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Home My WebLink About09-25-2024 CC AgendaN( l,* SEBASTIAN CENTENNIAL CELEBRATION 1924.1024 CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) AGENDA WEDNESDAY, SEPTEMBER 25, 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 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. Sunday, September 29 - Gold Star Monument Dedication - 11 am - Veterans Memorial Park Tuesday, October I - Sebastian River High School Homecoming Parade - Capt. Hardee Boat Ramp to Riverview Park - 6pm Saturday, October 12 - Craft Club Event - Riverview Park - IOam to 3pm Only One Council Meeting Scheduled for October - October 16th Thursday, October 17 - Sebastian Police Department Community Night Out - 5pm to 8: OOpm Friday, October 18 - Halloween Celebration at Riverview Park Contest Registration Begins at S: 30pm Trunk or Treat Begins at S: 30pm Costume Contest Begins at 6:1 Spm Sebastian Police Department's Movie Night Out - Coco - 7:1 Spm 1 October 21 to November 2 - Early Voting in Council Chambers - 8am to 4pm A. Presentation of Resolution to Barbara Brooke -Reese, City of Sebastian MIS Manager, for her 10th Year Anniversary as a Member in Good Standing of the Florida Local Government Information Systems Association B. Presentation on Strategic Plan results based on Public Participation Meetings and other Public Input Opportunities by Dr. Joe Saviak and Dr. Richard Levey Staff Report Strategic Plan Public Participation Presentation C. Staff Presentation of New Capital Improvement Projects Map Tool on the City's website. Link to webpage: https:Hcos l225.maps.arcgis.com/apps/dashboards/b00bedde8ead4908a46f33b9cedabcf2 Staff Report 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. Consideration of a purchase order for $30,000.00 for Xtreme FX, LLC for the December 8, 2024, Centennial Celebration. Staff Report Extraordinary Procurement Certificate Xtreme FX Quote B. Consideration of a purchase order for $19,124.00 for Doug Wilson Enterprises, Inc. to install a pre -fabricated restroom building at the Sebastian Municipal Airport under existing piggyback contract. Staff Report Procurement Justification Quote Tabulation C. Consideration of a three-year agreement with Trane U.S., Inc. in the amount of $62,382.00 for HVAC Preventative Maintenance. Staff Report Extraordinary Procurement Certificate Trane Service Agreement 2 D. Consideration of Craft Club of Sebastian 2024-2025 Events' Schedule Staff Report Letter of Request Park Use Permit Applicaton Consumer Certificate of Tax Exemption Receipt 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. COMMUNITY REDEVELOPMENT AGENCY Recess City Council Meeting and Convene as Community Redevelopment Agency A. Consideration of Resolution No. 25-01 Adopting the Riverfront Community Redevelopment Agency (CRA) Budget for the Fiscal Year 2024-2025 Staff Report Resolution No. 25-01 Exhibit A 11. PUBLIC HEARINGS A. Consideration of Ordinance No. 0-24-17 on 2nd and Final Reading - Proposed Land Development Code Amendment Section 54-4-21.C.4. Use Restrictions for Outdoor Storage Facilities as a Conditional Use in the Triangle Overlay District; Section 54-2- 6.4(28) Specific Criteria for approving a conditional use; Section 54-5-22.2 Definition of terms, defining Outdoor Storage Facility. Staff Report Ordinance No. 0-24-17 Business Impact Analysis Exemption 024-17 Application P&Z Board Minutes B. Final Public Hearing/Adoption of FY2024-2025 Final Millage and Tentative Budget Staff Report Resolution R-24-57 on Final Millage Resolution R-24-58 on Final Budget Power Point on the FY2024-2025 Millage and Budget 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Discussion regarding Finally Friday events hosted by the Sebastian River Area Chamber of Commerce and consideration of road closure and usage of CavCorp parking lot for 6 proposed monthly special events. Staff Report Finally Friday Road Closure B. Consideration of Ordinance 0-24-18 Rescinding Ordinance 0-97-42 vacating public roads in a portion of Sebastian Highlands Unit 17 First Reading 3 Staff Report Ordinance 0-24-18 Unit 17 Overview Map Resolution R-24-46 C. Consideration of Resolution No R-24-44, Accepting Fee in Lieu of Land Dedication for the Cross Creek Addition subdivision so the development will meet their public recreational requirement. Staff Report Resolution No. R-24-44 The Agreement D. Consideration of a purchase order for Underwater Engineering Services, Inc. in the amount of $53,684 for Stonecrop Project gopher tortoise relocation. Staff Report UESI Proposal Gopher Tortoise Survey Report FWC Gopher Tortoise Relocation Permit Atlantic Environmental Proposal to UESI E. Selection of P.A.V.C.O. Contracting Group, LLC for ITB # 24-19 in the amount of $93,800.00 Staff Report Procurement Justification Bid Tabulation Sheet Intent to Award F. Selection of Palmdale Oil Company, LLC for ITB 24-18 for Citywide Fuel Supply. Staff Report Procurement Justification Notice of Intent Bid Tabulation Sheet G. Consideration of Interlocal agreement between the City of Sebastian and Indian River County for Anchoring Limitation Areas Staff Report Interlocal Agreement Resolution R-23-29 H. Proposed FY 24-25 Sebastian Municipal Golf Course Rate Adjustments Staff Report Proposed Golf Course Rate Adjustments Resolution No. R-15-07 I. Consideration to Write Off the $430,000 Loan to the Golf Course from the General Fund Staff Report 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 4 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS Council Member Nunn Vice Mayor Dixon Mayor Dodd Council Member Jones Council Member McPartlan 18. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council). NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE 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 A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING 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 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE September 25, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Brian Benton, City Manger SEBASTIAN Presentation on Strategic Plan results based on Public SUBJECT Participation meeting and other public input opportunities CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The City's consultant has tabulated the results of our Strategic Plan Public Participation meetings that were held on August 22, 2024 at 3pm and 6pm. We provided a specific Strategic Plan email address for additional comments to be provided for an additional 2 weeks following the meetings to allow the public plenty of time to review the information and provide input. Based on this information our consultants have included Community and City Input as items within their presentation. RECOMMENDATION Task the City Manager and team to design the exact wording for the new Mission, Vision, Values and Goals to bring back for final approval by City Council. Following the finalization of this the City Manager and Department Heads will develop Objectives and Implementation Plans that are consistent with the established Strategic Plan ATTACHMENTS: 1. Strategic Plan Public Participation Presentation 7 fission, Vision, Values, oafs — Public Pa and Council icipation selection Sebastian City Council September 25, The Process Research on city and city government Orientation Interviews - Discuss, M, V, V, G, and O - shape survey Electronic Survey - Discuss, M, V, V, G, and Os - level of agreement and prioritize/rank objectives vStrategic Planning Workshop -discuss M, V, V, G -public input Community Participation - public input on M, V, V, G Strategic Planning Workshop -finalize M, V, V, G - public input - task CM with MVVGs wording and select Os and design IPs Draft Plan Review by City Manager Final Plan Reviewed and Approved by the City Council Implement & evaluate Public Participation • The Mayor and City Council emphasized that resident involvement and ideas are central to the success of this process • Public participation is an essential component of a successful strategic planning process. The City of Sebastian utilized all its communication tools to inform citizens of their opportunity to shape the future by receiving an update on the mission, vision, values, and goals and discussing their ideas for them at community meetings. Opportunities for citizen engagement with the strategic plan: 1) share ideas during the city council orientation, workshops, and meetings involving the strategic plan; 2) two community meetings; 3) specific city email address to receive input and comments on the mission, vision, values, and goals for the city's strategic plan. 10 Public Participation - Community Meetings _ k&1d AWL L■ l LI • Two community meetings — one at 3 p.m. and one at 6 p.m. — both on August 22, 2024. • Mayor Ed Dodd, City Manager Brian Benton, and city staff were in attendance. • Residents were encouraged to attend and express their opinions and specific ideas for the mission, vision, values, and goals • Residents could provide specific comments during a group discussion after the presentation of the draft Mission, Vision, Values, and Goals of the city • A Community Comment form was used to gauge citizen opinion on what should or should not be included in the final Mission, Vision, Values and Goals. • A vote for a particular phrase to "Include" added a +1 to the score. A vote to "Don't Include" added a —1 to the score. If the item was left blank it was scored a 0. • A PowerPoint presentation was used to deliver the information to the attendees. 11 Public Participation - Community Meetings City of Sebastian Mission, Vision, Values, and Goals Community Workshop Your City Counca is Very Interested In teaming your Views on What arKXAd be The Mission. NSIOn, values, and goats for the city go-mrthent of the City of Sebastian. f Or each statemert within the possible misSl0n. Vision, values, and goats. please Indicate your Opinion. YOU also can add your own Ideas too. Mission Should the foaotwng phrases be included wthn a potential Mission Statement Tor the City of Sebastian? please check appropriate bon. Mission Phrase Include Don't Include Quality PubUe Services Should be the Centerpiece of the CITY of Sebastian The City of Sebastlan Should Enhance the QusUty of Life for Our [residents The Coy of Sebastlan Should Foster Economic Opportunity Wrthir Our Community The Coy of Sebastlan Should Maintain Our Small -Town Fcel as the City Grows I 1 would like to seethe fo0.ovrnng phrase or concept included within the Missior Statement for the City of Sebastian: Vision Should the following phrases be nclWed within a potential Vision Statement for the City of Sebastian? Please chackappropriste boa Vision Phrase Include Dona In AuOe The Clty of ScbeStlan Ylitt Preserve Ow Hometown VIDe d Coastal Charm The CITY of Sebastlan Will Meke Our Community a Vibrant fk Desirable PIDce to Live The CItV of Sebastlan Will Ensure Smart, Sustainable Growth The City or Sebastlan Vidl Promote Out Beautiful Waterfront I would like to see the following phrase or concept irtrluoed within the Vision Statement for the City of Sebastlan: Should the following De inc ludetl tthin the Votues for the City of Sebastian? Please check appropriate box. Values Inc Woe Don't rk Uide pUblk: Trany ark re:y protessmn8�sm Pfotact Ouf Natural liesources Present- Our Coastal Cnami I.ovvtivc InitlatNes 1 would ake to sec the follurang phrases IncUMed within the Values of the City of Sebastian: fi!]ali Should the following be Inc haled within the Goola for the City of Sebastian' Please check appropriate boat. Goals Include Don't nclude Support Smart, Sustainsblc Growth Preserve Our Hometown Feel a Coastal Charm I Encourage Economic Development Improve Orgerru stional Eff d len.. Ensure A High -Level of ZUc Safety for Our Cornmunity I worst We to see the following Lvala included as a prbrlly for the ay of Sebastian. Name and City of nesidenc a (This Is OPTIONAL[ Thank yowl We very much appreciate your participation - El 12 Mission SE � IAN HOME OF PELICAN ISLAND • The City of Sebastian would like to engage you on what you believe the mission of our city government should be. • The Mission is the reason or purpose for the organization's existence. • Quality Public Services Should be the Centerpiece of the City of Sebastian • The City of Sebastian Should Enhance the Quality of Life for Our Residents • The City of Sebastian Should Foster Economic Opportunity Within Our Community • The City of Sebastian Should Maintain Our Small -Town Feel as the City Grows • Marlc your Comment Card — Include or Exclude? 13 Mission 41111110111t�MMMaintain our Small -Town Feel �fZW[��MWEnhance Quality of Life Foster Economic @ I MOpportunity Quality Public Services Score Vision SE CITY OF �LSTIAN HOME OF PELICAN ISLAND • The City of Sebastian would like to engage you on what you believe the vision of our city government should be. • Vision -the destination of the journey -where we want to go and who we can be and what we can achieve • The City of Sebastian Will Preserve Our Hometown Vibe & Coastal Charm • The City of Sebastian Will Make Our Community a Vibrant & Desirable Place to Live • The City of Sebastian Will Ensure Smart, Sustainable Growth • The City of Sebastian Will Promote Our Beautiful Waterfront • Mark your Comment Card - Include or Exclude? 