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09-11-2024 CC Agenda
N( l,* SEBASTIAN CENTENNIAL CELEBRATION 1924.1024 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 11, 2024 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Council Member McPardan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. Presentation - Corporal Matthew Radock - 2023 Sebastian Police Department Officer of the Year Presentation - Communications Supervisor Gloria Brown - 2023 Sebastian Police Department Civilian Employee of the Year Proclamation - Hunger Action Month - September 2024 Sherry Siegfried and Angela Donovan, Treasure Coast Food Bank Proclamation - National Surgical Technologists Week - September 15-21, 2024 Stephanie Baker Hurst, President, Florida State Assembly of the Association of Surgical Technologists Proclamation - Constitution Day and Citizen Day - September 17, 2024 Constitution Week - September 17-23, 2024 BriefAnnouncements: 1 Saturday, September 14 - Touch a Truck & Tour Open House at City Hall Complex - IOam to 2pm Saturday, September 14 - Sebastian River Area Chamber of Commerce Roaring Twenties Gala at the Polish American Club - 6pm to IOpm Monday, September 16 - Special City Council Meeting for First Public Hearing on the Millage and Budget - Approval of Capital Improvement Program & Financial Policies - 6pm in Chambers Friday, September 20 - POW/MIA Ceremony at Riverview Park Veterans' Memorial -1lam Saturday, September 21 - International Coastal Clean-up at Riverview Park Twin Piers - 9am to Ham 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input"provides and opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. August 22, 2024 - Strategic Plan Public Workshop Minutes Draft Strategic Plan Public Workshop Minutes.pdf B. Consideration of road closures and the use of the Mobile Stage (without fees) for the Sebastian River High School - Homecoming Parade Staff Report SRHS Homecoming Parade Documents.pdf C. Consideration of Resolution No. R-24-49 adopting an official list identifying City owned real property deemed appropriate for use as affordable housing pursuant to section 166.0451 Florida Statutes. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN OFFICIAL LIST IDENTIFYING CITY OWNED REAL PROPERTY DEEMED APPROPRIATE FOR USE AS AFFORDABLE HOUSING PURSUANT TO SECTION 166.0451, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE Staff Report RESOLUTION R-24-49 2 D. Consideration of Resolution No. R-24-51, establishing a policy regarding settlement of claims A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ESTABLISHING A POLICY OF THE CITY COUNCIL RELATING TO SETTLEMENT OF CLAIMS AND AUTHORIZATION OF CITY STAFF TO ENTER INTO SETTLEMENTS ON BEHALF OF THE CITY COUNCIL; ESTABLISHING LIMITATIONS AND AMOUNTS; PROVIDING FOR CONFLICTS, SEVERABILTY AND AN EFFECTIVE DATE. Staff Report Resolution No. R-24-51 Policy - Settlement of Claims 06-26-2024 City Council Minutes E. Consideration of an agreement with BTS USA, Inc. for leadership training for City staff in the not to exceed amount of $21,975 and authorize the City Manager to execute the appropriate documentation. Staff Report EXTRAORDINARY PROCUREMENT CERTIFICATE BTS Information In person workshop and Total Access City of Sebastian and BTS Total Access Agreement F. Consideration of a purchase order for $37,250.00 for Arcadis U.S., Inc. to determine the culvert dimensions for the Schumann Drive Culvert. Staff Report Extraordinary Procurement Form Arcadis Quote G. Consideration of a purchase order for $20,560.40 for Computers at Work!, Inc. to provide Rugged Laptops for the Sebastian Police Department. Staff Report Procurement Justification Computers At Work, Inc. Quote Computers At Work Agreement_.pdf H. Blanket travel authorization for City Council travel through the end of Fiscal Year 2024- 2025 Staff Report I. Alcohol Beverage Approval - Langfelder Staff Report Amanda Langfelder Documents.pdf 9. COMMITTEE REPORTS & APPOINTMENT City committee reports and Council Member regional committee reports. No public input or action except City committee member nominations and appointments under this heading. 10. BOARD OF ADJUSTMENT HEARINGS A. TABLED from August 28, 2024 — Consideration of a Variance Request — Holiday Builders, Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zoning District 1. Staff Report 3 2. Variance Analysis - Staff 3. Board Criteria for Determining Variances 4. Aerial 5. Exhibits 6. Objection Letter 11. UNIFINISHED BUSINESS A. Discussion regarding the placement and design of the America 250 monument at the Veteran's Memorial in Riverview Park. Staff Report 1. America 250 Monument Presentation 2. Proposed America 250 Location 12. NEW BUSINESS A. Consideration of appeal from Ms. Weston in her request for CDBG funds. Staff Report Weston - Denial letter.doc Weston - Appeal Letter .pdf B. Council consideration of the Beach Cove Mobile Home Park Agreement for Access with the City of Sebastian for Emergency Services Access Staff Report.docx Beach Cove Emergency Access Agreement.pdf Exhibit A - Emergency Access Agreement Exhibit B to Emergency Access Agreement.pdf C. Requesting City Council waive the competitive sealed bidding requirements and authorize the purchase of AED's and Lockable Outdoor AED Cabinets in the amount of $29,880.00 from Rescue One Training for Life, Inc. Staff Report Procurement Justification - AED and Enclosure Purchase Rescue One Quote AED Team Quote Cardio Partners Quote D. Consideration of Resolution No. R-24-50, fee increases and additional requirements for for -profit special events at city facilities. A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, INCREASING FEES AND CONDITIONS OF FOR -PROFIT SPECIAL EVENT USE OF CITY FACILITIES PURSUANT TO CITY OF SEBASTIAN CODE OF ORDINANCES SECTION 74-7(a); PROVIDING FOR CONFLICTS, SEVERABILITY, SCRIVENERS ERRORS AND AN EFFECTIVE DATE. Staff Report Resolution R-24-50 E. Consideration of Resolution No. R-24-52 Mission Square Loan Guidelines Agreement A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE MISSION SQUARE RETIREMENT PLAN TO PERMIT LOANS; PROVIDING FOR CONFLICTS, SEVERABILITY, SCRIVENERS ERRORS AND AN EFFECTIVE DATE. 4 Staff Report Resolution R-24-52 Loan Implementation Packet.pdf 13. CITY ATTORNEY MATTERS A. City Council Discussion and Direction Regarding Code Enforcement and Special Magistrate services. Staff Report Magistrate Agreement.pdf July 10 Council Meeting Minutes.pdf 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS CITY COUNCIL MATTERS Council Member McPartlan Council Member Nunn Vice Mayor Dixon Mayor Dodd Council Member Jones 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 B Y A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANYPERSON WHO DECIDES TO APPEAL ANYDECISIONMADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANYMATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND 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 SPECIAL A CCOMMODA TION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING 5 Regular City Council Meetings Public input is ALLOWED under the headings: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public input is NOT ALLOWED under the headings: • Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards) • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments) • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 6 one. SEBASTIAN (IM119XI�1 (11111AIIOM M-MA CITY OF SEBASTIAN STRATEGIC PLAN PUBLIC WORKSHOP MINUTES THURSDAY, AUGUST 22, 2024 3:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER Present from the Citv: Mayor Ed Dodd City Manager Brian Benton Public Works Director Lee Ploure Community Development Director Alix Bernard Communications and Social Medial Coordinator Avery Joens Records Specialist Cathy Testa Administrative Assistant Ann Thomas 2. WORKSHOP ITEMS A. Welcome & Introduction of the Citv's Strategic Planning Consultants Mayor Dodd welcomed everyone to the meeting and introduced Dr. Richard Levey and Dr. Joe Saviak, the consultants for strategic planning for the City of Sebastian. Mayor Dodd explained that once the strategic plan is finalized, everything the City of Sebastian does will be tied to the strategic plan. He emphasized that it is very important to get this right. Mayor Dodd explained that he wants a lot of input in this process and he has been hoping for even more people to come to the meeting. The implementation of a strategic plan has been contemplated for many years and he gave kudos to the City Manager for getting this in place. B. The Pumoses and Benefits of Strategic Planning Dr. Saviak expressed gratitude for everyone coming and participating and expressed that the citizens are adding value by being here and giving their input. He presented an overview of strategic planning, which is important to ensure the long-term success of the City of Sebastian and to make the most of opportunities. We can be proactive, instead of reactive, to produce the best results for the City. Strategic planning helps us to identify opportunities. It also helps us to recognize and mitigate risks, and fosters alignment between goals and what is actually accomplished. A strategic plan works best when you start with the mission, then clarify your vision and values, so they can create workable goals. Organizations do better when their mission, vision, values, and goals are clear, and this will help the City to optimize positive and effective results for citizens in the community. • Helps to attract resources • Be anticipatory, instead of being reactive, to get the best outcomes 7 Strategic Plan Public Workshop August 22, 2024 at 3:00 pm Page 2 • Creates alignment between actions and your organizational goals • Is a budgetary tool to allocate resources C. Presentation of the Citv of Sebastian's Proposed Mission, Vision, Values and Goals Dr. Saviak explained this was a research -driven process. We want to have measurable objectives so that we can implement and then evaluate. The plan is to set the mission, define goals and objectives, and then create detailed action plans to achieve those objectives. Another goal is to have budgetary alignment with each the goals. It is also important to measure what we do so we can improve upon it because if you can't measure it, you can't manage it. Interviews were conducted with Council and City leadership to get their thoughts and perspectives on mission, vision, values, and goals followed by a survey of the workforce. Council was enthusiastic, strongly committed to this process, and eager to hear input from the community they serve. Implementation plans for the goals will be created, and the strategic plan will undergo review. The ultimate goal is to get the best possible results for Sebastian. D. Public Comments/Ouestions on the Draft Mission. Vision. Values and Goals One citizen asked, how many employees received the survey and if this included the public school system? Dr. Levey responded that there was very high participation from all City employees with responses received from 100 of the 124 employees, but the survey did not include the school system. He emphasized that they reached out to all City employees with the survey. Dr. Levey discussed the alignment between city and community and that the City Council is very engaged and wants more public input. Residents were then encouraged to fill out the citizen comment cards that were available to them. There was some space on the comment cards for open-ended comments or ideas that are not contained within the four items listed within the mission statement. PROPOSED MISSION • Quality public services • Quality of life • Foster economic opportunity • Maintain our small-town feel One gentleman asked if the strategic plan would impact Indian River County. It was clarified that the focus of this is the City of Sebastian. The goals of the City may or may not align with the County. This is an independent strategic plan for the City, but there are always opportunities for the City and County to work together. One resident, Karen, expressed concern regarding the quality of public services because she wants to limit government. This is a retirement community, so she was concerned about fostering economic opportunity being part of the mission. Dr. Levey responded that limited government could be part of the mission or part of values. Another resident, new to Sebastian, was concerned for taxpayers, costs, and whether this would be voted upon? Dr. Levey reminded the resident that the City Council are elected to represent the residents. Meetings like this are to provide that input and feedback to the Council so they can make good decisions for citizens. 0 Strategic Plan Public Workshop August 22, 2024 at 3:00 pm Page 3 Mayor Dodd reminded the audience that strategic planning does not allocate funds. This is not about spending. We are talking about overall direction of the city, the objectives we will work on to meet that mission. One resident mentioned going to a meeting recently about Riverview Park where there was a discussion of funds being allocated to the park, and if strategic planning was budgeting in the same way. The City Manager explained details about budget allocations and splash pad project. The funding for the project is $1.5 million grant. He clarified that the City is still working on this an there will be additional public meetings. The citizen asked further if the park project will be paid for by a grant. The City Manager explained that the grant will partially pay for it. Most grants have a matching component, so City funds must also be allocated to make projects happen. Strategic planning is different from this. Once the City has a strategic plan, then then have specific goals to work on, and all budget items will have to line up with the strategic plan. PROPOSED VISION • Preserve our hometown vibe and coastal charm • Vibrant community and desirable place to live • Ensure smart, sustainable growth • Promote our beautiful waterfront Resident Diane Bolton said she would not say no to any of the vision statements, but she thinks what is missing is anything about health, nature, the environment, and conservation of Pelican Island as a wildlife refuge. She expressed that people are here in Sebastian because it is a healthier, safer place to live. Dr. Levey encouraged her to write that in on her card and said that is just the kind of feedback that is desired. Ms. Bolton also asked about town planning. Dr. Levey says a strategic plan will help create alignment in areas like that as well, but this is a large, comprehensive area that was more than what could be addressed today. One resident asked how funding would be tied to the strategic plan. The City Manager explained that all projects are directed by the City Council and that without a strategic plan, the City does not have anything formalized. It is possible that departments might be working on projects that are not in alignment with the Council. Through the strategic plan, funding will be tied to the goals and objectives of the City Council. Resident, Bob, asked about the costs for the strategic planning and was informed the cost of the consulting contract was $73,000. Dr. Saviak and Levey have been working on the plan for a few months and there are a few more months of work for them to do. All requirements were followed. One citizen expressed concern that the mission statements were written vague enough that they could be looked at in different ways and citizen input will ultimately not matter. Dr. Saviak explained that measurable objectives will make this more concrete and will help it stand up to scrutiny. The vision sounds broad right now, but it gets more specific when put into objectives and will provide clarity. All objectives will be public. The citizen said they are being asked to say yes to things that are so general that they don't mean anything. Strategic Plan Public Workshop August 22, 2024 at 3:00 pm Page 4 It was clarified that there will be more community meetings and citizens will have more opportunities to express themselves and influence this process with their feedback. The City Manager assured the citizen that another community meeting will happen again in the next couple of months. City Council has instructed the City Manager to have the strategic plan in place and ready for the next budget. PROPOSED VALUES • Public transparency • Professionalism • Protect our natural resources • Preserve our coastal charm • Innovative initiatives PROPOSED GOALS • Support smart, sustainable growth • Preserve our hometown feel and coastal charm • Encourage economic development • Improve organizational efficiencies • Ensure a high level of public safety for our community The proposed values and goals were presented to the citizens and they were again encouraged to put feedback on the comment cards and ask questions. E. Members of the Public ComDlete and Turn in Comment Cards to Provide Additional Feedback Diane Bolton asked if they could put some thought into this and give more feedback later on. The City Manager provided a specific email where feedback could be sent: strategic 1p annin (&citvofsebastian.org The City Manager asked for citizens to try to respond within 2 weeks if they could. ._1 I URINI The workshop was adjourned at 4:07 pm. 10 one SEBASTIAN QMIINNIAI (tIUI/IIO$ MA-M& CITY OF SEBASTIAN STRATEGIC PLAN PUBLIC WORKSHOP MINUTES THURSDAY, AUGUST 22, 2024 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER Present from the Citv: Mayor Ed Dodd City Manager Brian Benton City Engineer/Special Projects Manager Karen Miller City Clerk Jeanette Williams 2. WORKSHOP ITEMS A. Welcome & Introduction of the Citv's Strategic Planning Consultants Mayor Dodd welcomed everyone to the meeting and explained that since 2016 the City Council has been trying to create a strategic plan for the City. He then introduced Dr. Richard Levey and Dr. Joe Saviak, the consultants for strategic planning for the City of Sebastian, who will be presenting at high level the goals of the strategic plan. This will be the first workshop with the public. It will not include a lot of details such as months, timeframes or dollar amounts, but they will discuss the City's mission and plans and ask for your feedback. The strategic plan will be the basis for the City's plans for the next three to five years and the basis for the 2026 budget year. The City Council would like to have the plan completed by February 2025 when they will begin working on the budget for 2026. Mayor Dodd says it is important for the City to do this because it helps to plan and control the City government and finances. B. The Purposes and Benefits of Strategic Planning Dr. Saviak presented an overview of strategic planning, which is important to ensure the long- term success of the City of Sebastian and to make the most of opportunities. A strategic plan works best when you start with the mission, then clarify your vision and values, so they can create workable goals. Organizations do better when their mission, vision, values, and goals are clear, and this will help the City to optimize positive and effective results for citizens in the community. The City can be proactive, instead of reactive, to produce the best results for Sebastian. Strategic planning helps us to identify opportunities. It also helps us to recognize and mitigate risks, attract resources, and make best use of limited resource. Strategic planning helps an organization to define the future and then create that future by fostering alignment between goals and what is actually accomplished. 11 Strategic Plan Public Workshop August 22, 2024 at 6:00 pm Page 2 C. Presentation of the Citv of Sebastian's Proposed Mission. Vision. Values and Goals Dr. Saviak explained this was a research -driven process. A strategic plan has measurable objectives so that the goals can be implemented as well as evaluated. The plan is to set the mission, define goals and objectives, and then create detailed action plans to achieve those objectives. Another goal is to have budgetary alignment with each the goals. It is also important to measure what we do so we can improve upon it because if you can't measure it, you can't manage it. Interviews were conducted with Council and City administrative leadership to get their thoughts and perspectives on the mission, vision, values, and goals followed by a survey of the workforce. All of this research was shared with City Council. City Council was enthusiastic, strongly committed to this process, and eager to hear input from the community they serve. Implementation plans for the goals will be created, and the strategic plan will undergo review. The ultimate goal is to get the best possible results for Sebastian. Dr. Levey presented the proposed mission, vision, values, and goals that came from the research they conducted and directed citizens to the comment cards so they could provide feedback. Citizens can mark for items to be included or excluded and also can respond on the card with their own ideas. PROPOSED MISSION • Quality public services • Quality of life • Foster economic opportunity • Maintain our small-town feel PROPOSED VISION • Preserve our hometown vibe and coastal charm • Vibrant community and desirable place to live • Ensure smart, sustainable growth • Promote our beautiful waterfront PROPOSED VALUES • Public transparency • Professionalism • Protect our natural resources • Preserve our coastal charm • Innovative initiatives PROPOSED GOALS • Support smart, sustainable growth • Preserve our hometown feel and coastal charm • Encourage economic development • Improve organizational efficiencies • Ensure a high level of public safety for our community Citizens were also provided the following email so they could send feedback at their convenience over the next two weeks: stratep-icvlanning(&citvofsebastian.om 12 Strategic Plan Public Workshop August 22, 2024 at 6:00 pm Page 3 D. Public Comments/Ouestions on the Draft Mission, Vision. Values and Goals The first gentleman to give feedback praised the process that he seen presented this evening. He described it as excellent, professional, and thoughtful. But he also expressed some concerns about the way residents are taxed by the County and whether Sebastian residents were free to do what they wanted or whether they were constrained by the interests or concerns of the City of Vero Beach. Dr. Levey appreciated his feedback and explained that all of the citizen feedback would be used to help the City to create specific objectives and ultimately plans to execute on those objectives that will be more detailed. This gentleman also gave the helpful reminder that it is harder to get feedback from residents in the month of August when he believed many retirees might be out of town, though he did acknowledge the good intentions of the City. The next resident who spoke has been in Sebastian since 2016 and says he loves it here, but he is very concerned that houses are being built on every single available lot. He asked for a cap to be put on the number of houses being built. Dr. Levey let him know they could not address comprehensive planning and zoning at this meeting, but certainly concerns were a part of the vision components of preserving the character of the community and smart, sustainable growth. Next, a woman asked how we could stop people from building on the river. Dr. Levey acknowledged that as a growth question and a planning and zoning issue, and that her feedback is desired because the strategic plans could end up driving City government decisions about policies on growth. Another resident told a story comparing how codes are enforced today compared to when he moved here 29 years ago. He received a warning ticket for parking a U-Haul truck across a swale when he first moved in, but now he sees commercial trucks parked overnight on Barber Street and violations that would have never happened years ago. He feels there should be more code enforcement. Dr. Levey encouraged this gentleman to share more on what he felt the City should be doing on his comment card so that it will be included in the analysis. One woman asked if this meant the City does not have a vision statement at the current time. She was informed that the current vision statement can be found on the City of Sebastian website. She asked further questions about how they came up with the list of values and Dr. Saviak reviewed the process of discussing with City Council, City leadership, and surveying City employees to obtain their thoughts and perspectives that helped create this list. Another gentleman asked what can be done to connect Sebastian to other nearby communities because transportation has become an issue for retirees that can no longer drive and possibly how the railroad ties into that. Dr. Levey was glad to hear this resident had identified something they had not been included thus far. Dr. Levey said this could fall under smart, sustainable growth but he was glad for the specific feedback about mobility issues from this resident. This gentleman also said we need to pay more attention to what happens after dark. Many people are in the parks late at night and when the police are paying attention to that, it is taking away from other issues of public safety. 13 Strategic Plan Public Workshop August 22, 2024 at 6:00 pm Page 4 E. Members of the Public Complete and Turn in Comment Cards to Provide Additional Feedback Residents were again encouraged to respond and turn in their comment cards. They could also respond by email within the next two weeks to the following email address: strategicplanning@cityofsebastian.org 3. ADJOURN The workshop was adjourned at 6:45 pm. 14 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELEORATION 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul, Administrative Assistant SUBJECT Consideration of road closures and the use of the Mobile Stage (without fees) for the Sebastian River High School - Homecoming Parade EXECUTIVE SUMMARY Sebastian River High School (SRHS) is requesting City Council approval for road closures and use of the mobile stage (without fee) for the 2024 Homecoming Parade. The date for the parade is Tuesday, October 1 st and will start at 6:OOpm. They have chosen the following day (October 2nd) as a rain date if necessary. The road closures necessary are: 1. Indian River Drive: Jefferson Street to Harrison Street. 4:OOpm to line up floats into the Capt. Robert Hardee Main Street Boat Ramp parking lot until the parade leaves the area at 6:OOpm. Street intersections along the route will be reopened as the parade progresses from North to South. 2. Main Street from US 1 to Indian River Drive: from 4:OOpm until the parade completely leaves the area. 3. Sebastian Boulevard from the Speedway entrance to Indian River Drive: from 4:OOpm to the end of the event, Variable message boards will be placed on US 1 and Main Street, at both Boat Ramps and parking lots to notify boaters of the closures. Parade staging will be at the Capt. Robert Hardee Main Street Boat Ramp. Signage will require the Boat Ramp area to be vacated by 3:OOpm on October 1st. RECOMMENDATION Approve road closures and the use of the Mobile Stage (without fee) for the 2024 Homecoming Parade ATTACHMENTS: 1. SRHS Homecoming Parade Documents.pdf FUNDING SOURCE Total Cost: $750.00 to cover staff for road closures Funds to be Utilized for Appropriation: General Fund, Staffing 15 �l IN -f SEBASTIA_N HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 'For emergency purposes ONLY, please dial 772.473.0454 ` NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS ORO. 74-4 DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT Please check appropriate box(es): Park Event (75 to 300 anticipated attendees) _Special Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax $106.50 $200 Security Deposit $200 rent plus 6.5% tax 5213.00 Will event require road closures 'Must provide detailed site plan with application. 'If requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval Date:�� ��j � t� Ck)�IY M ()0j� Name of Permitt+ea (permits may only be Is ad to an adult) dL P1 Physical Address a nn City Requested Date(s) Name of Urgaitlon �ifapplic2e) Mailing Address if Different State Zip Phone E- atI I lD Rain Date (if applicable) (0 o m — , W or" I )�4�c� Time From - o Anticipated Number of Attendees �6c',, �n,�� oo� � Reason for Rental = Type o F�nction Will there be any sale of goods? Yeses_ No (If yes, please describe type of goods on back) Will there be food or other vendors? Yes No )( (If yes, please list name, address of each on back with description and schematic of structures (tents etc ) to be erected or otherwise assembled on back. (May require Health Dept or Fire Dept permit) the undersigned acknowledge that I am the applicant or authorized a ent of the above ;err.. ganization I am aware of t e provisions o of Sebastian Codes in respect to this appticatio d use of S;ityfac�ili ``'s for which lave applied a permit for a Park Event or Special Event I have been provided with the general rules presc d b the Ciyy'and agreq(to the terms t ereof Signature o pplicant) v Park Use Permit Application Rev 1.2021 16 Citmobily of Sebastian . Home of Wican Island City of Sebastian Municipal Police Department Avolication for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of rive (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 ;Hain Street, Sebastian, Florida 32958. (3) Hour Minimum Per Each Officer Required"' Rate Per (lour For Each Officer ..............$40.00 Rate Per Ifour For Each Supen isor........... S45.00 Rate Per Hour For Each Vehicle .............S3.00 � /� ,,,� (Applies t�o� on -site utilization of vehicle) y Applicant: _ ey-Y-1 A i ' ,6 ` . _c J/ _ �:..I v;a— 1T l k c�.1)1o' Mailing Address: '"`►�� ( hcQ,rI f )W J City: cv.h() `�'1�'c-�,. State: FL ZlpCode: _U 3Requested By: � fI 1 1 Telephone Numbers: �oL — )A Zi (1 Officer is required for attendance of 75 to 150 2 - Officers are required for attendance of 151 to 300) Number of Officers required: In Uniform:^I ` Plain Clothes: Starting Date: Iv)1 1 e-44 Ending Date: `n Starting Time: 1--) iYI j Ending sTime: Services Requested: X ri RH_-))r c n)-vk) 1 Service Location: T f'�. k oA\, iD Qc;Y4 Estimated Attendance: �v)n n Alcoholic Beverages Served: Yes No Other Comments or Duties: Date Received Type Clil'Zlt's Signature Please apply online once you have been approved: hens: rcuucsts.detailkotnmandcr.con-/sebastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 17 (2) Use railings or benches on piers or riverwalks for cleaning or cutting bait or fish. (3) Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. (4) Fish with more than two lines or poles at one time on piers or riverwalks. (5) Park or dock watercraft utilized for a commercial purposes, Including rental to the public, longer than reasonably necessary to launch or retrieve the same. (b) Signage. The city manager is empowered and authorized to further regulate waterway facilities within the context of this article by erecting or placing of signs governing their use. The existence of such signs at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the city manager. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. Sec. 74.6. - Park event permits. No person shall conduct a park event without the prior approval of the city manager. Any person desiring to conduct a park event shall submit a written application to the recreation department on forms promulgated by the city manager and shall pay fees as established by resolution of the city council. Further conditions for park event permit approval may be set out by resolution of the city council. Sec. 74-7. - Special event permits. (a) No person shall conduct a special event without the prior approval of the city council. Any person desiring to conduct a special event shall submit a written permit application to the recreation department on forms promulgated by the city manager. The amount of the permit fee and conditions for special event permit approval shall be established by resolution of the city council. (b) The city council shall deny an application if the special event will unreasonably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the city council to deny, or to grant with conditions, an application made pursuant to this section shall be final. Sec. 74.8. - Enclosed public -use facility permit. (a) No person shall utilize an enclosed public -use facility without the prior approval of the city manager, except that certain uses shall require city council approval as set out In paragraph (c) below. Anyone desiring to utilize an enclosed public -use facility shall submit a written application to the recreation department on farms promulgated by the city manager and shall pay fees as established by resolution of the city council. Further conditions may be set out by resolution of the city council. (b) No permit shall be granted for the commercial use of an enclosed public -use facility, although fund-raising for non-profit organizations shall be allowed subject to council approval as set forth below. In the event that gambling activity Is to be a part of the permitted use, the city council shall make a determination that such activity is not in conflict with the general law of the State of Florida. fc) In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11-00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the permit can onty be issued upon approval of the city council. Sec. 74-9. - Claims against security deposit. All or part of the security deposit for any permit issued under this article shall be forfeited to the city if it Is determined by the city manager that non- compliance with the terms of this article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The city manager is authorized to pro -rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific dean -up attributable to the applicant. Any decis;on of the city manager may be appealed to the city council. The city council may affirm, reverse or modify the decision of the city manager after considering the facts as presented by both the applicant and the city manager. Sec. 74.10. Permit rescission. The city manager is authorized to rescind any permit found in violation of provisions of this article when it is deemed In the best interest of the public. Violations of any provisions of this article may result in the forfeiture of the security deposit as provided above. The decision of the city manager may be appealed to the city council. The city council may affirm, reverse or modify the decision of the city manager after considering the facts as presented by both the applicant and the city manager. 18 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information on this page NAME ADDRESS TYPE 1 n 011 y- fie Mc, hle� r OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: Park Use Pcrtnit Application Rev 1.2021 2 19 CITY OF A �T ASTj` �V HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONEi (772) 589.W7 FAX (772) 589-2566 GENERAL PARADE FLOAT AND TRAILER GUIDELINES 1. All floats (trailers & vehicles) are required to have at least one fire extinguisher (min 51b ABC). 2. All trailers and vehicles using generators are required to have at least one fire extinguisher (min 51b ABC) in close proximity to the generator. 3. Generator usage shall be in a safe manner and placed so that there are no combustibles near the unit and the exhaust is directed away from combustibles and people 4. No storage of fuel is allowed near running or hot generators. 5. All floats (trailers & vehicles) carrying people must have stabilizers and barriers to prevent falls while on the floats as well as falls from the floats. 6. Drivers of vehicles used as floats or towing floats must have a clear view of their float as well as the roadway beside and ahead. ------------------------------------------------------------------------------------------------------------ 2024 Sebastian River High School Parade I agree to hold harmless the City of Sebastian and all pertinent owners, directors, officers, employees, representatives, agents, and successors from and against any and all claims or liabilities. I also agree to hold harmless any and all of the above persons for any injuries or illnesses whatsoever, including without limitations, injuries to my person and/or property arising out of or incident to any. participation in the 2022 Sebastian River High School Homecoming Parade. Plea r t Nam Sign Name He C i C'�� \ Sties-r Street Address `� hQ AAC' City ---III � zW Date NV A State Zip PLEASE SUBMIT WITH APPLICATION YOU WILL NOT BE PERMITTED IN THE PARADE LINEUP WITHOUT If THANK YOU 20 DATE (MMIDDIYYYY) A`CORV CERTIFICATE OF LIABILITY INSURANCE 8/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy((es) must be endorsed. If SUBROGATION IS WAIVED, sub)ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER "p�'__"IffA--" Cristina A. Fortier Relation Insurance Services of Florida, Inc. �N�,,. (772)919-8560 (JAI Rol, n)xlaty-ssv 700 Central Parkway A�E34:cristina.fortierfrelationinsurance.com INSURERISI AFFORDING COVERAGE -_NAIL 1_ Stuart FL 34994 N6URERA:Underwriters@Llovda Ambridge 074923 INSURED SCERMP-South Central Educational Risk Management MSURERe:Safety National Casualty Corporation 018564 Program; School Districts of Martin, Indian River, INSURERC: St. Lucie, Glades, Hardee, Hendry Highlands Counties INSURER0: 1 700 SE Central Parkway INSLIRERE: Stuart FL 34994 INSURERF. COVERAGES CERTIFICATE NUMBER: CL23 622 688 J4 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �IISR EXP AtMSD TYPE OF INSURANCE VfVD POLICY NUMBER IMb00 WITY1 IMMMOY LTR IYYYYI LT LIMITS X COMMERCIAL GENERAL LIABILITY PKI017623 EA �j9 S $2,000,000 � jCy DAMA4EiV R IMOCCUR SIR: $200K Par Claimant A CLAWS -MADE wTEWSES IEa cxr�rentet S - - X Per Member $300K Par Occurrence 07/01/2023 07/01/2024 ME0 EXP Any One person) $ As Per F. S.760. 