member Chris Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of June , 2022. ATTEST: anctte Williams, MMC ity Clerk Approved as to Form and Content for Reliance by the City of Sel Mtian Only: a] CITY OF SEBASTIAN, FLORIDA 13y: Vice Mayor Fred Jones for .lim Bill, Xlayol- 140 of 191 EXHIBIT "A" SEBASTIAN BOARD AND COMMITTEE JUDICIAL/FINANCIAL COMMITTEE AGENDA FORMAT AND GUIDELINES * CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS Modifications and additions require unanimous mote of members. Deletions do not apphv. S. PUBLIC HEARINGS (does not apply to all boards) *Chair shall announce the opening of the public hearing *City Attorney shall read the Ordinance or Resohrtion 41, title unless applicable law requires more than the title be read *Applicant presentation, if appropriate *City staf)"shall make a presentation, comments and preliminar;l, recommendation, if any *Public input (for or against) *City stafffinal summary and recommendation, if any *Chair closes hearing. *Board Deliberation and Action 6. UNFINISHED BUSINESS 7. NEW BUSINESS 8. ADJOURN *Any provisions of this Resohrtion may be suspended by the affirmative mote of at least a majority of members present. 5 141 of 191 SEBASTIAN BOARD AND COMMITTEE FACT FINDING/AD HOC AGENDA FORMAT AND GUIDELINES * I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS Modifications and additions require unanimous mote of members. Deletions do not apply. 5. PUBLIC INPUT Public Input on items other than on the printed agenda, isfive minutes, however, it can be extended or terminated by a majority vote of membe►s present 6. UNFINISHED BUSINESS 7. NEW BUSINESS 8. ADJOURN *Any provisions of this Resohition may be suspended by the of rmative vote of at least a majority of membe►s present. 3 142 of 191 ORDINANCE NO.O-24-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-22- 15; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish citizen advisory board meeting times and dates and provide for conduct of City citizen advisory board meetings; and WHEREAS, the City Council has previously resolved to adopt and amend procedures for the meetings of its Council as well as other City citizen advisory boards; and WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these matters so as to provide its citizens open and public notice of these matters by providing for codification thereof into the City's Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. CODIFICATION OF MATTERS IN R-22-15. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 1— Generally Section 2.168 — Citizen Board Meeting Procedures. (a) BOARD AND COMMITTEE MEETING TIME. City Board and Committee meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of members present. All unfinished business at adjournment shall be carried to the next meeting. (b) ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. (c) THE CHAIR The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. All matters go through the Chair. Members of the Board or Committee have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of the Board or Committee may appeal the decision of the Chair to the Board and the result shall be determined by majority vote. 143 of 191 (d) BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS. There shall be three (3) types of City of Sebastian Boards: A. Cateaory 1: These are Judicial or financial in nature and are there to advise or recommend to City Council or staff on a specific item brought before it per the Code. 1. BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall under Category 1. 2. The amended Agenda will reflect that these boards have no Public Input, Commission Matters or Next Agenda. However, the public can bring up issues to a commissioner to be placed on the next agenda by consensus. B. Cateaory 2: These are fact finding and public representation to advise City Council. These boards do not implement policies. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Charter Review, Natural Resources, Budget Review, Parks & Recreation and Veteran's Boards fall under Category 2. 2. The amended Agenda will reflect Public Input; but, no Commission Matters or Next Agenda. C. Cateaory 3: These are Ad hoc or temporary committees created on an "as need" basis by City Council and their function and authority is defined at the time of its creation. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3. 2. The amended Agenda as needed when created by City Council. (e) ORDER FOR PUBLIC HEARINGS. Order for NON QUASI-JUDICIAL public hearings before City boards and committees: A. Order of Business: *Chair announces opening of the hearing. *City Attorney reads the title. *Chair announces rules that apply to the hearing. *Applicant presentation. *Staff presentation, comments and preliminary recommendation. *Public Input. *Stafffinal summary and recommendation. *Chair closes hearing. *Board deliberation and action. B. Continuance of Public Hearing. The Board or Committee may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. The Board or Committee may defer action on a matter and continue the public hearing for receipt of written comments on the matter. (f) PROCEDURES FOR PUBLIC INPUT. A. Procedures for Public Input. 2 144 of 191 1. Time Limit. Individuals who wish to address the Board or Committee on any agenda items for which official action is to be taken (typically items listed under public hearings, new business and unfinished business) are allowed five minutes to speak on that item, however, the Board or Committee may extend or terminate an individual's time by majority vote of members present. 2. Input Directed to Chair. Speakers shall address the Board or Committee immediately prior to deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of the Board or Committee or City staff. Individuals shall not address the Board or Committee after commencement of deliberation on an agenda item after public input has concluded, provided, however, the Chair and any member of the Board or Committee may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 2 above. C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to the Board or Committee 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 the Board or Committee one week prior to the meeting if they intend to refer to specific material. The Board or Committee will not debate an issue during Public Input but may decide by consensus to place a requested item on a future agenda. (g) RULES AS GUIDELINES. It is intended that the rules set forth in this Section provide a guideline for the effective operation of the business meetings of City Boards and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by Board or Committee failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Section, in whole or part, may be suspended by the affirmative vote of at least a majority of the members present. B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this Section, such failure shall not invalidate action taken by the Board or Committee. SECTION 2. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or other such appropriate word or phrase in order to accomplish such intentions. SECTION 3. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or 3 145 of 191 unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption. The foregoing Ordinance was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2024. CITY OF SEBASTIAN, FLORIDA I0 ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq., B.C.S. City Attorney Ed Dodd, Mayor 4 146 of 191 SEBASTIAN C1111111"IM C11112010M "14.1618 CITY COUNCIL AGENDA TRANSMITTAL Meetine Date: April 10, 2024 Agenda Item Title: Second Reading and Public Hearing on Ordinance 0-24-09 Relating to Codification of Quasi -Judicial Procedural Matters relating to Citizen Advisory Boards. Recommendation: The City Attorney recommends City Council hold second reading and public hearing on the adoption of Ordinance 0-24-09. Background: At the City Council workshop meeting on January 24, 2024, the City Council held a discussion on procedural matters relating to the City Council and citizen advisory boards. Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters as well as making certain proposed changes as suggested and approved at the workshop. The City Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the procedures for citizen advisory board meetings. Proposed Ordinance 0-24-09 further codifies matters relating to citizen boards, specifically: quasi- judicial proceedings. The majority of these matters were also previously addressed by Resolution R-20-35 but not codified. Approval of Ordinance 0-24-09 is recommended to codify these matters and to make recommended changes from the City Council meeting of January 24, 2024. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 Total Cost: Advertising costs approximately $331; translation fee minimum fee, S75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund Attachments: 1) Resolution No. R 20-35 2) Proposed Ordinance 0-24-09 Administrative Services Department Review: l� City Attorney Review -- - Procurement DivisionKeeview, if applicable: _ NIL_ City Manager Authorization: Date: _0 / a 0 2 Y 147 of 191 RESOLUTION NO. R-20-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-12, AND REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILiTY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a fundamental requirement that parties and interested persons in relation to such quasi- judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded procedural due process; and WHEREAS, the City Council has determined it necessary to revise more exacting provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in Resolution No 99-12 ensuring that participants in a quasi-judicial proceeding, and the public, are provided with reasonable opportunities to be heard in a public hearing forum that is predictable, consistent and provides due process to all participants; and WHEREAS, it is the intent of the City Council to repeal the quasi-judicial procedures as adopted and established by Resolution No 99-12, and that they comply with Florida Statutes Section 286.01 15 authorizing a local government to adopt quasi-judicial procedures by ordinance or resolution thereby removing the presumption of prejudice from ex-parte communications with local public officials during the conduct of quasi-judicial hearings conducted in compliance with the procedures as adopted by City Council; and WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide notice and guidance to all participants and the public who appear before the City Council or other City Board, as such board may be established by the City Charier and/or the City of Sebastian Code of Ordinances, that the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi-judicial proceedings set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: SECTION 1. CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following Quasi -Judicial Procedures are to be adhered to in the conduct of such hearings: A. Swearing of witnesses. Any person presenting factual information to the City Council or Board during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the City Council on the record at the time the person comes to the podium or as a group before the (tearing commences. If the Clerk is not available, the City Attorney can administer the oath. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely 148 of 191 advocating the applicant's position, need not be sworn. B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over -ruled by a majority of the City Council or the Board upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the City Council or Board, by majority vote, may set limits on the length of presentations and the number of witnesses on a case -by -case basis. D. Competent Substantial Evidence. in deciding whether the application does or does not meet the standards, the City Council or Board must base its decision on what is known as "competent substantial ei,ideuce." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable and tend to Drove a Doint such that a reasonable mind would accent it as sufficient to support the conclusion reached. Competent substantial evidence should not be speculative, hypothetical or coniecture. Instead, it must be relevant. material and within the nurview of knowledge of the witness offering the evidence. E. The Aanlicability of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to consider and apply the criteria set forth in the applicable Code section at issue. For example, if the City Council or Board are considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code or as amended. F. Due Process. A party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine witnesses. G. Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of the City Council or Board shall disclose ex-parte communications in accordance with law. An ex pane communication is any communication, oral or written, between members serving on the City Council or Board and the public, other than those made on the record at the public hearing. 1-1. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. Mayor or Chair opens the Quasi -Judicial Hearing; 2. The City Attorney reads the Resolution Title; 3. The City Council or Board Members disclose ex -pane communication; 4. The City Clerk swears in all who intend to provide testimony. If unavailable, the City Attorney will administer the oath; 5. The applicant or his agent shall make a presentation in favor of the request; 149 of 191 6. The staff shall present its findings and analysis; 7. The City Council or Board shall ask questions of the applicant and staff as it sees fit; 8. The Mayor or Chair shall open the floor to anyone in favor of the request who wishes to speak or ask questions; 9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes to speak or ask questions; 10. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public; 11. Staff is provided an opportunity to summarize its position; 12. The City Council or Board deliberates the request, asking such questions as it sees fit; and 13. The Mayor or Chair calls for a motion; and 14. The City Council or Board takes action. SECTION 2. REPEAL. This Resolution repeals Resolution R-99-12 in its entirety. SECTION 3. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi- judicial under the laws of the State of Florida. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITV. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. SECTION 6. 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 public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember McParUan and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice -mayor Jim Hill aye Councilmember Fred Jones aye Councilmember Christopher Nunn aye Councilmember Bob McPartlan aye 150 of 191 The Mayor there upon declared this Resolution duly passed and adopted this 9"' day of December, 2020. ATTEST: �jANETTE WILLIAMS. MMC. City Clerk Approved as to lbnn and legality for reliance by the City of Sebastian only: / A4ANZ ANO , City Attorney CITY OF SEBASTIAN. FLORIDA By: ED DODD, Mayor 4 151 of 191 ORDINANCE NO.O-24-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-20- 35; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to provide for conduct of City citizen advisory board meetings; and WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a fundamental requirement that parties and interested persons in relation to such quasi-judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded procedural due process; and WHEREAS, the City Council previously determined it necessary to revise more exacting provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in Resolution No 99-12 and 20-35, ensuring that participants in a quasi-judicial proceeding, and the public, are provided with reasonable opportunities to be heard in a public hearing forum that is predictable, consistent and provides due process to all participants; and WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide notice and guidance to all participants and the public who appear before the City Council or other City Board, as such board may be established by the City Charter and/or the City of Sebastian Code of Ordinances, that the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi- judicial proceedings set forth herein. WHEREAS, the City Council has previously resolved to adopt and amend procedures for the meetings of its Council as well as other City citizen advisory boards; and WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these matters so as to provide its citizens open and public notice of these matters by providing for codification thereof into the City's Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. CODIFICATION OF MATTERS IN R-20-35. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 1 — Generally 152 of 191 Section 2.174 — Quasi -Judicial Hearing Procedures. (a) CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following Quasi -Judicial Procedures are to be adhered to in the conduct of such hearings: (1) Swearing of witnesses. Any person presenting factual information to the City Council or Board during the hearing shall be sworn, unless otherwise allowed by law such an attorney. This may be done by execution of a Sneaker Oath Card. All testimony shall be under a sworn oath to tell the truth. The oath shall be contained on a sneaker's card or other form as designated by the Citv Clerk. All persons wishing to sneak on a Quasi-iudicial matter shall submit a sneaker's card at or before the time of nresenting testimonv to the clerk on dutv. (2) Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over -ruled by a majority of the City Council or the Board upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. (3) Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the City Council or Board, by majority vote, may set limits on the length of presentations and the number of witnesses on a case -by -case basis. (4) Competent Substantial Evidence. In deciding whether the application does or does not meet the standards, the City Council or Board must base its decision on what is known as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable and tend to prove a point such that a reasonable mind would accept it as sufficient to support the conclusion reached. Competent substantial evidence should not be speculative, hypothetical or conjecture. Instead, it must be relevant, material and within the purview of knowledge of the witness offering the evidence. (5) The Applicability of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to consider and apply the criteria set forth in the applicable Code section at issue. For example, if the City Council or Board ar-e is considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code or as amended. (6) Due Process. A party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine witnesses. 2 153 of 191 (7) Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of the City Council or Board shall disclose ex-parte communications in accordance with law. An ex parte communication is any communication, oral or written, between members serving on the City Council or Board and the public, other than those made on the record at the public hearing. (8) Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. Mayor or Chair opens the Quasi -Judicial Hearing; 2. The City Attorney reads the Resolution Title; 3. The City Council or Board Members disclose ex-parte communication, conflicts or site visits: 4. The City Clerk swears in all who intend to provide testimony or accepts speaker oath cards. If unavailable, the City Attorney will administer the oath; 5. The applicant or his agent shall make a presentation in favor of the request — maximum time 30 minutes; 6. The Staff shall present its findings and analysis of request — maximum time 30 minutes: 7. The City Council or Board shall ask questions of the Applicant and Staff as it sees fit; 8. The Mayor or Chair shall open the floor to anyone in favor of the request who wishes to speak or ask questions - maximum time 5 minutes Der person: 9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes to speak or ask questions- maximum time 5 minutes Der person: 10. The Applicant is provided an opportunity to respond to any of the issues raised by Staff or the public - maximum time 10 minutes: 11. Staff is provided an opportunity to summarize its position - maximum time 10 minutes. 12. The City Council or Board deliberates the request, asking such questions as it sees fit; and 13. The Mayor or Chair calls for a motion; and 14. The City Council or Board takes action. SECTION 2. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or other such appropriate word or phrase in order to accomplish such intentions. SECTION 3. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or Ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 5. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the 3 154 of 191 City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption. The foregoing Ordinance was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2024. CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq., B.C.S. City Attorney 4 155 of 191 SEBASTIAN (INTINNIII (nISIATION HI(-M4 CITY COUNCIL AGENDA TRANSMITTAL Meetingu Date: April 10, 2024 Agenda Item Title: Second Reading and Public Hearing of Ordinance 0-24-10, to Amend Sections 2-172 — Removal; and Section 2-173 — Attendance; of the City Code of Ordinances Recommendation: The City Attorney recommends City Council hold a second reading and public hearing on the adoption of Ordinance 0-24-10 to Amend the City Code of Ordinances Sections 2- 172 and 2-173. Background: At the City Council workshop meeting on January 24, 2024, the City Council held a discussion on procedural matters relating to the City Council and citizen advisory boards. Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters as well as making certain proposed changes as suggested and approved at the workshop. The City Attorney was given direction on the possible changes and on bringing forward an Ordinance to modify provisions of the Code of Ordinances relating to removal of citizen advisory boards, investigations by the City Attorney of same and clarify the role of alternates. Proposed Ordinance 0-24-10 proposes codifications on these matters as directed. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund Attachments: 1) Proposed Ordinance 0-24-10 Administrative Services Departmen t Review: City Attomey ReviewOeviewo, Procurement Division if applicable: City Manager Authorization: Date: LI 1 a va y c NIA 156 of 191 ORDINANCE NO. 0-24-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-172 — REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, the City Council of the City of desires to update procedures for citizen advisory board matters in the Code of Ordinances; and WHEREAS, the City of Sebastian has determined that it is in the City's best interest to define certain parameters to ensure a fluent process for the City of Sebastian's advisory and policy making boards and committees as to procedural matters for removal and alternate participation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. AMENDMENTS TO THE CODE OF ORDINANCES. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 1— Generally SECTION 2-172. REMOVAL. IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: Sec.2-172. Removal/Investigations. (a) When member appointments are reauired to be made by an approving resolution or motion. such member shall serve at the pleasure of the Council member having the nominating privilege for the consideration of such approving resolution or motion. and shall be subiect to removal by such Council member at anv time without cause. (b) The Citv Council may remove at anv time without cause anv member of anv Citv board or committee by promuleating a resolution approved by a maiority vote of the Citv Council. (c) The Citv herebv adopts in its entiretv the provisions of Florida Statute 6112.501 and may also in 157 of 191 its sole discretion use it as an alternate method of removal. (d) Any complaints regarding members of City board or committees shall be referred to the City Attorney for review and any necessary investigations. The City Attorney shall have the authority to issue findings whether founded or unfounded and also whether to recommend removal by the City Council. SEC. 2-173. ATTENDANCE REQUIREMENT. IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 2-173. Attendance Requirement/Alternates. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical, business or personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board to City Council that a member has not complied with the attendance requirement, the council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal 8 ngkAllrM 0 subjeet te seetien 2 P2. Alternate members shall be required to attend all meetings to ensure a quorum is met and be prepared to vote if a regular member is absent. When a regular member of a board or committee is absent, an alternate may take the place of the absent regular member at the dais. Alternate members will have no right of participation on the board or committee unless taking the place of an absent regular member. If an alternate cannot make a meeting, they shall notify the staff liaison prior to the meeting. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed except when the conflict exists to comply with Florida law. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by 158 of 191 the City Council and signature of the Mayor. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted on this day of 2024. CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor ATTEST: Approved as to form and legality for Jeanette Williams, City Clerk reliance by the City of Sebastian only: Jennifer Cockcroft., Esq. City Attorney 3 159 of 191 Y' = %E1.3A%TAN CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Resolution R-24-22, Parking In Lieu Purchase Program for 1109 Indian River Drive, Tiki Bar & Grill Recommendation Approve Resolution, and authorize the City Manager to execute the agreement attached and identified as Attachment A. Backiround: In 2016, a site plan modification for the Tiki Bar & Grill was approved by the Planning and Zoning Commission. The required amount of parking spaces (I l 1) for all the uses, including the marina slips, was provided on site, which included a combination of regular spaces, handicapped, compact and motorcycle spaces, along with allowable credits for preserving the existing Oak trees. Presently, CJD Holdings of Indian River, Inc., owners of the property, would like to rent a portion of their transient dock slips to Compass Boat Club. This would require four (4) additional parking spaces, which they are requesting to purchase through the Parking -in -Lieu Program. In 2010 City Council established the Parking In Lieu Program to allow owners and developers in the Community Redevelopment Area (CRA) to purchase required parking by paying a fee into the Riverfront Parking Trust Fund to be used only to develop and maintain public parking within the CRA east of the FEC railroad. Only properties zoned Commercial Riverfront (CR) or Commercial Waterfront Residential (CWR) may participate, and 50% of the required amount of parking may be purchased, up to a maximum of 30 spaces. Public parking utilized in this program is not assigned to a business or reserved in any manner, and confers no rights upon the business to place any advertisement, notices or signage upon the parking spaces. The fee has been established at $3,200 per parking space. The total charge for 4 spaces will be $12,800, and the Owner has offered to pay cash for all four spaces. If approved, the agreement will be executed and brought to the Clerk of Court for recordation. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: $0 Funds to Be Utilized for Appropriation: N/A Attachments: 1. Resolution R-24-22 2. Agreement (Attachment A) Administrative Services Department Review: City Attorney Reviel . oktk_ Procurement Division eview, if applicable: _ City Manager Authorization: Date: V 3 1u, 4 /Vo 160 of 191 RESOLUTION NO. R- 24-22 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT, AND COVENANT RUNNING WITH THE LAND, FOR CJD HOLDINGS OF INDIAN RIVER, INC., OWNER OF PROPERTY LOCATED AT 1109 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS, AND SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that it is in the public interest to allow businesses within the Riverfront area the opportunity to utilize public parking to meet their parking needs; and WHEREAS, CJD Holdings of Indian River, Inc., to be able to lease a portion of its dock spaces at the Tiki Bar & Grill to Compass Boat Club, wishes to participate in the Parking -In -Lieu of Program and purchase four (4) parking spaces of public parking for property located at 1109 Indian River Drive; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. The City Council approves the Parking In Lieu Of Program Agreement, Lien Agreement and Covenant Running with the Land attached hereto as Attachment A, and authorizes the City Manager to execute and record the same. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. 161 of 191 Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of April, 2024. CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content: Jennifer Cockcroft, Esq. BCS 162 of 191 ATTACHMENT A PARKING -IN -LIEU PURCHASE PROGRAM AGREEMENT & COVENANT RUNNING WITH THE LAND (Hereinafter collectively referred to as "Agreement") THIS AGREEMENT is between the City of Sebastian, a Florida municipal corporation, as "City", and CJD Holdings of Indian River, Inc., as "Owner", of the property located at 1109 Indian River Drive, Sebastian, Florida, and described in Exhibit A. WHEREAS, the City Council of the City of Sebastian finds that providing public parking to assist private businesses meet their parking needs is an economic benefit to the entire community; and WHEREAS, the requirements for parking are outlined in Sec. 54-3-15 of the City's Land Development Code and include an In Lieu of Parking Program allowing businesses to purchase parking to meet their parking requirements; and WHEREAS, the existing approved site plan for the Tiki Bar & Grill, including the Marina, requires l l 1 parking spaces and provides 111 spaces on site; and WHEREAS, the Owner wishes to lease a portion of its transient dock spaces to Compass Boat Club, which requires additional parking spaces; and WHEREAS, the Owner has decided to participate in the Parking -In -Lieu Purchase Program and purchase four (4) additional spaces from the City. NOW THEREFORE, in consideration of the mutual promises and obligations stated herein, the City and Owners do hereby incorporate all terms and conditions in this Agreement and mutually agree as follows: 1. PURPOSE. The purpose of this agreement is to provide the Owners with the non-exclusive use of four (4) additional public parking spaces for the benefit of the development of their property located at 1109 Indian River Drive. 2. FEE. The fee for 4 parking spaces at $3,200 per space, as established by Resolution R-10- 35, totals twelve thousand eight hundred dollars ($12,800.00). 3. PAYMENT. The City is in receipt of $12,800.00 cash received from the Owner as payment of the fee. 4. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a covenant running with the land and shall be binding upon the heirs, successors and assigns of the parties. 163 of 191 5. NON-EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non- exclusive use by the Owner, and the City shall retain fee ownership of the public parking spaces. 6. LIMITS OF USE. This Agreement confers no rights upon the Owner to place any advertisement, notices or signage. The City expressly retains all such rights. The Owner shall make no use of the parking spaces except as specifically authorized in this Agreement. 7. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and conditions shall be binding upon the parties and their respective successors and assigns. There shall be no assignment of this Agreement or any of the rights or obligations herein, without the advance written consent of the City. 8. NOTICES. All notices required by this agreement shall be in writing and delivered either by registered or certified mail to the other party at the address given below: "City": Brian Benton, City Manager "Owner": Dawn M. Biehl City of Sebastian CJD Holdings of Indian River, Inc. 1225 Main Street 1570 Bevan Drive Sebastian, FL 32958 Sebastian, Florida 32958 Any party may change address or designee by giving written notice of such change to the other parties. 9. REMEDIES. This Agreement provides the Owner with the necessary parking spaces required by the Code of the City of Sebastian only during such time as the Owner is current with respect to their financial obligations described herein. If any party shall fail to perform any term or condition hereof, and continue such nonperformance for a period of ninety days after receiving a notice of default, it shall be subject to such administrative, contractual, and legal remedies as provided by this Agreement, the Code of Ordinances of the City of Sebastian, and the laws of the State of Florida. Jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River County, Florida. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11. RECORDING. The City shall be responsible for recording this Agreement in the Official Records of Indian River County and the Owner shall pay all recording fees. A copy of the recorded Agreement shall be provided to the Owner by the City within fifteen (15) business days after recording. 12. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last party to sign. 2 164 of 191 CITY OF SEBASTIAN, FLORIDA: By: Brian Benton, City Manager ATTEST: Jeanette Williams, MMC City Clerk OWNER: q (� Dawn M. Biehl, Agent CJD Holdings of Indian River, Inc. STATE OF FLORIDA COUNTY OF INDIAN RIVER Date: Approved as to form: Jennifer Cockcroft, Esq., BCS City Attorney Date: � I I a14 The foregoing instrument was acknowledged before me this J-- day of j4pr i I , 2024, by Dawn M. Biehl, who is personally known to me or produced . (identification) SEAL JANICE L. LEGER • + * Commission # HH 31MIA a;� o j° Expires June i, 2027 NOTARY PUBLIC j Print Name: on t 4, Q. L K/ Commission No. Expiration: 3 165 of 191 EXHIBIT A Indian River County Tax Parcel: 31-39-06-00007-00009.0 Legal Description: From the intersection of the centerline of Washington Street and the East right-of-way of Old Dixie Highway, said road right-of-way being 66.00 feet in width, said point of intersection being the True Point of Beginning; thence run South 25' 08' 59" East, a distance of 172.94 feet along said East right-of-way line to a point, said point being 20 feet South measured perpendicular from the North right-of-way of abandoned 30 foot street, thence North 78"12'41" East, a distance of 95 feet more or less to the approximate mean high water line of the Indian River; thence meandering the Indian River in a Northwest direction to the Intersection with a line that bears North 739 5'31 " East from the original Point of Beginning; thence South 7395'31 " West, a distance of 132 feet more or less to a point, said point lying 51.57 feet North 73° 15'31 " East of the True Point of beginning; thence North 77° 18'30" East, a distance of 52.25 feet to an intersection with the East right-of-way with the Old Dixie highway; thence South 25°08'59" East, a distance of 3.73 feet to the Point of Beginning, all situate, lying and being in Section 6, Township 31 South, Range 39 East, Indian River County, Florida. AND Lots 1 and 2 of a Replat of Braddock's Subdivision Lots 10-18, as recorded in Plat Book 2, Page 81, Public Records of Indian River County, Florida; also that parcel lying between the Easterly right-of-way of Old Dixie and the Westerly mean high water line of the Indian River with the North line being an Easterly projection of the North lines of the above mentioned Lots l and 2, and the South line being an Easterly projection of the South lines of said Lots 1 and 2; AND ALSO An unnumbered lot as such lot is designated on Replat of Lots 10 to 18, inclusive, of Braddock's Subdivision of part of Government Lot 5, Section 6, Township 31 South, Range 39 East, City of Sebastian, which said replat was filed April 23, 1947, and recorded in Plat Book 2, Page 81, in the office of the Clerk of the Circuit Court of Indian River County, Florida, the Western boundary line of said lot is the Eastern boundary line of U.S. Highway No. 1, the Eastern boundary line of said lot is the shore line of the Indian River, the Northern boundary line of said lot is the North line of Lots 1 and 2, as designated on said Replat, extended Easterly across said highway and to shore line of Indian River, and the Southern boundary line of said lot is the South boundary line of Lots 1 and 2, as designated on said Replat, extended Easterly across said Highway and to the shore line of the Indian River. LESS AND EXCEPT land conveyed to State of Florida recorded in Official Record Book 6, Page 53, of the Public Records of Indian River County, Florida n W 166 of 191 inn SEBASTIAN CINTINNI&I (HINN�IION M•M4 CITY COUNCIL AGENDA TRANSNUTTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Approve purchase order for A. Thomas Construction, Inc. to continue 2022- 2023 drainage improvements related to roadway repaving under TTB 22-01 Recommendation: Staff recommends City Council approval of a purchase order for $127,968 to fund concrete related drainage improvements for the 2022 and 2023 streets under ITB 22-01 and authorization for the City Manager to execute samc Background: On February 9, 2022, the City Council approved the award of Invitation to Bid 22-01 for Concrete Services within the City of Sebastian with A. Thomas Construction, Inc. Since that time, A. Thomas Construction, Inc. has completed concrete work, including replacement of driveways and headwalls, for drainage improvements related to road repaving and improvements. Through drainage analysis as this project progresses, the City's Storm Water Department has found an additional 73 driveway culverts either beyond their lifespan, damaged, or installed at an incorrect elevation. Staff is requesting City Council approval of a purchase order to include all 2022 and a significant portion of 2023 driveway replacements in accordance with contract pricing per TTB 22-01 and for authorization to the City Manager to execute the purchase order. If Agenda Item Reuuires Expenditure of Funds: Budgeted Amount: $127,968 Total Cost: $127,968 Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. A. Thomas Concrete Contract for TTB 22-01 2. TTB 22-01 Bid Renewal Document Administrative Services Department Review: v' City Attorney Review aWq- Procurement Division eview, :f applicable: City Manager Authorization: _ Date: V3 Igo 167 of 191 DocuSign Envelope ID: 5498122F-D6C6-4152-9860-783CE910EB5C CONCRETE SERVICES ON AN AS -NEEDED BASIS WITHIN THE CITY OF SEBASTIAN AGREEMENT This Agreement is entered into by the parties this 3 rA day of 1. PARTIES: CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (Cite). and A. i- 2 THOMAS CONSTRUCTION, INCORPORATED (Contractor). DESIGNATED CONTACT PERSON AS TO CITY: Phillip Patnode (PROSECT MANAGER) Stormwater Superintendent 1225 Main Street Sebastian, Florida 32958 Phone: 772-383-8243 Cell: 772-633-0916 Erntril: ppatoode/,a�,cityofsebastiamorg 2022. 3. DESIGNATED CONTACT PERSON AS TO CONTRACTOR: Andrew Thomas, President/Owner A. Thomas Construction, Incorporated P.O. Box 3285 Fort Pierce, Florida 34948 Office/Cell: 772-216-589 8 Email: atconst06@yiboo.com 4. NOTICES. All notices between City and Contractor, as required under the Agreement, shall be in writing and in the form of facsimile, a -mail, mail, or by personal delivery to the respective designated contact person identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 5. TERMS Olt AGREEMENT AND COMMENCEMENT OF SERVICES. The duration of the Agreement shall be for a period of two (2) years from the date that the Parties have executed the Agreement, with the option to renew for two (2) additional, one-(1) year terms. The renewal option will be conditioned upon satisfactory performance. by Contactor and will be subiect to availability of funds. The renewal option can only be exercised through mutual agreement between City and Contractor. The date that Contractor shall commence the provision of Services shall be the date on which a Purchase Order and a Notice to Proceed is received by Contractor. 6. ENTIRE AGREEMENT. This Agreement, and its associated Invitation to laid (ITB) Documents referenced herein, together with any executed Addenda, if any, shall constitute the entire Agreement between Contractor and City (hereinafter referred to as the "Agreement"). In resolving conflicts, errors, discrepancies, and disputes concerning the scope of Services or other rights or obligations of the parties, precedence shall be given in tile following order (1) provisions of this agreement, (2) provisions of the Invitation to Bid, (3) provisions of the Purchase Order, (4) provisions of the Contractor's Bid, (5) provisions contained in any governmental regulation incorporated herein by reference, and (6) a fully executed Amendment to this Agreement. There are no understandings or agreements except as herein expressly stated. I 7. AGRL•'FN". T DOCUMENTS. 1. Exhibit "A"- Technical Specifications 2. Exhibit "B" -- Bid Price Form submitted by Contractor a1- CITY OF SEBASTIAN. FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials ITB 22-01 Concrete Services within the City of Sebastian 168 of 191 DocuSign Envelope ID: 5498122F-06C6.4152-9860-783CE910E85C 8. MODIFICATION OF AGREENIENT. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terns, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of services, product, or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 9. SERVICES PROVIDED BY CONTRACTOR. The Services to be provided by Contractor are in Exhibit "A" attached to this agreement and as stated in the bid documents and addenda, if any. if City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. 10. CITY'S PROJECT MANAGER. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the pan of the Contractor shall be referred to the City Manager who will resolve such questions. At all times, all work shall be subject to inspection and review by cite Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. 11. MATERIALS. SERVICES, AND FACILITCES. It is understood that, except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver die Services within die specified time. 12. COMPENSATION TO CONTRACTOR. Compensation to be paid to Contractor for the provision of the Services agreed to herein shall be per (be unit pricing noted in Exhibit "B", attached to this Agreement. Contractor or the City may request an adjustment of the tees for any of the renewal lerm(s). The request to adjust the fees must be nude in writing supported by a detailed justification that warrants the requested adjustment, The request to adjust fees shall be communicated, in writing, to the other party sixty (60) days prior to contract expiration. Such adjustment may be based on the annual consumer price index (CPI) or three percent (3%), whichever is less. All increases or decreases are subject to negotiations. 13. PAYMENT OF PAYMENT REQUESTS. Contractor shall aeree to schedule a drive throui:h and/or walk throueh inspection foLq h section of ft completded concrete Svoz}: with the CiI._ of Sebastian's Proiect Manager, or their desii tee to vent, work has been completed and in comrlcte comt,liancc of the contract doomoiu) 9r to invoice ei v submined� the City _ REMAINDER OF 'fRIS PAGE WrIENTIONALLY I.EFT BLANK CITY OF SEBASTIAN, FLORIDA / A. TIi10 lAS •" CONSTRUCTION, INC. In:tfa ls___..u► fTB 22-01 Concrete Services within the City of Sebastian 20113 169 of 191 DocuSlgn Envelope ID: 5498122F-D6C6.4152-9660-783CE910EB5C 13.1 Patment ReauesWInvoices. Requests for payment for the provision of the Services provided under the Agreement shall be submitted no more frequently lhan once per month. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance Ntith the terms of the Agreement and to allow for the proper pre -audit, and post -audit thereof. Upon receipt of Contractor's payment request/invoice, the City will review such to ensure completion with required basic information and that the Services covered under the payment request have been completed in accordance with this Agreement. If it is found that the payment requestlinvoicc is not complete, or the Services covered under the payment request do not satisfy this Agreement, the payment request may he rejected. 