8 15 Vision Preserve Our Hometown q@@@'@TFF@M�MVibe & Coastal Charm Promote Our Beautiful Ensure Smart, Sustainable Growth • Make Our Community a librant & Desirable Place o Live Score Values SE CITY OF -k-S_TIA HOME OF PELICAN ISLAND • The City of Sebastian would like to engage you on what you believe the values of our city government should be. • Values -Principles and standards which define how we think, talk, and behave • Public Transparency • Professionalism • Protect Our Natural Resources • Preserve Our Coastal Charm • Innovative Initiatives • Mark your Comment Card - Include or Exclude? 10 17 Values I Score Wk-219-211MUMMPublic Transparency Pr Preserve Our Coastal Charm Protect Our Natural Resources Professionalism Innovative Initiatives Goals CITYOF SEBASTIAN�= 'Wft HOME OF PELICAN ISLAND • The City of Sebastian would like to engage you on what you believe the goals of our city government should be. • Goals — Broad, long-term purposes • Support Smart, Sustainable Growth • Preserve Our Hometown Feel & Coastal Charm • Encourage Economic Development • Improve Organizational Efficiencies • Ensure A High -Level of Public Safety for Our Community • Mark your Comment Card — Include or Exclude? 12 19 Goals Preserve Our Hometown Feel & 41111110111MTCoastal Charm Pr Ensure a High -Level of Public Safety for Our Community Improve Organizational Efficiencies � Support Smart, Sustainable Growth �ncourage Economic evelopment Score Public Participation — Co Valuable feedback was received, and residents expressed appreciation for these opportunities to share their perspectives and participate in the strategic planning process. These meetings productive, informative, and beneficial to the development of the strategic plan. ;; Citizens were also encouraged to attend and participate in any city council workshop or meeting involving the strategic plan to contribute their insights City Survey vs Community Input - Mission C itv S u rvev Mission Frequency Quality Public Services 10 Enhance Quality of Life 5 Foster Economic Opportunity 3 Vibrant and Desirable Place to Live 3 Preserve Hometown / Coastal Charm 3 Community Input 15 22 City Survey vs Community Input - Vision City Survey Frequency Vision Preserve Hometown Vibe / Coastal Charm 10 Waterfront / Riverfront Protection 5 Smart, Sustainable Growth 4 Vibrant & Desirable Place to Live 3 Community Input 16 23 City Survey vs Community Input - Values City Survey Values Frequency Honesty & Public Transparency 16 Professionalism 5 Innovative Initiatives 3 Protect Our Natural Resources 3 Preserve Our Hometown / Coastal Charm 3 Community Input 17 24 City Survey vs Community Input - Goals City Survey Goals Frequency Smart, Sustainable Growth 6 Preserve Our Hometown / Coastal 3 Charm Encourage Economic Development 3 Hire Professional Staff / Employee 3 Training Ensure a High -Level of Public Safety 3 Community Input 18 25 Zl :A O+-I K :a • Task City Manager and team to design the exact wording for the new Mission, Vision, Values, & Goals Task City Manager and team to develop Objectives and Implementation Plans consistent with the new MVVG Thank you'. Open Ended Responses Comment Cards and Emails 28 Mission • Put a cap on homes being built • City should be a showcase for the environment • Define Quality of Life • Current residents will be able to reside in the city • Define Specific public services • Environmental protection and impact Improve Infrastructure - sewer, water, sidewalks & lighting • Enhancing our positive relationship with IRC Govt can't be all things to all people. • Government can't be all things to all people; I believe in limited government and don't want unnecessary growth and spending. • Bike lanes on all main roads - US 1, 510, 512 & Indian River Drive. • Bike lanes larger; more police in our area to keep us safe. • Quality public services are a standard in Sebastian 29 Vision • Do not want overgrowth • The City will be a showcase for the environment • "No" on desirable. Enough is enough. Less is desirable • If Sebastian takes federal funds, what does Sebastian owe the federal government? Subsidized housing? Forced mini cities. Is the City's goal to be a subsidized city in IRC? • The city should continue to develop in an open grid manner to maintain connectivity and ease of transit throughout the community • Define parameters for housing/business expansion near/on waterfront. Environmental impact • We don't need the global 15-minute city concept. Again - limited govt should be the vision to include limited taxation for the citizens. Don't need pet projects that are unnecessary nor provide benefit. • If they do bring Friendly's back it would be nice for us to have one here; If we can get WAWA's here in Sebastian so we don't have to go to Vero Beach. • Make an effort to provide affordable housing to ensure service workers will be able to live there. • Cleaning the Indian River and removing abandoned boats • Clean riverfront 30 Values • Want to see more specifics. Pet projects or feel -good projects are not necessary. • Civic responsibility and interaction • Preserve coastal charm with environmental protection • Sebastian values small town atmosphere and wish to preserve our connectivity • Conservative taxation & fiscal responsibility • More public meetings in advance of final decisions • Respect for person and truth. Profession for older vs younger vs. where the person came from - shorts/sneakers vs slacks/shoes • Need city property to be maintained; need to stop control burns as it is dangerous for us to breathe. If it falls over, it can start a huge fire. • Better trimming of hedges and trees on city property. • Remove old boats • Caring for each other 31 Goals • Improve mobility (transportation) within city & intercity • The goals need to be realistic, obtainable and affordable • Promote a high level of citizen participation • To keep taxes as low as possible (retired community) • Environmental protection & impact must be included • Keep ESG to a minimum • No overbuilding • Average income taxpayer will be able to afford to live in Sebastian • Limited government • To make Sebastian a showcase city for the environment • Try very hard to keep over -crowding down • Bike lanes made bigger since it's too close together • Stay a small town • Sebastian needs a soup kitchen • Stay a small town but continue to grow • Affordable housing: more police (our town has grown so much) The people in this town love to go over speed limits on side streets; slow them down; someone is going to get hurt • Care for all those in our community; affordable housing 32 Emails from the Community Hello and tharks for providing an email option. We a; e a new family in Sebastian, moved here 4 years ago. We have an 8 year old at Sebastian Elementary and a 3 year old at home. wish the city wou!d invest in chi!dren's programming at the community center. In general, the community center is under,-tilized. The; e are so many elementary schools and new families in this town_ I wish there were programs for both my children to participate in. I also wish the adult programming, like yoga, offered childcare. A farmer's market would also be wonderful. The craft markets on the weekend are too repetitive and not kid friendly enough. Thank you for all you do, Dear City of Sebastian, I used to sit on the NRB, but was unable to make it to the planning meeting. I want to make sure our plans include heat reduction. Not only does this technology make things more comfortable for Sebastian citizens but it also helps reduce the temperature of water going into the lagoon, which affects cyanobacteria blooms. I have attached an EPA website for your revue Thank You, Is there a strategic plan for HB 1379, a Florida law requiring all septic tanks in coastal communities to be upgraded to an ENR-OSTDS system or connect to a public central wastewater facility by July 1, 20307 Sebastian is covered by this law and I am concerned that I will be required to make an expensive upgrade to my septic system between now and July 1, 2030. The concern is the city is doing nothing to connect to the county wastewater system and I'll be left trying to upgrade my system along with 20,000 other people at the same time_ 27 34 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE September 25, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Karen Miller, City Engineer & Special Projects Director SEBASTIANSUBJECT Presentation of Capital Improvement Projects Map Tool CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY In each year's budget process Capital Improvement Projects are scheduled out for the following five years for each department. They are listed by project name, total cost, and include a brief description of planned work. Due to questions from residents about where different funds are spent as well as transparency of work, we have created the Capital Improvement Projects Map Tool. This allows residents to see projects geographically. It is also possible to follow the progress of a project as it moves from the Planned, In Progress, to Completed stage. Using this GIS mapping tool it is possible to sort projects according to the department as well as their status. The mapping tool has been created from CIP projects from 2019/2020 to present day and is updated on a monthly basis. RECOMMENDATION Staff will provide a brief presentation on the website ATTACHMENTS: 1. Link to CEP Map Tool https:Hcos l225.maps.arcgis. com/apps/dashboards/b00bedde8ead4908a46f3 3b9cedabcf2 FUNDING SOURCE: Expenditure required N/A Additional Funds Needed: $ 0.00 Amount Budgeted: I Funding source 35 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of a purchase order for $30,000.00 for Xtreme FX, LLC for the December 8, 2024, Centennial SUBJECT Celebration. EXECUTIVE SUMMARY The City will hold a Centennial Celebration on December 8, 2024 with a planned fireworks display for the public. The City Manager worked with Xtreme FX LLC, the City's current fireworks vendor, to develop a proposal for the Centennial Celebration. Per the City's Code of Ordinances, Section 2-10(d)(2), "purchases of advertising and works of art for public display" are exempt from the procurement policies and procedures. RECOMMENDATION Staff recommends that the Council approve a purchase order for $30,000.00 for Xtreme FX LLC to provide fireworks for the City's Centennial Celebration and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Extraordinary Procurement Form 2. Xtreme FX Quote FUNDING SOURCE: Expenditure required $30,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $48,000.00 Funding source General Fund Operating Budget/Donations Project #A2315 36 N i�i S EEBARSET IA,N mm (ENTIAL 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 an unexpected turn of events that causes immediate danger to public health, safety, and property or interrupt essential governmental services or City operations. A Single Source purchase is defined as the purchase of a 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 purchasing the required good/service (attach the Sole -Source Letter from the vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: 9/9/2024 TO: Jessica Graham DEPARTMENT HEAD: City Manager DEPARTMENT: City manager ❑ Emergency TYPE OF PURCHASE: ® Single Source ❑ Sole Source PROPOSED VENDOR: Xtreme FX LLC ITEMS OR SERVICES Fireworks display for December 8, 2024 Centennial Celebration REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Per the City's Ordinance Section 2-10(d)(2), "purchases of advertising and works of art for public display" are exempt from the procurement policies and procedures. ------------------------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 or (3) the supplier of the goods/services requested is the sole source supplier. Submitted: Date: Department Head Signature Digitally signed by Jessica Graham Jessica DN: —Jessica Graham, c=US, o City at Sebastian,—P—rement Division, email-;essgraham@cityo(sebastlan org G ra h a m Approved: Data: 2024.09.0916:21: 33-04'00' Date: Jessica Graham, Purchasing Manager Approved: Date: Brian Benton, City Manager Procurement (Rev. 06/2024) 37 City of Sebastian Centennial REINVENTING INDUSTRY CREATING EPIC PRODUCTIONS Presented Bv: December 8 t", 2024 Meet the Team — Literally Something that makes us different than most of the large corporations of the world, is we want you to personally meet the Team who envisions your event and brings it to life. Our Dream Team will be on site for most, if not all events, working beside the crew, hand in hand. Rvan Pedraza — President and CEO — Ryanp(dxtremespecialeffects.com What CEO do you see on site working hand in hand with their technicians? Ryan, as the heart and soul of Xtreme, provides leadership and guidance for all technicians to create an unbreakable bond, which creates an unexplainable energy to excel in everything they do. Ryan has over 20 years of experience in the Fireworks and FX Industry. Nicole Johnson — CFO and Show Producer — NicoleJCcDxtrerHespecialeffects.com There is no such thing as 9 to 5 for Nicole. Clients can contact her at any point in time and she will always respond. Nicole oversees the everyday operations of Xtreme along with developing client