26 PERSONAL 6 AOV tNJURY $ GEMLAGGREGATE LIMITAPPLIES PER 0500X All Other Liability GENERAL AGGREGATE $ 6,000,000 7 POLICY Q JE O- LOC —X 'jI PRODUCTS -COMPIOPAGG S OTHER* Per Nambor $ AUTOMOBILE LIABILITY PK1017623 �NED SINGLE UW1T JEAA S 2,000,000 ANY AUTO SIR: 0200K Per Claimant BODILY INJURY (Pet person) $ I ALL OWNED AUTOS SCHEDULED $3009 Per Oewreenea 07/01/2023 07/01/2024 AUTOS BODILY INJURY (Per acddant) S HIRED AUTOS NON -OWNED As per 7.3.768.20 AUTOS PRO f KORd�amDAMAGE 1 S $500K All Other Liability S UMBRELLA I" (OCCUR � H EACH OCCURRENCE 5 EXCESS LUAS CLAUAS-MAGE j AGGREGATE 5 I DED RETENTION S ( 5 WORKERS OMPENSATION' tR I I EMPLOYERS' LIABIUTY YIN UTE CUR" ANY PROPRIETORIPARTHERIMCUTNE ^ SP 4066602 E L. EACH ACCIDENT $ 2.000,000 I OFF:CEPIMEMBER EXCLUDEm F I NTA B (MandamyInNH) SIR: $1,000,000 07/01/2023 07/01/2024 E.L. DISEASE - EA EMPLOYEE S Included if ye:. amerma under DESCRtPTION OF OPERATIONS beZu- E.L. DISEASE - POLICY LIAOT S DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101. AddlUoasl Remarks Schodule, may W atuchod II mono space Is required) RE: Indian River County School District SRHS 2023 Homecoming Parade - October 10, 2023 CERTIFICATE HOLDER City of Sebastian 1225 Main St. Sebastian, FL 32958 ACORD 25 (2014101) INS02S 12014011 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A FL House/=RCT 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 21 cnvOF HOME OF PELICAN ISLAND Leisure Services Department 1225 Main Street, Sebastian, FL 32958 Phone:772.228.7057 Fax:772.388.8249 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR USE OF MOBILE STAGE The (renter/lessee) Name: J,�(YlYilif��� Address. q oC . >(k Y-)w 'l City: ��lca�, State: L- Zip Code 3�5� Shall indemnify and hold the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the (renter/lessee), its family, associates, contractors, agents, employees, customers and attendees. Agreed to this day of or 20 al-� CITY OF SEBASTIAN Signed: Print name: RENTERAES Signed:n�, Print Nam . ,�'l �1� l kA11( \ fX( S P I 22 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of Resolution R24-49 adopting an official list identifying city owned real property deemed appropriate for use as affordable housing pursuant to SUBJECT section 166.0451 Florida Statutes. EXECUTIVE SUMMARY In accordance with Florida Statute 166.0451 municipalities within the State of Florida are required to prepare an inventory list of all real property within its jurisdictional limits which the City owns that has the potential of being utilized for affordable housing. In addition, this list must be adopted by resolution every three years and placed on the City's website. Staff has identified three parcels which have the potential of being developed for affordable housing. They are listed below. 1. Tuxedo Terrace — 2.49 acres 2. Concha Drive — 2.93 acres 3. Barber Street — 3.81 acres RECOMMENDATION Staff Recommends approval of Resolution R24-49 adopting an official list of City property deemed appropriate for use as affordable housing. ATTACHMENTS: 1. Resolution No. R-24-49 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 23 RESOLUTION NO. R-24-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN OFFICIAL LIST IDENTIFYING CITY OWNED REAL PROPERTY DEEMED APPROPRIATE FOR USE AS AFFORDABLE HOUSING PURSUANT TO SECTION 166.0451, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.0451, Florida Statutes requires that municipalities in the State of Florida prepare an inventory list of all real property within its jurisdiction to which the City holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, Section 166.0451, Florida Statutes, further requires each municipality to review the inventory list at a public hearing, adopt a Resolution that includes the inventory list of such property, and to post this inventory list on the municipality's website; and WHEREAS, the City of Sebastian has reviewed the inventory of City owned property deemed suitable for affordable housing and now wishes to pursue the adoption of the inventory list as required by Section 166.0451, Florida Statutes. NOW, THEREFORE, be it resolved by the City Council of Sebastian, Florida, as follows: SECTION 1. RECITALS. The above recitals are hereby adopted and incorporated herein as the true and correct legislative findings of the City Council of the City of Sebastian. SECTION 2. ADOPTION. The City Council hereby adopts the official list of real property owned by the City which is appropriate for use as affordable housing pursuant to Section 166.0451, Florida Statutes, described below and made a part of this Resolution: 1. Parcel ID: 31382400001211000000.1 Physical Address: Tuxedo Terrace, Sebastian, FL 32958 Owner: City of Sebastian — Municipal — 100% 1225 Main Street, Sebastian, FL 32958 Subdivision Name: Sebastian Highlands Unit 10 Property Use: Vacant Sq Feet: 108,464 Acres: 2.49 Short Description: SEBASTIAN HIGHLANDS UNIT 10 BLK 211 TRACT A PBI 6-37A 24 2. Parcel ID: 31382500001347000000.0 Physical Address: Concha Drive, Sebastian, FL 32958 Owner: City of Sebastian — Municipal — 100% 1225 Main Street, Sebastian, FL 32958 Subdivision Name: Sebastian Highlands Unit 11 Property Use: Vacant Sq Feet: 127,630 Acres: 2.93 Short Description: SEBASTIAN HIGHLANDS UNIT 11 BLK 347 TRACT E PBI 7-56A 3. Parcel ID: 31382500001000100001.0 Physical Address: Barber Street, Sebastian, FL 32958 Owner: City of Sebastian — Municipal — 100% 1225 Main Street, Sebastian, FL 32958 Subdivision Name: Sebastian Highlands Unit 11 Property Use: Vacant Sq Feet: 165,963 Acres: 3.81 Short Description: SEBASTIAN HIGHLANDS UNIT 11TRACT D PBI 7- 56L SECTION 2. CONFLICTS. All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The Motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Christopher Nunn Council Member Fred Jones Council Member Bob McPartlan 25 The Mayor thereupon declared this Resolution duly passed and adopted this IIth day of September, 2024. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA I0 Ed Dodd, Mayor Approved as to form and legality: Jennifer Cockcroft, Esq., BCS City Attorney 26 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jennifer Cockcroft, City Attorney SUBJECT Resolution R-24-51 Establishing a Policy on Settlement of Claims by Staff EXECUTIVE SUMMARY Resolution R-24-51 Establishes a Policy as set out by the City Council regarding settlement authority on claims against the City of Sebastian by Staff. On June 26 2024, the City Council gave direction to the City Attorney to prepare a proposed policy on settlement of claims. This Policy is brought forward for City Council approved within the parameters as set out. Settlement authority is granted to the City's Risk Manager/Human Resources Director of amounts up to $10,000.00. Amounts from $10,001.00 through $50,000.00 may be approved by the City Attorney and City Manager. Claims over $50,001.00 require City Council approval. RECOMMENDATION Approval of Resolution R-24-51 ATTACHMENTS: 1. Staff Report 2. Proposed Policy 3. Resolution R-24-51 FUNDING SOURCE: Expenditure required: $0 Amount Budgeted: n/a Funding source: n/a Additional Funds Needed: $ 0.00 27 RESOLUTION NO. R-24-51 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A POLICY AND PROVIDING FOR AUTHORIZATION TO CITY STAFF TO SETTLE CLAIMS ON BEHALF OF THE CITY COUNCIL WITHIN SPECIFIED PARAMETERS; PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY: PROVIDING FOR SCRIVENER'S ERRORS: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian wishes to establish a policy whereby City Staff may review and settle certain claims within specified limits and parameters; and WHEREAS, the City Council having previously reviewed and being briefed on this matter at the June 26, 2024 regular City Council meeting and determined that there are no current existing guidelines so it is necessary to establish same; and WHEREAS, in order to provide for prompt and efficient government in the interests of the health, safety and welfare of the citizenry the City Council hereby wishes to establish Staff authorization for certain claims when determined to be in the best interests of the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. The above recitals are true, correct, and are hereby adopted as the legislative findings of the City Council of the City of Sebastian. SECTION 2. The City Council of the City of Sebastian hereby authorizes the City's Risk Manager/Human Resources Director to settle claims of up to $10,000.00 when in the best interests of the City. The City Council further authorizes the City Attorney and the City Manager, jointly, to settle claims of up to $50,000.00 when in the best interests of the City. 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 28 The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day of September, 2024. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to Form and Legality: UA Jennifer Cockcroft, City Attorney 29 Cm Lf SEBASTLA HOME OF PELICAN ISLAND Document ID Title Settlement of Claims Authority Effective Date Prepared By Signature Revised Date Reviewed By Signature Date Approved: Approved By Signature Brian Benton, City Manager SCOPE: SETTLEMENT OF CLAIMS. PURPOSE: TO ESTABLISH AUTHORITY AND LIMITS FOR SETTLEMENT OF CERTAIN CLAIMS WITHIN LIMITS POLICY: SETTLEMENT OF CLAIMS. (A) Claims up to $10,000.00 The Risk Manager shall have the authority to and may settle any liability or worker's compensation claim either before or after suit is filed up to $10,000.00. (B) Claims $10, 000.01 up to $50, 000.00 The City Attorney may settle, adjust, compromise or otherwise dispose of any such claim with the concurrence of the City Manager, either before or after suit is filed, where the total amount being forgiven is in excess of $10,000.00 but not in excess of $50,000.00. (C) Claims $50, 000.01 and up These claims will need the approval of City Council 1 30 me SEBASTIAN CENTENNIAL CELEBRATION 191J -1024 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 26, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. Reverend Alexis Talbott of the Sebastian United Methodist Church gave the invocation. 3. The Pledge of Allegiance was led by Council Member McPartlan. 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/Special Projects Director Karen Miller Parks and Recreation Director Richard Blankenship Public Works Director Lee Plourde Golf Pro Greg Gardner Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS There was no objection to Mayor Dodd's request to add Resolution No. R-24-31 designating the City as a POW -MIA City as New Business Item #12a. The agenda was accepted by affirmation. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 31 Regular City Council Meeting June 26, 2024 Page 2 24.123 A. Presentation on the Fiscal Year 2023 Annual Audit by the Firm of Carr, Ri22s, & Inp-ram, LLC (Transmittal, Audit Available at: httos://www. citvofsebastian. oriz/ArchiveCenterNiewFile/Item/ 169, CRA Financial Statements, CRA Required Communications) Christine Noll-Rhan, partner with Carr, Riggs, and Ingram, LLC gave a brief summary of the City's audit for Fiscal Year 2023. BriefAnnouncements: Friday, June 28 - Chamber of Commerce Finally Friday on Cleveland St. — 6 to 9pm (Swamp Dawg) Thursday, July 4rh Freedom Festival — Parade begins at 8: 30am — Vendors, Food, Kids Activities, and Music in Riverview Park from 10: 00am - Fireworks at 9: 00pm The next RAD Kids class will take place July 8 —12 at 505 Airport Drive West, Sebastian. The RAD Kids life skills curriculum replaces fear with knowledge, skill, and personal strength by educating children to recognize, avoid, and resist violence. Contact Officer Hart at (772) 388-8215 for more information. Vice Mayor Dixon announced the upcoming events. 7. PUBLIC INPUT Richard Gillmor, Sebastian, said the City's golf course is not being maintained properly. He said the contract with International Golf Maintenance (IGM) comes due October 1" and he suggested that the City go out to bid now. He asked that some of the golf carts be programmed to be turned off so that elderly players can get closer to the holes. 8. CONSENT AGENDA 24.124 A. Approve the Purchase of New Duty Firearms for the Police Department to Replace Aging Weapons at the Price of $51,079.60 (Minus the Existing Credit $16,041.50 and Trade -In Value of Current Weapons $14,000) from Lawmen's and Shooters' Supply and Authorize the City Manager to Execute All Appropriate Documents for the Purchase (Transmittal, Quote and Credit, Form) 24.125 B. Approve the Purchase Order for International Golf Maintenance, Inc. for Sand Bunker Renovations in the Amount of $50,000 at Sebastian Municipal Golf Course Per Golf Course Maintenance Agreement (Transmittal, Proposal, List) 24.088 C. Approve Purchase Order for Palm Bay Concrete and Materials, Inc. to Complete 2022-2023 Drainage Improvements Related to Roadway Repaving Under ITB- B24005D-0-2024/DM in the Amount of $34,248.62 (Transmittal, PBC May 29 & 30, Invoices) 24.126 D. Alcohol Beverage Approval - Peterson Family (Transmittal, Application, Receipt) 32 Regular City Council Meeting June 26, 2024 Page 3 24.127 E. Alcohol Beverage Approval - Sandoval Family (Transmittal, Application, Receipt) 24.128 F. Alcohol Beverage Approval — Yanez Family (Transmittal, Application, Receipt) Mayor Dodd pulled Item #B. MOTION by Council Member McPartland and SECOND by Council Member Jones to approve Items A, C, D, E, and F. 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 Item B — Sebastian Municipal Golf Course Sand Bunker Renovations Richard Gillmor cited a memo from IGM dated July 11, 2022 (see attached) indicating the amounts the City has spent on sand and said in light of their contract coming due in three months, he did not recommend spending an additional $50,000 on sand. The Golf Pro advised that sand hasn't been added to the bunkers since 2001. He noted the sand expense in the memo is for top dressing the greens, top dressing the tees and filling the tee divots. He described how heavy rains, wind, and bunker swings deplete the bunker sand causing the lip to be become more pronounced. Council Member Jones asked that measures be taken to keep as much sand in the bunkers as possible. The City Manager said even though the contract is coming up for renewal as mentioned by Mr. Gillmor, he would like to replace the bunker sand. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the purchase order for International Golf Maintenance, Inc. for sand bunker renovations. There was no further public input. 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 9. COMMITTEE REPORTS & APPOINTMENTS 24.008 A. Planning and Zoning Commission — Fill One Expired Regular Member Position (Transmittal, Application, List, Advertisement) 33 Regular City Council Meeting June 26, 2024 Page 4 There was no opposition to Mayor Dodd's nomination of Ms. Kautenburg for another term. Ms. Kautenburg will serve for another regular member term that will expire on June 1, 2027. 10. PUBLIC HEARINGS 24.129 A. Ordinance No. 0-24-11 — First ReadinLy and Public Hearing — Reauest for Small Scale Comprehensive Plan Future Land Use Map Amendment — St. Lucie Development Corporation — LDR (Low Densitv Residential, max 5 du/ac) to MDR (Medium Densitv Residential, max 10 du/ac) (Transmittal, 0-24-11, Staff Report, Attachments, Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVEING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF MDR (MEDIUM DENSITY RESIDENTIAL, 10 UNITS PER ACRE) FOR PROPERTY WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 20.38 ACRES, MORE OR LESS, LOCATED EAST OF SCHUMANN DRIVE, NORTH & EAST OF DAY DRIVE, AND SOUTH OF DAHL AVENUE, OR SPECIFICALLY LOTS 15 TO 28, BLOCK 583, LOTS 1 TO 28, BLOCK 582, AND LOTS 2 TO 29, BLOCK 581, SEBASTIAN HIGHLANDS UNIT 17; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. The City Attorney read the title to Ordinance No. 0-24-11 and Mayor Dodd opened the public hearing at 6:28 p.m. There were no ex parte communications to disclose by the Council Members and Mayor Dodd asked that those who intended to speak to fill out speaker oath cards located in the back of the room. Wesley Mills of Mills, Short and Associates, explained the project is 20.3 acres that was previously platted as 70 individual General Development Corporation lots. They plan to rezone the lots into RM-8 so they can be combined into one parcel under the current land development regulations. Mr. Mills said per the City's comp plan, the City is expecting growth of 9,000 residents and there are currently 1,200 acres of vacant land in the City. If all of the acres were developed at maximum density, single family units, there would be 4,900 homes at $400,000 a piece making attainable housing impossible. He said their goal is to create an attainable housing project. He addressed the following concerns brought up at the recent Planning and Zoning Commission hearing: - The rezoning won't make a difference on how the environmental or stormwater regulations will be addressed. All regulations would still need to be followed whether the lots stay single family homes or multi -family homes. 34 Regular City Council Meeting June 26, 2024 Page 5 6:39 pm - This project will be connected to the County's utility system; there will be no septic tanks. - The County has the water and sewer capacity available. - The traffic will slightly increase but still not warrant a traffic study. - The major throughfares and collector roads have the capacity to absorb the increase in the trips; and, if improvements are triggered, they will become part of the project. - The flood zone around the project will have landscape buffers and the stormwater pond would offset the impact to the flood plain. - Whether the property is single family or multi -family, it could still be investor owned or resident owned. The Community Development Manager said this ordinance was for the land use, the applicant is requesting to go from low density residential at five units per acres to a medium density residential land use that can be up to ten units per acre. A lot of the information Mr. Mills offered for the land use can be applied for the next rezoning request. She said this request meets the comp plan requirements. She pointed out the properties to the north are also single family and duplex housing and the property adjacent is commercial limited zoning with the Sandridge Townhomes and an assisted living facility. She said Mr. Mills is correct in that of all of the land in the City, 54% is used as single family homes and only 3% is medium density so this project will open some areas for workforce or attainable housing. She said the Planning and Zoning Commission and staff recommended approval. Mr. Mills said his client has owned the property for ten years and his goal is trying to develop attainable housing with a $250,000 to $300,000 price range with open space. Discussion followed that in order to build affordable houses, there has to be more of them on a smaller piece of property requiring an increase in density or reduced lot size. The rezoning request under consideration will allow the developer to build what will fit on the lot size. Mayor Dodd noted that right now in Indian River County, homes over $310,000 will not qualify for the state programs available to help people to buy the homes. He said this is the first step to reach attainable, affordable housing. 7: 00 pm Public Input Armond Pasquale said he moved here from Stuart because people are living on top of each other there and it takes much more time to get from point A to B; multi -family projects breed trouble when people are put into smaller environments; the majority of the community would like single family homes. He asked Council to think about what they are starting. Ron Blank, Day Drive, said with this project, Council gets to change the direction of growth and asked if they could change the social issues that a higher density will bring. He asked what industry is Council inviting here to employ the residents so they can contribute back and make the community stronger. 35 Regular City Council Meeting June 26, 2024 Page 6 7: 20 pm Helene Crockett said she wasn't against the project but the developer is cramming too much into the space. She said she doesn't want to have rental properties; she would like to see home ownership. Bart Edwards, Day Drive, said the only ones that control the housing market are those that are buying and right now people are only buying bargains. He asked Council to honor the thoughts of those who have spoken. Robert Allen said density will increase no matter what noting that many families will move into one home to make it affordable. In response to the public comment, Mr. Mills assured Council that the project will not be apartments; and if they move forward with the current project, they will build the roads then give them to the City to maintain and own. If there is a new project, they will be private roads falling under the homeowner's association to maintain. The Community Development Manager said the comment regarding the possibility of apartments came from all of what RM-8 allows. She asked that the second reading be held July 24 h instead of the 1 Otn Vice Mayor Dixon noted that a development with a homeowner's association takes away the idea of attainable housing; and many of Mr. Allen's comments will be accomplished with the Graves Brothers' annexation. Council Member Nunn said the only way to achieve workforce housing is to allow more units with smaller homes or quadplexes. Council Member McPartlan said hopefully the increase in density will achieve affordable, attainable housing. The largest growing homeless demographic right now is single female seniors who can't afford housing; hopefully this will help with that. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve 0-24-11 on first reading and set the second reading for July 24tn Mayor Dodd said the City isn't dramatically different today than when he moved here 23 years ago; this project isn't something that will destroy Sebastian. He said the City can't continue to survive as a bedroom community of Social Security retirees thinking they will buy $400,000 houses. He also said what you have to give a business to get them to move to a community makes it impossible for Sebastian to do that noting the City of Port St. Lucie is in debt for millions because of what they gave to generate job growth. The solution is to maintain the course but at the same time diversify by supporting the business community. He said in his discussion with the applicant, the applicant said he was a businessman and whether he makes a profit off of sixty-three $400,000 houses or eighty- one $225,000 houses, he will make the same amount of profit and is willing to work with the City to reach the attainable housing goal in the comp plan. Mayor Dodd said he was in favor of the project. 36 Regular City Council Meeting June 26, 2024 Page 7 Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Motion carried. 4-1 24.129 B. Ordinance No. 0-24-12 — First Reading — Request for Rezoning — St. Lucie Development Corooration — RS-10 (Single-Familv Residential, 10.000 SF Parcels to RM-8 (Multi-Familv Residential, maximum 8 du/ac) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RM-8 (RESIDENTIAL MULTI -FAMILY, 8 DU/AC) TO LAND WITH A CURRENT ZONING DESIGNATION OF RS-10 (RESIDENTIAL SINGLE-FAMILY) FOR PROPERTY CONSISTING OF 20.38 ACRES, MORE OR LESS, LOCATED EAST OF SCHUMANN DRIVE, NORTH AND EAST OF DAY DRIVE, AND SOUTH OF DAHL AVENUE, OR SPECIFICALLY LOTS 15 TO 28, BLOCK 583, LOTS 1 TO 28, BLOCK 582, AND LOTS 2 TO 29, BLOCK 581, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-12 and Mayor Dodd opened the public hearing at 7:30 p.m. The Community Development Manager said this ordinance complimented the applicant's land use request and asked that the information presented at the last hearing be entered into the record. She noted that staff recommended approval and requested the second reading be held July 24th. Mr. Mills agreed to use the testimony presented at the land use hearing for this rezoning hearing. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve 0-24-12 on first reading and hold the second reading on July 20. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Council Member McPartlan - aye Motion carried. 4-1 24.130 C. Resolution No. R-24-28 — Request for a Special Use Permit — Big Dan's Car Wash - 1979 US Hiahwav #1 (Transmittal, R-24-28, Staff Report, Presentation, Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND 37 Regular City Council Meeting June 26, 2024 Page 8 DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO BE LOCATED AT 1979 U.S. HIGHWAY #1 WITHIN THE RIVERFRONT OVERLAY DISTRICT'S CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVERNER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. The City Attorney read the title to Resolution No. R-24-28 and Mayor Dodd opened the public hearing at 7:32 p.m. The Community Development Manager said this request was for special use and recalled that there was a previous application last year for the same site but based on the language in that resolution, this applicant is required to make a new application which was before Council. She said that staff does have concern of the cluster of car washes in the same area as well as if the car wash was to go out of business, the empty building may not be easily converted into another use. She briefly described the recommended conditions listed in resolution. Jason Sheridan, representing Big Dan's Car Wash, said it is a little over an acre site in the Commercial Riverfront zoning district and he displayed a PowerPoint presentation showing the access points; proposed amenities and architectural design. He said there is a recirculation system for the water used. (See attached) He noted the car wash has been approved by Walmart. Council Member McPartlan said this spot makes sense for a car wash especially since the gas station is there too. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Resolution No. R-24-28. There was no public input. Mayor Dodd asked that in the design process, they would like it to fit Sebastian's ambience. The Community Development Manager said the oak trees are in the required landscape buffer. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - nay Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 4-1 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS Added A. Resolution No. R-24-31 — DesianatinR the Citv as a "POW -MIA Citv" 38 Regular City Council Meeting June 26, 2024 Page 9 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE CITY OF SEBASTIAN AS A "POW -MIA CITY (SM)"; RECOGNIZING THE CONTRIBUTIONS OF MEMBERS OF THE ARMED SERVICES WHO HAVE BEEN PRISONERS OF WAR OR WHO REMAIN MISSING IN ACTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER' S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-24-31. The City Manager said he received this request from Peter Puzzo with the Sons of the American Legion so they may apply for the City to be a POW -MIA City which requires the adoption of a resolution. It will raise awareness amongst the citizenry to recognize the families of the missing service members and prisoners of war who deserve continued efforts of recognition. Council Member Nunn said his stepfather was a prisoner of war and his uncle never came home from Korea. He made a MOTION with a SECOND by Vice Mayor Dixon to approve Resolution No. R-24-31 designating the City of Sebastian as a POW -MIA City with a unanimous voice vote of 5-0. 24.131 B. Votina Delegate at Florida League of Cities Conference (Transmittal, Form) It was the consensus of Council to have Mayor Dodd serve as Sebastian's delegate. 13. CITY ATTORNEY MATTERS 7:49 pm The City Attorney advised that a matter has come up with a recent lawsuit whereby the City's insurance carrier is recommending to settle. There isn't any guidance stipulating which staff member is authorized to settle and at what amount. She distributed some guidelines that she has found from other agencies to receive their input. (See attached) She suggested giving the settlement authority to the Risk Manager with a cap at $25,000. The City Manager suggested that over $10,000 and up to $50,000 be approved by the City Attorney and City Manager with over $50,000 to be approved by City Council. He said in the future, he planned to bring something back to Council more formal and also report to Council on every lawsuit. There is a current case that the carrier is looking for an answer that may be settled up to $25,000. The City Attorney said she would bring back a resolution formalizing their decision. MOTION by Mayor Dodd and SECOND by Council Member Jones to provide the City Manager and the City Attorney approval for settlements up to $25,000 in the interim passed with a unanimous voice vote of 5-0. 14. CITY MANAGER MATTERS The City Manager reported that the Strategic Planning Consultant is ready to present his findings to Council on July 10t` prior to the Council meeting. He said there will be public meetings after their presentation. 39 Regular City Council Meeting June 26, 2024 Page 10 He said there are some scheduling issues with the budget workshops and asked if they could be available July I9th. It was the consensus of Council to hold the budget workshop on July 19th beginning at 9:00 a.m. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Dixon said she attended the ribbon cutting of the Sebastian Historical Museum's Map Room and remarked how amazing it was. She invited the public to explore the museum. She said the Sebastian Police Department's COPE Unit is planning a Back -to - School event that will be announced at a later time. B. For the public's benefit, Mayor Dodd said the Sebastian Medical Center is up and running contrary to what people may have heard in the news. C. Council Member McPartlan congratulated the Florida Panthers on their Stanley Cup Victory and wished everyone a safe and happy 4th of July. D. Council Member Jones asked for the status of the eternal flame on the Four Chaplains Memorial. The City Manager said when the monument was installed there was a company that agreed to supply gas for the flame but they were bought out and the new company isn't willing to provide free gas. He is currently looking into different opportunities to provide a flame for the monument. E. Council Member Nunn wished everyone a happy 4th of July. 17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:09 P.M. Approved at the July 24, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST: Jeanette Williams, City Clerk 40 CITY OF SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager SUBJECT Consideration of an agreement with BTS USA, Inc. for leadership training for City staff in the not -to -exceed amount of $21,975 and authorize the City Manager to execute the appropriate documentation. The Human Resources Department intends to provide a leadership skills training program to a group of staff members identified by each Department throughout the City. The Human Resources Director compared the program offered by BTS USA, Inc. (BTS) and Development Dimensions International, Inc.; however, the in -person and online leadership program provided by BTS USA met the comprehensive leadership goals of Human Resources. The City Code of Ordinances, Section 2-10, grants the City authority to award sole source/single source agreements and exempt the agreements from competition. RECOMMENDATION Staff recommends that the Council approve an agreement with BTS USA, Inc. for leadership training for City staff in the amount of $21,975, with authorization for the City Manager to execute the agreement. ATTACHMENTS: 1. EXTRAORDINARY PROCUREMENT CERTIFICATE 2. BTS Information In person workshop and Total Access 3. City of Sebastian and BTS Total Access Agreement FUNDING SOURCE Expenditure Required Amount Budgeted 1$21,975 Total in FY24-FY25 $9,975.00 $12,000.00 Funding Source Human Resources Operating in FY24 Human Resources Operating in FY25 41 CfiYIN SEBAS-TLAN HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required good/service from one source because of City standardization, warranty or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: July 11, 2024 TO: Jessica Graham DEPARTMENT HEAD: Cynthia Watson DEPARTMENT: Human Resources ❑ Emergency TYPE OF PURCHASE: ® Single Source ❑ Sole Source PROPOSED VENDOR: BTS USA, Inc ITEMS OR SERVICES REQUIRED: Leadership Training JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Development Dimensions International, Inc. was considered however BTS offers a training program that continues throughout the year. ------------------------CERTIFICATION OF AVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's best interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one source is avail le or ffi i e uppijeryol,theygoods/services requested is the sole source supplier. Y �j j oN cn=cymma wa oac=us o=cny Sebastlan, a, Clly or Sebastian, email= , on:(jcnyoreebaebab.org Watson Reason agree to Ine terms this d. by the placemem m my signawre on this documem Submitted: `nea inm City et Sebastian Date: o—:znzamn ebftao-o4 oo Department Head Signature Digitally signed by Jessica Graham Jessica DW cn=Jessica Graham, c=US, -City of Sebastian, ou=Procurement Division, email=jesagmham@cilyofsebastian.org Graham Approved: Date: 2024.08301424:61-04'00' Date: Jessica Graham, Purchasing Manager Approved: Date: Brian Benton, City Manager 42 Our Understanding Of Your Needs... Audience • 25 Leaders/Managers/Supervisors • Range in Experience, age, level, etc. 0 Current Needs • In person Event to Develop Leaders and Align with the Strategic Plan • 2 Main Goals for In -Person • Working as a team, motivating their people, create purpose and have them move in the same direction • Create a culture of Feedback where it is offered, expected, and comes from more than one way 000 b t s Topics of Interest • Create Shared Purpose • Motivate the team and drive engagement • Collaborate • Giving and receiving Feedback • Coaching ABusiness Outcomes • Increase in productivity • Impacts morale and collaboration • Higher levels of retention le ISTS Leadership Map, Core Capabilities BTS has used a huge set of data over many decades to identify those shifts that make the most difference.... Think Be R� o bts The insights and needs identified from over 100,000 leaders, annually 150,000 coaching conversations to identify key mindset changes needed of any leader 30+ years of modelling and simulating clients' worlds Decades of data assessing leaders from c-suite to front line (0 dq In Person Agenda: Shared Purpose and Feedback Culture Start Time Activitv Duration (mind 9:00 AM Buffer and Welcome 10 Minutes 9:10 Shared Purpose 90 Minutes 10:40 Break 10 Minutes 10:50 Shared Purpose (cont'd) 90 Minutes 12:20 Lunch 70 Minutes 1:30 Feedback - Foundations 90 Minutes 3:00 Break 10 Minutes 3:10 Feedback - Foundations (cont'd) 90 Minutes 4:40 Wrap up/Actions Plans 20 Minutes 0 bts Follow up to In person Event U1 AM Go -do 5 - 60 minute PODS activity 2 Weeks after Event: 60- minute Pods with Coach to discuss Shared Purpose Action Items, Application, and Feedback. L-0 of uwro h fa evrselves 00bts s� Create action 30 Minute Get items from ge Together together Module: Employee Motivation: The Surprising Power of "line of sight" 0 © 0 Ai Create action 41s Am t items from get 5-60 minute ether together 30 Minute Get Go -do 30 minute Get PODS Together Activity Together 5 Weeks after Event: 60- Module: Module: minute pod with Coach to The Feedback Barriers to Feedback discuss Shared Purpose Conversation: Action Items, Application, and Feedback. AFIRM A F I R M Agenda Facts Impact Request Mutuality 00 V Workshop Example Analyze organizational needs and build learning plan <�bts Introduce learning topic through an activity or video n � Facilitator -led session Group interaction & Combines learning Turns learning Review workshop peer learning from video, into action content and conduct workshop and follow-up session(s) breakout session kicked off by related micro -videos) that build on key concepts Rapid -# Learning oo o bts a) � The Power of Pods Pods build collective intelligence of leaders by leveraging the power of human networks and the digital workplace to provide context -rich learning, systems - centric transformation, and accelerated flow of information. What r How Pods Could are Why are Pods Impactful? Pods? Work for You: Thoughtfully constructed small The pod sessions are about obtaining Can be utilized as post workshop groups (5-6 individuals) feedback and further contextualizing sessions to refresh learning & undergoing similar experiences. the learning to put it into action. further refine deployment on the These peer groups meet at Pods create a safe space for learning job. regular intervals to refresh the retention and practice Create blended learning journeys learning, allowing for everyone Peer -supported learning and utilizing pods as a first-time learning to share experiences. transformation increases engagement or as follow-up to a commitment and applicability of micro -video or self -paced course. materials i Shared Purpose half -day workshop To help create a shared purpose that inspires and unites your team From: To: We have many different goals I can link our goals to a unified purpose My team is clear about their My team is inspired by a tasks sense of shared purpose I communicate a clear purpose I help the team to create a collective purpose IL > OBJECTIVES - Able to create a compelling sense of purpose to unite your teams - Can unite others around a belief in the future so people are willing to take risks and invest their time and energy in building it - Co -create and share ownership of this purpose 00bts KEY MODELS & TOOLS Prepare • Pre -work and/or assessment E Experience • Audacious purpose • Purpose pyramid • Co -creating an integrated purpose Making Communicating the shared difference narrative Being• Settlers, prospectors, the best pioneers M k idn g9,-i F money Apply • Go -Do commitments T_ Feedback (Foundations) half -day worl<shop Championing a feedback culture by both asking for and giving regular, high -quality feedback From: To: A feedback culture is created A feedback culture is by giving feedback created by asking for feedback I give feedback as part of the I give feedback because performance process every person wants and needs it Constructive feedback Feedback can create is necessary but creates connection and strengthen tension relationships OBJECTIVES - Are comfortable asking for, and learning from, feedback regardless of role or leadership level - Get the balance right between giving on and off-track feedback - Know how how to deliver consistent, effective feedback to those around you 000 bts KEY MODELS & TOOLS www-ebi What worked well? Even better if? A F I R M Agenda Facts Impact Request Mutuality Face it Talk ge it _ )_ Prepare • Pre -work and/or assessment Experience • A feedback environment: www - ebi • On -track feedback; Off-track feedback: AFIRM • Receiving feedback, Z% of truth • Denial, exploration, integration • Feedback barriers Apply • Go -Do commitments M LO Sales Scenario -Based Assessment Tool • A research -based, 28-question knowledge assessment • Determine what training is needed • Identify skill gaps & weaknesses • Map the gaps & weaknesses to micro -videos and workshops • Measure Impact bts It Sales SBAT Assessment Report & Development Plan Your bottom 3 Competency Scores are: All U.," , • Closing with 35% . 