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Home My WebLink About07-10-2024 CC AgendaSEBASTIAN UNTINNIAI (VIBRATION 1914 • ION SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT HEARING AGENDA WEDNESDAY, JULY 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 C17Y'S WEBSITE 1. CALL TO ORDER 2. INVOCATION — Pastor David Daniel, Sebastian Church of God 3. PLEDGE OF ALLEGIANCE — Led by Council Member Jones 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff No public input or actions under this heading. A. Proclamation — Treasure Coast Waterway Cleanup Week — July 20 -28, 2024 — Accepted by Justin Beard, Executive Director of MIATC and Felicia Gordian, Environmental Technician and Members of the Natural Resources Board B. Proclamation — Parks and Recreation Month — July 2024 — Accepted by Parks and Recreation Director Richard Blankenship and Members of the Parks and Recreation Board BriefAnnouncements: Friday, July 19 — City Council Budget Workshop in Council Chambers — 9am Friday, July 19 — Sebastian Police Department School Supply Drive — 9am to 3pm — Drop off location at Walmart, 2001 U.S. Hwy I 1 of 223 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. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT pgs 8-10 A. Approval of Minutes — May 8, 2024 BOA Meeting pg 11 B Variance Request — Englert/Cotton —168 Harris Drive — Accessory Structure Size and Aesthetic (Transmittal) 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 12-21 A. Approval of Minutes — June 12, 2024 Regular Meeting pgs 22-24 B. Selection of Anser Advisory Consulting, LLC for CDBG Grant Administration Services (Transmittal, Intent to Award, Bid Tab) pgs 25-26 C. Resolution No. R-24-32 — Authorizing Staff to Submit a Grant Application to the Florida Department of Agriculture Urban Forestry Grant Program to Conduct a City-wide Tree Canopy Survey (Transmittal, R-24-32) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE FLORIDA DEPARTMENT OF AGRICULTURE URBAN FORESTRY GRANT PROGRAM REQUESTING UP TO $50,000.00 TO COMPLETE A CITY-WIDE TREE CANOPY SURVEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 27-30 D. Approve CSA #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization (Transmittal RFQ) pgs 31-36 E. Approve the Purchase Order for Commercial Door and Hardware, Inc. in the Amount of $37,064.14 for the Sebastian Municipal Golf Course Clubhouse Door Replacement and Authorize the City Manager or Designee to Execute the Purchase Order (Transmittal, Tab Sheet, RFQ) 2 of 223 pgs 37-50 F. Approve the Purchase of One Maintenance Building in the Amount of $15,375.51 from Garage Buildings for the Parks Department and Authorize the City Manager or Designee to Execute the Purchase Order (Transmittal, Quotes) pgs 51-53 G. Alcohol Beverage Approval — Reichert Family (Transmittal, Application, Receipt) pgs 54-56 H. Alcohol Beverage Approval — Robinson Family (Transmittal, Application, Receipt) pgs 57-59 I. Alcohol Beverage Approval — Hale Family (Transmittal, Application, Receipt) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pg 60 A. Parks and Recreation Advisory Committee Report to Council 12. PUBLIC HEARINGS pgs 61-75 A. Ordinance No. 0-24-13 — First Reading and Public Hearing — Request for Small Scale Comprehensive Plan Future Land Map Amendment — City of Sebastian — CG (Commercial General) to INST (Institutional) (Transmittal, 0-24-13, Staff Report, Application, Deed, Exhibits) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF INST (INSTITUTIONAL) FOR LAND WITH A CURRENT LAND USE DESIGNATION CG (COMMERICAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3 BLOCK 406, S/H UNIT 7; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. pgs 76-89 B. Ordinance No. 0-24-14 — First Reading and Quasi -Judicial Public Hearing — Request for Rezoning — City of Sebastian — CG (Commercial General) to PS (Public Service) (Transmittal, 0-24-14, Staff Report, Application, Exhibits, Deed) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF PS (PUBLIC SERVICE) TO LAND WITH A CURRENT ZONING DESIGNATION OF CG (COMMERCIAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OF LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVERNER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 3 of 223 pgs 90-105 C. Ordinance No. 0-24-15 — First Reading and Public Hearing — Request for Small Scale Comprehensive Plan Future Land Map Amendment — Schumann Road Indian River, LLC — INST (Institutional) to CG (Commercial General) (Transmittal, 0-24-15, Staff Report, Application, Deed, Exhibits) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG (COMMERCIAL GENERAL) FOR LAND WITH A CURRENT LAND USE DESIGNATION OF INST (INSTITUTIONAL) FOR PROPERTY CONSISTING OF 0.07 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. pgs 106-120 D. Ordinance No. 0-24-16 — First Reading and Quasi -Judicial Public Hearing — Request for Rezoning Schumann Road Indian River, LLC — PS (Public Service) to CG (Commercial General) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) TO LAND WITH A CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY CONSISTING OF 0.07 ACRES, MORE OR LESS, LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTY, PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS pgs 121-137 A. Approve the Migration and Renewal Costs in the Amount of $50,000 of the CAD/RMS Software for the Sebastian Police Department and Authorize the City Manager to Execute All Appropriate Documents (Transmittal, Agreements, Quote, Announcement) pgs 138-141 B. Resolution No. R-24-33 — Authorizing the Submittal of a Grant Application for Public Assistance for Septic to Sewer Conversion in the CRA, Funding for the 5% Match and Authorize the City Manager or Designee to Execute all Appropriate Documents (Transmittal, R-24-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE PROTECTING FLORIDA TOGETHER WATER QUALITY IMPROVEMENT GRANT REQUESTING $3,800,000.00 FOR PRIVATE SEWER CONNECTION GRANTS FOR RESIDENTS AND BUSINESSES WITHIN THE CRA, FURTHER AUTHORIZING THE AMOUNT OF $190,000.00 IN CITY MATCH; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 4 of 223 pgs 142-160 C. Approve the Purchase Orders for Palm Bay Concrete, Asphalt Paving Systems, and Shenandoah General Construction for Construction/Repairs of Collier Creek South Easy Street Roadway Between S. Wimbrow Drive and Chello Avenue in the Amount of $190,984.40 and Authorize the City Manager to Execute the Agreement (Transmittal, Proposals, Location, Proposal, Sketch, Estimate, Site Conditions, Estimates) pgs 161-206 D. Approve the Purchase Orders for Palm Bay Concrete & Materials and A. Thomas Construction Not to Exceed the Cumulative Amount of $252,000 for FY2024 Driveway Culvert Work in Preparation for Roadway Rehabilitation and Authorize the City Manager or Designee to Execute the Purchase Order (Transmittal, Contract, 2024 Replacement List, Contract, Renewal) pgs 207-209 E. Award ITB 24-09 to Johnson -Davis Incorporated for Riviera Avenue and Gardenia Street Drainage Improvements and Authorize the City Manager to Execute the Agreement (Transmittal, Intent to Award, Bid Tab) pgs 210-217 F. Outside Legal Services; Approval of Amendment of Agreement with Andrew Mai, Esq. (Transmittal, Contracts) pgs 218-223 G. Resolution No. R-24-30 — Proposed Resolution Amending the Parking -in -Lieu Fee Originally Established in September of 2010 by Resolution R-10-35 (Transmittal, R-24-30, Cost Estimate) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PARKING IN LIEU OF PROGRAM RATE OF $17,500 PER SPACE; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Vice Mayor Dixon B. Mayor Dodd C. Council Member Jones D. Council Member McPartlan E. Council Member Nunn 19. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING 5 of 223 WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S. 286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/81821857040 Or One tap mobile: +13052241968„81821857040# US +13017158592„81821857040# US (Wash DC) Webinar ID: 818 2185 7040 International numbers available: https://us02web.zoom.us/u/kcToxKtL7y PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH ORDINANCE NO.O-24-07 Regular Citv Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda 6 of 223 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 223 SEBASTIAN (ENTENNIAE (EEEBRATION 19)4 • 1014 BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached May 8, 2024 Board of Adjustment minutes were approved at the July 10, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 8 of 223 Regular City Council & BOA Minutes May 8, 2024 Page 3 7. PUBLIC INPUT - None 8. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:22 p.m. A. MOTION by Vice Chair Dixon and SECOND by Mr. Nunn to approve the February 14, 2024 Board of Adjustment meeting minutes passed with a unanirnous voice vote of 5-0. B. VARIANCE REQUEST FROM BRIAN DAVIS, DAVIS VACATION RENTALS, LLC IN REGARDS TO THE PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, CURRENTLY A MULTI -FAMILY AND RETAIL USE STRUCTURE, TO ALLOW CONSTRUCTION OF A STAIRWAY FROM AN EXISTING SECOND -STORY DECK REQUIRED FOR A MEANS OF EGRESS TO BE LOCATED THREE (3) FEET FROM THE FRONT PROPERTY LINE WHEREAS THE FRONT SETBACK REQUIREMENT FOR THE CWR ZONING DISTRICT IS TEN (10) FEET IN THE CWR ZONING DISTRICT'S DIMENSIONAL CRITERIA SECTION 54-2-5.5(d)(6) OF THE LAND DEVELOPMENT CODE (Transmittal, Report, Exhibits) Mayor Dodd opened the hearing at 6:22 p.m. and the City Attorney read the variance request submitted by Davis Vacation Rentals. The City Attorney advised that speaker oath cards had been submitted by the applicant. There were no ex-parte communications to disclose. Todd Smith, P.E., Project Engineer, said the request was for a reduced setback in order to construct a second set of egress stairs from an existing deck. Tile structure was built in the 1940's which is prior to the adoption of any land development regulations or the Southern Building Code. Over the years, land was taken for Indian River Drive but in 1999 the City permitted the construction of balconies in the front and the applicant would like to install a second set of stairs that come down from the deck for recreational use. The Community Development Management Manager advised this has come about because they are requesting a change of use from the existing four apartments with retail space to six boutique hotel rooms which requires different building code compliance to include a second stairway. She said the building already encroaches upon the setback but since it is very minimum request, staff recommended approval. There was no public input on the item. MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve the variance request. 9 of 223 Regular City Council & BOA Minutes May 8, 2024 Page 4 Roll call: Vice Chair Dixon - aye Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Dodd - aye Motion carried. 5-0 9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:33 p.m. 10. CONSENT AGENDA A. Approval of Minutes — Alwil 10, 2024 Regular City Council Meeting B. Approval of Minutes — April 24, 2024 Regular City Council Meeting 24.100 C. Approve the Purchase of One (1) Bush Hog 2185 Flex -Wing Rotary Cutter at the Price of $28,424.60 as a Cooperative Purchase Under Sourcewell Contract #070821-BHG from Bush Hog, LLC for the City of Sebastian Municipal Airport and Authorize the City Manager or Designee to Execute the Purchase Order (Transmittal, Contract, Quote) 24.101 D. Alcoholic Beverage Approval (Transmittal. Rotary Club of Sebastian Application, Receipt) 24.102 E. Alcoholic Beverage Approval (Transmittal; Weber Family Application, Receipt) 24.103 F. Alcoholic Beverage Approval (Transmittal, Sebastian Fitness LLC Application, Receipt) MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve the Consent Agenda as written. 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 11. COMMITTEE REPORTS & APPOINTMENTS - None 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS - None 10 of 223 lama SEBASTIAN S MIIMMI�1 Cltltt�ilN 11/1 till CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Variance Request - Englert/Cotton - 168 Harris Drive - Accessory Structure Size and Aesthetics Recommendation: STAFF REQUESTS ITEM BE TABLED TO AUGUST 28, 2024 FOR FURTHER EVALUATION. Conduct a quasi-judicial public hearing to consider a variance request to allow an accessory structure to exceed the maximum size by 50 SF, and to have non -matching fagade materials, roof materials, and roof pitch than the primary residence. Background: In January 2019, the property owners applied for a building permit to construct a concrete slab and install a pre-fab 500 SF detached garage over it. In late 2020, Code Enforcement received a complaint about carport additions that had been made to the detached garage that appeared too close to the property line. A Notice of Violation was issued after determining that the additions did not have any building permits. In the ensuing years, three Special Magistrate hearings were held regarding this case on 5/18/21, 4/19/22, and 9/13/23, and a recent Massey Compliance hearing on 4/16/24 to validate daily fines. Two Orders were issued from the Special Magistrate in 2022 and 2023 determining that the carport additions needed building permits. These decisions were never appealed by the property owners, and building permits were not applied for. At the Massey Compliance hearing, a discussion was held that variances could potentially be requested in order to allow a building permit to be issued for the structure as it exists with the carport additions. This hearing is not a reconsideration of whether the carport additions are temporary in nature and/or require a permit, but to determine if the variance request meets the specific criteria as found in Section 54-1-2.5(c)(2). In accordance with Section 54-1-2.5, staff has provided a report detailing the variance request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Agenda Item Requires 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: N/A - City Attorney Review: 1 Procurement Division Review, if applicable: N/A' City Manager Authorization: Date: 713 o a y " c.'�223 SEBASTIAN CENTENNIAL (RIBRATION 1914 -1014 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 12, 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. A moment of silence was held. 3. Vice Mayor Dixon 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 Community Development Director Alix Bernard Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Parks and Recreation Director Richard Blankenship Public Works Director Lee Plourde Contracts and Procurement Manager Jessica Graham Communications and Social Media Coordinator Avery Joens Human Resources Director Cindy Watson Police Lt. Dino Savvidis 5. AGENDA MODIFICATIONS There was no objection to Mayor Dodd's request to add a "Blue Value Solutions Agreement" as New Business Item #12. A voice vote of 5-0 passed with unanimous consent. 12 of 223 Regular City Council Meeting June 12, 2024 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 24.112 A. Certificate of Aunreciation to John Danise — Parks and Recreation Advisory Board Service Mr. Danise was not in attendance. The City Clerk will mail the certificate to him. 24.113 B. Proclamation — National League of Cities - Small Cities Month — June 2024 Mayor Dodd read the proclamation and commented that local government is where people have a larger role and "say" in what happens than they do at the federal or state level. He asked the public to support the Florida League of Cities and the National League of Cities. 24.105 C. Introduction of New Public Works Director Lee Plourde The City Manager introduced Mr. Plourde who has a background in the federal prison system with a wide array of skills and leadership. He announced that he will be in charge of the Roads Division, the Stormwater Division, the sign shop and the fleet. BriefAnnouncements: Friday, June 28 — Chamber of Commerce Finally Friday on Cleveland Street - 5:30 — 8pm (Swamp Dawg) Vice Mayor Dixon announced the last concert of the season for the Chamber's Finally Friday series. 7. PUBLIC INPUT Abbagael Sullivan suggested putting in a gable fan or turn style fan in the restrooms at the parks and the golf course to move the air to prevent heat stroke. Martin Styger, Sebastian, said Council recently mandated trash service without communicating it with the residents. He said he is upset with his government today. 8. CONSENT AGENDA A. Approval of Minutes — May 22, 2024 Regular City Council Meeting 24.114 B. Approve the Purchase of One (1) Wacker Neuson Trailer Mounted Centrifugal Trash Pump at the Price of $17,475 as a Cooperative Purchase under Sourcewell Contract #062320-CAT from Kelly Tractor Co. (Transmittal, Contract, Quote) MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Consent Agenda Items #1 and #2. 13 of 223 Regular City Council Meeting June 12, 2024 Page 3 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 9. COMMITTEE REPORTS & APPOINTMENTS 24.115 A. Police Pension Board of Trustees — Annoint One Civilian, Resident Trustee (Transmittal, Auulication, List, Advertisement) Mayor Dodd nominated Robert Allen to the position. Council concurred with the appointment. Mr. Allen was appointed to the Police Pension Board of Trustees. 24.032 B. Natural Resources Board — Appoint One Alternate Member (Transmittal, Annlication, List, Advertisement) Mayor Dodd nominated Paul Dovell to the position. Council concurred with the appointment. Mr. Dovell was appointed to the alternate member position. 24.116 C. Parks and Recreation Advisory Board — Appoint Two Regular Members, One Alternate Member (Transmittal, Applications, List, Advertisement) Mayor Dodd nominated JoAnne White for another term and requested that Richard Mauro be moved up to the regular member position. He also nominated Daniel Abrahao to fill the alternate member position. Council approved the nominations. The City Clerk asked the Mayor to consider waiving the advertising rules and fill the seat held by Robert Allen with the remaining applicant, Paul Halleran. MOTION by Mayor Dodd and SECOND by Council Member Nunn to waive the rules and appoint Mr. Halleran to the remaining vacant position. 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 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 24.117 A. Citv Council Consideration of a Proposed Working Timeline for the StillDragon North America LLC (SDNA) Provertv Redevelooment of 100 Veterans Memorial Wav (Transmittal. Timeline) 14 of 223 Regular City Council Meeting June 12, 2024 Page 4 The City Manager said attached is a proposed working timeline that will fall under the proposed agreement in order to advance the agreement. He noted that it is a more detailed timeline than what was submitted in the original proposal. Mr. Lawrence Taylor, StillDragon Founder/Manager, reported that they are ready to go. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve the proposed working timeline. 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 24.117 B. City Council Consideration of the Proposed "As Is" Property Sale and Purchase Agreement with StillDragon North America. LLC (SDNA) for the Propertv Located at 100 Veterans Memorial Wav and Authorize the Mavor and Citv Manager to Execute All Appropriate Documentation (Transmittal. Agreement) The City Manager said this was the request to approve the sale of the property to StillDragon North American, LLC for the purchase price of $1,000,050.00. He said once it is approved staff would proceed with a closing within 60 days. The City Manager said the proceeds would be designated for a "Future City Enhancement Program" as determined by City Council. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the purchase agreement of the property located at 100 Veterans Memorial Way. 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 12. NEW BUSINESS 24.039 A. Citv Council Discussion on the Waste Management Franchise Fee for Fiscal Years 2025-2030 (Transmittal. Fund Balances) The City Manager requested direction with the budget process in setting up the solid waste fund to pay the contractor with regards to the franchise fee to determine how much money will be needed to cover the general fund which is anticipated to become a deficit. 15 of 223 Regular City Council Meeting June 12, 2024 Page 5 He said the information in the agenda backup does include a 6% franchise fee with a negative ending fund balance of $53,073 for FY2024/2025 which would be needed to be put into the general fund to transfer into the solid waste fund. He asked for direction. In response to Council Member Jones, he said if the franchise fee was 3%, an additional $90,000 would be needed for a total of $143,000. The City Manager explained the current rate is $19.45 per household, per month with a 3% franchise fee of 580 (totaling $20.03). Anticipating a 3% CPI rate adjustment in October 2024, the amount will increase to $20.60 and a 6% CPI rate adjustment will increase the monthly rate to $21.63. Council Member Jones said the money will have to come from somewhere; it is a Kobayashi Marti. Council Member Nunn noted that if the franchise fee is assigned to the Waste Management bill, everyone will be paying the same amount and if it is assigned to the tax bill it depends on how much taxes the homeowner pays. Discussion followed on paying the $53,000 deficit out of the Reserve Fund. Grace Reed, Sebastian, said when the CPI increases, Waste Management can ask for a 3% increase and asked if that would be coming. Mayor Dodd noted that tonight they are to determine how to pay the cost in front of them. The City Manager clarified that the contract states the City shall provide the CPI up to 3% on October I" per the contract if requested by Waste Management. Martin Styger asked if Waste Management can raise their rate at any time. MOTION by Mayor Dodd and SECOND by Council Member Nunn to increase the franchise fee to 6% as of October 1, 2024. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - nay Council Member McPartlan - nay Council Member Nunn - aye Motion carried. 3-2 6: 51 pm 24.118 B. City Council Approval of Resolution R-24-29 Approvina a Piaavback Aareement of the School Board of Brevard Countv, Florida's Existing Contract Under #RFP 24-172-P-HD for General Contractor Services of Minor Proiects Under $300,000 with Four of the Awarded Contractors, and Further Authorize Issuance of a Purchase Order to Doua Wilson Enterprises, Inc. for the Communitv Development Office Remodel Proiect (Transmittal, R-24-29, Aareement) 16 of 223 Regular City Council Meeting June 12, 2024 Page 6 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVEING A PIGGYACK CONTRACT WITH 8-KOI, INC. DOUG WILSON ENTERPRISES, INC., HEARD CONSTRUCITON, INC., AND OVATION CONSTRUCTION COMPANY, LLC FOR GENERAL CONTRACTOR SERVICES FOR MINOR PROJECTS UNDER $300,000 AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HER OF AS "EXHIBIT A"; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said staff was requesting to piggyback the agreement of four Brevard County School Board contractors and issue a purchase order to Doug Wilson Enterprises, Inc for the Community Development office remodeling. The City Attorney read the title to Resolution No. R-24-29. The Community Development Director said the needed funds are designated to be allocated from the current vacant position in the department. MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve Resolution No. R-24-29. 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 MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the project to remodel the Community Development Office in the amount of $107,377. 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 24.119 C. Selection of Power Exterminators, Inc. dba POWERX for Rebid ITB 24-10 Citywide Pest Control Services (Rebid) (Transmittal, Intent to Award. Bid Tab) The Procurement Manager said this new contractor is providing services to the City of Palm Bay and Brevard County with no issues and asked for approval. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve citywide pest control services with POWERX. There was no public input. 17 of 223 Regular City Council Meeting June 12, 2024 Page 7 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 24.120 D. Discussion Rejaardin2 the Special Event Ordinance (Section 74) and For -Profit Special Events (Transmittal, Current Park Use Application) 7: 00pm The City Manager said staff has provided a list of the approve special events for 2023-to- 2024-time frame; noting most are City sponsored events for non-profit or city operated except for one entity. He asked Council if they would like to continue to have for profit events at the park and if they do, would they like to consider fee adjustments. Louise Kautenburg, Sebastian, said she was opposed to allowing an individual business to operate their business out of the City's park. Council Member Nunn said he wasn't against people at an event selling things but was opposed to an organization renting the entire park and then they make money. He would like to see the park used for community sponsored events. MOTION by Council Member Jones and SECOND by Council Member Nunn that they only allow City sponsored events or non -profits to have events at the park. The City Manager said before a final determination was made, he was looking for a consensus of what they would like the City Attorney to look into as far as for -profit or non-profit events. Mayor Dodd noted that Barb Snow would just have to convert her business to a non- profit then she would qualify to hold her events in the park. He said if the City doesn't participate in the event, maybe they shouldn't be in the park or he suggested two levels of city -sponsorship. Vice Mayor Dixon suggested a classification such as cultural events. Mayor Dodd suggested a parks and rec sponsored event. The City Attorney advised not to discriminate based on content and when they consider profit, non-profit and commercial activities they should be careful of interstate commerce or free speech and things of that nature. Mayor Dodd said if they couldn't find a way to differentiate it, he would be in favor of an extremely high fee for those types of activities. Council Member Jones and Council Member Nunn WITHDREW their motion to allow the City Manager and City Attorney to look into the matter further. 18 of 223 Regular City Council Meeting June 12, 2024 Page 8 Added E. B1ueValue Solutions Agreement 7: 27pm The City Manager advised that an employee Benefits Committee was established to be more transparent with the benefits process and based on that Florida Blue has invited the City to participate in the B1ueValue Solutions Program to provide an opportunity to reduce the renewal rates for employee health insurance in fiscal year 2026. Council Member McPartlan said it was similar to a wellness program which is beneficial and could be used as a morale booster. MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve the B1ueValue Solutions Agreement with authorization given to the City Manager to execute the same. 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 13. CITY ATTORNEY MATTERS The City Attorney said the federal court did issue an order granting a statewide injunction allowing local officials to file Form 1 instead of Form 6 for their annual Financial Disclosure requirement. She said she is aware of a couple of legal conflicts that have come up and asked if they would like to see the items on the next agenda in seeking outside counsel for those matters; as well as she would like back up counsel for herself when she is absent, or would they just prefer to give her verbal consent to proceed with outside/backup counsel. It was the consensus of Council to have them come back as an agenda items. 14. CITY MANAGER MATTERS The City Manager advised that the paving contractor will be in town next week for the Fiscal Year 2022 and 2023 road repaving work. He said that he has put together a chronological discussion of the City's Septic to Sewer efforts to include: chronological discussion provided back to 2016 Indian River County's 2017 Septic to Sewer Evaluation with their top 30 priority sites (Sebastian was mentioned numerous times) 19 of 223 Regular City Council Meeting June 12, 2024 Page 9 - City of Sebastian 2022 CRA Conversion Plan was completed. He discussed with the County the conversion requirements for the County infrastructure within the CRA - He has a list of projects of the County's top 30 projects that have been completed or in the works that does not include anything in Sebastian - The County is in the process of choosing a consultant for their Utilities plan - He has provided a map created by the City's GIS Technician that shows who is currently connected to sewer within the City For the CPA infrastructure, he said the County is considering to do a lot of the work in- house; potentially utilizing their American Rescue Plan Act funding; or assessing the residents/businesses. He did advise the County that they are planning sewer improvements on Louisiana Avenue and Davis Street where the City plans to repave this summer and he has asked that those two roads be a priority so he can have the contractor go in after County. Mayor Dodd said there is an 80-85% chance that the County is going to bill the property owners in the CRA district for their infrastructure. It is the responsibility of City Council to plan for the mitigation of the 8,000± septic tanks within the City. He said we can't leave that up to the County utility who has made no plans since 1994 when they agreed they had the obligation to do the conversions. Mayor Dodd said HB1379 is a direct signal that the state isn't going to put up with messing around with this anymore. In 2023 the state moved the responsibility of inspecting septic tanks to the Florida Department of Environmental Protection and they are in the process of setting up their rules. They will have the opportunity to inspect and condemn those tanks that need to be condemned and then the property owners will have to connect to sewer within one year. He said HB1379 established a July 1, 2030 deadline so to have 8,000 tanks switched out by then, it would take every plumber in the state of Florida. He said he was comfortable that deadline will be replaced with a planning date deadline. He said it is the City's responsibility to have this done, not the County's utility. Mayor Dodd also said there is an effort to expand the urban service boundary which will open a large plat of land south and west, as well as in the middle of the County to be developed. When the developer comes in and is willing to pay for the utility that is where the effort needs to go. He continued to say the cost to mitigate to new hybrid tanks is $20,000-25,000 per house. Step systems could be put in after the lines are put in by the County. He said given all of this, it is the City's responsibility to do something and asked for consensus to establish a project for City Manager and City Attorney to provide the options we have, what the potential costs of the options are such as doing it on our own or build a treatment plant; and what type of legislative grant options are out there. 20 of 223 Regular City Council Meeting June 12, 2024 Page 10 He also would like the City Attorney to look at our options under our current interlocal agreement. The City Attorney requested to seek outside counsel. Vice Mayor Dixon and Council Member Nunn agreed with Mayor Dodd. Council Member McPartlan suggested that the City Manager present the options first, then seek the legal opinion. Mayor Dodd said he is suggesting a plan with cost estimates first. He said they should be in a position within 12 months to decide how the City should finance this and either "do it" or "not do it." He noted they should protect the citizens because DEP could come in and condemn 2,000 tanks, then what will the residents do? He stressed that he is not being negative towards the County but their interests are their interests and he would like to look out for Sebastian. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Nunn - None B. Vice Mayor Dixon - None C. Mayor Dodd thanked the department heads for sitting through the meeting. For the gentleman that was upset earlier with the Waste Management decision, he wanted him to know that they don't make decisions lightly. D. Council Member McPartlan said at the Metropolitan Planning Organization meeting earlier in the day, the plan to improve the Sebastian Inlet Bridge was discussed. A public meeting on the project will held on July 17 at 6:00 p.m. at the Sebastian Community Center. E. Council Member Jones - None 17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 7:58 p.m. Approved at the July 10, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST.' Jeanette Williams, City Clerk 21 of 223 SEBASTIAH (IMIIMMI�1 <tll\��IIOM I111 lC11 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Selection of Anser Advisory Consulting, LLC for CDBG Grant Administration Services. Recommendation: Selection of Anser Advisory Consulting, LLC for CDBG Grant Administration Services and authorization for the City Manager to execute the agreement. Background: The City of Sebastian released Request for Proposal 24-12-RFP, CDBG Grant Administration Services on May 30, 2024. One hundred thirty-six firms were notified of the proposal posting and twenty-five firms downloaded the request for proposal. The City received one proposal response from Anser Advisory Consulting, LLC. The evaluation committee met on July 1, 2024, to evaluate the proposal. The committee voted to award the request for proposal to Anser Advisory Consulting, LLC as a responsive responsible proposer. Staff is seeking approval to enter into contract negotiations with Anser Advisory Consulting, LLC, and for the City Manager to execute the agreement. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: N/A Total Cost: 17% of grant award (Program Administration Costs), and $2,500 per house (Housing Activity Fee) Funds to Be Utilized for Appropriation: Community Development Block Grant Attachments: 1. Intent to Award RPF #24-12 CDBG Grant Administrative Services 2. Proposal Tabulation RPF #24-12 CDBG Grant Administrative Services Administrative Services Department Review: t"t— City Attorney Review: 61 O-A_� Procurement Division Review, if applicable: 9 t� City Manager Authorization: je Date: 7h / a o xY 22 of 223 DocuSign Envelope ID: 531AFEF1-7DE242EO-A6BA-A5E5A6F2D6F9 SEBASTIAN CENTENNIAL CELEBRATION INTENT TO AWARD Date: July 2, 2024 Solicitation #: 24-12-RFP Solicitation Title: CDBG Grant Administration Services Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Notice is hereby given that the City of Sebastian intends to award an Agreement upon approval of the City Council on Wednesday, July 10, 2024 at 6:00 PM EST to the following Bidder: ANSER ADVISORY CONSULTING, 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 i esst;rahamna,citvo fsebastian. org. Sincercly, DocuSigned by: JeA� c a JJ ,a� DICCCSBOC95D4F13.. 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, orfailure 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 23 of 223 =� �7*SEBASTIAN (ENTENNIAL CELEBRATION Solicitation #: 2412-RFP Criteria Tab #3 — Summary of Tab #4 — Technical Tab #5- References Calculated Formula Solicitation Title: CDBG Grant Administration Services Qualifications Approach Pricing Proposal Tabulation Weight 28 32 20 20 ANSER ADVISORY Consulting, LLC 25.67 29.33 16.67 20.00 Posting Date: July 2, 2024 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Total 100 91.67 i SEBASTIAN tl Mll MM1�1 t111�t�110M 1111 l011 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Resolution R-24-32, authorizing staff to submit a grant application to the Florida Department of Agriculture Urban Forestry Grant program to conduct a city-wide Tree Canopy Survey. Recommendation: Approve Resolution R-24-32, authorizing staff to submit an application to the Florida Department of Agriculture Urban Forestry Grant program for a city- wide tree canopy survey. Background: Staff is seeking authorization to submit a grant application for up to $50,000 to conduct a city-wide tree survey. The purpose of the survey is to outline those areas in the city that need trees and tree canopy, as well as the best species alternatives for the particular area. A complete tree canopy assists with community resiliency, urban heat stress, wildlife habitat, and public health. Once the survey is complete the data will be used to assist in landscape planning for medians, parks, open spaces, and private development. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: An equal match is required; however the match would be in -kind which would come from budgeted operating funds. Total Cost: Up to $100,000 dependent on survey cost. Funds to Be Utilized for Appropriation: Parks and Recreation Operating Budget to be used as an in -kind match. Attachments: 1. Resolution R-24-32 Administrative Services Department Review: v City Attorney Review: L OLA_/_� Procurement Division R . w, if applicable: —0 City Manager Authorization: //( s�K Date: 7/3l,oay 25 of 223 RESOLUTION NO. R-24-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITAL OF A GRANT APPLICATION FOR THE FLORIDA DEPARTMENT OF AGRICULTURE URBAN FORESTRY GRANT PROGRAM REQUESTING UP TO $501,000.00 TO COMPLETE A CITY- WIDE TREE CANOPY SURVEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has the opportunity to apply for funding in the amount of $50,000.00 for citywide tree canopy survey, with a stipulation of a one to one in kind funds match; and WHEREAS, the match funds of up to $50,000.00 will be available by October 1, 2024; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. The above recitals are hereby adopted. SECTION 2. The City Council of the City of Sebastian hereby authorizes the use of $50,000.00 in match funds that will be budgeted and available October 1, 2024 for the citywide tree canopy survey. SECTION 3. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 4. This Resolution shall take effect upon adoption. The foregoing Resolution was moved for adoption by Council Member . 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 Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 1 Oth day of July, 2024. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: Jennifer Cockcroft, City Attorney 26 of 223 mon, SEBASTIAN (1 MIIMMI�1 <IIltt�il0• I/il l011 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve CSA #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization. Recommendation: Staff recommends Council approve Consultant Service Agreement #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization and authorization for the City Manager to execute the agreement. Background: The City intends to create a passive park along Indian River Drive south of Hardee (Main Street) boat ramp. The park is referred to as Swing and Bench Park. The shoreline must be restored and stabilized to prevent further erosion prior to development of the park. CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, submitted CSA #4 to provide permitting, design, and engineering services to stabilize the shoreline to maintain the park upland area and assorted upland improvements. If Agenda Item Requires Extaenditure of Funds: Budgeted Amount: $24,300 Total Cost: $24,300 Funds to Be Utilized for Appropriation: Community Redevelopment Agency Attachments: 1. CoastalWide LLC CSA 04 (RFQ 23-06) Shoreline Administrative Services Department Review: City Attorney Review-�" Procurement Division Review, if applicable: City Manager Authorization: Date: 13 /;,d A y 27 of 223 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20'h Street Vero Beach, Florida 32960 Work Authorization No: CSA — 04 (RFQ #23-06) Proiect Title: Swing Bench Park Shoreline Restoration and Stabilization IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Planning and Landscape Architect Consulting Services Dated July 13, 2023. Description of Assignment: CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, shall provide permit, design, and engineering services for the Swing Bench Park Shoreline Restoration and Stabilization project to stabilize the shoreline to maintain the park upland area and assorted upland improvements as further described below. The work/project will include: Task 1: Upland and Mean High Water (MWW) Line survey — The Vendor shall conduct, through our subconsultant, a topographic and mean high water line survey. Subconsultant will provide the survey equipment and qualified staff to perform the field survey and processing required for this project. Final data will be transferred to AutoCAD format for final production. The final delivery shall include a final map with Aerial Geo Tiff image in AutoCAD. The survey shall be signed and sealed by a Professional Surveyor and Mapper licensed in the State of Florida. Task 2a: Conceptual Design — The conceptual design shall be prepared by the Vendor and shall include conceptual upland shoreline restoration including grading and stabilization (i.e., rock revetment or other protective measures and stormwater) design concepts. The Vendor shall present the design concept to City staff. Each phase of design will include an updated Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 2b: Request for Letter of Permit Exemption — Based on the conceptual design, the Vendor and shall submit a request for state environmental regulatory exemption from permitting. Task 3: City of Sebastian Development Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the City of Sebastian Community Development Staff to discuss the conceptual for Swing Bench Park Shoreline Restoration and Stabilization and identify any preliminary comments expected from City Community Development staff and other applicable City department staff. The Vendor shall present conceptual design drawings of both upland and underwater improvements prepared under a separate task as described above, to use during the discussions of the project with City staff. The Vendor shall prepare minutes of the pre -application conference with City staff. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task. Task 4: Preliminary Design Services — The Vendor shall design the proposed improvements and provide signed and sealed engineered drawings suitable for the Contractor to obtain building permits as required by the City of Sebastian. Preliminary design drawings and engineering calculations will be completed in a 24" x 36" format. The engineered design will include shoreline restoration limits and stabilization design. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 5: City of Sebastian Development Permit — The Vendor shall submit a Code Compliance Certification Application to the City of Sebastian (COS) including design sketches signed and sealed for this application. The Vendor shall complete the necessary City of Sebastian Approval Application with required attachments and submit it to the City for permit approval in accordance with applicable municipal Code Sections. The Vendor shall complete the necessary municipal Approval Application Forms including providing the required number of plans, a project description, one (1) aerial of site with project overlaid showing surrounding 100 feet, one (1) Copy of the Owner's Deed, and Letter of Authorization from Property Owner, as necessary. The Vendor shall provide evidence of compliance with City of Sebastian applicable regulations and apply for necessary municipal regulatory permits. The Vendor is not responsible for construction related permits, including building permits. The City of Sebastian shall provide all application fees associated with the City related Development Permit Application and associated permits, if necessary. Task 6: City of Sebastian Development Permit Processing —The Vendor shall process the City of Sebastian (COS) application by responding to a request for additional information from COS if necessary. 28 of 223 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 7: Final Design Services —The Vendor shall prepare final design drawings that will be prepared upon any special regulatory permit conditions accepted by the OWNER. The design drawings will include technical specifications. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. 1. Vendor's Responsibility (include estimated hours, if applicable) I Description Estimated Hours Task 1: Survey Lump Sum - not applicable Task 2a: Conceptual Design Lump Sum - not applicable Task 2b: Permit Exemption Request Lump Sum - not applicable I Task 3: City of Sebastian Development Permit Pre-App. Lump Sum - not applicable Task 4: Preliminary Design Services Lump Sum - not applicable Task 5: City of Sebastian Development Permit Lump Sum - not applicable Task 6: City of Sebastian Development Permit Processing 8 hours Task 7: Final Design Services Lump Sum - not applicable 2. Pricing Description Quantity Contracted Unit TOTALS Price Task 1: Survey 1 Lump Sum $5,000.00 Task 2a: Conceptual Design 1 Lump Sum $3,600.00 Task 2b: Permit Exemption Request 1 Lump Sum $2,850.00 I Task 3: City of Sebastian Development Permit Pre-App. 1 Lump Sum $1,500.00 Task 4: Preliminary Design Services 1 Lump Sum $7,300.00 Task 5: City of Sebastian Development Permit 1 Lump Sum $1,550.00 Task 6: City of Sebastian Development Permit Processing 1 Hourly, Not -to -Exceed $1,300.00 I Task 7: Final Design Services 1 Lump Sum $1,200.00 3. Deliverables Provided to the City (surveys, plans, etc.) I Description Quantity I a. Meeting agendas and minutes Electronic format (pdf) b. Conceptual and Preliminary Design and permit sketches and drawings Electronic format (pdf) c. Permit Applications submitted to permit agencies w/attachments (for City signature) Electronic format (pdf) d. Engineer's estimated approximate probable construction cost each phase Electronic format (pdf) e. Signed and Sealed Final Construction Design Drawing with Technical Specifications Electronic format (pdf) I f. Final permits as issued by regulatory agencies Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for CSA — 04 (RFQ #23-06) will be performed for a fee in the amount of $24,300.00. Period of Services: Refer to "Attachment A - Vendor Schedule." AGREED: VENDOR: Date: 06/18/24 Denise M. Boehning / President CoastalWide LLC Attest Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN: Date: Brian Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 29 of 223 a U v H w �O2 OILLZ W LL O Q: Q�a Q: U m=> USN LLa� OYz, HOB U � � z O U Vendor. CoastalWide LLC v Work Authorization No: CSA — 04 (RFQ #23-06) r Project Title: Bench Park Shoreline Restoration and Stabilization U 0 Project Schedule ---__ Jul-24 1� Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Task 1: Survey-- i Task 2a-. Conceptual Design Q Task 2b: Permit Exemption Request Letter ........................ . ........................... w Task 3: City of Sebastian Development Permit Pre-App. _ .. = Task 4: Preliminary Design Services Q Task 5: City of Sebastian Development Permit QTask 6: City of Sebastian Development Permit Processing Task 7: Final Design Services SEBAS-TIAN tl M11MM111 (111 ■t�110M 1111 101/ CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve purchase order for Commercial Door and Hardware, Inc. in the amount of $37,064.14 for Golf Course Clubhouse Door Replacement and authorize the City Manager or designee to execute the Purchase Order. Recommendation: Staff recommends City Council approve a purchase order for Commercial Door and Hardware, Inc. in the amount of $37,064.14 for Golf Course Clubhouse Door Replacement and authorize the City Manager or designee to execute the Purchase Order. Background: In this year's budget, the City of Sebastian Municipal Golf Course budgeted $35,000 to replace the golf course clubhouse doors. The current doors are original to the building, and the hardware to maintain the doors has become obsolete. The Procurement Division reached out to contractors under contract through our piggyback of the School Board of Brevard County, FL's contract for general contractor services (approved at the June 12, 2024, Council Meeting), and a local vendor that currently provides door maintenance and locksmith services to the City. Two of the general contractors declined to bid, but quotes were received from three contractors. As the current cost estimate exceeds the budgeted amount, the Golf Course will utilize an additional $2,064.14 from the golf course operating budget to cover the door replacement. Staff is seeking to issue a purchase order to Commercial Door and Hardware, Inc. and authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: $35,000 Total Cost: $ 37,064.14 Funds to Be Utilized for Appropriation: Golf Course Operating Budget Attachments: 1. 24-15-QT Golf Course Clubhouse Door Replacement Tab Sheet 2. Commercial Door & Hardware, Inc. RFQ Submittal Administrative Services Department Review: U City Attorney Review: ✓� Procurement Division Review, if applicable: City Manager Authorization: Date: 713 Ja0ay 31 of 223 Item Description Option 1 All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement with WHITE ALUMINUM ADA Compliant Commercial Storefront Doors with sidelites and transom, and HARDWIRED ADA door openers and switches. Option 2 All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement with POWDER COATED ALUMINUM ADA Compliant Commercial Storefront Doors with sidelites and transom, and HARDWIRED ADA door openers and switches. Option 3 All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement with WHITE ALUMINUM ADA Compliant Commercial Storefront Doors with sidelites and transom, and WIRELESS ADA door openers and switches. Option 4 All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement with POWDER COATED ALUMINUM ADA Compliant Commercial Storefront Doors with sidelites and transom, and WIRELESS ADA door openers and switches. Notes: ` 8-KOI Submitted a "NO Bid" * Ovation Construction submitted a "NO Bid" QUOTE TABULATION 24-15-QT Golf Course Clubhouse Door Replacement Tab Sheet Commercial Door & Hardware, Inc West Melbourne, FL Total Amount $ 37,064.14 $ Doug Wilson Enterprises, Inc Merritt Island, FL Total Amount 41,650.00 $ Heard Construction, Inc Merritt Island, FL Total Amount 141,476.29 $ 49,253.66 $ 41,650.00 $ 143,658.20 $ 37,515.08 $ 45,990.00 $ 142,087.23 $ 49,705.04 $ 45,990.00 $ 144,269.14 SEBASTIAN "W"WHIA1 (MBIA110H Sincerely, --�--�- Jes, ca Graham Jessica Graham, CPPB Procurement/Contracts Manager Acknowledgment of Addendum No. 1 by CS?ltttactol The Respondent hereby acknowledges receipt of the following Addendum inanct I)rpprtmcm Procurenient OIrtslun 1225 Main Succi lrbmtian, Ft 32458 17721 )8M-h2li This addendum shall be completed and signed by an authorized representative and returned with the solicitation submittal The Acknowledgement of the Addendum receipt will become an integral part of the solicitation document. In acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and ciartfic ations k1l other bid IcnnN, conditions, and specifications as originally issued remain unchanged IY1thaa.�(1m'Ln Printed Namc Title yY,�'- Signature Date .14-15 Gull Course Clubhouse Dwr ReplaLcment - Addendum I Page 2 of 5 33 of 223 SEBASTIAN 4(IN)tNNIA1. (ltlStAtloN Date: Project: Site Visit Date & Time Due Date: i Final Completion Date: Attachment IV — Revised RFQ Apnl I5, 2024 uest for Quote RFQAl 24-11•RIQ i Inan(c 0epartmtni Procurement M%islon 1225 Main Strcrt Sebastian, Ft 1294 (772) Ign-h231 C'ornrnunity Ih%clopment Office Remodel June 7, 2024 Site Visit Address: 1225 Main Street, Sebastian, FL 2.00pm I oval I Itnc , 32958 June 19, 2024 Submit Quote to: Jessgraitarriggityotsebasitan org 2:0Upm local I Ime 30 Days from issuance of PU and Permitting • PO %sill he ls%ued, %o deign and permitting can begin. Once a permit is rccci%cd, a \ i P will be issued, and the 90 tinieline %%ill Begin. All quotes must be entailed to Jessica Graham The subject line shall contain the RFQ number ('omplete'sign RFQ form and submit a detailed pnce breakdown with the quote form Firm Dame CUno t a I Imi, + HmAvmwc Authonred Rep Signature �"—M Mfi� Quotes not received by the required date and onic .ibuic ndl nut he cumulcrcd fur .11%.11(1 'I his quote shall be in accordance %sith all specifica0om, ItIills and iondrtions htrcnl and of hid number named Jilmr General I Selected contractor shall pro%nde all necessary tools, materials, equipment, and labor to conthlctc the %%i or K 1 Ill,. I. to be a turnkey project with all aspects completed by the selected contractor Contractor must obtain necessary permits and inspections prior to starting and dunng the %%ork Work can be performed 84;001)111 Monday through Friday Work outside of those hours must be pre -arranged on a case by case basis Specifications arc provided herein, however, the information provided should be viewed as the baseline for the project 1 lie selected contractor shall pro%ide for removal and disposal of all packing material Once the project is substantially complete, a post -completion walk through shall be required with the installation foreman and City staff to ascertain full compliance with specifications and scope of work, Any inconsistencies %% ill be noted and must be scheduled for completion prior to final acceptance of the project 2 3 4 S 6 Quality Assurance 1. All products shall meet or exceed industry standards for quality and reliability 2. All rnatenals, parts, assemblies, etc shall be ne%% and be free of corrosion, blemishes or otlicr L,i.mctIk ilctcc(N 3 I.lectrical equipment shall be Ul. listed to ensure fire and electrical safety 24-15 (loll t uurAe ( luhhuusc Uuur Replacement - Addendum I Page 3 vl 34 of 223 SEBASTIAN i (tNTIONIAt (fifIRATION I mono Drtparlmrnt I'rocureinew DI► Vnn Main Sort c �sor=Lan FI t7N`r Minimum warranties I All products proposed must be new unused and free from defects in materials and workmanship from the dale of installation \cape of \► ork: Pru\ ide quote ink luding all materials, labor and equipment Io 1)0n1)11!ir)n I Selected contractor is to provide all necessary demoirtionrequipment removal and complete project (-bean-up Demolition work will generally consist of removal of existing commercial double storefront doors, transoms. and sidelites at the north and south entrances of the clubhouse !note new doors must fit the enure ( u►rs1►'ut !run I Contractor will need to measure the current doors and opening to determine fire frame size and rough opcniq needed fur the net doors Contractor install commercial doors in the following locations a. North Entrance WA ( omphant ( ommercial Storefront Double t ntrancc Dour %%jdi sidchics and transom I Glass must be Impact resistant 'ADA compliant door opener " idi two 12) hardwired handicap push Plates a One I 1 1 push plate for entrance and one (1) push plate for can b. South Entrance i ADA( ompliant ( ommercial Right Band IRII) Storefront Door with sidclitca. and transom I Glass must be impart resistant ADA compliant door opener with one i I I hardN ircd Push to Ear(" button c Contractor must include all necessary hardware for door mstallatiou, including but not limited it, door, frame. inipact resistant ghb%. locking hardware, door openers, and threshold Contractor must submit documentation on the type of doors being prrpo%cd Document must includL pi6tures and specifications of the door 3 All work to be permitted through the C try of Sebastian Building Department ( ontrartor must prepare and submu all required documents for permitting 4 A Payment and Performance Bond equal to 100% of the contractors quote total will be required before a purchase order and Notice to Proceed N ill he issued 5 The City anticipates beginning work in late Julr early August RFQ Pricing: — — Pleasc note the city is requesting pricing for multiple options The City will select the most adsantageous option that fits ,,ur nccds Please Provide Pricing on all options. Option I: Item Descnpuon Unit Total Amount _ t— AII-inclusive price per specifications to eomplcte Golf Course Clubhouse I)cior Replacement v%tth NHI1L A1A %IINI N1 NDA (koniphant lamp S 3r) blo`� I(-i ( (,mincrctel Storefront D,i-a. with,idclitrs and Sum transom. and HARDN IRED ADA dtrc)r opcncrs and %%I(ctic, 1] 0)1(— ISISS 24-I5 (jolt( oucw Dour Replacement Agendum I Vae, 4 .,1 i 35 of 223 SEBASTIAN 40(INTINNIAt (tttlRAI10H Option 2: Item 11 , All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement wllh POWDER COVI ED ALUMINUM ADA Compliant Commercial Storefront Doors with sidelites and transom, anti I I N R IM 110 1) %DA door IT"erx and switche, &Auutf t * 1 SIo Option 3: Item Description All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement \s rth W HITt ALUMINUM ADA Compliant Commercial Storefront Dtwrs with sidclitc% and transom, and WIRELESS ADA door openers and sw Itcbcs lam' oK. I S 151 l init l Total Amount Lump 4-q Sum Unit I I nt.il ,�I11c�;1111 Lump S 3 7, j I Sum Option 4: _ Item Description _ 1 Unit I Total Amount All-inclusive price per specifications to complete Golf Course Clubhouse Door Replacement with POWDER COATED ALUMINUM ADA Compliant Commercial Storefront Doom +%ith sidchics and transom, and W IRt•_I.F:SS ADA door opo icri avid switches (�,O () fit. W S 8 Lump Sum General Bid Compliance: A Schedule to be coordinated between vendor and project manager (THD at tirne of RI 0 award ) tin1nee Department 1,rucurtmenl Mvhtun 1225 Mein tiirect Scha+uiA I I ;?9As 177I1 INS 82 t 1 Q Quantities and limits of construction shall be verified during site walk-thru Contractor mu%t 1 icld \ en IN all quanutILS C Any demolition required is included in doe scope D Contractor shall notify and obtain approval from the Citq of Sebastian Procurcnunt Dii,ion regarding an} changes that may occur prior to execution L• Daily cleanup and hauling of all debris is included F Contactor must supply a certificate of completion for all work associated G Quotes are to be itemized based on materials. labor and any subcontractors, it applicable A Repair of all damaged'disturbed items adjacent to this scope of work shall be the responsibility of this Contractor A -I i Gulf Course Clubhouse Dixir Replacement - Addendum I I'agc c 111 s 36 of 223 jVn .' SEBASTIAN <101101111 Il111111100 1 I. 101/ CITY COUNCIL AGENDA TRANSMITTAL Council nleetinu Date: July 10, 2024 Agenda Item Title: Approve the purchase of one (1) maintenance building in the amount of $15,375.51 from Garage Buildings for the Parks Department and authorize the City Manager or designee to execute the Purchase Order. Recommendation: Staff recommends Council approve the purchase of one (1) maintenance building in the amount of $15,375.51 from Garage Buildings for the Parks Department and authorize the City Manager or designee to execute the Purchase Order. Background: In this year's budget, the Parks Department budgeted $15,000 to purchase a new maintenance building. The current maintenance building at Barber Street Sports Complex is full and does not allow park staff to easily rotate equipment or add any additional equipment. The Parks Department received competitive quotes from Garage Buildings, Choice Metal Buildings, and Tampa Sheds. During the evaluation process, the Parks Department met with Community Development to ensure the shed could be placed in the storage area off Fairfield Lane. Community Development has reviewed and approved the Parks Department maintenance building with the following caveats: 1) the shed must be permitted, and 2) landscaping additions must be performed along Persian Ct. The vendor's quotes include the cost of permitting and the Parks Department will perform the landscaping services in-house. As the current cost estimate exceeds the budget, the Parks Department utilized an additional $375.51 from the Park's Operating Budget to cover the maintenance shed. Staff is seeking to issue a purchase order to Garage Buildings and authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $15,000 Total Cost: $ 15,375.51 Funds to Be Utilized for Appropriation: Parks and Recreation Department Operating Budget Attachments: 1. Garage Buildings Quote 2. Choice Metal Buildings Quote 3. Tampa Sheds Quote Administrative Services Department Review: City Attorney Review: 6(" Procurement Division Review, if applicable. City Manager Authorization: Date: %/J / a J}Y 37 of223 Garage Buildings 1559 Laskin Rtl, Virginia Beach Virginia 23451 @ sales (3garag ebulldings.com (888) 234-0475 https;1/93ragebulldings.com CUSTOMER DETAILS Brian Mcnally b.l 15 t.ca — Sebastian. Indian River. Florida 32956 5nlpp-q Acd.em Sebastian, Indian River, Florida 32958 @ bmcnally&cityofsebastian drg B (772)589.5330 Sales: Steven Murillo QQ 1559 Laskin Rd. Virginia Beach Virginia 23451 @ crlstianmCgaragebuildings.com Standard Carports - 20 x 25 x 12 Roof Color: Beige Fj Trim Color: White ❑ Sides/Ends Color: Beige Wainscot Color: NA i iBuilding Quote QTE-117393 Date 21/02/2023 Ready for Installation?_ )obslte Level? __. Permit Required? Customer To Ven ''nside City LIMO _ Electricity Available? — Installation surface? _c_—felee Building Dimenslon Roof Style Gauge Win01brrD.+ Rar nN Dis'.ance on Cente• .I 20'W x25'L x12'H Vertical 14 Gauge 150 MPH Wind Load Certified 5 Feet 20X25' (Roof 26') Vertical Roof 1 $2,995.00 12' Height 1 $575.00 Gauge : 14 1 $0.00 150 MPH Wind Load Certified 1 $0.00 3112' Roof Pitch I $0.00 Front Wail Closed Horizontal 1 $2,400.00 Back Wall Closed Horizontal I I $1,400.00 Lett 1 Panel Horizontal 1 $130.0D Right 1 Panel Horizontal ;130.00 Left Lean-to 12x25'(Center) 1 $1,797.50 Left Lean-to 9' Height 1 $152.30 Left Lean-to 2/12' roof pitch 1 $0.00 Left Lean-to Front Wall Closed Horizontal 1 $600.00 Left Lean-to Back Wall Closed Horizontal 1 $600.00 Left Lean-to Left Wall Closed Horizontal 1 $390.00 Right Lean-to 12x25' (Center) 1 $1,797.5o Right Lean-to 9' Height i $152.50 Right Lean-to 2112' roof pitch 7 $0.00 Right Lean-to Front Wall Closed Horizontal 1 $600.00 Right Lean-to Back Wall Closed Horizontal 1 $600.00 Right Lean-to Right Wall Closed Horizontal 1 $390.00 Bx8 ft Garage Door (Roll -Up) on Right Lean -To Front Wail (Certified) 1 $800.00 38 of 223 10x10 ft Garage Door (Roll -Up) on Front Wall (Certified) i 8x8 ft Garage Door jRoll•Up) on Left Lean -To Front Wall (Certified) Delivery And Installation Is Included. Side ) Trim Side Connection Fees Manufacturer Discount Permit Required : Customer To Verify Engineer Drawings Fee : $1,138.00 NOTES jS838 for drawings .... $300 for manufacture to pull out pef rnils.... 1 1 1 . I 1 1 $1,050.00 $800.00 $0.00 $140.00 $250.00 $2,512.50 Building Amount: $16.750.00 Manufacturer Discount: $2,512.50 Sub Total: $14,237.50 Tax $0.00 Additional Charges $2,138.00 Grand Total $15,375.51 Pay Now Mwnpayment Balance Due $2,420.38 $12,955.13 39 of 223 TERMS & CONDITIONS Tens And Conditions Of Service Please Inform installers of any underground cables, gas lines, or any other utility lines. if utilities are rot marked, we will not be liable for damage. We will not be respouu0le for permits or inusWetlons. LOT MUST BE LEVEL If land Is not level or additlons are to be made to carport, a labor charge and any additional material costs will be added to the balance. POWERBILT BULDINGS WILL ABSOLUTELY NOT BE RESPONSIBLE FOR REFUNDS OF THE CUSTOMERS DEPOSIT. POWERBILT BUILDINGS IS NOT LIABLE FOR ANY DAMAGES AS A RESULT FROM INCLEMENT WEATHER. IF YOU ARE TAX EXEMPT, A TAX EXEMPT CERTIFICATE MUST BE ATTACHED TO YOUR ORIGINAL DP.DEitfS). OTHERWISE. APPLICABLE TAX WILL BE ADDED. NO EXCEFTIONS Our grand anchors are temporary only. For permanent anchors ask your Sales Representative. I have read the terms and conditions of this contract: by slgnbhg this contract. I agree to all conditions set forth herein and should i fail to make payment In full at time of delivery I understand and agree to allow PowerWh Buildings to pick up the carport and I wd) be liable her all applicable charges and fees associated with the Initial setup and delivery as well as any legal tees incurred by Powerbilt Buildings. POWERBILT BUILDINGS RESERVES THE RIGHT TO CANCEL ANY ORDERS. NOTE: Frame Is 1 it shttter than roof length on regrdar/starid rd roof styles. A -Frame Vertical b A -frame Boxed Eave buildings have no overhang and are 1 (L shorter than Regular/Standard Roof styles. NOTEu if you need a spacial drawing for your building there will be a Nan ftefundablo additional charge NOTE: Thera is not refund on deposits on cancelled ardem; deposits am forfeited. ff accepted below by Powerbllt Buildings (Seller) at Its office in Virginia Beach VA this order becomes a contract between Seiler and the Buyer named below as folows: subject ad the terms above and SUBJECT TO THE TERMS AND CONDITIONS ON PAGE 2. Seder end Buyer agree that the Seiler wig sell to Buyer the metal building (Unit) described above and Install it at the address stated above and the Buyer will obtain all required permits, prepare the site for installation, purchase the Unit and pay the price as stated above. If accepted below by Powerbilt Buildings (Seller) at its office In Virginia Beach VA this order becomes a contract betymen Seiler and the Buyer named below as follows: subject to the terms above and SUBJECTTO THE TERMS AND CONDITIONS ON PAGE 2. Seiler and Buyer agree that the Seller will sell to Buyer the metal building JUnW described above and Install it at the address stated above and the Buyer will obtain all required permits. prepare the site for Instataton, purchase the Unit and pay the price as stated above. IMPORTANT'. "A Uft rtay be required on certain Structures 13- or taller. The customer will be responsible for providing such gft if needed - The Dealer named on the face of this Tubular Steel Building Order is NOT an agent of Seller for any purpose except receipt of the Deposit. No representation or agreement by the Dealer Is binding on Seller. Rejection of Order and Cancellation of Contract. Seller reserves the right. at any time before Installation of the Unit. to reject this Order of cancel this contract by notice in writing to Buyer. Upon giving such notice, Setter will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyers exclusive remedy for such cancellation Legal Authority for Installation. Before Installation of the Unit. Buyer shall locate and mark any underground utilities and obtain every permit or other authorization required for Lawful erection of the Urdt on that certain site (the -Site") designated by Buyer upon the property specified on the face hereof. If Buyer fads to obtain any such required permit or authorization: (1) such failure valds any and all warranties otherwise bppllcable to the Unto and (11) Buyer shall indemnity and hold Seller harmless for all damages or costs. Including attorney fees, which Seiler may Incur as a result thereof. Seller will Install the Unit on the Site: BUT, If Seller degvers the unassembled Unit and Installation Is not completed due to Buyers breach by failure to obtain any required permit or by any other failure adequately to prepare the site. Seller may. In Its sole discretion. terminate this contract and retain Buyers deposit as liquidated damage for Buyer's breach Dimensions are approximate. Shia Preparation. Before delivery, Buyer shall designate a site on the property identified as the Location on the face hereof and prepare such site for Instaoation of the Unit, which preparation shall Include making the site level moving all electrical wire less than 50 feet above the Intended height of the Unit. removing all underground Wltles below the site, and any other Improvement reasonably necessary. 11 Seller determtrids that the site Is not prepared or suitable for Installation, Seller may, at Its option, terminate ws contract or make such further improvements as may be reasonably necessary. It Seller nukes further Improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion. Scheduling Delivery and Installation, Seller will make a good faith effort to deliver and install lha Unit within 120 days after Sellers acceptance of this Contract, and will notify Buyer at least 24 hours before delivery. Seiler is not responsible for delays In delivery or Installation due to Inclement weather conditions or closures andlor delays caused by COIn619. Rural areas may experience a longer than average delivery and install time due to the remoteness of location. Seller will make every effort to deliver and Install In a timely manner. Buyer may, by written notice received by Seller not more than 7 days Seiler's acceptance hereon. delay the delivery and installation for up to 120 days. In no event will Seiler be liable for any damage or consequential damages resulting from any delay In delivery or installation of the UnlL IMPORTANT: ON ANY ORDER S13.000 AND HIGHER. IT IS AT THE SOLE DISCRETION OF OUR MANUFACTURING PARTNER TO COLLECT 50% OF THE COD BALANCE PRIOR TO DELIVERY. Wirtar. Waathar. Orders placed between October First and March dirty -first strictly adhere to ruse terns: If a building is ordered after September. Powerbllt Steel Buildups INC 220 Day delivery wIn low does not apply. The 120 Day delivery window only applies from the first day of April through the fast day of September. If a building Is ordered during the months o1 October trough the end of March, The buyer understands and agrees that delivery times cannot be guaranteed during the time frames mentioned due to winter weather conditions. Refunds will not be Issued for buildings that cannot be delivered due to pow winter weather conditions, frozen ground, or unforeseen circumstances. in the event a scheduled delivery Is cancelled or re -scheduled due to winter weather conditions or frozen ground conditions, a new date will be supplied to you (w a future installation based on available tines and weather conditions permlting. Refund requests from October Through March we at the sole discretion of Powerbitt Steel Buildings INC and should be considered NON-REFUNDABLE. NOTE: ORDERS PLACED ON MOLD BY THE BUYER ARE SUBJECT TO THE CURRENT PRICING AT THE TIME THE ORDER IS TAKEN OFF HOLD. Anchors All units are secured with anchors which pass through the base roll of the frame and Into the ground, concrete, asphalt, etc. As the base rail Is only affixed to the ground etc. with anchors. Buyer understands and agrees that he/she may experience water leakage underneath base rail. Cartttle"nicurtlffed Units All units sold are niencertNled uNess otherwise noted on purchase agreement 91 buyer is uncertain of the difference between certified and noncertifed units please contact sales representative and they will explain the differences and berehts. All Snow loads stated are a ground snow load. Change Orden. No change in the Unit or its specifications is binding on Seller unless requested by Buyers written change order and approved In writing by Seller. Arty change requested by Buyer constitutes the Buyers consent to resulting changes in the Price. . Limited -Warranty, As to all Units. Seger warrants that its installation of the Unit will be free of defects In workmanship, but Buyer must notify Setter of any such defect within thirty (30) days after Installation, As to 2-2-gouge UNs and 12-gauge Certified units only, which may contain some 14 -Gauge non-loadbeadrq elements. Seller wanents the framing elements and roofing motertal only against rust -through for twenty (20) years from Installation, assuming normal user care and maintenance As to 12-gauge Certified Units only, Seller warrants that, for twenty (20) years from installation, assuming normal user care and maintenance. the Unit will withstand the wind and snow toads specified on the engtnear-cettiflad drawing of the Unit furnished at the tlmo of installation. Any alteration or Abuse of the unit shall va'd all such limited warranties. SELLER'S LLABIUTY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT. AT SELLER'S OPTION, OF THE UNIT. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY. Payment Terms 6 Miscellaneous. Buyer agrees to pay the Price. Including any increase for any Change Order. in full at the time of Installation. If any payment tendered by Buyer Is dishonored for any mason. Buyer agrees that the balance due shall thereafter bear Interest at one and one-half percent (1.5%) per month. it Seller refers collection hereunder to an attorney. Buyer agrees to pay Sellers reasonable attorney fees and expenses. This Agreement Is govemed by the laws of Virginia. No civil action or other legal proceeding arising under ells Agreement or related the Unit shall be brought against Seiler other than In a court of general Jurisdiction In the State of VA or more than one (2) year after Buyer knew or should have known of the bails of the legal claim The term 'Buyer' includes persons named as such an the face hereof, their heirs. successors and assigns, and shall Include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer -certified drawing of the Unit, if such drawing Is furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein arid superseded hereby. Upon acceptance hereof, this order and such acceptance shell have been deemed to be a contract embodying all oral and written understandings and agreements between the Buyer and the Seller relative to this sale. This Purchase Order upon acceptance by the Seller, shall be binding and may not be rescinded by the Buyer for any reason. The deposit received herein by Seiler shall be held by Seller as security for the completion of the contract Upon receipt of the balance of the purchase price. the sold deposit shall be applied to the purchase price herein. Should the Buyer breach or unilaterally rescind or cancel this contacL the deposit herein shall be forfeited to the Seiler and applied toward the claim for damages The Seiler &full not be bound by any condition, definition: representation or warranty ether than as expressly set forth herein or Incorporated therein by express applicable sate legiStatlon The contract stall be incorporated in accordance with the taws of the Commonwealth of Virginia and presumed to have been consummated in Virginia. inasmuch as It has been herein above agreed that the delivery hereunder is at the Sellers place of business In Virginia. It is further agreed that in the event of litigation instituted by any party, the venue shall be In the City of Virginia Beach, Virginia. inasmuch as the contract was consummated in Virginia Beach, Virgiria regardless of the contract of either party In said county. Buyer hereby waives any objectlon It may have to the laying of venue In such court. Perks: It shall be the sole responsibility of the Buyer to Investigate and ascertain the applicable zoning and building codas in the area or territory In which the building is to be erected In order to satisfy himself that the building cnnfnrms to all applicable :zoning taws, rules, regulations, ordinances and building codas In said area In the event that the Buyer fails to comply with such rordng laws, rules, regulations, ordinances and building codes In the said area In erecting the bhriudirg, the Seller shall not be Liable for any damages at losses of any nature of kind, whether direct or Indirect. sustained by such failure. At time of Irsagation, Should the site be determined obstructed or Inaccessible due to Permcinent w temporary structures. Buyer will poy any and ail consequential carriages. Including but not limited to return trip fees prior to reinstallation. Buyer agrees to pay mlimum of $250.00 return trip for unsuitable site conditions - 1. Electrtxlc Signature Agreement. By selecting the 'Submit' button. you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting Submh' you consent to be legally bound by this Agreemenrs terms and conditions You further agree that your use of a key pod. mouse or other device to select an Item. button. Icon of similar actlaction. or to of twice provide Powerbilt Steel Buildings Eric. or In accessing or making any transaction regarding any agreement. ackno wledgemenL consent terms. disclosures or conditions corstltutes your signature (hereafter refered to as -E.S4nature'9, acceptance and agreement as It actually Signed by you In writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any sway affect the enforceability of your E-Signature or any resulting contract between you and Powerbilt Steel Buildings INC. You also represent that you are authorized to enter Into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Slgrature 45 of 223 in signing :his corm by Powerbilt Steel Buildings In constitutes your agreement to oe bound by the terms and conditions of the this agreement as they exist on the date of your E-Signature Charge Card Authorizatton By Digitally Signing, providing a written signature, or any other form of acceptance to this agreement Presentea. I hereby authorize Powerbilt Steel Buildings and Its direct subsidiaries to Initiate an Immediate Single -Entry credit card charge in the anmount disclosed. I understand that this deposit Is (or order entry and to begin prucessing drawings and that the fee charged is NON-REFUNDABLE. Payments By Check Or Other Payment Types This is an agreement for direct payments by check or payment types not covered under the -Charge Card Authodzatlon' Section 1 understand that this deposit Is for order entry and to begin processing drawings and is NON-REFUNDABLE. I understand and authorize this charge to occur Immediately in the amount disclosed. Additional Terms Please irdorm IRstoltens of any underground cables. gas lines. or any other utility lines. It utilities are not marked. we will rot be liable for damage. We will not be responsible for permits or nestmirlorts. LOT MUST BE LEVEL N land is not level or additions are to be made to carport. a service Mange and any additional material costs will be added to the balance. POWERBr.T BUILDINGS WILL ABSOLUTELY NOT BE RESPONSIBLE FOR REFUNDS OF THE CUSTOMER'S DEPOSIT. POWERBILT BUILDtNGS IS NOT LIABLE FOR ANY DAMAGES AS A RESULT FROM INCLEMENT WEATHER. IF YOU ARE TAX EXEMPT. A TAX EXEMPT CERTIFICATE MUST BE ATTACHED TO YOUR ORIGINAL ORDER(S). OTHERWISE. APPLICABLE TAX WILL BE ADDED. NO EXCEPTIONS Our ground anchas are temporary only. For pennanenl anchors ask your Sales Representative. I have read the terms and conditions of this contract; by signing this contract. I agree to all conditions set forth herein and should I (ail to make payment in full at time of delivery I understand and agree to allow Powerbilt Buildings to pick up the carport and I will be liable for all applicable charges and fees associated with the Initial setup and delivery as well as any legal fees incurred by Powerbi)t Buildings. POWERBILT BUILDINGS RESERVES THE RIGHT TO CANCEL ANY ORDERS. NOTE: Frame is T h. shorter than roof length on rwizontal metal. Vertical buildings have no overhang and are I ft shorter than horizontal. NOTE: if you teed a special drawing for your bulking there will be a Non -Refundable additional charge. NOTE: There is no refund on deposits on cancelled orders. if accepted below by Powerbift Buildings (Seller) at its office in Virginia Beach VA this order becomes a contract between Seller and the Buyer named below as follows: subject to the terms above and SUBJECT TO THE TERMS AND CONDM0NS listed here Seiler and Buyer agree that the Seller will sell to Buyer the metal building (Unit) described above and install it at the address stated above arid the Buyer win obtain all required cernits. Prepare the she for irmstallation purchase the Unit and pay the price as stated above. If accepted below by Powerbilt Buildings (Seller) at its office in Virginia Beach VA this order becomes a contact between Seller and the Buyer named below as follows: subject to the terms above and SUBJECT TO THE TERMS AND CONDITIONS ON PAGE 2. Seller and Buyer agree that the Seiler will sell to Buyer the metat building (Unit) described above and Install it at the address stated above and the Buyer will obtain all required permits, prepare the site for installation, purchase the Unit and pay the price as stated above. I also agree that these conditions can charge at any time without notice and at Powerbilt Steel Buildings discretion If accepted below by Powerbilt Buildings (Seller) at its oftace in Virginia Beach VA this order becomes a contract between Seiler and " Buyer named below as follows: subject to the terms above and SUBJECT TO THE TERMS AND CONDITIONS listed hers. Seiler and Buyer agree that the Seller will sell to Buyer the metal building (Unit) described above and Install It at the address stated above and the Buyer will obtain all required pemdts. prepare the site for installation, purchase the Unit and pay the price as stated above. If accepted below by Powerbilt Buildings (Seller) at its office In Virginia Beach VA this order becomes a contract between Seller and the Buyer named below as follows: subject to the terms above and SUBJECT 70 THE TERMS AND CONDITIONS ON PAGE 2. Seller and Buyer agree that the Seller writ sell to Burger the metal building (Unit) described above and install it at the address stated above and the Buyer will obtain ab required permits. prepare Vie sne (Or installation. pdrehaSe the Unit and pay the price as stated above. I also agree that these conditions can change at any time without notice and at Powerbilt Steel Buildings discretion. By Digitally Signing or Providing a Signature below you are stating . 