accounts, being the primary contact from the signing of the contract to leaving an event site after clean up.. Nicole makes sure every aspect of the event is completed in a timely manner. She will also make sure you are completely satisfied with your event along with your guests. Nicole has 10 years of experience in the Fireworks and FX industry. Brian Weaver- Show Designer and Director of Innovatio— BrianW(Dxtremespecialeffects.cnm Technology savvy Brian creates, designs, and produces all shows from Fireworks displays, laser shows, and other special effects shows. Brian has 15 years of experience in the Fireworks and FX industry. Shane O'Brien — Warehouse Coordinator and Technician Supervisor — The Behind the Scenes Info(c�xtremespecialeffects.com Shane assists in contacting technicians and making sure the team put together excels for that specific event. Shane also assists in making sure all details are addressed and finalized prior to your event. He also assists in the warehouse day to day jobs to ensure all equipment is operational, trucks are loaded properly, and all documentation for the trucks is compliant with state and federal regulations. Shane has 15 years of Experience in the Fireworks and FX industry. Your dreams cannot come to reality without this highly qualified team. Our Technicians that are on site, make our dreams come to life. The technicians we selectto work, have a minimum of S years of experience with high profile displays. They are recertified every 3 months to meet our qualifications. We do not accept anything or anyone less than the best Background and Experience Xtreme FX is one of the top leading companies in the industry, producing bigger and better displays right beside companies with 100+ years of experience. With our modern technology intertwined with "old school and bad to the bone" displays, we have taken the industry by storm. Xtreme was founded in 2013 in Florida. Xtreme became international in 2016 with locations throughout the Caribbean. Our employees are hand selected and taken through a vigorous process to ensure we have the best of the best in the country. Not only are our technicians able to assist on a display, the techs are fully capable of leading their own show. Our employees are on a freelance contract basis. We have approximately 50 employees consistently firing displays throughout the year and rapidly growing! We do not accept the "Weekend Warrior" mentality of what most companies hire on the busiest times of the year (July 4t" and New Year's Eve). Our experience is second to none. From private shows to high exposure shows, we keep our quality and expertise across the board. Our team leaders and technicians have over 75+ years of experience in the Fireworks and FX industry. No show is too big or too small. Some of our clients include: Justin Moore, Lee Brice, Snoop Dogg, Lil' Jon, Grant Cardone, Shino Bay, Daymon John, Steve Harvey, Tyler Perry, Louis Vuitton, Tyler Farr, Joe Nichols, Justin Beiber, Walker Hayes, Miami Marlins, Miami Dolphins, BCS Bowl, Orange Bowl, Tampa Bay Rays, John Travolta, Camping World Stadium, Citrus Bowl, Cheez-IT Bowl, PBR, NASCAR, Film Festivals, Country Cruises, Concert Cruises, Major Cities, and Music Festivals across the world.... Just to name a few. Saf e rooco Safety of the audience and our technicians is our #1 priority. For every display, we have a specific safety plan implemented to ensure the safety of the audience and our technicians as well as environmental matters. We conform to the federal, state, and local safety regulations by obtaining all necessary permitting and approvals. Technicians will always take the necessary precaution before firing a show by doing a final walk through with the fire marshal as he gives approval for firing. Any water -based displays, technicians will have proper personal flotation devices on, at all times. NO EXCEPTIONS. During firing of the show, our techs will have the proper PPE for eyes, ears, feet, and head. Smoking is strictly prohibited within 100 feet of a firing site or fireworks. Cell phone usage will be kept to a minimum in the immediate blast zone to keep radio frequencies down. A Mandatory "morning after" walk will be conducted throughout the firing zones, fall out zones, spectator viewing area, and any other surrounding areas for unexploded ordinances and excessive debris. Any unexploded ordinances will be packages and secured to comply with Federal DOT regulations. Xtreme FX is fully insured and certified in creating and performing display shows as well as special effects shows. Xtreme FX includes five million in general liability for each event as well as an additional five million in vehicle insurance. Any driver who drives HAZMAT for Xtreme FX has a commercial driver's license and HAZMAT training. We take pride in knowing our insurance is through one of the best agencies in the industry. Most companies still today perform hand fired displays. Xtreme will not accept or perform any hand fired displays due to safety of our technicians. We use the highest technology in firing systems to ensure safety of everyone involved. Making this a policy for our company, we have came to find that the clients, fire departments, and our employees feel more comfortable with being away from the immediate blast zone. We take pride in our safety record. Xtreme Fx has had zero insurance claims, zero federal fines, and zero state fines. Safety is our number one priority and our record proves that! LM d I 2024 Insurance Coverage Insurance AQencv: Britton -Gallagher and Associates, Inc. IL One Cleveland Center, Floor 30� 1375 East 9th Street Cleveland OH 44114 Expires — 12/17/2024 I General Liabilitv and Excess Umbrella Insurance Carrier: Everest Indemnity Insurance Co. Axis Specialty Ins Co Commercial Automotive Liabilitv: A` Everest Denali Insurance Company Xtreme FX carries five million dollars in general liability insurance that is maintained through a one year policy. Our insurance covers all product and completed operations. The policy is "per occurrence" instead of "per claim." We also carry 5 million commercial automobile insurance required by USDOT as well as comply with Workers compensation state statutory limits. CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of a purchase order for $19,124.00 for Doug Wilson Enterprises, Inc. to install a pre -fabricated restroom SUBJECT building at Sebastian Municipal Airport. EXECUTIVE SUMMARY On May 22, 2024, the Council approved the purchase of a restroom building for the City of Sebastian Municipal Airport. To complete the building installation, the City requires the services of a general contractor. The general contractor will complete the site preparation and installation of concrete sidewalks and electrical and plumbing connections. The Procurement Division requested quotes from contractors under contract through our piggyback of the School Board of Brevard County, FL's contract for general contractor services (approved at the June 12, 2024, Council Meeting) and local vendors currently providing general contracting services to the City. Competitive quotes were received from Doug Wilson Enterprises, Inc., Island Harbor Custom Builders, LLC, and Ovation Construction Company, LLC. This proposed purchase complies with the "Piggyback" provisions as provided within Section 2-10 of the City code, in that the City will utilize the School Board of Brevard County's contract with Doug Wilson Enterprises, Inc. Using "piggyback" 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 that the Council approve a purchase order for $19,124.00 for Doug Wilson Enterprises, Inc. to install a pre -fabricated restroom building at Sebastian Municipal Airport. ATTACHMENTS: 1. Procurement Justification 2. Quote Tabulation FUNDING SOURCE: Expenditure required $19,124.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $143,191 Funding source 80% FDOT Grant ($15,299.20) 20% Discretionary Sales Tax Fund ($3,824.80) 51 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: 9/13/2024 TO: Jessica Graham DEPARTMENT HEAD: Jeff Sabo DEPARTMENT: Airport ❑ Invitation to Bid (ITB) TYPE OF PURCHASE: ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ® Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Doug Wilson Enterprises, Inc. ITEMS OR SERVICES General contracting services for pre -fabricated restroom installation REQUIRED: ADDITIONAL INFORMATION This proposed purchase complies with the "Piggyback" provisions as provided within Section 2-10 of the City code, in that the City will utilize the School Board of Brevard County's contract with Doug Wilson Enterprises, Inc. Doug Wilson Enterprises, Inc. is the lowest responsive, responsible quoter. Approved: Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 52 SEBASTIAN CENTENNIAL CELEBRATION QUOTE TABULATION Restroon Building Installation Item Description Restroom Building Installation to include the following: Compacted Rock Base Plumbing a. Sewer tie-in within b. Water tie-in within c. Interior connections Electrical a. Underground b. Panel tie-in c. Power up Building Sidewalk per plan a. 5'wide concrete sidewalk Permit included a. If a site plan is needed additional cost will be a change order. NO BID: Building Time Construction, LLC and 8-KOI, Inc. Doug Wilson Enterprises, Inc Lump Sum $ 19,124.00 $ Island Harbor Custom Builders, LLC Lump Sum 20,300.00 $ Ovation Construction Company, LLC Lump Sum 47,168.0000 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 53 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Consideration of a three-year agreement with Trane U.S., Inc. in the amount of $62,382.00 for HVAC Preventative SUBJECT Maintenance. EXECUTIVE SUMMARY In 2015, the City entered into a Service Agreement with Trane U.S., Inc. (Trane) to provide preventative maintenance to the Trane HVAC units. The agreement has been renewed annually as Trane is the only authorized service provider for commercial Trane units. The new three-year agreement will cover the Trane units at Sebastian City Hall & Police Department. 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. At this time, due to the existing contract for the equipment, Trane is the only vendor available to provide the HVAC Preventative Maintenance. RECOMMENDATION Staff recommends that the Council approve a three-year agreement with Trane U.S., Inc. in the amount of $62,382.00 for HVAC Preventative Maintenance. ATTACHMENTS: 1. Extraordinary Procurement Form 2. Trane U.S. Service Agreement FUNDING SOURCE: Expenditure required Amount Budgeted $19,788.00 $20,000 $20,778.00 $21,000 $21,816.00 $22,000 Additional Funds Needed: S 0.00 Funding source FY 25 — Facilities Maintenance Operating Budget FY 26 — Facilities Maintenance Operating Budget FY 27 — Facilities Maintenance Operating Budget 54 N i� S EEBARSET IA,N limm (ENTIAL 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: 9/13/2024 TO: Jessica Graham DEPARTMENT HEAD: Richard Blankenship DEPARTMENT: Parks, Recreation and Facilities ❑ Emergency TYPE OF PURCHASE: ® Single Source ❑ Sole Source PROPOSED VENDOR: Trane U.S., Inc. ITEMS OR SERVICES HVAC Preventative Maintenance for Trane units. REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: In 2015, the City entered into a Service Agreement with Trane U.S., Inc. (Trane) to provide preventative maintenance to the Trane HVAC units. The agreement has been renewed annually as Trane is the only authorized service provider for commercial Trane units. ------------------------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 or (3) the supplier of the oods/services requested is the sole source supplier. Richard DN �I -h-Blankenship,—S..