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Ypun M-9, lkospetting Wiry 5mart lead Fnllow Up Coutd Yicid 12 Times More Sales (Rule of 45) Nmpt uq Wiry You Missy Goals and How to Stan W mng Them Suggested Virtual Facilirited Workshops Results can be used for individual or group Comw•ncy Workshop learning journeys Ci-ig C•meryeng Value St-. the Why. and Wtut of Our Solutlom Handling Objetbems Rt A-9 Objwbonc Combat Cwecenn C—tnnhwty Prtnpebng High. potential Prospe beg. e' .. s to D— Seder Efftoenry Prospesttng Sparking Cun-ty. Open the Door Users with Submissions 12 12 • CompetE y Scores per Submisston Act— Manage,n T tl Clourq yT H—bng Object— L PtnenM— S C—ekeabon P alp" RHabe p Bsnlderq Dncowry R Ouatlfymg Sms Subnisuon Nundrn ^r�* U t s 12 ti Micro -videos Powerful rapid learning bursts that transfer knowledge with a clear call to action • Short: 4 to 5 minutes • Single -concept - aligned with how humans learn • Research based • Motion Graphics obts • New videos added to library monthly • Tracks the latest Neuro Psychology research • First-time learning • Blended learning (e.g. Facilitated + Digital) • Learning reinforcement • Learning in the flow of work • A trigger for group learning (Get Togethers, pods, huddles) 00 LO The Leadership Library - 109 and growing Building Trust & Credibility Coaching, Training, & Talent Development Communication Conflict, Crisis & Change Decision Making Employee Engagement Onboarding & Retention Personal Development Performance Management Recognition, Rewards & Incentives Recruiting, Hiring & Termination Team Dynamics 00 bts Strategy made personal Le d-ship and Mana9-1 ,",1.... WhMP"We Rn Cha "1v 9 OCMctle^a NID Otoc1Ms l.bnp �n.Crhlr. flow lD aawD DropN C.l m. [o,�v.l .�nlfnp.p.O Cony„Clhr 202C 57 a) LO Self -Directed Learning • An important piece of the learning puzzle Or ® Individuals own their professional growth • Learn in the flow of work • Addresses relevant challenges Can be mapped to a Learning Journey 0 lot Explore the power of leader -led learning through Get Toget h e rs A BTS Get -Together is a simple, pre -built interactive digital experience that fits seamlessly into existing meetings. Assign Assign a powerful, single - concept micro -video to be watched before the meeting. ® Our precisely curated, research -based micro -videos empower leaders to choose the perfect catalyst to spark discussions that bring fresh thinking to their business and team context. Each Get -Together offers moments -based scenarios to keep the focus on solving real -world problems, and action -oriented performance resources that turns learning into actions, and helps leaders develop their teams. The "Get Together" Cycle Meet Watch video together, use the discussion guide, do role-play, offer and receive feedback. Practice People take the learning concept to the job. Offer coaching as needed. Repeat Follow up with a meeting to refine skills, use summary sheet and discussion guide to reinforce key points. Learning Journeys no What is a Learning Journey? • A series of learning components that vary and are sequenced to increase capabilities and skills These can be formal and informal training programs that ingrain new knowledge, build existing skills and boost professional development. Why create learning journeys? Why are they valuable? People want structure as it helps us understand how learning will unfold N to • We can customize a journey based on needs of individuals and groups • Multiple modalities keep learning fresh and engaging. • Generates higher levels of impact and retention What type of learning journey can you create? • Blended - that bring in multiple modalities of learning targeting an organizational competency, team or individual need. • Category Journey pulled from our professionally curated library —t — • Group Journey — front line manager, mid -level or new mangers, executive leaders, sales team, sales leaders, etc. o°o bts M t0 Your needs, our Solution Supervision Setting Expectations Accountability Listening Workshop Coaching Stretch Others Accountability Listening GPS Coaching: Get out of the Delegation: The right way to use Time Management: Why it's not The Four Levels of Listening: Pod Session driver's seat and "guide from it to stretch your people about time Why an open mind is not the side" enough • Goal Setting to Stretch Your Empowerment and • Listening to Others: • The Feedback Conversation People: Finding the success Accountability: How Much Playback, Mirroring and the Micro -learning (AFFIRM) zone Rope Should You Give Your Power of Active Listening videos •Managing Long -Term • The "Illusion of Transparency�� and Why People. Changing Behavior: Why Giving Performance Projects Your Messages Aren't Rewards and Punishments Feedback: Listen Before You Getting Through Often Aren't Enough Speak Self -Paced Course Feedback Visioning Compelling Communication Engage Others City of Sebastian Leadership Development Plan Total Access Includes: ESM Assignment Customer and technical support Create Personalized learning Journeys Strategic Alignment calls with Facilitator Support materials — discussion guides, quizzes, summary sheets, personal action plans Scenario Based Assessment included All licenses Include a 12 month subscription to Total Access Platform and Content obts Rapid o Learning a o o bts company EDUCATIONAL SERVICES AGREEMENT This is an Educational Services Agreement between BTS USA, Inc. (hereinafter, "BTS"), and the Citv of Sebastian, a municipal corporation of the State of Florida, located at 1225 Main Street, Sebastian, FL 32958, (hereinafter, "Subscriber"). WHEREAS, BTS provides advanced skills training in the critical fields of sales and leadership, using innovative BTS Modules, personalized journey plans, and effective assessment methods; and WHEREA, Subscriber wishes to obtain BTS's products and services, and BTS wishes to provide them, pursuant to the terms and conditions set forth below. Therefore, for good and valuable consideration, the sufficiency of which is acknowledged, the parties make this Educational Services Agreement (hereinafter, "Agreement") Terms 1. Term. This Agreement shall be in effect for a period of One (1) Year beginning on September 1, 2024 and ending on September 1, 2025 (hereinafter, "Term"), unless extended by mutual written agreement of both parties. 2. Products. During the Term Subscriber will have licensed access to Total Access on the BTS Momenta+ Platform, including the standard content specified in the attached Schedule 2. As applicable, Subscriber will also receive the Facilitated Workshop Training as outlined in Schedule 2A. 3. License Rights. Each license will grant a single, designated employee of Subscriber an exclusive individual right, using a discrete username and password, to access the Momenta+ Platform, including all Modules, , self - paced courses, assessment tools, and support resources specified in the attached Schedule 2 as often as desired, on a 24/7/365 basis. This will be non-transferrable except upon BTS's advance written approval; and will terminate upon the expiration or any earlier termination of this Agreement. 4. SSO Integration Services. BTS agrees to provide SSO integration services to Subscriber, enabling the Subscriber's authorized users to access BTS's platform and other relevant applications using a single set of login credentials issued and managed by the Subscriber. Subscriber agrees to provide a technical point of contact to work with BTS infrastructure team. 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 1 66 4 Rapid Learning a o o o bts company Subscriber agrees to provide a dedicated SSO user account for BTS to ensure BTS can perform all necessary testing and validation in accessing the Momenta+ platform before launch. BTS shall collaborate with Subscriber to implement and configure the SSO integration using the agreed -upon SSO protocol. BTS shall furnish Subscriber with technical documentation, support, and guidance as necessary for a successful integration with the Subscriber's current identity and access management systems. BTS shall ensure that the implemented SSO services conform to all relevant security standards and best practices, including the encryption of data in transit and at rest. BTS shall maintain suitable security measures to safeguard the integrity, confidentiality, and availability of authentication and authorization data exchanged between BTS's platform and the Subscriber's systems. In compliance with all applicable data privacy laws and regulations, BTS shall handle the Subscriber's user data, including any personal information transmitted during SSO integration. BTS shall use such data solely for providing the agreed -upon services and will not disclose, sell, or transfer the data to any third party without the Subscriber's written consent. BTS shall promptly notify the Subscriber of any updates, maintenance, or changes to the SSO integration services that could impact the Subscriber's users or systems. BTS shall provide continuous support to the Subscriber for any issues related to the SSO integration and shall cooperate with the Subscriber to resolve such issues promptly. In case of termination or changes to the SSO integration agreement, BTS shall collaborate with the Subscriber to ensure a seamless transition, including assistance in data migration, user access, and any required technical adjustments. 5. Fees. Subscriber shall pay the fees set forth in Schedule 2 & 2A, according to the payment terms specified therein. 6. Support. During the Term a BTS Engagement Solution Manager will be assigned to Subscriber, who will act as your single point of contact with Total Access, and provide assistance with strategic planning, mapping content, building learning journeys, implementation, periodic recommendations, and assessments. BTS will additionally provide technical support on an as -needed basis, during customary business hours. 7. Change Orders. Subscriber may obtain additional licenses, or the parties may change other terms of this Agreement, by entering into an amendment signed by both parties. 8. Intellectual Property. Subscriber acknowledges that BTS owns the copyrights to all of the Products, and that the Products are presently and shall at all times remain solely BTS's intellectual property. Nothing in this 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 2 67 ") Rapid 4 Learning a o o o bts company agreement is intended to, or shall be construed to, grant Subscriber or any of its employees any rights in or to the Products other than the specific, time -limited license rights specified herein. No portion of any Product may be copied or disseminated in any manner without BTS's prior written consent unless required by applicable law, including the Florida Public Records laws. Subscriber may not sub -license any license or products granted by BTS. Subscriber shall take all reasonable measures to limit access to any BTS Products that may be installed on Subscriber's learning management systems to the designated employees authorized by this Agreement. Upon termination, Subscriber shall promptly return all digital or physical copies of any Products BTS may have provided to it and/or its employees, and certify in writing to BTS that it has done so except as required by Florida public records retention laws. 9. Confidentiality. Subscriber acknowledges that in the course of its interactions with BTS it may acquire proprietary information from or about BTS which is not known or available to the general public, including without limitation trade secrets or information that has been identified as proprietary or which under the circumstances should reasonably be understood as being confidential (hereinafter, "Confidential Information"). Subscriber shall not use any Confidential Information it may obtain other than for purposes permitted by this Agreement; shall take all reasonable measures to assure that its employees do the same; and shall not disclose, publish, or otherwise reveal any Confidential Information to any other party without the prior written consent of BTS. In the event that Subscriber is required to disclose any Confidential Information as a result of a court or governmental order, Subscriber shall notify BTS in writing before making any such disclosure. The parties specifically agree that the confidentiality obligations set forth above shall survive any expiration or termination of this Agreement. The Parties recognize that as a government entity, the Subscriber is subject to certain public record retention guidelines and must comply as provided for by law and that this obligation can not be waived; notwithstanding, the Subscriber will exercise due diligence and will not violate any copyright or other intellectual property rights as provided for by law. BTS understands and agrees that, per Florida law, it must: 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 3 68 4 Rapid Learning a o o o bts company 1. Keep and maintain public records required by the public agency to perform the service. 2. 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. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. 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. 10. PUBLIC RECORDS: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: JW1LL1AMS@C1TY0FSEBAST1AN.0RG. 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, (772)388-8215. 11. Assignment. This Agreement is not assignable by Subscriber without the prior written consent of BTS. 12. Warranty & Indemnification. BTS warrants that it has the legal right to license the Products as provided by this Agreement. BTS shall indemnify, 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 4 69 ")Rapid o Learning a o o bts company defend, and hold Subscriber harmless from and against any and all loss, liability, or expense, including without limitation reasonable attorney's fees, arising or resulting from any claim that Subscriber's use of Products in accordance with the terms of this Agreement violates any third party's intellectual property rights (hereinafter, "IP Claim"). 13. Default. If Subscriber fails to make any required payment within 30 days (in accordance with the Florida Prompt Payment act) of its specified due date, it shall be in default, whereupon BTS may rescind its Services and licenses, declare this agreement terminated, and avail itself of any applicable rights in law or equity. If Subscriber permits any of the Products to be accessed by anyone other than its designated employees, it shall be in default, whereupon BTS shall have all rights and remedies provided in law and equity, including without limitation the right to obtain immediate injunctive relief. If BTS fails to provide any of the specified Products or services and has not cured that default within ten days of receipt of written notice from Subscriber, Subscriber shall be entitled to a pro-rata rebate. 14. No Waivers. No waiver of any breach of this Agreement shall be construed to be a continuing waiver or consent to any other breach. 15. Notices. Any notice required by this Agreement shall be delivered in writing to the recipient at its address set forth below: BTS: Robert Krekstein, VP Global Sales BTS Total Access 435 Devon Park Drive, Suite 510 Wayne, PA 19087 Subscriber: Accounts Pavable Contact Cindy Watson Name: Jennifer Smith, City of Sebastian City of Sebastian Finance Department 1225 Main Street Email: Jsmith(abcitvofsebastian.orq Sebastian, FL 32958 Phone: 772-388-8207 16. Merger. This Agreement and all duly -executed Schedules constitutes the complete intention and understanding of the parties. Any modification must be in writing and signed by the parties. 17. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida, and shall be deemed to have been executed by 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 5 70 4 Rapid Learning a o o o bts company BTS at its business office in Wayne, Pennsylvania. Each party specifically consents to the exclusive jurisdiction of those courts, waives any forum non conveniens or other jurisdictional or venue objections, and agrees to accept service of process by mail. 18. Severability. If any provision of this Agreement is held to be invalid or unenforceable, it shall be severed and all remaining provisions shall be enforced. 19. Binding Effect. This Agreement shall be binding upon the parties, their successors and assigns. Nothing in this Agreement is intended to, or shall be construed to, confer any rights or remedies upon any person or entity other than the parties. 20. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Signatures in counterparts delivered via email or facsimile shall be treated for all purposes as original signatures and be admissible into evidence as the original signature of the person who signed it. 21. Signatures. Each person who signs below, on , acknowledges that he or she understands this document, has had the opportunity to consult with independent legal counsel prior to signing it, is authorized to sign it, and signs it with the intention that its terms be legally binding. (Company) (Authorized Signature) BTS USA, Inc. (Company) (Authorized Signature) Robert Krekstein (Print or Type Name of Signatory) (Print or Type Name of Signatory) Vice President, Global Sales (Title) (Title) 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 6 71 Rapid o Learning a o o bts company SCHEDULE2 Products, Licenses, and Fees 11 INTS Total Access # of Seats Price Total Access Leadership 25 $399 Total Term: Years 1 Start Date: September 1, 2024 Payment Terms: Net 60 Days from Signature Payment Due: September 15, 2024 $9,975 $9,975 End Date: September 1, 2025 Additional Terms • Scheduled account activity reviews with a Engagement Solutions Manager. • Customer and technical support as needed during normal business hours. • Help with mapping content, building learning journeys, cadence in usage, and running reports. • Access to all Support materials for each piece of content including discussion guides, quizzes, summary sheet, personal action plans and more. 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 7 72 Rapid o Learning a o o bts company SCHEDULE 2A Products, Licenses, and Fees Leadership (In Person) 1 — Full Day Session and 6 POD $12,000 Sessions Total $12,000 Start Date: October 1, 2024 Payment Due: November 15, 2024 The Facilitated Workshops will consist of: • 1 Full Day Event/Workshop held in person with a certified BTS Coach to deliver two Topics to a team of 25 Leaders • 6 - 60-minute virtual POD sessions to follow up on the event and activities to continue to build skills and support retention of the content covered. o 1 POD Session per topic with up to 10 participants at most in a meeting • Select online micro -training content and single -concept micro -videos to run get togethers following the events • Select online facilitated workshops based on "shifts" • Access to online workshop platform, Total Access • Continuous Engagement Solutions Manager support, including: o Set up o Helpdesk support o Regular engagement reporting o Facilitator preparation and onboarding Additional Workshops If additional virtual or in -person sessions are requested by Subscriber, they will be charged at the respective costs in Section 2A unless otherwise agreed upon in an addendum. Scheduling, Logistics, and Assumptions BTS will source and vet qualified facilitators for Subscriber. These facilitators will represent BTS and have deep formal and informal expertise in the domain of training and leader development. BTS will match Attendees to coaches based on Industry, level in the organization, and developmental need. 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 8 73 ")Rapid o Learning a o o bts company For BTS to commit the appropriate resources, Subscriber will be responsible for: • Providing the BTS Engagement Solutions Managers with participant details including: name, email address, job title, location (time zone), at least two weeks in advance of workshop launch. • For In -person training the client will be responsible for any and all travel related charges including airfare, transportation, hotel stay and meals. All travel charges will be presented by BTS in an addendum after the facilitated workshops have ended and receipts will be provided as needed. Payment will be due upon receipt of addendum. Substitution and Cancellation • Subscriber may change the identity of a person nominated to participate in the workshop provided that Subscriber has notified BTS within (48) hours from the start date of the workshop. Changes after this time are not permissible. • If Subscriber substitutes a person for the workshop in accordance with clause above, RLI reserves the right to charge an administration fee of $100. • Subscriber may cancel an individual virtual workshop session by giving RLI prior written notice, 48 hours in advance. If an individual virtual workshop session is cancelled inside of these 24 hours prior to the call, a cancellation fee of $300 USD may apply. 435 Devon Park Drive, Suite 510, Wayne, PA 19087 Phone: 877-792-2172 Fax: 610-293-1010 9 74 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager SUBJECT Consideration of a purchase order for $37,250.00 for Arcadis U.S., Inc. to determine the culvert dimensions for the Schumann Drive Culvert. EXECUTIVE SUMMARY Arcadis U.S., Inc. (Arcadis) completed a Stormwater Master Plan for the City of Sebastian (City) in 2023, which included the development of a detailed ArcGIS database of the stormwater infrastructure in the City. Arcadis also developed a dynamic I Hydrologic and Hydraulic (H&H) computer model of the City's stormwater network to evaluate the system performance in response to various wet weather conditions and identify system capacity limitations. The City plans to replace the aging culvert in the Schumann Canal (referred to as the Schumann Culvert) with an appropriately sized culvert structure and requested that Arcadis use the H&H model to determine the culvert dimensions that will minimize upstream staging conditions and provide optimal system performance for the desired level of service. In 2021, CSA #01 was approved for Arcadis to complete the Stormwater Master Plan. The CSA and PO have a balance of $37,250.00. The City plans to cancel the remaining tasks on the CSA to fund the Schumann Drive Culvert Support Services. RECOMMENDATION Staff requests the City Council approve a purchase order for Arcadis U.S., Inc. to determine the culvert dimensions for the Schumann Drive Culvert and authorize the City Manager or designee to execute the purchase order. ATTACHMENTS: 1. Extraordinary Procurement Form 2. Arcadis Quote FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $37,250.00 $37,250.00 Discretionary Sales Tax 50% / Stormwater Utility Fund 50% Additional Funds Needed: $ 0.00 75 i8holV(ENTIALS EEBAON SET IRA,N EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required good/service from one source because of City standardization, warranty or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: 8/30/2024 TO: Jessica Graham DEPARTMENT HEAD: Lee Plourde / Karen Miller (City Engineer/Special Projects) DEPARTMENT: Public Works_ / City_ Manager ❑ Emergency TYPE OF PURCHASE: ® Single Source ❑ Sole Source PROPOSED VENDOR: Arcadis U.S., Inc. Arcadis U.S., Inc will provide engineering services to determine the ITEMS OR SERVICES Schumann Culvert dimensions that will minimize upstream staging REQUIRED: conditions and provide optimal system performance for the desired level of service JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Arcadis U.S., Inc. (Arcadis) completed a Stormwater Master Plan for the City of Sebastian in 2023, which included the development of a detailed ArcGIS database of the stormwater infrastructure in the City. Arcadis also developed a dynamic 1 D Hydrologic and Hydraulic (H&H) computer model of the City's stormwater network to evaluate the system performance in response to various wet weather conditions and identify system capacity limitations. The City requested that Arcadis use the H&H model to determine the culvert dimensions that will minimize upstream staging conditions and provide optimal system performance for the desired level of service. CERTIFICATION OF AVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's best interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one source is available o ;he supplier of the goods/services requested is the sole source supplier. Submitted: l :. Date: 8/30/2024 Department Head Signature Digitally signed by Jessica Graham Jessica DN. cn=Jessico Graham, -US, -City of Sebastian, —Procurement Division, email=jessgmham@cityofsebastian.org Graham Approved: Date: 2024.08301424:51-04'00' Date: Approved: Jessica Graham, Purchasing Manager Brian Benton, City Manager Date: Procurement (Rev. 0612024) 76 04 ARCAD IS DesignConsultancy fornaturaland built asss ets Ms. Karen Miller, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, FL. 32958 Subject: Stormwater Master Planning and Professional Engineering Services (RFQ 20-05) Proposal - Schumann Drive Culvert Support Services Dear Ms. Miller: Arcadis, U.S., Inc. (Arcadis) respectfully presents the enclosed proposal (Exhibit A) for a new work authorization entitled "Schumann Drive Culvert Support Services". These services will be provided on a lump sum basis in accordance with the Stormwater Master Plan Agreement dated October 15, 2020 for a total lump sum amount of $31,746.00. Upon your review, if you should have any questions or require additional information, please feel free to contact us at your convenience. We appreciate the opportunity to continue providing professional services to the City of Sebastian. Sincerely, Arcadis U.S., ,Inc. YriSt0pher C. Tilman, P.E., BCEE Principal Management Consultant Enclosures Arcadis U.S., Inc. 37 N Orange Ave. Suite 900B Orlando Florida 32801 Tel 407.660.1133 www.arcadis.com Date: July 19, 2024 Contact: Christopher C. Tilman, PE, BCEE Phone: 239.738.3303 Email: Christopher.tilman@arcadis.com Our ref: 30234182 Page: 1 /1 77 04ARCADIS EXHIBIT A SCOPE OF SERVICES CITY OF SEBASTIAN, FLORIDA Schumann Drive Culvert Support Services BACKGROUND Arcadis U.S., Inc. (Arcadis) completed a Stormwater Master Plan for the City of Sebastian (City) in 2023, which included the development of a detailed ArcGIS database of the stormwater infrastructure in the City containing data on more than 5,000 inlets, canals, ditches, outfalls, pipes, weirs, orifices, and BMPs including asset photos, condition assessments, and hydraulic attributes. Arcadis also developed a dynamic 1 D Hydrologic and Hydraulic (H&H) computer model of the City's stormwater network to evaluate the system performance in response to various wet weather conditions and identify system capacity limitations. The City plans to replace the aging culvert in the Schumann Canal (referred to as the Schumann Culvert) with an appropriately sized culvert structure and requested that Arcadis use the H&H model to determine the culvert dimensions for optimal system performance for the desired level of service. The design and construction of the culvert will be done by a third party and are not included in this scope of services. OBJECTIVE The objective of this work is to determine the Schumann Culvert dimensions that will minimize upstream staging conditions and provide optimal system performance for the desired level of service. SCOPE OF WORK This Scope of Services defines the tasks that will be performed by Arcadis to provide the City with the culvert sizing information needed. The descriptions provided below identify the specific activities, assumptions, and deliverables associated with each task. Task 1 — Proiect Management and Meetinqs This task includes the overall management and administrative support required to complete the project. Activities include, but are not limited to, general coordination, record keeping, invoice management, resource planning and coordination, quality control, schedule and budget monitoring, and task closeout. Arcadis shall facilitate a kickoff meeting (may be in -person or virtual) to review and identify data and information to be provided by the City. If necessary, Arcadis shall prepare and submit to the City an information request based on the items discussed in the meeting. Page 1 of 3 78 04ARCADIS Task 2 — Schumann Culvert Data Collection, Review and Assessment Under this task, Arcadis shall review background information, proposed conceptual design drawings, confirm the required level of service, and evaluate other related data for the Schumann Culvert replacement provided by the City and/or the City's consultants or contractors. Task 3 — Hvdraulic and Hvdrodvnamic (H&H) Modelinq The purpose of this task is to use the 1-D PCSWMM H&H model developed previously for the City to test the performance of the proposed Schumann Culvert in two design storm events to determine the optimal sizing for the culvert. Specific activities under this task include the following: • Expand/update existing conditions model as necessary to accurately represent the project location. • Develop and refine the proposed conditions model. • Run and process results for two design storm events. The design storm events will be selected with the City based on the required level of service. • Develop results figure/profile for the project area. Task 4 —Technical Memorandum Under this task, Arcadis shall prepare a Technical Memorandum that details the results of the modeling evaluation of the proposed Schumann Culvert and the determination of the optimal culvert sizing for the desired level of service. One electronic copy (PDF format) of the draft Technical Memorandum shall be submitted to the City for review and comment. Once all comments are received, a virtual meeting will be conducted to review the comments received. One electronic copy (PDF format) of the signed and sealed final Technical Memorandum shall be submitted to the City within ten (10) working days following the review meeting. DELIVERABLES 1. Technical memorandum documenting areas selected to be modeled, proposed conceptual Schumann Culvert data and the analysis performed, specific issues identified during the evaluation, and the recommended sizing for the Schumann Culvert. 2. Electronic modeling files including H&H results, input and output files, graphics and other information developed during the modeling work. CITY RESPONSIBILITIES The City will provide available documentation of the proposed conceptual Schumann Culvert design, including associated drawings, sketches, meeting minutes, etc. and will provide any other information requested by Arcadis for this project in a timely manner. Page 2 of 3 79 04ARCADIS SCHEDULE The delivery schedule for the Scope of Work is 120 calendar days from receipt of a written work authorization by the City and depends on the delivery of critical data and documents provided by the City. The project budget and schedule are based on the scope of work as provided and is subject to cost adjustment resulting from any change in the scope or schedule of work. The work shall be completed in accordance with the following schedule of milestones and deadlines: Work Authorization received from City 0 Kickoff Meeting 5 Receipt of requested Schumann Culvert documentation and data 14 Draft Technical Memorandum submitted to the City for review and comment 90 Receipt of all comments on Draft Technical Memorandum 97 Meeting to review the City's written comments on the Draft Technical 106 Final Technical Memorandum submitted to the City 120 COMPENSATION Arcadis shall provide the base services described herein for the lump sum fee of $31,746. Table 1 summarizes the estimated fee associated with each task. Arcadis will invoice on a monthly basis, based on a percent completion by Task. TABLE 1 1 Project Management and Meetings $6,200 2 Schumann Culvert Data Collection, Review and $2,203 Assessment 3 Hydraulic and Hydrodynamic (H&H) Modeling $14,940 4 Technical Memorandum $8,403 Total $31,746 Page 3 of 3 80 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager Consideration of a purchase order for $20,560.40 for Computers at Work!, Inc. to provide Rugged Laptops for SUBJECT the Sebastian Police Department. EXECUTIVE SUMMARY This requested purchase represents the replacement of seven (7) rugged laptops for the Sebastian Police Department. The current laptops will reach the end of life in November 2024. At that time, support will no longer be available and the laptops will not longer receive security updates and repair services from the MFG. For this proposed purchase, the City will utilize cooperative purchasing through the State of Florida Alternate Source Contract with Computers at Work!, Inc. which was competitively selected using procedures equivalent to those of the City of Sebastian. Utilizing cooperative purchasing through existing State or other contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. Per the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to Sebastian's procurement process. Currently, the recommended vendor is the most advantageous one for meeting the City's needs. RECOMMENDATION Staff recommends City Council approve a purchase order for $20,560.40 for Computers at Work!, Inc. to provide Rugged Laptops for the Sebastian Police Department. ATTACHMENTS: 1. Staff Report 2. Procurement Justification 3. Computers at Work!, Inc. Agreement 4. Computers at Work!, Inc. Quote FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $20,560.40 $21,674.00 Discretionary Sales Tax A2401 Additional Funds Needed: $ 0.00 81 N i�i S EEBARSET IA,N mm (ENTIAL PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager. DATE: 8/30/2024 TO: Jessica Graham DEPARTMENT HEAD: Barbara Brook -Reese DEPARTMENT: MIS ❑ Invitation to Bid (ITB) TYPE OF PURCHASE: ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ® Piggyback/Cooperative Purchase ❑ 3 Written Quotes (under the sealed bid threshold of $25,000) PROPOSED VENDOR: Computers at Work!, Inc. ITEMS OR SERVICES Rugged Laptops for Sebastian Police Road Patrol REQUIRED: ADDITIONAL INFORMATION MIS purchases Dell equipment through Computer's at Work!, Inc. Computer's at Work!, Inc. is an authorized Dell reseller and the computers quoted are available thorugh the State of Florida contract for computer equipment, peripherals, and related services. Digitally signed by Jessica Graham Jessica DW cn=Jessica Graham, c=US, City of Sebastian, ou=Procurement Division, emaikjt. 20ham@cityofsebasi '0rg Approved: Daate 24 g9 03 16 0056.04 Og Graham Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 82 Computers At Work!, Inc. 23381mmokaleeRd. #151 PROPOSAL Naples, FL 34110 DBA Phone: (239) 514-2888 CAWQ33246 vT EC H i o Fax: (239) 236-2232 Quoted: Aug 29, 2024 www.vTECHio.com Expires: Sep 28, 2024 EIN:31-1758837 �,repared For: Presented By: City of Sebastian City of Sebastian Dan Beeman Barbara Brooke -Reese Barbara Brooke -Reese Dan.beeman@vtechio.com 813-777-7651 1225 Main St 1225 Main St Sebastian, FL 32958 Sebastian, FL 32958 To accept this proposal, sign here and return: United States United States Phone (772) 473-2799 Date: Email breese@cityofsebastian.org Customer Purchase Order Number: Please review quote for shipping address and accuracy of each item BEFORE placing order. Terms: Net 45 Days Description ProductLine# • Dell Latitude 5430 Rugged 210-BCFW $2,937.20 7 $20,560.40 Estimated delivery date: Sep. 18, 2024 Intel Core Processor i7-1185G7, (QC, 3.0 to 4.8 GHz, 28W, vPro) 379-BERR Windows 11 Pro, English, French, Spanish 619-AQLP Activate Your Microsoft 365 For A 30 Day Trial 658-BCSB Intel Core vPro i7-1185G7 with Iris Xe Graphics 338-CCRL ME Lockout MOD - Manageability 631-ADED 16GB, 2x8GB, 3200 MHz DDR4 Non-ECC 370-AGTH 256GB M.2 PCIe NVMe Class 35 Solid State Drive 400-BMSB 14" Touch 1100 nits WVA FHD (1920 x 1080) 100% sRGB 391-BGGI Anti -Glare,Outdoor Viewable, Passive Pen English US RGB Backlit Sealed Internal keyboard 583-BILF No Mouse 570-AADK Intel AX210 WLAN Driver 555-BHCC Intel AX210 Wireless Card with Bluetooth 555-BHCH 4G CAT16 - Qualcomm(R) Snapdragon(TM) X20 LTE (DW5821 e), 556-BDVM eSIM, AT&T, NMEA GPS port Hot surface warning label 389-ECGC Primary 3 Cell 53.5 Whr ExpressCharge Capable Battery 451-BCWC 65W AC adapter, USB Type-C, Eco-design 492-BDRC No Fingerprint, no Smartcard reader 346-BHQK No Anti -Virus Software 650-AAAM OS -Windows Media Not Included 620-AALW E4 Power Cord 1 M for US 537-BBBL Setup and Features Guide 340-CXCE No Carrying Case 460-BBEX Dummy Airbay Cover 325-BEIV No Resource USB Media 430-XXYG SERI Guide (ENG/FR/Multi) 340-AGIK ENERGY STAR Qualified 387-BBPC Custom Configuration 817-BBBB 83 1 of 2 Dell Applications for Windows 11 658-BFIP Mix Ship, Notebook, 5430 Rugged 340-CYJC Intel Core i7 non-vPro Processor Label 389-DXDV BTO Standard Shipment (VS) 800-BBQK No UPC Label 389-BCGW Microphone +RGB HD camera; Touch; WLAN/WWAN antennae; 319-BBHV Pogo vehicle docking and RF passthrough EPEAT 2018 Registered (Silver) 379-BDTO No AutoPilot 340-CKSZ No Option Included 340-ACQQ Additional USB-A rear port 590-TFHR Additional TBT/Type-C port 325-BEJZ Rigid handle 750-ADPK ProSupport: Next Business Day Onsite, 2 YearS Extended 808-6783 ProSupport: Next Business Day Onsite, 3 Years 808-6784 Dell Limited Hardware Warranty Initial Year 808-6805 ProSupport: 7X24 Technical Support, 5 Years 808-6813 Dell Limited Hardware Warranty Extended Year(s) 975-3461 Thank you choosing Dell ProSupport. For tech support, visit 989-3449 Hsu pport.delLcom/ProSupport Keep Your Hard Drive, 5 Year 980-9314 Contract Name: Dell NASPO Computer Equipment PA - Florida - 43210000-23-NASPO-ACS Computers at Work, Inc DBA vTECHio I Customer Agreement ID: 23026 / 43210000-23-NASPO-ACS Contract Expiration Date: June 30, 2025 Your investment in addition to the Grand Total: Totals: Subtotal $20,560.40 $0.00 Billed Monthly vTECH io Tax $0.00 $0.00 Billed Quarterly $0.00 Billed Annually Shipping $0.00 $20,560.40 Total Deposit www.vTECHio.com Grand Total $20,560.40 Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. vTechio reserves the right to cancel quotes and orders arising from pricing or other errors. Sales tax on products shipped is based on your "Ship To" address. Please indicate any tax-exempt status on your P0, and email your exemption certificate to DJ.peterson@vtechio.com . Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to DJ.peterson@vtechio.com For certain products shipped to end -users in California, a State Environmental Fee will be applied to your invoice.***A 3.5% convenience fee will be charged for credit card purchases— By signing this quote you acknowledge having read and agree to be bound by such terms. 84 2 of 2 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Alternate Contract Source (ACS) No. 43210000-23-NASPO-ACS For Computer Equipment, Peripherals, and Related Services This Alternate Contract Source No. 43210000-23-NASPO-ACS Computer Equipment, Peripherals, and Related Services (Contract), is between the Department of Management Services (Department), an agency of the State of Florida (State), located at 4050 Esplanade Way, Tallahassee, FL 32399 and Dell Marketing L.P. (Contractor), located at One Dell Way, Round Rock, TX 78682, collectively referred to herein as the "Parties." WHEREAS, the Department is authorized by section 287.042(16), Florida Statutes: To evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined by the Secretary of Management Services in writing to be cost-effective and the best value to the state, to enter into a written agreement authorizing an agency to make purchases under such contract; WHEREAS, the State of Minnesota (Lead State), competitively procured computer equipment, peripherals, and related services and executed Contract No. 23004, Computer Equipment, Peripherals & Related Services (Master Contract), with the Contractor; WHEREAS, the Secretary evaluated the Master Contract and determined that use of the Master Contract is cost-effective and the best value to the state. NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Term and Effective Date. The Master Contract became effective July 1, 2023, and its term currently ends on June 30, 2025. The Master Contract has three years of renewals available, in increments as determined by the Lead State. The Contract will become effective on February 1, 2024 or on the date signed by all Parties, whichever is later. The Contract will expire on June 30, 2025, unless terminated earlier or renewed in accordance with Exhibit B, Special Contract Conditions. 2. Order of Precedence. This Contract document and the attached exhibits constitute the Contract and the entire understanding of the Parties. Exhibits A, B, and C, and this Contract document constitute the Participating Addendum to the Master Contract and modify or supplement the terms and conditions of the Master Contract. All exhibits listed below are incorporated by reference into, and form part of, this Contract. In the event of a conflict, the following order of precedence shall apply: a) This Contract document b) Exhibit A: Additional Special Contract Conditions c) Exhibit B: Special Contract Conditions d) Exhibit C: Price Schedule Page 1 of 3 85 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Alternate Contract Source (ACS) No. 43210000-23-NASPO-ACS For Computer Equipment, Peripherals, and Related Services e) Exhibit D: Master Contract (including any amendments made prior to the effective date of this Contract and any subsequent amendments added to this Contract in accordance with the Modifications Section listed below) Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Contract, such citation or reference shall be replaced by the comparable Florida law or regulation. 3. Scope This Contract includes the entire scope of the products and services available through the Master Contract. The Contractor is authorized through the Master Contract to sell desktops, laptops, tablets, ruggedized devices, and other commodities related to computer equipment purchases in product Band 1 — Personal Computer Devices — Windows Operating Systems, product Band 2 — Personal Computer Devices - Non -Windows Operating Systems, and product Band 3 — Servers and Storage. 4. Purchases off this Contract. Upon execution of this Contract, agencies, as defined in section 287.012, Florida Statutes, may purchase products and services under this Contract. Any entity making a purchase off of this Contract acknowledges and agrees to be bound by the terms and conditions of this Contract. The Customer may include Customer specific terms and conditions and the Contractor reserves the right to accept additional terms and conditions in a separate agreement issued pursuant to this Contract. 5. Primary Contacts. Department's Contract Manager: Bradley Beech Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 487- 9847 Email: Brad lev.Beech (a)dms.fl.gov Contractor's Contract Manager: Ashley Salinas Dell Marketing L.P. One Dell Way, R1-33 Round Rock, TX 78682 512-542-1237 A. Sal inas(c)dell.com Page 2 of 3 86 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Alternate Contract Source (ACS) No. 43210000-23-NASPO-ACS For Computer Equipment, Peripherals, and Related Services 6. Modifications. Any amendments to this Contract must be in writing and signed by the Parties. If amendments are made to the Master Contract after the effective date of this Contract, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Contract, enter into a written amendment with the Department reflecting the addition of such amendments to this Contract. IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their duly authorized undersigned officials. DELL MARKETING L.P. DEPARTMENT OF MANAGEMENT SERVICES F Dwo{'ccu,S.ignned by: ''` •^DDocuSigned by: N 1 , (41. h F A- K-RK&l ne Nstillo, Paralegal Supervisor Pe66'Alhe' ae, Secretary 1/17/2024 1 4:05 PM EST 1/23/2024 1 2:05 PM EST Date: Date: Page 3 of 3 87 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Department of MANAGEMENT SERVICES We serve those who serve Florida EXHIBIT A ADDITIONAL SPECIAL CONTRACT CONDITIONS The Contractor and agencies, as defined in section 287.012, Florida Statutes acknowledge and agree to be bound by the terms and conditions of the Master Contract except as otherwise specified in the Contract, which includes the Special Contract Conditions and these Additional Special Contract Conditions. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders at the time of order placement. The use of a State of Florida Purchasing Card is not permitted for payment of invoices issued by the Contractor. B. Contractor and Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department or state agencies because of any failure of an affiliate, partner, subcontractor, reseller, distributor, or dealer. The Contractor is responsible for ensuring that its affiliates, partners, subcontractors, resellers, distributors, and dealers providing commodities and performing services in furtherance of the Contract do so in compliance with the terms and conditions of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Preferred Pricing: This section intentionally left blank. D. Purchases Prerequisites: Contractor must ensure that entities receiving payment directly from Customers under this Contract must have met the following requirements: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.orq), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. • Be registered in the MFMP Vendor Information Portal (httr)s://vendor. mvfloridamarketplace.com). • Have a current W-9 filed with the Florida Department of Financial Services (httr)s://flvendor.mvfloridacfo.com) E. Punchout Catalog and Electronic Invoicing. The Contractor is encouraged to provide a MFMP punchout catalog. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier's Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. Through utilization of the punchout catalog model, a Florida buyer will "punch out" to a L.E. DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 supplier's website. Using the search tools on the supplier's Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier's punchout catalog site and the shopping cart (full of Products) is "brought back" to MFMP. No orders are sent to a supplier when the user exits the supplier's punchout catalog site. Instead, the chosen Products are "brought back" to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper -based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non -catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non -catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. F. Contract Reporting: The Contractor shall provide the Department the following accurate and complete reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit Quarterly Sales Reports in the manner and format required by the Department within 30 calendar days after the close of each State fiscal quarter (the State's fiscal quarters close on September 30, December 31, March 31, and June 30). The Quarterly Sales Report template can be found here: Quarterly Sales Report Format / Vendor Resources / State Purchasing / Business Operations / Florida Department of Management Services - DMS (mvflorida.com). Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the Quarterly Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) :• DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. 2) Certified and Minority Business Enterprises Reports. This section intentionally left blank. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the format agreed upon between the Contractor and the Department and within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at https://www.dms.mvflorida.com/business operations/state /mvfloridamarketolace/mf mp vendors/transaction fee and reportingq_. Assistance with transaction fee reporting is also available by email at feeprocessina(a�mvfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. G. Financial Consequences: The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor's non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as -needed basis beyond those stated herein to apply to that Customer's resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 90 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Deliverable Contractor will timely submit complete Quarterly Sales Reports Contractor will timely submit complete MFMP Transaction Fee Reports Financial Consequences Chart Performance Metric All Quarterly Sales Reports will be submitted timely with the required information All MFMP Transaction Fee Reports will be submitted timely with the required information Performance Due Date Completed reports are due on or before the 30tn calendar day after the close of each State fiscal quarter Completed reports are due on or before the 15tn calendar day after the end of each month Financial Consequence for Non - Performance /Not Received by the Contract Manager $250 per day late $100 per day late No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract. H. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 91 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor's failure to perform or comply with specifications or requirements of the agreement. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or submission of required reporting of transactions shall constitute grounds for declaring the Vendor in default. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 92 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 93 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 and retain records on any subcontractors used to provide goods or services under the Contract. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(6), F.A.C. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all third party claims resulting in fines, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. For all claims against the Contractor under any Customer purchase order, and regardless of the basis on which the claim is made, the Contractor's liability for direct damages under the Contract will be limited to the greater of $200,000 or two times the charges for Products or Services rendered by the Contractor under the Customer order. This limitation will not apply to any claim arising under an indemnity provision of the Contract or any provision of the Contract relating to insurance required to be provided by the Contractor. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party will be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. No party will be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. For damages other than those excluded in the preceding paragraph, the Customer's liability is limited to: 1) if the damage is the Customer's failure to pay amounts due to the Contractor for Products received and accepted by the Customer pursuant to the Contract, then only the Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 94 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 amount due for such Products and any interest owed under section 215.422, F.S.; or 2) in the event the damage is not related to the Customer's failure to comply with the payment provisions of the Contract, to the maximum of the limited waiver of sovereign immunity provided for in section 768.28, F.S. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS(&DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (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 Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.4 Intellectual Property. Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 95 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 8.4.1 Ownership. Subject to Section 8.4.4, unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed specifically and uniquely within the scope of a Statement of Work for services in connection with the Contract ("Services Deliverables"). For clarity, Service Deliverables shall exclude Contractor Intellectual Property. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of developing Service Deliverables in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract as part of developing Service Deliverables, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract as part of developing Service Deliverables. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed as part of developing Service Deliverables in connection with the Contract. All copyrights created or developed through performance of the Contract as part of developing Service Deliverables are owned solely by the State of Florida. 8.4.4 Contractor Materials. Contractor shall exclusively own and retain all right, title, and interest in and to (a) all background knowledge, pre-existing work, and other intellectual property authored, invented, developed, prepared, created, reduced to practice, or otherwise owned or controlled by Contractor prior to or outside the scope of this Contract, (b) any modifications, enhancements, and improvements to Contractor Background Intellectual Property (IP); and (c) Contractor's generalized ideas, concepts, know-how, techniques methodologies, user manuals, processes, technologies, algorithms, software development tools, reusable reports, scripts, designs, charts, plans, specifications, documentation, forms, templates or output that are used by the Contractor generally in business ("Contractor IP") and not related to this Contract. SECTION 9. DATA SECURITY. The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. If a Customer requires Dell to access their data in order to provide services, the permission and specific services requiring the access must be agreed to by the execution of a Statement of Work. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post -incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all applicable HIPAA requirements and any other state and federal rules and regulations regarding security of information. Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 96 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. If such delay or failure lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, the relevant Purchase Order by giving written notice to the delayed party. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 97 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 13.2 E-Verify. The Contractor and its subcontractors shall register with and use the U.S. Department of Homeland Security's (DHS) E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor in accordance with section 448.095, F.S. The Contractor shall obtain an affidavit from its subcontractors in accordance with paragraph (5)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. Additional Special Contract Conditions (approved by State Purchasing, 1/8/2024) 98 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 EXHIBIT B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION................................................................................. 2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 SECTION 4. CONTRACT MANAGEMENT..................................................................................................4 SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................................................13 SECTION 11. CONTRACT MONITORING................................................................................................14 SECTION 12. CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16 SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 99 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 100 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. This section intentionally left blank 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 101 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name SP approved version 7-1-2019 102 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Department's Name Department's Physical Address Department's Telephone # Department's Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone # Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority -owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority -owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; SP approved version 7-1-2019 103 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at httr)s://www.resi)ectofflorida.orq. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at htti)s://www.i)ride-enteri)rises.orq. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. SP approved version 7-1-2019 104 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority -owned small businesses. The SP approved version 7-1-2019 105 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SP approved version 7-1-2019 106 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. SP approved version 7-1-2019 107 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. SP approved version 7-1-2019 10 108 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (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 Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be SP approved version 7-1-2019 11 109 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 responsible for responding to and resolving all claims for access to Contract -related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. SP approved version 7-1-2019 12 110 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post -incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SP approved version 7-1-2019 13 111 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non -Performance 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time -frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. SP approved version 7-1-2019 14 112 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. SP approved version 7-1-2019 15 113 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self -report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re -screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; SP approved version 7-1-2019 16 114 DocuSign Envelope ID: 1ABAFEC2-267D-40F3-AC03-12DF6D68AB27 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; 0) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. SP approved version 7-1-2019 17 115 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Blanket travel authorization for City Council travel through SUBJECT the end of Fiscal Year 2024-2025 EXECUTIVE SUMMARY In accordance with Code Section 2-35, prior authorization of City Council is necessary for travel more than 75 miles. The following events have been included in the Fiscal Year 2024-2025 budget: • Legislative Policy Committee Meetings (October 4, Nov. 8, December 5) • CRA 101 Board Training Course (October 23 or August) • Legislative Conference (December 5-6) • Legislative Action Day (TBA) • FLC Annual Conference (August) • Leadership Academy (TBA) RECOMMENDATION Consider blanket authorization for those Council Members interested in attending the upcoming events. ATTACHMENTS: N/A FUNDING SOURCE: Expenditure required Determined by those Council Members interested Determined by those Council Members interested Amount Budgeted $26,000 $10,000 Funding source Council Operating: Travel/Per Diem Council Operating: Training 116 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELE0RATION 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul, Administrative Assistant SUBJECT Alcohol Beverage Approval - Langfelder EXECUTIVE SUMMARY Amanda Langfelder is seeking Council approval to serve alcoholic beverages at the Sebastian Community Center on Saturday, September 28th, 2024 from 6:OOpm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 60-70 attendees. RECOMMENDATION Approve alcoholic beverages for the Langfelder Class Reunion at the Sebastian Community Center. ATTACHMENTS: 1. Amanda Langfelder Documents.pdf FUNDING SOURCE N/A 117 CITY 0 SEBAT. !ATV iiow of PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 For emergency purposes ONLY, please dial 772.473.0454' Today's Date: A-2I 14 RAID (I I iv)Aldor Isiah school A'rlass &nric-. Name of Permittee.(j erm its may only be issued to an adult) Name of Organization (if applicable) k33 ,�c.Vmrnannbr- Physicaf Address Mailing Address (if different) SeI Wkia.n �ZG58 ai Z ) 5Q4 Q568 city State Zip Phone (;lass Qfurin KIAmt0 "6o com Reason for Rental —Type of Function E-Mail Address [no -10 Anticipated Number of Attendees (Must be less than a maximum of 150) u -V 2q Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? V C S 2) Will there be an admission charge or door charge? 'No 3) Will alcoholic beverages be served? y Its If yes, please provide govt. issued ID proof of age I '1q V t Date of Birth Verified by 1.�wxrnda I nnQ 1 jd or , 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 S250.00 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 yyyy�� security deposit. •!1 (h� 1 �{ }�{� IIIQT' �JQ,�S� 1 �`�,µnU '" ignature of App icant r VM &OLCh.319bl 118 CITY OF SEBASTIAN C LEISURE SERVICES RECEIPT 2860 Name tqmouido, as 'a�C�¢�" Date © 12--0 /;z CC) en G t ccs�� "lll o''' Cash A Check # l 31 J Credit `f' • 6 ooprh -6,,, 1111&o o 1 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services cy ck- (�m�m� cam► �-�.�� C) V) y- A27 P�e-f'urn -i--he, Ivey � y � (oh Dee Pos 1 t re- -Fv0c1 v.a i U rn a -de -A n n 1014 124 Initials 0 Amount Paid 3 D© 06 Total Paid 5 q�- White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 119 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Dorri Bosworth, Community Development Manager TABLED from August 28, 2024 — Consideration of a Variance Request — Holiday Builders, Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zoning SUBJECT District EXECUTIVE SUMMARY Holiday Builders is requesting a variance for a single-family residence that has finished construction, but was recently discovered to have been built too close to the Northern side property line because of a surveyor error. Although the initial survey and subsequent "formboard" survey were both reviewed by staff and found to be in compliance with setback requirements, a surveyor calibration error was found by the surveying company as the final survey was being prepared. The error has been acknowledged by the builder, and as an effort to not have to relocate the house, relief is being sought to allow the structure to remain 5.8 feet from the side property line instead of the required ten. Because of the mistake, the septic system will also need to be relocated. 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. RECOMMENDATION Staff recommends to conduct a quasi-judicial public hearing to consider a variance request for a new single- family residence that was built 5.8 feet from the side property line instead of the minimum 10 feet required by the RS-10 zoning district. ATTACHMENTS: 1. Staff Report 2. Variance Analysis — Staff 3. Board Criteria for Determining Variances 4. Aerial 5. Exhibits 6. Objection Letter FUNDING SOURCE: Expenditure required N/A Amount Budgeted: I Funding source 120 CROF 5EBAsTi!NV HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: 631 Mulberry Street — Holiday Builders, Inc. 2. Requested Action: A variance is being requested from Section 54-2-5.2.3(d)(5) of the Sebastian Land Development Code to allow a portion of a newly constructed single- family residence to remain at 5.8 feet from the northern side property line, whereas the code requires the structure to be 10 feet from the side property line. 3. Project Location 4. 5. 6. 7 a. Address: 631 Mulberry Street Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-3 8-11-00001-1250-00006.0 Lot 6, Block 125, Sebastian Highlands Subdivision Unit 4 Project Owner: Holiday Builders, Inc. 2293 Eau Gallie Boulevard Melbourne, Florida 32935 (321) 610-5922 Project Agent: Jeffrey Travis Holiday Builders, Inc. Surveyor: Adolphine Keith-Lazowick, PLS 94105 Keith & Associates, Inc. 301 E. Atlantic Boulevard Pompano Beach, Florida 33060 (954) 788-3400 Project Description: a. Narrative of proposed action: The City's procedures for new homes involves several submittals of surveys throughout construction. With the initial building permit application, a survey is required that indicates the proposed placement of the house along with drainage and septic information. The survey is reviewed for setback & size compliance, grading & drainage, flood zone compliance, and 121 b. C. septic location. Before concrete is poured for the slab, a "formboard" survey is required as an additional check that the house will be located as per the approved survey. The third and last survey required before issuance of the Certificate of Occupancy is the "final" survey which provides information on the house, final grading, and impervious areas including driveways and sidewalks. Holiday Builders submitted a building permit application to construct a single- family residence at 631 Mulberry Street on 2/9/24. After review of the "proposed" survey and verifying all required setbacks were met, the Zoning Technician approved the survey on 2/23/24 (See Exhibit A, proposed survey). The proposed side yard setback from the Northern property line was indicated at 11.5 feet, in compliance with the RS-10 zoning requirement of a minimum 10 feet. When the "formboard" survey was submitted in April, the Chief Building Inspector approved the survey, as it confirmed the placement of the house from the north property line at 11.51 feet (See Exhibit B, formboard survey). Staff was contacted by Holiday Builders in late July to discuss a recent discovery that the "final" survey prepared by the same surveyor now indicated that the already constructed house was at 5.8 feet from the north property line, clearly in conflict as to what was shown on the previous two surveys (See Exhibit C, final survey). Because of the cost to fix the encroachment, the contractor is requesting a variance to allow the house to remain at 5.8 feet from the property line and has submitted an application that includes an explanation from the surveyor as to the cause of the error, and proposed mitigation measures the contractor is offering (See Exhibit D1-D11, application, written request & justification & mitigation, surveyor report, and street view photo). Because of the error with the survey and misplacement of the house, the septic tank and drainfield were also installed in the wrong location and must be relocated to be in compliance with Health Department regulations. Current Zoning: Current Land Use: Adjacent Properties: North: East: South: West: RS-10 (Single -Family Residential, Min 10,000 SF Lots) LDR (Low Density Residential, 5 units per acre) Zoning RS-10 RS-10 RS-10 RS-10 Current Land Use residence vacant residence residence Future Land Use LDR LDR LDR LDR 2 122 d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Additional Staff Comments: .23 acres, or 10,000 SF Newly constructed single-family residence Public water Septic & Drainfield To compensate for the newly constructed house and its closer proximity to the property line of the adjacent neighbor's house, Holiday Builders has offered as mitigation, to install a solid fence or plant a hedge long the north property line. The neighbor has requested a hedge, and it will be planted from the rear property line to the front line of her house. The applicant has agreed in writing to relocate and bring the septic system into compliance. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: If the variance is -,ranted, staff recommends the following two conditions of approval: a) The installed septic system is required to make any modifications that may be required by Indian River County Health Dept. This will be verified by the Building Department prior to issuance of a Certificate of Occupancy. b) There shall be a time limit of 180 days to make any modifications to the septic system as may be required by Indian River County Health Dept. and obtain a Certificate of Occupancy. If the variance is denied, staff recommends the following condition of approval: a) The applicant is required to submit revised plans for approval and complete the necessary modifications to the building to bring the residence into compliance including demolition, if necessary. 11. Board Action: onduct quasi-judicial hearing to consider the requested variance. W. tine, Building Official + D. Bosworth, Mgr/Planner Date 3 123 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes ❑ No V The shape and size of this lot is not peculiar in any way. This is a standard lot in the highlands and there is no reason for an encroachment in the ten -foot side yard setback. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No V Although the encroachment was a result of a surveying error, Holiday Builders is responsible for the actions of their contractors. The encroachment error of 4.2 feet may have been recognized by a trained field supervisor during construction since the neighbor's fence in the rear is located on the property line, providing a visual reference. C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No V The granting of this variance will confer on the applicant an exception to the required 10- foot side yard setback that is required in other single-family residences located in RS-10 zoning districts. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. rd 124 Meets Standard Yes ❑ No The hardship was caused by the applicant's surveyor. All rights to the property under the terms of the ordinance has been preserved and does create an unnecessary or undue hardship to the applicant. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes � No ❑ Requesting relief from the required 10-foot side yard setback to 5.8 feet and any modifications to the septic system installation as may be required by Indian River County Health Dept is the minimum required to bring the single family residence into compliance. f. Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes V No ❑ The placement of the single-family residence is 5.8 feet from the property line which is out of the 5-foot drainage utility easement that is located on the side of the property in question. There is no other apparent danger to the public welfare. 2. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes V No Ll The granting of the variance should be conditional upon any modifications to the installed septic system that may be required by Indian River County Health. Dept. This will be verified by the Building Department prior to issuance of a Certificate of Occupancy. E 125 h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes V No ❑ Staff recommends a time limit of 180 days to make any modifications to the septic system as may be required by Indian River County Health Dept. and obtain a Certificate of Occupancy. Should the variance application be denied, the applicant is required to submit plans for approval and complete the necessary modifications to the building to bring the residence into compliance including demolition, if necessary. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes -V No ❑ The request is not a use -related variance. on 126 Exhibit D1 aala Permit Application No. fV City of Sebastian .n . Development Order Application I Applicant (If not owner, written authorization (notarized) from owner is required) Name: /40 L i D A y & l L•U 6.5 7fsPR&`t Address: 2,.�-93 iIU •K+1� �1>Y� , /�ELBtt/Paf� _ 3 29 3S Phone Number: 32,1)610 - S9 FAX Number: E-Mail: �7Su1c-ads , cam Owner (if different from applicant) Name: Address: i Phone Number: ( ) - FAX Number: E-Mail: ' t I Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): I B. Site Information C Address: 63 % /�f /� a L-13Wy JT I 5AiSA eW , RL .3 J Lot: (e Block: %.3S Unit: q Subdivision: SteAsri� M6 Indian River County Parcel M,313 FII ODDOl/XS-ODUDO b . O Zoning Classification: Future Land Use:lXkJ Existing Use: Proposed Use: ' J� s� PAM+u,o C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED::/ 5�/ a l PEE PAID: $ ' .60 CG RECEIVED BY' cS- D2 Permit Application No. D. Project Personnel: _Agent: Name: Address Phone Number: ( ) - FAX Number. ( ) E-Mail: Attorney: I Name: f Address Phone Number. ( ) - FAX Number. ( ) E-Mail: Engineer: Name: -F.bb IV Address 1717 ,ln/ )" ZV6R Sa-0 ";�r3oZ xJW3_-4,(71, 3120(a0 j Phone Number: (772.) 56- 3�e8 FAX Number. { ) - IE-Mail: -TJV5 - a +BgL+ kT7� N Surveyor: Name: i tI T14 At-0 Assoc_1 6s Address �rvt P,�la & , A. 330 (v a Phone Number. { ,q) - 3�aC� FAX Number: E-Mail: -6 KC 1734 Ca K6►77 -726W . C-6M <'ZrR� / FG4'1'IS , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: A 1 AM THE OWNER _ I AM THE LE REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICA,PgN, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE rC7�g TAND BEST OF MY KNOWLEDGE AND BELIEF. , l SI A ��DA'It OR `" N TO AND SUBSCRIBED BEFORE ME BY �e ! f C—V 1 S WHO 15 PERSONALLY KNOWN TO ME OR PRODUCED IVL .¢ice � C P� S2 AS IDENTIFICATION, THIS � DAY OF .20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY C.^AC —.- COMMISSION NO./EXPIRATION SEAL: ;4 MEGAN D'ANGELO n; r<i NotarY Public - State of Fiorida Commission N HH 415168 My Comm. Expires Jun 27. 2027 ,.. im, " moo^ �yn�p dau'W7d�'•Yj . 132 D3 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, * THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE 16W aF AbA--JLkSj*jIaiur BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING, THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ISES MADE, ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OFT CITY OF SEBASTIAN. �� - 7b?T 1 r1 SI�AI� \ DAfE Sworn to and subscribed before me by . )e4rt Tfcl'--+S who is personally known jo me or produced—I&II)y;ve !_ V cQn9Q as identification, this )L-9 day of / Notary's Signature Printed Name of Notary ^ l o Commission No./Expiration Y Seal: : 1 Y........ -- AWGAN WANGELO Notary Public - State of Florida ' Commission # HH 415168 t, 1Ny Comm. Expires Jun 27, 2027 •nix. ii, I:Ri i��,�a�:.,,�y„ APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE 133 91 Permit Application No. _ 21 A ft. aMOMM" Supplemental Information Application to the Board of Adjustment i _ 1. This application is for a (check one): -X— variance(s) appeal(s) I 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary):�� _ 3. Legal description of the property involved: yo-r 6 , RwGC /Z5 w tj, r 01 C'9sr �L 3245$ 4. Attach the following: ✓a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. Zb. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that Is subject of the application. 134 D5 Description of Variance Request by Davis Vacation Rentals, LLC Date: 7-26-2024 Property Address: 631 Mulberry St., Sebatian, FL 32958 Legal Description: Sebastian Highlands, Unit 4, Block 125, Lot 6 as recorded in Plat Book 5 Page 100. Tax Description: Parcel ID: 31-38-11-00001-1250-00006.0 Zoning: RS-10 Purpose of Request: A 4.2 ft. variance to the 10 ft. side yard setback requirement on Sec. 54-2- 5.2.3(d)(5) reducing the required setback to 5.8 ft. to allow for a one-story single-family residence to remain as constructed without the owner having to remove it modify the structure. 631 Mulberry St. Criteria for Determination of Variance 2A. Existing special conditions and circumstances: The owner, Holiday Builders, Inc. retained professional services to construct a single- family residence to be located at 631 Mulberry St. The residence was constructed, and a final survey has been completed, which is part of the variance application. A form board survey was also completed prior to the installation of the concrete slab on grade. At that time, the form board survey did show the house in the correct location as originally permitted and meeting all setback requirements. However, the form survey and the staking of the house slab was in error. The surveyor for the project has included in the variance application an explanation of how the error occurred, which resulted in the structure being constructed closer to the north property line than what was shown on the form board survey. In addition, the septic tank was installed closer to the north property line, since its installation was set in alignment with the actual house location. As a result of the surveying error the house was constructed with a 5.8 foot setback from the north property line and the septic tank was installed with a 2.8 foot setback from the north property line. 2B. Existence of special conditions and circumstances do not result from the actions of the applicant: No action of the owners has caused this hardship. The structure was constructed in the location noted in Item A and as shown on the final survey due to a surveying error in the staking of the structure's slab and foundation. There was no malice on either the owner's or surveyor's action and the error was extremely technical in nature as described in the attached surveyor's explanation of why the error occurred. 