13.2 Prompt Pa►meut. City shall make payment of a payment request in accordance with Chapter 218, Part VQ of the Florida Statutes "Local Government Prompt Pa}rnent Acr" from the date which a properly received payment request/invoice is recorded as received by City, for Services completed to the satisfaction of City. 13.3 Form of Rettuest. If the payment request is not received in proper order, City may reject the payment request within ten (10) business da%s after the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of the rejection specifying the deficiency and corrective measures necessary to wake the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, part VIl of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business dn%s after the date on which the corrected and proper payment request is recorded as received by City. 13.4 Resolution of Pa-tment Reuuest Disuutes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City in P tirr?el% manner, as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within fornv-five 145) business da%s after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarifv the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sizti 1601 business da%s after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de nova any action arising out of* the dispute. 13.5 Pnsments to Subcontractors. When Conuactor receives front City any payment for Services covered under the Agreement, Contractor mwq_2n� such moneys received to each subcontractor or supplier, and employees in proportion to the percentage of the Services completed by each subcontractor, supplier, or employees within ten 1101 business da%s after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse onl% the fundt received otLa_hro-tarn basis to its subcontractors, suppliers, and employees, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors or suppliers within seven (7) business days after the subcontractor's receipt of payment from Contractor. REMAiNDER OF TMS PAGE INTFNTIONALLY LEFT BLANK C OF SEBASTIAN FLORIOA I A Tl-IOMAS CONSTRUCTION, INC. Initials - ttlals ITB 22-01 Concrete Services within the City of Sebastian 3 of 13 170 of 191 DocuSlgn Envelope ID: 5498122E-06C6-4152-9860-783CE910E85C 14. WARRANTIES. 14.1 Warranty of Abl ir% to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its obligations under the Agreement. 14.2 Warranties aeaInst Defects in Workmanship. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of one -(I) year from acceptance of die Services by City. Should any defects in materials, products, services or workmanship appear during the warranty period, Contractor shall replace die materials or Equipment, or repair or re -do the materials, products, or services, immediately upon receipt of written notice from City, at no additional expense to City. Contraetor shall warrant such replaced materials, products, or equipment, or repaired or re -done Services, for the term and extensions of this agreement, after acceptance of such by City's Project Manager. 14.3 Warrantv of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due care in performing its Services and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole expense) promptly re -execute the nonconforming Services. All sack re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby ascibm to City the benefits of any of Contractor's sub consultant's or subcontractor's warranties. Such assignment shall not relieve Contractor of its warranty obligations for performance or standard of care to City under this Agreement. 14.4 Warraniv of Title. Title to any work product furnished by Contractor tinder the Agreement shall pass to City to the extent of the payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordance with the Agreement, Contractor warrants that the work product furnished will be(�gr of all securir\ interests. l;ems 6QdS'! uii?�qrg or cjgjgis f rr�-�• 15. PUBLIC RECORDS. Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Contractor will provide the City with a copy of the requested rtvords or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by luw. Contractor will ensure the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Contractor does not transfer the records to the City. Upon completion of the Agreement, Contractor will transfer, at no cost to the City, all public records - in possession of the Contractor or keep and maintaui public records required by City to perform the service. If Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or conftdentiul and exempt from public records disclosure requirements. if Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All r000rds stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and nuiy cancel the Agreement. This provision shall survive termination of this agreement. CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION. INC. Initials_ ITB 22-01 Concrete Services within the City of Sebastian 4 of 13 DowSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CIIAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: iN_Ill i,iut" ti!+uf>ebaS_i::n.(;i -;PRONE: 772-388- 8215. - - - - - 16. ;NSURANCE. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure that the City has current Certificate(s) of insurance at all times during the duration of the ugmeement, including renewal terms. 16.1 Minimum Insurance Reouircments. Contractor shall obtain and maintain for dic duration of tlic contract insurance against claims for injuries to persons or damages to property which muy arise from or in connection with the performance of the work hereunder bythecontrac:t or, his agents. representatives, employees or subcontractors The coverage's. limits or cridwsements required herein protect the primary interests of City, and these coverage's, limits or endon-zinem; shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Contractor against any loss exposures, whether as a result of die Project or odrenvise. The requirements cantaincd herein, as well as City's rmiew or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under u contract j Comprehensive General I an amount not less than: Liability $2,000,000.00 Combined Single Limit per each occurrence Contractor shall submil and maintain worker's compensation insurance to the extent required by law for all their employees to be Worker's Compensation 1 engaged in work under this contract In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, Contractor shall provide adequate coverage for the protection of such employees. Automobile Liability an amount not less than; S 1,000,000.00 Combined Single Limit per each occurrence 16.2 Other Insurance Provisions. 16.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City y_4h a fhin_y__+30J ¢ut_nnticeof cancellation and/or changes in policy language, and ten1101 day nonce jfcanceJlatiorl.is fojnonpa%mentofpremium . The certificate shall indicate if coverage is provided under a "claims made" or "occurrence" form. 16.2-2 All required insurance policies must be written with an insurance carrier having a minimum A.M. Best rating of A-. CITY_:_ _ �__-.••-•. FLORIDA/ A. THOMAS CONSTRUCTION, INC. � �., ..*..:._. OF SEBASTIAN, L J Initials tTB 22-01 Concrete Services within the City of Sebastian 5 of 13 172 of 191 ^- DocuSign Envelope ID: 5498122F-D6C6-4152.9860.783CE910EB5C 16.23 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurart;.e penalty, self -insured retention, or coverage exclusion or limitation. 16.2.4 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be cxccss of Contractor's insurance and shall be non-contributory. 16.2.5 For all policies of insurance, Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages Hutt occur during the contract and for any events occurring during the contract period, whether the suit is brought daring the contract period or not. The City requites General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compa.nsnsation coverage. 16.2.6 It is the Contractor's responsibility to insure that nil subcontractors comply with these insurance requirements. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverage's for subcontractors shall be subject to all of the acquirements stated herein. 17. INDEMNIFICATION. The CONTRACTOR or its SUB -CONTRACTORS shall indemnify and hold harmless the CITY, and its officers and employees, from 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 CONTRACTOR or its SUB- CONTRACTORS and other persons employed or utilized by the CONTRACTOR or its SUB- CONTRACTORS in the performance of the contract; regardless of the negligence of the utdemnitee or its 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 indemnitce or it, officers, directors, agents or employees. Upon request of the CITY, the CONTRACTOR or its SUB -CONTRACTORS shall, at no cost or expense to the CITY, indemnify and hold die CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONI'RACI'OR OR ITS SUBCONTRACTORS shall pay any cost and reasonable attorneys.' fees thut may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovcmign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive termination of this agreement. 18. CHANGE ORDERS. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in the Contract Price, or in the time required for performance of the Services, an equitable adjustment shall be authorized byway of a Change Order. 19. TERMINATION OF ACA01MINI: Either party may terminate this Agreement by giving the other party thirty 1301 dart written notice. In the event of termination, City will be responsible for compensating Contractor only for those Services saus�c ot�h. completed or Martially completed up to the date of termination. Contractor shall not be entitled to compensation for loss of anticipated profit. 20. LICENSES AND CERTIFICATIONS. Contractor, or its sub-contractor(s), shall possess and maintain during the terns of this Agreement any and all licenses and certifications required to perform the Services covered under this A&eement, as stipulated by the State of Florida and the City of Sebastian. CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION. �..--�::�::_•:_•__:_x_,.,._ [NC. Initials��__ ITB 22-01 Concrete Services within the City of Sebastian 6 of 13 173 of 191 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C 21. ADDITIONAL TERMS AND CONDITIONS (alphabetically listed): 21.1 AssiLnment. Neither City nor Contractor shall sell, assignor transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 21.2 Bankruntev or Insolvencn. Contractor shall promptly notify City in writing of the tiling of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 21.3 Compliance with Laws. Contractor shall comply with all laws, rules, code.~, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United Stares Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be grounds for termination of the Agreement. 21A Conflict of Interest, Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of dcgmc with the performnnec of the Services covered under this Agreement. Furthermore. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or restilting from the award or malting of this Agreement. Contractor, and its subcontractors at any tier, certify that they hnve not entered into any contract, sub -contract, or anuagement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, or employee of Contractor or its subcontractors, during its tenure, or for tvo t2) wealle rs therear, has any interest, direct or indirect. 215 Correction of Services. Contractor shall promptly remove fmm the premises all Services rejected by City for failure to comply with the Contract Docwncnts, %%tether incorporated into the Project or not. Contractor shall promptly, in accordance with Contract Documents, replace and re-ezecutc all Services without additional expense to City. Contractor shall bear the expense of making good all Services of other contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If contractor does not take action to remove such rejected Services within two (2) calendar days after receipt of written notice from City's Project Manager, City may remove such Services on their own and store the materials at the expense of Contractor. 