- Setias , ou=Parks. Recreation antl FadlOes Director, B l a n ke n s h ia11=rblanhensM1ip@cilyptsebaslian org Reason-. I agree to IFe specifetl potions of Submitted: p pa,,z ,1agsoe,ga,z,_N'.it Date: Department Head Signature Digitally slgnetl by Jessica Graham Jessica DN: cn=Jessica Graham, -US, City of Sebastian, —Pro bent Division, Approved: email-;essgraham9.16 09sebastian.org Graham Date: Fl1l Date: 2024.gg.16 0925:14 -04'00' f''f'' Jessica Graham, Purchasing Manager Approved: Brian Benton, City Manager Date: Procurement (Rev. 06/2024) 55 Trane Office Trane U.S. Inc. 2301 Lucien Way, Suite 430 Maitland, FL 32751 Trane Representative Jason Aki Account Manager - Team Leader Cell: (321) 228-8865 Office: (407) 660-1111 Proposal ID 7789076 August 5, 2024 BRAN= TECHNOLOGIES' Customer City of Sebastian (City Hall & Police Department) 1225 Main St Sebastian, FL 32958-3295 Attention Jim Testa Facilities Maintenance Cell: (772) 453-9722 56 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 =Aft-T/MNEh. " \` wJw��. EXECUTIVE SUMMARY Connected Building Services Gain a more proactive approach to maintaining and optimizing your building. Using your building's data and Trane's analytics, you'll receive dashboards in Trane ConnectT°" that help you understand how your building is performing. We can also establish an energy use and cost baseline, because the first step to improvement is knowing where things currently stand. A data driven point of view... • Trane® Connect TM is a secure, cloud -based customer portal to access your building systems for remote monitoring, building management and routine maintenance through the use of dashboards and other reports. • Digital Analytics are running 24/7/365, collecting data from your connected equipment and better arming your technician with added insights into your building performance • Understand how HVAC performance impacts your energy profile with utility data assessment • Remote inspections to enhance until performance visibility and schedule o-demand virtual maintenance troubleshooting as well as having more facts to asses operational decisions and service/maintenance trade-offs Key Elements of this service Building & Energy Performance Summary Dashboards Utility Benchmarking Analysis Why Trane? We Focus on Better Buildings. Building Performance Assessment When it comes to service effectiveness, experience matters. No other provider has more experience than Trane. • 100+ years of system and equipment experience • 35+ years in building automation systems (BAS) 20+ years in energy services and © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 2 of 20 57 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 ' SCOPE OF SERVICES -STANDARD INCLUSIONS ANY HVAC SYSTEM IS ONLY AS STRONG AS ITS INDIVIDUAL MECHANICAL COMPONENTS This service agreement with Trane protects and enhances full system functionality by ensuring that components are well maintained and functioning to OEM standards, and that the system is tailored to your needs. The following are the standard inclusions of your service agreement: Whether your Trane Service relationship is new or you've been a customer for many years, it is easy to connect your HVi equipment to Trane ConnectTM Cloud. Utilizing the controls that are already part of your HVAC Equipment either directly or via your Trane BAS, you can easily connect your building to the cloud and send data from your HVAC Equipment to Trane Connect. Advantages: Empower your Trane Technician: Utilizing the data collected in the cloud and the Trane Digital Inspection Toolbox, your Trane Technician will be able to remotely inspect your equipment. • Access your HVAC equipment anywhere: Additionally, Trane can setup remote access to your Trane BAS, Chiller Plant, Chillers or other HVAC equipment for unlimited users from your organization. • Flexible & Secure Connectivity Options: Connect via your organization's network or utilizing Trane's cellular solution. © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 3 of 20 58 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 IW, WE" Trane gives you a way to "see" what's not physically evident using trend data that's illustrated via dashboards in Trane Connect TM. It's a deeper level of information that enables you to understand what's happening at the system level —so technicians can address root causes instead of the symptoms. You'll get more bang from your service budget. Available Trane Connect Applications Included with your agreement, you'll receive additional benefits and reporting within the Trane Connect application. Customize your Trane Connect experience based on the needs of your job and goals of your organization. Remote Access - Control and manage your equipment, spaces and buildings while optimizing performance (Note: included for all Trane Controls customers) Service - Remote and on -site service is enhanced through anytime, anywhere access to critical building information that informs how/when/where service is necessary. Building & Energy Applications - Identify ways to unlock greater efficiency and comfort while maintaining control over spend and optimizing performance. Map energy use by date, time or space usage to reach your sustainability goals faster. (Note: requires separately connected Live Meter) Learn more on Trane.com -- Reports - Measure your starting point to best evaluate where you're seeing — gains and how you can improve system performance and energy usage even further. Gott 116 41111111111111111111111 Dashboards - Visualize and track the information most important to you, including opportunities for optimization and improvement. Utility Management - Access to your energy use intensity and cost intensity analysis. (Note: requires utility bill access) © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 4 of 20 59 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 49 &i MWE �► \` \ \��\\ w w ��s�. Factory authorized Trane service technicians perform all periodic maintenance, following OEM standards, to keep HVAC and BAS equipment running optimally and prevent unplanned downtime. Trane assumes all responsibilities for planning, scheduling and managing routine maintenance on Trane HVAC equipment and other brands. Implementation: • Technician visits are scheduled in advance through one assigned maintenance team for all HVAC equipment brands • On -site service is completed during normal business hours • Receive consistent service outcomes through proprietary maintenance procedures Enhance unit visibility and inform necessary on -site service events with on -demand and scheduled virtual inspections. Digital review of HVAC and BAS equipment enabled through connected system and unit controllers. Implementation: • Trane factory certified technicians will troubleshoot and address root causes • Proactively identify potential issues and required changes • Receive deeper insights through data and analysis from your connected equipment via building performance reports Gain the peace of mind you'd get with a "traditional clip -board review" from your staff with the added expertise of Trane technicians —without the added expense of on -site service visits. A virtual "walk-through" inspection of equipment, systems or a building —based on a predetermined schedule. Implementation: • Regular reviews of critical equipment and systems • Early detection of issues to prevent downtime and catastrophic failure © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 5 of 20 60 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 rJiME /4X4FX� \' ItN� HVAC EQUIPMENT COVERAGE Sebastian City Hall & Police Department The following "Covered Equipment" will be serviced: Equipment Qty Manufacturer Model Number ISerial Number Asset Tag Split System 1 Liebert Corporation LIEBERT UN �VS2548438 Split System 1 Liebert Corporation LIEBERT UN VS2548439 Description Quantity Per Term Annual Inspection (Service 1) 1 Quarterly Inspection (Service 2) 3 Equipment Qty Manufacturer Modular Climate Changer AHU 1 Trane Modular Climate Changer AHU 1 Trane Description M Series AHU Annual Inspection (Service 3) M Series AHU Quarterly Inspection (Service 4) Equipment Qty Manufacturer 7 1/2 - 20 Ton Split System 1 Trane 7 1/2 - 20 Ton Split System 1 Trane Description Odyssey Annual Inspection (Service 5) Odyssey Quarterly Inspection (Service 6) Equipment Qty Manufacturer 3-10 Ton Rooftop 1 Trane Description Precedent Annual Inspection (Service 7) Precedent Quarterly Inspection (Service 8) Equipment Qty Manufacturer Tracer Summit Building 1 Trane Management Systems (BMTS) Description Tracer Annual Inspection (Service 9) Tracer Quarterly Inspection (Service 10) Model Number ISerial Number lAsset Tag MCCB012UA0 �K04C34249 AHUCH2 MCCB012UAO K04C34255 �AHUCH3 Quantity Per Term 1 3 Model Number ISerial Number Asset Tag TTA180B300 116273PUSTA TTA24043DA 118151538TA CH-CU2 Quantity Per Term 1 3 Model Number I Serial Number Asset Tag THC092F3RC 1172311569L Quantity Per Term 1 3 Model Number ISerial Number Asset Tag TRACER SUM NS-2548436 BAS Quantity Per Term 1 3 © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 6 of 20 61 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 Equipment Qty Manufacturer Model Number Serial Number Asset Tag Rooftop Air Conditioners 1 Trane TCD151 411100853D RTUCH1 Rooftop Air Conditioners 1 Trane TCH060 412100520L RTUPS3 Rooftop Air Conditioners 1 Trane THD150G3RG 163410929D RTU 1 Rooftop Air Conditioners 1 Trane THD180G3R0 174610916D Rooftop Air Conditioners 1 Trane THD150G3RO 205210257D RTU-2 Rooftop Air Conditioners 1 Trane TZD210F3R0 171010756D Description Voyager Annual Inspection (Service 11) Voyager Quarterly Inspection (Service 12) Quantity Per Term 1 3 * See Appendix for detailed scope of services for each inspection. © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 7 of 20 62 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 PRICING AND ACCEPTANCE Attention: Jim Testa Facilities Maintenance City of Sebastian Sites: City Hall & Police Department Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled "Connected Building Service Agreement," the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions (Service) (collectively, the "Service Agreement" or "Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions," and "Scope of Services" sections. Trane agrees to give preferential service to Service Agreement Customer over non -contract customers. Service Fee As the fee(s) (the "Service Fee(s)") for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. Contract Term Annual Investment Payment Term 10/01/2024 — 09/30/2025 $19,788 Annual 10/01/2025 — 09/30/2026 $20,778 Annual 10/01/2026 — 09/30/2027 $21,816 Annual In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a "Service Project" is included in the Agreement, the Cancellation Fee set forth in "Exhibit A" Cancellation Schedule attached hereto and incorporated herein, which Cancellation Fee represents unbilled labor, non -labor expenses and parts materials and components. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 4 of the attached Terms and Conditions. Term The Initial Term of this Service Agreement is three (3) vears, beqinninq October 1, 2024. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on September 30. 2027, this Agreement shall renew automatically for successive periods of (the "Renewal Term") until terminated as provided herein. If you do not want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at or by direct mail addressed to: 2301 Lucien Way, Suite 430, Maitland, FL 32751. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 8 of 20 63 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 /,,4 HWE INRI\ Cancellation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. —his agreement is subject to Customer's Authorized Representative Printed Name Title Purchase Order Acceptance Date nce of the attached Trane Terms and Conditions (Service). Submitted By: Jason Aki Proposal Date: August 5, 2024 Cell: (321) 228-8865 Office: (407) 660-1111 License Number: CMC1249843 Authorized Representative Title Signature Date The Initial Term of this Service Agreement is three (3) years, beginninq October 1, 2024. Total Contract Amount: $62,382. © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 9 of 20 64 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 w `* Fri M, w �► \ram\� TERMS AND CONDITIONS "Company" shall mean Trane U.S. Inc. dba Trane for Company performance in the United States and Trane Canada ULC for Company performance in Canada. 1. Agreement. These terms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the following commercial services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipment (the "Covered Equipment"), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Intelligent Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms'), available at httns:llwww.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer') delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Customers acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 4. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customers bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement. 7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. 8. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company. 9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customer's existing equipment; (h) The normal function of starting and stopping equipment or the opening © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 10 of 20 65 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 /4 Aft- �94, ►'11110% TRWE and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; 0) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer's failure to comply with its obligations under this Agreement; (1) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions'), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company ("Third -Party Products(s)") are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE INTELLIGENT SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 13. CONTAMINANTS LIABILITY. The transmission of COVID-119 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB"), or other hazardous materials (collectively, "Hazardous Materials"). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 11 of 20 66 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 Fri harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212- 5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219- 8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (1122) Supersedes 1-26.130-7 (0821) © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 12 of 20 67 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 rAIWE I M, SECURITY ADDENDUM This Addendum shall be applicable to the sale, installation and use of Trane equipment and the sale and provision of Trane services. "Trane" shall mean Trane U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada. 1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows: "Customer Data" means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer. "Equipment" shall have the meaning set forth in the Agreement. "HVAC Machine Data" means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane's controls products or hosted applications shall not be Personal Data, if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstname.lastname@address.com). HVAC Machine Data may be used by Trane: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trane terms and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. "Personal Data" means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer; (ii) non-public personal information ("NPI") or personal information ("PI"), such as national identification number, passport number, social security number, social insurance number, or driver's license number; (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank account number; (v) personally identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier ("IMEI"), or advertising identifier; (vi) biometric information; and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother's maiden name. "Security Incident" shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party; (ii) any situation where Trane reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclosure or acquisition of or access to any Customer Data. "Services" shall have the meaning set forth in the Agreement. HVAC Machine Data: Access to Customer Extranet and Third Partv Svstems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customer's or a third party's website or system (each, an "Extranet"), Trane will comply with the following: a. Accounts. Trane will ensure that Trane's personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential. b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include: (i) system network firewalls; (ii) centralized patch management; (iii) operating system appropriate anti-malware software; and (iv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices or servers. d. Account Termination. Trane will terminate the account of each of Trane's personnel in accordance with Trane's standard practices after any specific Trane personnel who has been authorized to access any Extranet (1) no @ 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 13 of 20 68 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 Aft-�� TRA/VE longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane's employment). e. Third Partv Svstems. Trane will provide Customer prior notice before it uses any third party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third party system will not have access to the decryption key or unencrypted "plain text" versions of the HVAC Machine Data. Customer Data: Confidentialitv. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential ("Customer Confidential Information") other than for the purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (i) to Trane's employees and agents who have a need to know to perform the Services, (ii) as expressly permitted or instructed by Customer, or (iii) to the minimum extent required to comply with applicable law, provided that Trane (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure. Customer Data: Compliance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry standards and practices relating to Trane's processing of Customer Confidential Information (collectively, "Laws"). Customer Data: Information Securitv Manaaement. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws ("Information Security Program"). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer's Confidential Information from unauthorized access, destruction, use, modification or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane's employees and agents, and others acting on Trane's, behalf are aware of and comply with the Information Security Program's policies, procedures, and protocols. 6. Monitorina. Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Program in light of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other facts or circumstances that Trane knows or reasonably should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy any and all audit/inspection requests/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement. 8. Information Securitv Contact. Trane's information security contact is Local Sales Office. 9. Security Incident Manaaement. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems and Customer property. The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned. 10. Threat and Vulnerabilitv Manaaement. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis. Periodically, Trane engages third -parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane's cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This includes requiring Trane employees to annually re -acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disposal Policies. Policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed. © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 14 of 20 69 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 rJEWE w�w� kZ 13. Logical Access Controls. Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane's corporate networks and production systems. Trane's monitoring includes a review of changes affecting systems' handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of "least privilege" (meaning access denied unless specifically granted) for access to customer data. 14. Contingencv Plan ninq/Disaster Recoverv. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e. fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following (i) data backups; and (ii) formal disaster recovery plan. Such disaster recovery plan is tested at least annually. 15. Return of Customer Data. If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer's sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer's Data in Trane's possession, custody or control no later than [90 days] after receipt of Customer's written instructions directing Trane to delete the Customer Data. 16. Background checks Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, including the conducting of appropriate background and/or verification checks in accordance with Trane policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR -FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. November 2023 © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 15 of 20 70 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 Fri XWEw `* w► I N TERMS AND CONDITIONS — Connected Analytics Package Subscription 1. Terms Supplemental. These terms and conditions ("CAP Subscription Terms") are supplemental to the Terms and Conditions (Service) and an integral part of Company's offer to sell Software as a Service that provides internet-based access to the hosted Connected Analytics Package (CAP) application ("CAP Subscription") as part of an Energy Advisory Services offer. The Terms and Conditions (Service) apply to the CAP Subscription, except as the context indicates otherwise. 2. Definitions. "Malicious Code" means any virus, worm, time bomb, Trojan horse or other code, file, script, agent, software program or device that may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data; or adversely affect the user experience. "Customer Data" means all Customer electronic data or information collected through and stored in connection with the CAP Subscription. "Users" means individuals who have been authorized by Customer to use the Services and who have been supplied user identifications and passwords to access the Services by Customer (or by Company at Customer's request). Users may include but are not limited to Customer's employees, consultants, contractors and agents; or third parties with which the Customer transacts business. Persons or entities that are competitors to Company are not authorized to access or use the Services and may not be permitted by Customer to access or use the Services. 3. Software as a Service CAP Subscription. Upon commencement of the CAP Subscription and for the CAP Subscription Term, Customer will have the nonexclusive, non -assignable, royalty free, worldwide limited right to use the CAP Subscription services solely for your internal business operations and subject to the CAP Subscription Terms and Terms and Conditions (Service). Customer may allow its Users to use the CAP Subscription services for this purpose and Customer is responsible for Users' compliance herewith. Customer agrees that it does not acquire any license to the Trane Energy Manager program. The CAP Subscription includes provisions for the collection of data from meters, loggers, systems, or devices ("Data Collection") and regular database backups. The CAP Subscription does not cover support of Customer's computer hardware, data network, or communications infrastructure, or Internet browsers used to access the CAP Subscription. Customer hereby accepts, and upon initial use of CAP Subscription, each Customer User will be required to accept these CAP Subscription Terms. User access shall terminate on the same date as the applicable CAP Subscription Term 4. Subscription Term. The initial CAP Subscription Term commences on the date that Customer receives access to the CAP Subscription service and continues for as long as set forth in the Proposal, subject to automatic renewal for succeeding 12 month terms as provided in the Terms and Conditions (Service). 5. Customer's Responsibilities. Customer shall (i) be responsible for Users' compliance with these terms and conditions, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the CAP Subscription, and notify Provider promptly of any such unauthorized access or use, (iii) use the CAP Subscription only in accordance with these terms and conditions and Customer's Service Agreement with Trane and applicable laws and government regulations, (iv) provide Company with all necessary cooperation in relation to these terms and conditions and necessary access to such information as may be required for providing the CAP Subscription, and (v) pay all fees when due for the CAP Subscription and Service Agreement. Customer shall not (i) permit any third party to access the CAP Subscription or physical hardware deployed at Customer's facilities to enable operation of the CAP Subscription except as expressly permitted herein or in an Order Form, (ii) modify or create derivative works based on any part or content of the CAP Subscription, (iii) copy, frame or mirror any part or content of the CAP Subscription, other than copying or framing on Customer's own intranets or otherwise for Customer's own internal business purposes, (iv) reverse engineer, disassemble or decompile the CAP Subscription, or (v) access the CAP Subscription in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the CAP Subscription. In addition, Customer shall not (m) make the CAP Subscription available to anyone other than Users, (n) sell, resell, rent, license, share or lease the CAP Subscription, (o) use the CAP Subscription to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third -party privacy rights, (p) use the CAP Subscription to store, distribute or transmit Malicious Code, (q) interfere with or disrupt the integrity or performance of the CAP Subscription or third -party data contained therein, or (r) attempt to gain unauthorized access to the CAP Subscription or their related systems or networks. 6. Cancellation. In the event of a cancellation of the CAP Subscription by Customer, Customer shall not be entitled to any refund of price and Customer shall immediately pay all amounts then due. 7. Customer Breach; Termination. Company may terminate the CAP Subscription upon 14 days written notice to Customer of a material breach if such breach remains uncured at the expiration of such period.. Upon termination, Customer shall not be entitled to any refund of the price paid to Company. 6. Availability. Company shall exercise reasonable care in providing the CAP Subscription and use commercially reasonable efforts to make the service available at all times. The CAP Subscription is accessible via the internet and thus subject to limitations, delays, and other problems inherent to the operation of internet and electronic communications. Company is not responsible for delivery failures or other damage resulting from such problems. Where possible, Company will notify User(s) identified by the Customer during execution of Service Agreement to be the primary contact for Customer ("Named Users"), and raise support issues with Company of non -availability of the CAP Subscription. It is the responsibility of the Named Users to provide this information to all Users of CAP Subscription associated with Customer. Company shall be entitled, without any liability, to carry out ongoing maintenance, updating or alterations to CAP Subscription Service that may result in loss of access from time to time without prior notice. Service features that interoperate with Trane Energy Manager software depend on the continuing availability of the third party APIs and programs for use with the CAP Subscription. If said parties cease to make the API or program available on reasonable terms for the CAP Subscription; Company may be interrupted from providing such features without entitling Customer to any refund, credit, or other compensation. 