135 AA 2C. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of the ordinance to other lands, buildings or structures in the identical zoning classification: In consideration of the proposed mitigation noted below, the applicant feels that they would not be given a special privilege since the as -built setback was not a result of their actions. 2D. That literal enforcement of the side yard setback would deprive the applicant the ability to complete the structure and obtain a certificate of occupancy and will constitute unnecessary and undue hardship on the applicant: Should the Board feel that a variance should not be granted the house would not be able to be completed and would not be able to get a certificate of occupancy. This would create an extreme hardship on the owner. From a design standpoint, it would be nearly impossible to redesign the house and remove the northern 4.2 feet of the entire house. Considering all the underground electric and plumbing and room placement through the house, the owner would essentially have to tear down the house. This would result in over a $200,000 expense to the owner, which at no fault of their own they would be penalized with the expense. 2E. That the variance granted is the minimum variance that will make possible the reasonable use of the structure. The owner is asking the Board to consider the minimum variance of 4.2 feet that would allow for the completion of the residence, so it can be reasonable occupied for a single family use, which was its intended use. 2F. That the granting of the variance will be in harmony with the adjacent residence and the neighborhood and that such approval of the variance request will not be injurious to the area involved or otherwise detrimental to the public welfare: This variance is in harmony with safety, appearance & welfare of the neighborhood. The owner has approached the adjacent neighbor to the north and has explained the setback issue. The owner to the north did state that she has no objection to the placement of the residence. The owner is offering to install a solid fence or a hedge along the property line to improve the compatibility of the two residences and improve the aesthetics of the separation of the residences. This was also discussed with the adjacent owner, and she was amicable to the proposal. She did state that she would prefer the hedge in lieu of a fence. The applicant proposes to install the hedge or fence from the rear back corner on the north property line to the front setback of the closest house of the property in question or the adjacent house to the north relative to the street. If the Board feels that it would also be appropriate for Holiday Builders to plant several canopy trees along the side property line, Holiday Builders would have no object. Additionally, the 136 D7 owner will move the septic tank to the required 5 ft. setback from the side property line and modify the drainfield (if necessary) to bring the septic into full compliance with all local and state regulations and secure final approval from Indian River County Environmental Health Dept. The lot does provide on site positive drainage from the back to the front and there is no adverse impact to the adjacent neighbor. Aesthetically the elevations of the house are compatible and in harmony with the surrounding residences in the neighborhood. 2G. Conditions and safeguards may be imposed. The owner acknowledges that should the Board grant the variance, they may impose conditions and safeguards. 2H. Time limit may be imposed. The owner acknowledges that should the Board grant the variance, they may impose a time limit for the commencement and completion of any proposed mitigation. 2I. No use variance permitted in special instances. The use of the structure is a permitted use for the RS-10 zoning. No unpermitted use is being requested. 137 E M Surveyor Report for KEITH Project: 13067.02 Holiday Builders Location: 631 Mulberry Surveyor: Luis M Santaliz Franqui Company: KBITH Introduction This report addresses the recent discovery that a house was shifted approximately 5 feet and is now encroaching 4 feet into the building setbacks. The incident was identified during the final survey collection using the GPS R12 unit. This report will detail how and when the issue occurred, the factors contributing to the error, and the steps taken to identify and rectify the situation. Incident Summary During the recent survey, it was discovered that the house in question was built 5 feet off its intended position, resulting in a 4-foot encroachment into the building setbacks. This discrepancy arose due to a misalignment during the remote elevation calibration using the GPS R12 unit. Cause of the Incident Upon investigation, it was determined that the error occurred during the remote elevation calibration process. The field crew responsible for the calibration held both vertical and horizontal datum using the GPS R12 unit. However, they inadvertently maintained a coordinate system that was not based on state plane coordinates. The correct procedure should have involved remote calibration solely on the vertical datum. After completing this procedure and setting the initial horizontal and vertical control for the site, the crew held incorrect horizontal coordinates. Despite the boundary being correctly located by another crew using a different GPS R12 unit, the control points established by the initial crew were based on erroneous horizontal coordinates. Detailed Analysis 1. Calibration Process: o The Field Crew performed remote elevation calibration with the GPS R12 unit. o Both vertical and horizontal datum were held, leading to a deviation from state plane coordinates. 2. Control Points: o Initial horizontal and vertical control points were set with incorrect coordinates. o The boundary was accurately determined by a different crew using a separate GPS unit, ensuring the boundary was correctly located. 138 FFEW LIFAM 3. PINS Stakeout and Formboard: o Points calculated in AutoCAD were based on the correct boundary location. o The Total Station S5 unit was used with the wrong coordinate system, causing a horizontal shift of 5 feet. o Points set from the shifted position appeared correct within the misaligned system, masking the error. 4. Final Survey and Discovery: o The final survey, conducted using the GPS R12 unit, revealed the house's incorrect position. o Office personnel reviewed the formboard and found no indication of an error until the final survey was conducted. Conclusion The house was built in the wrong location due to a misalignment in the initial horizontal coordinates set during the remote elevation calibration. This misalignment was not detected during the PINS stakeout or formboard setup, as the points appeared correctly positioned within the erroneous coordinate system in the Total Station S5 unit. Implemented procedures to prevent this to happen again: 1. Review Procedures: o Implement additional checks during initial setup to verify horizontal coordinates. o Use state plane coordinates consistently across all survey equipment. 2. Training: o Provide additional training for Field Crews on proper calibration procedures and the importance of maintaining accurate coordinate systems. 3. Quality Control: o Enhance quality control measures to detect discrepancies early in the process. Surveyor Name: Luis M Santaliz Franqui 6A N q���i ,..`qw.• rq�, Digitally signed �° �So� .p ; by Luis M Signature:g`� , 1 Santaliz �t+th$iFLORI „ STATE OF Date: 2024.07.10 '•. OA '''�•'„Y�'suR €vb� ``'� 19:45:35-04'00' "nmuon,• Date: 07/10/2024 139 D10 0 KEITH Engineering Inspired Design. July 25, 2024 Holiday Builders Mr. Steven Whiting, Project Manager PROJECT: 13067.02 SUBJECT: 631 Mulberry Street, Sebastian, FL Mr. Whiting, On behalf of the KEITH Team, we appreciate the opportunity to provide a brief summary of the survey work tasks related to the property located at 631 Mulberry Street. The dates and task descriptions for the field work provided on the project are as follows: 12/29/23 First crew site visit. Property corners were located throughout the block and roadway for Boundary determination. RECENT evaluation confirms survey work performed utilizing GPSR-12 unit and FDOT Florida Permanent Reference Network (FPRN). 01/04/24 — Crew set roadway site control (vertical and horizontal). Further, began road x-sections & site topographic. Set rear property comers. RECENTevaluation confirms survey work performed utilizing GPSR-12 unit and a remote elevation calibration process from an NGS control point 01/05/24- Crew completed site topo and tree locations. It has been determined that a horizontal misalignmentoccurred from this pointforward, as described in the Surveyor's Report provided by Mr. Luis Santaiiz, PSM (Surveyor of Retort) due to the remote calibration process. The site control established in the roadway was utilized fear the remainder of survey work on site. 03/21/24 - Building Pad stake -out performed, utilizing roadway site control points. 03/27/24 - Building comer stake -out performed, utilizing roadway site control points. 04/04/24 - Formboard As -Built Survey performed, utilizing roadway site control points. 06/18/24 - Foundation As -Built Survey performed, utilizing roadway site control points. 06/24/24 - Final Boundary and Location Survey performed. 06/28/24 — Crew sent back to confirm building location & property corners for encroachment issue. 07/08/24 - Crew sent back to confirm site control, locating neighboring house north of site, and taking site photos. 07/10/24 — Subsurface Utility Crew location of septic tank to confirm encroachment. During the process of performing the field work, related to the preparation of the Final Survey, our team discovered a shift In the coordinate values utilized for the prior tasks on the project site as detailed in the above summary. Our team immediately remobilized to the project site and collected additional survey data to process and analyze. Upon completion of the additional analysis, we were able to verify that a geometric shift had occurred in the values representing the original control points utilized on the project site. Upon determination of the magnitude of the shift, we utilized the additional field data to update the Final Survey and were able to determine the correct positioning for the structures on site. The final survey that we prepared depicts the correct positioning of the site Improvements and provides specific notes related to the magnitude of the shift In the project coordinates. 1.11 CfI III0I1 www.KEITHteam.com pompano beach IHQ) • miami a west palm beach . orlando a port saint lucie 140 August 22,2024 City of Sebastian Community Development Dept. Attn: Board of Adjustment 1225 Main Street Sebastian, Florida 32958 RE: Holiday Builders, Inc. Lot 6, Block 125, Sebastiar Highlands Sub. Unit 4 631 Mulberry Street To the Attention of Board of Adjustment: CE(VE AUG 2 7 2024 As the above house was being constructed 4+ feet too close to my house, did an inspector from the Community Development Dept. come to inspect the site and sign -off on the setbacks of this building? Is your 5.8 feet actually 5 foot 10 inches or 5 foot 8 inches? I object to this screw -up and hold whatever governmental branch responsible. What is our government for if not to create regulations and ethically enforce them? So, what is the Board of Adjustment going to do about it? Simply approve the variance, regardless of what I say? Does this not allow all builders to do as they please, build (give -or -take) where they want and apply for a variance after -the -fact? How can an experienced builder who builds on these smaller cookie -cutter lots not notice 4+ feet of encroachment? Was a survey done? Is this mistake the weight of the surveyor? Who is going to remedy this lack of privacy in our kitchen? I can see that the county wants to raise my property taxes by 8% this year. As those of us who teeter on the verge of leaving Florida because it's becoming unaffordable, adding one or two more reasons on top of this sloppy work temps me to consult my attorney. The builder has offered to install a fence or hedge but what other options are there? Surely this has happened with some other single lots being built the past few years. What was done in those cases? Please do not rush this variance through; it's time to do a look -back and figure out what went wrong and fix it. Sincer dy,/ ly Paige M 625 Mulberry St 142 CITY OF SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL DATE September 11, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Rec Director SEBASTIAN SUBJECT Discussion regarding the placement and design of the America 250 monument at the Veteran's Memorial in CENTENNIAL CELEBRATION 1924.1014 Riverview Park. EXECUTIVE SUMMARY The Florida Society Children of the American Revolution has proposed to fund, design and have constructed and installed a monument commemorating the 250-year anniversary of Americas independence. The monument would be located at the Veterans Memorial in Riverview Park. The Veterans Advisory Board approved the design and location at the August 5, 2024 meeting. The local chapter of Children of the American Revolution will make a presentation. RECOMMENDATION Accept presentation and approve proposed location and design for the America 250 monument. ATTACHMENTS: 1. America 250 Monument Presentation 2. Proposed America 250 Location FUNDING SOURCE There is no funding required on the City's behalf. 143 Florida Society Children of the American Revolution Children of the American Revolution 144 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of appeal from Ms. Weston in her request to SUBJECT receive CDBG funds EXECUTIVE SUMMARY In accordance with the City's guidelines for Community Development Block Grant funding an applicant is not to receive assistance more than once in a five year period. Ms. Weston last received assistance in September of 2023, thus making her ineligible for this grant cycle. She has requested an appeal to City Council. RECOMMENDATION Staff recommends denial of Ms. Weston's application of CDBG funds as this would be the second time in a five year cycle that she would receive funding. ATTACHMENTS: 1. Denial Letter 2. Appeal Letter FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source Additional Funds Needed: $ 0.00 153 crrvOf AST HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org August 6, 2024 Ms. Melinda Weston 586 Gerald Street Sebastian, FL 32948 Re City of Sebastian Community Development Block Grant (CDBG) Application Status Update Dear Ms. Weston: This letter is to provide you a written update on the review status of your City of Sebastian Housing Rehabilitation Application for the Community Development Block Grant (CDBG) funding provided by the U.S. Department of Housing and Urban Development. Upon final review of your application by the Program Administrator (The City of Sebastian), it has been determined that your application is not eligible for rehabilitation assistance at this time. This determination was based on the City's 2020-2025 Housing Assistance Plan & Procedures (see below). A copy of the complete plan can be provided upon request. "For all CDBG programs, has the Applicant previously been furnished assistance under any City Housing assistance program including State Housing Initiative Partnership (SHIP) or Disaster Recovery Initiative (DRI), or other such federal/state programs, and if so, when and under what circumstances. A former Applicant that received assistance under the regular CDBG category cannot be assisted for five (5) years and in any event will not be served again until all other eligible Applicants have received assistance." You were last awarded CDBG grant funds on September 27, 2023. Therefore, you will be eligible to reapply once the (5) year timeframe has passed and as long as there are no new applicants ahead of your application that have not received assistance. If you feel this determination has been made by error, you may file an appeal with the Program Administrator. Your appeal will be reviewed by the City Council in accordance with the City of Sebastian Housing Assistance Plan. Please note, for an appeal to be considered valid, it must be requested in writing on or before 10 calendar days of the date of this letter. If you have any further questions or concerns, please feel to call Alix Bernard, Community Development Director, City of Sebastian at 772-388-8228. Sincerely, Alix Bernard Community Development Director 154 August 7, 2024 RECEIVED AUG 12 2024 Dear Mayor Jones and City Council, City of Sebastian City Clerk's Office I received the certified letter from Alix Bernard today, that stated I was not eligible for the rehabilitation assistance program. It said the decision was based on the City's 2020-2025 Housing Assistance Plan & Procedures. I'm having a difficult time understanding this because when Mr. Jenkins, from Guardian, came last year to inspect my home and saw other things that needed to be repaired, he informed me that I could reapply when the grant was available again. He said that everyone was eligible to apply for two years in a row. When I went to the meeting last year where we met the contractors, I met several families that told me it was their second year to receive the grant. I told them that Mr. Jenkins had given me that information too. I spoke with Michelle, at the city, to confirm and she said yes, that I would be eligible again when the grant was opened. I had all my paperwork done prior and the day it opened up, I came and turned my papers in. Michelle told me I was the first person to apply. Why would Mr. Jenkins, the head of Guardian, tell me and others that we could apply two years in a row? Why would Michelle, who works for the city, tell me the same thing? Why were others approved by the city to receive the grant two years in a row? Why are you telling me I can not reapply for five years, when other applicants were allowed to reapply and got accepted for two years in a row? 155 I will be 77 in a couple of months, so basically you are telling me, I have to wait till I am 82 years old to get my broken driveway fixed;that is a danger to anyone who visits and to myself. Plus liable to lawsuits if anyone falls and gets hurt. I also have to wait for the screens to be replaced where the rats chewed through and come into my home. I catch at least two rats daily. I have a plan with Terminix but they say unless I seal all the openings they will continue to get in. These are two reasons why I was so excited about being approved. I don't like worrying about if someone will get hurt on my property or the fact that I have rats on my property and entering my home on a daily basis. It's disgusting and scary hearing them scurrying around. It's a health hazard to me. I truly do not understand why I'm being singled out and being refused a second consecutive year when others were allowed that opportunity. Mr. Jenkins approved it. Dawn brought contractors over to make their bids. I received the paperwork of the company that won the bid. And now the City Council has denied me of this grant that others were allowed to receive. I know after this year, Guardian will no longer have the contract with the city. But they had the contract when I was approved and still have it. In the past, Guardian and the CITY allowed applicants to receive the grant two years in a row. I feel, while under their contract, I should be allowed the same opportunity as those in the past. And when the new contract is in place for the next year, then stipulate that and give that information to the homeowners. I like to think of it, as though I am grandfathered in for this year. `W-1 I feel this decision is unjustified and unfair. How do they pick and choose and decide when they are going to pull this Housing Assistance Plan & Procedures out and use against an applicant? You need to go through your records and see the people from last year and maybe even before that who were second time applicants that received the grant. Then tell me why they were allowed but you are denying me. In the letter it states that the City Council will review my appeal in accordance with the City of Sebastian Housing Assistance Plan -which would be fine except you didn't deny people last year under this plan. Why did you decide to deny me? When did the City Council realize this was on the books? This is their mistake and not mine or Mr. Jenkins and Dawn. In closing, I hope you will take in consideration that this grant will help make my home safe for me and those that visit. Also that this has been allowed in the past by the city and I feel I should be allowed the same opportunity; and if it has to be under the "grandfather" clause, so be it! Thank you for your time. Sincerely, Melinda S. Weston V, ,�,"� S-We s rc 586 Gerald Street, Sebastian, Florida 32958 (772) 321-2577 157 �i la��►Ti►_u� T I' Melinda Weston Retail U.S. POSTAGE 1 0 ) 58ti Gerald St. FCM LETTER V- Sebastian, FL 32958 SEBASTIAN, FL 32958 unrr�tvsnrrs AUG 09, 2024 9589 0710 5270 0393 8247 54 32958 $9.68 `� RDC gg RETURN RECEIPT � S2324D501762-10 REQUESTED .5z 96-t "TURN RECE1Pr RE UESrEa �__��=:y:w:.�= _ __..� JJJFI�ji►�tj=fj,,ijfE�t�ljf,ij,?��31,ifit'�1JJ1jIJ1tJ'Jl;iiij;j; CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE September 11, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Karen Miller, City Engineer SEBASTIANBeach Cove Mobile Home Park Agreement for Access < E N T E N N I A L C E L E O R AT I O N SUBJECT with the City of Sebastian for Emergency Services Access 1914.1014 EXECUTIVE SUMMARY Beach Cove Mobile Home Park is a community within unincorporated Indian River County that abuts the boundary of Sebastian. Beach Cove has been coordinating with Indian River County regarding site development and expansion. In the approval process it was determined that an emergency access road would be required from the West side of the community in case the East side of the community is inaccessible due to a railroad crossing closure. The community currently does not connect with the City of Sebastian and reached out to the City to create an access agreement solely for emergency access purposes. Per the agreement with the City, the area would be gated and only available for emergency access. Beach Cove MHP has coordinated with the City for the design of a graveled access path opening up onto Spring Valley Avenue. The design and agreement accounts for stormwater infrastructure to be placed by the development, restrictions on access, as well as maintenance requirements for the agreement. Beach Cove Mobile Home Park will lease the access through the drainage right of way for a one time fee of $65,000. RECOMMENDATION Staff is seeking approval for this agreement along with the authority for the City Manager to execute all necessary documents. ATTACHMENTS: 1. Staff Re ort 2. Beach Cove Emergency Access Agreement 3. Exhibit A to Emergency Access Agreement 4. Exhibit B to Emergency Access Agreement FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 160 AGREEMENT FOR ACCESS THIS AGREEMENT FOR ACCESS (hereinafter "Agreement") is granted this _day of August, 2024, by the City of Sebastian, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, Florida 32958, (hereinafter "Grantor"), to Beach Cove Owner, L.L.C., whose address is c/o DLA Piper LLP (US), 500 Eighth Street, NW, Washington, DC 20004 (hereinafter "Grantee" and "Parties" when referred to collectively). WHEREAS, Grantee desires permission from the Grantor for emergency access upon a City right of way owned by the Grantor; and WHEREAS, Grantee has requested that Grantor grant it certain rights as set forth in this Agreement to utilize that public right of way for the purposes set forth in this Agreement; and WHEREAS, Grantor is willing to grant Grantee this Agreement for the purposes set forth herein, subject to certain terms and conditions set forth in paragraph 12 below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants and bestows certain rights as set forth in this Agreement to Grantee for emergency access into the designated City right of way for the construction of a secondary emergency access for Beach Cove Mobile Home Park, in accordance with the following terms and conditions: 1. Recitals. The foregoing Recitals are true and correct and are made a part of this Agreement by this reference. 2. Consideration. As consideration for granting this emergency access, along with the other terms contained herein, the Grantee agrees to pay the City of Sebastian a one time `access to right of way' fee of $65,000.00 in United States Dollars. 3. Access; Grantor acknowledges that Grantee has the right to access the property described on Exhibit "A", attached hereto, running along the north line of Lot 36, Block 594 of the Sebastian Highlands and along the northwest corner of the Beach Cove property in Indian River County, Florida (the "Emergency Access Area" or the "Property"), for the purpose of emergency access as described herein. 4. Use of Pronerty. Grantee shall use and occupy the Property under this Agreement for a secondary emergency access only ("Use") for Beach Cove Mobile Home Park. The Property shall not be used for any other purpose whatsoever without the prior written consent of the Grantor. Grantee covenants that Grantee will not, without written consent of the Grantor, permit the Property to be used or occupied by any person, firm, entity or corporation other than Grantee and Grantee agents or Agreement for Access Page 1 161 emergency services to be used solely for the purposes set forth herein. Grantee further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in or upon said Property, and no act shall be permitted and nothing shall be kept in or about said Property which will increase the risk of any hazard, fire or catastrophe, and no waste shall be permitted or committed upon or any damage done to said Property. Grantee shall not permit the Property, or any portion thereof, to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 5. Costs. Grantee agrees to pay all investigative costs, court costs and reasonable attorneys' fees resulting from any successful action taken by Grantor to obtain compliance with the conditions of this Agreement or removal of the Use. Grantee also agrees to pay the following: a.) All construction costs associated with improvements necessary to create the emergency access; and b.) All maintenance costs for the Emergency Access Area and associated storm ditches in perpetuity for the life of the emergency access; and c.) Costs of connection of the two storm ditches to be constructed by Grantor. 6. Indemnification. Grantee shall, at all times hereafter, indemnify and hold harmless the Grantor and its officers, agents and employees from and against all claims, damages, losses and expenses, resulting from bodily injury, sickness, disease, personal injury or death, or the injury to or destruction of tangible property, or loss of or loss of use of the Emergency Access Area arising from the existence and maintenance of the Emergency Access Area; provided that the foregoing indemnity made by Grantee shall not apply to access pursuant to Section 24 below. THIS OBLIGATION EXPRESSLY INCLUDES ANY ALLEGED OR ACTUAL NEGLIGENCE BY GRANTOR AS TO ALL ACTIVITIES REGARDING THE EMERGENCY ACCESS AREA, INCLUDING ENFORCEMENT OF SAID CONDITIONS. Nothing in the Agreement shall be construed to waive or limit the rights, privileges or immunities accorded to the Grantor by Section 768.28, Florida Statutes. The provisions of this section shall survive the expiration or earlier termination of this Agreement. 7. Defense. Grantee agrees to defend the Grantor against any claims brought, or actions filed, against Grantor with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In case a claim should be brought or an action filed with respect to the subject of indemnity herein, Grantee agrees to employ attorneys selected by the Grantor to appear and defend the claim or action on behalf of Grantor, at the expense of Grantee. Grantor shall have the authority for the direction of the defense. The Grantor's Council shall review and decide upon the acceptability of any compromise or settlement of any claims or actions against Grantor. 8. Assianabilitv,. In the event the Grantee sells or in any way conveys the Property to another party, Grantee shall either remove the Encroachment at the Grantee's sole cost and expense or, with advance written consent by the Grantor, may Agreement for Access Page 2 162 assign and delegate to that party the rights and responsibilities set forth hereunder. If requested by Grantor, such party shall execute a replacement Agreement for Access with the Grantor, on the same terms for no additional consideration. Grantor shall consent to the assignment of the rights and responsibilities by Grantee so long as Agreement is in full force and effect, and there are no defaults by Grantee under this Agreement and there has been no requested change in zoning or land use to the property. If there is a change in use of Beach Cove Mobile Home Park and Indian River County removes the requirement of a secondary emergency access as a condition to such property's site plan approvals, then Grantee shall advise Grantor and upon such change in use this Agreement shall terminate and the area restored by Grantee at its sole cost and expense. 9. Restrictions. Any and all construction in the Emergency Access Area shall be in compliance with all applicable state and local governmental permits, regulations and requirements, including, but not limited to, building codes, zoning regulations, setback requirements and grading plans which may be in effect from time to time. 10. ARplicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for litigation relating in any way to this Agreement shall be exclusively in a State court of competent jurisdiction located Indian River County, Florida. Further, the Parties to this Agreement freely and voluntarily agree to waive the right to trial by jury on any issues so triable. 11. Term. This Agreement shall remain in effect unless and until such time that it is terminated pursuant to paragraph 12 or as otherwise provided for herein. 12. Iffmination. This Agreement is only a right to use, and grants no estate or ownership rights in the Property. This Agreement may be cancelled or revoked according to the terms as provided for in this Agreement. If, at any time during the term hereof Grantee fails to comply with the obligations set forth in paragraph 28 below, provided that such failure to comply continues for a period of thirty (30) days after written notice from Grantor to Grantee of such failure to perform such maintenance obligations, it may be terminated or revoked by Grantor. Notwithstanding the foregoing, if Grantee commences but has not completed a cure within the foregoing 30 day cure period, then Grantee shall have an additional thirty (30) days to cure such failure to comply. Grantee shall keep Grantor reasonably informed of its progress. This Agreement may be terminated by Grantee by removing the Encroachment pursuant to the terms of paragraph 20. 13. Aftprations apd Imnrovempntss to Proner'tV. Approved design drawings for the improvements to the Emergency Access Area in order to allow emergency access (the "Encroachment") are attached as Exhibit B to this Agreement. Unless otherwise approved, the improvements shall include the roadway for emergency access, all newly established elevations, and required stormwater structures to allow overflow drainage between the swale in the drainage right of way that flows West and the drainage ditch that flows to the East. To allow for overflow drainage a minimum 12" diameter HDPE drainage culvert shall be placed beside the Agreement for Access Page 3 163 gravel access roadway along with a mitered end section on its western invert and a catch basin on its eastern invert. All elevations of the swale, ditch and stormwater structures in this Emergency Access Area must be inspected and approved prior to access. Drawings shall include location of access gates. Except as permitted by the approved design drawings or in connection with Grantee's maintenance obligations in paragraph 28 below, Grantee may not make any alteration, adjustment, partition, addition or improvement to the Property or any part thereof without obtaining the prior written consent of the Grantor. All requests by the Grantee shall be in writing and shall contain all pertinent plans and specifications. All alterations, adjustments, partitions, additions or improvements to the Property shall remain the exclusive property of the Grantor. All such alterations or improvements shall be made at the sole cost, expense and risk of the Grantee. Grantee has a duty to and shall keep the Emergency Access Area in a clean, safe sanitary condition free from known or foreseeable dangers and hazards. 14. Insnections. The Grantor or its agents, or any authorized employee of said agent, may enter upon said Property at all reasonable times and hours to examine same to determine if Grantee is properly maintaining the Property pursuant to this Agreement. 16. Amendments. No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the Parties heretf, with the same formality and of equal dignity herewith. 16. Severance. In the event this Agreement or a portion of it is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Grantor or Grantee elect to terminate this Agreement pursuant to paragraph 12 hereof. 17. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any Exhibit attached hereto, any document or events referred to herein or any document incorporated into this Agreement by reference or a term, statement, requirement or provision of this Agreement itself, the term, statement, requirement or provision contained in this Agreement shall prevail and be given effect. 18. Prior Aareements. This document incorporates by reference any and all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 19. Q=Dliance with Laws. Grantee shall comply with all federal, state Agreement for Access Page 4 164 and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 20. Surrender Unon Termination. Upon termination, Grantee shall peaceably surrender and deliver the Property to the Grantor, or its agents. Grantee further agrees that it will leave the Property in the condition existing at the commencement of this Agreement, with any normal wear and tear excepted, and subject to the repair and maintenance obligations provided in this Agreement. Grantee shall bear all costs and expenses of returning the property to the condition discussed herein. Upon confirmation of the foregoing, the Grantor shall provide Grantee with a release of this Agreement for Grantee to record at its own expense. 21. Waiver. Failure of the Grantor to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Agreement shall be waived or modified except by the Parties hereto in writing. 22. Notices. Any notice or demand, which under the terms of this Agreement or by any statute or ordinance, given or made by a party hereto, shall be in writing and shall be given by certified U.S. mail sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. Notice to the City/Grantor: City of Sebastian Brian A. Benton, City Manager 1225 Main Street Sebastian, FL 32958 Notice to the Owner/Grantee: Beach Cove Mobile Home Park c/o DLA Piper LLP (US) 500 8th Street, NW Washington, DC 20004 Attention: Frederick L. Klein and Meagan Ekimoff 23. Recordation. Grantee shall record this Agreement in the Public Records of Indian River County with the Grantee paying for the costs of such recordation. All of these conditions as outlined in this Agreement shall run with the Agreement for Access Page 5 165 land and be binding upon and for the benefit of Grantee's successors -in -interest. The area of Encroachment as set forth in Exhibit A hereto may not be expanded without the prior written consent of the Grantor and any necessary approvals from its City Council. 24. Routine Access. In the event the Grantor or a public utility wishes to obtain ingress and/or egress to the Emergency Access Area for any purposes, including but not limited to installation, maintenance or repair of facilities, Grantee agrees that it shall, at its sole cost and expense, remove any and all structures, landscaping and other material in the Emergency Access Area; provided that Grantee shall not be obligated to remove or be prevented from ingress or egress over the emergency access road as permitted hereunder. In the event the Grantee fails to comply within 30 days' notice, Grantor may remove such materials from the Emergency Access Area and Grantee shall be responsible for all removal costs. Grantee bears all risk of loss as to monies expended in furtherance of the use, and Grantor may then lien Grantee's property for any and all such expenses incurred. Grantee shall be responsible for any replacement or reconstruction to restore the Grantee's encroachment or use of the Property. 