'I HAVE READ AND AGREED TO ALI TERMS AND CONDITIONS STATED ABOVE AS RELATING TO THE PURCHASE Of SAID STRUCTURE FROM POWERBILT STEEL BUILDINGS. INC.' 46 of 223 Cal d tJ Exp Date! Deposit Amount;$2,000.00 Invoice 0i Email bmcnally@dtyofsebastion.org CUSTOMER NAME: Brian McNally ow Z!!ftk_ CHCV1 CE METRL BUILDINGS DATE: 11/2/2023 MFG: CCI BILLING ADDRESS: CITY: Sebastion STATE: FL ZIP: 32958 INSTALLATION ADDRESS: CITY: Sebastion STATE: FL ZIP: 32958 PHONE NUMBERS: 772-321-0382 COUNTY: Indian river TAX: 0.00% UNIT SIZE WIDTH: 20 LENGTH:' 30 HEIGHT: 12 GAUGE: ! 14 I All Orders C.O.D. $ 3,595.00 I COLORS TOP: TRIM: SIDES: ENDS: DESCRIPTION CARPORT:, GARAGE:' BARN: XXXXXX OTHER: I 15,52$.2$ CERTIFIED ADDER XXXX FL Certified 150 LEG HEIGHT 12ft leg height I $ 710.00] EXTRA BRACING 2 I I 4 1 X= l I I -lra 0.00 "J"TRIM I 12) CLOSE BOTH SIDES:Specify: 30' drop panFlS Is 310.00 I (both END (S) CLOSED Specify: ends closed horizontal I $ 2,eoo.00 WINDOW(S) Specify: I I Is,bm„i SERVICE DOOR(S) Specify: I Ili GARAGE DOOR(S)lSpecify: ;1(10x10) roll up door -2) 8x8 on lean tas I $ 2,650.00 17.00% SIDE FRAMEOUT(S)I IcowaP,,,,,,,,,., EXTRA PANELS( 5 2,639.29 OTHER (SPECIFY)( 2) 12 u 30lean tos I $ 4,295.00 OTHER (SPECIFY) 8ftlegs $ 275.00 OTHER (SPECIFY)( both sides closed -horizontal $ 930.00 i OTHER(SpFaFy)I both ends closed -horizontal $ 2,400.00 I OTHER (SPECIFY) Carolina connection fee $ 300.00 OTHER (SPECIFY) OTHER (SPECIFY) IS% Mfg discount $ (2,739.75)Ime1o1, . OTHER (SPECIFY)( Indian River county require site apecific plans (913.25) OTHER (SPECIFY)( Price includes delivery and Installation I $ 12,885.96 NOTE: FRAME 1 FOOT SHORTER THAN ROOF I FNCTH ON 12'- 30WIDE UNITS F;noc S^tE (REGULAR BOXEDEAVE VERTICALROOF loot 1N S I ALLATION TYPE CEMENT XXXX GROUND' ASPHALT) dc •x, IRI srF•:.�.e- UGHN COx :'��t•.tc; AVAIIABtE UNCERTIFIEDI L>:R71F1E01 root NOTES: I 47 of 223 TAMDA SHEDS Customer Order - Now Z 2023 Name CITY Of SEBASTIAN MCNALLY BMCNALLY@CITYOFSEBASTIAN.ORG Order rr Billing Address City State Install Address City State FL Email Phone# 772-321-0382 Style: Carolina Bam Roof Roof Overhang. 6' j Trim: Roof Style: Vertical Style ' ; Gable End Wall Gauge: 12-Gauge Framing ; 46' 12'/10' Side Wall Leg Style: _48' X X Standard I Width Length Leg Height - Brace: Standard Brace Perspecrve View Right Side t Front Back Tampa Carports: 813-626.6289 Dover:813-659-0141 Mulberry: 863-425-0429 Port C- 941-629-1024 carports@tampasheds.com Zip Code Zip Code 33578 Mobile 9 Sahara Tan 0 Installation Surface: Concrete Sahara Tan Installation Surface (Provided by Customer) Sahara Tan EjPower Available (Within 100' of L - Installation Site) Sahara Tan 11 - Site Ready (Concrete/Asphalt Already ❑ Cured - Ground Level) Jobsite Level (At most 3'-4') ❑ Engineer Certified: Upgrade: 180MPH / 12ga j Left Side 48 of 223 !Strucblse DetalIs "Style: Carolina Barn 1 Base Price: 24x46' 1 Installation Surface: Concrete Roof: Sahara Tan Trim: Sahara Tan I Side Wall: Sahara Tan t Gable End Null: Sahara Tan 1 Garage Door: White 1 Roof Style: Vertical Style 1 Roof Pitch: 3 / 12 1 Roof Overhang: 6' 1 'Trusses: Standard ;1 :Gauge: 12•Gau9e Framing j t ;Brace: Standard Brace 1 ;Engineer Certified. Upgrade: 180MPH / 12ga 1 "Leg Height: 12' 1 !Front End: Fully Enclosed 1 Front End Siding: Horizontal 1 Back End: Fully Enclosed 1 Back End Siding: Horizontal 1 ,Connection Fee End to End 1 Right/Left Lean Base Price: 12'x46' 2 Ri9ht/Left Lean Type: Lean only :2 AightAeft Lean !Roof Pitch: 2 / 12 2 Right/Left Lean iGauge: 12-Gauge Framing � 2 Right/Left Lean Brace: Standard Brace 2 Right/Left Lean ;Engineer Certified: Upgrade:180MPH / 12ga 2 Right/Left Lean jLeg Height: 10' 2 Leh Lean Left Side: Fully Enclosed 1 Left Lean 1 Left Side Siding: Horizontal 1 Right/Left Lean Front End: Fully Unclosed 2 Right/Left Lean Front End Siding: Horizontal 2 Right/Left Lean Back End: Fully Enclosed 2 Ri9ht/Left Lean Back End Siding: Horizontal 2 Right/Left Lean 'Connection Fee End to End 2 Right/Left Lean Connection Fee Side to Side 46' L 2 i Right Lean Right Side: Fully Enclosed 1 Right Lean Right Side Siding: Horizontal 1 (Roll Doors & Ramps 10'x10' Hlgh Impact Garage Door :1 Right/Left Lean 18 x8 High Impact Garage Door 2 Additions and Adjusttnertts ;PRINTS 1 U6.2(ikV, „JCLUDE PERMIT. GOVERMENT FEES Additional Fees $9,490.01 $360,00 $850.00 $1,005.00 $1,790.00 $1.790.00 $150.00 $6,490.00 $720.00 S850.00 $665.00 5840.00 $1,435.00 $1.435.00 $300.00 $450.00 $840.00 $1,920.00 $3,200.00 ,Double Anchoring Included with Certified Buildings 1 - Subtotal:. Estimated Sales Tax:" $2.595.00 Total Order Amount:; S37,195.01 (Deposit + Permit fees (if required) are non refundable) Deposit Required to Order': $6,920.00 Final Balance Due at Installation:' S30,275.01 Customer Signature: Date: Delivery Date (may vary depending on weather): Delivery Notes: 49 of 223 "?I FLOOR PLAN TAMPA SHEDS LEFT SIDE 2' 8 D21! 12' 2 N Z 10' D1 1 24' 45 co O D � n C2 = IT 45 RIGHT SIDE SYMBOL LEGEND (Measurements may vary slightly In the finished product) 50 of 223 ono SEBASTIAN (IMIIMMI�1 (III �t1 H 1/11 /:11 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Alcohol Beverage Approval - S. Reichert Recommendation: Approve alcoholic beverages for the Reichert Family Celebration of Life event at the Sebastian Community Center. Background: Sheri Reichert is seeking Council approval to serve alcoholic beverages at the Sebastian Community Center on Sunday, August 4th, 2024 from 1:OOpm to 6:OOpm. Staff has verified applicant's date of birth. They are expecting 49 attendees. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: /V//+ City Attorney Review: AIJA Procurement Division Review, ifapplicable: IVA City Manager Authorization: Date: 7/3l da 4 51 of 223 Oil Of SEBASn 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: & - 2 /,— r),O 7 Sher L . R�Che r- t Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 13 a 15 pJ . l n ; /a,vt IQ i ve--r 1) C. ,;1 airkU2 . Physical Address Mailing Address (if different) 526a5-ha41L_ FL 3295V (772 ) q / 3- City State Zip Phone i!'e I b r'rJ� cm nF L.; ee Reason for Rental - Type of Function E-Mail Address J (,un kno w M a t .-h i5-i-,',-Y, c—% R Anticipated Number of Attendees (Must be less than a maximum of 50) 8-11-0004 Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? f C O5e I1 4, 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? II yes, please provide govt. issued ID proof of age I n n-1 Co p m Time: Fkom To I e Vail + Q- s P m <CrYI 2 a r.C.t Yn o Oq/oS/G7 Dale of Birth Verified by S�2r i L . tZ�PA G%le,- t. file undersigned, acknowledge that I am the applicant or authorized agent of the: above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if file 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 pan or full, of the security deposit. / ^ ` Signature of Applicant 52 of 223 CITY OF SEBASTi�,h? LEISURE SERVICES RECEIPT Name �cd Cher ��►—� J Cash Date 4/.-;ZG /z0z4- -- _ _ _j Check Gcn�ti- ��r Credit _ (6tp0`a,rt Amount Paid 001001 208001 Sales Tax 10.,20 00100-1 220000 Security Deposit Z50. 00 001501 362100 Taxable Ren; �! D . op 001501 362150 Non -Taxable Rent 001501 342100 Police Secu►ity Services 001501 366150 Brick Pavers 00.150-1 366000 Memorial Benches 001501 3694100 Reimbursement Services f Lje �Vn y rq hAlect- E3 911-24 Total Paid 00 Initials While - Dept. of Origin Yello::, - Admen Svc-,. • Pink -Applicant 53 of 223 SEBASTIAN <IMIIMMI�1 <111\I�IIOM HI/ lau CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Alcohol Beverage Approval - L.Robinson Recommendation: Approve alcoholic beverages for the Robinson Family Bridal Shower at the Sebastian Community Center. Background: Linda Robinson is seeking Council approval to serve alcoholic beverages at the Sebastian Community Center on Saturday, August 31st, 2024 from 11:00am to 3:00pm. Staff has verified applicant's date of birth. They are expecting 30 attendees. If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NlR' City Attorney Review: IVJ/4 Procurement Division Review, if applicable: IV/A- City Manager Authorization: Date: % 54 of 223 an 4Y SEBASTtA1V 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 ernergency purposes ONLY, please dial 772.473.0454 TodaY 's Date: r Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physic 1 Address city State Reason for Rental — Type of Function g1 s it 't ,3 rp Mailing Address (if different) ('?72-) Q/-:3-0-.3 �33 Zip Phone E-Mail Address Anticipated Number of Attendees (Must be less than a maximum of 50) -Vs/ /Z 4- RequestedbateI Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? /U D 3) Will alcoholic beverages be served? e_!:!�> If yes, please provide govt. issued ID proof of age Date ISf B'(th , Verified by I r �1i� >��//lax !�� the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility wjl esult in forfeiture, in part or full, of the security deposit. S)gn9ture of Applicant 55 of 223 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2837 Name In� QB �1 orJ Date 0ofirri0nI Cr- r)tek L3,1c'S ko to e-) /,u 5u:5 -t 31 , -j-0A 001001 208001 Sales Tax Cash Check # A Credit 0-06cA^+• -3 fO'Mmount Paid 9,00 001001 220000 Security Deposit 2S0 • 0 0 001501 362100 Taxable Rent f 00 - 00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Beaches 001501 369400 Reimbursement Services c k v p a-, ke-y -tr-f ry)vn OnJitp- ClAte-Y" -fvvm �I 24q O r 8130 rn cc, `� o�,-� ►�e-f-��d �, � �r Vic. _ _. �p Initia s m Total Paid 55;q White - Dept. of Origin • Yellow - Admin. Svcs • Pink - Applicant 56 of223 SEBASTIAN cI NIINNI�1 t1II11t�110N 1111 lCl/ CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Alcohol Beverage Approval - C. Hale Recommendation: Approve alcoholic beverages for the Hale Family Baby Shower at the Sebastian Yacht Club. Background: Coleen (Coco) Hale is seeking Council approval to serve alcoholic beverages at the Sebastian Yacht Club on Saturday, September 7th, 2024 from 11:00am to 3:00pm. Staff has verified applicant's date of birth. They are expecting 30-40 attendees. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: N/R' City Attorney Review: /V# Procurement Division Review, if applicable: /yA City Manager Authorization: Al Date: 57 of 223 an Or SEAST; ! N 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 dial 772.473.0454' Today's Date: (, " � I y 1 Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address (if different) z-)A,c&n L ZO2-) %99--55`5 City State Zip Phone n G ` 1r1=' W e-w- � \.f - 6- �C�iGt (L- Reason for RentaIL Type of Function E-Mail Addr, ss Anticipated Number of Attendees (Must be less than a maximum of 50) Requested Date 1 _ Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? I) O _ 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Date of Birth Verified by I, 6C) e e_(j t.1O� , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. t Signature of Applicant ' 58 of 223 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2833 Name lecn HcJc Date � Lz4 1;,,4 XaJo 5 1101AJ41e 1101- 917 fib- � I! o oa..�. 001001 208001 Sales Tax 00 100 1 220000 Security Deposit 001501 362100 Taxable Rent 001501 362-150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Cash Check #' Credit Pick VP -\j(ach+ (2 ob r" 9S or9�(P �-+vvn-tko- key by q/1t) �as rt, l•y �+nc4 w�u vr�a�ed� 9 11-3 /�T Initials Amount Paid 5-Z5- IJS-00 Total Paid43 o� White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 59 of223 .. gin. SEBASTIAN (1 MIIMMI�I <1ll �II�IIOM 11t1 lOt1 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 AL,enda Item Title: Annual report for the Parks and Recreation Advisory Board Recommendation: Accept report from the Parks and Recreation Advisory Board Background: The Parks and Recreation Advisory Board would like to present the accomplishments of the Board over the past year. Those accomplishments include: Creative Playground design selection and installation Pickleball availability and needs analysis and discussions Filbert Street Park improvements Harbor Lights Park planning discussions Swing and Bench Park planning discussions Bryant Court Park improvements Park memorial and beautification program design and review Volunteer of the Year program design and review Bike and pedestrian signage replacement project Riverview Park master planning The Advisory Board Chair will provide a brief presentation. If Agenda Item Requires Exaenditure 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: N14 City Attorney Review: AIJ,4 Procurement Division Review, if applicable: NJf+' City Manager Authorization: Date: 7/J �a vay 60 of 223 SEBASTIAN (1011001 A: (It1��A1100 III !�!1 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Ordinance 0-24-13 — First Reading and Public Hearing - Request for Small Scale Comprehensive Plan Future Land Map Amendment — City of Sebastian —CG (Commercial General) to INST (Institutional) Recommendation: Approve Ordinance 0-24-13 on first reading, set date for second reading and public hearing for July 24th, 2024 Background: In September 2023, the City acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian's long-range plans. The land use amendment proposal is for Institutional (INST) which is compatible with the existing adjacent land use immediately to the west, which is also city -owned property. Small scale amendments are defined by Florida Statutes to be 50 acres or fewer and limited to FLUM changes for site -specific small-scale development activities only. The State Land Planning Agency does not require a review; however, the amendment does not become effective until 31 days after adoption by the local government. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 20th, 2024 regular meeting to consider the proposed Future Land Use Map amendment and recommended, by a vote of 7-1, that the City Council grant the requested land use change. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-13 2. FLUM Staff Report 3. Development Review Application — City Parcel 4. Schumann Road Indian River, LLC to City of Sebastian Deed 5. Existing and Proposed Zoning and FLU Exhibits Administrative Services Department Review: City Attorney Review: Procurement Divisiot eview, if applicable: Nl't City Manager Authorization: Date: 7% ) / a `' a Y 6i uf223 ORDINANCE NO.O-24-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF INST (INSTITUTIONAL) FOR LAND WITH A CURRENT LAND USE DESIGNATION OF CG (COMMERCIAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on June 20, 2024 of the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan; and WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A " Property Warranty Deed Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Institutional (INST) in accordance with the requirements of Florida law. See attached Exhibit "B " Future Land Use Map Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and 62 of 223 it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 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. Pursuant to Fla. Stat. 163.3187(5)(c), this Ordinance shall take effect thirty-one (31) days from the date of adoption. Section 7. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the day of , 2024, and adopted on second/final reading at a regular meeting of the City Council on the day of , 2024. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of , 2024, 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 Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ATTEST: Jeanette Williams, MMC City Clerk 63 of 223 ADOPTION 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 this day of , 2024. CITY OF SEBASTIAN, FLORIDA S7 ATTEST: Ed Dodd, Mayor Approved as to form and legality for Jeanette Williams, MMC Reliance by the City of Sebastian only: City Clerk Jennifer Cockcroft, Esq., City Attorney This ordinance is effective the day of , 2024, in accordance with the date prescribed by Florida Statutes, 163.3187(5)(c). 64 of 223 MCF SEe,�►s�N HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency June 20, 2024 City Council — 111 Reading of Ordinance 0-24-13 Comprehensive Plan Future Land Use Map Amendment for a Specific Site City Park Property 1. Proiect Name: 2. Proiect Applicant: 3. Requested Action City of Sebastian — 630 Schumann Drive City of Sebastian Change in Future Land Use from General Commercial (CG) to Institutional (INST) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31, Range 39 Subject Parcel is 0.06 Acres, More or Less Parcel # 31391700002406000007.1 Legals: (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. Proiect Description: In September 2023, the City acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The land use amendment proposal is for Institutional (INST) which is compatible with the existing adjacent land use immediately to the west, which is also city owned property. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 6. Site Data Site Characteristics (1) Total Acreage: (2) Current Land Use(s) (3) Current Zoning: 0.06 acres Commercial General (CG) Commercial General (CG) 65 of 223 b. Adiacent Properties Zoninq Existina Use Future Land Use North CG Commercial CG East CG Vacant Commercial CG West PS Park INST South RS-10 Residential Residential 7. Comprehensive Plan Consistencv a. Chanaed Conditions: The proposed change of land use is consistent with the current adjacent land uses. b. Land Use Compatibility: The Institutional (INST) land uses are established to implement policies and performance standards for uses which are compatible with the City of Sebastian current and future land use along this corridor. Policv 1-1.3.8: Institutional Land Use Designation (1NST).The Institution all and use designation is intended to accommodate existing public and semi-public services including: governmental administration buildings, places of worship, cultural or civic centers, and other similar public or private not -for -profit uses, public schools and not -for -profit educational institutions; hospital facilities and supportive health care units, arts and cultural or civic facilities, essential public services and facilities, cemeteries; fire and emergency operation facilities; public and private parks and recreation areas; utilities, extensive open areas comprising major committed public and semi-public open spaces, including the Municipal Golf Course and Sebastian Municipal Airport, and other similar activities. The maxim intensity of this designation is 0.6. The location, scale, timing, and design of necessary public and semi- public services and utilities shall be closely coordinated with development activities in order to promote more effective and efcient delivery of requisite services and utilities. The City shall maintain and enforce appropriate standards and specifications for the design and construction of public and semi-public services in order to promote cost effectiveness and quality control consistent with all applicable federal, state, regional, and local standards. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed land use have been provided. e. Natural Environment: The parcel will remain as a passive park space. f. Economic Effect: No adverse economic effects will occur by this change in land use. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. K 66 of 223 8. Conclusion: The requested land use change from CG to INST is consistent with the Future Land Use Map, and as such, staff and the LPA recommend approval of the requested amendment. Michelle Faulkner PREPARED BY 6/11 /2024 DATE 3 67 of 223 amrOF SEBA"" HOME OF PEUCAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org D Comp Plan Land Use Amendment D Comp Plan Text Amendment (Large Scale) D Land Development Code Text Amendment Ilk Comp Plan Land Use Amendment Ir Rezoning (Small Scale) ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002000200000.0 1 Existing Address of Site: 630 Schumann Drive Proposed Address of Site: Proposed Use: Institutional Land Use: Institutional Zoning: PS Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: tampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: City of Sebastian F Address: 1225 Main Street, Sebastian, Florida 32958 ITelephone: 772-388-8228 Email: LFrazier@CityotSebastian.org Date Received: Fee Paid: Received by FORM B 68 of 223 Surveyor: Address: Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel to be conveyed from the City to be consistent with, and become a part of, the existing adjacent property owned by Schumann Road Indian River. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing t ' ape of work will be complied i , whether specified herein or not. The granting of approval does not presume o gi% authority to violate or cane t rovisions of any other state or local law regulating construction or the perfo in o ' ons uctio . �d Timoth% F. Campbell July 12, 2023 Print name Signature Date Notar- : STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F_ Campbell who is __X_ personally known to me or has _ produced identification. Type of identification produced - [SEAL] Notary Public My Commission Expires: MICHELLE B. ELIASEH _ : . Corr►mis" # HH 342744 E"W F etxttary 4, Z027 FORM B 69 of 223 1LVL4UV000VV KLI VKLL' L ill 111L' KL %-VK1/J ur KTA1V L. 13U 1 LL' K, 1uur K11 VP l,1K1,U11 I,VUKl 11-4U1A1-4 K1vL' K %-v rL IK: 3671 PG: 970,1/4/2024 12:27 PM D DOCTAX PD $0.70 This Instrument Prepared By. Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tampbell a clarkcamrbell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this I t0l"' day of November, 2023, between SCERJMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantor") and the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of parcel ID Numbers: 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 1 70 of 223 Signed, sealed and delivered in our presence: ess Priit Name: '3U%ft �W12SW i 1 Print Name: STATE OF FLORMA COUNTY OF COLLIER SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company 1 By: 1' awrence t Maxwell, is Manager The foregoing instrument was acknowledged before me by means of M physical presence or ( ) online notarization, this A day of November, 2023, by Lawrence T. Maxwell, as Manager of Schumann Road Indian River, LLC, a Florida limited liability company, behalf of the comp an , ( ) who is personally known to me or ( has produced Ek (� as identification. (NOTARY SEAL) ' f INAWNNVAD DOW NM Mk SUN d FOW teaaaWo t HN 055 6 CML Dom Oct Ia. MT th" Bank Motarlt Aw. i Special Warranty Deed ic Print Name: �G My Commission Expires: Page 2 71 of 223 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE AND RUN N25°28'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69042'41 "E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN S25°28'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF N62026'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE OR LESS Special Warranty Deed Page 3 72 of 223 SEBASTIAN 11111100111 11116RA110M 1 t11 1Q11 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Ordinance 0-24-14 — First Reading and Public Hearing - Request for Rezoning — City of Sebastian — CG (Commercial General) to PS (Public Service) Recommendation: Approve Ordinance 0-24-14 on first reading, set date for second reading and public hearing for July 24th, 2024 Background: In September 2023, the city acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian's long-range plans. The property's zoning amendment proposal is for Public Service (PS) which is compatible with the existing adjacent zoning immediately to the west, which is also city -owned property. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 20th, 2024 regular meeting to consider the proposed Rezoning and recommended, by a vote of 7-1, that the City Council grant the requested rezoning change. If Agenda Item Reauires Exaenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-14 2. Rezone Staff Report — City Parcel 3. Development Review Application — City Parcel 4. Existing and Proposed Zoning and FLU Exhibits 5. Schumann Road Indian River, LLC to City of Sebastian Deed Administrative Services Department Review: City Attorney Review: " blllllu� Procurement Division Review, if applicable: N I4- City Manager Authorization: k AV Date: 7%3/ao-� Y 76 of 223 ORDINANCE NO.O-24-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF PS (PUBLIC SERVICE) TO LAND WITH A CURRENT ZONING DESIGNATION OF CG (COMMERCIAL GENERAL) FOR PROPERTY CONSISTING OF 0.06 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Sebastian, owner of the subject property, has filed a petition for an amendment to the Zoning Ordinance; and WHEREAS, the current zoning classification on the property is CG (Commercial General) and the requested change is to rezone to PS (Public Service); and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed rezoning is compatible with the adjacent area. B. The proposed rezoning is consistent with the goals, objectives and other elements of the Comprehensive Plan. C. The proposed rezoning is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. D. Adequate public facilities and services exist in the City to serve the proposed rezoning and will not exceed the capacity for such services and facilities. E. The proposed change in zoning will not result in any adverse impacts on the natural environment. F. The proposed change in zoning will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. G. The proposed change in zoning will result in an orderly and local development pattern. H. The proposed change in zoning is not in conflict with the public interest of the citizens of the City of Sebastian. 77 of 223 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. PROPERTY. The change in zoning classification created by the adoption of this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See Attachment "A " Warranty Deed SECTION 2. REZONING. The real property described in Attachment "A" is hereby given a City zoning designation of PS (Public Service). SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in Attachment "A" and reflect its designated zoning district as PS (Public Service) in accordance with the requirements of Florida law. See Attachment "B " Zoning Map SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect after 2"d reading. SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the day of , 2024 and adopted on second/final reading at a regular meeting of the City Council on the day of , 2024. 2 78 of 223 PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of , 2024, 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 Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ATTEST: Jeanette Williams, MMC City Clerk ADOPTION 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 this day of , 2024. CITY OF SEBASTIAN, FLORIDA 0 ATTEST: Ed Dodd, Mayor Approved as to form and legality for Jeanette Williams, MMC Reliance by the City of Sebastian only: City Clerk Jennifer Cockcroft, Esq., City Attorney 3 79 of 223 1 2 Lin L''r S HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission June 20, 2024 City Council — 1S' Readinq of Ordinance 0-24-14 Land Development Code Rezoning Amendment for a Specific Site City Park Property Proiect Name: Proiect Applicant: City of Sebastian — 630 Schumann Drive City of Sebastian 3. Requested Action: Change in Zoning from Commercial General (CG) to Public Service (PS) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31 South, Range 39 Subject Parcel is 0.06 Acres, More or Less Parcel # 31390700002406000007.1 (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. Proiect Description: In September 2023, the city acquired the subject property through voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.06 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The properties zoning amendment proposal is for Public Service (PS) which is compatible with the existing adjacent zoning immediately to the west, which is also city owned property. 6. Site Data a. Site Characteristics (1) Total Acreage: (2) Current Land Use(s) (3) Current Zoninq.: b. Adiacent Properties 0.06 acres Commercial General (CG) Commercial General (CG) Zoning Existinq Use North CG Commercial East CG Vacant Commercial West PS Park South RS-10 Residential Future Land Use CG CG INST Residential 80 of 223 7. Comurehensive Plan Consistencv a. Changed Conditions: The proposed change of zoning, public service, is consistent with the current adjacent zoning. b. Land Use Compatibility: The Public Service District Sec. 54-2-5.8 zoning is established to implement policies and performance standards for institutional uses which are compatible with the City of Sebastian's current and future zoning. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeouate Public Facilities: Public facilities requirements for this proposed land use have been provided. e. Natural Environment: The parcel will remain as a passive park space. f. Economic Effect: No adverse economic effects will occur by this change in land use. g. Orderly Development: The proposed rezoning is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 8. Conclusion: The requested rezoning from Commercial General (CG) to Public Service (PS) is consistent with the Zoning Map, and as such, staff and the PZ Commission recommend approval of the rezoning request. Michelle Faulkner PREPARED BY 6/11 /2024 DATE 2 81 of 223 C"YOF SESASTL HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET . SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org 0 Comp Plan Land Use Amendment 0 Comp Plan Text Amendment (Large scale) 0 Land Development Code Text Amendment • Comp Plan Land Use Amendment III Rezoning (Small Scale) ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002000200000.0 Existing Address of Site: 630 Schumann Drive Proposed Address of Site: Proposed Use: Institutional Land Use: Institutional Zoning: PS Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: tampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: City of Sebastian Address: 1225 Main Street, Sebastian, Florida 32958 Telephone: 772-388-8228 Email: LFrazier@CityofSebastian.org Date Received: Fee Paid: Received by FORM B 82 of 223 Surveyor: Address: Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel to be conveyed from the City to be consistent with, and become apart of, the existing adjacent property owned by Schumann Road Indian River. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing t ape of work will be complied i )whether specified herein or not. The granting of approval does not presume o gi% - authorit\ to violate or cane t rovisions of any other state or local law regulating construction or the perfo ima o cons uctio . Timoth\ F. Campbell - ___ July 12.2023 Print name Signature _./ Date Notary: STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. Campbell who is personally known to me or has _ produced identification. Type of identification produce i * tb [SEAL] Notary 'ublic My Commission Expires: MICHELLE S. ELIASEN cornM138W # HH 342744 EVIM Y 4, 2027 FORM B 83 of 223 1LVL4UVUVOVU KLl VKLL' L 11V 1 n KL' I,VKl1J Vr K Y Alr L. DU 1 LLB K, l LL' K11 VP I,LKI,Ul l l.V UKl 11,4L1A1-4 K1 V r K %-V PL IK: 3671 PG: 970,1/4/202412:27 PM D DOCTAX PD $0.70 This Instrument Prepared By. Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, workman & Airth, P.A. 500 South Florida Avenue, Site 800 Lakeland, Florida 33801 tcamrl�ell .� clarkcxtmLbell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this `tday of November, 2023, between SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantor") and the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantee"). WIT'NESSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of parcel ID Numbers: 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 1 86 of 223 Signed, sealed and delivered in our presence: Ii ess Name: 3U%,, �hiesrs i Print Name:�� STATE OF FLORIDA COUNTY OF COLLIER SCHUMANN ROAD MIAN RIVER, LLC, a Florida limited liability company By: i awrence T. Maxwell, is Manager The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online notarization, this A day of November, 2023, by Lawrence T. Maxwell, as Manager of Schumann Road Indian River, LLC, a Florida limited liability company, behalf of the comp an , ( ) who is personally known to me or ( has produced Ej i_ as identification. (NOTARY SEAL) "PAk • S4se d FbIQa COMIWm # MN 455510 NVCfa�A Neqft0M Notary I►�n. Special Warranty Deed ublic r �_ Print Name: My Commission Expires: Page 2 87 of 223 1{,Atimx i "A» LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE AND RUN N25028'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69042'41 "E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN S25028'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF N62026'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE OR LESS Special Warranty Deed Page 3 SS of223 SEBASTIAN tl M11 MMl�l (Illff �IIOM 1�11 101/ CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Ordinance 0-24-15 — First Reading and Public Hearing - Request for Small Scale Comprehensive Plan Future Land Map Amendment — Schumann Road Indian River, LLC — INST (Institutional) to CG (Commercial General) Recommendation: Approve Ordinance 0-24-15 on first reading, set date for second reading and public hearing for July 24th, 2024 Background: In September 2023, Schumann Road Indian River, LLC acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long-range plans. The land use amendment proposal is for CG (Commercial General) which is compatible with the existing adjacent land use immediately to the west and south, which is also owned by Schumann Road Indian River, LLC. Small scale amendments are defined by Florida Statutes to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State Land Planning Agency does not require a review; however, the amendment does not become effective until 31 days after adoption by the local government. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 20th, 2024 regular meeting to consider the proposed Future Land Use Map amendment and recommended, by a vote of 7-1, that the City Council grant the requested land use change. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-15 2. FLUM Staff Report 3. Development Review Application — Schumann Parcel 4. City of Sebastian to Schumann Road Indian River, LLC Deed 5. Existing and Proposed Zoning and FLU Exhibits Administrative Services Department Review: V City Attorney Review: Procurement Division Revie�� w, if applicable: Afl f City Manager Authorization: /��` X1-Z--K Date: %/� o �y 90 of 223 ORDINANCE NO.O-24-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG (COMMERCIAL GENERAL) FOR LAND WITH A CURRENT LAND USE DESIGNATION OF INST (INSTITUTIONAL) FOR PROPERTY CONSISTING OF 0.07 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7;AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on June 20, 2024 of the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan. WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A " Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as General Commercial (CG) in accordance with the requirements of Florida law. See attached Exhibit "B " Future Land Use Map Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and 91 of 223 it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 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. Pursuant to Fla. Stat. 163.3187(5)(c), this Ordinance shall take effect thirty-one (31) days from the date of adoption. Section 7. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the day of , 2024, and adopted on second/final reading at a regular meeting of the City Council on the day of , 2024. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of , 2024, 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 Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ATTEST: Jeanette Williams, MMC City Clerk 92 of 223 ADOPTION 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 this day of , 2024. CITY OF SEBASTIAN, FLORIDA 0 ATTEST: Ed Dodd, Mayor Approved as to form and legality for Jeanette Williams, MMC Reliance by the City of Sebastian only: City Clerk Jennifer Cockcroft, Esq., City Attorney This ordinance is effective the day of , 2024, in accordance with the date prescribed by Florida Statutes, 163.3187(5)(c). 93 of 223 Lin L* HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency June 20, 2024 City Council — 111 Readinq of Ordinance 0-24-15 Comprehensive Plan Future Land Use Map Amendment for a Specific Site Schumann Road Commercial Project Name: Schumann Road Commercial — 600 Schumann Drive 2. Project Applicant: Schumann Road Indian River, LLC 500 South Florida Avenue, Suite 700 Lakeland, Florida 33801 Requested Action: Change in Future Land Use from Institutional (INST) to General Commercial (CG) (Exhibit A) 4. Project Location: Section 17, Township 31, Range 39 Subject Parcel is 0.07 Acres, More or Less Parcel # 31391700002000200000.1 Legals: (Exhibit B, Application, Warranty Deed with Legals, Before and After Aerials) Project Description: In September 2023, Schumann Road Indian River, LLC acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The land use amendment proposal is for CG (Commercial General) which is compatible with the existing adjacent land use immediately to the west and south, which is also owned by Schumann Road Indian River, LLC. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 94 of 223 6. 7. Site Data a. Site Characteristics (1) Total Acreaae: (2) Current Land Use(s):, (3) Current Zoninq: b. Adiacent Properties Zoning North East: (County) West: South: Comprehensive Plan Consistency 0.07 acres Institutional (INS) Public Service (PS) Existinq Use CG Commercial CL Assisted Living Facility PS Park CG Vacant Commercial Future Land Use CG C/I INST CG a. Chanaed Conditions: The proposed change of land use to a higher intensity of use, commercial, is consistent with the current surrounding land uses. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The CG (General Commercial) land uses are established to implement policies and performance standards for general commercial uses which are compatible with the City of Sebastian current and future land use along this corridor. Policv 1-1.3.3: General Commercial Development (CG). The purpose of the General Commercial land use designation is to accommodate general retail sales and services, highway oriented sales and services, and other general commercial activities defined in the LDC. General Commercial designations are located in highly accessible areas, adjacent to major arterials. The maximum intensity is 1.0 FAR. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed rezoning have can be provided. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. 2 95 of 223 8. f. Economic Effect: Since the property is no longer publicly owned, an additional 0.07 acres of commercial land area has been added to the tax base for the City of Sebastian. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. Conclusion: The requested land use change from Institutional to CG is consistent with the Future Land Use Map, and as such, staff and the LPA recommend approval of the requested amendment. Michelle Faulkner 6/11/2024 PREPARED BY DATE 3 96 of 223 OR1'OF SEBASTI HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityotsebastian.org ❑ Comp Plan Land Use Amendment =1 Comp Plan Text Amendment (Large Scale) I Land Development Code Text Amendment A Comp Plan Land Use Amendment ■ Rezoning (Small Scalc) ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002406000007.0 Existing Address of Site: 600 Schumann Drive Proposed Address of Site: Proposed Use: Commercial Land Use: General Commercial Zoning: Commercial General Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-533 7 Email: tampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Schumann Road Indian River, LI.0 Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 Telephone: 863-272-4615 Email: lawrencemaxwell@hotmail.com Date Received: Fee Paid: _ Received by: 10016RAIII-V 97 of 223 Fs urveyor: Address: Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel to be conveyed to the City to be consistent with the existing adjacent property owned by the City of which a portion of this parcel would become a park (a part of an existing City park). SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing th' t\ V of work will be complied w 1 whether specified herein or not. The granting of approval does not presume t,authority to vio to r can -el th rovisions of any other state or local law regulating construction or the perfor r angy of nst ction I Timoth\, F. Campbell ' _� _ July 12. 