9. Software Upgrades. Software upgrades to CAP Subscription will be applied by the Company as soon as commercially reasonable after a new version is available. These will always be provided during the term of the Agreement and there is no provision for maintaining any other version than the current version in the Saes environment. 10. Database Backup. Short term and long term database backups are performed at the sole discretion of the Company. 11. Data Collection. Where Customer has placed an order that includes CAP Subscription from Company, data will be collected from the designated meters, loggers, or devices and imported into CAP Subscription. It is Customer's responsibility to check CAP Subscription or configure appropriate alarms to ensure that data is appearing as expected. If data is missing, Customer should raise the issue as a request for support through the local Company office. Customer is free to export its own data from CAP Subscription at any time using the standard CAP Subscription export functions. 12. Ownership of Data. All data relating to the performance and condition of Customer building systems that Company collects in connection with the CAP Subscription shall be owned by Customer, provided that Customer grants to Company the irrevocable, perpetual, nonexclusive, worldwide, royalty -free right and license to use, reproduce, display, distribute internally or externally and prepare derivative works based upon any such data Company collects from Customer. Company shall not use or publish such data in any way that identifies Customer as the source of that data without Customer's prior written consent. The data Company collects from Customer will not include any personal or individual information beyond that required for User access and account management. In providing the CAP Subscription, Company will comply with the Trane Technologies Data Protection and Privacy Policy, which is available at hftps://www.tranetechnologies.com/privacy-policy.html. 13. Data Retention. Upon Customer's written request, Company will endeavor to provide an electronic copy of data collected from Customer, subject to availability. Company will use commercially reasonable efforts to store Customer's data for up to 3 months. There is no guarantee as to the availability of the data. 14. Communications —Analog Modem Facilities. Customer authorizes Company to utilize Customer's telephone line to provide the services and acknowledge that, unless an exclusive telephone line has been provided for performance of the services, the telephone line may be unavailable for Customer's use for extended periods of time while data is being collected from Customer's building systems and equipment. Company is not responsible for any adverse impact to Customer's communications infrastructure. Customer understands that Company will not be able to collect data when the telephone line or other transmission mode is not operating or has been cut, interfered with or is otherwise damaged or if Company is unable to acquire, transmit or maintain a connection over Customer's telephone service. 15. Communications — Ethernet. Customer authorizes Company to utilize Customer's network infrastructure to provide the contracted services and acknowledge that Company is not responsible for any adverse impact to Customer's communications infrastructure. Customer understands that Company will not © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 16 of 20 71 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 w , TX NE X\Irk be able to collect data when network issues do not allow for successfully communications between Company data collection devices and the data sources. Interruption of external Internet communications of longer than 24 hours may result in loss of data and degradation of service levels. Interruption of communications can be classified as failure of transmitting or receiving packet transmissions, interfered with or is otherwise damaged or if Company is unable to acquire, transmit or maintain a connection over network or the internet for any reason including network or ISP outage or other network/ISP problems such as congestion or downtime, routing problems, or instability of signal quality. 16. Logging and Data Mining. Customer grants Company the unrestricted right, but not the obligation, to log web addresses and/or mine other information and/or data relating to services and information accessed or requested (a) to provide better support, services and/or products to Users of Company products and services, (b) to verify compliance with the terms of the Agreement and the Supplemental Terms and Conditions, (c) for use by Company for statistical or other analysis of the collective characteristics and behavior of users, (d) to backup user and other data or information and/or provide remote support and/or restoration, (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including histories or trending of any of the foregoing, and (f) to otherwise understand and respond to the needs of the users of Company products and services. 17. Anti -Virus Prevention. Company maintains antivirus checking software on the network and has a strict policy on checking all software loaded onto the SaaS environment. However, due to the nature of computer viruses, Company is not able to guarantee that provision of CAP Subscription will be virus free. It is Customer's responsibility to ensure that adequate security and antivirus software is in place on all machines accessing the CAP Subscription. 18. Disaster Recovery. In the event that Company experiences a significant problem with CAP Subscription that results in or is expected to result in the loss of service for in excess of 5 working days, Company may transfer the CAP Subscription service to an alternative hosting environment. In the event that Company transfers the service to an alternative hosting environment, Customer acknowledges that the following may occur: There may be a loss of data imported into CAP after the last database backup was taken; CAP Subscription will be provided by a different IP address; while the IF address registered against the domain names is changed, Customer may need to access CAP Subscription via an IP address and not the normal domain name and data collection may not be available. 19. No Warranties. CUSTOMER EXPRESSLY AGREES THAT USE OF CAP SUBSCRIPTION IS AT THE SOLE RISK OF CUSTOMER, END USERS, AND NAMED USERS. COMPANY DOES NOT WARRANT OR GUARANTEE THAT CAP SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CAP SUBSCRIPTION, OR AS TO THE TIMELINESS, EFFICACY, OPERABILITY, COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF CAP SUBSCRIPTION OR OF ANY DESIGN, FUNCTION, PROCESS, OR INFORMATION PROVIDED THROUGH OR BY USE OF CAP SUBSCRIPTION. CAP SUBSCRIPTION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. CUSTOMER AGREES THAT CUSTOMER'S PURCHASE OF THE CAP SUBSCRIPTION IS NOT CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES OR DCAPENDENT ON ANY ORAL OR WRITTEN PUBLIC COMMENTS MADE BY COMPANY REGARDING FUTURE FUNCTIONALITY OR FEATURES. 20. Privacy or Confidentiality. The Company will take commercially reasonable efforts to ensure that data and other parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the internet restricts the Company from offering any guarantee to the privacy or confidentiality of information relating to Customer passing over the internet. In gaining access via the internet, Customer also acknowledges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain confidential. Customer therefore accepts that access and storage of data is at its own risk. Any breach in privacy should be reported by customer to the Company immediately. 21. Intellectual Property. Company retains and reserves all rights, title and interest in and to the CAP Subscription, including without limitation all Company software, algorithms, materials, formats, interfaces and proprietary information and technology, and all other Company products and CAP Subscription, and including all copyright, trade secret, patent, trademark and other intellectual property rights related to the foregoing. No rights are granted to the Customer hereunder with respect to the CAP Subscription or otherwise other than as expressly set forth herein. 22. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF CONTRACTS, SECURITY BREACH, OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES) ARISING OUT OF CUSTOMER'S USE OR INABILITY TO USE CAP SUBSCRIPTION. Should Company nevertheless be found liable for any damages, such damages shall be limited to the most recent purchase price paid by Customer for CAP Subscription. 23. Customer Indemnity. Customer shall indemnify and hold Company harmless from and against any loss, damage, cost (including the cost of any settlement), expense or any liability suffered or incurred by Company arising from or in connection with Customer's use of CAP Subscription service, breach of these CAP Subscription Terms, and Company's possession or use of data, information or articles supplied by Customer to Company, including the infringement of any intellectual property rights resulting from the use or possession by Company of data, information or articles supplied by Customer to Company. 24. Change in Terms and Conditions. Company reserves the right to change the service level agreements, any part of the CAP Subscription offering, or the terms and conditions at any time. (111822) © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 17 of 20 72 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 MME ' APPENDIX SERVICE BEST PRACTICES Trane is completely dedicated to making buildings better. The ongoing pursuit of better buildings, using our long-term domain expertise to push new technologies into everyday use, keeps us at the forefront of the industry. In addition to the services details in the agreement above, we take practical steps every day to ensure our approach is safe and efficient. SAFETY Since 2003, U.S. Bureau of Labor Statistics records have consistently shown the Total Recordable Incident Rate (TRIR) and Days Away From Work (DAFW) for Trane have been significantly lower than those for HVAC repair and maintenance contractors and specialty trade contractors (construction). The company's safety culture in America is unparalleled in the building service industry, with proven results in the continuous reduction of injury rates. Trane incident rates (OSHA) are consistently 50 to 70 percent below the industry average. A wide range of safety training and resources are available to Trane technicians, including: • Safety training-20 hours per year • Electrical safety—NFPA 70E compliant, electrical PPE • Fall protection • Ergonomics • USDOT compliance • Refrigerant management training ENVIRONMENTAL PRACTICES Trane policies and procedures are compliant with all federal and state regulations. Refrigerant (and substitutes) handling, storage and leak repair processes are compliant with Environmental Protection Agency regulation 40 CFR Part 82. Service technicians are Universal -certified and use only certified recovery equipment Refrigerant Management Software (RMS) captures, manages and reports all refrigerant activity at your site. Annually, Trane will send you a report documenting all refrigerant activity that we performed for each piece of equipment during the past 12 months Trane adheres to all environmental regulations when removing used oil from refrigeration units CONSISTENCY Nationwide, Trane technicians follow documented, formal processes that ensure uniform service delivery. As an OEM, Trane has developed exclusive service procedures which provide the most reliable outcomes, and extended equipment longevity, at the most cost-effective price. • Exclusive service work flow processes provide detailed steps and information encompassing parts, materials, tools and sequence of execution • Additional steps addressing safety, quality control, work validation and environmental compliance • Technicians must consistently reference documented processes to ensure no critical steps are skipped or omitted • Applicable service processes meet or exceed ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 18 of 20 73 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 TRANE \` CUSTOMER SERVICE FLOWS The following Customer Service Flows provide additional service description detail for Covered Equipment. Note: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. This section clarifies differences in the work being performed between sites and the equipment on those sites: Service 1: Liebert Annual Inspection Description • CR/DX-110 MAINTENANCE PROCEDURE (COMPUTER ROOM UNITS) Service 2: Liebert Routine Inspection Description • CR/DX-120 INSPECTION COMPUTER ROOM UNITS Service 3: M Series AHU Annual Inspection Description • Customer Notification • Initial Site Safety Inspection • AHU Visual Equipment Inspection • Lock Out Tag Out (Standard) • Electrical Inspection (AHU) • Supply Fan and Motor Inspection (Air Handler) • Meg