25. Emerciencv Access. In the event the Grantor or a public utility must obtain emergency access to prevent property damage or avoid the endangerment of the health, safety or welfare of the public, the Grantor shall have the right to immediate access. The Grantor shall make reasonable efforts to notify the Grantee and allow Grantee the opportunity to remove any and all structures, landscaping and other material from the Emergency Access Area. However, in the event Grantee is not available or unable to remove the structures, landscaping or other materials immediately, the Grantor shall remove such materials and Grantee shall be responsible for all removal costs. Grantee bears all risk of loss as to monies expended in furtherance of the use, and Grantor may then lien Grantee's property for any and all such expenses incurred including processing and recording fees. Grantee shall be responsible for any replacement or reconstruction to restore the Grantee's use of the Property. 26. Release. City shall have no liability to Grantee, or its employees, contractors, agents, and invitees in connection with the Emergency Access Area, Encroachment or the Agreement and the subject matter hereof, including, without limitation, any claims in connection with, related to, or arising from the City's routine or emergency access to the Emergency Access Area, including, but not limited to, any claims for damage to the Emergency Access Area, Encroachment, improvements on the Encroachment or the Property. The Grantee hereby releases the City, its officials, employees and agents with respect to the foregoing. 27. Permits. Grantee will be responsible for obtaining any other necessary permits and approvals from City and/or other regulatory agencies. 28. Maintenance. Maintenance of all improvements within, above and below the Encroachment set forth below shall be the sole responsibility of the Agreement for Access Page 6 166 Grantee. a) Provide routine inspection and cleaning of all drainage structures, catch basins, pipes, headwalls, and culverts b) Mow and maintain all sodded areas including retention ponds, swales and ditches within the Emergency Access Area. c) Maintain gravel access roadway. Ensure erosion control measures in place to stabilize roadway. Inspect and clean Spring Valley Avenue on an as -needed basis, removing any gravel or debris that has washed into the City roadway. d) Ensure elevations of access roadway drain all stormwater into the stormwater swale to the West and ditch to the East. Water from the Emergency Access Area should not collect on Spring Valley Avenue. Ensure stormwater flows to the appropriate stormwater drainage system. 29. Estoppel. Within forty-five (45) days or a reasonable time period after a request by Grantee, Grantor shall confirm in writing, via an estoppel certificate, that this Agreement is in full force and effect, that there are no defaults by Grantee under this Agreement (or specifying any alleged defaults, as applicable), and any other matter reasonably requested by Grantee. Grantee and any prospective purchaser or mortgage lender shall be entitled to rely on such estoppel certificate to the extent allowed for by law; however, such estoppel shall not be construed by any party as a waiver of City's sovereign immunity provided for by law nor as an admission on liability by City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF SEBASTIAN, FLORIDA Attest: By: Jeannette Williams Brian A. Benton City Clerk City Manager Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft City Attorney Agreement for Access Page 7 167 Witnesses as to Grantee (Signature) (Print Name) BEACH COVE OWNER, L.L.C., Grantee By: )04e -4'� (Signature) STATE OF FL-e tDA Washington, COUNTY OF lND1A*4M-VEP0j, ,ztvti,)r r`f Columbia lade Mewbvrt'l 14,.�1,0�� u.� Ptrso„ (Print Name, Title) The foregoing instrument was acknowledged before 1 me this dn( day of 20�-(, by `,V-Jf N wbol r1 w o (check one) N's personally known to me or [ ] produced as identification Agreement for Access �1�It-t:- otary AubIc 4State of Florida at Large STACY M. WEINER NOTARY PUBLIC DISTRICT OF COLUMBIA My commission expires: MyComissionExpimsNoveffbe'9o,2026 Page 8 168 EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY SKETCH LYING IN SEBASTIAN HIGHLANDS UNIT - 17, RECORDED IN PLAT BOOK 8, PAGE 46 AND SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION: A 65.00 FOOT STRIP OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND SEBASTIAN HIGHLANDS UNIT - 17, AS RECORDED IN PLAT BOOK 8, PAGE 46, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3471, PAGE 907, PUBLIC RECORDS OF INDIAN RIVER COUNTY ALSO BEING ON THE NORTH LINE OF A DRAINAGE RIGHT-OF-WAY IN BLOCK 594 OF SAID PLAT OF SEBASTIAN HIGHLANDS UNIT - 17; THENCE, SOUTH 89°44'57" WEST ALONG SAID NORTH LINE A DISTANCE OF 188.37 FEET TO THE EAST RIGHT-OF-WAY LINE OF SPRING VALLEY AVENUE ACCORDING TO SAID PLAT; THENCE, SOUTH 00°09'36" WEST ALONG SAID RIGHT-OF-WAY LINE AND EAST LINE OF SAID DRAINAGE RIGHT-OF-WAY A DISTANCE OF 65.00 FEET TO THE NORTHWEST CORNER OF LOT 36, BLOCK 594 OF SAID PLAT; THENCE, NORTH 89°44'57" EAST ALONG THE NORTH LINE OF SAID LOT 36 AND THE SOUTH LINE OF SAID DRAINAGE RIGHT-OF-WAY A DISTANCE OF 188.64 FEET TO THE WEST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3471, PAGE 907; THENCE, NORTH OW04'48" WEST ALONG SAID WEST LINE AND EAST LINE OF SAID DRAINAGE RIGHT-OF-WAY A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. CONTAINING 12,253 SQUARE FEET OR 0.28 ACRES, MORE OR LESS. LEGEND LB = LICENSED BUSINESS LS = LICENSED SURVEYOR LTD. = LIMITED O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PG. = PAGE P.O.B. = POINT OF BEGINNING R/W = RIGHT-OF-WAY ± = PLUS OR MINUS = EMERGENCY ACCESS AREA SURVEYOR'S NOTES 1. THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, TRANSVERSE MERCATOR PROJECTION, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83 / 2011 ADJUSTMENT) AND WERE ESTABLISHED BY R.T.K.-G.P.S. USING A TRIMBLE R-12 G.P.S. RECEIVER ON THE VRS NETWORK. THE NORTH LINE OF BLOCK 594 OF THE PLAT OF SEBASTIAN HIGHLANDS UNIT- 17, AS RECORDED IN PLAT BOOK 8, PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING SOUTH 89'44'57" WEST. NOTE: SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION. DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEET 2 OF 2 OF THIS DOCUMENT. THIS IS NOT A SURVEY SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. F r-hard Digitally signed by Richard Barnes Date:2024.05.23 09:47:02 Barnes 04'00' RICHARD E. BARNES, JR. DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE No. LS - 5173 rbarnes@bowman.com BOWMAN CONSULTING GROUP, LTD., INC. CORPORATION CERTIFICATE OF AUTHORIZATION No. LB 8030 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR THE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. aEXHIBIT •A" EMERGENCY ACCESS AREA IBowman Consulting Group, Ltd., Inc. Phone: (772) 283-1413 301 SE Ocean Blvd. Fax: (772) 220-7881 INDIAN RIVER COUNTY FLORIDA Suite 301, Stuart, Florida 34994 www.bowmanconsultinq.com PATH: P\New Projects\030087\Survey\Topo Boundary DRAWN: D.L. ® Bowman Consulting Group, Ltd. PROECT NO. 030087-01-009 IREVISED DATE MAY 23, 2024 DATE -MAY 5, 2023 Professional Surveyors and Mapper Business Certificate # LB 8030 CADD FILE:030087 ACCESS SKT W-IMPROV REV ISCALE: N/A SHEET 1 OF 2 169 EXHIBIT "A" SKETCH OF DESCRIPTION LYING IN SEBASTIAN HIGHLANDS UNIT - 17, RECORDED IN PLAT BOOK 8, PAGE 46 AND SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY FLORIDA 0 40 ( IN FEET ) 1 inch = 40 ft. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF V = 40' (BASIS OF BEARING) S 89044'57" W 188.37' ! 50' ;r/ u // /71 �o� 'IfNORTH LINE OF DRAINAGE R;/W7// P.B. 8, PG. 46 S'' c W EMERGENCY ACCESS AREA O U z wo a ±0.28 ACRES/ ap O HZ°D // O W < co IZ o - SOUTH LINE OF DRAINAGE R/W P.B. 8, PG. 46 N 89044'57" E 188.64' NORTH LINE OF LOT 36 W w N.W. CORNER LOT 36 Z P.B. 8, PG. 46 W Q Q<I � W w LOT 36, BLOCK 594 u_ 1 J ° 00 SEBASTIAN HIGHLANDS J Q 2 m P.B. 8, PG. 46 > 0 0_ W ow � Z_ a co LOT 35, BLOCK 594 SEBASTIAN HIGHLANDS P.B. 8, PG. 46 P.O.B. N.W. CORNER OF O.R.B. 3471. PG. 907 to 00 T W (D d O 0 O O -J < O0 oC Z 0 Q m O woa Z 65' DRAINAGE RIGHT OF WAY P.B. 8, PG. 46 BEACH COVE O.R.B. 3471, PG. 907 NOTE: SEE SHEET 1 OF 2 FOR DESCRIPTION, SURVEYOR'S NOTES AND CERTIFICATION. THIS IS NOT A SURVEY ftvvfnan EXHIBIT W EMERGENCY ACCESS AREA Bowman Consulting Group, Ltd., Inc. Phone: (772) 283-1413 SuiteSE Ocean Blvd. Fax: (772) 220 7881 INDIAN RIVER COUNTY FLORIDA Suite 301, Stuart, Florida 34994 www.bowmanconsultinq.com PATH: P\New Projects\030087\Survey\Topo Boundary DRAWN: D.L. p Bowman Consulting Group, Ltd. PROJECT NO. 030087-01-009REVISED DATE: MAY 23, 2024 DATE: MAY 5, 2023 Professional Surveyors and Mapper Business Certificate # LB 8030 CADD FILE-030087 ACCESS SKT W—IMPROV REV ISCALE: 1"=40' SHEET 2 OF 2 170 GRAPHIC SCALE IN FEET 0 20 40 80 E ` , NORTH �3 PROPOSED EXTENSION OF 3 , /-EXISTING SWALE MES-06 N = (MITERED END SECTION) Y INV: 17.50 E a� PROPOSED EMERGENCY - - EMERGENCY ACCESS AREA - - - ACCESS GATE WITH - - - - - - 22 - - - -- _ i - - KNOX BOX' AND 'NO (f0.28 ACRES) - - - - - - - - __ - - E 26- - - -- - -- !�' - TRESPASSING" SIGN �\ r o-- - -- _ _S_89°44'57"W 188.37' - -32 % 'b29\ o - 32 - -- - - L 0 - - 28 0 _ - -- - - - �25 D STABILIZED REINFORCED TURF 2 \�� \ o E- -26- y y s cn0 - 2- - - 2�. W DRAINAGE SWALE 2W �\ o W 20.0' EMERGENCY ACCESS DRIVE W W W \ o - 22 W W o �� W (20.5' TO 22.0') W 00 W 20- .. 0 W o = - 18 18 IP W o 18 >o 1'20 9 N89`44'S7"E 188.64' W MH-07 "AUTHORIZED (CATCH \1� ( ' PERSONNEL ONLY" SIGN ; (CATCH BASIN INLET) (MANHOLE) o RIM: 19.40 RIM: 23.74 o c� N o _ co INV: 17.60 W INV: 17.80 S N N INV: 17.70 E INV: 17.80 W w W 68 LF OF 18" RCP PIPE 30 LF OF 18" HDPE PIPE mG _v MES-05 I �. Y \ (MITERED END SECTION) W Eo QQ INV: 17.80N i Fci n >- co IO M o J o 0 LOT 36, BLOCK CIL �C6 594 \ I Q LD a SEBASTIAN uJ N \ o HIGHLANDS P.B. 8, PG. 46 O zv PROPENTY LINE V MODIFIED DRAINAGE CANAL (15.0' TO 19.0') -4 QL O = Y s Kimle * Horn SHEET NUMBER 1 EXHIBIT B — EMERGENCY ACCESS AREA m © 2024 KIMLEY-HORN AND ASSOCIATES, INC. 01 445 24TH STREET, SUITE 200, VERO BEACH, FL 32960 IMPROVEMENTS m PHONE: 772-794-4100 o WWW.KIMLEY-HORN.COM REGISTRY NO. 35106 171 FL CITY OF SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL 7:4<1 SEBASTIAN CENTENNIAL CELEBRATION 1914.1014 EXECUTIVE SUMMARY DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement Manager SUBJECT Requesting City Council waive the competitive sealed bidding requirements and authorize the purchase of AED's and Lockable Outdoor AED Cabinets. Currently, the City of Sebastian has six (6) AEDs throughout the City; however, the AEDs are located behind locked doors. To allow access to AEDs in public locations, the City intends to purchase the CE- TEK Outdoor AED Enclosures. These enclosures protect from direct sunlight, cold temperatures, moisture, dust, tampering, and theft while ensuring 24/7 Public Access to Defibrillation. To access lifesaving equipment, bystanders call 911 to receive the access code to open the enclosure. With this purchase we will also add AED's to several locations such as Riverview Park, Pickleball Complex, Barber Street, Hardee Park and Main Street Boat Ramp. Units that will be moved to public access are at Barber Street Baseball and Football fields, the Cemetery, Yacht Club, Friendship Park and Schuman Park. City Code of Ordinances Section 2-10 (b) requires formal sealed bids and city council authorization for purchases over $25,000.00. However, per Section 2-10 (d) (f), "City council may waive or modify the bidding requirements for good cause." Due to the immediate need for additional AEDs and the ability to provide 24/7 public access to defibrillation, a competitive sealed bid was not issued. However, the Procurement Division requested competitive quotes from Rescue One Training for Life, Inc., Cardio Partners, Inc., and AED Team. Rescue One Training for Life, Inc. provided the lowest quote. RECOMMENDATION Staff recommends City Council waive the competitive sealed bidding requirements and authorize the purchase of AED's and Lockable Outdoor AED Cabinets. ATTACHMENTS: 1. Procurement Justification - AED and Enclosure Purchase 2. Rescue One Quote 3. AED Team Quote 4. Cardio Partners Quote FUNDING SOURCE Expenditure Required: Amount Budgeted: Source: $29,880.0 $0.00 General Fund Reserves Additional Funding Requested: $29,880.00 172 N i�i S EEBARSET IA,N mm (ENTIAL PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager. DATE: 8/27/2024 TO: Jessica Graham DEPARTMENT HEAD: Richard Blankenship DEPARTMENT: Parks, Recreation, and Facilities ❑ Invitation to Bid (ITB) TYPE OF PURCHASE: ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑ Piggyback ® 3 Written Quotes PROPOSED VENDOR: Rescue One Training for Life, Inc. ITEMS OR SERVICES AEDs, Enclosures, and accessories REQUIRED: ADDITIONAL INFORMATION Due to the immediate need for additional AEDs and the ability to provide 24/7 public access to defibrillation, a competitive sealed bid was not issued. However, the Procurement Division requested competitive quotes from Rescue One Training for Life, Inc., Cardio Partners, Inc., and the AED Team. Rescue One Training for Life, Inc. provided the lowest quote. The procurement division is requesting that City Council waive the sealed bidding requirements and award the contract to the lowest quoter, Rescue One Training for Life, Inc. Digitally signed by Jessica G2ham Jessica M. —Jessica Graham, c=US. -City of Sebas.n, —Pro—ement Division, email=jham@cityofsebastian.org Approved: D.a,. 20„ :zoZ4oazS:Zeo4-g400 Graham Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 173 QUOTE Rescue One training for life, inc. AED CR2 + CE TEK 4000 Quote Elizabeth Orendorff 7621 Rickenbacker Drive, Suite 700 Gaithersburg, MD 20879 Phone:3017403390 Email: eorendorff@rescue-one.com Q14165 Date: 08-09-2024 Expiration Date: 09-09-2024 BILL TO: City of Sebastian - Parks & Recreation Richard Blankenship 1225 Main St., Sebastian, FL 32958 772-388-4414 SHIP TO: City of Sebastian - Parks & Recreation Richard Blankenship 1225 Main St., Sebastian, FL 32958 772-388-4414 Oty Item # Item Name Description 13 CE-Tek 4000 CE-Tek 4000 CE-Tek 4000 Outdoor AED cabinet. Locked. Outdoor AED cabinet Outdoor AED cabinet 13 Flex3DW 3-D Triangular Wall 3-D Triangular Wall Sign Sign 6 99512-001711 CR2 1711 Cellular CR2 1711 Cellular Semi-Auto/English- Semi-Auto/English- Spanish/Bag Spanish/Bag 6 R1-RK Ready Kit Contents: (1) Razor, (1) Scissors, (1) facemask, (2) Nitrile Glove, (2) Gauze Pad, (1) alcohol prep pad 6 50998-000027 LIFEPAK 4G Data LIFEPAK 4G Data Plan Plan 1 Shipping Shipping Amount will be added to final invoice Item Price Total $ 1,149.00 $ 14, 937.00 $ 15.00 $ 195.00 $ 2,149.00 $ 12,894.00 $ 20.00 $ 120.00 $ 289.00 $ 1,734.00 $ 0.00 $ 0.00 Sub Total: $ 29,880.00 Total: $ 29,880.00 'Please Do Not Pay From Quote. Upon Order Approval An Invoice Will Be Generated Reflecting Any Applicable Tax or Shipping Charges.' To accept this quotation, please sign here and return: Thank you for your business! Page 1 of 4 174 TERMS AND CONDITIONS Rescue One shall provide Goods, including Automated External Defibrillator [AED/ Products, and related Services for Buyer according to the terms and conditions of this agreement. 1. Terms and Conditions: This contract, related attachments and communications for the ordering of goods and service consistent with the terms herein, represents an agreement between Rescue One Training for Life, Inc. (herein known as "Rescue One") and Buyer (herein known as "Customer") regarding the sale and/or lease of goods and the provision of services as part of an ongoing safety and education program for Customer. This Agreement sets forth the sole and entire agreement between the parties and supersedes any contemporaneous oral or written agreements between them regarding the same. Any alteration to these terms and conditions shall be effective only if made in writing and signed by authorized representatives of both parties, including without limitation that no inconsistent or additional terms contained within communications for the ordering of goods and/or services shall be binding unless signed by authorized representative of Rescue One. 2. Payment, Price & Acceptance: Customer shall be responsible for payment for all products and services, plus shipping and any applicable taxes, surcharges and government fees, ordered from Rescue One and Rescue One shall invoice Customer by e-mail to the address provided by Customer, unless other arrangements are agreed to in writing between Rescue One and Customer. Payment of the total amount shall be due in full upon receipt of the invoice. Payments may be made by check or credit card (MC, VISA, AMEX, Discover or Direct Deposit). Customer shall pay all shipping charges for shipment of goods to the location designated for shipment by Customer, or address on file of Rescue One if no separate shipping address is specified. If payment is not received more than thirty (30) days from the date on the invoices, Rescue One has the right to collect interest in an additional amount for each month the balance is unpaid equal to 1.5% of the unpaid amount or the maximum amount allowed by law, whichever is the lesser. Upon delivery to Customer's shipping address, all goods shall be deemed accepted by Customer unless Rescue One is notified within 3 business days of delivery, specifying the defects in the quality or quantity of goods. All services shall be deemed as accepted at the time of performance unless Customer provides Rescue One notice specifying issues related to the quality of such services within 3 business days of performance of such services. 3. Return Policy: Rescue One Training For Life is committed to customer satisfaction. If you are not completely satisfied with your order or you receive defective or damaged merchandise, you may return it for a refund within 30 days, subject to a Return Authorization from Rescue One Training for Life. Please contact us at 301- 740-3390 immediately should you need to return any items. Our 30-day return policy is as follows: 1. You may receive a refund or credit on most items within 30 days of delivery. Items must be in their original packaging with any enclosed documentation to avoid a restocking fee of 15%. Before we can accept your eligible return items, you must call us at 301-740-3390 to receive a Return Authorization Number. All retums are subject to inspection. 2. All items purchased from Rescue One Training For Life may be returned under this policy except opened electrode pads or those with damaged packaging, opened rescue kits and packs, used batteries or those with opened packaging, opened first aid kit/cabinet items, or any other opened items in non -resalable condition. The price of any of these items will be deducted from the refund. Please do not tape or write anything on the items or original carton or your return will not be accepted. 3. All items received from Rescue One should be inspected immediately upon arrival from carrier. Rescue One customer service should be contacted within three days of receipt to report damaged items and then a return shipping label will be issued. Shipping and insurance costs on returned items that are not damaged are the responsibility of the customer. A 15% restocking fee will be applicable to all items not returned within 30 days or any items returned without a Return Authorization Number. For your protection, we urge you to ship returns insured using a reputable carrier who will issue a tracking number for the shipment. Rescue One Training will not be responsible for customer returns that are lost or damaged during shipping. 4. Items not purchased from Rescue One Training for Life may not be returned to us. 4. Training Services: When training services have been purchased, Rescue One shall contact Customer within 3 business days to initiate the scheduling of training classes. Customer understands that Federal or State law may require training prior to AED equipment use, and Customer agrees to meet all applicable requirements for training of personnel and operation of AEDs. 5. Customer Obligations: If AEDs are purchased, the Customer shall: a. Designate authorized primary and secondary representative, (each hereinafter referred interchangeably as "AED Coordinator") who will act as the point of contact on all matters related to AED goods and service product, training and service usage. In the event either one or both are unable or fail to carry out the obligations of Liaison, Customer agrees to designate a replacement authorized representative within 3 business days. The Customer authorizes the AED Coordinator to, and the AED Coordinator agrees to (i) acknowledge in writing the AED Coordinator's assigned responsibilities by completing and signing the AED Coordinator Responsibilities form (Schedule A) (ii) registering AED(s) on behalf of Customer with any appropriate government agency when required, (iii) obtaining any necessary AED/CPR training and certification for Customer personnel and contractors authorized to utilize the AED or other goods (iv) obtaining the required AED medical prescription(s) and any required medical oversight. Customer represents that information, directives, and representations or decisions that the AED Coordinator provides or communicates to Rescue One on behalf of Customer do in fact carry the full approval of and support from Customer. b. Customer shall not (and will take reasonable steps to ensure that others will not): use the goods and services in any unlawful manner or other than as designed or in accordance with the user manual and training materials, and shall not modify, disassemble, or alter the goods in any manner, except in accordance with the use instructions accompanying the goods. Page 2 of 4 175 c. Customer shall immediately notify Rescue One at 301-740-3390 in the event of the following: (a) if the AED has been used for an emergency or is in need of service; (b) if the AED indicates, in any manner (either visually or by sound), that the unit requires service. d. Customer agrees to use the goods and training covered under this agreement in accordance with applicable laws and the operating instructions of the specific goods and services provided 6. Rescue One Responsibilities: Rescue One will provide the services as indicated in Attachment B (AED Program Management Services Plan) to the extent the customer chooses to purchase these services. 7. Warranty: Rescue One does not manufacture any of the goods provided under this agreement. Even if Rescue One provides maintenance services for the goods provided under this Agreement, any warranty for the goods provided under this agreement is between Customer and such manufacturer and to the extent permitted by law Rescue One makes no warranty and disclaims and warranty for such equipment, including any warranty of merchantability or fitness for a particular purpose. 8. Limitation of Liability: To the maximum extent allowable under applicable law, Rescue One shall not be liable to Customer for any indirect, incidental, special, punitive or consequential damages (including but not limited to loss of profits, business, and revenue), sustained or incurred in connection with the provisions agreement and the products and services that are subject to the agreement, regardless of the form of action and whether or not such damages are foreseeable. To the extent allowed by law, in no event shall, Rescue One 's liability, for any and all claims related to the provision of services and goods, under this agreement or otherwise shall be limited to the purchase price paid by Customer hereunder. Some jurisdictions restrict limitations of liability, so the limitations in this paragraph may not be applicable to you. This Agreement is not for the benefit of any third parties. 9. Indemnification: Customer will defend, indemnify, and hold harmless Rescue One, its employees, directors, and officers from any and all claims, damages, losses, and expenses arising out of or in connection with the use or non-use of the goods and services provided under this Agreement, including without limitation claims brought by third parties, except to the extent those claims are the direct result of the gross negligence or willful misconduct of Rescue One in the provision of such goods and services. Rescue One will defend, indemnify and hold harmless Customer, its employees, directors, officers, and shareholders from any and all third party Claims arising out of or in connection with (i) any infringement or alleged infringement of any third party proprietary intellectual property right arising from the performance of any service by Rescue One or relating to any good distributed by Rescue One, provided that: (a) Customer promptly notifies Rescue One in writing of any claim or threatened claim against Customer; (b) Customer permits Rescue One to have sole control of the defense, settlement or other handling of such claim or threatened claim; and (c) Customer provides Rescue One with the assistance, information, and authority to perform its obligations hereunder. To the extent not covered by insurance, Rescue One agrees to indemnify, defend, and hold harmless CAO, its members, managers, officers, employees, agents and representatives, from and against any and all Claims brought by a third party, arising from, out of or in connection with any of the following: (a) any negligent or wrongful act or omission by Rescue One; (b) the performance or non-performance of the Services by Rescue One; (c) the material breach of any of Rescue One's obligations under this Agreement; (d) the violation by Rescue One of any representation or material breach by Rescue One of any warranty by Rescue One in the purchase agreement or otherwise; (e) the violation of any Law by Rescue One. Indemnification under this agreement is not available to Customer: (i) if the AED is modified, used in any manner other than for its intended purpose, used in contradiction of the instructions set forth in the AED operating instructions or operated by untrained or unauthorized personnel; (ii) if Customer does not follow the required maintenance procedures; (iii) for Claims arising from the negligence or other tortuous actions of Customer or its personnel; (iv) for Claims arising from an incident occurring before the date of this agreement; (v) for Claims arising from any products, or any part thereof, manufactured and produced by AED manufacturer; or (vi) for Claims due to any combination of products not supplied by Rescue One. In addition, Rescue One will not be obligated to indemnify Customer under this agreement if the patient is successfully defibrillated through the use of the AED . 10. No Joint Venture or Employment Relationship: Both Customer and Rescue One agree that notwithstanding anything in this agreement to the contrary, neither this Agreement nor the provision of goods and services provided under it create any partnership, joint venture or other relationship between Customer and Rescue One; that Rescue One and Customer each remain independent entities, and no employment relationship exists between Rescue One's personnel or contractors and Customer and no employment relationship exists between Customer's personnel and contractors and Rescue One. 11. AED Annual Program Management: As specified in Schedule B, Customer has the option to purchase Rescue One's AED Program Management Plan, which is designed to help the Customer manage every aspect of their AED program, including helping to keep your AED in proper working order, ensuring that your AED program is being conducted in accordance with each state's laws and regulations, and helping to protect you and your business from liability under the Good Samaritan Law. See Schedule B for full details of the program. The AED Program Management Plan is for a period of 1 year, and commences on the purchase date of the Plan. The AED Program Management Plan will automatically renew on the renewal date, and the Customer will be invoiced, unless the Customer provides written notice to Rescue One indicating Customer does not want to renew the AED Program Management Plan no less than 45 days prior to renewal date. Either Party may terminate this Agreement upon issuing written notice to the other Party of such intent at least forty-five (45) calendar days prior to the effective date of such termination. If either Party materially breaches any provision of this Agreement, the other Party may terminate this Agreement with cause provided during or after the Initial Term, provided that such other Party fast notifies the breaching Party and allowing for thirty (30) calendar days to cure such breach to the reasonable satisfaction of the non -breaching Party. If Client terminates this Agreement, Client shall not be obligated for any further fees, costs, or expenses post -effective date of termination. By agreeing to purchase/lease these products or services, customer represents that they are authorized to purchase and agrees to abide by the terms and conditions listed throughout this document. Page 3 of 4 176 Page 4 of 4 177 AED Team 2115 Colonial Ave SW Ste 121 Roanoke, VA 24015 +1 8442331600 infoC@aedteam.com https://www.aedteam.com ADDRESS SHIP TO Jessica Graham Jessica Graham City of Sebastian City of Sebastian 1225 Main Street 1225 Main Streetl Sebastian, FL 32958 Sebastian, FL 32958 CE-TEK 4000 ALL WEATHER AED ENCLOSURE CE-TEK 4000 OUTDOOR AED ENCLOSURE The CE-TEK All Weather AED Enclosure protects AEDs from direct sunlight, cold temperatures, moisture, dust, tamper, and theft while ensuring 24/7 Public Access to Defibrillation. Manufactured in the UK from a durable polycarbonate, the CE-TEK All Weather AED Enclosure boasts an IP-66 rating against dust and water intrusion. A thermostat controlled heater inside the enclosure ensures that AED pads and emergency medication remain at safe operating temperatures regardless of the environment outside. To access lifesaving equipment, bystanders call 911 to receive the access code to open the enclosure. AED Sign AED Sign - Three Dimensional MISC ITEM 99512-001711 - Lifepak CR2 1711 Cellular Semi- Auto/English- Spanish/Bag AED TEAM Response Kit AED TEAM Response Kit MISC ITEM 50998-000027 - LIFEPAK 4G Data Plan ;R TEAM 13 1,195.00 15,535.00T 13 0.00 O.00T 6 2,359.00 14,154.00T 6 0.00 O.00T 6 379.24 2,275.44T SUBTOTAL 31,964.44 TAX 0.00 178 Accepted By Accepted Date 179 fle heartsmart'" Cardio Partners Inc PO Box 772834 Detroit, MI 48277 800-422-8129 BILL TO: City of Sebastian City of Sebastian 1225 Main St Sebastian, FL 32958 USA Sales Quote Customer Number Your Reference Customer PO Number Shipping Method Payment Terms SHIP TO: City of Sebastian City of Sebastian— Parks & Recreation 1225 Main St Sebastian, FL 32958 USA Item No. Description Quantity 99512-001713 PC-AED CR2 Fully -Automatic, Cellular, English/Spanish, 6 W/EXTRA Bag, w/Data Plan/Extras 6 LIFEPAK CR2 4G Data Plan 6 Z-PC-AED CR2 Fully -Automatic, Cellular, English/Spanish, Bag 6 RKM-Responder Pack Premium AED/CPR -AED Superstore 6 SIGN -Decal 4" Round - AED Equipped Facility 6 TAG -Check Tag (Single) by AED Superstore MANAGERPROM MISC-Manager Promotion 6 O AMP0500-RES SIGN -Flexible AED Wall Sign for Resale 13 U2A200RXX101 P CAB -Cabinet AIVIA 200 Indoor/Outdoor w/Alarm, Fan, 13 Heater, Power Supply 13 CAB -Power Supply 24VDC for AIVIA 200, 300 & 320 Cabinets 13 CAB -Cabinet AIVIA 200 Indoor/Outdoor w/Alarm, Fan & Heater AMP1013 RKM-Responder Pack Premium AED/CPR -Allied 6 Medical Products Shipping Charges 1 Prepared for you by: Dolores Ponce dolores.ponce@cardiopartners.com 800-590-0081 Q1071976 August 26, 2024 Page 1/1 C0582909 Current Price Your Price 3,263-00 3,263.00 0700-200.00 4:95 12.80 _7700 658.00 29.95 22.44 100.00 Subtotal Total Tax Total $ Incl. Tax Quote valid for 30 days from the above date. FEDEX Ground Credit Card Total 19, 578.00 -1,200.00 166.40 8,554.00 134.64 100.00 27,333.04 0.00 27,333.04 PROUD SUPPLIER TO THE US GOVERNMENT GSA/VA Contract Number: 36F79723D0173 Contract Expiration Date: 08/31/2028 DUNS #: 078 760 417 CAGE Code: 6V6E4 FEIN/TIN:80-0874694 Business Size Classification: Large 180 Jessica Graham From: Jessica Graham Sent: Tuesday, August 27, 2024 9:41 AM To: 'Dolores Ponce' Subject: RE: Cardio Partners Inc - Sales Quote Q1071976 Hi Dolores, The cabinet we requested does lock. To access the AED the person must call 911 to receive a code to access the AED. This is to prevent theft and vandalism. Thank you for the quote, but we won't be able to move forward with the alternative item quoted. Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian P:772-388-8231 Email: JessPraham@citvofsebastian.ore From: Dolores Ponce <Dolores.Ponce@CardioPartners.com> Sent: Tuesday, August 27, 2024 9:32 AM To: Jessica Graham <jessgraham@cityofsebastian.org> Subject: Re: Cardio Partners Inc - Sales Quote Q1071976 Hi Jessica, I'm not familiar with that cabinet. I did quote an outdoor cabinet though. Cabinets do not lock as it can be dangerous to try to get to the AED in the case of an emergency. Thank you, Dolores Ponce Inside Sales E-Commerce Cardio Partners, Inc. phone:800-590-0081 email: dolores.ponce@cardiopartners.com How did I do todav? PROUD SUPPLIER TO THE US GOVERNMENT GSA/VA Contract Number: 36F79723D0173 i 181 Contract Expiration Date: 08/31/2028 DUNS #: 078 760 417 CAGE Code: 6V6E4 FEI N/TIN: 80-0874694 Business Size Classification: Large OUR BRANDS AEQr.- AEMverstmt '" heartsmart From: iesseraham@citvofsebastian.ors<jesseraham@citvofsebastian.org> Sent: Tuesday, August 27, 2024 8:14 AM To: Dolores Ponce <Dolores.Ponce@CardioPartners.com> Subject: RE: Cardio Partners Inc - Sales Quote Q1071976 Thank you for the quote. However, do you sell a cabinet like the CE-TEK 4000 Outdoor AED Enclosure? We need a cabinet that is for outdoor access. Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian P:772-388-8231 Email: Jessgraham@citvofsebastian.org From: Dolores Ponce <Dolores.Ponce@CardioPartners.com> Sent: Monday, August 26, 2024 10:40 PM To: Jessica Graham<iesseraham @citvofsebastian.ore> Subject: Cardio Partners Inc - Sales Quote Q1071976 CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Thank you for requesting a quotation with Cardio Partners! I am happy to be your designated point of contact - if you have any questions, need to adjust your quotation, or are ready to place an order, please feel free to reach out to me! I am always happy to re -visit your quote if you're getting competitive quotes from other suppliers. I will always do my best to match the competitors pricing to make the purchasing process easier for you! I look forward to working with you soon! Have a wonderful day! Dolores Ponce Inside Sales E-Commerce 182 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of Resolution No. R-24-50, fee increases and additional requirements for for -profit special events at city SUBJECT facilities. EXECUTIVE SUMMARY Sebastian's riverfront parks are popular for residents and visitors, as well as locations for special events. The majority of events that occur in city parks are produced by non-profit service organizations or the city itself, however, staff wishes to create fees and policy to address for -profit events that may be produced in city facilities. Staff wishes to raise fees and apply additional conditions for for -profit events that more accurately cover the cost and security of having these events in city. While there have not been a lot of for -profit events in Sebastian facilities, the community is growing and evolving, staff should be prepared to address all possible scenarios as it relates to special events as well as cover the cost of hosting such events. RECOMMENDATION Approve the following amendments to the special event fee schedule. 1. Increase the park rental fee from $800.00 per day to $1,500.00 per day for for -profit event makers. This fee includes the rental of the facility, electric, water, standard road closure if required and routine maintenance of the facility. 2. The event maker will be required to provide a refundable deposit in the amount of $500 per day. 3. Depending on anticipated attendance the event maker will be required to supply additional toilet facilities and additional dumpster at the event maker's expense. 4. At the discretion of the city, the event maker will be required to pay for city staff at the rate of $50 per hour per park staff person for an increased level of maintenance during the event. 5. At the discretion of the City and dependent on anticipated event size and scope, Sebastian police details may be required at the event maker's expense. 6. All other aspects of the special event policy apply. ATTACHMENTS: 1. Resolution R-24-50 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source n/a Additional Funds Needed: $ 0.00 183 RESOLUTION NO. R-24-50 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, INCREASING FEES AND CONDITIONS OF FOR -PROFIT SPECIAL EVENT USE OF CITY FACILITIES PURSUANT TO CITY OF SEBASTIAN CODE OF ORDINANCES SECTION 74-7(a); PROVIDING FOR CONFLICTS, SEVERABILITY, SCRIVENERS ERRORS AND AN EFFECTIVE DATE. WHEREAS, the City of Sebastian reserves facilities for various uses including special events being defined as an event over 300 people; and WHEREAS, the City of Sebastian has adopted policies, procedures and fees associated with the reservation of City facilities; and WHEREAS, the City of Sebastian is authorized by the City of Sebastian Code of Ordinances to set fees and establish conditions associated with special events (see: Chapter 74, Section 7(a); and WHEREAS, appropriate fess and conditions concerning for -profit reservations and special events should be established such that the parks of the City of Sebastian are utilized in a manner to suit the public interest. 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 incorporated herein as the legislative findings of the City of Sebastian. SECTION 2. ESTABLISHMENT OF RATES, FEES AND DEPOSITS OF FOR - PROFIT SPECIAL EVENTS: 1. Rental fee: $1500.00 per day 2. Refundable deposit: $500.00 per day SECTION 3. ESTABLISHMENT OF OTHER CONDITIONS 1. Event maker may be required to provide additional waste receptacles, dumpster and portable toilets. 2. Event maker may be required to provide police detail. 3. Overtime staff hours will be billed at $50.00 per hour. Page 1 of 3 184 SECTION 4. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 5. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered, and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 6. EFFECTIVE DATE. The rates and conditions established herein shall take effect on October 1, 2024. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 12024. 