2023 Print name Signature Date Notarv: STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. C'ampb-0 who is X personally known to me or has _ produced identification. Type of identification produced: [SEAL] 1 v Not- ry Pt �lic ;•t'"'se . My Commission Expires: MICHELLE B. EUASEN _ X;� Vree February 434277 FORM B 98 of 223 1LUL4UU000UI inn KLI.VKLa VP KIA1V L. Du 1Lr.K, %-LrArk VP U1KL Ull I.VUKI 1114LlAn KlVrK I.V rJU iK: 3671 PG: 974,1/4/202412:27 PM D DOCTAX PD $0.70 This Instrument Prepared By: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tcamlibell u.clarkcaml bell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 27th day of September, 2023, between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCHUAIANN ROAD INDIAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantee"), WITNESSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of Parcel ID Number: 31391700002000200000.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. IT IS EXPRESSLY UNDERSTOOD and acknowledged by the GRANTOR and by the GRANTEE, by acceptance of this deed, that, in accordance with Section 270.11(3), Florida Statutes, the GRANTEE has petitioned the GRANTOR for the release of the undivided three -fourths interest in, and title in and to the undivided three -fourths interest in, all the phosphate, minerals, and metals that are ormaybe in, on or under the said land and the undivided one-half interest in all the petroleum that is or may be in, on or under the said land all as set forth in Section 270.11(1), Florida Statutes, and that the GRANTOR by this deed includes the conveyance of the GRANTOR'S interest in all phosphate, minerals, and metals that are or maybe in, on or under the said land and interest in all petroleum that is or maybe in or on or under the said land. Special Warranty Deed Page 1 99 of 223 Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN W MES S WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 2 100 of 223 Signed, sealed and delivered in our presence: ATTEST: Print Name: Jeanette Williams City Clerk Approved as to Form and Legal Sufficiency. 6 Print Name: Jennifer Cockcroft, Esq. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Print Name: Fred Janes Title: Mayor The foregoing instrument was acknowledged before me by means of (X) physical presence or ( ) online notarization, this �`jhday of September, 2023, by as vo,-` of the City of Sebastian, on behalf of the City, ()4 ) who is personally known to me or ( ) has produced as identification. (NOTARY SEAL) t CATHERINEVEM - Comesbn#8H WX1 E*wFdnmyjk225 �. GMWT=TrgF*1—ao�600fl TQfOi Special Warranty Deed Notary Publicsn Print Name: My Commission Expires: F bnu,,, u, Zoz� Page 3 101 of 223 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26036'30"E, ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26°36'30"E, FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF SAID PLAT; THENCE RUN N69042'41 "W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN N25°28'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A CHORD BEARING OF N00034'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 52004-28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE OR LESS. Special Warranty Deed Page 4 102 of 223 SEBASTIAN 1101,0011, tll/8t41100 191, 1:11 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 ALyenda Item Title: Ordinance 0-24-16 — First Reading and Public Hearing - Request for Rezoning Schumann Road Indian River, LLC — PS (Public Service) to CG (Commercial General) Recommendation: Approve Ordinance 0-24-16 on first reading, set date for second reading and public hearing for July 24th, 2024 Background: In September 2023, Schumann Road Indian River, LLC acquired the subject property through a voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian's long-range plans. The properties zoning amendment proposal is for Commercial General (CG) which is compatible with the existing adjacent zoning immediately to the west and south, which is also owned by Schumann Road Indian River, LLC. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 20th, 2024 regular meeting to consider the proposed Rezoning and recommended, by a vote of 7-1, that the City Council grant the requested rezoning change. If Agenda Item Reauires Exaenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-16 2. Rezone Staff Report — Schumann Parcel 3. Development Review Application — Schumann Parcel 4. City of Sebastian to Schumann Road Indian River, LLC Deed 5. Existing and Proposed Zoning and FLU Exhibits Administrative Services Depart ent Review: City Attorney Review: Procurement Division Review, if applicable: IV14 City Manager Authorization: Date: 7 /3 106 of 223 ORDINANCE NO.O-24-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) TO LAND WITH A CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY CONSISTING OF 0.07 ACRES, MORE OR LESS; LOCATED EAST OF SEBASTIAN HISTORICAL PARK, NORTH OF SCHUMANN DRIVE, AND WEST OF LOTS 1, 2, & 3, BLOCK 406, S/H UNIT 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Sebastian, owner of the subject property, has filed a petition for an amendment to the Zoning Ordinance; and WHEREAS, the current zoning classification on the property is PS (Public Service) and the requested change is to rezone to CG (Commercial General); and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed rezoning is compatible with the adjacent area. B. The proposed rezoning is consistent with the goals, objectives and other elements of the Comprehensive Plan. C. The proposed rezoning is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. D. Adequate public facilities and services exist in the City to serve the proposed rezoning and will not exceed the capacity for such services and facilities. E. The proposed change in zoning will not result in any adverse impacts on the natural environment. F. The proposed change in zoning will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. G. The proposed change in zoning will result in an orderly and local development pattern. H. The proposed change in zoning is not in conflict with the public interest of the citizens of the City of Sebastian. 1 107 of 223 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. PROPERTY. The change in zoning classification created by the adoption of this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See Attachment "A" Warranty Deed SECTION 2. REZONING. The real property described in Attachment "A" is hereby given a City zoning designation of CG (Commercial General). SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in Attachment "A" and reflect its designated zoning district as CG (Commercial General) in accordance with the requirements of Florida law. See Attachment `B " Zoning Map SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect after 21 reading. SECTION 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the day of , 2024 and adopted on second/fmal reading at a regular meeting of the City Council on the day of , 2024. 108 of 223 PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of , 2024, 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 Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ATTEST: Jeanette Williams, MMC City Clerk ADOPTION 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 this day of , 2024. CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor ATTEST: Approved as to form and legality for Jeanette Williams, MMC Reliance by the City of Sebastian only: City Clerk Jennifer Cockcroft, Esq., City Attorney 3 109 of 223 CDC* HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission June 20, 2024 City Council —1st Readinq of Ordinance 0-24-16 Land Development Code Rezoning Amendment for a Specific Site Schumann Road Commercial 1. Proiect Name: Schumann Road Commercial — 600 Schumann Drive 2. Proiect Applicant: Schumann Road 500 South Florida Avenue, Suite 700 Lakeland, Florida 33801 3. Requested Action: Request is for a change from Public Service (PS) To Commercial General (CG) (Exhibit A, Maps) 4. Proiect Location: Section 17, Township 31 South, Range 39 Subject Parcel is 0.07 Acres, More or Less Parcel # 31391700002000200000.1 Legals: (Exhibit B, Application, Warranty Deed with Legals, Before and After Ariels) 5. Proiect Description: In September 2023, Schumann Road Indian River, LLC acquired the subject property through voluntary land swap approved by Ordinance 0-23-09. The property consists of 0.07 acres, more or less, located east of Sebastian Historical Park, north of Schumann Drive, and west of lots 1, 2, & 3, Block 406, S/H Unit 7. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans. The properties zoning amendment proposal is for Commercial General (CG) which is compatible with the existing adjacent zoning immediately to the west and south, which is also owned by Schumann Road Indian River, LLC. 6. Site Data a. Site Characteristics (1) Total Acreaae: (2) Current Land Use(s) (3) Current Zoning: b. Adiacent Properties Zoninq North CG East: (County) CL West: PS South: CG 0.07 acres Institutional (0.6 FAR) Public Service (PS) Existinq Use Future Land Use Commercial CG Assisted Living Facility C/I Park IN Vacant Commercial CG 110 of223 7. Comprehensive Plan Consistencv a. Chanaed Conditions: The proposed change of zoning to a higher intensity of use, commercial, is consistent with the current surrounding zoning. Existing residential development adjacent to the property may be served by the commercial uses which are appropriate as this corridor continues to develop as a service area for the community. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The CG (Commercial General District Sec 54-2-5.3.3) zoning is established to implement policies and performance standards for general commercial uses which are compatible with the City of Sebastian current and future zoning along this corridor. C. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed rezoning can be provided. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. Economic Effect: The rezoning of this parcel will allow for the expansion of potential commercial uses in the future. g. Orderly Develooment: The proposed rezoning is consistent with the Land Development Code and provides an orderly development pattern. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 8. Conclusion: The requested rezoning from Public Service (PS) to Commercial General (CG) is consistent with the Zoning Map, and as such, staff and the PZ Commission recommend approval of the rezoning request. Michelle Faulkner PREPARED BY 6/11 /2024 DATE 2 11 1 of 223 OIIYOF Sr:EIASTLA HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastion.org ❑ Comp Plan Land Use Amendment =1 Comp Plan Text Amendment (Large Scale) 1 Land Development Code Text Amendment • Comp Plan Land Use Amendment ■ Rezoning (Small Scale) ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres Acres\SF Parcel ID: Portion of 31391700002406000007.0 Existing Address of Site: 600 Schumann Drive Proposed Address of Site: Proposed Use: Commercial Land Use: General Commercial Zoning: Commercial General Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863 -647-5 3 3 7 Email: tampbell@clarkcampbell-law.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Schumann Road Indian River, LLC Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 Telephone: 863-272.4615 E-mail: lawrencemaxwell@hotmail.com Date Received: Fee Paid: Received by: FORM B 112 of223 Surveyor: Address: Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Pre — Application Meeting Date: Email: jschulke@sbsengineers.com DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will J allow the parcel to be conveyed to the City to be consistent with the existing adjacent property owned by the City of which a portion of this parcel would become a park (a part of an existing City park). SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing th' t� re of work will be complied w I whether specified herein or not. The granting of approval does not presume�'authority to vio to r can el h rovisions of any other state or local law regulating construction or the perforr anq of nst I ctioi i Timoth\ F. Campbell Jul 12. 2023 Print name Signature Date Notarv: STATE OF: Florid COUNTY: p& I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. Campbell who is X personally known to me or has produced identification. Type of identification produced: [SEAL] 4ryAlic MICHELLEB-IASE�44 My Commission Expires: _= E>#w February 4, 2027 FORM B 113 of223 1LVL4V0000U1 1CL4-V"JV V 11N 111L' M -V".,3 Vl' mxA1V L. tw l A EK, t.LL' mr-. tPr l,ll(l uii %-vum1 iiw AiN iuVV rL %-V rL 1K: 3671 PG: 974,1/4/202412:27 PM D DOCTAX PD $0.70 This Instrument Prepared By: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 tcampbell u.clarkcarn bell-law.com SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 27th day of September, 2023, between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCHUMANN ROAD MAN RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantee"). WI TNESSETH: That said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the Grantee, all that certain land situate in Indian River County, Florida: Land described on attached Exhibit "A" incorporated herein (the "Property"). A portion of Parcel ID Number: 31391700002000200000.0 This conveyance is subject to: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re -impose the same. 2. Zoning and other governmental regulations. 3. Taxes and assessments for 2023 and subsequent years. IT IS EXPRESSLY UNDERSTOOD and acknowledged by the GRANTOR and by the GRANTEE, by acceptance of this deed, that, in accordance with Section 270.11(3), Florida Statutes, the GRANTEE has petitioned the GRANTOR for the release of the undivided three -fourths interest in, and title in and to the undivided three -fourths interest in, all the phosphate, minerals, and metals that are or maybe in, on or under the said land and the undivided one-half interest in all the petroleum that is or maybe in, on or under the said land all as set forth in Section 270.11(1), Florida Statutes, and that the GRANTOR by this deed includes the conveyance of the GRANTOR'S interest in all phosphate, minerals, and metals that are or may be in, on or under the said land and interest in all petroleum that is or maybe in or on or under the said land. Special Warranty Deed Page 1 114 of 223 Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNATURE APPEARS ON SUBSEQUENT PAGE Special Warranty Deed Page 2 115 of 223 Signed, sealed and delivered in our presence: ATTEST: L�x�-C%P'ri4- Print Name: Jeanette Williams City Clerk Approved as to Form and Legal Sufficiency. LIZ, PrmName: Jennifer Cockcroft, Esq. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTiAN, a municipal corporation of the State of Florida By: Print Name: Fred Jones Title: Mayo' The foregoing instrument was acknowledged before me by means of (3) physical presence or ( ) online notarization, this day of September, 2023, by roll J.-„es , as of the City of Sebastian, on behalf of the City, (X) who is personally known to me or ( } has produced as identification. (NOTARY SEAL) "`v ',' CATHERIKE E.IESTA CeasSsbnHH064281 E*m Febcumy t6, W025 Special Warranty Deed Notary Public n_ Prit Name: My Commission Expires: j L.bnM,-y i& Zoz� Page 3 116 of 223 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26036'30"E, ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26°36'30"E, FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF SAID PLAT; THENCE RUN N69°42'41 "W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN N25028'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A CHORD BEARING OF N00034'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 52004'28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE OR LESS. Special Warranty Deed Page 4 117 of 223 jam. SEBASTIAN (1 MIIMMI�I <11111!♦IIOM 1/ll 1011 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve the migration and renewal costs in the amount of $50,000 of the CAD/RMS Software for the Police Department and authorize the City Manager to execute all appropriate documentation. Recommendation: Staff recommends the approval of the software migration to the newest version of the RMS/CAD software currently in use in the police department, continue to renew support as long as the software is in use in the amount of $50,000 and authorize the City Manager to execute all appropriate documentation. Background: The Sebastian Police Department utilizes CAPERS software for records management and computer -aided dispatch systems (RMS/CAD). This system has been operating since 2014 and has been under active maintenance since installation. In February 2024, the CAPERS software rebranded itself as True North Integrated Software. Our current support contract for CAPERS software is now with True North Integrated Software. They have been fully committed to supporting our current version. However, they have advised us that we need to migrate to resolve issues causing us problems. We want to migrate our current CAPERS platform to the new True North platform to provide the needed features and stability enhancements. This migration will also ensure that the Police Department continues to operate an RMS/CAD system that meets the rigorous compliance policies set out within the FBI's Criminal Justice Information Services (CJIS) Security Policies regarding the enhanced security and reporting that our agency is now required to provide. MIS also confirmed that the quote includes the migration and maintenance for the following year. Staff is seeking approval to issue a purchase order to True North Software, LLC, and authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $60,775 Total Cost: $50,000 Funds to Be Utilized for Appropriation: Discretionary Sales Tax (DST) Attachments: 1. True North Software License Agreement 2. True North Software Maintenance Agreement 3. True North/CAPERS Migration Quote 4. True North Announcement Administrative Services Department Review: v City Attorney Review: Procurement Division Review, if applicable: b v City Managej Authorization: A( Date: 7/J/��aY 121 of223 SOFTWARE LICENSE AGREEMENT THIS SOFTWARE LICENSE AGREEMENT (hereinafter "Agreement"), is made as of the date below, by and between the City of Sebastian ("Agency"), and True North Software, LLC ("True North") RECITALS: WHEREAS, AGENCY desires to purchase a license for certain Software and Services offered by True North, (hereinafter "Products and Services") as set forth in Section 7; and WHEREAS, True North is professionally qualified to provide the Products and perform the services necessary to install, implement and maintain the System; and WHEREAS the parties desire to enter into this Agreement as herein set forth; NOW, THEREFORE, for good a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: AGREEMENTS: 1. TERM AGENCY'S license of the Software shall become effective upon execution of this Agreement and shall continue perpetually unless otherwise terminated as provided herein. 2. LICENSED SOFTWARE The True North Software licensed to the AGENCY in this Agreement is any Product and Service herein licensed in Section 7 of this Agreement (hereinafter the "Software") including any third -party products integrated or interfaced to the Software. 3. LICENSE GRANT Subject to the payment of fees in accordance with Paragraph 7 and the other terms and conditions of this Agreement, True North grants the AGENCY a perpetual, non-exclusive, non -transferable license ("License") to (i) use the Software and related user Documentation (the "Documentation"), and (ii) make one backup copy of the Software, provided that the Software is not modified and all copyright notices are maintained on the Software. The AGENCY shall be responsible for obtaining all hardware and all third -party licenses for Software necessary and are not supplied by True North for the correct operation of the Software. 122 of 223 4. LICENSE EXCLUSIONS The AGENCY may use the Software only to the extent expressly authorized or licensed under this Agreement. Specifically, but not by way of limitation, the AGENCY shall not (i) reproduce, modify, or create derivative works of the Software or Documentation, or (ii) reverse engineer, decompile, or disassemble, or otherwise attempt to derive the source code of the Software, or any portion thereof. 5. OWNERSHIP OF LICENSED SOFTWARE Subject only to the License expressly granted to the AGENCY herein, Agency agrees that at all times True North retains all right, title, ownership of all applicable patents, copyrights and trade secrets in and to the Software and Documentation. Software and all related Documentation and materials provided by True North are solely licensed, not sold, to AGENCY. Any integrated third -party Software is the property of their respective owners and may be protected by copyright or other law. 6. SOFTWARE UPDATES True North shall notify the AGENCY of any new standard or additional features released subsequent to the installation at the AGENCY or hosted via Amazon Web Services (AWS) and which are released during the term of this Agreement, and offer the same to AGENCY pursuant to and as applicable to Section 7. 7. SCOPE OF WORK, COST AND PAYMENT True North agrees to provide the AGENCY a site -license for the following products and services in accordance with the terms and conditions of the Agreement: True North Records Management System True North Computer Aided Dispatch System True North Mobile RMS and CAD 2 123 of 223 7.1 PAYMENT TERMS All invoices unless otherwise noted therein are payable within thirty (30) days of the date of the invoice. If AGENCY fails to pay any amounts owed when due, True North may assess interest at one -and -one-half percent (1.5%) per month on all overdue amounts, or the highest rate permitted by law, whichever is less. AGENCY shall also be liable for all costs of collection, including reasonable attorney's fees, whether or not a suit is instituted. Software Maintenance and Support dues will be invoiced two months prior to the anniversary date of Go -Live unless AGENCY is hosted at which invoices shall be delivered at the first of each subscription month. ACCEPTABLE ENVIRONMENT (On Premise) AGENCY is responsible for ensuring a proper environment and proper utilities for the environment on which the Software will operate, including housing and operating the equipment in an environment and according to the specifications of the manufacturer. AGENCY is responsible for the safe backup and storage of AGENCY data. 9. HOSTED SERVICES (If Applicable) True North utilizes Amazon Web Services (AWS) for Hosted Services. 9.1 The Software is located on servers that are controlled by True North. Agency may access the Software, but has no right to receive a copy of the object code or source code to the Software 9.2 Agency must have a high-speed Internet connection, and hardware and software that is compatible with the Hosted Services, as set out in the Documentation. None of these things are the responsibility of True North. 9.3 Conditions of Use. The Hosted Services provided to Agency are non-exclusive, non- transferable and are for Agency's internal business use only. Agency's right to use the Hosted Services is conditional upon the following. Agency may not: 9.3.1 transfer to any other person any of its rights to use the Hosted Services; 9.3.2 sell, rent or lease the Hosted Services; 9.3.3 make the Hosted Services available to anyone who is not an "Authorized User". An Authorized User is an employee of Agency, or of a person to whom Agency has outsourced services, who is authorized to access the Software as either a named or concurrent user; 9.3.4 create any derivative works based upon the Hosted Services or Documentation; 9.3.5 copy any feature, design or graphic in, or reverse engineer the Software; 9.3.6 access the Hosted Services (i) in order to build a competitive solution or to assist someone else to build a competitive solution; or (ii) if Agency is an employee of a True North competitor; 9.3.7 use the Hosted Services in a way that violates any criminal or civil law; 9.3.8 load test the Hosted Services in order to test scalability; or, 9.3.9 exceed the usage limits listed herein. 124 of 223 10. Agency Data. Agency must provide all data for use in the Software, and True North is not obliged to modify or add to the Agency Data. Agency is solely responsible for the content and accuracy of the Agency Data. 10.1 The Agency Data belongs to Agency, and True North makes no claim to any right of ownership in it. 10.2 True North will allow 20OGB for file and photo upload. Additional storage space may be granted for an additional monthly rate of $75.00 per month per 100GB additional space. 10.3 True North must keep the Agency Data confidential in accordance with Section 13 of this Agreement. 10.4 True North must use the Agency Data strictly as necessary to carry out its obligations under this Agreement, and for no other purpose. However, True North: 10.4.1 may observe and report back to Agency on Agency's usage of the Hosted Services, and make recommendations for improved usage of the Hosted Services; 10.4.2 may identify trends and publish reports on its findings provided the reports include data aggregated from more than one Agency site and do not identify Agency; and, 10.4.3 must ensure that the data center containing the Agency Data meets the following physical and electronic security requirements: (i) single point of entry; (ii) main access monitored with additional access for emergency purposes only; (iii) surveillance cameras in facility; (iv) access validation with identity check; (v) access only to persons on True North approved access list; (vi) log -in validation; (vii) creation of accounts only as verified by True North or sub -contracted hosting provider; (viii) access to servers via encrypted means; and, (ix) servers running behind secure firewall. 10.5 True North must take reasonable technical and organizational measures to keep personal data secure and to protect it against accidental loss or unlawful destruction, alteration, disclosure or access; and, must deal with the information only in accordance with Agency's instructions, provided they are reasonable and lawful. 11. ASSIGNMENT True North shall not assign the duties and obligations involved in the performance of this Agreement, which is the subject matter of this Agreement, without the express written consent of the AGENCY. 4 125 of 223 12. LIMITED WARRANTY True North warrants for a period of 366 days commencing upon the date of Software Go -Live that the Software conforms in all material respects to the specifications for the current version provided by True North. 12.1 LIMITATIONS True North is not responsible for obsolescence of the Software that may result from changes in AGENCY'S requirements. The Warranty shall apply only to the most current version of the Software. AGENCY must notify True North of any warranty issues within the Warranty Period; after the end of the Warranty Period, Software errors and defects will be handled under Software Maintenance and Support. Issuance of updates does not result in a renewal or extension of the Warranty Period. True North assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Software. Such warranty also excludes non-performance issues that result from third party hardware or Software malfunction or defect; modification of the Software by any person other than True North, or defects or problems that are outside the reasonable control of True North. 13. CONFIDENTIALITY All information of any kind disclosed to the AGENCY by True North (in whatever form, including without limitation, written and oral information) shall be deemed proprietary and confidential information ("Confidential Information"). The AGENCY (a) shall treat and maintain the Confidential Information as confidential property, (b) shall not disclose the Confidential Information to any other person or entity except as authorized herein, (c) shall safeguard the Confidential Information at least to the same extent that it would its own proprietary and confidential information, and (d) shall not duplicate, use or disclose the Confidential Information, in whole or in part, to others except as is necessary to use the Software and Services hereunder (and then only on a confidential basis satisfactory to True North). Confidential Information shall include, without limitation, any information (including any technical information, experience or data) regarding True North products, plans, programs, processes, costs, equipment, operations or customers which may be disclosed to or come within the knowledge of, the AGENCY, its employees and agents in the performance of this Agreement. The provisions of this Section shall not apply to any information referred to in Us Section which the AGENCY establishes (a) has been published and has become part of the public domain other than by acts or omissions of the AGENCY, its employees and agents, (b) has been famished or made known to the AGENCY by third parties (other than those acting directly or indirectly for or on behalf of True North) as a matter of legal right and without restriction on disclosure or use, or (c) was in the AGENCY's possession prior to disclosure by True North to the AGENCY and was not acquired by the AGENCY, its employees and agents directly or indirectly from True North. 14. LIMITATION OF LIABILITY True North will correct any claim relating to the non-conformance or imperfection of any licensed Software provided under this Agreement. If True North is unable to correct the non- conformity AGENCY may recover its actual damages subject to the limits herein. For any 5 126 of 223 other claim arising under or in connection with this Agreement, AGENCY may recover its actual damages subject to the limits set forth herein. True North's total liability to AGENCY for all claims relating to this Licensed Software and this Agreement, including any action based upon contract, tort, strict liability, or other legal theory, shall be limited to AGENCY'S actual damages and in no event shall the liability exceed the fees paid to True North described in Section 7 of this Agreement. True North shall not be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages, including loss of profits or costs of cover, arising from or related to a breach of this Agreement or any order or the operation or use of the Licensed Software including such damages, without limitation, as damages arising from loss of data or programming, loss of revenue or profits, failure to realize savings or other benefits, damage to equipment, and claims against AGENCY by any third party, even if True North has been advised of the possibility of such damages. True North's liability for any form of action shall only apply after any and all appropriate insurance coverage has been exhausted. If it is determined that a limitation of liability or a remedy contracted herein fails of its essential purpose, then the parties agree that the exclusion of incidental, consequential, special, indirect, punitive, and/or exemplary damages is still effective. 15. LIMITATION OF DAMAGES In no event shall True North and its licensors be liable for any loss of profits; any incidental, special, punitive, or consequential damages; or any claims or demands brought against AGENCY by third parties, even if True North or its licensors have been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. 16. COMPLIANCE WITH LAWS True North shall comply with all federal, state, and local statutes, laws, ordinances, regulations, rules and codes applicable to the Software and Services, including the AGENCY'S site rules and regulations, and permits and licenses that may be required to perform the Services. 17. APPLICABLE LAW This agreement is construed and interpreted in accordance with the laws and judicial decisions of the State of Illinois and all questions of performance hereunder shall be determined in accordance with such laws and judicial decisions; by execution of this Agreement, True North and the AGENCY agree to submit to the jurisdiction of the courts of the State of Illinois and venue in Cook County, Illinois. ON 127 of 223 18. MODIFICATIONS This Agreement may not be amended or otherwise modified other than by written agreement signed by all of the parties hereto. 19. SOFTWARE MAINTENANCE AND SUPPORT In addition to this Agreement, True North will provide ongoing Maintenance and Support services related to the Software Maintenance Agreement contemporaneously executed between the parties. Agency is required to continue using maintenance and support services from True North throughout the term of this Agreement as a condition to the software licensed per this Agreement. 20. TERMINATION 20.1 Events of Default Either party may terminate this Agreement upon the occurrence of one or more of the following events of default ("Event of Default"): the other party (i) violates or fails to perform any covenant, provision, obligation, term or condition of this Agreement, or (ii) ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or shall avail itself of or become subject to any proceeding under the Federal Bankruptcy Act or any other federal or state statute relating to insolvency or the protection of rights of creditors. 20.2 Notice and Right to Cure Upon occurrence of an Event of Default described in 19.1, the party not in default may immediately terminate this Agreement by giving written notice to the party in default, provided that the party seeking to terminate this Agreement has not itself committed a breach as provided in 19.1 at the time of providing written notice. However, the default is not cause for termination if (i) it is reasonably susceptible to cure, and (ii) the other party cures the default within thirty (30) days of written notice of default or presents a plan to cure the default and the default is cured within sixty (60) days of written notice of default. 20.3 Effect of Termination Upon termination of this Agreement for any reason or upon discontinuance or abandonment of AGENCY'S possession or use of the Software, AGENCY must return or destroy, as requested by True North, all copies of this Software in AGENCY'S possession (whether modified or unmodified), and all related Documentation, confidential information and other materials pertaining to the 7 128 of 223 Software (including all copies thereof). AGENCY agrees to certify AGENCY'S compliance with such obligation upon request of True North. AGENCY will permit True North to repossess the Software and any products sold hereunder for which AGENCY has not fully paid the purchase price. If AGENCY has any outstanding payment obligations under this Agreement, True North may accelerate and declare all such obligations of AGENCY immediately due and payable by AGENCY as a liquidated sum and proceed against AGENCY in any lawful way for satisfaction of such sum. 20.4 Retention of Electronic Data upon Termination AGENCY shall be entitled to retain all of the electronic data as defined herein in Paragraph 8. AGENCY shall be allowed to remove, copy, download and/or otherwise store any and all said electronic data from True North equipment stored on AGENCY's property. 21 FORCE MAJEURE The parties shall not be liable to each other for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of nature or other causes which are unavoidable in nature and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving any party from its obligation to pay any sum due to the other party. In the event that a force majeure was to prevent material compliance with this Agreement for more than 90 days, either party shall have the right to terminate this Agreement pursuant to Section 20 by giving the other party written notice of same. Labor shortages, strikes, walkouts, lockouts, industrial disturbances and other labor related disputes do not constitute force majeure events and shall not excuse either party to the responsibilities herein. 22 SECTION HEADINGS Captions and section headings used herein are for convenience only, are not part of this Agreement, and shall not be used in construing it. 23 SEVERABILITY A judicial determination that any provision of this Agreement is invalid in whole or in part shall not affect the enforceability of those provisions found not to be invalid. 24 LIMITATION OF ACTIONS No action, whether based on contract, strict liability, or tort, including any action based on negligence, arising out of the performance of services under this Agreement nay be brought by either party more than one (1) year after such cause of action occurred. However, action for nonpayment may be brought within one (1) year the date of the last payment was received by True North. 129 of 223 25 ENTIRE AGREEMENT. The terms and conditions of this Agreement, together with its exhibits and any and all documents expressly incorporated herein by reference constitutes the entire Agreement between the parties hereto pertaining to the subject matter herein. This Agreement shall supersede any previous agreements between the parties pertaining to the subject matter between the parties hereto. 26 MODIFICATIONS Any modifications of this Agreement must be in writing and signed by authorized representatives of both parties hereto. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof 27 SURVIVAL Provisions and terms meant expected to continue after any termination of this Agreement that would, by nature, be reasonably expected to continue shall survive including, and without limitation, the following Sections: 3.0 License Grant 4.0 License Exclusions 5.0 Ownership of Licensed Software 8.0 Ownership of Electronic Data 13.0 Confidentiality 14.0 Limitation of Liability 15.0 Limitations of Damages 16.0 Compliance with Laws 17.0 Applicable Law 27.0 Survival 28 NOTICE Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed served if delivered in person, or if sent by courier service or if deposited in the United States mail, first class mail. postage prepaid. All notices to Agency shall be addressed as follows: City of Sebastian Chief of Police 1201 Main St Sebastian, FL 32958 W 130 of 223 If to True North, it shall be addressed to: True North Software, LLC Attention: President 15826 S LaGrange Rd - #163 Orland Park, IL 60462 29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. If executed in multiple counterparts, this Agreement shall become binding when two or more counterparts hereto, individually or taken together, bear the signatures of all of the parties reflected hereon as the signatories. A facsimile or PDF signature to this Agreement is deemed to be an original for all purposes. IN WITNESS WHEREOF, AGENCY and True North have executed this Agreement on the date hereof. AGENCY True North Software, LLC Printed Name Printed Name Signature Signature Title Title Date Date 10 131 of223 DEFINITIONS. 1. Glossary. 1.1. "Agency Data" means any electronic information stored in the Software database. 1.2. "Documentation" means user documentation provided electronically by COMPANY for use with the Hosted Services, as periodically updated. 1.3. "Professional Services" means the training, consulting, development and other professional services identified on an Statement of Work, but does not include the Hosted Services. 1.4. "Statement of Work" means a document provided by COMPANY and signed by Agency that describes the Professional Services to be provided by COMPANY to Agency. 1.5. "Software" means the software whose functionality is described in the Order Form. 1.6. "Subscription Services" means the hosted Agency experience solutions identified in an Order Form, and any modifications periodically made by COMPANY, but does not include the Professional Services. 1.7. "Hosted Term" means the period of time during which COMPANY is required to provide Agency with the Hosted Services. 1.8. "Work Product" means object code, source code, flow charts, documentation, information, reports, test results, findings, ideas and any works and other materials developed by COMPANY in providing the Professional Services to Agency. 