21.6 Cltv Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance Nvith Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or focal, state or federal agencies. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CITY 220- 1SEBAConcreteIAN, FLORIDA / A. THOMAS ebOasti�UC1fON, INC. ,__-- _ . _ ...,.........._ .. 7 0. Initials_----�� CityITB i 13 174 of 191 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910E85C 21.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals (1) are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by any Manicipal, City, State or Federal department or agency; (2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or comunission of cntbernlement, theft, forgery, bribery, falsification or destruction of records; rttalting false statements; or receiving stolen property, (3) arc not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; (4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (federal, State or local) terminated for cause ordefault; and (5) will advise City immediately if their status changes and will provide an explanation for the change in status. 21.8 Discriminator% Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a), Florida Statute, which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity, and may not transact business with public entity. 21.9 Disoute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached, CITY SHALL RENDER A DECISION, REDUCE IT TO \VRITINC AND SERVE A COPY ON CONTRACTOR. THE DECISION SHALL BE FINAL AND CONCLUSIVE. 21.10 Disposal of Wastes. Contractor shall handle nay waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.12 Clean Up in the ITB Documents. Contractor shall restore in an acceptable manner, or replace all property, both public mid private, which has been dispinced or damaged by the Contractor during the execution of all work. Contractor shall leave the Worksites unobstructed and in a neat and presentable condition. The term "property" shall include, but is not limited to, roads, sidewalks, curbs, wails, fences, landscaping, awnings, utilities, footings and drainage structures. 21.11 Documentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and clouts derived there from, will be considered works made for hire and wi11 become the property of City upon expiration or termination of the Agreement without resiriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents shall not be sold or distributed to third parties without the written consent of City. 21.12 Drut: Free Workplace. Contractor certifies that it has in place a Drug -Free Workplace Program ut accordance with the Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form J submitted with Bid. . CITY OF SEBASTIAN, ...... .FLORIDA / _ . A. THOMAS CONSTRUCTION, INC. = Initials_ ITB 22-01 Concrete Services within the City of Sebastian 8 of 13 175 of 191 DocuSign Envelope ID: 5498122F•06C6-4152-9880-783CE910E85C 21.13 Emulov ees. Snbeontraetors and Agents. All Contractor employees, subcontractor•, and agents performing any of the Scrvices under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and Contmctor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's; cmploycc(s), subcontractor(s) and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agrtxment. City may reject and bar from any facility for cause ally of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. ALL NVORKERS MUS"1'.k),QYE_SUFFICLENT GE, SKILL AND EXPERIENCE TO PROPERLY,PSRFORM:)�H.yt!ORICIASSIGNED TO 'THEM, Ai:L-\VORKERS MUST HAVE PROPER FDOT SAFETY VESTS OR SAFETY SIJIRTS DUR,iNG ANY CONCRETE.:. STAGING OF j4 TOR CLEAN -UP -OPERATION_ _ 21.14 Equal Emolovnient Onaortunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of. 7tle VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title I'll of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), 77de 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 US.C'. § 6101, et seq.), 71•tle 49 CFR 21 and 7171e 49 CFR 23, Nondiscrimination on the baviv of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, cf. seq.). Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq.), and any other Federal and State discrimination statutes. Conuactor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors us the State of Florida Departnient of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub -contracts entered into by Contractor. Sub- contracts entered into by Contractor shall also include all other applicable labor provisions. No sub- contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall insert in its sub -contracts a clause requiring subcontractors to include these provisions in any lower tier sub -contracts that may in turn be made. Contractor shall comply with all stale laws and local ordinances. 21.15 E-Verification S%stem. Contractor shall comply with Executive order No. 12989 as amended and Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E-Verify system, . �, _ :1 _ - _ _ t _::_. to verify the employment eligibility of; (1) all persons employed by Contractor during the contract term to perforni any duties within Florida; and (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract. Contractors meeting the terns and conditions of the ]- Verify System are deemed to be in compliance with this provision. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CiTY OF SEBASTIAfV, FLORIDA I A. THOMAS CONSTRUCTION, INC. InlUels a f' ITB 22-01 Concrete Services within the City of Sebastian 9 of 13 176 of 191 DocuSipn Envelope ID! 5498122F-DBC6.4152-986n-783CE910EB5C 21.16 Force 1Hnleure Event. Neither parry shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). if a party is prevented or delayed in the performance of any such obligations by a Forte Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to, acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), pandemic, war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods 21.17 Governint: Law and Venue. The Agreement shall be govcmcd in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida. 21.18 Governmental Restrictions. if Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. CITY RESERVES THE RIGHT AND THE COMPLETF DISCRETION TO ACCEPT ANY SUCH ALTERATION OR TO CANCEL THE AGREEMENT AT NO FURTHER EXPENSE TO ary. 21.19 Imrnhiration and Nationally Act. Contractor shall comply with all immigration laws as outlined in 8 USC § 1324a - Unlawful Employment of Aliens. City will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout die lerin of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. 21.20 lasueetlon, Performance. Sut/ervisLM. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deerr" appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such in,pectioriq performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of die provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times daring the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after awdrd of the Agreement, but should City elect to do so, Contractor is not relieved from fulfilling all Agreement requirements. Cgnug4tot shall sal ryisg-sn¢sijrgc� tite�>e QFr ►ticeQf its $erv_iccs an¢.Sha1Lt § ] respntt�lb)v for. ihe.gteun�,�tel�Qt(5..1 11t 1>lert£ ..Plld-fit e� of construction and�rerations. Contractor will emplo�_And.tpagWn at the Proie.Sct_Sj1,Q.Actualifi0 spi,cryiaor or sutxrintertdent_wtro �Imall have begs dtgi �utird_� writirt ..j?� CQrltra tor_as- the Contractor s re. fesentative et ttx_ Project - Sitc. The supervisor or superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. Tfhe,5ujx- visor or suterintendent sllall be t rest nt nn the Projccf Site at- all time3 as re, jrpd -to rerform udeyuate syy�ry siurl and coordltrflli�?n of the CangnclQes SGryicev.. CITY MASCONSTRUOFSEBASTIAN.FLORIDA /A.THO —•_:=-_�:�_=. Initials.--... CONSTRUCTION. INC. iTB 22-01 Concrete Services within the City of Sebastian 10 of 13 177 of 191 DocuSign Envelope ID: 5498122F-D6C6-4152-9860.783CE910EB5C 21.21 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save City hanydess from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall aot release Contractor or his sureties from any obligations under the Agreement. 21.22 Liouldated Damages. The Cite shall be. entitled to li(midated damages in (_lie amount ofTwo Hundred Fifty Dollars (S250.00r oer do% for even day that the Contractor is late in comOctinr. the wok mittirements-for each Work_Sirc cr submitted for each section. Said -do mages shall be deducted by the Ciiv from mQni�v ductQ CiLn�yL2r: 21.23 Lobbving. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause Two (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. 21.24 N o n -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Contractor intends to do the wont %vith its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable far any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on nny public agreement. 21.25 Non -Performance Clause- The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-perfortuance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: 1. by verbal communication. Performance/deficiency must be resolved by the end of the 'IT3IRD day after verbal communicatiom if not; 2. Written Notice will be served to the Contractor. Performance/deficiency must be corrected by the end of the $. COND day after the Contractor h.•as received the written notice, to the satisfaction of the City, if not; 3. The City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. This does nol relieve the Contractor of Liquidated Damages. REPEATED PF.RFORMANCE/DEFICIENCIES MAY RESULT IN THE TERMINATION OF THIS AGREEMENT. 21.26 Project Site Conditions. Contractor shall he deemed to have examined Project Sitc(s), if applicable, aad to have secured full knowledge of all conditions tinder which the Services are to he executed and completed. REMAINDER OF THIS PAGE. INTENTIONALLY LEFT BLANK, CITY 22 .F SEBAS N, FLORIDA IDi within A. THOAS CONSTRUCTION INC. Initials • - `p -01 ConcreteCity 11 of 13 178 of 191 DocuSign Envelope ID: 5498122F•D6C64152.9880-783CE910EBSC 21.27 Protection of Personll. Contractor shall be responsible for the safety of its employees and the employees of its subcontractors, daring the provision of the Services. Contractor shall be responsible for initiating, maintaining and supervising all safety programs in connection with the provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -contractor employee or any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 21.28 Public Entio. Crime. persons or affiliates who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, Imo` not submit a bid. 11ropo_sal or re pl n a ca tract with a public entity for the construction or repair of a public building or public work; may not submit bids proposals. or_rrpl an leases of real property to a public entity; wf —u41 b@.II�Lde6s1.ppfpm W — .. as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and mgI_not transact bus' ne with arty nJk Sn!i!y in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY "rw0 for a period of 36 months following the date of being placed on the convicted vendor list. 21.29 Indenendent Contractor Relationship. Contractor Is an Independent contractor to City in the provision of the Services Under this Agreement and is not an employee, agent, joint - venture, or partner of City. 21.30 Risk of Lusu. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially, or fully completed, that are associated with the Services shall remain with Contractor. 2131 Schedule Reports and Records. The City reserves the tight to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained in accordance with Paragraph 15 above of this Agreement. 21.32 Securit% and Confidentialit%. Contractor shall comply fully with all security procedures of City in the performance of the Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be pertnitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Fcdcrul luw ua a public record. To insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the agreement. 21.33 Severnbiltt%. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 21.34 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement shall survive completion or termination of the Agreement for any reason. 21.35 'Taxes. C:outractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the law; and regulations of the State of Florida which am applicable to the proviMun of the Services under the Agreement. City shall not pay for any personal property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate. All purchases made by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase"), instead of through the Contractor, are exempt from sales, consumer, use and other similar taxes. CI OF Concrete N, FLORIDA / A. THOMAS CONSTRUCTION, CITY OF SEBASTIA �_ INC. Initials Services within the City of Sebastian 12 of 13 179 of 191 DocuSign Envelope ID: 5498122F.D6C6.4152.9860-783CE910EB5C 21.36 Waiver. The delay or failure by City to exercise or enforce any of its nghts under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor Shall any single or partial exercise of any such rigbt preclude the t m oV any other or furlhcr exercise thereof or the exercise of any other right. 22. Ai;THORITY. Each person signing the Agreement warrants that he or she is duly Authorized todoso and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be cxcculed, the day and year noted above. ATTEST (SEAL): Wf�YYIQ ITY ttc Williams, MMC CLERK Approved as to form and legality for Reliulce by the City of Sebasopn only: THE CITY OF SEBASTIAN, FLORIDA: 7 BY /aul E. Carlisle, CITY MANAGER Mcus,gn.a 4. THOMAS CONSTRUCTION, INC. 11 tn.dln,w I t�.c►a+aS 9p�3�uG7C1469 Ilff 77 Andrew T hornas, PRESIDEN VOWNER CITY OF SEBASTIAN, FLORIDA ! A. THOI IAS CONSTRUCTION, INC. ITB 22.01 Concrote Sorvices within the City of Seb3Gtl3n Initiats 13 of 13 180 of 191 DocuSign Envelope ID: 5498122F.D6C6-4152-9860.783CE910EB5C + r� EXHIBIT A Technical Specifications Annual Concrete Work Contract SECTION 6 1. Scope of Work The scope of this specification Is to form, pour and finish concrete driveways, sidewalks, or other miscelianeous concrete projects on an as needed basis. The scope of each individual project may vary depending upon the work to be completed. Each project will have a work order prepared by the City which will outline the work activity to be accomplished. In performance of this contract the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. 2. Related Documents Sebastian Code Chapter 90 Article i1I. Driveway Construction and Repair and the FDOT Standard Specifications 2019 — 2020, or the latest edition. 3. Special Terms and Conditions a. Contractor shall protect his work from the elements, traffic and pedestrians. b. Contractor shall warranty all labor and materials for a period of one (1) year. C. Each project vAll be planned in a manner minimizing disturbance and inconvenience to property owners and the City. d. Inspections. The City may Inspect at any time during the project construction. The Contractor shall notify the City 48 hours prior to the concrete pour and at completion of the project. e. Final Payment. Final payment shall be made in accordance with the signed agreement once all punch list Items have been cleared. 4. Detailed Specifications a. Description: The Contractor shall form, pour and finish the concrete driveway and or sidewalk or other miscellaneous concrete projects (minimum 4' thick or as requested by the Department) In accordance with the provisions of this specification and according to details shown on plans when supplied with the work order. b. Materials: The concrete placed shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2019 - 2020, or the latest edition, Sections 345: for Class I concrete 3WO psi (minimum 28 day breaking strength in accordance with ASHTO T4114 with polypropylene fiber mesh (1- 1/2bs/CY) thoroughly and uniformly mixed throughout. C. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or the city and compacted (9&Y4 of the maximum density as determined by AASHTO T-99, prior to having any form work placed on it. The Contractor shall erect metal or wooden forms on top of a prepared subgrade. AiI forms shall be set true to line and grade, and held rigidly in position to resist the pressure of poured concrete without springing. They shall be straight and free from warps and bends, 22 ----- -- -- � --- --- ---- — 181 of 191 DocuSign Envelope ID: 5498122F•D6C6.4152.9960.i83CE910EB5C d. Expansion joints: Asphaltic felt expansion joints, (MOT current procedures are required with type 11 barricades and signage on all driveway and sidewalk closures). A* wide by 3- 1/2' deep are to be placed at specified Intervals. They shall be rigidly held In place during the placement of concrete. e. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a carbide or diamond tip blade. Each joint shall be approximately W-Me' wide by 1" to 1 A' deep. Joints shall be saw cut within 24 hours following placement of the concrete. Contraction joints shall be saw cut at specified intervals or 15' depending upon application. All concrete shall be Installed in accordance with FDOT 2019 — 2020, or the latest edition. g. Driveways will be a minimum of 4' thick with a 6" thick footer, 1 foot wide at the edge of road pavement. Driveways will vary In width and length. END OF SECTION 23 182 of 191 DocuSign Envelope ID: 5498122F-D6C6A152-9860.783CE910EBSC I3E-BIR PSOiaA&IAL RR0 FORM EXiiP.B.LT B 9SIfft? After having examined all specifications, Contract/Agreement Documents, and other documents rele to the Invitation to Bid,1, the undersigned, hereby propose to perform everything required to be perforn in strict conformity with the requirements of these documents, and to provide and furnish all equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding spectticabons as sat forth herein for the unit prices as stated below. The price quoted below Includes r addenda Mich may be Issued. if there is any Item you wish not to bid on please write 'NO BID' the Price per Square Yard column. Ouentity of work shell be based upcan each Individual purchase or from the CRY. J&i!)11iUAL C9-U.fiM WE MMM2 Concrete Quantity E,ucarnAle. Hots I'a Wd XI: Concrete saw and Removal W) 1- 60 Concrete saw and Removal (4") 81 -100 Concrete saw and Removal (41 1101 < Concrete Removal and replace WIFi)er(4')' 1- 60 Concrete Removal and reniace W/Fiber 4 ° Concrete Removal and replace W/F(bar(4'' WIC Concrete W/Fiber(4`)° Concrete W/Flber(410 4w Concrete W/Rberf47 I I LaborlOv thesd Cost per U (iWa4el Cost Excluded) e SY SY SY SY Z Y I SY I zY _ 7 o 1 Sy I �- I tt-Y 48 N SY U 4% I SY y I Concrete saw and Removal C;n W I Sy Concrete saw and Removal 9) i Sy � Concrete saw and Removal 01 SY � Concrete Removal and replace W/Fiber(81° Sy Concrete Removal and replace W!F(ber(6'll° IM40 by 70 Copamte Removal and replace W/Fiber(6-)° 9V [?� Concrete W/Flber(6i" �0 � Concrete W/Fiber(6')* 189-1 I try I Concrete VV/Flber(8" 1'' < I SY I 14 MISC Concrete" 1-5 i I CY MISC Concrete* %5-10 CY 1 Z OU )U(� MISC Concrete" tab cy MISC Concrete* 9 ) MISC Concrete' 204 CY 7 0 Driveway Culvert Replacement (S- ADS") _ 1 ____y LF _ __ _ Drivewav Culvert Reolecemerrt (1irADS1 1 LF /Y Driveway Culvert Replacement (WADS) t LF ! cf Driveway Culvert Replacement Hir ADS' 11-- ' ~ LF _--- 2 Driveway Culvert Replacem e t fWADS"l __-11 LF .J 2 f REMINDER: ONLY 6 AMOUNTS SHOULD BE PROVIDED 24 183 of 191 DocuSign Envelope ID: 714565B3-BD19-4DBF-AOB1-1570F01C83EO CIIYCF SPMV..kE�� HOME OF PEUCAN ISLAND Administrative Services — Procurement Division 1225 Main Street — Sebastian, Florida 32958 February 7, 2024 Andrew Thomas President/Owner A. Thomas Construction, Incorporated P.O. Box 3285 Fort Pierce, Florida 34948 SUBJECT: BID RENEWAL REQUEST ITB #22-01 Concrete Services within the City of Sebastian Mr. Thomas, The City of Sebastian would like to renew ITB #22-01 Concrete Services within the City of Sebastian for one (1) additional year. The bid's terms and conditions allow for two (2) one (1) year renewal periods under the same terms and conditions. Acceptance of this offer guarantees that all terms, conditions and prices of the previous agreement shall remain in full force and shall be honored for the renewal term of the contract from March 4, 2024 — March 3, 2025. If you are agreeable to renewing the contract, please sign electronically below and return by February 14, 2024 so we may ensure the contract continues uninterrupted. Should you have any questions, please contact Jessica Graham, Procurement Manager, at (772) 388-8231, or iessL,raham(iD.citvofsebastian.org. We value your association with the City of Sebastian. Sincerely, L OxoNgnod by. Jess cicac&a`fiam, CPPB Procurement Manager City of Sebastian A. Thomas Construction, Incorporated pricing and contract terns and conditions submitted in reference to ITB #22-01 Concrete Services within the City of Sebastian. Fooauapnw by: Qtnj" ltz%aS JG& W'momas, President/Owner c Brian �enton/, eManager 2/7/2024 1 5:25:09 PM EST Date ,2 .