2 185 ATTEST: CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: Jeanette Williams, City Clerk Jennifer Cockcroft, Esq., BCS, City Attorney 3 186 CITY OF SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL DATE September 11, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Cynthia Watson, Human Resources Director SEBASTIAN SUBJECT Consideration of Resolution No. R-24-52 Mission Square < E N T E N N I A L C E L E 0 R A T I 0 N Loan Guidelines Agreement 1914.1014 EXECUTIVE SUMMARY Mission Square (ICMARC) handles the City's Retirement Plan for some of our employees. There are two retirement accounts the 457(b) and Roth. The Loan Agreement would permit employees to receive one loan per time period. The accounts that the employee can take a loan on are accounts that are only contributed to by the Employee, not the City. The length of the loan must be repaid in substantially equal installments of principal and interest over a period that does not exceed five (5) years. However, if a Principal Residence Loan the participant will be using the loan to purchase a principal residence, the five (5) year time limit may not apply. Participants can repay a principal residence loan over a period of up to 30 years. (Maximum number of years is 30 years.) We are recommending 30 years if the loan is for a principal residence. If the employee leaves the City's employment, the employee will continue to repay the loan through Mission Square and not through payroll deductions or otherwise have tax implications on the withdrawal. RECOMMENDATION City staff recommends Council approve Resolution R-24-52 and authorize the City Manager to execute all appropriate documentation. ATTACHMENTS: 1. Resolution R-24-52 2. Loan Implementation Packet FUNDING SOURCE No City funds are involved. 187 RESOLUTION NO. R-24-52 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE MISSION SQUARE RETIREMENT PLAN TO PERMIT LOANS; PROVIDING FOR CONFLICTS, SEVERABILITY, SCRIVENER'S ERRORS AND AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has employees rendering valuable services; and WHEREAS, the City of Sebastian has established a retirement plan ("the Plan") for such employees, which serves the interest of the City of Sebastian by enabling it to provide reasonable retirement security for its employees by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Sebastian has determined that permitting participants in the retirement plan to take loans from the Plan will serve these objectives. 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 participants in the retirement plan to take loans from the Plan, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City of Sebastian. SECTION 3. CONFLICTS/SEVERABILITY. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re - Page 1 of 2 188 lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2024. A TTEST. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and Legality: Jeanette Williams, City Clerk Jennifer Cockcroft, Esq., BCS, City Attorney 2 189 457(b) I 401(a) I 403(b) Plan Sponsors RETIREMENT MISNT,nSquare Loan Implementation Package TABLE OF CONTENTS Introduction and Summary Instructions.................................................................................................2 Basic information and instructions for implementing your plan's loan program. Loan Guidelines Agreement Instructions.................................................................................................3 Important information and instructions for completing the Loan Guidelines Agreement LoanGuidelines Agreement.............................................................................................................7 Complete this agreement to establish the guidelines for your plan's loan program. Maximum Loan Amount Worksheet....................................................................................................13 Use this worksheet to calculate the maximum loan amount that a participant is eligible to receive. SuggestedResolution.................................................................................................................14 For use by plans whose governing body requires that a resolution be passed. 457(b) Plan Loan Administration Agreement............................................................................................15 457(b) Plans Only. If you have multiple 457(b) plan providers, you must complete and return this document to MissionSquare Retirement. Loan Amendment — 401(a) Plans Only....................................................................................................16 401(a) Plans Only. If you are amending your existing plan to add a loan program, you must complete and return this document to MissionSquare. Loan Amendment — 403(b) Plans Only....................................................................................................17 403(b) Plans Only. If you are amending your existing plan to add a loan program, you must complete and return this document to MissionSquare. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 1 58298-0822-489 190 457(b) I 401(a) I 403(b) Plan Sponsors RETIREMENT MISNT,nSquare Loan Implementation Package INTRODUCTION AND SUMMARY INSTRUCTIONS FOR 457(b), 401(a), AND 403(b) PLAN SPONSORS Making a loan program available in your retirement plan will provide eligible plan participants with the ability to borrow money from their accounts. As the administrator of your loan program, MissionSquare Retirement will attempt to minimize the amount of resources you need to devote to the program. However, there are administrative and fiduciary responsibilities associated with offering loans which, as a practical matter, cannot be delegated to MissionSquare. Please review all of the information in this packet carefully prior to submitting the applicable forms to implement the loan program in your plan. The below instructions provide you with easy -to -follow steps to implement a loan program in your MissionSquare 457(b) or 401(a) plan. STEP 1: Review the Loan Guidelines Agreement Instructions carefully prior to returning the required forms to implement your plan's loan program. STEP 2: Complete the Loan Guidelines Agreement. STEP 3: Determine whether any formal action is required by your legislative body and/or plan administrative committee to implement a loan program. If formal action is required, you may want to use the suggested resolution in this packet. STEP 4: Complete the following documents (if applicable) • 457(b) Plan Loan Administration Agreement - If you have multiple 457(b) plan providers, you must complete and return this document to MissionSquare. • Loan Amendment [401(a)/403(b) Plans Only] - If you are amending your existing 401(a)/403(b) plan to add loan provisions, you must complete and return this document to MissionSquare. STEP 5: Return copies of the following documents to MissionSquare (please be sure to submit all pages and retain the originals for your records): • Loan Guidelines Agreement • Loan Amendment to the 401(a) Plan Adoption Agreement (if applicable) • 457(b) Plan Loan Administration Agreement (ifapplicable) • Suggested Resolution (if applicable) Fax: MissionSquare Plan Services Mail: MissionSquare Plan Services Online: Submit through secure messaging to: (844) 677-3297 P.O. Box 219320 www.employers.msgplanservices.org Kansas City, MO 64121-9320 STEP 6: Please allow 5-7 business days for MissionSquare to establish your plan's loan program. Please retain original copies of any documents you return to MissionSquare for your records. If you have any questions relating to the adoption process, please contact your MissionSquare PlanServices team at 800-326-7272. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 2 58298-0822-489 191 457(b) I 401(a) I 403(b) Plan Sponsors RETIREMENT MISENT nSgUare Loan Guidelines Agreement Instructions The information in this packet is intended to assist you with implementing a loan program within your MissionSquare Retirement 457(b), 401(a), or 403(b) plan(s). The packet provides an overview of the issues and complexities of establishing and maintaining a loan program under the most common types of retirement plan arrangements. It is not intended to be all inclusive. Special situations and/or solutions not discussed in this document will need to be reviewed on a case -by -case basis. The instructions contain information that will help you understand the decisions you will need to make when you establish your loan program and help you complete the Loan Guidelines Agreement. Please carefully review the information in this section and complete all applicable sections of the Loan Guidelines Agreement. Here are a few of the elections that you will need to make: • Will loans be available for all purposes or only in other purposes designated by you, The Employer? • How many loans will participants be allowed to have outstanding at one time? (up to five) • How long will participants have to repay a loan used to purchase a new primary residence? (up to 30 years) • How will participants repay their loans? (payroll deduction, ACH payments from their bank accounts, or both) In order to offer loans within your retirement plan, the Internal Revenue Code requires that you establish written guidelines that govern the Plan's loan program. You may elect to use the Loan Guidelines Agreement to serve this purpose for your Plan. If you have any questions relating to the process of implementing a loan program, please contact your MissionSquare Plan Services team at 800-326-7272. Section 1: Employer Plan Information Enter the name of your employer plan. Also specify the plan type and your MissionSquare plan number. Section 2: Eligibility & Loan Source Loans are available to all active employees, except those with an existing loan in default. Loan Source — Use this section to specify the sources that will be available for participant loans. Section 3: Loan Purpose Specify whether loans may be taken for (A) All Purposes or (B) Other Purposes (You will be responsible forapproval of all loan requests.). (A) All Purposes (B) Other Purposes Employers have the ability to make their plan(s loan program more restrictive under both of the above options. Section 4: Application Process No action is required in this section. The application process available to participants will vary depending on the option you select in Section III (Loan Purpose). Section 5: Maximum Number of Loans Specify whether participants may have only one (1) or up to five (5) loans outstanding at one time. The option you choose in this section will have a significant impact on the number of loans made from your plan. Regardless of your election, a participant may receive a maximum of one (1) loan per calendar year. Note: If you select Payroll Deduction as a repayment option for your participants in Section VIII, each loan repayment for each pay period must be accounted for separately. As such, repayments of multiple loans area much larger burden on your payroll system (and personnel) than a repayment of a single loan. Section 6: Loan Amount No action is required in this section. The Maximum Loan Amount Worksheet includes instructions you can use to calculate the maximum loan amount for a participant. The loan modeling option on MissionSquare's Account Access website can also be used to calculate a participant's maximum loan amount. Section 7: Length of Loan Loans must be repaid in substantially equal installments of principal and interest over a period that does not exceed five (5) years. However, if the participant will be using the loan to purchase a principal residence, the five (5) year time limit may not apply. In this section of the form, you specify the maximum repayment period for principal residence loans, with 30 years being the maximum term. In determining the maximum repayment period for residential loans, you should be mindful that the loan term may extend beyond the period the participant is employed by you. If you allow employees to continue to pay their loans after they separate from service (see the Acceleration section), repayments would continue by the participant, through you, for the entire term of the loan (e.g., 30 years). Every payroll period, the participant (former employee) will be required to give you a check for the periodic loan repayment amount. You then include this amount with your next contribution submittal to MissionSquare. Loan repayments may not be made directly to MissionSquare by the participant, unless you choose ACH debit as a repayment option in Section VIII. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 3 58298.0822-489 192 Section 8: Loan Repayment Process Specify the repayment method(s) and repayment frequency your plan will use. Repayment Method — You can allow repayments to be made via payroll deduction and/or ACH payments from a participant's bank account. (1) Payroll Deduction —With this option, you will include the loan repayment detail when you remit contribution detail to MissionSquare via the EZLink website. Initiating Payroll Deduction Payroll deduction should begin within two payroll cycles following the date the loan is processed by MissionSquare. Employees using this method must notify the Employer immediately so that repayments will begin as soon as practicable, on a date determined by the Employer's payroll cycle. Failure to begin payroll deduction in a timely manner could lead to the employee's loan entering delinquency status. (2) Automated Clearing House (ACH) — With this option, participants authorize MissionSquare to debit loan repayments directly from the participant's bank account via ACH. This feature frees you of the burden of establishing and monitoring loan repayments via payroll deduction. The ACH repayment options are bi-weekly and monthly. Additional Loan Repayments and Early Pay -Off A participant may pay off all of the principal and interest early without penalty or additional fee. If a loan is paid in full prior to the end of the term of the loan, no further interest will accrue. Please note that no payment date may be "skipped" even if the employee has made a large payment or submitted multiple payments. Section 9: Loan Interest Rate No action is required in this section. It simply describes the interest rate that will be used for participant loans. Section 10: Security/Collateral No action is required in this section. It simply describes the amount that will be used as collateral for participant loans. Section 11: Acceleration Specify whether participants who have separated from service will be able to continue loan repayments until they have withdrawn their entire account balance from the plan, or if outstanding loans will be due and payable at the time participants separate from service. You should consider the options in this section carefully, since your election will impact when outstanding loans become taxable to participants. If a participant does not repay the outstanding loan amount at the time it is due, the loan is "foreclosed," and the outstanding loan amount must be reported by MissionSquare as a taxable distribution in the year of the foreclosure. Given the burdens associated with collecting loan repayments from former employees, you may not wish to maintain a potentially long term "relationship" with former employees (especially in the case of residential loans). Section 12: Reamortization No action is required in this section. It simply provides information related to the reamortization of participant loans. Section 13: Refinance No action is required in this section. It simply provides information related to the refinancing of participant loans. Section 14: Reduction of Loan No action is required in this section. It simply describes how outstanding loans will be handled in the event of a participant's death. Section 15: Deemed Distributions No action is required in this section. However you should familiarize yourself with this information and note that loan repayments must be made in accordance with the plan document, plan loan guidelines, and as reflected in the promissory note signed by the participant. Failure to make loan repayments according to the loan terms will result in the outstanding loan balance being deemed distributed and taxable to the participant. Timing A loan will be deemed distributed when a scheduled payment is still unpaid at the end of the calendar quarter following the calendar quarter in which the payment was due. For example, if a participant does not make a loan payment that was scheduled to be made on February 1, the maximum cure period for the repayment is June 30. If the total amount of all delinquent payments is not received by the end of the cure period, the loan is deemed distributed. Consequences of Deemed Distributed Loans (Employers) Employers who do not ensure proper loan repayment practices in their retirement loan programs risk not only having individual participant loans being deemed distributed, but also potentially jeopardize the tax - favored status of the entire plan. In the extreme, plans with mismanaged loan programs — a high occurrence of deemed distributed loans, and/ or program participants in default, for example — may be disqualified (in the case of 401(a)/403(b) plans) or classified as ineligible (for 457(b) plans) by the IRS. Disqualification results in the loss of tax -deferred status for all contributions and a possible increase in the taxable income for participating employees. It is a plan sponsor's fiduciary obligation to properly manage the retirement plan and its benefits. Mismanagement of a loan program may be considered failure to meet this fiduciary obligation and may expose a plan sponsor to litigation, in addition to being in violation of applicable laws and regulations. Employers, as plan sponsors and fiduciaries, have an obligation to comply with plan document and loan guideline requirements applicable to participant loans. In this regard, loan payments must be made in accordance with the plan document, plan loan guidelines, and as reflected in the promissory note signed by the participant. Employers retain this obligation if there is a loan program associated with their retirement plan, regardless of the provisions governing the loan program. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 4 58298.0822-489 193 Consequences of Deemed Distributed Loans (Participants) The principal balance, in addition to any accrued interest, is reported as a distribution to the IRS. However, the taxable distribution is not the only event in conjunction with a deemed distribution. The following negative consequences occur as a result of deemed distribution. • The deemed distribution is a taxable event. However, it is not an actual distribution and therefore remains an asset of the participant's account. The outstanding loan balance and accrued interest continue to be reported on the participant's account statements. • Repayment of a deemed distribution will not change or reverse the taxable event. • The loan continues to be considered outstanding until it is repaid or "offset" using the participant's account balance. An offset can occur only if the participant is eligible to receive a distribution from the plan as outlined in your plan document. • Participants are required to repay any outstanding deemed distributed loan before they can become eligible for a new loan. The deemed distributed loan and any interest accrued since the date it became a taxable event is taken into account when determining the maximum amount available for a new loan. • A participant who has had a prior deemed distribution must make repayments to a new loan through payroll deduction, or provide proof of adequate security. Section 16: Fees No action is required in this section. It simply provides that fees may be charged for various services associated with the application for and issuance of loans. Participants should review the Annual Service and Fee Disclosure notice(s) for your plan for more information on the applicable fees. Section 17: Signatures Please have an authorized plan representative sign and date this section of the agreement. SPECIAL CIRCUMSTANCES Emergency Withdrawals 1457(b) Plans Only 457(b) Plans: Loans must be coordinated with unforeseeable emergency withdrawals. The emergency withdrawal regulations under Section 457(b) of the Code require that an emergency withdrawal be a resource of the "last resort" If the participant is able to take a loan or refinance a current loan from your MissionSquare 457(b) plan or any other plan you sponsor, the participant has resources available to meet, or partially meet, the financial need. Therefore, a participant will be required to take or refinance a loan before taking an emergency withdrawal. Many emergency withdrawals are not approved because the financial need, while serious, may not meet the conditions itemized in the 457(b) regulations. The ability to take a loan allows participants to have access to money that is not otherwise available. And the repayment process for loans ensures that participants replenish their accounts, thereby preserving their retirement savings. Qualified Joint and Survivor Annuity I Applies to Some 401(a)1403(b) Plans Only If your plan uses the Qualified Joint and Survivor Annuity as the default form of payment, married participants must obtain spousal consent prior to obtaining a loan. The employee's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representative or notary public. Such consent must be received in writing by MissionSquare no more than ninety (90) days before the loan request is submitted through Account Access. In the case of the Direct Loan Application, spousal consent should be sent along with the application. Please be advised, that some states recognize a status, such as a civil union or registered domestic partnership, to carry the same rights and obligations as marriage understate law. Multiple Plans/Providers If you have more than one retirement plan which offers loans, including "co -administered" or "co -provider" plans, MissionSquare will administer your loan program in your plan(s) with MissionSquare, but you will have to perform some loan verification activities. You will need to perform these activities if loans are available to your employees from several like retirement plans, such as two separate qualified plans, or if you have different types of retirement plans (e.g. Section 457(b) deferred compensation, 403(b) and section 401(a) qualified plan). The degree of your involvement will depend on your situation. 1. Multiple Plans The Code sets a maximum on the aggregate of all loans from all retirement plans in which the employee participates. If you offer retirement plans through multiple plan providers, no provider will be able to calculate, by itself, the maximum amount that a participant may borrow at any point in time. Since only you, the employer, can determine the current outstanding loan balance and the highest outstanding loan balance in the past 12 months from all loans from any retirement plans, you will have to calculate the maximum amount that may be borrowed. This will involve obtaining all loan amounts currently outstanding and repaid in the last 12 months. Please refer to the Maximum Loan Amount Worksheet for instructions you can use to calculate the maximum loan amount for a participant. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 5 58298.0822.489 194 Participants are asked to input all outstanding loan balances in their online worksheet so that the program can properly calculate the maximum amount. Participants are on the "honor system" when they enter other loan amounts; MissionSquare is unable to verify any loan amounts associated with plans administered by other providers. However, if there are any outstanding loans in other plans administered by MissionSquare, our online program will take them into account. 2. Single Retirement Plan/Multiple Providers If you have adopted a single retirement plan with one master plan document under which MissionSquare and your other administrator(s) must operate, then you may ultimately have to self-administer your loan program, unless you require: • that the maximum that maybe borrowed from any provider is 50 percent of the balance with that provider and • that the loan must be repaid only to the provider from which the loan was made. 3. Multiple Types of Retirement Plans/Multiple Providers If you make loans available to your employees from all of your retirement plans (e.g. Section 457(b) deferred compensation plan, 403(b) and Section 401(a) qualified plan), no administrator will be able to calculate, by itself, the maximum amount that a participant may borrow at any point in time. This is because the Code sets a maximum on the aggregate of all Loans from all 401(a), 403(b), and 457(b) plans in which the participant participates. Since only you, the employer, can determine the current outstanding loan balance and the highest outstanding loan balance in the past 12 months from all loans from any 401(a), 403(b), or 457(b) plans, you will have to calculate the maximum amount that may be borrowed. This will involve obtaining all loan amounts currently outstanding and repaid in the last 12 months. Please refer to the Maximum Loan Amount Worksheet for instructions you can use to calculate the maximum loan amount fora participant. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 6 58298.0822.489 195 Missi D,-.nSquare loan Guidelines Agreement PAGE 1 OF 6 RETIREMENT • The purpose of this agreement is to establish the terms and conditions under which the Employer will grant loans to participants. You should consider each option carefully before making your selections because your selections will apply to all loans made while the selection is in effect. If you later change any provision, the changes will apply only to loans made after the change is adopted. Loans in existence at the time of any future changes will continue to operate under the guidelines that were in effect at the time the loan was originally made. • Please read the instructions and carefully complete all sections of this agreement. FEI New Loan Program OR ❑ Amendmentto Loan Program o EMPLOYER PLAN INFORMATION Name of Plan (Enter the complete Employer name, including state): The City of Sebastian, Florida Plan Type: 0 457(b) Deferred Compensation Plan ❑ 401(a) Money Purchase Plan ❑ 401(a) Profit -Sharing Plan ❑ 403(b) Retirement Plan MissionSquare Plan Number(s):-302896 © ELIGIBILITY & LOAN SOURCE Loans are available to all active employees, except those with an existing loan in default. 401(a)/403(b) Plans — If your 401(a)/403(b) plan is funded by a combination of Employer and Employee contributions, you must specify whether one or both of the following can be used as a source for participant loans. (Select one orboth options below) ❑ Employer Contribution Account (vested balances only) ❑ Participant Contribution Accounts (pre -and post -tax, if applicable, including Employee Mandatory, Employee Voluntary, Employer Roll -In, and Portable Benefits Accounts, but excluding the Deductible Employee Contribution/Qualified Voluntary Employee Contribution Account) Roth Assets (ifapplicable)— If your 457(b), 403(b), or 401(a)(k) plan allows Roth contributions, a participant's Designated Roth Account balance will be included when calculating the amount a participant is eligible to borrow. However, you must specify whether or not a participant's Designated Roth Account can be used as a source for participant loans. (Selectone option below) ❑ A participant's Designated Roth Account will not be available as a source for loans under the plan (defaultoption) A participant's Designated Roth Account will be available as a source for loans underthe Plan. Note: If Roth assets are available as a source for loans, a loan that is deemed distributed will not satisfy the requirements for a qualified (tax-free) distribution of Roth assets. This may result in participants paying taxes on assets that would otherwise be available tax-free. © LOAN PURPOSE Loans are available for the following purposes and must be requested in the QnicapuiJji9 method (select one): All Purposes — With this option, participants can request a loan for any reason. Participants will be able to request new loans or refinance existing loans using the Online Loans option. Other Purposes — With this option, loans shall only be granted for reasons that are defined and approved by the plan. Participants will be able to request new loans or refinance existing loans using the Online Loans option. Please define purposes below and attach additional pages if needed. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 7 58298.0822-489 196 Missia,-.nSquare RETIREMENT 0 APPLICATION PROCESS Loan Guidelines Agreement PAGE 2 OF 6 The loan application process will vary depending on the option you selected in Section 3 above (Loan Purpose). (A) All Purposes • Participants can request a new loan or to refinance an existing loan using the MissionSquare website at: www.icnarc.org • The participant agrees to the terms of the loan during the online loan request process. • MissionSquare sends the loan documents and the loan proceeds (via check or ACH) to the participant. (B) Other Purposes • Participants can request a new loan or to refinance an existing loan using the MissionSquare website at: www.icmarc.org • The participant agrees to the terms of the loan during the online loan request process. • The Employer must review and approve the loan via EZLink. • If approved, MissionSquare sends the loan documents and the loan proceeds (via check or ACH) to the participant. The loan amount will generally be redeemed from the employee's account on the same day as either MissionSquare receipt of a loan request/application (complete and in good order), if it is submitted prior to market close on a business day. If not, the loan amount will be redeemed on the next business day following submission. The loan proceeds for an all purpose loan is generally issued on the next business day following redemption, and will be sent to the participant based on their option during the loan application process. © MAXIMUM NUMBER OF LOANS (SELECTONE) Participants may receive one loan per time period defined in the plan document (e.g., calender or plan year). Please specify whether participants may have only one (1) or up to five (5) loans outstanding at one time. Maximum number of loans is one (1) by default. If you want to allow a different amount, enter a value of 1 through 5 in the Other Section. *■ One (1). Participants may have only one (1) outstanding loan at a time (default). F Other. Participants may have up to (enter2, 3, 4, or5) loans outstanding atone time. ❑ Other 403(b) ONLY. Participants with outstanding legacy loans may have one outstanding loan other than the legacy loans. 0 LOAN AMOUNT Maximum: The maximum amount of all loans to a participant from the Plan and all other plans of the Employer that are either eligible deferred compensation plans described in section 457(b)(b) of the Code or qualified employer plans under Section 72(p)(4) of the Code (e.g., 401(a)/403(b) plans) shall not exceed the lesser of: (1) $50,000, or (2) One-half of the value of the Participant's interest in all of his or her Accounts under this Plan. When calculating the maximum amount a participant is eligible to borrow from his/her account, the lesser value of (1) or (2) above must be reduced by the participant's highest outstanding loan balance over the past 12 months. Minimum: The minimum loan amount is $1,000. A loan cannot be issued for more than the maximum amount. The participant's requested loan amount is subject to downward adjustment without notice due to market fluctuation between the time of application and the time the loan is issued. Loan amounts will be taken pro-rata from all of a participant's investments. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 8 58298.0822-489 197 Missi D,-.nSquare loan Guidelines Agreement PAGE 3 OF 6 RETIREMENT 0 LENGTH OF LOAN Loans must be repaid in substantially equal installments of principal and interest over a period that does not exceed five (5) years. Principal Residence Loans If the participant will be using the loan to purchase a principal residence, the five (5) year time limit may not apply. Participants can repay a principal residence loan over a period of up to 30 years. Please specify the maximum repayment period for principal residence loans from your plan below. Maximum repayment period for principal residence loans = 30 (Entera numberof years, up to 30) 0 LOAN REPAYMENT PROCESS Specify the repayment method(s) and repayment frequency your plan will use. Note that loan amounts plus interest, minus applicable fees paid to MissionSquare, are repaid to participant accounts and not to MissionSquare. You can allow repayments to be made via payroll deduction or ACH payments from a participant's bank account. Loan repayments must be made at least monthly [457(b)] or quarterly [401(a)/403(b)]. Repayment Method (Select One): For 457(b) and 401(a) or (k) plans: ❑■ ACH OR ❑ Payroll Deduction 403(b) plans loan repayments can only be paid by ACH.* *ACH Payment Rejected Fee — If a loan repayment scheduled to be paid via ACH debit is rejected due to insufficient funds, invalid bank account information, or account closure, a fee will be charged to the participant's account. The fee is $20 for the first occurrence and $50 for each subsequent occurrence. Repayment Frequency: For Payroll Deduction: Repayments through payroll deduction will be sent via check, wire or ACH debit by the Employerto MissionSquare on the following cycle (Select One): ❑ Weekly (52 peryear) ❑ Bi-weekly (26 peryear) ❑ Semi-monthly (24 peryear) ❑ Monthly (12 peryear) ❑ Quarterly (4 peryear) —Available to 40l(a) only. For ACH (Select One): 0 Monthly (12 peryear) ❑ Bi-weekly (26 peryear) Next two payroll dates: mmIDDwvvv 09/27/2024 and MulDolm 10/11 /2024 Initiating Repayments: ACH debits from the employee's designated bank account will begin approximately one month following the date the loan is processed by MissionSquare. Payroll deduction should begin within two payroll cycles following the date the loan is processed by MissionSquare. Employees using this method must notify the Employer immediately so that repayments will begin as soon as practicable, on a date determined by the Employer's payroll cycle. Failure to begin payroll deduction in a timely manner could lead to the employee's loan entering delinquency status. Investment of Loan Repayments: All loan repayments are invested according to the instructions the participant has on file for the investment of contributions to his/her account. Additional Loan Repayments and Early Pay -Off: A participant may pay off all of the principal and interest early without penalty or additional fee. If a loan is paid in full prior to the end of the term of the loan, no further interest will accrue. Please note that no payment date may be "skipped" even if the employee has made a large payment or submitted multiple payments. Loans in Default: Participants using the ACH repayment option may default on their loans for lack of repayment more frequently than those using the payroll deduction method. For this reason, you may choose to require that certain participants use the payroll deduction repayment method. Multiple Loans: If a participant has multiple loans outstanding from the plan, each loan repayment must be separately reported to MissionSquare. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 9 58298.0822-489 198 Missi D,-.nSquare loan Guidelines Agreement PAGE 4 OF 6 RETIREMENT 0 LOAN REPAYMENT PROCESS (CONTINUED) Former Employees and Leave of Absence: Former employees and employees on a leave of absence must repay their loans on the same schedule that would have applied had they continued employment. Your plan may allow terminated employees to continue to repay their loans either through ACH, or by giving/sending you a check each repayment period (see the Acceleration section). If you allow terminated employees to repay loans by giving/sending you a check, you will include the repayment amounts in your next regular employee contribution remittance to MissionSquare. In certain situations, employers may suspend loan repayments for a period of time for employees on a leave of absence or military leave. Please referto Treasury Regulation section 1.72(p)-1, Q&A-9 for more information. Repayments Must Continue: In implementing a loan program you should be aware that some employers have had to contend with the inability of some participants to repay their loan(s). You should be aware that you may not stop taking loan repayments from the employee's paycheck — even if the employee asks that repayments be stopped. Failure to payroll -deduct loan repayments on schedule could both jeopardize the eligibility or qualification of the entire plan as well as create a taxable event for the participant. Likewise, if an employee is repaying the loan through ACH debit of his/her bank account, and the employee fails to make payments, this could jeopardize the eligibility of your retirement plan. Employers are ultimately responsible for ensuring that loans are repaid according to the loan terms. MissionSquare will notify both you and the employee if a payment has not been received. 0 LOAN INTEREST RATE The loan interest rate is set for all loans at the prime rate plus 0.5%. The interest rate for new loans will change when the prime rate changes. When a new loan is approved, the interest rate is locked in and remains constant throughout the life of the loan. m SECURITY/COLLATERAL At the time a loan is taken, 50 percent of the participant's account balance or the amount of the loan, whichever is less, will be used as collateral for the loan. m ACCELERATION (SELECT ONE) Please specify whether participants who have separated from service will be able to continue Loan repayments until they have withdrawn their entire account balance from the plan, or if outstanding loans will be due and payable at the time the participant separates from service. All outstanding loans shall be due and payable by a participant upon: ❑ Separation from service. All loan Wpdyrtlents must stop following an employee separating from service. ❑■ Distribution of his/her entire account balance. mployees can continue making loan repayments until they have withdrawn their entire account balance. Outstanding loan balances that are not repaid will be reported as distributions to the participant. See the Deemed Distributions section for additional information. 