11 132 of 223 TRUE NORTH SOFTWARE SUPPORT & MAINTENANCE AGREEMENT THIS SOFTWARE SUPPORT & MAINTENANCE AGREEMENT (hereinafter "SSMA"), is made as of the date below, by and between the City of Sebastian (hereinafter " AGENCY"), and True North Software, LLC (hereinafter "True North"). RECITALS: In connection with the Software License Agreement contemporaneously executed between the parties (the "Agreement"), AGENCY desires to enter into certain services and support for the Software ("SSMA"). All definitions contained in the Agreement remain the same for this SSMA. AGREEMENTS: Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. SUPPORT ELIGIBILITY. This SSMA may be terminated pursuant to Section 7 or suspended, at the discretion of True North, if at any time during the term of this SSMA any of the following requirements are not met: 1.1.1 The Agreement must remain valid and in effect at all times 1.1.2 The Software must be operated on a hardware platform approved by True North; and 1.1.3 AGENCY must be current on payment of all fees due True North. 2. SUPPORT TERM. The Initial Support Term will be for a 365 day period of the Limited Warranty Period as defined in Section 10 of the Agreement. Thereafter, the initial SSMA term shall remain in effect for a period of five (5) years beginning on the 366`" day after software Go -Live and ending on the same calendar date five (5) years after the start date. After the initial SSMA term this SSMA shall automatically renew for successive periods of one (1) year each, unless and until terminated pursuant to Section 7 hereof. 3. SCOPE OF SERVICES: During the Support Term True North will provide the following services or features to THE AGENCY: (a) Upgrades, including new releases; (b) Bug Fixes and General Maintenance; (c) Revisions to Documentation; (d) Telephone and Remote Support during regular business hours as described below; (e) Emergency 24/7/365 Telephone and Remote Support as described below; (f) Invitation and participation in user group meetings; and (g) Limited additional personnel training as agreed upon between both parties. DM 157531371.1 133 of 223 4. SERVICE LEVEL AGREEMENT • All non -emergency calls and Help Desk tickets will receive support within four (4) hours from the time the customer first notifies True North until True North initiates work towards resolution. • Emergency calls will be answered within two (2) hours from the time the customer first notifies True North until True North initiates work towards resolution. • All Emergency and after-hours calls will be answered personally. 5. SERVICES NOT COVERED UNDER THIS AGREEMENT • Support for any third -party products including hardware, or support for hardware failure due the use of any third -party vendor products. • Any network failures or problems including to, but not limited to, cabling, communication lines, routers, switches and network software. • The backing up of data • Issues with user passwords • Restoring or recovering data files or software operating systems 6. FEES AND CHARGES. AGENCY shall pay True North the Annual Maintenance Fees, as set forth below. True North reserves the right to change its Annual Maintenance Dues, effective upon no less than 90 days prior written notice to AGENCY. Annual Maintenance Fees are invoiced 60 days prior to the end of the Initial Support Term. 6.1. Year 1 $25,000 Year 2 $25000 Year 3 $25,000 Year 4 $25,000 Year 5 $25,000 7. TERMINATION. This Support and Maintenance Agreement shall automatically terminate immediately upon termination of the Agreement. 7.1 Either party may terminate this SSMA as follows: 7.1.1 If either True North or AGENCY provides a written notice to the other party, at least 90 days prior to the end of the then -current SSMA term, of its intent to terminate this SSMA; or 7.1.2 Upon 30 days prior written notice, if the other party has materially breached any provision of this SSMA and the offending party has not cured such beach within the 30-day notice period. 7_2 Following termination of this Support and Maintenance Agreement, True North shall immediately invoice AGENCY for all accrued fees, charges and expenses and AGENCY shall pay the that amount immediately upon receipt of such invoice. 134 of 223 8. GENERAL. The terms of Section 12: Limited Warranty, Section 13: Confidentiality, Section 14: Limitation of Liability and Section 15: Limitation of Damages of the Licensed Software and Related Services Agreement are hereby incorporated into this Support and Maintenance Agreement by reference. 9. LIMITED WARRANTY. True North warrants that the SSMA services will be provided in conformance with the terms of this SSMA and True North does not make any other warranties, whether expressed or implied, whether regarding its performance or the services provided under this SSMA. AGENCY agrees that Truer North has not warranted recovering any data or other information contained in its system. True North shall not be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover or any indirect, special, incidental, exemplary, punitive or consequential damages of any kind in connection with or arising out of the furnishing, performance or Software or services performed hereunder, whether alleged as a breach of contract or tort conduct, including negligence even if advised of the possibility of such damages. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this License if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other parry's officers, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control IN WITNESS WHEREOF, THE AGENCY and True North have executed this Software Support & Maintenance Agreement on the date hereof. AGENCY True North Software LLC Printed Name Printed Name Signature Signature Title Title Date Date 135 of 223 TRUE NORTH INTEGRATED SOFTWARE SOLUTIONS Sebastian Police Department 1201 Main St Sebastian, FL 32958 True North Migration QUOTE'. Quote No.: QU-0021 Date: June 15, 2024 Quote Expires: 15 Jul 2024 Migrating current CAPERS platform to True North. Installing and configuring new software. Building and developing Alarm Module and functionality previously built in CAPERS. Quote includes training on True North and Go Live support. Additional add-ons are listed below for public facing portals and ecitations as well. Price is as shown and would be in addition to the migration costs. 1.00 True North Migration Services Described Above 50,000.00 50,000.00 1.00 ****OPTIONAL*** Public Ticket Payment Portal 7,500.00 100.00 0.00 1.00 ****OPTIONAL*** Public Portal (Watches, Parking, Incident) 6,000.00 100.00 0.00 Subtotal Sales T ax 0% Quote Total Quote Terms: Payment needed to secure migration scheduling. We Appreciate Your Business $50,000.00 $0.00 $50,000.00 www uuenorthsoftware.net 136 of 223 TRUE NORTH PUBLIC SAFETY SOFTWARE SOLUTIONS Introducing True North Software Phone !•` i7- l5 - Fax k, IL 60462 www.truenorthsoftware.net We are very happy to introduce True North Software! True North Software is a new web -based CAD/RMS/Mobile platform available to all CAPERS agencies. The True North team will continue to provide the same support and maintenance for your current version of the CAPERS software. Your support team and level of service will not change. We also want to take this opportunity to invite you to schedule a demonstration of the new True North Software to discuss your options to migrate to our True North solution! The True North software platform is easier to use, much more user friendly and offers more options, such as cloud computing with Amazon Web Services, Google address validation, and CJIS approved Multi -Factor Authentication with Cisco Duo. We have made Adjudication and Court simple and have addE.d eTicketing! We are currently taking reservations for migration and are offering any CAPERS agency the opportunity to migrate to True North for what they previously have paid for CAPERS Support. As with any software change, there is a small one-time migration fee for services like data migration, interface configuration as well as set-up, training and go live support. Please visit www.truenorthsoftware.net for more information or send an email to info@truenorthsoftware.net to schedule your demo of True North! We look forward to continuing our partnerships and are excited to show True North to your agency! If you have any questions please don't hesitate to reach out! Thanks, Greg Whitt Chief Operating Officer gwhitt@truenorthsoftware.net SEBASTIAN cIIIIIMMI�1 CIIIff�110M Itll 1011 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approval of Resolution R-24-33 authorizing the submittal of a Grant Application for Public assistance for Septic to Sewer Conversion in the CRA, Funding for the 5% match and authorize the City Manager or designee to execute all appropriate documentation. Recommendation: Staff recommends approval of Resolution R-24-33 for the septic to sewer conversion project in the CRA along with the application to the Protecting Florida Together Water Quality Improvements Grant for funding as well as approval for the City's portion and authorize the City Manager or designee to execute all appropriate documentation. Backeround: In past efforts to convert the CRA from septic tanks to sanity sewers, the City has provided grant funds from both City funds and the Indian River Lagoon NEP to encourage conversion. This process has had limited success in removing the septic tanks from the area next to the Indian River Lagoon. Indian River County has installed both gravity and force main sewer facilities in the CRA, making service available for majorities of the properties located in the CRA. Through the Clean Waterways Act, FDEP requires the conversion of septic tanks to a nutrient -reducing system, or sewer utility by 2030. Due to the regulation change, we have seen increased interest by residents and businesses for grant assistance to convert. Converting the CRA will greatly reduce the Total Maximum Daily Loads on the 1RL and assist the City with meeting its Basin Management Action Plan requirements. The next upcoming available grant funding to assist residents is the Protecting Florida Together Water Quality Improvement Grant which is due July 15th. The City, with Council's approval, intends to apply for funding for the private infrastructure required to connect to the existing Indian River County infrastructure. The City has coordinated with the County, and they intend to install additional public infrastructure to bridge gaps in service locations allowing connection of the entire CRA. One of our existing continuing services consulting engineering firms, Schulke, Bittle & Stoddard LLC, has provided a study for this project to determine the estimated cost to convert the properties from septic systems to sanitary sewers. The estimated cost to convert the remaining ninety-six developed properties is $3,158,030. As the report was created in 2022, we are accounting for a 20% increase in cost to $3,800,000 to allow for construction cost increases as well as a contingency. The City will be responsible for providing a 5% cost share for the grant program portion. The consultant's report also provided an estimate for the ninety-two vacant property connections at $3,627,366. Staff does not recommend this part of the project as those properties are required to connect when they perform the construction on these properties. Staff recommends approving the septic to sewer conversion project in the CRA along with the application to the Protecting Florida Together Water Quality Improvements Grant for funding as well as approval for the City's portion. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: N/A Total Cost: $3,800,000 Total Cost (City's 5% Share is $ 190,000) Funds to Be Utilized for Appropriation: Community Redevelopment Agency Attachments: 1. Resolution R-24-33 138 of 223 Administrative Services Departme t Review: V City Attorney Review: � ('Z� Procurement Division Review, if applicable: g #—) City Manager Authorization: Date: 7/-'7 /d' oa N ' 139 of 223 RESOLUTION NO. R-24-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE PROTECTING FLORIDA TOGETHER WATER QUALITY IMPROVEMENT GRANT REQUESTING $3,800,000.00 FOR PRIVATE SEWER CONNECTION GRANTS FOR RESIDENTS AND BUSINESSES WITHIN THE CRA, FURTHER AUTHORIZING THE AMOUNT OF $190,000.00 IN CITY MATCH; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has the opportunity to apply for funding in the amount of $3,800,000.00 for the CRA Septic to Sewer Conversion project, with a 5% match; and WHEREAS, the match funds of $190,000 will be available by date of grant acceptance; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. The above recitals are hereby adopted. SECTION 2. The City Council of the City of Sebastian hereby authorizes the use of $190,000.00 in match funds that will be budgeted and available upon grant acceptance for the Septic to Sewer Conversion Project. SECTION 3. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 4. This Resolution shall take effect upon adoption. The foregoing Resolution was moved for adoption by Council Member 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 Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 1 Oth day of July, 2024. CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor 140 of 223 ATTEST: Jeanette Williams, City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: Jennifer Cockcroft, City Attorney 141 of 223 SEBASTIAH (I .II 0-111A1 f11111 t1100 1'14 f:7/ CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve purchase orders for Palm Bay Concrete, Asphalt Paving Systems, and Shenandoah General Construction for construction/repairs of Collier Creek South Easy Street roadway between S. Wimbrow Drive and Chello Avenue in the amount of $190,984.40 and authorization for the City Manager to execute the agreement. Recommendation: Staff recommends City Council approve purchase orders for Palm Bay Concrete, Asphalt Paving Systems, and Shenandoah General Construction for construction/repairs of Collier Creek South Easy Street roadway between S. Wimbrow Drive and Chello Avenue for $190,984.40 and authorize the City Manager or designee to execute the purchase orders. Background: The city was made aware of roadway destabilization along South Easy St at the entrance of the Collier Creek subdivision. Upon the October 5, 2023 site visit the City removed a palm tree in the right of way concealing erosion and undermining of the roadway and wing wall. The site was made safe and the City has continued to inspect conditions while obtaining quotes from subcontractors. Due to additional erosion between the upper wing wall and the road crossing, removing the wing wall and replacing it with an FDOT guardrail was deemed necessary. The City will also complete pressure grout injections to fill voids in the road substructure and around the road crossing. Once stabilized the roadway will be milled and repaved to its original condition. The City has coordinated with Collier Creek HOA to ensure all irrigation components, landscaping and signage will be removed from the right of way before construction. To complete this project, the City will use current contractors to perform the concrete replacement (Palm Bay Concrete & Materials), asphalt replacement (Asphalt Paving Systems), and the 60" Pipe Stabilization (Shenandoah General Construction). The pricing received from the contractors was per their contracted pricing under their piggyback agreements. Staff is seeking approval to issue purchase orders to Palm Bay Concrete, Asphalt Paving Systems, and Shenandoah General Construction and authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: N/A Total Cost: $190,984.40 Funds to Be Utilized for Appropriation: Discretionary Sales Tax Fund Reserves Attachments: 1. Shenandoah Proposal 2. Asphalt Paving Systems Proposal 3. Sebastian FDOT Standard Guardrail Installation Location 4. Ranger Construction Proposal 5. Collier Creek Sidewalk Sketch 6. Palm Bay Concrete Estimate 7. Site Conditions 8. Update Collier Creek Project Estimates 142 of 223 Administrative Services Departm nt eview: —J� V City Attorney Review: Procurement Division Review, ifapplicable:� City Manager Authorization: Date: 713 / a o ay 143 of 223 Order 33612 @ June 28, 2024 Page 1 of 5 f'p-SHENANDOAH '44i PROPOSAL SUBMITTED TO: City of Sebastian 1225 Main St Sebastian , FL 32958 (772) 228-7056 CONTACT INFORMATION: Phil Patnode (772)633-0916 ppatnode@cityofsebastian.org SHENANDOAH GENERAL CONSTRUCTION, LLC 1888 NW 22" Street Pompano Beach, Florida 33069 Office (863) 448-9939 PROJECT INFORMATION: 60" Pipe Stabilization S. Easy Street 249 S Wimbrow Drive, Sebastian, FL 32958 SHENANDOAH CONTACT INFORMATION: Angel Granados a.granados@shenandoahus.com (407) 739-3668 SHENANDOAH General Construction, LLC ("SHENANDOAH") hereby proposes to furnish all equipment, labor, materials and supervision, unless noted otherwise, to complete the Scope of Work identified below. Payment shall be due Net 30 Days upon completion. This proposal will expire if not accepted within thirty days. Breakdown of Estimated Costs: #125 Mobilization Fee Grouting (at $300.00 Each) 1 Each $300.00 #96 Construction Foreman Grouting (at $55.00 Per Hour) 40 hour(s) $2,200.00 #97 Equipment Operator Grouting (at $150.00 Per Hour) 40 hour(s) $6,000.00 #98 Laborer Grouting (at $35.00 Per Hour) 80 hour(s) $2,800.00 #118 Pressure Grout injection Grouting (at $225.00 Per Joint) 128 Joint $28,800.00 #125 Mobilization Fee Hydro Excavation (at $300.00 Each) I Each $300.00 #96 Construction Foreman Hydro Excavation (at $55.00 Per Hour) 8 hour(s) $440.00 #97 Equipment Operator Hydro Excavation (at $150.00 Per Hour) 8 hour(s) $1,200.00 #98 Laborer Hydro Excavation (at $35.00 Per Hour) 8 hour(s) $280.00 #126 Pass through + 10% markup Flex Hose -(at $3.14 Per L.F.) 100 L.F. $314.00 Hydro Excavation #125 Mobilization Fee Specialty (at $300.00 Each) I Each $300.00 #96 Construction Foreman Specialty (at $55.00 Per Hour) 40 hour(s) $2,200.00 #97 Equipment Operator Specialty (at $150.00 Per Hour) 80 hour(s) $12,000.00 #98 Laborer Specialty (at $35.00 Per Hour) 160 hour(s) $5,600.00 #104 Stick excavator Specialty - (demo(at $60.00 Per Hour) 40 hour(s) $2,400.00 hammer) #105 Wheel loader Specialty (at $40.00 Per Hour) 40 hour(s) $1,600.00 # 109 Vibratory plate compactor Specialty (at $15.00 Per Hour) 20 hour(s) $300.00 # 110 Air compressor with hammer Specialty (at $30.00 Per Hour) 30 hour(s) $900.00 # 115 Concrete restoration 4" thick Specialty -(at $25.00 Per Sq.Ft) 400 Sq.Ft $10,000.00 (100x4) #126 Pass through + 10%markup Specialty -(at $71,600.00 Estimated) I Estimated $71,600.00 (guardrail & sawcut) #126 Pass through - Dump fees Specialty (at $1,000.00 Estimated) 1 Estimated $1,000.00 # 127 Dump truck with operator Specialty (at $70.00 Per Hour) 24 hour(s) $1,680.00 Estimated Total: $152,214.00 P33612-22596-1719606100.pdf 144 of 223 Order 33612 @ June 28, 2024 SHENANDOAH General Construction, LLC OWNER or Authorized Agent: Page 2 of 5 Authorized Signature Name Title Date Authorized Signature Name Title Date P33612-22596-1719606100.pdf 145 of 223 Order 33612 @ June 28, 2024 Page 3 of 5 DESCRIPTION OF PROBLEM: Settlement on the sidewalk and asphalt along the retention wall on northbound and southbound lanes. SCOPE OF WORK: Grouting: SHENANDOAH proposes to utilize its lightweight, expansive two-part geotechnical structural polymer material to fill void space and densify weak soils along the sidewalk, retention wall, areas with settlement on asphalt, and along the 60" storm drain pipe. The total polymer quantity for this scope of work is estimated at 4,500 pounds. The work area will be monitored to prevent movement of the structure and ground surface by using a laser -level monitoring system. Billing for this project will be based on the Broward College Piggy Back contract but will only account for the actual material used. Hydro Excavation: Hydro Excavate behind the walls to determine potential existing damage. This will be at an hourly rate based on a 4 hour minimum if needed. Specialty - Guardrail Installation: SHENANDOAH proposes to furnish a crew and all necessary equipment to sawcut approximately 3' of the wall from top to as close to ground elevation as possible on both sides of culvert crossing. Place FDOT Standard guardrail on both sides and pedestrian handrail behind sidewalk on east side. Restore area as needed with sod at the above mentioned job location. MOT is not included in this proposal. REFERENCE DOCUMENT(S): None WORK DESCRIPTION: Grouting: 1. Request and coordinate underground utility location services through Sunshine One -Call of Florida, Inc. 2. Layout polyurethane grout injection points in accordance with the injection plan. 3. Drill 5/8" hole to depth to insert one-half inch (1/2) inch diameter tubing. 4. Install one-half ('/2) inch diameter tubing to facilitate grout injection. 5. Inject polyurethane grout into the ground utilizing the injection rods / injectors. 6. Monitor the structure during grout injection through the use of lasers, string lines, levels, straight edges or other monitoring devices to monitor for unintentional lift. 7. Perform subsequent site clean-up. 8. Upon completion of the injection and after allowing adequate time for curing, drilled holes in concrete surfaces are filled to grade with concrete patch or an epoxy gel if applicable. All other repairs are excluded. Hydro Excavation: Hydro Excavate behind the walls to determine potential existing damage. This will be at an hourly rate based on a 4 hour minimum if needed. Specialty - Guardrail Installation: Furnish a crew and all necessary equipment to sawcut approximately 3' of the wall from top to as close to ground elevation as possible on both sides of culvert crossing. Place FDOT Standard guardrail on both sides and pedestrian handrail behind sidewalk on east side. Restore area as needed with sod at the above mentioned job location. NOTE: Shenandoah Construction is not an engineering firm nor does it assume responsibility for any engineering design; therefore, we offer this proposal as our professional recommendation and interpretation of what could potentially work for the client or owner needs. By accepting this proposal, the client or owner accepts Shenandoah Construction recommendations to proceed with the work as described above. WORKING CONDITIONS: 1. The work will be performed during regular business hours. 2. Access must be provided for our polymer injection rig to be staged within 250' of the furthest injection point. SPECIAL CONDITIONS: Handrail needs to be confirmed by engineer to determine area is suitable for handrail (attach to top of cut wall). CHANGES TO WORK: P33612-22596-1719606100.pdf 146 of 223 Order 33612 @ June 28, 2024 Page 4 of 5 Changes to the Work shall be made only upon written change orders. However, in the event additional Work is performed without a written change order, but with the knowledge and acquiescence of Buyer, such Work shall be considered to have been performed pursuant to a written change order, the price term being the unit prices stated herein. CHANGED CONDITIONS: If the conditions under which the Work is to be performed are discovered to be materially different than those indicated in the Contract Documents or are materially different from the conditions ordinarily encountered and generally recognized as inherent in the Work, then SHENANDOAH shall give prompt notice to the Buyer and an equitable adjustment to the Contract Price shall be made. PAYMENT: The balance of the Contract Price becomes due in accordance with the payment terms stated herein. In the event Buyer fails to pay as agreed, Buyer shall pay late charges of 18% per annum, or at the highest rate allowed by law in the applicable state, whichever is lower. SHENANDOAH shall have the right to stop Work immediately and without notice in the event payment is not made as it becomes due under the terms of this Contract. The contract price and the schedule shall be equitably adjusted for any such delay. An additional fee of 2.5% will apply if a credit card is used for payment. SEVERABILITY: If any one or more provisions of this Contract is determined to be invalid or void, such determination shall not affect the validity or enforceability of any other provision of this Contract. CLAIMS: Written notice of any claim of any kind based in contract or warranty must be made to SHENANDOAH in writing within six months after the discovery of the injury or the claim shall be barred. SHENANDOAH shall not be liable for any such claim not reported to SHENANDOAH in writing within six months after the injury was discovered or should have been discovered by the claimant. INSURANCE: SHENANDOAH shall maintain insurance of the types and in the amounts required by law, including, but not limited to Comprehensive General Liability and Workers' compensation insurance. Buyer shall maintain its own liability insurance as required by law, as consistent within industry standards, or as stated in the attached insurance rider, if any, whichever is greater. Buyer shall also purchase and maintain builder's risk, "all risk" or an equivalent policy in the amount of the initial Contract Price. Each party shall provide updated Certificates of Insurance to the other party upon written request. CONSEQUENTIAL DAMAGES: The parties waive their claims against each other for consequential damages. Consequential damages as defined herein include, but are not limited to, the following: damages incurred by the Buyer for rental expenses and losses of use, income, financing, business and productivity; and damages incurred by SHENANDOAH for home office overhead, and losses of business, financing and profits from other potential projects. DISPUTES: If SHENANDOAH incurs costs related to the Buyer's failure to make timely payment or related to any other legal dispute with Buyer related in any way to the Work or the Contract, SHENANDOAH shall be entitled to recover from Buyer all such costs, as are reasonable, including but not limited to attorneys' fees. CONFIDENTIALITY: SHENANDOAH and CUSTOMER shall hold in trust and confidence for each other and shall not disclose to any third party, any confidential information of either party. Confidential information is information which relates to SHENANDOAH's or CUSTOMER's research, development, trade secrets, methodologies, property characteristics, company or business -related information, project proposals, project quotes, contractual terms or business affairs. CUSTOMER hereby acknowledges that during the performance of this AGREEMENT, CUSTOMER may learn or receive SHENANDOAH confidential information and therefore CUSTOMER hereby confirms that all such information relating to the SHENANDOAH's business will be kept confidential by CUSTOMER, except to the extent that such information is required to be divulged to the CUSTOMER's clerical or support staff or associates in order to enable SHENANDOAH to complete the services hereunder. CHAPTER 558, FLORIDA STATUTES: FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558, FLORIDA STATUTES, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND P33612-22596-1719606100.pdf 147 of 223 Order 33612 @ June 28, 2024 Page 5 of 5 PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. This document is the property of Shenandoah General Construction. It is intended only for the use of the individual or entity to which it is addressed and may contain information that is non-public, proprietary, privileged, confidential and exempt from disclosure under applicable law or may constitute as attorney work product. !I y�u a e of the intended recipient, you are hereby notified that any use. dissemination, distribution or copying of this communication of this document is strictly prohibited. }}�bti8La�� received this document in error. notily us immediately by telephone (954) 075-0098 or Email: help@shenandoahus.coni and destroy this document immediately. if this is an 'ASPHALT aviivc 1 = SYSTEMS TO: City of Sebastian- Public Works 1225 Main St Sebastian, FL 32958 772-228-7013 RE: Project proposal Collier Creek Entrance- Asphalt Repair Product Description Units Sumter County Contract DATE: 6/25/2024 FROM: Asphalt Paving Systems, Inc. Kris Shane -East Coast Florida Rep 9021 Wire Road Zephyrhills, FL 33540 Ph: 813-480-1865 Quantity Unit Price Milling of Existing Asphalt SY 267.00 $ 21.25 $ SP 9.5 (1.5" Overlay) TN 23.00 $ 781.57 $ SP9.5 Leveling TN 10.00 $ 781.S7 $ Mobilization LS 3,500.00 $ 1.00 $ MOT Day 2.00 $ 750.00 $ "Remove existing pavement 50ft each side of depression- level area with asphalt then install a 1.5" overlay• "Near intersection of S Easy St and S Wimbrow Dr"' I Respectfully Submitted, Accepted By: Asphalt Paving Systems, Inc. Signature: Zephyrhills, Florida c: 813-480-1865 e: k.shaneaps@gmail.com Date: Total Price I 5,673.75 17,976.11 7,815.70 3,500.00 1,500.00 Total $ 36,465.56 Proposal valid for 30 days. Page 1 of 2 149 of 223 KS PROPN666—IN -- Sebastian- Collier Creek Entrance - $36K—6.25-24.xls . .... 2022.Mill/Overlay Project Street list ITEM SnEETNAME ,FROM •� TO LENGTH ( ..7.TTOT. ..Ts COMMENTS S East St and Wimbrow Dr 100 24 266.67 i � lOO.oO , emu. �.' SPHALT '�AV/NG YSTEMS Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813-480-1865 150 of 223 Page 2 of 2 Ranger PROPOSAL /CONTRACT AGREEMENT . Ranger Construction Industries, Inc Construehon Offices 1645 N. Congress Ave 1200 Elboc Way 4510 Glades Cut Off Rd West Palm Bch, FL 33409 Winter Garden, FL 34787 Fort Pierce, FL 34981 (561)793-9400 (407)656-9255 (772)464-6460 Contact: Loren Ewert Email: loren.ewert@rangerconstruction.com Proposal # 2401033 Quote To: City of Sebastian Bid Date: 01/19/2024 Address: 505 Airport Drive West Project Name: Collier Creek Estates Sebastian, FI 32958 Phone No: (772)633 - 1838 Contact: Robert Robinson III E-Mail Address: RRobinson@CityofSebastian.org Client # I Description MOBILIZATION MAINTAINANCE OF TRAFFIC MILL 2" AVERAGE ASPHALT SP-C 9.5_1" (LEVELING COURSE) ASPHALT SP-C 9.5_1" (FINAL LIFT) STRIPING General Conditions: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Project Number: Addendum: Plans Eng. /Date: Quantity I Unit I Unit Price I Ect Price 1.000 LS $4,610.00 $4,610.00 1.000 LS $2,185.00 $2,185.00 210.000 SY $ 47.75 $9,550.00 210.000 SY $ 48.15 $9,630.00 210.000 SY $ 48.15 $9,630.00 1.000 LS $2,190.00 $2,190.00 Grand Total: $37,795.00 Ranger's proposal including all notes, terms and conditions mentioned here -in must be signed where stated. Should the Owner or Contractor require a form other than Ranger's Contract Agreement, Ranger's full proposal must be referenced as an attachment in the contract and must be signed by an authorized representative of both companies. Unless otherwise indicated in writing, this quotation expires 30 days from date of proposal. This proposal may be extended for additional periods of time, at the sole discretion of Ranger. This proposal was based upon Rangers work to be completed by 06130/2024 regardless of any delays. Should the project fail to be completed by that date, Ranger reserves the right to renegotiate an adjustment to the prices quoted. Ranger's bid was based on up to 1 mobilization for the Asphalt paving operations. Each additional mobilization to be billed at $7,000 each. A mobilization is defined as any time Ranger moves onto the project or is required to move equipment to a different location on the project. If transports are required, a mobilization will be charged. If the project includes any milling, the number of mobilizations for the milling was based on ( ) mobilization. Each additional Mobilization to be billed at $2,500 each. If leveling is required which is not indicated in the plans and requires to be performed in a separate operation, will be billed at a rate of $200 per ton. Asphalt overruns will be billed at a rate of $130.00 per ton. Prices were based on using recycled Asphalt products (RAP) unless otherwise specified. The asphalt thickness is based on average thickness (Not Minimum) unless otherwise specified. Ranger is not an engineering firm. Ranger will not be responsible for any pavement failures which may occur by performing work specified by owner or suggested by Ranger to meet owner's budget. As the original base was designed and previously installed by others, Ranger cannot guarantee this asphalt surfacing against possible future cracking, settlement, drainage problems, minor birdbaths or root heave by adjacent plant material. We do, however, guarantee our own work against all defects in materials and workmanship for a period of one year. If the project consists of multiple lifts of asphalt, retainage shall be released upon completion of first lift of asphalt, if the final lift will not be completed within 30 days or less from completion of previous lift. Cracks in the existing asphalt will reflect through the new asphalt over time New asphalt pavement is subject to scuffing, marking and tire tracks. Ranger is not responsible for these issues. Ranger will not be responsible for "Bird Baths "or Water flow on the project when the design grade is less than 1.0 percent fall. Unless the item is bid as a Lump Sum (LS) item, all prices are per unit and final payment to be based on the actual units of work performed on the project. All monies not paid when due shall bear interest at maximum rate allowed by law. Ranger shall not be responsible for any pre-existing environmental or hazardous conditions. If this project requires special or prevailing wages, unit price may be affected, and this proposal shall be subject to revision. Page 1 of 3 152 of 223 17. Ranger will not be responsible for any damage caused by vibratory rollers required to achieve the required densities on the project. (i.e. broken windows, cracked foundations, structures etc.) 18. Proposal based upon all quoted items being awarded as a package. 19. This quotation and agreement shall be governed by the laws of the State of Florida, without regard to principles of conflicts of laws. Venue of all proceedings shall be in Palm Beach County, Florida and Client waives its rights in selection of venue and hereby consents to jurisdiction. 20. No back charges or claims of the client shall be considered by Ranger, unless presented in writing. Client shall allow Ranger a reasonable opportunity to correct any defect. Failure to do so shall relieve Ranger of any cost obligations thereto. 21. Any changes to this proposal without prior approval from Ranger shall void this proposal. All changes must be initialed by both parties. 22. Ranger will require approximately 1 shifts to complete our work. A shift is defined by working the maximum hours allowed per plan. Any day which Ranger is unable to perform a complete shift, will not count towards the total working shifts needed by Ranger. 23. Any Punch List items must be submitted in writing. No repairs will be made until 90% of the invoice amount has been paid. 24. If quantities are provided by client, pricing may be revised if the work is deemed different than represented at the sole discretion of Ranger. If quantities provided by Client vary by more than 10% from plan, Ranger reserves the right to adjust its unit prices. 25. Ranger shall be provided with suitable access to the work area. If Ranger's work is dependent upon or must be undertaken in conjunction with the work of others, such work shall be performed and completed so as to permit Ranger to perform its work in an uninterrupted single shift operation. Delays to Ranger shall be paid at a rate of $800.00 per hour. 26. Only light sweeping included, no removal of lime rock wedges or heavy sweeping included. 27. Ranger shall not be held responsible for pavement damage due to hydrostatic pressure, solvent/fuel/oil damage, subgrade or base failure, or any other cause not clearly indicating Ranger's negligence. 28. Ranger assumes when contacted by contractor that base/subbase are within specification tolerance, design elevation & cross slope. Ranger will be compensated per unit rate for any overruns due to elevation/ cross slope corrections of no fault of Ranger. 29. If new asphalt is to be laid directly onto existing pavement that has previously been seal coated, Ranger shall not be responsible for pealing/raveling/sliding/delaminating/deterioration of the new asphalt overlay. 30. If an agent and/or attorney is employed by Ranger for collection of any delinquent payment, client agrees to pay in addition to the service charges, all fees for the services of such agent and/or attorney (including but not limited to all fees and cost incident to any appeals) together with all costs, charges and expenses, regardless of whether or not suit is brought. 31. This proposal specifically excludes the acceptance of a "Pay when Paid" payment clause. 32. This proposal specifically excludes acceptance of "flow down" clauses. 33. This proposal specifically excludes acceptance of "off -set" clauses. 34. Ranger will require a minimum of 3 days production for paving operations per mobilization. If areas provided are not conducive to meeting this requirement Ranger reserves the right for additional compensation. 35. This proposal is based on the assumption all corrections regarding settlement issues will be resolved prior to Ranger doing any paving. 36. Ranger will not be held responsible for road failure due to settling after paving is completed. 37. This proposal was based on a full entrance closure and will be subject to change should we not be able to do so. Inclusions: 1. Quality Control Asphalt testing at the Plant is included in the bid. 2. Quality Control testing for the Asphalt Operations in the field is included in the bid. Exclusions: • Survey / Asbuilts • All non -asphalt CQC sampling and testing • Prime & Sand • All Maintenance of Traffic. Prime contractor to provide all MOT (i.e. Flagmen, temp construction signs, barricades, arrow boards, message boards, off duty officers etc.) that may be required for the project. • Any Permits and fees, utility locations or adjustments, asphalt patching, trench cut repairs, temporary or permanent pavement markings or removal of existing or conflicting pavement markings and RPMs, unless specifically listed as a bid item. • The above stated exclusions may not list all items. Unless Ranger's quotation specifically states bid item, it is not included in Ranger's scope of work. • Prior notice to residents of Collier Creek of the entrance closure. • Sidewalk repair • Any rework to areas outside the roadway which include sidewalk/sod/planter areas. Page 2 of 3 153 of 223 Collier Creek Estates / 2401033 Signature Sheet Note: This proposal may be withdrawn by Ranger Construction Industries, Inc. if not signed and received in our offices within 30 days of date of quote. Submitted By: Date: 01/17/2024 Loren Ewert PLEASE SIGN AND RETURN UPON ACCEPTANCE • The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the work specified. • Payment will be made within 10 days of completion and monthly progress payments will be made by the 10'h of the month for work performed the previous month. • In the event that the amount herein shown is not paid when due, interest at the prime rate plus 10% per annum shall accumulate on the total due. • All costs of collection shall be paid by the customer, including reasonable attorney fees. Accepted by Client Authorized Signature: Date Signed: Title: Accepted by Ranger Construction Industries, Inc. Upon execution of this proposal by Ranger Construction Industries, Inc's, authorized agent below, this document becomes a contract. Authorized Signature: Date Signed: Title: Page 3 of 3 154 of 223 Palm day Concrete & Materials Inc 102 E. New Haven Ave 114 Melbourne, FI 32901 321-408-1808 paimbayconcrete@gmail.com Estimate iiRi ES11MAJE 1410 City of Sebastian DATE 06/27/2024 Collier Creek Sidewalk 42x5 DESCRIPTION OTY RATE AMOUNT Concrete Cubic Yard + Fiber 3 202.68 608.04 Sidewalk-4", Form and Pour - Square Foot 210 8.08 1,696.80 Accepted By Accepted Date $2, 304.84 156 of 223 COLLIER CREEK S Easy St Roadway Repair (699 S Easy St - between S Wimbrow Dr and Chello Ave) PROJECT SUMMARY WORK COST Hydro -excavation, Pressure Grout Injection, Removal of Wingwall, and Installation of Guardrail $152,214 Mill and Pave Road $36,465.56 Sidewalk Replacement $2,304.84 TOTALI $190,984 159 of 223 COMPANY 2 COMPANY 3 PROJECT COMPONENTS COMPANY 1 & Cost & Cost & Cost Pressure Grout Injection Wing Wall Removal and Guardrail Milling and Paving Shenandoah (piggyback contract) $40,100 Shenandoah (piggyback contract) $109,580 Asphalt Paving Systems Ranger Tim Rose 36,465.56 $37,795 Non-responsiv 160 of 223 %Joe%, SEBASTIAN (I IIIIMMI�1 (11111�1110M 1/11 7:11 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve purchase orders for Palm Bay Concrete & Materials and A. Thomas Construction not to exceed the cumulative amount of $252,000 for FY2024 driveway culvert work in preparation for roadway rehabilitation and authorize the City Manager or designee to execute the Purchase Order. Recommendation: Approve purchase orders for Palm Bay Concrete & Materials and A. Thomas Construction not to exceed the cumulative amount $252,000 for 2024 driveway culvert work in preparation for roadway rehabilitation and authorize the City Manager or designee to execute the Purchase Order. Background: The city is requesting approval from City Council to proceed with the 2024 Driveway Culvert work. This work includes the removal and replacement of driveway culverts and associated concrete work. Due to elevation issues and failing infrastructure, Public Works has identified 126 driveways requiring replacement. This work has been identified in the preliminary planning of the upcoming road rehabilitation project. The City will use A. Thomas Construction and Palm Bay Concrete & Materials, the vendors under contract for concrete services, to complete the 126 driveways identified. The intent is to allocate $126,000.00 to A. Thomas Construction, and $126,000.00 to Palm Bay Concrete and Materials, to complete approximately 63 driveways each. Quotes will be received for each driveway and pricing will be per the contracted pricing. The City has already completed inspections of all driveways within the designated project zone. Staff is seeking approval to issue a purchase order to A. Thomas Construction and Palm Bay Concrete and Materials, and authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $252,000 Total Cost: $252,000 Funds to Be Utilized for Appropriation: Discretionary Sales Tax and Local Option Gas Tax Funds Attachments: 1. R-24-24 Palm Bay Concrete Piggyback Contract 2. 