Supply Fan With VFD • Condensate Inspection • Evaporator Coil Cleaning • Return Unit to Normal Operation • Manual Log With Electronic Device Service 4: M Series AHU Routine Inspection Description • AHU Visual Equipment Inspection • Lock Out Tag Out (Standard) • Remove Access Panels or Open Access Doors • Supply Fan Belt Inspection • Coil Inspection (Climate Changer) • Reinstall Access Panels or Close Access Doors • Remove Lock Out Tag Out • Return Unit to Normal Operation Service 5: Odyssey Annual Inspection Description • Unitary Visual Equipment Inspection • Bearing Lubrication • Condenser Coil Cleaning (Light Commercial) • Meg Compressor Motor • Electrical Inspection • Condenser Fan Check (Odyssey) Service 6: Odyssey Routine Inspection Description • Unitary Visual Equipment Inspection • Condenser Fan Check (Odyssey) © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 19 of 20 74 City of Sebastian (CH & PD) Trane HVAC Service Agreement 2024-2025 Proposal ID: 7789076 FTI?ME ��K, Service 7: Precedent Annual Inspection Description • Unitary Visual Equipment Inspection • Lock Out Tag Out (Standard) • Condenser Coil Cleaning (Light Commercial) • Condensate Drip Pan Treatment • Supply Fan Inspection • Condenser Fan Check • Bearing Lubrication • Electrical Inspection • Seasonal Cooling Start Up • Log Unit Service 8: Precedent Routine Inspection Description • Unitary Visual Equipment Inspection • Log Unit (Unitary) Service 9: Tracer Annual Inspection Description • Summit Panel Annual Inspection Service 10: Tracer Routine Inspection Description • BCU Routine Inspectin Service 11: Voyager Annual Inspection Description • Unitary Visual Equipment Inspection • Verify Line Voltage • Lock Out Tag Out (Standard) • Supply Fan Inspection-IPAK/VOY • Power Exhaust Fan(s) Inspection - Direct Drive • Remove Access Panels or Open Access Doors • Meg Supply Fan Without VFD • Meg Compressor Motor - IPAK/VOY • Electrical Inspection • Reinstall Access Panels or Close Access Doors • Micro Channel Coil Cleaning • Condensate Drip Pan Treatment • Remove Lock Out Tag Out • Pre -Start Check- VOY/PRE • Start Up Condenser Fan Check (Per Fan) • Cooling Check-VOY • Manual Log With Electronic Device • Return Unit to Normal Operation Service 12: Voyager Routine Inspection Description • Unitary Visual Equipment Inspection • Lock Out Tag Out (Standard) • Remove Access Panels or Open Access Doors • Reinstall Access Panels or Close Access Doors • Manual Log With Electronic Device • Return Unit to Normal Operation © 2024 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 20 of 20 75 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of Craft Club of Sebastian 24-25 Events SUBJECT Schedule EXECUTIVE SUMMARY Requested dates are from 10:00 a.m. until 3:00 p.m. The Craft Club of Sebastian agrees to be respectful of any planned Veterans Memorial events that are scheduled for the same day. RECOMMENDATION Approve the 2024-2025 dates for the Craft Club of Sebastian events at Riverview Park. October 12.2024 November 2 & 3, 2024 December 28, 2024 January 11, 2025 February 8, 2025 March 8 & 9, 2025 April 12, 2025 May 10, 2025 ATTACHMENTS: 1. Letter of Request 2. Park Use Permit Application 3. Consumer Certificate of Tax Exemption 4. Receipt FUNDING SOURCE: Expenditure required I Amount Budgeted: Funding source Additional Funds Needed: $ 0.00 76 CRAFT CLUB OF SEBASTIAN, INC Email: rhromllig&vahoo.com Phone: 772 918-3148 Richard Gillmor, President 744 Kroegel ave. Sebastian, FL 32958 TO: City of Sebastian c/o Ron Paul February 18, 2024 This letter is to request the use of Riverview Park for the Craft Club of Sebastian 2024-2025 season. Our mission/purpose: To promote the art of hand crafted arts and crafts. Our club supports local artisans. The handmade items are sold by the artisans. As a not- for- profit 5010 organization, most of our annual proceeds are donated to local charities. We value the continued support of the City of Sebastian to permit the club to utilize this treasured space. We hope that this request will be heard and approved by the City Council. Respectfully submitted Richard Gillmor, President 77 aa�N zoz� S�mse>^j r f OIidzLY 1.111 a _ HOME OF PELICAN ISLA ✓ t/t I /Z Ch�"�9 �` jz/Z8 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION (-P.eV �i " "~— 1225 Main Street, Sebastian, FL 32958 — 8�7 �:,n t' L+) Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, please dial 772.473.0454" NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN Till 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) S400 rent plus 5.5°L tax = S422.00 I a $800 rent plus 5.5% tax = S844.00 plus a $200 Security Deposit $400 Security Deposit 1 Will event require road closures ? 'Must provide detailed site plan with application. 'If requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval Today's Date: r t �� C f Name of Permmittee (permits may only be issued to an adult) Name of Organization (If applicable) r7,Yq Kt mil, v� _ _ Physical Address jMailing Address If Different Sc��c�S/haul ri- r 3 Z`�S�' t77Z 9'I$ 3)1? City equeste Dates) State Q /VC/ gat/,A� Zip F one 6�, � Zo �2vzs Rain Date (if applicable) (/ %e)A02— 3.�'l�1 r_12�oc� - 2-315 Time From - To Anticipated Number of Attendees cr _�+ �cyn� I' ct 0 ;act l,� Reason for Rental = Type of Function E-Mail A dreifs Will the any sale of goods? Yes No (It yes, please describe type of goods on back) Will there DO.food or otter vendors? Yes ✓ No ill yes, please list name, address of each on oack with description and schematic of structuruc (Iunts, ele.) to bu erected or otherwise assembled on back. (May require Health Dept. or Fire Dept. permit) 1.,� I C�(9 I'Cj 1 / CV , the undersigned. acknowledge that t am the applicant or authotaud agent of the above referenced urgamzalwn. I am aware of Ute provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a punnet for a Park Event or Special Event. I have been provided with the general rules proscribed by the City14 agree to the terms thereof. ignatur'e ofApplicalft Park Event or Special Event/Permit Application Rey' 10.26.2023 78 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor IntormaUan on Uft page NAME ADDRESS TYPE OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: Special Event/Park Use Application Rev 01.2021 79 Arribas Nataliae Arthur Amy and Dale Blanchette Carole Cady Joan Campbell Mikky Carmen/Nagel Cookie/Jayne Carelli Fred Cheek Sandy Chorma Pat Daly Eveylyn Dwier Mindy Dyer Heather Fay Victoria Ferraro Marie Francis Renee Frederici Sharyn Fuegel Meredith Gilmore Richard Granholm Georgene Griffin Trudy Hanna Barbara Hay Claire Hernandez Rene Hernandez Jewel & Rachel Inserra Cheryl Kukuika Elizabeth Lawrence Byron Lax David Leshko & Marchione Amanda, Ethel Little Patricia Lund William Mathisen Greg May Cindy and Ron Meyers Jackie and David Millelot Leon aWa3 - Aoa � v 80 Miller Mary Milner Carolyn Moore Tara Morrissey Linda Nason Katharine Palumbo Lou Paniourgios Brenda Perley John Presley Diane Ratkowski John Ritter Liz Rosecrants Kristin Schipul Ellen Schutt Penny Seib Jean Stark Nancy Strawser Bruce & Edith Tomaselli ClareMarie VanBurger Patrick Weinstein Linda 81 .. - - City of Sebastian Home of Pelican Island City of Sebastian Municipal Police Department Application 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 u nun -binding agreement. A minimum of rive (5) days advance notice is requested prior to the service date and advanced puyntent is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebusliatt, Florida 32958. *** (3) flour ivlinimtun Per Each Officer Required*** Rule Per Hour For Each Officer includes murked unit ..............$60.00 Holidav Rate ................... $65.00 Rate Per flour For Each Supervisor includes narked unit ........... $70.00 ,,�� Holiday Rate ..................... $75.00 �hhlic:utl: 41efr w v Mailing Address: City: State: ZipCode: Requested By: Telephone Numbers: (1 Officer is required for attendance of 75 to 151) : 2 - Officers are required for attendance of 151 to 300) Number of Officers required: lu t niform: Plain Clothes: Initial Date: slarl finic: End Time: Second Date: St:u I l inic: End Time: Third Date: Staff i'i,uc: End Time: Services Requested: Service Location: Estimated Attendance: Alcoholic Beverages Served: Yes No Type Other Comments or Duties: Date Received Applicant's Signature I'lease appl.s uttlinc uuce you ha%c been appro%ctl: lit tus:/Ireuuests.detailkoininander.cont/sebastiatt Reviewed By Comiliand Stnf, Officer's Signature Officer's Comments Date Worked Time Worked 82 M 00 Z U °l+,) r o --) pU � M/Wn q, Uo a h,AroA sa s 3 ' ea � 57�ya o��►�� -fi��oa,� ,�puad p � �i -fir 9 �1 + '` Y se r" IL CITY OI' STAN no.%u: or rmic&m IsLANO 01JUMN 1 OLYAxnaLM I IILL PALVrNI ION Of WE I::a a1ALV sh ILLI:1 • SLCASI LAN. I I.OA,YA r1:110- UMONL. Irnl Y4 W1 I'AX (r a�V rll 3w SPECIAL EVENT / PARK USE ONLY PERMIT TECH. —a = I PERMIT NO. M , Q U /% it Application date 2 / ( 3 / D� Name of event: L h CS t Fc�I r /y Organization holding event: G r'd(` Address location for event: 1\ ► l e r v ) i'IAJ ' -? v 1AIrjt (if not owner of site, provide written consent from property owner) .A �f C nih 2Chz§_ Date(s) of event: �N~ J/ _ f 20� y r Yime(s) o Event: from: to: Contactperson(s): %� Ic4N V j�) iY�C% Phone(s): (772) I 3) 4 Contact e-mail address: �h Ir Owl I (� (F)r6eX) I Co%n Date when ready for inspection: 1 ft�a Time: (� r APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCII SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTI,OONAIRE 1. Location of cooking snown on attached sketch? YES _ N/A 2. Is any cooking taking place under a tent? If yes, Explain: '/ L/ (No + 0 Ing permitted under a teni) 3. Describe Number, type and size of cookers 2 Food 'J<4,4W tea. I I ce Ceti ✓e> 161 d- a �vet�Xe W�j�,•J 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) SPECIAL EVENT SITE INFORMATION 1. Number of On -Site parking stalls utilized (provide a parking plan) 2. Is Off -Site or overflow parking available? Explain (provide agreements with property owners) 84 L Nundwr, type and locatiaa of proposed restroom fadlttim 2. Number and Type of temporary structure(s): (4n,P r ox . '4 0 3. Temporaryetectric power? Please dt0dc Yes Provided Or. Portable Generator H other, please describe: 4. Providing aowd conU4 Security, or PuknB assistance? Yes If yes, Please describe; S. Estimated attendance at peak time: sbe(sk / o X to t—eouk No k' other No Ile only Items that in accordance wltb awft le Rands statutes and city ordinances wW be permitted to be sold in the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE 01 THE CITY OF SEBASi1AN. SPARKLERS AS DEFINED IN F.S. M MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CRY OF SEBASTWN. Any vendor found In non-cotn0ance with the Florida Fire Prevention code and any amodated NFPA may not be able to open and/or operate uaW the vendor corrects dw code vfolatlon[4 I HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUO MENTS ARID VENDORS SAFETY CHECKLIST APPLICANT'S SIGNA4RS PRINTED NAME: Approved: Dented: By: Date: Qq manaws SlgM=e Dented: By: ROD mars stgnature fire Safety SR@&Ity Fees Small Special Rvent. One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 Remcurrina Special Event: Non-consecutive but reoccurring one day Special Event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 Good for 120 days / Up to 6 per year (may be extended With proper notice) Large SRM!al Event: All other Special Events NO FEE $60.00 (per event depending on d of inspections) •• ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH iRC TITRE RESCUE'• $60.00 (per event) Fl E-V CITY OF SEEN ..L or rur w bums SUAD0.0lrAXIM a Luc nu�ur►wa�rl �wwwltun•"uuIw..nwuow.u� '- \I)OIj� l�lll.0 I��.iJ 1 1tUl-W Alms WI#AAWnw.:Jw • 1- SPECIAL EVENI' VENDOR REOUIREtNIEN'l'S, General: Please read carefully f initial each section and sign at the oottom. All vendors shall be responsible for the following items: l �.f��h o� f ��► SPECIAL EVENT NAME' ►' � aST F[� i` � VENDOR NAME C i�0 Sej" r_ _ _ / -- - -- DATE(SI OF EVENT: -2 Nit � 0C'r AO MAY lC�zr VENDOR CONTACT: f h/t V& 1 `M EVENT COORDINATOR I ch�z v ^ I 1 SPECIALEVENr PEttAHI NU. IT : All tents shall have some type of �L:me Retaraant or Resistant Conihcatu (TAG or PAPERWORKi on -site and submitted to the Fire noon Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must spaced a minimum of 4 ft. apart. No smoking allowed in any tent. �G TENTS: Tents are allowed to have cooking (APPROVED APPLIANCLSi along the outer edges of the tent. LP gas tanks must be secured ill (place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 1011. from tents with gas Imes secured. All cooking vendors shall have a 100. separation from all other non -cooking vendors. NO DEEP FRY114G UNDER TENTS. ;f�1NGUISHERS: It is recommended that every vendor have an extinguisher. At least one currently certified and lagged, or within one year of a ufacture date. extinguisher is required every 75 ft along event walkways. All vendors who are cooking and/of using generators are requited to have at least one Sib ABC currently certified and taggea. or within one year of tnanutactuw date. (2A10BC) oxtingulsnur. All vendors who are deep fat frying are required to have at least one currently lagged Class K extinguishei. ji/G: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a nununum of 311. wide walkwayb to all exits in the tent. Tents with an occupant load of over 49 require a minimum of 2 exits. ENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a lent is used at flight, exit signs will how., (f W, atlaachheea�a emergency lighting and be AC and DC powered. 