10 MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 58298.0822.489 199 MissiD,-.nSquare RETIREMENT ® REAMORTIZATION Loan Guidelines Agreement PAGE 5 OF 6 Ream ortization changes the terms of an outstanding loan (e.g., repayment period, interest rate, frequency of repayments). Any outstanding loan may be reamortized. Reamortization cannot extend the repayment period beyond five (5) years from the date the loan was originally issued. Or, in the case of Principal Residence Loans, beyond (the numberofyears specified in Section 7) years from the date the loan was originally issued. Participants can use a loan reamortization form to request that an outstanding loan be reamortized. Upon processing the request, a new disclosure statement will be sent to the employer for endorsement by the participant and approval by the employer. The executed disclosure statement must be returned to the plan administrator within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the original promissory note; therefore a new promissory note will not be required. Note: A loan reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or the one loan per calendar year limit. ® REFINANCE Refinancing involves a new loan replacing an employee's outstanding loan. The refinanced loan must be repaid over a period that does not exceed five (5) years from the date when the original loan was issued. Actively employed participants may elect to refinance an outstanding loan for an additional amount, subject to the loan amount limitations outlined in Section 6, provided that the participant has not yet taken out a loan during the calendar year. Participants no longer employed are not eligible to refinance an existing loan. Note: Principal residence loans are not eligible for refinance. m REDUCTION OF LOAN If a participant dies prior to full repayment of the outstanding loan(s), the outstanding loan balance(s) will be deducted from the account prior to distribution to the beneficiary(ies). The unpaid loan amount is a taxable distribution and may be subject to early withdrawal penalties. The participant's estate is responsible for taxes and penalties on the unpaid loan amount, if any. A beneficiary is responsible for taxes due on the amount he or she receives. A Form 1099 will be issued to both the beneficiary and the estate for tax reporting purposes. ® DEEMED DISTRIBUTIONS A loan will be deemed distributed when a scheduled payment is still unpaid at the end of the calendar quarter following the calendar quarter in which the payment was due. When a loan is deemed distributed, the principal balance and any accrued interest is reported to the IRS as a taxable distribution. However, since the participant received the loan amount previously, no money is actually paid to the participant as part of a deemed distribution. The loan is deemed distributed for tax purposes, but it is not an actual distribution and therefore remains an asset of the participant's account. Interest continues to accrue. The outstanding loan balance and accrued interest are reported on the participant's account statements. Repayment of a deemed distribution will not change or reverse the taxable event. The loan continues to be outstanding, and to accrue interest, until it is repaid or offset using the participant's account balance. An offset can occur only if the participant is eligible to receive a distribution from the plan as outlined in the plan document. Participants are required to repay any outstanding loan which has been deemed distributed before thev can be eliaible for a new loan. The deemed distribution and anv interest accrued since the date it became a taxable event is taken into account when determining the maximum amount available for a new loan. New loans must be repaid through payroll deduction. Important Note: The employer is obligated by federal regulation to comply with the loan guideline requirements applicable to participant loans, and to ensure against deemed distribution by monitoring loan repayments, regardless of the method of repayment, and by advising employees if loans are in danger of being deemed distributed. The tax -qualified status or eligibility of the entire plan may be revoked in cases of frequent repayment delinquency or deemed distribution. To assist plan sponsors whose plan options include loans, MissionSquare will provide reports of participants with payments delinquent by 30 to 89 days, 90 or more days but not yet deemed, and those whose loans have been deemed distributed. MissionSquare is committed to supporting employers who request assistance with their loan programs in order to reduce the number of delinquent loans and decrease the occurrence of deemed distributions. MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 11 58298.0822.489 200 Missis:;,nSquare Loan Guidelines Agreement PAGE60F6 RETIREMENT M FEES Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be debited from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment of principal and interest to the participant's account. m SIGNATURES The Employer has the right to set other terms and conditions as it deems necessary for loans from the plan in order to comply with any legal requirements. Employer certifies that all terms and conditions will be administered in a uniform and non-discriminatory manner. In Witness Whereof, the employer hereby caused these Guidelines to be executed this (Day of the Month) day of (Month) 20 (Year). EMPLOYER By: Title: Attest: MissionSquarePlan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 12 58298-0822-489 201 Missis:;,nSquare Maximum loan Amount Worksheet RETIREMENT The Maximum Loan Amount is automatically calculated for you when applying online via Account Access. The maximum amount a participant can borrow from his or her account is $50,000 or 50% of the account balance, whichever is less. However, the amount must be reduced by a participant's highest outstanding loan balance over the past 12 months (which, obviously, only impacts participants who have previously taken a loan from a 457(b), 401(a) qualified, or 403(b) plan). The minimum amount a participant can borrow is $1,000. EXAMPLE 1 Michael has never taken a loan from his account before and his 457 plan account balance at the close of business yesterday was $84,000. To calculate the maximum loan amount he is eligible to receive, we need to determine if 50% of his account balance ($84,000 x 50% = $42,000) is greater than or less than $50,000. In this case, 50% of his account balance is less than $50,000, so the maximum loan amount Michael is eligible to receive is $42,000 (the lesser of the two amounts). EXAMPLE 2 Kathy has never taken a loan from her account before and her 401 plan account balance at the close of business yesterday was $240,000. In this case, 50% of Kathy's balance ($240,000 x 50% = $120,000) is greater than $50,000, so the maximum loan amount Kathy is eligible to receive is $50,000 (the lesser of the two amounts). EXAMPLE 3 Pam took a $15,000 loan from her account eight months ago (in the previous calendar year) and her 457 plan account balance at the close of business yesterday was $130,000. In this case, 50% of Pam's balance ($130,000 x 50% = $65,000) is greater than $50,000, but that amount must also be reduced by her highest outstanding loan balance over the past 12 months, so the maximum loan amount Pam is eligible to receive is $35,000. ($50,000 - $15,000 = $35,000) Maximum Loan Amount Worksheet WORKSHEET TEMPLATE 1) Enter 50% of your total plan account balance. 2) Enter the answer to #1 or $50,000, whichever is less. 3) Enter your highest outstanding loan balance over the past 12 months (from all of your plans combined), if applicable. 4) Subtract #3 from #2 and you have the maximum amount you are eligible to receive as a new loan or loan refinance. EXAMPLE (using numbers from Example 3 above) 1) K 1) $65,000 2) $ 2) $50,000 3) — $ 3) —$15,000 4) (maximum loan amount) MissionSquarePlan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 4) $35,000 13 58298-0822-489 202 Missis,:tnSquare Suggested Resolution for a Legislative Body Relating RETIREMENT to Amending a Retirement Plan to Permit Loans 401(a) Money Purchase Plan # 10 401(a) Profit -Sharing Plan # 10 457(b) Deferred Compensation Plan # 30 302896 403(b) Retirement Plan # 40 Name of Employer: The City of Sebastian State: FL Resolution of the above named Employer ("Employer") WHEREAS, the Employer has employees rendering valuable services,- and WHEREAS, the Employer has established a retirement plan (the "Plan") for such employees which serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that permitting participants in the retirement plan to take loans from the Plan will serve these objectives; NOW THEREFORE BE IT RESOLVED that the Plan will permit loans. Jeanette Williams , Clerk of the (City, County, etc.) of Sebastian do hereby certify that the foregoing resolution, proposed by (Council Member, Trustee, etc.) was duly passed and adopted in the (Council, Board, etc.) of the (City, County, etc.) of at a regular meeting thereof assembled this day of 20 , by the following vote: AYES NAYS: ABSENT: Clerk of the (City, County, etc.): Return copies of all completed documents to MissionSquare. Fax: MissionSquare Plan Services Mail: MissionSquare Plan Services (844) 677-3297 P.O. Box 219320 Kansas City, MO 64121-9320 Online: Submit through secure messaging to: www.employers.msgplanservices.org MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 14 58298-0822-489 203 Missi D,-.nSquare 457(b) Plan Loan Administration Agreement RETIREMENT This Agreement is not required if you have 1) only one 457(b) plan provider or 2) more than one plan provider each with its own plan document and provisions unique to each provider. The Agreement only applies if you have adopted a single 457(b) plan document under which MissionSquare Retirement and one or more other provider(s) must operate. Please refer to the Multiple Plans/Providers section of the Loan Guidelines Agreement Instructions for more details. This Agreement shall serve as an Addendum to the Loan Guidelines established by the Employer identified below and as an Addendum to the Administrative Services Agreement (ASA) made by and between the MissionSquare Retirement (MissionSquare) and the Employer. The Employer currently sponsors a section 457(b) deferred compensation plan administered by two or more providers (co -provider plan). In order to ensure the efficient administration of the loan program established by the Employer, the Employer hereby agrees and declares that (1) For purposes of issuing loans from the plan, that portion of the plan's assets administered by MissionSquare will be treated as though it were a separate and distinct plan. (2) The Employer shall calculate the amount a participant may borrow from the MissionSquare administered portion of the plan. No loan amount may exceed the lesser of (a) the maximum loan amount specified in Internal Revenue Code section 72(p)(2)(A) or (b) 50% of the participant's MissionSquare-administered account balance. (3) All loan repayments must be made to the participant's MissionSquare-administered account for the life of the loan. AGREED as of the Name of Employer: Employer Plan Number: 30 Authorized Official (Print Name): Signature of Authorized Official: Return all completed documents to MissionSquare. day of 20 Fax: MissionSquare Plan Services Mail MissionSquare Plan Services Online: Submit through secure messaging to: (844) 677-3297 P.O. Box 219320 www.employers.msgplanservices.org Kansas City, MO 64121-9320 MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 State: 15 58298.0822.489 204 MISSIs;;,nSquare Loan Amendment - 401(a) Plans Only RETIREMENT MISSIONSQUARE RETIREMENT GOVERNMENTAL 401(a) PLAN & TRUST AMENDMENT TO ADD LOANS I. Name of Employer• State: II. MissionSquare Plan # 10 III. Loans are permitted under the plan, as provided in Article XIII of the Adoption Agreement and in the executed Loan Guidelines Agreement. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this EMPLOYER By: Title: Attest: day of Return all completed documents to MissionSquare. Fax: MissionSquare Plan Services Mail: MissionSquare Plan Services (844) 677-3297 P.O. Box 219320 Kansas City, MO 64121-9320 ,20 Online: Submit through secure messaging to: www.employers.msgplanservices.org MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 16 58298-0822-489 205 MISSIs;;,nSquare Loan Amendment - 403(b) Plans Only RETIREMENT NATIONAL BENEFITS SERVICES NOWERISA 403(b) VOLUME SUBMITTER PLAN 403(b) AMENDMENT TO ADD LOANS I. Name of Employer- State: II. MissionSquare Plan # 40 III. Loans are permitted under the plan, as provided in Article VII of the NBS Adoption Agreement and in the executed MissionSquare Loan Guidelines Agreement. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this EMPLOYER By: Title: Attest: day of Return all completed documents to MissionSquare. Fax: MissionSquare Plan Services Mail: MissionSquare Plan Services (844) 677-3297 P.O. Box 219320 Kansas City, MO 64121-9320 ,20 Online: Submit through secure messaging to: www.employers.msgplanservices.org MissionSquare Plan Services P.O. Box219320 Kansas City, MO64121-9320 (800)326-7272 www.missionsq.org Fax(844)677-3297 17 58298-0822-489 206 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 11, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jennifer Cockcroft, City Attorney SUBJECT Discussion/Direction on Code Enforcement Special Magistrate/Code Board EXECUTIVE SUMMARY On July 10, 2024, the City Council gave direction to the City Attorney to bring back an item for discussion and direction regarding the services of the Special Magistrate. Currently the Special Magistrate hears code enforcement cases once a month. The contract is ten years old as of this year. The City Attorney did discuss this matter with the Special Magistrate (Kelly Armitage, Esq.) and he has agreed to continue his services to the City under the end of 2024 pending the City Council determination on this matter. At the prior meeting, a brief discussion was held as to this matter. It was the consensus of Council to bring it back for a determination on whether to continue with using a Special Magistrate or return to the use of a Code Enforcement Board. If the Council wishes to continue using a Special Magistrate, the City Attorney will solicit services through solicitation and/or advertisement. If the Council wishes to reestablish a Code Enforcement Board, the City Attorney will bring back Ordinances before the Council to amend the City Code regarding same. The Ordinances would need to establish the hearings board as well as the method for appeals to the City Council on lien reductions and certain matters relating to fire alarm false alarm fees. RECOMMENDATION Provide direction to the City Attorney on whether to solicit services for the Special Magistrate contract or to amend the Code to eliminate the Special Magistrate and reestablish a Code Enforcement Board. ATTACHMENTS: 1. Special Magistrate Contract 2. July 10, 2024 City Council Minutes FUNDING SOURCE: Expenditure required: $0 Amount Budgeted: n/a Funding source: n/a Additional Funds Needed: $ 0.00 207 AGREEMENT FOR SPECIAL MAGISTRATE FOR CODE ENFORCEMENT THIS AGREEMENT made and entered into this day 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. II 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 The City will compensate Mr. Armitage at an hourly rate of One Hundred Fifty Dollars ($150.00) for theconduct 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. KIN 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. Vill. 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 209 With Copy to: To Special Magistrate: City of Sebastian Attention: City Manager 1225 Main Street Sebastian, FL 32958 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 A�'- )X��Y Bob McPartlan, Mayor ATTEST: KIV Sally A. Maio, C City Clerk Kelley H. Arryfi age, Esq. 4[17 SEBASTIAN CENTENNIAL (1116RATION 611.411 SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT HEARING WEDNESDAY, JULY 10, 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 6:05 p.m. 2. Pastor David Daniel from the Sebastian Church of God gave the invocation. 3. Council Member Jones led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon (via Zoom) Council Member Fred Jones Council Member Bob McPartlan (via Zoom) Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Building Director/Fire Marshal Wayne Eseltine Community Development Director Alix Bernard Community Development Manager Dorri Bosworth City Engineer/Special Projects Director Karen Miller Parks and Recreation Director Richard Blankenship Contracts/Procurement Manager Jessica Graham Public Works Director Lee Plourde Airport Manager Jeff Sabo Human Resources Director Cindy Watson Golf Pro Greg Gardner MIS Manager Barbara Brooke -Reese Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS There was no objection to the City Manager's request to continue Item #8B until August 28''. The rest of the agenda was accepted by acclamation. 211 Regular City Council & BOA Minutes July 10, 2024 Page 2 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 24.133 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 Mayor Dodd read the proclamation. The Environmental Technician invited the public to join the cleanup scheduled for July 27`i'. 24.134 B. Proclamation — Parks and Recreation Month — July 2024 — Accepted by Parks and Recreation Director Richard Blankenship and Members of the Parks and Recreation Board Mayor Dodd read and presented the proclamation to members of the Parks and Recreation Advisory 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 1 Council Member Jones read the upcoming events. 7. PUBLIC INPUT — None 8. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:16 p.m. A. MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve the May 8, 2024, Board of Adjustment minutes passed with a unanimous voice vote of 5-0. 24.135 B Variance Reauest — En2lert/Cotton —168 Harris Drive — Accessory Structure Size and Aesthetic (Transmittal} This item will be continued until the August 28 Board of Adjustment meeting. 9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:17 p.m. All members were present. 10. CONSENT AGENDA A. Approval of Minutes — June 12, 2024 Regular Meeting 212 Regular City Council & BOA Minutes July 10, 2024 Page 3 24.030 B. Selection of Anser Advisory Consulting, LLC for CDBG Grant Administration Services (Transmittal, Intent to Award, Bid Tab) 24.136 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. 24.075 D. Approve CSA #4 for CoastalWide, LLC for Swing Bench Park Shoreline Restoration and Stabilization (Transmittal RFQ) 24.137 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) 24.138 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) 24.139 G. Alcohol Beverage Approval — Reichert Family (Transmittal, Application, Receipt) 24.140 H. Alcohol Beverage Approval — Robinson Family (Transmittal, Application, Receipt) 24.141 I. Alcohol Beverage Approval — Hale Family (Transmittal, Application, Receipt) MOTION by Vice Mayor Dixon and SECOND by Council Member McPartlan to approve Consent Agenda Items A -I. 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 11. COMMITTEE REPORTS & APPOINTMENTS 213 Regular City Council & BOA Minutes July 10, 2024 Page 4 24.142 A. Parks and Recreation Advisory Committee Report to Council Chair Vicki Drumheller recognized the valuable contributions that John Danise, who recently retired, and Robert Allen, who left to serve on another board, made to the committee. She said everyone has done a wonderful job in receiving input from the citizens who attend the parks that each member monitors. She also reported that as the equipment is replaced in the various parks, they have been incorporating equipment that is handicapped accessible. She said given the popularity of pickleball, she asked Council to keep that sport in the forefront. She said the committee would like a process to memorialize their loved ones with benches or bricks throughout the City. She also suggested that some mangrove education be developed to help the elderly citizens who like to sit facing the riverfront understand why the mangroves can't be trimmed back. (See attached PPT presentation) Council Member Nunn noted that in Kansas City they have pickleball bars where people can play, eat and drink during their games. The Parks and Recreation Director introduced the two newest board members, Daniel Abrahao and Paul Halleran. 12. PUBLIC HEARINGS 24.143 A. Ordinance No. 0-24-13 — First Reading and Public Hearing — Request for Small Scale Comprehensive Plan Future Land Man Amendment — City of Sebastian — CG (Commercial General) to INST (Institutional) (Transmittal, 0-24-13, Staff Report, ADDlication, 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. The City Attorney read the title to Ordinance No. 0-24-13 and Mayor Dodd opened the public hearing at 6:27 p.m. The Community Development Director said the request is for a future land use amendment from general commercial to institutional for this small parcel of land. There was no public input. 214 Regular City Council & BOA Minutes July 10, 2024 Page 5 MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Ordinance No. 0-24-13. 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 24.143 B. Ordinance No. 0-24-14 — First Reading and Ouasi-Judicial Public Hearing — Reauest 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. The City Attorney read the title of Ordinance No. 0-24-14 and Mayor Dodd opened the public hearing at 6:32 p.m. The Community Development Director said this was to change the zoning to commercial general for the same parcel mentioned in the land use ordinance. Mayor Dodd noted they didn't establish a date for the second reading for the land use ordinance therefore he closed discussion on the rezoning to revisit the land use. MOTION by Council Member Nunn and SECOND by Council Member Jones to establish the second reading date of Ordinance No. 0-24-13 to July 24, 2024 which passed with a unanimous voice vote of 5-0. He reopened the discussion on 0-24-24. There was no public input. MOTION by Council Member Jones and SECOND by Council Member Nunn to approve 0-24-14 and set the second reading for July 24, 2024. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 215 Regular City Council & BOA Minutes July 10, 2024 Page 6 24.143 C. Ordinance No. 0-24-15 - First Reading and Public Hearing - Request for Small Scale Comprehensive Plan Future Land MaD Amendment - Schumann Road Indian River, LLC - INST (Institutional) to CG (Commercial General) (Transmittal, 0- 24-15. Staff ReDort, ADBlication, 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. The City Attorney read the title to Ordinance No. 0-24-15 and Mayor Dodd opened the public hearing at 6:32 p.m. The Community Development Director said this was to change the future land use map from institutional to commercial general. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve Ordinance No. 0-24-15. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 24.143 D. Ordinance No. 0-24-16 - First Reading and Ouasi-Judicial Public Hearing - Reauest 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. The City Attorney read the title to Ordinance No. 0-24-16 and Mayor Dodd opened the public hearing at 6:34 p.m. 216 Regular City Council & BOA Minutes July 10, 2024 Page 7 The Community Development Director said this was a rezoning request to change the property from public service to commercial general. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve Ordinance No. 0-24-16. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 24.144 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 Citv Manager to Execute All Appropriate Documents (Transmittal, Agreements. Ouote, Announcement) The City Manager said this was a migration from our existing software to an updated version and he requested approval. The MIS Director said staff was looking to make sure the system was in compliance and secure for the planned future installation of the CAD software. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the migration and renewal costs for the CAD/RMS software and authorize the City Manager to execute all appropriate documents. There was no public input. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 24.122 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 Citv Manager or Designee to Execute all Appropriate Documents (Transmittal, R-24-33) 217 Regular City Council & BOA Minutes July 10, 2024 Page 8 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. The City Attorney read the title of Resolution No. R-24-33. The City Engineer said that staff intends to apply for a water quality grant to help residents convert to the sewer utility. He noted that with the new FDEP regulations, staff believes more residents will be interested in converting their septic systems. It was the consensus of Council to have the City Manager send communication to the Indian River County Commission and their staff to waive part of the impact fees for the residents that will use this grant. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Resolution No. R-24-33. There was no public input. 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 24.145 C. Approve the Purchase Orders for Palm Bav Concrete, Asphalt Paving Svstems, and Shenandoah General Construction for Construction/Repairs of Collier Creek South Easv Street Roadwav Between S. Wimbrow Drive and Chello Avenue in the Amount of $190.984.40 and Authorize the Citv Manager to Execute the Agreement (Transmittal. Proposals. Location, Proposal. Sketch. Estimate, Site Conditions, Estimates) The City Manager said this was to repair some roadway destabilization along South Easy Street in the wing walls and he asked for approval. There was no public input. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to 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. 218 Regular City Council & BOA Minutes July 10, 2024 Page 9 The Public Works Director advised that this approval would cover the repaving, removal of the wing wall, installing guardrails for safety and resurfacing the existing sidewalk. The City Manager added that the homeowners wouldn't be allowed to replace the irrigation in their easements as it was the source of some of the problems. There was no public input. 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 24.088 D. Approve the Purchase Orders for Palm Bav Concrete & Materials and A. Thomas Construction Not to Exceed the Cumulative Amount of $252,000 for FY2024 Drivewav Culvert Work in Prevaration for Roadwav Rehabilitation and Authorize the Citv Manager or Designee to Execute the Purchase Order (Transmittal, Contract, 2024 Replacement List, Contract, Renewal) The Public Works Director said staff has identified 126 driveways that need to be replaced; they have assigned 63 per contractor who can begin July 150'. The City Manager added this was the beginning of the FY 2024 repaving program. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve the purchase orders to Palm Bay Concrete & Materials and A. Thomas Construction for the driveway culvert work. There was no public input. 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 24.146 E. Award ITB 24-09 to Johnson -Davis Incomorated for Riviera Avenue and Gardenia Street Drainage Improvements and Authorize the Citv Manager to Execute the Agreement (Transmittal. Intent to Award, Bid Tab) The Procurement Manager said she received four bids in response to the invitation to bid and recommended that the City move forward with Johnson -Davis Incorporated to replace the drainage pipes. The City Engineer said the erosion has moved beyond the City's property and into the homeowner's property whereby the City has secured hold harmless agreements from all but nine of the property owners. She said staff is planning a public meeting with those residents to let them know that construction won't begin until the City receives the agreements. The Procurement Manager said normally the contractor would have to hold the price but if it takes a while to receive the agreements, there would have to be an open dialogue. 219 Regular City Council & BOA Minutes July 10, 2024 Page 10 MOTION by Council Member Jones and SECOND by Council Member Nunn to award the drainage improvements for Riviera Avenue and Gardenia Street to Johnson -Davis Incorporated. There was no public input. 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 24.147 F. Outside Legal Services. Aooroval of Amendment of Agreement with Andrew Mai, Eso. (Transmittal. Contracts) The City Attorney said this was a request to execute an amendment with the existing agreement with Andrew Mai to provide that he would back up Ms. Cockcroft when she is unavailable or has a legal conflict with the City's business. She said she would be the point person to activate the services of Mr. Mai. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the amendment to Andrew Mai's contract. There was no public input. 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 Special Magistrate Contract The City Attorney advised that the current Special Magistrate contract is ten years old and has not been amended in that time. The Council has the option to determine if they want to continue under that contract or look into other options, such as a new Special Magistrate which could be obtained through legal avenues. She advised that these services are not subject to public procurement guidelines. Discussion followed regarding the current Magistrate and how hearings have been handled since switching from the Code Enforcement Board. She suggested to allow Mr. Armitage to serve until the end of the year to complete a couple of pending items if Council desires to go in a different direction. She also advised that they could also go back to having a Code Enforcement Board. Discussion followed on the pros and cons of each suggestion. A consensus was determined by Mayor Dodd, Council Member Nunn and Council Member McPartlan said they were interested in receiving more information on implementing the old Code Enforcement Board and no longer using a Special Magistrate at the August 28t' Council meeting. 220 Regular City Council & BOA Minutes July 10, 2024 Page 11 24.148 G. Resolution No. R-24-30 — Proposed Resolution Amending the Parking -in -Lieu Fee OriP-inally 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. The Community Development Director said this fee was established in 2010 to give businesses a way to provide more parking for their operations. Mayor Dodd noted that in 2010 there were many more "space" openings available but now only "on street" parking is available which are filled with trucks and boat trailers on the weekends. Discussion followed that the number of $17,500 is too low but on the same hand, that may be cost prohibitive for some of the small businesses. Mayor Dodd suggested they take a look as to whether they are adequately assessing parking requirements based on business types. He said if they were to pave the overflow parking lot to make 75 spaces, the cost would be about $10,000415,000 a space since we already own the land. He said they shouldn't subsidize a business by providing those spaces to a new business. MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to move approval of Resolution No. R-24-30. Council Member Jones asked if the number could be set lower. Mayor Dodd WITHDREW his MOTION and Vice Mayor Dixon WITHDREW her SECOND. MOTION by Council Member = and SECOND by Council Member Jones to approve Resolution No. R-24-30 with a modified amount of $10,000 per space. Vice Mayor Dixon suggested they use the lower amount suggested by Kris Shane of Asphalt Paving Systems (agenda backup page 221) so that the City isn't paying for the spaces that aren't really available. Council Member Jones called the question. Roll call: Council Member Jones - aye Council Member McPartlan - nay Council Member Nunn - aye Mayor Dodd - nay Vice Mayor Dixon - nay Motion failed. 3-2 MOTION by Vice Mayor Dixon and SECOND by Mayor Dodd to approve Resolution No. R-24-30 with the amount of $15,000 per parking space. 221 Regular City Council & BOA Minutes July 10, 2024 Page 11 24.148 G. Resolution No. R-24-30 — Proposed Resolution Amending the Parkins -in -Lieu Fee Orisinally Established in Seotember 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. The Community Development Director said this fee was established in 2010 to give businesses a way to provide more parking for their operations. Mayor Dodd noted that in 2010 there were many more "space" openings available but now only "on street" parking is available which are filled with trucks and boat trailers on the weekends. Discussion followed that the number of $17,500 is too low but on the same hand, that may be cost prohibitive for some of the small businesses. Mayor Dodd suggested they take a look as to whether they are adequately assessing parking requirements based on business types. He said if they were to pave the overflow parking lot to make 75 spaces, the cost would be about $10,000415,000 a space since we already own the land. He said they shouldn't subsidize a business by providing those spaces to a new business. MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to move approval of Resolution No. R-24-30. Council Member Jones asked if the number could be set lower. Mayor Dodd WITHDREW his MOTION and Vice Mayor Dixon WITHDREW her SECOND. Nunn MOTION by Council Member 4yag and SECOND by Council Member Jones to approve Resolution No. R-24-30 with a modified amount of $10,000 per space. Vice Mayor Dixon suggested they use the lower amount suggested by Kris Shane of Asphalt Paving Systems (agenda backup page 221) so that the City isn't paying for the spaces that aren't really available. Council Member Jones called the question. Roll call: Council Member Jones - aye Council Member McPartlan - nay Council Member Nunn - aye Mayor Dodd - nay Vice Mayor Dixon - nay Motion failed. 3-2 MOTION by Vice Mayor Dixon and SECOND by Mayor Dodd to approve Resolution No. R-24-30 with the amount of $15,000 per parking space. 222 Regular City Council & BOA Minutes July 10, 2024 Page 12 Roll call: Council Member McPartlan - nay Council Member Nunn - nay Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - nay Motion failed. 3-2 MOTION by Mayor Dodd and SECOND by Council Member Nunn to continue this item until the next meeting to give Council and staff an opportunity to think more about it. The City Manager said this was not presented to the business community; staff only sought the construction cost of a parking space. He offered to go back to research additional information such as the cost for patterned pavers. MOTION by Mayor Dodd and SECOND by Council Member Nunn to continue this item until August and have staff bring back a resolution terminating the Parking in Lieu of Fund because in reality, they don't have any spaces to sell. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - nay Council Member McPartlan - nay Motion carried. 3-2 15. CITY ATTORNEY MATTERS The City Attorney thanked Council for allowing her to have Mr. Mai substitute for her; noting he will be at the next Council meeting. She reported that she has provided Ethics training on the Sunshine Law to the Budget Advisory Board and the Natural Resources Board; she plans to train the Planning and Zoning Commission in July and the Parks and Recreation Advisory Board in August. 16. CITY MANAGER MATTERS The City Manager said he has received notice that the City has been approved to be a POW - MIA City and we will be receiving a proclamation and plaque. He also announced the community's Strategic Plan Workshop is scheduled for August 22°d at 3:00 and 6:00 p.m. 223 Regular City Council & BOA Minutes July 10, 2024 Page 13 The City Manager noted that Resolution No. R-23-03 provides that each Charter Officer shall be evaluated at a meeting in July each year. He noted that since the City Attorney will be absent at the next meeting, he asked if they would like to have the evaluation discussions without the City Attorney or on August 28. It was the consensus of Council to have the discussion at the August 28`" meeting. 17. CITY CLERK MATTERS The City Clerk reported that at the 4a' of July celebration, $800.00 worth of Centennial merchandise was sold. She thanked Linda Lohsl, Richard Blankenship, Lee and Mrs. Plourde, and Jim Testa for helping out in the Centennial tent. 18. CITY COUNCIL MATTERS A. Vice Mayor Dixon thanked the Public Facilities staff for their hard work with the 4`t' of July celebration. B. Mayor Dodd said he watched the Sebastian fireworks over the internet on his phone while he was on the beach in New Smyrna which happened to be better than New Smyrna's fireworks. Mayor Dodd asked for Council consensus to have a study done on how they might annex the enclaves along U.S. Highway 1 from Barber Street to Main Street to smooth out the City's borders. Council agreed to have the City Manager and City Attorney provide annexation information. C. Council Member Jones thanked the City Attorney for providing the Sunshine Training to the boards. At the fireworks presentation he overheard a little girl tell her father that she thought the fireworks display was amazing which sums up the hard work by all of the City staff. D. Council Member McPartlan said the 4 h of July was an incredible celebration and since he was on the west coast where there is currently a lot of blight, he was grateful for the Sebastian community. He noted the strategic plan will help keep it that way. E. Council Member Nunn thanked staff for all of the hard work that they do. He was sorry to miss the celebration but he was with his Navy son in Missouri. 19. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 7:50 p.m. Approved at the July 24, 2024 Regular City Council meeting. - - _ Mayor Ed Dodd ATTEST.• / I J r J nette Williams, w City Clerk 224