2024 Updated Driveway Replacements 3. 2022 A. Thomas Contract 4. ITB-22-01 A. Thomas Contract Renewal Administrative Services Department Review: t L-- L v City Attorney Review: T Procurement Division Review, if applicable: City Manager Authorization: /t" Date: 7 �a-o2y 161 of 223 RESOLUTION NO. R-24-24 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH PALM BAY CONCRETE & MATERIALS, INC. FOR THE PURCHASE OF CONCRETE RESTORATION AND EXCAVATIONS; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes and City 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 slate, county or other governmental agencies, commonly known as a "piggyback contract"; and WHEREAS, Palm Bay Concrete & Materials, Inc. has an existing contract with the City of Melbourne effective through March 31, 2025 (with five (5) additional one year renewal terms), attached as "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the concrete curb, sidewalk, driveway, restoration and unclassified excavations; and WHEREAS, the City finds that at this time, it is in the City's best interest to enter into a piggyback agreement with Palm Bay Concrete & Materials, Inc. based on the terms of the contract between Palm Bay Concrete & Materials and the City of Melbourne (a political subdivision of the State of Florida), attached as "Exhibit B," for the purchase of concrete curb, sidewalk, driveway, restoration and unclassified excavations. 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 purchase order to Palm Bay Concrete & Materials, Inc. in an amount not to exceed $15,000, for the purchase of concrete curb, sidewalk, driveway, restoration and unclassified excavations under the Page l of 2 162 of 223 agreement attached hereto as "Exhibit A" through the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. II' any section, sentence, phrase, word, or portion of this Resolution is docrniined 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 con-ccicd 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 Dixon , was seconded by Council Member Jones . and upon being put to a vote, the vote was as follows: Mayor Dodd aye Vice Mayor Dixon aye Council Member Jones aye Council Member McPartlan aye Council Member Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of May 2024. ATTEST. ,d'anert Yancttc Williams, City Clerk r. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA 90.E Ed Dodd, Mayor Approved as to form and Legality: %1 ro Jefer Cockc, Lsq., City Attorney 163 of 223 DocuSign Envelope ID: 16784C4B-B612AD29-8657-87BFA3462EF9 PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND PALM BAY CONCRETE & MATERIALS INC. THIS AGREEMENT made and entered into this 8th day of Mav , 2024, by and between the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 a Florida municipal corporation (CITY) and Palm Bay Concrete & Materials, Inc. (FEIN: 81-3470681) located at 4000 Adams Lane, Malabar, FL 32950, (VENDOR), (PARTIES); WHEREAS, the City of Melbourne has previously entered into a contract with VENDOR to provide Concrete Curb, Sidewalk, Driveway, Restoration, and Unclassified Excavations (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 Melbourne to provide Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations 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 die 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 detennined that in this circumstance, piggybacking onto a contract entered into by the City of Melbourne 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 fi-om April 1, 2024 until March 31, 2025 with five (5) 12-month renewal options. The contract may be renewed by agreement of the parties in writing under the condition the City of Melbourne executes their renewal option. Pagel of 5 164 of 223 DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the City of Melbourne 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: Craig Wilson, President Palm Bay Concrete & Materials, Inc. 102 E New Have Ave #114 Melbourne, FL 32901 4. PUBLIC RECORDS CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 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: JEANETTE WILLIAMS, MMC, CITY CLERK 1225 MAIN ST SEBASTIAN.) FL 32958 (772) 388-8215 JWILLIAMSCR)CI'I'YOFSEBASTIAN.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 Ibllowing completion of the contract if the contractor does not transfer the records to the public agency. Page 2 of 5 165 of 223 DocuSign Envelope ID: 16784C4B-B6124D29-8657-87BFA3462EF9 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 of!; 166 of 223 DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9 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: r lzm _aDOMz"no.,, ATTEST: Oeanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. �Jn ifer D. Cockcrof(, Esq. City Attorney PALM BAY CONCRETE & MATERIALS INC. By: Cra1g 11 ilsan, President Dale: 5/3/2024 1 2:09:11 PM EDT CITY OF SEBASTIAN, FL By- fer Brian Benton, City Manager Date: S/ 9 I aoay Page 4 of 5 167 of 223 DocuSign Envelope ID: 16784C4B-B6124D29-8657-87BFA3462EF9 EXHIBIT A Citv of Melbourne agreement with Palm Bav Concrete & Materials Inc Page 5 of 5 168 of 223 y c)� MelbournCite' The llai-bor (334y Procurement Division • 900 E. Strawbridge Avenue • Melbourne, Florida 32901 . (321) 608.7062 • Fax (321) 608-7070 PURCHASE AGREEMENT FOR SERVICES Concrete Curb, Sidewalk. Drivewav, Restoration and Unclassified Excavations This PURCHASE AGREEMENT FOR SERVICES — Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations (this "Contract") is entered into by and between the City of Melbourne, Florida, hereinafter referred to as the CITY, and Palm Bay Concrete & Materials Inc., a Florida Limited Liability Company, whose mailing address is 102 E. New Haven Ave #114, Melbourne, FL 32901 hereinafter referred to as the PRIMARY CONTRACTOR. CITY PROCUREMENT CONTACT Procurement Division Deena MacDavilt, Senior Buyer 900 E. Strawbridge Ave, Melbourne, FL 32901 deena.macdavittarri bfl.cra P: 321-608-7063 / F:321-608-7070 CITY DEPARTMENT CONTACT: Public Works and Utilities Department Nicholas Coster, Utility Operations Assistant Superintendent City of Melbourne 2895 Harper Road, Melbourne, FL 32904 nicholas.coster(a)MLBFL.orq P: 321-608-5100 / F:321-608-5105 CONTRACTOR CONTACT: Palm Bay Concrete & Materials Inc. Craig Wilson - President 102 E. New Haven Ave #114, Melbourne, FL 32901 pal mbaycorlcrete@gmail.com P: 321-408-1808 This Contract consists of the following documents: (Mark "X" where applicable) ❑X Exhibit A: Standard Terms and Conditions of Purchase Agreement — Services (Std Version 08/23/23) ® Exhibit Al. Statement of Work ® Exhibit A2. Performance Standards ❑ Exhibit A3. Maintenance Agreement Z Exhibit A4. Pricing Schedule Exhibit B: Supplemental Provisions ❑ Exhibit C: Federal Compliance Provisions Exhibit D: Bid Specifications Z Exhibit D1: Invitation to Bid # ITB-B24005D-0-2024/DM, as modified by addenda (the "ITB") ❑ Exhibit D2: Request for Proposal # RFP , as modified by addenda (the "RFP") ❑ Exhibit D3: CONTRACTOR's Responsive Bid dated January 18. 2024, but only to the extent responsive to CITY's ITB or RFP, as the case may be (the "Bid") CITY may purchase and CONTRACTOR shall sell the Services (and Items incidental thereto) as described in Exhibit Al at prices specified in Exhibit A4, in accordance with the terms and conditions of this Contract and the documents marked above as Exhibits, all incorporated herein by reference. This Contract commences on April 1. 2024 (the "Commencement Date"), subject to the Effective Date. This Contract expires on March 31. 2025 (the "Expiration Date") and is ❑ not renewable 0 is renewable for up to five (5) one-year additional terms CITY: CITY OF MELBOURNE, a Florida mu icipal corporation Jenni L mb, City IMadatI14 I Date ATTEST: Kevin Mc eotfvn, CIV Clerk Citv Use Oniv Initial Method or Procurement (mark): ❑ITB # _-- -- B2rI0DS'I�-d-&-a Y ❑RFP # (Exception: CONTRACTOR: PALM BAY CONCRETE & MATERIALS INC. a Flor' a Corporation r U Sign t / Na�/� l.C�a /_rO� Dato .11 me:e: Title: / 3 Commencement Date: Note. Out cuecneo no earter than test of ttc parties to osocuto Expiration Dale: Renewal: ❑No Cayes: Council Approval Dale: S' terms ❑Not A pIicable Concrete Curb, Sidewalk Driveway, Restoration and Unclassified Excavations Page t of 117 City of Melbourne & Paltn Hay Concrete & Materials. Inc. 16�ori 3W Slid Version 823/2023 Services EXHIBIT A STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT - SERVICES 1. DEFINITIONS A. 'Item(s)' means any goods or items, including intellectual property, provided by CONTRACTOR Incidental to the Services. B. 'Hazardous Materials' are or contain dangerous goods, chemicals, contaminants, substances, pollutants, or any other materials that are defined as hazardous by relevant local, state, national, or International law, regulations, and standards. C. 'Purchase Order' Is CITY's document setting forth specific Services to be rendered and Order Information. D. 'Order' means CITY's authorization for CONTRACTOR to provide the Services defined In accordance with the CITY's Purchase Order sent to CONTRACTOR. E. 'Service(s)' means the work which CONTRACTOR is to perform for CITY as set forth In Exhibit Al in compliance with the Performance Standards of Exhibit A2 and the Maintenance Agreement of Exhibit A3. F. 'Expiration Date" Is defined as set forth on the first page of this Contract. 2. TERM OF AGREEMENT The term of this Contract shall begin on the Effective Date, and continue to the Expiration Date. The Effective Date of this Contract shall be the date of the last of the parties to sign, unless otherwise stated. If this Contract Is renewable, it shall only be renewed at CITY's sole discretion. 3. PRICING A. Prices set forth on Exhibit A4 shall remain fixed for the duration of this Contract except as provided herein. B. The price charged CITY for any Service shall always be CONTRACTOR's lowest price charged any customerforthat equivalent Service regardless of any special terms, conditions, rebates, or allowances of any nature. If CONTRACTOR sells any Service to any customer at a price less than that set forth herein, CONTRACTOR shall adjust its price to the lower price for any un-Invoiced Service and for all future Invoices for such Service. For purposes of comparing price under this Paragraph, the price and/or conversion costs of Services shall include those CONTRACTOR cost components which are generic to the Services as compared to other similar services generally provided by CONTRACTOR. Such comparison shall be made to the extent Services have similar characteristics, such as labor rates, turnkey material costs, storage expenses, or other specific comparison criteria agreed upon by the parties. C. In the event CONTRACTOR offers a lower price, either as a general price drop or only to some customers) for any reason, CONTRACTOR shell immediately Inform CITY of this price and rebate to CITY an amount equal to the difference in the price paid by CiTY and the lower price for all such Services provided during the preceding thirty (30) days. D. All Applicable taxes and other charges such as duties, customs, tariffs, Imposts, and government Imposed surcharges paid by CONTRACTOR shall be stated separately on CONTRACTOR's Invoice and bome by CONTRACTOR. In the event that CITY Is prohibited by law from remitting payments to the CONTRACTOR unless CITY deducts or withholds taxes therefrom on behalf of the local taxing jurisdiction, then CITY shall duly withhold such taxes and shall remll the remaining net Invoice amount to the CONTRACTOR. CITY shall not reimburse CONTRACTOR for the amount of such taxes withheld. E. The purchase of equipment, materials, and/or service by the CITY may be exempt from the payment of excise, transportation and sales tax imposed by the federal, state and/or other city governments. Upon request, applicable federal excise exemption certificates will be furnished to CONTRACTOR. F. Additional costs including such taxes, surcharges and delivery costs, except those described on Exhibit A4, will not be paid or reimbursed without CITY's prior written approval. G. CiTY reserves the right to have CONTRACTOR's records Inspected and audited to ensure compliance with this Contract. At CITY's option or upon CONTRACTOR's written demand, such audit will be performed by an Independent third party at CITY's expense. However, If CONTRACTOR Is found to not be complying with this Contract in any way. CONTRACTOR shall reimburse CITY for all costs associated with the audit, along with any discrepancies discovered, within thirty (30) days after completion of the audit. The results of such audit shall be kept confidential by the auditor to the extent allowed by law and, If conducted by a third party, only CONTRACTOR's failures to abide by the obligations of this Contract shall be reported to CiTY. 4. INVOICING AND PAYMENT A. Payment for Services as specified in the contract shall be processed promptly after performance of Services and after receipt of property prepared Involce(s). Original Invoices shall be submitted and shall Include: purchase agreement number from the Purchase Order, purchase order number, line Item number, Order number, part number, complete bill to address, description of Services, quantities, unit price, extended totals, and any applicable taxes or other charges. For payment, Contractor must render original Invoice to the City of Melbourne, Accounts Payable Division, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. CONTRACTOR shall be responsible for and hold the CITY harmless for any and all payments to CONTRACTOR's vendors or subcontractors utifized In the performance of the Services. C. Discounts for prompt payment will not be considered in bid evaluations, unless otherwise specified. Offered discounts, however, will be taken if payment Is made within the discount period. D. Payment is made when CITY's check is mailed or EDI funds transfer initiated. E. CITY is a local governmental entity subject to the local Government Prompt Payment Act, §218.70, at seq., Fla. Slat. and payment by CITY shall be made In compliance with said Act. Late charges may be assessed subject to said Act but only to the extent set forth in this Contract. F. No payments shall be made In advance of acceptance of services not covered under this Contract nor for Services not acceptable to CITY. G. CONTRACTOR agrees to Invoice CITY no later than sixty (60) days after performance of Services. CITY will not be obligated to make payment against any Invoices submitted after such period. H. Payment by the CITY shall be subject to approval and acceptance of Services by CITY. Notwithstanding the foregoing, CITY's payment shall not constitute acceptance. 5. NON -APPROPRIATION — Ail funds for payment by CITY under this Contract are subject to the availability of an annual appropriation for this purpose by the Melbourne City Council. In the event of non -appropriation of funds by the Melbourne City Council for the Services provided under this Contract. CITY will terminate this Contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then - current year for the Services covered by this Contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Contract, CONTRACTOR on thirty (30) days prior written notice shall accept cancellation, but failure to give such notice shall be of no effect and CITY shall not be obligated under this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne 8 Palm Bay Concrete & Materials, Inc. Page 2 of 17 178A4ZQP beyond the date of termination. 6. NOWEXCLUSIViTY The right to provide the Services, which will be granted under this Contract, shall not be exclusive. The CITY reserves the right to competitively bid any Services from another provider when it is In the best interest of CITY. 7. TERMINATION A. CITY may terminate this Contract or any Purchase Order Issued, or any part thereof, at any time for Its sole convenience by giving thirty (30) days written notice of termination to CONTRACTOR. B. CITY may terminate this Contract upon written notice to CONTRACTOR In the event CONTRACTOR defaults on any of the terms and conditions of this Contract and such failure continues for a period of fifteen (15) days following notice from CITY specifying the default. C. Notwithstanding the foregoing, CITY may Immediately terminate this Contract, without providing CONTRACTOR with notice of default or an opportunity to cure, If CITY determines that CONTRACTOR has felled to comply with any of the terms and conditions of this Contract related to safety, indemnification or Insurance coverage. D. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate this Contract by providing written notice to CONTRACTOR but without an opportunity to cure if CITY determines CONTRACTOR knowingly fumished any statement, representation, warranty or certification In connection with the solicitation of CONTRACTOR's bid or this Contract, which representation was materially false, deceptive, incorrect, or Incomplete. E. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate the contract by providing written notice to CONTRACTOR If the State of Florida or the federal government enacts a law, which removes or restricts the authority of CITY to conduct all or part of its function. F. Upon receipt of such notice of termination, CONTRACTOR shall: (1) discontinue the terminated work In accordance with CITY's instructions, (2) thereafter perform only such portion of the work not terminated, (3) not place further orders or enter into further subcontracts for Services relating to this Contract, and (4) terminate all existing orders and subcontracts Insofar as such orders and subcontracts relate to the performance of this Contract. G. There shall be no termination charges for Services not yet provided. The CITY will be responsible for payment of authorized Services already provided by CONTRACTOR but not yet invoiced, provided such Services have been approved by the CITY. Upon payment of CONTRACTOR's claims, the CITY shall be entitled to all work and materials paid for. H. Before assuming any payment obligation under this section, the CITY may inspect CONTRACTOR's work In process and audit all relevant documents prior to paying CONTRACTOR's invoice. I. There shall be no charges for termination of orders for Services. Notwithstanding anything to the contrary, CONTRACTOR shall not be compensated In any way for any work done after receipt of CITY's notice, nor for any costs Incurred by CONTRACTOR's suppliers or subcontractors after CONTRACTOR receives the notice, nor for any costs CONTRACTOR could reasonably have avoided. J. Notwithstanding anything else In this Contract, failure to meet the performance date(s) In this Contract shall be considered a material breach of contract and shall allow CITY to terminate the order for the Services and/or any subsequent Orders in the Purchaso Order without any liability. 8. FORCE MAJEURE Neither party shall be responsible for its failure to perform due to causes beyond its reasonable control such as acts of God, fire, theft, war, riot, embargoes, or acts of civil or military authorities. If Services are to be delayed by such contingencies. CONTRACTOR shall Immediately notify CITY In writing and CITY may either: (1) extend time of performance; or (11) terminate all or part of the uncompleted portion of the Purchase Order at no cost to CITY. 9. SCHEDULING AND ORDERS A. CONTRACTOR shall promptly perform Services as scheduled or shall promptly notify the CITY If unable to perform any scheduled Services and shall state the reasons. B. CITY mayplace any portion of an Orderon hold by notice which shall take effect Immediately upon receipt. Orders placed on hold will be rescheduled or canceled within a reasonable time. C. CITY shall have no obligation with respect to the purchase of Services under this Contract until such Services are specified In an Issued Purchase Order. D. CONTRACTOR, in performing work under this Contract, shall provide and maintain during the life of this Contract, equipment and staff sufficient in number, condition and capacity to efficiently perform the work and provide the Services required by this Contract. 10. WARRANTY A. CONTRACTOR represents and warrants that all Services provided shall be performed In a workmanlike and competent manner in accordance with the highest professional standards In CONTRACTOR's trade or industry, and shall meet the descriptions and specifications provided on Exhibit Al and the performance standards stated in Exhibit A2. CITY may inspect and test all Items and review Services at reasonable times in such manner as shall not unreasonably hinder or delay CONTRACTOR's performance. All Items and Services shall be received subject to CITY's inspection, testing, approval, and acceptance at CITY's premises notwithstanding any Inspection or testing at CONTRACTOR's premises or any prior payment for such Services. Items rejected by CITY as not conforming to this Contract or specifications, whether provided by CITY or fumished with the Item, may be returned to CONTRACTOR at CONTRACTOR's risk and expense and, at CITY's request, shall Immediately be repaired or replaced. B. CONTRACTOR makes the following warranties regarding Items fumished hereunder, which shall survive any delivery, Inspection, acceptance, payment, or resale of the Services and Items: (i) Items will not Infringe any party's Intellectual property rights; (ii) CONTRACTOR has the necessary right, title, and Interest to provide said Items to CITY, and the Items will be free of liens and encumbrances; ¢il) Items are new, and of (he grade and quality specified,. Qv) Items are free from defects In workmanship and material, conform to all samples, drawings, descriptions, and specifications fumished or published by CONTRACTOR, and to any other agreed -to specifications; and (v) Items conform to the manufacturing quality provisions set forth In Exhibit A2. C. If CONTRACTOR breaches any of the foregoing warranties, or Items are otherwise non -conforming, during a period of three (3) years after CITY's acceptance of Services, CONTRACTOR shall, at CITY's option, (€) promptly correct any non -conforming or defective workmanship at no additional cost to the CITY; or (it) CONTRACTOR shell promptly repair, replace, or refund the amount paid for such Items and Services; and (III) shall pay to CITY all incidental and consequential damages arising from breach of the foregoing warranties. CONTRACTOR shall bear (he cost of shipping and risk of loss of all defective or non- conforming Items while In transit. Notwithstanding the foregoing, the parties agree that the term of the manufacturer's standard warranty shall apply to all manufacturing defects. 11. INDEPENDENT CONTRACTOR In performing Services under this Contract, CONTRACTOR Is an independent contractor and Its personnel and other representatives shall not act as nor be agents or employees of the CITY. As an Independent contractor, CONTRACTOR will be solely responsible for determining the means and methods for performing the required Services. CONTRACTOR shall have complete charge and responsibility for personnel employed by CONTRACTOR; however, the CITY reserves the Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 3 of 17 171�(i N4 right to Instruct CONTRACTOR to remove from the CITY's premises immediately any of CONTRACTOR's personnel who are In breach of Paragraph 17 herein. Such removal shall not relieve CONTRACTOR's obligation to provide Services under this Contract. 12. SECURITY CONTRACTOR confirms that employees of CONTRACTOR performing work at the CITY's facilities have no record of criminal convictions Involving drugs, assault or combative behavior, or theft within the last five years. CONTRACTOR understands that such employees may be subject to criminal history Investigations by the CITY at the CITY's expense and may be denied access to the CITY's facilities if any such criminal convictions are discovered. 13. OWNERSHIP AND BAILMENT RESPONSIBILITIES A. Any specifications, drawings, schematics, technical Information, data, tools, dies, patterns, masks, gauges, computers, lest equipment, and other materials fumished or paid for by CITY shall: (I) remain or become the CITY's property; (11) be used by CONTRACTOR exclusively for CITY's orders; (tit) be clearly marked as CITY's properly and segregated when not in use; (iv) be kept in good working condition at CONTRACTOR's expense; and (v) be shipped to CITY promptly on demand. B. CONTRACTOR shall insure CITY's personal property and be liable for loss or damage while in CONTRACTOR's possession or control, ordinary wear and tear excepted. 14. ASSIGNMENT OF INTELLECTUAL PROPERTY CONTRACTOR hereby assigns to CITY all right, title, and interest to all Intellectual property created by the CONTRACTOR arising out oforulilized by the CONTRACTOR In the performance of this Contract and the ownership of the Intellectual property shall be vested solely In the CITY. In respect to copyrights, this assignment shell be effective for the entire duration of the copyrights and shall Include, but not be limiled to, all rights to derivative works. The CONTRACTOR waives all rights of attribution and integrity for specific works created by CONTRACTOR under this Contract. 15. INTELLECTUAL PROPERTY INDEMNIFICATION CONTRACTOR shall defend, Indemnify, and hold CITY and its employees, officers, agents, representatives, and subcontractors harmless from any costs, expenses (including reasonable attorneys' fees), losses, damages, or liabilities incurred because of actual or alleged Infringement of any patent, copyright, trade secret, trademark, maskwork, or other Intellectual property right, arising out of the use or sate of Items or CONTRACTOR's Services. If an injunction Issues as a result of any such clalm or action, CONTRACTOR agrees at CONTRACTOR's expense and CITY's option to either: (1) procure the right to continue using Items; (il) replace them with non -Infringing Items; (ifi) modify them so they become non - Infringing; or (iv) refund to the CITY the amount paid for any Items returned to CONTRACTOR or for any Item destroyed and for Services connected therewith. 16. GENERAL INDEMNIFICATION CONTRACTOR shall, to the fullest extent permitted by law, protect, defend, indemnify, and hold CITY and its employees, officers, agents, representatives, and subcontractors harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments, and the associated costs and expenses (including attorney's fees), which may hereafter Incur, become responsible for, or pay out as o result of; death or personal Injury (including bodily injury) to any person, destruction or damage to any property, contamination of or adverse effects on the environment, and any clean up costs in connection therewith, or any violation of law, governmental regulation or orders, to the extent caused by (1) CONTRACTOR's breach of any term or provision of this Contract; (11) any negligent or willful acts, errors, or omissions by CONTRACTOR, Its employees, officers, agents, representatives, or subcontractors in the performance of this Contract; or (Ili) dangerous defects In Items. In agreeing to this paragraph the CITY does not intend to alter, extend or waive any defense of sovereign Immunity to which It may be entitled under the Florida Constitution, §768.28, Fla. Slat. or otherwise provided. 17. COMPLIANCE WITH LAWS A. CONTRACTOR shall comply with all national, slate, and local laws and regulations governing the manufacture, transportation, andlor sate of Items and/or the performance of services in the course of this Contract. Lack of knowledge by CONTRACTOR shall in no way be cause for relief from responsibility. These may Include, but are not limited to, Department of Commerce, Environmental Protection Agency, and Department of Transportation regulations applicable to Hazardous Materials and all Immigration, employment and labor laws governing CONTRACTOR's personnel providing Services to the CITY. B. CONTRACTOR represents and warrants that it Is in compliance with Equal Employment Opportunity regulations, unless exempted or inapplicable. C. CONTRACTOR represents and warrants that the Items supplied and Services provided to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended. Upon request of CITY. CONTRACTOR shall provide copies of CONTRACTOR's OSHA 300 safety logs (summaries only) and the safety logs (summaries only) of CONTRACTOR's subcontractors for the past twenty-four (24) months. D. CITY actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States. The employer must verify the Identity and employment eligibility of anyone to be hired, which Includes completing the Employment Eligibility Verification Form (1-9). CONTRACTOR shall establish appropriate procedures and controls so no services or products under this Contract will be performed or manufactured by any worker who Is not legally eligible to perform such services or employment. CONTRACTOR shall register with the E-Verify system operated by the United Stales Department of Homeland Security and shall verify through the E-Verify system the employment eligibility of persons providing labor, supplies or services in exchange for salary, wages or other remuneration as required by §448.095. Fla. Slat. Notwithstanding anything to the contrary in this Contract, the CITY reserves the right to terminate this Contract In accordance with §448.095, Fla. Stat E. Public Entity Crimes Statement. CONTRACTOR represents and warrants that is not listed on the State of Florida's convicted vendor listing established under the provisions of §287.133. Fla. Slat., whereby the Stale of Florida maintains a convicted vendor listing which excludes those listed suppliers from bid submittal for a period of thirty-six (36) months. CONTRACTOR acknowledges the continuous duty to disclose to the CITY if CONTRACTOR or any of Its affiliates are placed on the convicted vendor list. F. CONTRACTOR shall maintain, for the duration of this Contract, all valid licenses and certificates required for the performance of work and Services and provision of Items. G. Scrutinized Companies. Subject to Odebrecht Construction, Inc., v. Prasad and Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation and their progeny, as applicable, CONTRACTOR certifies that it (a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged In a boycott of Israel; (b) has not been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List; and ® has not been engaged In business operations In Cuba or Syria in violation of §287.135, Fla. Slat. If the CITY determines that CONTRACTOR has falsely certified facts under this sub -paragraph or If CONTRACTOR Is found to have been placed on the Scrutinized Companies Lists or is engaged In a boycott of Israel after execution of this Contract, CITY will have all rights and remedies to terminate this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Say Concrete & Materials, Inc. Page 4 of 17 1724i3rf7 �434 consistent §287.135, Fla. Stat. CITY reserves all rights to waive certifications required by this paragraph on a case -by -case exception basis pursuant to §287.135. Fla. Stat.. H. Foreign Gifts and Contracts. CONTRACTOR must comply with any applicable disclosure requirements in §286.101, Fla. Stat. I. Foreign Country of Concern. CONTRACTOR represents and warrants that It is not an entity that gives or will give access to an Individual's personal Identifying information in violation of §287.138, Fla. Stat. J. Environmental and Social Government and Corporate Activism. Pursuant to §287.05701. Fla. Stat., CITY cannot give preference to a vendor based on social, political or ideologic Interests as set forth therein. Violations of this restriction will result in termination of this Contract and may result In administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. K. CONTRACTOR agrees to abide by all of CITY's rules and regulations while on CITY's premises or performing Services Including, but not limited to, safety, health and Hazardous Material management rules, and rules prohibiting misconduct on CITY's premises such as use of physical aggression against persons or property, harassment, and theft. CONTRACTOR will perform only those Services identified on Exhibit At and will work only in areas designated for such Services. CONTRACTOR shall lake all reasonable precautions to ensure safe working procedures and conditions for performance on CITY's premises and shall keep CITY's site neat and free from debris. L. Failure to comply with this Paragraph shall be considered a breach of contract. 18. RETENTION AND AUDIT A. CONTRACTOR understands and agrees that CITY is a public entity subject to the Florida Public Records Law and, as such, CONTRACTOR agrees to retain public records, and upon request by CiTY provide to CITY those public records requested, which retention and access shall be pursuant to Chapter 119, Fla. Stat.. B. The CITY reserves the right to audit the records of CONTRACTOR for the Services and Items provided under this Contract at any time during the performance and term of this Contract and for a period of five (5) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to Inspect. examine and review the records of CONTRACTOR in relation to this Contract at any and all times during normal business hours during the term of this Contract. Records relating to the performance of this Contract shall be made available to CITY for audit upon reasonable notice. C. A request to inspect or copy public records relating to this Contract for Services must be made directly to the CiTY and CONTRACTOR shall not release a public record In response to a request arising from anyone other then the CITY. D. To the extent CONTRACTOR Is "acting on behalf of the CITY' CONTRACTOR shall be subject to the following provisions: (I) As required by §119.0701, Fla. Slat., CONTRACTOR shall (1) Keep and maintain public records required by the CITY to perform the Services. (2) Upon request from the CITY, provide the City with a copy of the requested records or allow the records to be Inspected or copled within a reasonable time at a cost that does not exceed the cost provided by law. (3) Ensure that public records are exempt or confidential and exempt from public records disdosure requirements that aro not disclosed except as authorized by law for the duration of the Contract and following completion of the Contract If the CONTRACTOR does not transfer the records to the CITY. (A) Upon completion of the Contract, transfer, at no cost, to the CITY all public records In possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the Service. If the CONTRACTOR transfers all public records to the CITY 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 CITY, upon request from the CITY's custodian of public records, In a formal that Is compatible with the Information technology systems of the CITY. Cc) The CONTRACTOR who fails to produce the public records as required by §119.0701, Fla. Stal. may be subject to penalties pursuant to §119.10. Fla. Slat. and civil action pursuant to §119.0701(4) and such failure to produce shall be considered a material breach of this Contract by CONTRACTOR. In the event of such breach, in addition to all other remedies available. CONTRACTOR shall pay to CITY all Incidental and consequential damages arising from such breach, including atiomeys' tees and costs Incurred by the CITY In defending a public records action as well as those assessed against the CITY In such public records action. @1) The term "public record' as used in this section includes all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, date processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received pursuant to taw or ordinance and in connection with the transaction of official businessby or on behalf of the CITY. Guidance as to whether something Is a 'public record,' whether the public record Is confidential or exempt, and the applicability or implementation of the provisions of Florida public records law, may besought fromtheCITY's City Attorney's Office or the City Clerk's Office; provided that the CONTRACTOR hereby agrees that neither the City Attorney's Office northe City Clerk's Office Is providing legal orotheradvlce to be relied upon by CONTRACTOR. 19. MERGER, MODIFICATION, WAIVER, AND REMEDIES A. This Contract contains the entire understanding between the CITY and CONTRACTOR with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous agreements, dealings and negotiations. No modification, alteration, or amendment shall be effective unless made In writing, dated and signed by duly authorized representatives of both parties. Any additional or different terms In CONTRACTOR'S documents are deemed to be material alterations and notice of objection to and rejection of them is hereby given. B. CONTRACTOR shall not substitute the Items. C. In the event of any conflict between or among this Contract or any ambiguity or missing specifications or instruction, the following priority Is established: • First, the "Supplemental Provisions' set forth as Exhibit B to the Contract; • Second, the "Federal Provisions" set forth as Exhibit C to the Contract; • Third, these 'Standard Terms and Conditions of Purchase Agreement — Services" Incorporated by reference into the Contract. • Fourth, CITY's Invitation to Bid or CITY's Request for Proposal, as the case may be, with supporting addenda and CONTRACTOR' bid but only to the extent responsive to CITY's request, collectively set forth as Exhibit D to the Contract. D. No waiver of any breach hereof shall be held to be a waiver of any other or subsequent breach. E. CITY's rights and remedies herein are in addition to any other rights and remedies provided by law or In equity. F. If any provision of this Contract is determined by a court of competent jurisdiction to be Invalid. Illegal. or unenforceable, such determination shall not affect the validity of the remaining provisions unless CITY determines In Its discretion that the court's determination causes this Contract to fail in any of its essential purposes. G. Notwithstanding anything else contained in this Contract, CITY and CONTRACTOR specifically agree that failure to perform certain obligations undertaken In connection with this Contract would cause irreparable damage, and that monetary damages Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 5 of 17 173 April024 would not provide an adequate remedy in such event. The Parties further agree that CONTRACTOR's (allure to complete performance of the Services called for In this Contract or on any project Ordered under this Contract, or failure to perform or effect performance of Services as contracted are such certain obligations. Accordingly, It Is agreed that, in addition to any other remedy to which the non -breaching party may be entitled, at low or In equity, the non -breaching party shall be entltled to an order of specific performance to compel performance of such obligations. 