� a a 0) Date 184 of 191 SEBAITIAN II 11II.10)4 CITY COUNCIL AGENDA TRANSMITTAL Council Meetin= Date: April 10, 2024 Agenda Item Title: Selection of Island Harbor Custom Builders, LLC for ITB 24-05 Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport. Recommendation: Staff recommends Council approve the selection of Island Harbor Custom Builders, LLC for ITB 24-05 Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport and authorization for the City Manager to execute the agreement. Background: The City of Sebastian released Invitation to Bid 24-05 on February 15, 2024. Through the competitive bid process we received bids from the following responsive and responsible contractors: (1) Island Harbor Custom Builders; (2) Stratum Contracting & Construction, LLC; (3) APD Construction, LLC; (4) McDaniel Group Enterprises, Inc.; and (5) SEMCO Construction, Inc. Capstone Equipment, LLC was marked non -responsive as they took exceptions to the terms and conditions listed in the ITB document. Rush Facilities, LLC was marked non -responsive because they withdrew their bid after a subcontractor withdrew from the project. We are recommending approval of Island Harbor Custom Builders, LLC for ITB 24-05 due to their price proposal and construction experience. Staff is seeking approval for the City Manager to execute the agreement. The total cost of the project is $1,605,895.00. This amount will provide for the construction of Three Pre - Engineered Metal Buildings for the Sebastian Municipal Airport along with funding for a Pre -Fabricated Restroom Building which will be competitively bid and awarded at a later date. The project will be funded by a grant from FDOT in the amount of $1,072,000.00 which represents 80% of the project. The remaining 20% ($268,000.00) will be funded by the City with Discretionary Sales Tax funds. If A,-, enda Item Requires Expenditure of Funds: Budgeted Amount: $1,605,895.00 Total Cost: $1,340,000.00 Funds to Be Utilized for this Appropriation FDOT Grant 80% = $1,072,000.00 City 20% = $268,000.00 Discretionary Sales Tax Attachments: 1. ITB 24-05 Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport Intent to Award 2. TTB 24-05 Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport Bid Tabulation Sheet Administrative Services Department Review: City Attorney Review Procurement Division eview, if applicable: _ City Mana per Authorization: Date: -/ 0)0 a Y 185 of 191 -�*SEBASTIAH Q(ENTENNIAI (EEEBRATION REVISED INTENT TO AWARD Date: March 27, 2024 Solicitation #: ITB 24-05 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 Solicitation Title: Construction of Pre -Engineered Metal Buildings at Sebastian Municipal Airport Notice is hereby given that the City of Sebastian intends to award an agreement upon approval of City Council on Wednesday, April 10, 2024 at 6:00 PM EST to the following bidder: ISLAND HARBOR CUSTOM BUILDERS, LLC All City Council meetings are open to the public. If you have any questions, please don't hesitate to contact me at the following: 772-388-8231 or iessaraham dC citvofsebastian.ora. Sincerely, CDocuftned by: �. .� , DICCCSBOC95D4F8. Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes." END OF DOCUMENT 186 of 191 ` S V^O% *SEBA TIAH •CENTENNIAL CELEBRATION REVISED 4-2-24 BID TABULATION Bid k: ITB 24.05 Bid Title: Construction of Pre -Engineered Metal Buildings at Sebastian Municipal Airport Bid Form Project Schedule (Insurance Certificate Professional License (General Contractor or Building Contractor) (5) years' experience with installation of pre-engineered metal buildings, specifically aircraft hangars or idesntical projects Contact Information Sheet —FORM A Addenda Ackn. . . FORM B Reference Ust — FORM C Sub -Contractor List — FORM D +Bidder's Qualification Questionnaire FORM E IDocument Notification Affidavit — FORM F DisadvantagedBusiness —FORMS G1toG4 Sam.Gov Company Profile Page Everify Profile Page I Item No.l Item Description I Quantity I Unit SW x VY PEB Construction of 50' x 60' Pre - Engineered Metal Building for Sebastian Municipal Airport. 1 1 EA All work shall be performed per the provided scope of work and i terms and conditions. 60' —.60' PEB Construction of 60' x 60' Pre - Engineered Metal Building for Sebastian Municipal Airport. i 2 2 EA All work shall be performed per the provided scope of work and terms and conditions. Island Harbor Custom Builders Sebastian, FL Yes Yes Yes Yes Yes Yes Addendum 1 - Yes Addendum 2 - Yes Yes Yes Yes Yes Yes N/A Yes Unit Price I Extended Price Stratum Contracting & Construction, LLC Atlantic Beach, FL Yes Yes Yes Yes No Addendum 1 - Yes Addendum 2 - Yes No - Provided Reference Letters Yes Yes Yes Yes Yes Yes Unit Price I Extended Price APD Construction, LLC Orlando, FL Yes Yes Yes Yes Yes Yes Addendum 1-Yes Addendum 2 - Yes Yes Yes Yes Yes Yes Yes Yes Unit Price Extended Price $ 430.000.00 15 430,000.00 1 5 401,000.00 $ 401,000.00 1 $ 590,655.45 1 $ 590,655.45 $ 455,000.00 15 910,000.00 1 5 488,000.00 5 976,000.00 1$ 618,642.60 15 1,237,285.20 Bid Total 5 1,340,000.00 NOTE: The City of Sebastian anticipates purchasing at least three (3) pre-engineered buildings. The City may purchase 50' x 60' PEBs, 60' x 60' PEBs, or a combination. Please submit pricing The City will purchase two (2) 60' x 60' PEBs, on both options. If budget allows, the City may purchase an additional PEB. and one (1) 50' x 60' PEB. J O �-h $ 1,377,000.00 1 15 1,827,940.65 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 SEBASTIAH ��.CENTENNIAL CELEBRATION REVISED 4-2-24 BID TABULATION Bid x: ITB 24-OS WIT e: Construction of Pre -Engineered Metal Buildings at Sebastian Municipal Airport Bid Form Project Schedule Insurance Certificate Professional License (General Contractor or Building Contractor) (5) years' experience with installation of pre-engineered metal buildings, specifically aircraft hangars or idesntical projects Contact Information Sheet — FORM A Addenda Ael. .. I— FORM B Reference List — FORM C Sub -Contractor List — FORM D Bidder's Qualification Questionnaire - FORM E Document Notification Affidavit — FORM F Disadvantaged Business — FORMS G1 to G4 Sam.Gov Company Profile Page Evenly Profile Page Item No.I Item Description I Quantity I Unit 50' x 60' PEB Construction of 50' x 60' Pre - Engineered Metal Building for Sebastian Municipal Airport. 1 1 EA All work shall be performed per i the provided scope of work and terms and conditions. 60' x 60' PEB Construction of 60' x 60' Pre Engineered Metal Building for Sebastian Municipal Airport. 2 2 EA All work shall be performed per ' the provided scope of work and terms and conditions. Bid Total NOTE: The City of Sebastian anticil at least three (3) pre engineered buildings. The City may purchase SO' x 60' PEBs, 60' x 60' PEBs, or a combination. Please submit pricing on both options. If budget allows, the City may purchase an additional PEB. a McDaniel Group Enterprises, Inc. Jupiter, FL Yes Yes Yes Yes Yes Yes Addendum 1-Yes Addendum 2 - Yes Yes Yes Yes Yes Yes Yes Yes Unit Price I Extended Price :)etvvw Wnsuucitun Inc Bartow, FL Yes Yes Yes Yes Yes Yes Addendum 1-Yes Addendum 2 - Yes Yes No Yes Yes Yes Yes Yes Unit Price I Extended Price NON- RESPONSIVE Rush Facilities, LLC Titusville, FL Yes Yes Yes Yes Yes Yes Addendum 1-Yes Addendum 2 - Yes Yes Yes Yes Yes Yes Yes Yes Unit Price I Extended Price $ 572,500.00 5 572.500.00 1 N/A 1 $ 1,307,137.00 1 5 285,701.23 5 285,701.23 $ 687,000.00 5 1,374,000.00 1 N/A 1 $ 1,551,491.00 I S 325,372.23 5 650,744.46 5 1,946,500.00 ( ) S 2,858,628.00 5 936,445.69 Rush Facilities, LLC has been marked NOW Capstone Equipment, LLC has been marked RESPONSIVE. Rush Facilities, LLC withdrew NON -RESPONSIVE. Capstone Equipment, their bid after a subcontractor withdrew LLC took exceptions to the terms and from the project. conditions listed in the ITB document. Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)398-8231 NON- RESPONSIVE Capestone Equipment LLC Prospect, KY Yes Yes Yes Yes No Yes Addendum 1-Yes Addendum 2 - Yes No Yes Yes Yes Yes Yes Yes Unit Price Extended Price $ 3S5,7SO.00 $ 355,750.00 $ 395,650.00 $ 771,300.00 $ 1,127,050.00 SEBAiTIAHII Hl! . MA CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 10, 2024 Agenda Item Title: Selection of Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. for ITB 24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport. Recommendation: Staff recommends Council approve the selection of Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc for ITB 24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport and authorization for the City Manager to execute the agreement. Rackaround: The City of Sebastian released Invitation to Bid 24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport on February 26, 2024. Through the competitive bid process we received bids from the following contractors: (1) Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc; and (2) Ranger Construction Industries, Inc. We are recommending selection of Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc for ITB 24-06 due to their price proposal as well as their previous experience with asphalt maintenance, overlay removal and rehabilitation. The total project price is $572,388,10, The funding will be split with FDOT Grant funding in the amount of 80%, or $457,910.48. The remaining 20% of $114,477.62 will be provided from Discretionary Sales Tax funds. Staff is seeking approval for the City Manager to execute the agreement. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: S 1,250,000.00 Total Cost: $572,388.10 Funds to Be Utilized for Appropriation: FDOT Grant 80% = $457,910.48 City 20% = $114,477.62 Discretionary Sales Tax Attachments: 1. ITB 24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport Intent to Award 2. ITB 24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport Bid Tabulation Sheet Administrative Services Department Review: City Attorney Review,-,--q 0—V—JJ— U Procurement DivisiAh eview, if applicable: _g 0 City Manager Authorization: Date: % V -1 H 189 of 191 =�'-�SEBASTIAN .CENTENNIAL CELEBRATION INTENT TO AWARD Date: March 26, 2024 ITB#: 24-06 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Solicitation Title: Rehabilitation of Asphalt Aprons At Sebastian Municipal Airport Notice is hereby given that the City of Sebastian intends to award an agreement upon approval of City Council on Wednesday, April 10, 2024 at 6:00 PM EST to the following Bidder: DICKERSON INFRASTRUCTURE, INC. DBA DICKERSON FLORIDA, INC. All City Council meetings are open to the public. If you have any questions, please don't hesitate to contact me at the following: 772-388-8231 or iessaraham dC citvofsebastian.or4. Sincerely, Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian "Failure to rile a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes." END OF DOCUMENT 190 of 191 YI<SEBASTIAN fnIMCENTENNIAL CELEBRATION BID TABULATION Bid H: ITB H24-06 Bid Title: Rehabilitation of Alpha Aprons at Sebastian Municipal Airport Bid Bond Completed Check List One (1) signed original hard copy bid Required Forms Item No. Spec. No. Item Description Quantity Unit 1 C-105 Mobilization 1 LS 2 2000 Pre -Construction Survey 1 LS 3 2000 As -built Survey 1 LS 4 S-141-1 Bituminous Surface Removal (1" TO 2") 6740 SY 5 S-141-2 Aircraft Tie -Down Removal 30 EA 6 S-141-3 Exist. Base Removal (1" To 4.2") 6740 SY 7 Fine Grading, Compact/ Roll Exist. Base 6910 SY P-401 / 3 Inch Asphalt Surface Course 8 1125 TON FDOT -334 The City will accept P-401 or FDOT 334 P-602/ Bituminous Prime Coat 9 1675 GAL FDOT 300 The City will accept P-602 or FDOT 300 10 P-620-1 Reflective Pavement Marking (Yellow) 1220 SF 11 P-620-2 Non -Reflective Pavement Marking (Black) 3250 SF 12 T-904 Sodding 405 SY 13 T-905 4" Topsoil Placement 50 CY Bid Total Notes " - Calculation error on bid submittal. Total displayed is correct. DICKERSON INFRASTRUCTURE, INC. DBA DICKERSON FLORIDA, INC. Fort Pierce, FL Yes Yes Yes Yes Unit Price Extended Price $ 90,306.00 $ 90,306.00 $ 6,000.00 $ 6,000.00 $ 3,000.00 $ 3,000.00 $ 3.72 $ 25,072.80 $ 160.00 $ 4,800.00 $ 4.27 $ 28,779.80 $ 3.65 $ 25,221.50 $ 318.00 $ 357,750.00 $ 9.00 $ 15,075.00 $ 2.40 $ 2,928.00 $ 2.10 $ 6,825.00 $ 6.00 $ 2,430.00 $ 84.00 $ 4,200.00 $ 572,388.10 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 RANGER CONSTRUCTION INDUSTRIUES, INC. Fort Pierce, FL Yes Yes Yes Yes Unit Price Extended Price $ 61,000.00 $ 61,000.00 $ 9,000.00 $ 9,000.00 $ 4,500.00 $ 4,500.00 $ 9.50 $ 64,030.00 $ 550.00 $ 16,500.00 $ 9.50 $ 64,030.00 $ 9.75 $ 67,372.50 $ 241.55 $ 271,743.7S $ 7.00 $ 11,725.00 $ 10.00 $ 12,200.00 $ 6.00 $ 19,500.00 $ 26.50 $ 10,732.50 $ 131.00 $ 6,550.00 $ 618,883.75