20. DISPUTES In case of dispute arising under this Contract between the parties, the decision of the CITY of Melbourne shall be final and binding of both parties. 21. ASSIGNMENT; SUBCONTRACTORS CONTRACTOR may neither assign nor factor any rights In nor delegate any obligations under this Contract or any portion thereof without the written consentof the CITY. CITY may cancel this Contract for cause should CONTRACTOR attempt to make an unauthorized assignment of any right or obligation arising hereunder. This Contract may be amended only in writing signed by CONTRACTOR and CITY and subject to with the some degree of formality evidenced in this Contract. Nothing contained in this Contract will be construed as establishing any contractual relationship between CITY and any subcontractor of CONTRACTOR. CONTRACTOR will be fully responsible to CITY for the acts and omissions of the CONTRACTOR's subcontractor(s) and their employees. When subcontracting is allowed, any changes in subcontractors shall require prior written approval by the CITY. 22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES CITY encourages and agrees to CONTRACTOR extending the pricing, terms and conditions of this Contract to other governmental entities at the discretion of CONTRACTOR. 23. APPLICABLE LAW This Contract Is to be construed and Interpreted according to the laws of the State of Florida and all legal proceedings regarding this Contract shall be filed in Brevard County, Florida. 24. HEADINGS The headings provided In this Contract are for convenience only and shall not be used In Interpreting or construing this Contract. 25. SURVIVAL The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13 (Ownership and Ballmenl).14 (Assignment of Intellectual Property), 15 (Intellectual Property Indemnification), 16 (General Indemnification), 18 (Retention and Audit), 19 (Merger, Modification, Waiver and Remedies), 20 (Disputes), 23 (Applicable Law), 24 (Headings), and 25 (Survival), and, as applicable, Exhibit Al (Product Description and Statement of Work), Exhibit A2 (Performance Standards), Exhibit A3 (Maintenance Agreement except for Technical Support which expires or terminates), Exhibit C (Federal Compliance Provisions), all of which will survive any termination or expiration of this Contract. 26. TIME Time Is of the essence in the performance of this Contract. 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 AS FOLLOWS: City Clerk 900 East Strawbridge Avenue Melbourne, Florida 32901 Telephone: 321-608-7220 Email: offCitv.Clerk a,MLBFL.org THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk. Driveway. Restoration and Unclassified Excavations Page 6 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. i 74ap#g934 EXHIBIT Al STATEMENT OF WORK Awarded BIDDER (hereinafter referred to as the "CONTRACTOR") shall furnish and deliver all Services (and Items incidental thereto) set forth herein, in compliance with the Performance Standards/Quality Requirements of Exhibit A2. GENERAL DESCRIPTION CONTRACTOR shall furnish all labor, materials, equipment, supervision and transportation necessary for as needed concrete restoration. It. GENERAL A. CONTRACTOR shall have full and direct responsibility for the performance and completion of work under the awarded contract and for any act or neglect of the CONTRACTOR, his agents and employees. He/She shall bear all losses, If any, resulting on account of the amount and character of the work, or because the conditions under which the work must be done are different from what were estimated or anticipated by him/her, or because of weather, floods, elements or other causes. B. CONTRACTOR must have sufficient manpower and equipment to be able to respond as outlined in these bid specifications. The unit price shall include maintenance of traffic (MOT) as required by all City, County and Florida Department of Transportation (FDOT) regulations. If MOT is not correctly set up, City shall have the right to stop work until MOT is correct. This will be done at no additional cost to the CITY. C. CONTRACTOR must have proprietary rights to a Volumetric Mobile Concrete Mixer Truck that carries a minimum truck size load capacity of 9 cubic yards and allocated materials on site, i.e. cement, water, sand, stone, and fiber mix etc. to ensure a 9 cubic yard load and timely response for standard and/or emergency operations. D. CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. E. CONTRACTOR hereby agrees to complete assigned work orders within two (2) weeks for sidewalks and curbing, and one (1) week to complete driveways and aprons, subject to such extensions of time are provided by general and special conditions. Failure to complete assigned work orders in a timely manner may result in the termination of the purchase order/contract. F. CONTRACTOR shall fully comply with all local, State, and Federal laws, including all codes, ordinance and regulations applicable to this contract and work to be done thereunder, which exist or which may be enacted later by governmental bodies having jurisdiction or authority for such enactment. G. During performance and up until the date of final acceptance, the CONTRACTOR shall be under the absolute obligation to protect the finished work against any damage. In the event such damage, the CONTRACTOR shall promptly replace or repair such work, whichever the City shall determine to be preferable. All risk of loss or damage to the work shall be bome solely by the CONTRACTOR until final completion and acceptance of all work by the City. H. CONTRACTOR shall be responsible to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect persons and property while said persons or property are approaching or leaving the work site or any area adjacent to the said work site. No separate/additional compensation shall be paid to the CONTRACTOR for the Installation or maintenance of any warning devices, barricades, lights, signs and other precautionary measure required by law. Concrete Curb, Sidewalk, Driveway, Restoration and unclassified Excavations Page 7 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 17�1gy?9? 4 I. Work under the awarded contract includes the CONTRACTOR being responsible for removing all form work and cleanup of the work area, including backfill and compaction to the satisfaction of the CITY. J. CONTRACTOR shall provide and maintain during the life of the awarded contract, equipment sufficient in number, condition and capacity to efficiently perform the work required by the awarded contract. All company vehicles must be maintained In good repair, appearance, and sanitary condition at all times. The CITY reserves the right to inspect the CONTRACTOR'S equipment at any time to ascertain said condition. K. CONTRACTOR must provide a company asset list including pictures of Volumetric Mobile Mixer Truck(s), Vehicle Identification Number(s) and License Plate Numbers at time of bid submittal. Vehicles shall be marked with the Company logo and the logo shall contain the company name and contact number. Logo shall be readable and visible to the public. L. CONTRACTOR employees should be neat in appearance, be identifiable as company employees and wear appropriate safety gear at all times. M. The CITY may terminate contract if CONTRACTOR persistently falls to perform the work in accordance with the contract documents including but not limited to failure to supply sufficient skilled workers, suitable materials, and equipment or otherwise violates in any substantial way any provisions of the contract documents. The CITY shall have the right to terminate said agreement by giving the CONTRACTOR ten (10) days written notice and terminate the services of the CONTRACTOR from the site and take possession of the work. The CITY will determine in its sole judgment what constitutes a satisfactory level of service. N. CONTRACTOR shall coordinate with business/property owner(s) prior to beginning of any work that requires closing or replacing driveways. III. SCOPE OF WORK A. Concrete sidewalk a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4", 6"or 8" thick as required). e. CONTRACTOR shall finish to match existing sidewalk, including fill as necessary. f. CITY shall provide CONTRACTOR the truncated dome detectable warning mats for installation by CONTRACTOR. Installation of detectable warning mats shall be in accordance with Section 527-3 of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2010 and Index 304 of the FDOT Design Standards, 2008. (Or latest version.) B. Concrete curb (Miami and "F" j a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall set forms to finish grade. c. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete. d. CONTRACTOR shall finish to match existing curbing, including fill as necessary. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 8 of 17 City of Melboume 8 Palm Bay Concrete 8 Materials, Inc. i 7061-2 C. Concrete drivewav a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4" or 6" thick as required.) e. CONTRACTOR shall finish to match existing driveway, including fill as necessary. CONTRACTOR shall finish to match existing concrete retaining wall, including fill as necessary. D. Unclassified Excavations Unclassified excavations is defined as any material required to be removed prior to the concrete work commencing at a location. This may include, but is not limited to dirt, sand, rock and lime rock. E. Forms Forms shall be set to finished grade and line shall be securely staked to prevent displacement during placing of concrete. Forms may be set off from the original line to provide room for existing trees as directed by the CITY. There will be no additional charge for changing original line of sidewalk. Subgrade and forms shall be thoroughly watered immediately prior to placing of concrete. After forms are pulled, a clean top soil shall be used as a backfill. All excavated areas and voids adjacent to concrete work shall be completely backfilled and compacted as needed to prevent cracking or settling of new concrete. No additional payment will be made for this work. IV. SITE REQUIREMENTS A. Work Site a. Utility Locates: CONTRACTOR shall be required to have all utilities located at least forty-eight (48) hours prior to the start of any work. It is the responsibility of the CONTRACTOR to ensure the proper utility is notified as soon as any utility is cut or damaged. b. The CITY marks the saw cut and excavation limit on each repair site. All concrete shall be saw cut along neat lines prior to removal. Any pavement that is chipped or broken outside the saw cuts due to CONTRACTOR error will be repaired at the CONTRACTOR expense. c. CONTRACTOR shall excavate earth in excess of that required for back filling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the CITY and property owner, it can be neatly spread over the adjacent area. No stock piling of material in the street will be allowed after work hours. d. CONTRACTOR shall establish positive drainage during the initial phase of grading and maintained throughout construction. The CONTRACTOR will determine grading by use of an Instrument as requested by the CITY. Any completed areas within the project that do not have positive drainage will be removed and corrected at the CONTRACTOR'S expense. e. CONTRACTOR shall remove all trees, stumps, brush and other debris or deleterious material generated as part of this work. Proper disposal of these items is the sole responsibility of the CONTRACTOR. Disposal must be completed upon job completion. f. CONTRACTOR shall protect trees that are to remain free from damage. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 9 of 17 City of Melboume & Palm Bay Concrete & Materials, Inc. I TPgyii�93' g. Inspections will be performed by the CITY upon receipt of invoice to be paid for each location. Any discrepancies will be noted and forwarded to the CONTRACTOR within five (5) days of that Inspection. If the work is accepted, the invoices shall be processed. h. CONTRACTOR shall ensure all debris, including but not limited to, broken concrete, roots, other vegetation, wood chips and general rubble shall be completely removed from the site and disposed of by the CONTRACTOR daily. If stockpiling of debris occurs, the CITY will remove the debris and deduct the cost from CONTRACTOR'S payments. I. No material which has been used for any temporary purpose, Is to be Incorporated In the permanent structure without written consent from the CITY. B. Clean -Up CONTRACTOR shall remove all stakes, excess concrete spills, rubble, debris and other undesirable material from the site. The entire work site shall be completely free of foreign material, caused by the CONTRACTOR'S activity, and shall be entirely restored to Its original condition or better. C. Traffic Control a. CONTRACTOR shall provide warning signs, barricades, channeling devices, and flagmen as needed to provide for the safety of the traveling public. Traffic control may include, but is not limited to, lane closures, detours, and road closings. A traffic control plan In conformance with the latest version of the Florida Department of Transportation's (FOOT) Manual of Uniform Traffic Control Devices (MUTCD) must be submitted for each separate street where work will be performed as deemed necessary by CITY. Free- hand drawings will not be accepted. b. CONTRACTOR shall ensure that each person whose actions affect temporary traffic control zone safely, from upper level management through field personnel, has received training appropriate to the job decisions each Individual is required to make concerning traffic control. c. CONTRACTOR shall ensure all sidewalk repairs will have Type 1 barricades with "Sidewalk Closed" signs at the beginning and end of each excavation site. d. CONTRACTOR shall ensure that no street shall be closed without written approval from the CITY. e. CONTRACTOR shall ensure all construction signing shall be reflective and "like new" In appearance. The CITY may require that the signs be replaced which do not meet these requirements. f. CONTRACTOR shall ensure construction signing shall not be removed from work zone until approved by the CITY. D. Temporary Construction Water Meter CONTRACTOR shall make arrangements with Meter Services for a temporary water meter. CONTRACTOR is responsible for paying temporary meter deposit and all water required for this project. E. Concrete Mix CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. Concrete used for each project under this contract shall be a minimum 3,000 psi, fiber -reinforced concrete. F. Eauipment Left on Jobsite CONTRACTOR shall ensure all equipment left on jobsite overnight shall be located within the lane closure and safely barricaded. If the lane closure is not large enough to safety accommodate the equipment, it will not be allowed to be left in the street. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 10 of 17 City of Melbourne & Palm Say Concrete & Materials, Inc. 17Apdt3024 G. Handicaa Ramas CONTRACTOR shall construct ramps in accordance with the FDOT Roadway and Traffic Design Standards and the Florida Accessibility Code for Building Construction, most current edition. Placement of ramps shall be coordinated with the City. H. Stamoinq CONTRACTOR shall ensure areas of pavement and median pavement for this project will receive a stamped and patterned surface with coloring in accordance with local, state and federal requirements. This includes their requirements for expansion joints, joint filler board, welded wire fabric and concrete mix. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 11 of 17 City of Melboume & Palm Bay Concrete & Materials, Inc. 79kpOI2 EXHIBIT A4 PRICING SCHEDULE CONTRACTOR shall provide all Services (and Items incidental thereto) and work set forth in this Contract for the cost stated below. Price to Include all grading/excavating aspects, site preparation, leveling, fill work, and all labor and material. ESTIMATED EXTENDED ITEM DESCRIPTION ANNUAL UOM UNIT PRICE # QUANTITY PRICE Cubic 1 3000 PSI concrete, including 500 $202.68 $101,340.00 fiber mix Yard 2 Sidewalk, 4"- remove, form 1350 Square $10.79 $14,566.50 and pour Foot 3 Sidewalk, 4" - form and pour 4000 Square $g 08 $32,320.00 Foot 4 Curb, Miami - remove, form 150 Linear $49.91 $7,486.50 and pour Foot 5 Curb, Miami - form and pour 400 Linear $47.21 $18,884.00 Foot 6 Curb, "F" - remove, form and 100 Linear $49.91 $4,991.00 Foot pour 7 Curb, "F" - form and pour 200 Linear $47.21 $9,442.00 Foot 8 Driveway, 4"- remove, form 250 Square $10.79 $2,697.50 and pour Foot 9 Driveway, 4" - form and pour 600 Square $8.08 $4,848.00 Foot 10 Driveway, 6" - remove, form 1750 Square $11.46 $20,055.00 and pour Foot 11 Driveway, 6"- form and pour 2000 Square $8.78 $17,560.00 Foot 12 Sidewalk, 6" - remove, form 75 Square $11.46 $859.50 and pour Foot 13 Sidewalk, 6"- form and pour 300 Square $8 78 $2.634.00 Foot 14 Sidewalk, 8"- remove, form 75 Square $12.13 $909.75 and pour Foot 15 Sidewalk, 8" - form and pour 300 Square $9.43 $2,829.00 Foot 16 Unclassified excavation, curb 100 Linear $4.05 $405.00 Fool Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 12 of 17 City of Melbourne 8 Palm Bay Concrete 8 Materials, Inc. 1 IQA*i-z-m 17 Unclassified excavation, 300 Square $4.05 $1,215.00 sidewalk Foot 18 Unclassified400 excavation, Square $4.05 $1,620.00 driveway Foot 19 Root Grinding 50 Square $1.35 $67.60 Foot BID TOTAL (Items 1 thru $244,730.25 4 The City of Melbourne reserves the right to award this bld to a primary Contractor and a secondary Contractor if in the best interest of the City. If so awarded, the total scope of work will be given to the primary Contractor. City of Melbourne shall use the services of the secondary Contractor only when the primary Contractor cannot provide service to area(s) within a reasonable period of time (as determined by City of Melbourne Public works and Utilities Director.) Will Bidder be willing to serve as Secondary CONTRACTOR if not selected as Primary CONTRACTOR? ® Yes D No Optional pricing below Is ancillary and will not be used as a basis of award. ITEM DESCRIPTION ESTIMATED UOM UNIT PRICE EXTENDED ANNUAL PRICE QUANTITY Installation of detectable warning mat (the truncated dome detectable warning mats will be provided by the Square 20 CITY and to be Installed by 1 Foot CONTRACTOR) Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melboume & Palm Bay Concrete & Materials. Inc. Page 13 of 17 181 A�t°IZ�L4 EXHIBIT B SUPPLEMENTAL PROVISIONS 1. Bid. This Contract Is awarded based on CONTRACTOR's Bid responding to CITY'S ITB. CONTRACTOR represents and warrants that all information and representations contained In the Bid Is truthful to the best of CONTRACTOR's knowledge and belief and CONTRACTOR hereby restates and affirms all representations contained in the Bid. 2. Performance Bonds. No performance bonds or payment bonds are required by this Contract. 3. Notice to Parties A. Notice to the City regarding terms and conditions of the Contract and changes in address/addressee shall be directed to the City Procurement Contact as Identified on the cover page of this Contract. Notice and communication with the City regarding the Services shall be directed to the City Department Contact as Identified on the cover page of this Contract. Inquiries regarding payment to CITY shall be directed to City of Melbourne, Accounts Receivable, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. Notice and communication and changes in address/addressee to the CONTRACTOR shall be directed to the CONTRACTOR Contact as Identified on the cover page of this Contract. C. Notice of default or notice of termination of this Contract shall be made in writing and delivered In person or dispatched by certified mail, postage prepaid, return receipt requested and shall be addressed as follows: If to the CITY Procurement Manager Procurement Division City of Melbourne 900 East Strawbridge Avenue Melbourne, Florida 32901 If to CONTRACTOR: Palm Bay Concrete & Materials Inc. 102 E. New Haven #114 Melbourne, FL 32901 A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and transmitted to the new address. 4. Insurance Reauirements A. Commercial General Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Commercial General Liability Insurance with a limit of not less than $1,000,000 per occurrence/aggregate and a deductible amount of not more than $10,000 per claim. The Commercial General Liability Insurance Policy shall be endorsed to list the CITY of Melbourne as an Additional Insured, be written on an occurrence basis, not claims made, and be issued by an Insurance company licensed to do business in the State of Florida with an A.M. Best's rating of A or higher. Other specific policy endorsements may be required by the Contract, depending upon the type and scope of work to be performed. The CONTRACTOR shall require each Subcontractor to maintain Subcontractor's Commercial General Liability Insurance coverage with Insurance company licensed in the State of Florida Concrete Curb, Sidewalk, Driveway, Restoration and Unclassifled Excavations Page 14 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 181\90?q�* in amounts satisfactory to the CONTRACTOR or insure the activities of the Subcontractors In CONTRACTOR's own policy. B. Business Automobile Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Business Automobile Liability Insurance with a limit not less than $1,000,000 each accident for all owned, non -owned and hired automobiles. In the event the CONTRACTOR does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the CONTRACTOR to maintain only Hired & Non -Owned Auto Liability Insurance. C. Workers Compensation & Employer's Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Florida Workers Compensation Insurance at Statutory limits and Employers Liability Insurance with limits of at least $500,000 each accident, $500,000 each disease/employee and $500,000 per disease/policy limit. CONTRACTOR shall require their Subcontractor(s) similarly to provide Worker's Compensation Insurance for all of the latter's employees engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract Is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of employees not otherwise protected. D. Proof of Insurance. CONTRACTOR shall submit proof of the required insurance to CITY in the form of Certificates of Insurance. Such certificates shall clearly show the insurance coverage required by the Contract. In the case of Commercial General Liability Insurance, a copy of the Additional Insured Endorsement page issued by the underwriting Insurance company showing that the CITY of Melbourne has been listed as an Additional Insured on the policy shall accompany the Certificate of Insurance. E. All coverage for CONTRACTOR's subcontractors shall be subject to all of the requirements stated herein. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 15 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 1 g3Apr l 0 4 EXHIBIT D1 INVITATION TO BID On file in Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 16 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. i gkW f gPA4 EXHIBIT D3 CONTRACTOR'S RESPONSIVE BID On file In Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page � 17Loff 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 185Pof 3? 3T Tentative List of Driveways to Replace for 2024 Paving Project - Updated 6/28/2024 Total Driveways: 126 Full Address 510 ATLANTUS TER 608 ATLANTUS TER 613 ATLANTUS TER 625 ATLANTUS TER 626 ATLANTUS TER 632 ATLANTUS TER 638 ATLANTUS TER 649 ATLANTUS TER 655 ATLANTUS TER 661 ATLANTUS TER 673 ATLANTUS TER 685 ATLANTUS TER 524 BAYHARBOR TER 544 BAYHARBOR TER 582 BAYHARBOR TER 594 BAYHARBOR TER 579 BENEDICTINE TER 602 BENEDICTINE TER 510 BROOKEDGE TER 541 BROOKEDGE TER 582 BROOKEDGE TER 510 BROWNING TER 518 BROWNING TER 526 BROWNING TER 534 BROWNING TER 549 BROWNING TER 565 BROWNING TER 574 BROWNING TER 581 BROWNING TER 590 BROWNING TER 1131 COVERBROOK LN 1306 DAMASK LN 1308 DAMASK LN 1311 DAMASK LN 1314 DAMASK LN 1315 DAMASK LN City SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN SEBASTIAN Zip Code 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 32958 Notes Auxiliary Driveway Auxiliary Driveway 186 of 223 1319 DAMASK LN SEBASTIAN 32958 1320 DAMASK LN SEBASTIAN 32958 1323 DAMASK LN SEBASTIAN 32958 1326 DAMASK LN SEBASTIAN 32958 1327 DAMASK LN SEBASTIAN 32958 1331 DAMASK LN SEBASTIAN 32958 1332 DAMASK LN SEBASTIAN 32958 1335 DAMASK LN SEBASTIAN 32958 1339 DAMASK LN SEBASTIAN 32958 1343 DAMASK LN SEBASTIAN 32958 1350 DAMASK LN SEBASTIAN 32958 1355 DAMASK LN SEBASTIAN 32958 1359 DAMASK LN SEBASTIAN 32958 1365 DAMASK LN SEBASTIAN 32958 1374 DAMASK LN SEBASTIAN 32958 1379 DAMASK LN SEBASTIAN 32958 1384 DAMASK LN SEBASTIAN 32958 1384 DAMASK LN SEBASTIAN 32958 1385 DAMASK LN SEBASTIAN 32958 1388 DAMASK LN SEBASTIAN 32958 1394 DAMASK LN SEBASTIAN 32958 1398 DAMASK LN SEBASTIAN 32958 1678 FATIMA CT SEBASTIAN 32958 1602 GALILEAN LN SEBASTIAN 32958 820 GENESEE AV SEBASTIAN 32958 1155 GEORGE ST SEBASTIAN 32958 1265 GEORGE ST SEBASTIAN 32958 1273 GEORGE ST SEBASTIAN 32958 1279 GEORGE ST SEBASTIAN 32958 1285 GEORGE ST SEBASTIAN 32958 813 GLADIOLA AV SEBASTIAN 32958 825 GLADIOLA AV SEBASTIAN 32958 831 GLADIOLA AV SEBASTIAN 32958 855 GLADIOLA AV SEBASTIAN 32958 861 GLADIOLA AV SEBASTIAN 32958 1380 HAVERFORD LN SEBASTIAN 32958 1381 HAVERFORD LN SEBASTIAN 32958 1385 HAVERFORD LN SEBASTIAN 32958 1386 HAVERFORD LN SEBASTIAN 32958 1391 HAVERFORD LN SEBASTIAN 32958 Auxiliary Driveway Auxiliary Driveway onto Stonecrop Auxiliary Driveway 187 of 223 1006 LACONIA ST SEBASTIAN 32958 1034 LACONIA ST SEBASTIAN 32958 1050 LACONIA ST SEBASTIAN 32958 1234 LACONIA ST SEBASTIAN 32958 1290 LACONIA ST SEBASTIAN 32958 1341 LACONIA ST SEBASTIAN 32958 1408 LACONIA ST SEBASTIAN 32958 1416 LACONIA ST SEBASTIAN 32958 1570 LACONIA ST SEBASTIAN 32958 1618 LACONIA ST SEBASTIAN 32958 1697 LACONIA ST SEBASTIAN 32958 1742 LACONIA ST SEBASTIAN 32958 1786 LACONIA ST SEBASTIAN 32958 986 MONTROSE AV SEBASTIAN 32958 1657 QUAKER LN SEBASTIAN 32958 532 ROLLING HILL DR SEBASTIAN 32958 538 ROLLING HILL DR SEBASTIAN 32958 544 ROLLING HILL DR SEBASTIAN 32958 562 ROLLING HILL DR SEBASTIAN 32958 568 ROLLING HILL DR SEBASTIAN 32958 574 ROLLING HILL DR SEBASTIAN 32958 1313 SCROLL ST SEBASTIAN 32958 1343 SCROLL ST SEBASTIAN 32958 1416 STONECROP ST SEBASTIAN 32958 1444 STONECROP ST SEBASTIAN 32958 1502 STONECROP ST SEBASTIAN 32958 1620 STONECROP ST SEBASTIAN 32958 1626 STONECROP ST SEBASTIAN 32958 1632 STONECROP ST SEBASTIAN 32958 1638 STONECROP ST SEBASTIAN 32958 1650 STONECROP ST SEBASTIAN 32958 1660 STONECROP ST SEBASTIAN 32958 1664 STONECROP ST SEBASTIAN 32958 1672 STONECROP ST SEBASTIAN 32958 Ij 1676 STONECROP ST SEBASTIAN 32958 1693 STONECROP ST SEBASTIAN 32958 1632 SUNPORT RD SEBASTIAN 32958 1642 SUNPORT RD SEBASTIAN 32958 674 TULIP DR SEBASTIAN 32958 714 TULIP DR SEBASTIAN 32958 726 TULIP DR SEBASTIAN 32958 Auxiliary Driveway Auxiliary Driveway 188 of 223 750 TULIP DR SEBASTIAN 32958 773 TULIP DR SEBASTIAN 32958 Auxiliary Driveway 774 TULIP DR SEBASTIAN 32958 780 TULIP DR SEBASTIAN 32958 785 TULIP DR SEBASTIAN 32958 786 TULIP DR SEBASTIAN 32958 792 TULIP DR SEBASTIAN 32958 797 TULIP DR SEBASTIAN 32958 Sports Complex West Parking SEBASTIAN 32958 Parking Lot Entrance Lot Entrance off Tulip Drive to City Park 189 of 223 DocuSign Envelope ID. 5498122F-D6C5-4152-9860-783CE910EB5C CONCRETE SERVICES ON AN AS -NEEDED BASIS WiTHIN THE curt' Oi. SEi3ASTIAN AGREEMENT This Agreement is entered into by the parties this 3 f41 day of A o7fc-4 .2022. 1. PARTIES: CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (City). and A. THOMAS CONSTRUCTION, INCORPORATED (Contractor). 2. DFSIGNATED CONTACT PERSON AS TO CITY: 3. DF:SIGNATF.D CONTACT PERSON AS TO CONTRACTOR: Phillip Patnode (PROJECT MANAGER) Stormwater Andrew Thomas, President(Owner Superintendent ' A. Thomas Construction. Incorporated 1225 Main Street P.O. Box 3285 Sebastian, Florida 32959 Port Pierce, Florida 34948 Phone: 772-388-9243 Office/Cell: 772-216-5898 Ccll: 772-633-0916 Email: atcons106@1yahoo.eunr 'mail: ppataodc@cityufsebastiwLorg 4. NOTICES. All notices between City and Contractor. as required under the Agreement, shall be in writing and in the form of facsimile, e-mail, mail, or by personal delivery to the respective designated contact perbon identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. "TERMS Or AGREEMENT AND COMMENCEMENT OF SERVICES,. The duration of the Agreement shall be for a period of two (2) years from the date tint the Parties have, executed the Agreement, with the option to renew for two (2) additional, one-(1) year terms. The renewal option «711 be conditioned upon satisfactory performance by Contactor and will be subject 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 Bid (TTB) Documents referenced herein, together «ith 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 the follo%ving 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. 7. AGREEMENT DOCUMENTS. 1. Exhibit "A"- Technical Specifications, 2. F_ehibit "B" - Bid Price Form submitted by Contractor CITY OF SEBASTIAN. FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials iTB 22-01 Concrete Services within the City of Sebastian 1 of 13 190 of 223 DocuSign Envelope ID: 5498122F.D6C64152.9660-783CE910EB5C 8. MODIFICATION OF AGREE�M1IEN'T. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall he valid or binding upon City or Contractor. No alteration or modification of the Agreement tens. including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of die Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of ser ices, product, or processing of documentation on fomis 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 Agreenieut, such additional services shall be made a part of this Agreement by a wTittcn 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 lac 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 Cin Mauat;er who will resolve such questions. At all times, all work shall be subject to inspection and review by the 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. AIXI'ERLA. S. SERVICES, AND FACILITIES. It is under -stood 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 the specified time. 12. COMPENSATION TO CONTRACTOR. Compensation to be paid to Contractor for the provision of the Services agreed to herein shall be per the unit pricing noted in Exhibit "B", attached to this Agreement. Contractor or the City may request all adjustment of the fees for any of the renewal term(s). The request to adjust tire fees must be nude in writing supported by a detailed justification that warrants the requested adjustment. The request to adjust tees 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 ayrce to schedule a drive tivouvh and/or walk throuch in Mc,1igtj for each sectiorLof ft_og slete¢ _worl; with the_ its: of Sebastian's Proiect Manager. or &ir designee to verif% Nvork has been completed and in complete cojlU iancc of the contract c 9ML rit yrior Io ic}v_ojcg§Mein o submittgd1 Lthe Ci i x . REMAINDER OF THIS PAGE IN'I'F,NTIONAI.LY 1.EI, 1' BLANK CITY OF SEBASTIAN, FLORIDA/A THOtdlAS CONSTRUCTION, INC. Initials__- ITB 22-01 Concrete Services within the City of Sebastian 2 of 13 191 of 223 DocuSlgn Envelope ID: 5408122F-DSC64152-9860-783CE910EB5C 13.1 Payment Rettuests/Invoices. Requests for payment for the provision of the Services provided under the Agreement shall be submitted no more frequently than once per month. All requests fbr paymentlinvoices shall be submitted in sufficient detail to demonstrate compliance wait the terms of the Agreement and to allow for the proper pm -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 requestlinvoice 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 PH�rneut. City shall make payment of a payment request in accordance with Chapter 218, Part VU of the Florida Statutes "Local Government Prompt Pa)mentAc(" from the date which a properly received payment request/invoice is recorded as received by City, for Services completed to the satisfaction of City. 133 Form of Retmesl. If the payment request is not received in proper order, City may reject the payment request within ten 110) 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 make the payment request proper. Upon receipt of a payment request that corrects die deficiency, City shall make payment in accordance %ith Chapter 218, Part Vll of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business da%s after the date on which the corrected and proper payment request is recorded as received by City. 13.4 Resolution of Patiment Reuuest Disputes. 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 A tiznel� manner, as long as the payment request for the undisputed portion is in proper under. Proceedings to resolve the dispute will be commenced within forty-five (45) 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 size, t601 business days after the date on which the paymtent request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. 13.5 Pa% ments to Subcontractors. When Contractor receives front City uny payment for Services covered under the Agreement, Contractor __must pa} such moneys received to cach subcontractor or supplier, and employees in proportion to the percentage of the Services completed by each subcontractor, supplier, or employees within ten 110) business da%s after Contractor's receipt of the payment If Contractor receives less than full payment, then Contractor shall be required to disburse only the funds received on a_.11ro.ratn 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 TAUS PAGE INTENTIONALLY LEFT BLANK CITY OF SEBAS I N, FLORIDA within A. THOMAS CONSTRUCTION, INC. Inlilels Q jf' 3 o1 13 192 of 223 DocuSign Envelope ID. 5498122F-D6C&4152.9860-783CE910E85C 14. WARRANTIES. 14.1 Warranty of Abilit,. to Perform. Contractor warrants that, to the brst of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any outer legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's abaity to satisfy its obligations under the Agreement. 14.2 Warranties against Defects in Workmunshiu. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of one -(I) year from acceptance of the 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 tale materials, products, or services, immediately upon receipt of written notice from City, at no additional expense to City. Contractor shall warrant such replaced materials, products, or equipment, or repaired or re -done Services, for the term and extensions of this agreement, afler acceptance of such by City's Project Manager. 14.3 Warranty of Standard Care. In the performance of professional services, Contractor will use drat 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. Contractors standard of care shall not be altered by the application, interpretation, or construction of tiny 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 tole expense) promptly re -execute the nonconforming Services. All such re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the benefits of any of Contractor's sub consultant's or subcontractor's x;%M fees. Such assignment shall not relieve Contractor of its warranty obligation% for performance or standard of care to City under this Agreement. 14.4 Warrnnty of Title. Title to any work product furnished by Contractor under 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 fr o trrld cJg4r gfnll seculjtL ipterc�t if s ngdgncurnbrarlgKs or_claims p n-Lart�. 15. PUBLIC RECORDS. Contractor will keep and maintain public records required by the City to perforin the service. Upon rcquest front the City's custodian of public records, Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a re:awnable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. 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 trarnsfer, at no cost to the City, all public records fit possession of the Contractor or keep and maintain 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 confidential 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 moods 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 Agrccnnent in accordance with the terms of the Agreement and may 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 13 193 of 223 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDI? PUBLIC RECORDS RELATING TO THIS AGREE1% ENT, CONTACT JEANE•1-fE WILLIAMS, CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: j+tiilliau!a r.il+ufscha•:i n.ur;;; PHONE: 772-388- szls. --- - 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 daring the duration of the agreement, including renewal terms. 16.1 Minimum Insurance Reutdrements. Contrnctorsball obtain and maintain forthedurationofthe comma insurance against claims fnr injuries to persons or damages to property which may arise from or in connection with the performance of the work Itereunder by the contract or, his ugeno;. representatives, employees or subcontractors. The coverage's, limits or endorsements requinxi herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon wben assessing the extent or detarmining appropriate types and limits of coverage to protect Contractor against any loss exposures, whether as a result of the Project or oduerwise The requ minerals contained herein, as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assurned by Contractor under a contract. Comprehensive General I an amount not less than: Liability $2,000,000.00 Combined Single Limit per each occurrence Contractor shall submit and maintain worker's compensation insurance to the extent required by law for all their employees to be Worker's Compensation i 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 die 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,o00.00 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 with a thiny_L301 day_ notice of cancellation and/or changes in policy language, and tgn i 101 da, node, c;incSllation is f9r nonpaIincnt ofpn-mium. Tlie 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 OF SEBASTIAN, FLORIDA / A THOMAS CONSTRUCTION, INC. - Initials _d - ITB 22-01 Concrete Services within the City of Sebastian 5 of 13 194 of 223 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-insurance 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 excess 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 that 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 requires 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 Compensation coverage. 16.2.6 It is the Contractor's responsibility to insure that all 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 requirements stated herein. 17. INDED'INJFICATION. 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 CONTRACI'Oli 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 uidemnitee 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 indemnitee or its 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, indennify and hold die CITY harmless of any suit asserting a claim for any loss; damage or liability specified above, and CONTRACTOR OR ITS SUBCONTRACTORS shall pay arty cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or gnverumental 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 perfornan.:e of the Services, an equitable adjustment shall be authorized by way of a Change Order. 19. TERMINATION OF AG1*MNJhWJ*. Either party may terminate this Agreement by giving the other party thirty (30) da%s written notice. In the event of termination, City will be responsible for compensating Contractor only for those Services satisfactorih completed or partially 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 term of this Agreement any and all licenses and certifications required to perform the Services covered under this .Agreement, as stipulated by the State of Florida and the City of Sebastian. CITY OF SEBASTIAN, FLORIDA IA. THOMAS CONSTRUCTION, INC. Initials- ITB 22.-01 Concrete Services within the City of Sebastian 6 of 13 195 of 223 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910E65C 21. ADDITIONAL TERMS AND CONDITIONS (alphabetically listed): 21.1 Assianmen j. 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 Patty. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 21.2 Bankruntc% or Insoivenc%. Contractor shall promptly notify City in writing of the. filing 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. 213 ComuQanee with Laws. Contractor shall comply with all laws, rules, codes, 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, cite Immigration and Nationalization Act, the Americans with DLcabitities Act, the United States Occupational Safety and Health Act, the United States 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 degree with the performance 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 resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any contract, sub -contract, or arrangement 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 two L2a .ears thereafter, has any interest, direct or indirect. 215 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Contract Documents, whether incorporated into the Project or not. Contractor shall promptly, in accordance with Contract Documents, replace and rr cxecutc 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 1xidi Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. REMAINDER OF THIS PAGE L'�ITENTIONALLY LEFT BLANK CITY OF SEBASTIAN, FLORIDA I A THOfiAA5 CONSTRUCTION, INC. Initials___�..� ITI3 22-01 Concrete Services within the City of Sebastian 7 of 13 196 of 223 DocuSign Envelope 10: 5498122F-D6C64152-9860-783CE910EB5C 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 debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, 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 comnnission of emberfiement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; (4) have not widtin a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause ordef silt; 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 Dispute Resolution. For any dispute concenring performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistuke, 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 WRITING AND SERVE A COPY ON CONTRACTOR. THE DECISION SHALL BE FINAL AND CONCLUSIVE. 21.10 Disposal of Wastes. Contractor shall handle any 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, Contractors 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 and private, which has been dispiaced 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 tern "propene' shall include, but is not limited to, roads, sidewalks, curbs, walls, 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 charts derived there from, will be considered works utnde for hire and will become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s), City will become die custodian thereof in accordance Mdi 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 Drug, Free Workplace. Contractor certifies that it has in place a Drug -Free Workplace Program iu accordance with the Dnig-Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form J submitted with Bid. EBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials CITY OF S IT8 22-01 Concrete Services within the City of Sebastian a of 13 197 of 223 DocuSign Envelope ID: 5498122F•D6C64152-9860-783CE910E85C 21.13 Emalovees. Subcontractors and Agents. AJI Contractor employees, subcontractors, and agents performing any of the Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall famish 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 Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agent of Contractor. City may refitse access to, or require replacement oL any of Contractor's employee(s), subcontractor(s) and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in sectnity 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 Agnxtnent. City may reject and bar from any lhcihty for cause any 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 YVO.RRERS M1JS..'i'.1�VI SUFFICIENT _iC�IOYJLT~DGE . S.K.�LL_ AND EXPERILNCE_TO PR ERLY PERFORM THE W0RK A5$JNED TO THEM. ALL_WORKERS MUST HAVE PROPER LFDOT SAFETY VESTS OR SAFETY SHIRTS DURING ANY CONCRETE STAGING OF MQT OR CLEAN-UP OPERATION_ 21.14 Equal Emplovment Oaaortunity. 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 Title Vl 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), 7Yde 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 Cl'R 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.0 § 6101, et seq.), Title 49 CFR 21 and 71de 49 CFR 23, Nondiscrimination on the basis of handicap, 77de 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102. et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq), and any other Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department 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 bub-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 louver tier sub -contracts that may in tarn be made. Contractor shall comply with all state 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, !_c,S�s. _ ,;1_t',_u__�_ Fes: ; .si to verify the employment eligibility of: (1) all persons employed by Contractor during the contract term to perform any duties within Florida; and (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract. Contractors meeting the terms and conditions of the E- Verify System are deemed to be in compliance with this provision. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CRY QF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION. lRd. Initials ITB 22-01 Concrete Services within the City of Sebastian 9 of 13 198 of 223 DocuSign Envelope ID: 5498122F-D6C6-4152-9860-783CE910E85C 21.16 Force Maleure Event. Neither party shall be considered to be in default in the performance of its obligations corder 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 Force 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 Governlnv Law and Venue. The Agreement shall be govcmed in accordance with the laws of die 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 COMPLETE DISCRETION TO ACCEPT ANY SUCH ALTERATION OR TO CANCEL THE AGREEMENT AT NO FURTHER EXPENSE TO ary. 21.19 Immieration and Nationatit% Act. Contractor shall comply with all immigration laws as outlined in 8 USC § 1324a - Unlawful Employment of Aliens. City will not intentionally auard 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 the tern 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 Ittsuection. Performance, Suuervislog, City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such in%pectiow; perfotTned by City, shall not be construed as a final approval of Contractor's Scrvice, 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 during 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 rot 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 fulfillumg all Agreement requirements. Cgnua4t4t s,-WI.5uL4;rY se -and dlr�cttl�e or<i cg_gf its Service~ rand-sttt�me �41e1� reslx�(bjc�ar_the means �nglk cis-tphniutmes, se.{uetes,pgd sal'etk of construction and options. gq trader u U empjgl an41 ptain at the Proieq_5j_tQ-A-jLualified s q%:rvi�r - or sui=iintendent_who shall have been _ dt sib�ta t1-- in - wntrri �� ontrac;gr as t tie Contractor's_ re_ aI l}n _Protect_ Site. 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. Tj2e§pmrisof.or superintendent shall, be t res,a}t. on_ the _-PcQject. titre — all time3 a miuircd to 1wfotmn a4igyuate syL ry iuq_and coordjtuttioq of the Contractor's SCryices. CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION. INC. � initinls�_� ITB 22-01 Concrete Services within the City of Sebastian 10 of 13 199 of 223 DocuStgn 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 harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as it 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 not release Contractor or his sureties from any obligations under the Agreement. 21.22 Liquidated Damaees. The CiLA14l be entitled to liouidated damages in the amount ofTwo Hundred Fiftv Dollars 6250.001 oer day for every day that the Contractor is Irate in comuletint! the y_/pt reuuirements_for each Work_Qrdcr submitted for each section. Said_damages.shall_be deducted by the Cites• fiom mQnis due to Cgntmctqr_ 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 laowm 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 work with 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 for any act prohibited by law in alry jurisdiction, involving conspiracy or collusion with respect to submitting a response on any 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-performance/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 THIRD day after verbal communicatiom if not; 2. Written Notice will the served to the Contrnctor. Performance/deficiency must be corrected by the end of the SECOND day after the Contractor has rec:cived 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 not relieve the Contractor of Liquidated Damages. REPENTED PERFORMANCE/DEFICIENCIES MAY RESULT IN THE TERMINATION OF THIS AGREEMENT. 21.26 Protect Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable, and to have secured full knowledge of all conditions under which the Services am to he executed and completed. REMAINDER OF THIS PAGE INTENTIONALLY LEFT 13LANK ..-'--�-t- ,zs.�,.�-:>n-.��—�_Y:-.��-_--�--.� �-_-,-�.-� . -•- ... ,. _1--,. �.�� CITY OF SEBASTIAN, FLORIDA ! A. THOMAS CONSTRUCTION, INC. Initials_ ._ Xf ITB22-01 ConcreteServices vAthin the City of Sebastian 11 of 13 200 of 223 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C 21.27 Protection of Persons. Contractor shall be responsible for the safety of its employees and the employees of its subcontractors, during 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 Entit% 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, ma% not submit a hid p_rososal, or rerlti on a contract with a public entity for the construction or repair of a public building or public work; ma% not submit WAL2—roposals. or repligh on leases of real property to a public entity; mg-n91 be. pw_g0ed 91 pform work ns a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and maN not transact bus' ti ' % r c_ gj ty in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY Two for a period of 36 months following the date of being placed on the convicted vendor list. 21.29 Independent 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. 2130 Risk of Loss. 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 right 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 Securtt% and ConfidentfaIRN. 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, reseflers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted 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 as 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 Severabillt%. 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 SurAval. 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. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which arm applicable to the provision of the Services under the Agreement. City shall not pay for any porsotmi property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political suttdivision 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. CITY TB OF SEBAS TAN, FLORIDA `vices i A. a City t' OMAS CONSTRUCTION, INC. Ini . --- of 12 of 13 201 of 223 DocuSign Envelope ID: 5498122F•06C6 4152.9860-783CE910EB5C 21.36 W r. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to cnlilrc:e those rights, tx)r shall any single or partial exercise of any such right preclude the Oty of any other or further exercise thereof or the exercise of any other right. 22. AUTHORITY. 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 executed, the day and year noted above. A7" f EST (SEAT.): tc 1Villiatns, A4MC LERK Approved as to form and legality for Relitmtce by the City of Sebast}gn only: THE CITY OF SEBAST[AN. FI,ORIDA: BY I / /6aul E. Carlisle, CITY MANAGER oocuftned4. THOMAS CONSTRUCTION, INC. E'9n;?14G7C7469 A.ndrew'Ihoinas. PRFSIUEN 1/OWNER a�i CITY OF SEBASTIAN. FLORIDA I A. THOMAS CONSTRUCTION. INC. Initials ITB 22-01 Concrete Services within the City of Sebastian 13 a' 1 ;- 202 of 223 DocuSign Envelope ID: 5498122F-06C6-4152-9860.783CE910EB5C r..• 1 rN,/./ : M s 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 miscellaneous 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 III. 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 will 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 contonn 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 3MO psi (minimum 28 day breaking strength In accordance with ASHTO T-M3) 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 (MY4 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 lop of a prepared subgrade. All 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, 1►*► 203 of 223 DocuSign Envelope ID: 5498122F-D6C6-4152-9860-783CE910EB5C r d. Expansion joints: Asphaltic felt expansion joints, (MOT current procedures are required with type II 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 id8 -MG!' wide by 10 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. f. All concrete shall be installed in accordance with FDOT 2019 — 2020, or the latest edition. 9. Driveways will be a minimum of 4' thick with a 6" thick tooter, 1 foot wide at the edge of road pavement. Driveways will vary in width and length. END OF SECTION 23 204 of 223 DocuSign Envelope ID: 5498122F-D6C6A152-9860-783CE910EB5C M11-m-T E 1301iL IMS?PCi AC PM99 FORM -ql9A-T After having examined all specifications, Contract/Agreement Documents, and other documents rely to the Invitation to Bid, I, 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 exceecilna speclficatons as set forth herein for the unit prices as stated below. The price quoted below includes i addenda which may be Issued. If there to any Item you wish not to bid on please write "NO BID' the Price per Square Yard column. Ouantay of work shall be !lased upon etch Individual rurchsl�-e or from tt e City. Concrete I Labor1Oy jttead Cost µer U �uantity f (Mate I Cost Exctuded? ftarruale. Hour 1,0 161� - — I Y -r Concrete saw and Removal W) 1- ti0 I SY ? -1 I Concrete saw and Removal W) 1 -100 SY i ?,C= Concrete sate and Removal W) I101 < SY I 2- r Concrete Removal and renlece WlFiber(47' I1- 60 SY I I Concrete Removal and replace W/Flber(41° I S' tl (2 I Concrete Removal and replace W/Ffbar(4`)' 01r I SY i.,7" k- I Sy Concrete W/Fiber(4°1° I l✓ Concrete W/Flber(41' 4W SY Y Concrete W/FfbeW)o 10 I I Syy i I Concrete saw end Removal (ai 1.60 I Sy Concrete saw and Removal M 01-10 I Sy �• Concrete saw and Removal W1 IM< By a Concrete Removal and reulace W/Fiber(6")° a �4I BY Concrete Removal and reolece3 W/Fiber(6'1° ta'g 70 Concrete Removal and reol000 W/Piber(6')° W*' 9' (?, Concrete !1l mberwr 140 sy L+ �f Concrete VV/Flber(6`1' 8V= I GV W � Concrete W/Flber(6")* fW ' Sy MISC Concrete" 11-5 CY MISC Concrete* i%Z10 I C1' zoo MISC Concrete" orm Cy l U() MISC ConoretV lima C'e' j ?YX_) MISC Concrete" 120< CY I ? C: Drivewov Culvert Replacement (6" ADS") 11 LF I Drivewav Culvert Replacement MVADS-) 11 Driveway Culvert Replacement (t2 ADS"t 11 LF / Driveway Culvert Replacement mrAw) It I LF Driveway Culvert Replacement (WADS1 }t I LF 7 REMINDER: ONLY $ AMOUNTS SHOULD BE PROMDED 24 205 of 223 DocuSign Envelope ID: 714565B3-BD19-4DBF-AO81-157OF01C83EO CROF STL� HOME OF PELICAN 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 fiili 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 iesssn aham(ivcitvofsebastian.org. We value your association with the City of Sebastian. Sincerely, 0ftvS4ma by'. Jess ca ra ani,'CPPB Procurement Manager City of Sebastian A. Thomas Construction, Incorporated pricing and contract terms and conditions submitted in reference to ITB #22-01 Concrete Services within the City of Sebastian. Fo«ue+oe•a ey: k,�.yt,W An rew comes, President/Owner c Brian enton, (I Manager 2/7/2024 1 5:25:09 PM EST Date 2%2/aO)y Date 206 of 223 49 alon SEBASTIAN 11 M11MM111 c11�se•IioM Illl l:11 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Award ITB 24-09 to Johnson -Davis Incorporated for Riviera Avenue and Gardenia Street Drainage Improvements and authorization for the City Manager to execute the agreement. Recommendation: Award ITB 24-09 to Johnson -Davis Incorporated for Riviera Avenue and Gardenia Street Drainage Improvements and authorization for the City Manager to execute the agreement. Backuround: The City of Sebastian released an Invitation to Bid 24-09-ITB, Riviera Avenue, and Gardenia Street Drainage Improvements on May 14, 2024.2,506 contractors were notified of the bid posting and 40 contractors downloaded the bid. Through the competitive solicitation process, we received bids from the following companies: (1) CK Contractors and Development, LLC. (2) Close Construction Services, LLC; (3) Johnson -Davis Incorporated; (4) Timothy Rose Contracting, Inc.; and (5) Universal Contracting & Construction Inc). Universal Contracting & Construction, Inc.'s bid was marked non -responsive as an authorized representative did not sign their submittal, and a corporate resolution was not received. CK Contractors and Development's submittal was marked non -responsive because they did not provide an all- inclusive price (they did not include the price of the pipe in their submittal). As the current cost estimate exceeds the budgeted amount, the Public Works Department will utilize an additional $221,772 from Discretionary Sales Tax and ARPA funds to cover the drainage improvements. Staff is seeking approval of Johnson -Davis Incorporated for Invitation to Bid 24-09-ITB due to their price proposal as well as previous experience providing utility/drainage improvements to municipalities, and authorization for the City Manager to execute all necessary documents or purchase orders. If Aeenda Item Requires Expenditure of Funds: Budgeted Amount: $736,228 Total Cost: $958,000 Funds to Be Utilized for Appropriation: Discretionary Sales Tax and ARPA Funds Attachments: 1. 24-09-ITB Riviera Avenue and Gardenia Street Drainage Improvements Intent to Award 2. 24-09-ITB Riviera Avenue and Gardenia Street Drainage Bid Tabulation Sheet Administrative Services Depart ent Review: City Attorney Review: , U I Procurement Division Review, if applicable: {,l ✓" City Manager Authorization: Date: 7/3 Id o;1 If y Ins 1-223 -*SEBASTIAN CENTENNIAL CELEBRATION INTENT TO AWARD Date: June 26, 2024 Solicitation #: 24-09-ITB Solicitation Title: Riviera Avenue and Gardenia Street Drainage Improvements Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 Notice is hereby given that the City of Sebastian intends to award an agreement upon approval of City Council on Wednesday, July 10, 2024 at 6:00 PM EST to the following bidder: JOHNSON-DAVIS INCORPORATED All City Council tnectings are open to the public. If you have any questions, please don't hesitate to contact the at the following: 772-388-8231 or iessgraham(aicitvofsebastian.org. Sincerely, DocuSigned by: D7CCCSBOC95D4F8.. 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./ailure to post the bond or other sectuin, 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 208 of 223 7�*SEBASTIAH CENTENNIAL CELEBRATION BID TARIII.ATION 81d a: 244MIT8 - Bld Title: Rhiera A-eoae and Gardenia Street Drainage Johmnn.Davia Incorporated Timothy Rase Cordrw1mr- Inc Irnprorraems Iantarn, FL I Vcro Bach, F'L Yp —'-- yes jompicte Electronic PDF Stbotiml Yes Yea, Required Foam Yes Ya firm N..Item Description Dnil I Lamp Saa Price I I trap San Price DPTION 1: ROUND PIPE PRICING t Ail tnclttanx price to complete Rhura Avers I and Gardenia Smcet Draimge Improsemrnu per 1 hid specifications and plarts included in Su Uurytm Attaeh—ra A Item Nn. Item Darriptinn Unit DITION 2: ALTERNATIVE PIPE PRICING pnce to cnmpicm Rn mra Avcnue �Allmcl.wc and Gardenia Street Drat ` Lnmp. SWII S 1 bid specifications, and plain included in Atuchmrnt B. Date Posted: Jtae 26. 2024 958,(r()(wTg 1 1 S Lamp St® Price ®lm 972.707.55 1 1 S Finance txan—t Procurement DMtbn 1225 Mam Street Sebastian, FL 32M 17721 3934231 NON-RPSPONStYB NON -RUPONSIVF. Close CaMnxtion Services. I1.47 : K Contractors and Developrcm. HE Umverssl Contracting Ji Constnx ran Inc. Okeechobee, FL West Paint Reach, F1. Mtlbottme. FT. NIA Yes Y. MIA Y. Y. N/A I.ump Som Prier Loup Stta Price imp S®Prim -- — I.;" S 701,91201 IS-1.495,146.36 Lump Sum Price I Lump Sum Price 1 1, Snm frier Lamp San Price I.IN ojxxwo S 1.178.671.00 S 640,762.00 S 1.079.825.89 CK Cnwactm bd not include the Submtul was nil signed by an authorised rote of pipe m their submilul. nepresentsuw. and Corporate Raolubm was not submmed. / �< . 11on SEBASTIAN <1 MIIMMI�I <IIItt�110M I�11 lO11 CITY COUNCIL AGENDA TRANSMITTAL Meeting Date: July 10, 2024 Agenda Item Title: Outside Legal Services; Approval of Amendment of Agreement with Andrew Mai Esq. Recommendation: The City Attorney recommends City Council authorize execution of an Amendment of Agreement with Andrew Mai, Esq. for interim City Attorney and complex matters, and give direction regarding existing contract with the Special Magistrate. Background: At the City Council meeting on June 12, 2024, the City Council held a brief discussion on outside legal matters. Currently the City Attorney handles all legal matters on behalf of the City except for those litigation matters handled by the carrier, Florida League of Cities. The current City Charter provides for scenarios in which the City Manager is unavailable and provides for a designated alternate. For the City Attorney, there is no proviso for same. As such, it is recommended to have an interim City Attorney under contract for those scenarios or such times when the City Attorney might be unavailable or legally otherwise necessary such as: legal conflicts, complex matters, sickness, or emergency circumstances. Mr. Andrew Mai, Esq., was selected by the City Council in March of 2023 to act as interim City Attorney. The contract did not have an expiration date. Mr. Mai provided interim City Attorney and complex legal services on behalf of the City until he left his prior law firm. At this time, it is recommended that the City Council authorize an amendment to the existing agreement to substitute Mr. Mai for the firm and continue to engage his services for interim City Attorney matters and complex matters as designated. Mr. Mai's fees are proposed to be billed at $350 per billable hour. Upon approval, Mr. Mai will provide a letter of engagement which will serve as the amended agreement. As to the Special Magistrate, there is also currently an existing contract with Mr. Kelly Armitage who has provided Special Magistrate services to the City for ten years. This agreement has not been amended in ten years, nor has it been evaluated. The City Council has the option to continue under this Agreement or consider alternatives, including utilization of a code enforcement board. Both of these items are provided for in the City Attorney's annual budget. The City Attorney seeks City Council approval to execute an amended agreement with Mr. Mai, Esq. to continue services and seeks City Council guidance as to the Special Magistrate. (Note: legal services are not subject to public procurement obligations.) IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $30,000 Total Cost: N/A Funds to Be Utilized for Appropriation: General Fund Attachments: 1) Contract with Mr. Mai 2) Contract with Special Magistrate, Mr. Armitage 210 of 223 Administrative Services Department Review: City Attorney Review: Procurement Division Revie� plicable: City Manager Authorization: Date: 211 of 223 FISHBACK DOMMCK ATTORNEYS AT LAW 1947 LEE ROAD WINTER PARK, FLORIDA 32789-1834 G. BEN FISHBACK (1893.1983) JULIAN K. DOMINICK (1924.2003) MARK F. AHLERS • A. KURT ARDAMAN JOHN F. BENNETT J. GIFFIN CHUMLEY • RICHARD S. GELLER ERIC B. JONTZ JEFFRY R. JONTZ ' DANIEL W, LANGLEY ANDREW W. MAI BRANDONPOWNALL CHARLES R. STEPTER, JR. MICHAEL D. TEMPKINS March 9, 2023 City of Sebastian C/O Manny Anon, Jr., Esq. 1225 Main Street Sebastian City Hall Sebastian, FL 32958 manongcitvofsebasti an.ore RE: Retainer Agreement for Legal Services Dear Mayor Jones: TEL (407) 262-8400 FAX (407) 262-8402 WWW.PISIIBACKLAW.COM ------------ • FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL. GOVERNMENT Thank you for retaining the law firm of Fishback Dominick LLP (herein "Fishback Dominick" or the "firm") to represent City of Sebastian. This letter constitutes the engagement agreement between the City of Sebastian (sometimes herein the "City") and Fishback Dominick, and this letter outlines the terms of the firm's legal representation and fee schedule for services to the City is sometimes herein referred to as "you" or "client." Fishback Dominick's attorneys' fees are based upon the time spent, including travel time, at the hourly rates in effect for firm attorneys, paralegals and legal assistants that perform the work. Attorney and paralegal time will be billed in quarter of an hour increments. Our hourly rates are as follow: Andrew Mai $275.00/hr. Attorneys $275.00/hr. Paralegals $125.00/hr. Legal Assistants $85.00/hr. Invoices for attorneys' fees and out-of-pocket disbursements, authorized by the City Manager, will be rendered on a monthly basis. Such monthly bills will be due within twenty (20) days from the date mailed. Invoices will be sent to you at the above specified address, 212 of223 either by e-mail or U.S. mail. The firm reserves the right to withdraw from its representation of you in the event invoices are not promptly paid in full, including withdrawing as legal counsel in pending administrative proceedings or litigation. With regard to cost reimbursement, authorized by the City Manager, the City agrees to reimburse the Firm for its out-of-pocket costs, including court filing fees, court reporter's fees, long distance telephone calls, facsimile charges, electronic research (e.g. Lexis-Nexis and Westlaw), real estate closing costs, express delivery charges, postage, printing, costs of reproducing documents (in film copies billed at $0.05 per copy/.07 per double sided copies), and necessary travel expenses at IRS standard milcaee rates (this does not include mileage back and forth from law firm to City Hall or Indian River Courthouse) and other similar expenses. The rendering of title commitments and issuance of title insurance policies incident to the purchase or sale of real estate by City, if any, will be in accordance with applicable promulgated rates for such insurance plus cost of title search. The Firm may, at the City Manager's discretion, serve as title agent on all transactions involving the City's purchase or sale of real property, unless otherwise directed by the City Council. Real estate transaction and closing services will be charged at hourly rates set forth above. For legal services involving the City Attorney's issuance of an opinion letter concerning the legality of the City's issuance of general obligation bonds, revenue bonds, or other types of bonds or notes, if requested by the City Manager, the Firm shall receive a lump sum fee for such services to compensate the Firm not only for the time incurred in reviewing and revising the bond documents and the drafting of an legal opinion letter, but also to compensate the Firm for the risks associated with issuing the opinion letter based on the following: 005 of bond amount for bonds up to $5,000,000 (minimum $7,500); Over $5,000,000 — Charge the above up $5,000,000 plus .0015 of amounts over $5,000,000. In order to enable the firm to effectively represent you, you agree to openly and freely communicate with, and provide requested information and documents to the firm, and keep the firm apprised of all developments relating to each matter for which the firm is involved. Pursuant to the Florida Rules of Professional Conduct 4-1.2(a), a lawyer shall abide by a client's decision whether to settle a matter. It is your decision whether to settle any matter, and at what value or consideration. Work product, including without limitation, legal research, memoranda, and notes, generated by the firm and its lawyers and other personnel during the course of representation remains the sole property of Fishback Dominick at all times. The firm will maintain any original records you furnish us in our client file (or files). At the conclusion of the matter (or earlier, if appropriate), it is your obligation to advise the firm as to which, if any, of the original records in our files you wish us to turn over to you. We will retain any remaining records in our files for a reasonable period of time and ultimately destroy them in accordance with our record retention program schedule then in effect. In the event that our representation is terminated and you have not paid for all services rendered and/or other charges accrued on your behalf to the date of our withdrawal, the firm may, to the extent 2 213 of 223 pennilted by law, assert a retaining lien against any of your records and other items remaining in our possession until such charges are paid. The parties agree that any dispute regarding Fishback Dominick's engagement on this matter will be adjudicated in state court in Indian River County, Florida. Florida law will apply without regard to conflict of law principles. This Agreement may be executed in any number of counterparts, the aggregate of which shall constitute a single document. Electronic and/or facsimile and copies of original signatures to this Agreement are sufficient and will be treated as originals. Our legal services may be terminated by either you or Fishback Dominick at any time; however, any attorneys' fees and costs incurred by my firm to the date of termination shall be paid in frill. Further, you shall pay Fishback Dominick for any services rendered and expenses incurred to transition cases and matters to other legal counsel retained by you. Please indicate your agreement with the above by executing below and returning a signed copy to me. I look forward to working with you on this matter. Thank you again for retaining my firm's services. Sincerely, ANDREW W. MAI AWM/cmc I agree to the above terms and conditions of representation. CITY OF SEBASTIAN 13y: FRED JONES Mayor of the City of Sebastian Dale: ATTEST: WReliancethe ofVy for n only: 4111ctle Williams, MMC City Clerk ity Attorney S 1 A%V\1%L%c*1%C@y GfSeblr.11 4aiim Arwm. nl 3.9.1071.doe 214 of 223 AGREEMENT FOR SPECIAL MAGISTRATE FOR CODE ENFORCEMENT THIS AGREEMENT made and entered into this /.4day of August, 2014 by and between the City of Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Kelley H. Armitage (hereinafter referred to as "Mr. Armitage") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Mr. Armitage, as Special Magistrate for Code Enforcement, and WHEREAS, the City expects Mr. Armitage to perform all the responsibilities and obligations as Special Magistrate, as stated in Section III of this Agreement; and WHEREAS, Mr. Armitage is willing to enter into a non-exclusive relationship with the City of Sebastian to provide such services. NOW THEREFORE, In consideration of the mutual covenants contained herein, the City and Mr. Armitage, hereby agree as follows: I. APPOINTMENT The City;hereby appoints Mr. Armitage as the Special Magistrate for Code Enforcement effective as of the date of this Agreement. TERM OF AGREEMENT The Special Magistrate shall serve at the will of the Sebastian City Council. The Sebastian City Council may terminate the Special Magistrate's appointment at any time without cause. Mr. Armitage may terminate this Agreement and his obligations hereunder after thirty (30) days advance written notice. III. DUTIES OF THE SPECIAL MAGISTRATE It is understood that Mr. Armitage has been retained to act as an independent, Special Magistrate for the City's Code Enforcement. As a Special Magistrate for Code Enforcement, Mr. Armitage will conduct hearings. once a month, or as often as the Sebastian City Council directs that hearings are to be held. Hearings will be conducted in accordance with City Code and due process of the law, and the Special Magistrate will promptly enter an appropriate order with respect to each matter. The Special Magistrate will treat City officials and employees and the citizens, residents and property owners of the City of Sebastian with dignity and respect. IV. COMPENSATION 1. The City will compensate Mr. Armitage at an hourly rate of One Hundred Fifty Dollars ($150.00) for the�conduct of the hearings and the appropriate disposition of each case brought to hearing. The City agrees to a one (1) hour minimum for each hearing calendar. The Special Magistrate will bill the City at the end of each month in which services were rendered. 215 of223 2. The City will not be responsible for paying or reimbursing the Special Magistrate for any costs or expenses, including travel time or mileage, food, lodging, postage, telephone, office supplies, computer time, copies, faxes or any other costs or expenses, whether direct, indirect or incidental. 3. The City will not be obligated to provide any minimum amount of work for the Special Magistrate. 4. The Special Magistrate's appointment is not exclusive. The City Council, in the exercise of its discretion, may appoint additional Special Magistrates at any time. V. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Armitage against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Armitage acting within the course and scope of his duties as Special Magistrate. VI. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. Vlll. ENTIRE AGREEMENT The Agreement constitutes the -entire Agreement between the parties and with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between: the parties hereto with respect to the subject matter of this Agreement. IX. NOTICES All notices consents, requests, instruction, approvals and other communications provided for herein shall be :validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage, prepaid, return receipt requested, to the hereinafter designated address: To the City: City of Sebastian Attention: Mayor 1225 Main Street Sebastian, FL 32958 216 of 223 With Copy to: To Special Magistrate: City of Sebastian Attention: City Manager 1225 Main Street Sebastian, FL 329S8 Kelley H. Armitage, Esq. 204 Moccasin Trail North Jupiter, FL 33458-8003 IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Mr. Armitage has executed this Agreement as of the day and year first above written. CITY OF SEBASITAN A Florida municipal corporation Bob McPartlan, Mayor ATTEST: Sally A. Maio, C City Clerk Kell y H. A age, Esq. 217 of 223 < \ �1 lon SEBASTIAN t1011MM111 111/�RA110% "J4 - Ml CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: July 10, 2024 Aeenda Item Title: Resolution No. R-24-30 - Proposed Resolution amending the Parking -in -Lieu fee originally established in September of 2010 by Resolution R-10-35. Recommendation: Staff recommends approval of Resolution R-24-30 revising the Parking -in - Lieu Program Rate to $17,500 and repealing Resolution R-10-35. Backeround: Resolution R-24-30 has been prepared to revise the rate to $17,500 per space for the Parking in Lieu program. This program was originally established in September 2010. In 2010 it was determined that constructing a parking space cost on average $3,200. In the 14 years since the establishment of this program, the rate that was established has not been modified. Staff has reviewed the current cost for materials and labor. The Parking in Lieu program when originally established, determined that it was in the public interest to allow businesses within the Riverfront area the opportunity to utilize public parking to meet their parking needs. If Aeenda Item Reauires Exuenditurc of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Revised Resolution R-24-30 2. Parking in Lieu June 2024 Cost Estimate Administrative ServicejDje a ent Review: j -A , —' U City Attorney Revie . Procurement Division Review, i1'applrcable: City Managcr Authorization: Date: 71 _ /4-0 A Y 218 of 223 RESOLUTION NO. R-24-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PARKING IN LIEU OF PROGRAM RATE OF $17,500 PER SPACE; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 22, 2010, the City Council of the City of Sebastian, Florida, adopted Ordinance 0-10-05 establishing a Parking in Lieu of program fund; and WHEREAS, on September 22, 2010, the City Council of the City of Sebastian, Florida adopted Resolution R-10-35 establishing a Parking in Lieu of program rate; and WHEREAS, any monies collected will be kept in a fund setup specifically for this purpose; and WHEREAS, any monies collected are to be utilized for actual costs of parking: land acquisition or acquisition of parking facilities, constructions, public information (wayfinding or directional signage), and planning and engineering; and WHEREAS, the City Council wishes to establish a revised fee per parking space to be utilized in this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The above Whereas Clauses are true, correct, and are hereby adopted and incorporated herein as the legislative findings of the City Council of the City of Sebastian. SECTION 2. FEES FOR PARKING IN LIEU PROGRAM A. The cost per parking space to be utilized in this program is established at $17,500. SECTION 3. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE This Resolution shall take effect upon adoption. 219 of 223 The foregoing Resolution was moved for adoption by Council Member . 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 Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Chris Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 100' day of July, 2024. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality: IM Jennifer Cockcroft, City Attorney 220 of 223 Alix Bernard From: Karen Miller Sent: Wednesday, June 19, 2024 11:45 AM To: Brian Benton; Alix Bernard Subject: Re: Parking Space quote Yes. One space. His quote includes 23 SY, which is one space From: "Brian Benton" <bbenton@citvofsebastian.orF,> Subject: Parking Space quote Date: 19 June 2024 11:33 To: "Karen Miller" <KMiller@citvofsebastian.orF,>, "Alix Bernard" <ABernard@citvofsebastian.org> Just 1 parking space? From: "Karen Miller" <KMiller@citvofsebastian.ora> Subject: Parking Space quote Date: 19 June 2024 11:14 To: "Alix Bernard" <ABernard@citvofsebastian.orR>, "Brian Benton" <bbenton@citvofsebastian.org> FYI —This does not include the patterned pavement cost. From: Kris Shane <k.shaneaps@gmail.com> Sent: Wednesday, June 19, 2024 10:01 AM To: Karen Miller <KMiller@cityofsebastian.org> Subject: Re: Parking Space quote 20'x10' parking spaces 23 square yards 2" of HMA - 3 tons 10" of lime rock- 13 tons Excavation/ grading/ compaction Striping Total cost- $15,000.00-17, 500.00 Thank you, Kris Shane Technical and Marketing Manager Asphalt Paving Systems, Inc. Zephyrhills, Florida (813 )-480-1865 221 of 223 On Jun 19, 2024, at 9:36 AM, Karen Miller <kmiller@citvofsebastian.org> wrote: Hi Kris, There are no spaces we need to create at this time. We are just trying to determine a cost to charge developments when they cannot fit a space in their area and the City would have to create one. The current cost the City has down is from 1S years ago. I would say not to consider using millings as at the time of construction we would not know what is on hand. Again this is just for planning purposes. If in the future the need arises we would contact you to get this created. Thanks, City of Sebastian City Engineer (772) 228-7056 <image001.png> From: Kris Shane <k.shaneaPs@gmail.com> Sent: Wednesday, June 19, 2024 9:34 AM To: Karen Miller <I<Miller@citvofsebastian.orP,> Subject: Re: Parking Space quote Hey Karen, Where would this be located? Could we use millings as base? Would we be able to complete this when we complete the roads off of US1? Thank you, Kris Shane Technical and Marketing Manager Asphalt Paving Systems, Inc. Zephyrhills, Florida (813)-480-1865 On Jun 19, 2024, at 9:28 AM, Karen Miller <kmiller@citvofsebastian.org> wrote: Hi Kris, Would it be possible to send over a quote to create a 20'x10' parking space? This would be creating a new space where there is currently sod. We would like the estimate to include grading, base and sub base, 1.5" asphalt topping, and all labor. 2 222 of 223 We are not yet trying to complete this work but trying to plan for costs, so an email response with an estimate or a formal quote would be fine. Thanks, xaren XfAer City of Sebastian City Engineer (772) 228-7056 <image001.png> Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Greenl Please do not print this e-mail unless necessary. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. 223 of 223