20x20 or larger tents roust have NO SMOKING signs. �AIVIES:'�Fgf�FLAny unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any lent or similar enclosure unless prior approvalfromthe Fire Prevention Office is obtained. t,4GE: Use or nandling of flammable liquids or gases shall be prohibited at the site unless specifically approved and Inspected by the Fire eventi Of" e. No ha straw, shavings or similar materials shall be permitted to be used within an structure, lent or canopy. Exceptions: Pro. V � y, 9 Y approved (lame relardanl treated materials or livestock beddingifodder. TORS: Generators shall be on level ground, secured, and safely arranged and Isolated from the occupanlslgeneral public. Exhausl shall be erect d away from combustible material(s), people andlor animals. Spare fuel shall be stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. SURIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupants/general public in a safe manner. All electrical connections and devices shall be in approved enclosures. : All food cooking concession trucks. trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation #.and systems it required per the FFPC and NFPA 96. Code References: Flonda Fire Prevention Cade (FFPQ, NFPA 1, NFPA 96, NFPA 70. NFPA 101. a NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open and/or operate until compliance is made. have it if ar tno above vendor requlfen101115 for this Special _vrUrl (Responsible Patty in Charge of Special Event) 86 I DATE (MMIDDIYYYY) A� RLY CERTIFICATE OF LIABILITY INSURANCE 05/01/2023 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME' Lynn Williams Justine Rodgers Signature Insurance PNONt 1: (772) 778-9970 FAX Justine No): (772) 365-0441 EMAIL nn st 2010 6th Avenue ADDRESS: IY natureinsurancevb.com @ 9 I INSURER(S) AFFORDING COVERAGE NAIC d Vero Beach FL 32960 INSURERA: SOUTHERN OWNERS INS CO (10190) 10190 INSURED Craft Club Of Sebastian Inc 6279 N Mirror Lake Dr INSURER B : INSURER C : INSURER D : INSURER E : Sebastian FL 32958-8438 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP IYI LIMITS LTR INSR WVD POLICYNUMBER IMMIDDYYY) IMMIDDIYYM X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE ❑X OCCUR A Y GEN'L AGGREGATE LIMIT APPLIES PER: POLICY D PRI LOC OTHER: JECT AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA UAB OCCUR EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTiVE OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) If yyes, describe under 46RIPTION OF OPERATIONS below EACH C,(tRRENPE 9 $ 1,000,000 DACH,6 REN ED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 72707588 04/28/2023 04/28/2024 I PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,COO PRODUCTS -COMPIOPAGG $ 1,000,000 S COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (PROPERTY DAMAGE (Per accident) $ S EACH OCCURRENCE $ AGGREGATE $ IPR TH- STATUTE I I ER EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aftached if more space Is required) Certificate Holder is also Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORIZED REPRESENTATIVE Attention: Ron Paul Sebastian FL 32958 ©1988-201 S ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 87 Consumer's Certifica•.e of Exemption !I lsuuod Pursuant to Chapter 212, Florida Statutou FIMIDA 85-801805228BC-3 Cstl(:cate Number Thls certifies that CRAFT CLUB OF SEBASTIAN. INC 6279 N MIRROR LAKE DR SEBASTIAN FL 32958-8438 DR-14 R. 01/18 05101/2020 I 05/31/2025 501(C)(3)ORGAN I2ATION Effective Date Expliattan Date ExumpUan Cata3ory is exempt from the payment of Flonda sates and use tax cn real property rented, transient mntaJ property rented, tangible personal proporty purchased or rented, or sarvtces purchased. Ij important Information for Exempt Organizations R. 01118 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038. Florida Administrative Coda (F.A.C.). 2. Your Consumar's CerU(Icate of Exemption is to be used solely by your organization tar your orgunization's customary nonprofit activities. 3. Purchases made by err Individual on behalf of the orguni:adon are taxable, even it the individual will bo wimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to otherii of tartglbtp personal property, sleeping accommodations, or other rual property Is taxable. Your organization must register, and collect and remit sales and use tax on such taxabiu transactions. Note: Churches are exempt irom this (cquiromont oxcapt when they are the lossor of real property (Rule 12A-1.070t F.A.C.). 5. It is a criminal otfense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstar ff- should this certificate be used for the personal benefit of any individual. Violators will ba Ilablu for payment of the sales tax plus a penalty of 200% of the tax, and may be subjuct to conviction of a third-dograu felony. Any viclation will require the revocation of this cortificatu. 6. If you have questions acout your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address Is PO Box 6480, Tallahassee, FL 3231.1-6480. 111) '' City of Senastian SEAT!-W. 1225 Main St. Sebastian, FL 32958 1 (772) 589-5567 HOW OF PELICAN ISL>Nl? *** Customer Receipt *** Date: 4/8/2024 Project Number: 24-847 600 U S hJGHWAY 1 ScD)-KJ i 0AN FL 32958 Paid By: Craft Club of Sebastian Richard Gillmor 744 Kroegel Avenue, Sebastian, FL 32958 Payments Payment ID Ileceived (Date Payment Type Reference Num Fee Quantiy Amount Park Event 0.0000 S400.00 13160949 4/8/2024 Check 1082 Fire Special Event 2.0000 5120.00 Park Event 0.0000 $400.00 Pavilion 0.0000 $200.00 Carts 9.0000 $900,00 $2,020.00 Total 1 11.00001 $2,020.001 *** Thank you for your payment *** THIS IS NOT A PERMIT. This receipt does not authorize you to begin construction on your project. 89 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE September 25, 2024 }�- TO Honorable Chairman and Board Members THRU Brian Benton, City Manager FROM Ken Killgore, Finance Director SEBASTIAN Consideration of Resolution No. 25-01 Adopting the Riverfront Community Redevelopment Agency (CRA) < E N T E N N I A L C E L E 0 R A T I 0 N Budget for the Fiscal Year 2024-2025 1924.1014 SUBJECT EXECUTIVE SUMMARY In accordance with Florida Statute § 189.418(3), a Community Redevelopment Agency (CRA) "shall adopt a budget by resolution each fiscal year." The Recommended Budget for Fiscal Year 2024-2025, beginning October 1, 2024 and ending September 30, 2025, is included as EXHIBIT "A" to the Resolution for the CRA Board's consideration. The recommended operating expenditures, grants and aids and transfers for capital projects budget for the CRA is $940,335. The total tax increment revenue is projected to be $579,875. Capital expenditures include matching funds on Grants for design and construction of numerous projects to include: Working Waterfront Expansion, Working Waterfront Dry Line Replacement, Main Street Boat Ramp Dredging, Main Street Shoreline Stabilization and Twin Piers Dry Line. Funding is also being allocated for CRA Maintenance Equipment as the City will take over the landscaping maintenance within the CRA public areas. The CRA budget is also incorporated in the Annual Budget for the City of Sebastian as a Special Revenue Fund, which is also scheduled for final approval at this meeting. RECOMMENDATION Staff recommends approval of Resolution No. 25-01 ATTACHMENTS: 1. Resolution No. 25-01 2. Exhibit A FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $940,335 $940,335 CRA Budget and Grant Opportunities Additional Funds Needed: $ 0.00 90 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO.25-01 A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025; MAKING FINDINGS; AUTHORIZING BUDGET AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Sebastian has submitted a budget for the City of Sebastian Community Redevelopment Agency (CRA) for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025; and WHEREAS, the Budget includes estimated expenditures necessary to carry out the functions of the CRA for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025; and WHEREAS, the Budget includes the estimated revenues to be received by the CRA during said period from all sources, including tax increment funding ("TIF"); and WHEREAS, the CRA has examined and carefully considered the proposed budget in a duly assembled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1. APPROVAL OF BUDGET FOR FY 2024/2025. The City of Sebastian Community Redevelopment Agency does hereby adopt, confirm and approve the budget attached hereto as Exhibit "A" as the budget for the CRA for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025. SECTION 2. FINDINGS. The governing board of the CRA does hereby find that: (a) The budget adopted has been prepared in accordance with generally accepted accounting principles; and (b) The estimated revenues to be received by the CRA during the Fiscal Year beginning October 1, 2024, and ending September 30, 2025 from all sources, including tax increment funds, equals the total of appropriations for expenditures and for reserves during said period; and (c) The budget will regulate expenditures of the CRA and no expenditures or contracts for expenditures shall be made except in pursuance of budgeted appropriations; (d) The budget is adopted in accordance with Section 189.418, Florida Statutes. SECTION 3: AUTHORIZATION FOR BUDGET AMENDMENTS. In order to effect an orderly year-end closeout of all financial books and records for the CRA, the City of Sebastian City Manager is hereby authorized and directed to increase the corresponding line item appropriations in the budget to the extent of those purchase orders which shall have been issued prior to September 30, 2024, but shall not have been filled prior to that date, and is authorized and directed to pay all such purchase orders upon receipt of the goods or services therein specified from the funds so appropriated. The City of Sebastian City Manager is hereby further authorized and directed to increase the budget appropriations to the extent of any unexpended balances from state, federal or other grants as of the end of business on September 30, 2024, and to the extent of any unexpended balances, whether or not encumbered, outstanding in projects or programs as of the end 91 of business on September 30, 2024 and all such balances shall be appropriated to the corresponding accounts in the same funds in which they were outstanding as of September 30, 2024; and the City Manager shall be authorized to expend such appropriations for the purposes approved by the CRA in connection with such state, federal or other grants, and projects. The City Manager shall, prior to December 31, 2024 report to the CRA all such purchase orders, grants and projects. Corresponding changes in the anticipated revenue accounts are hereby authorized. SECTION 4: AUTHORIZATION FOR BUDGETARY TRANSFERS. The City Manager is hereby authorized and directed to maintain and amend the budget so as to reflect the anticipated revenue and the appropriation of, and expenditure of, all grant funds and bond proceeds committed to, or received by the CRA subsequent to September 30, 2024, and prior to October 1, 2025, in accordance with the directions of the CRA as to the appropriation and expenditure of such grants and bond proceeds as and when received. The City Manager shall have the authority to transfer appropriations from one line item to another line item of the budget, so long as the total appropriations shall not be increased thereby. Transactions affecting total appropriations, other than those authorized herein in other sections shall require the prior approval of the CRA. Any such transactions are subject to any restrictive statutes or ordinances, including those authorizing the issuance of any outstanding bonds. SECTION 5: CONFLICTS: All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 6: SCRIVENER'S ERRORS: Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 7: EFFECTIVE DATE: This Resolution shall become effective October 1, 2024. The foregoing Resolution was moved for adoption by CRA Board member . The Motion was seconded by CRA Board member and, upon being put into a vote, the vote was as follows: Ed Dodd, Chairman Kelly Dixon Fred Jones Bob McPartlan Christopher Nunn The CRA Chairman thereupon declared this Resolution duly passed and adopted on this 25th day of September, 2024. CITY OF SEBASTIAN, FLORIDA I0 ATTEST: Jeanette Williams, City Clerk Chairman Ed Dodd Approved as to form and legality Jennifer Cockcroft, City Attorney 92 CITY OF SEBASTIAN, FLORIDA 2024/2025 ANNUAL BUDGET COMMUNITY REDEVELOPMENT AGENCY City of Sebastian Community Redevelopment Agency was created by City Ordinance in 1995, pursuant to Section 163.387, Florida Statutes. The purpose of the Community Redevelopment Agency is the removal of blighted areas and the development of such areas, pursuant to the Community Redevelopment Act of 1969. COMMUNrFY REDEVELOPMENT AGENCY REVENUES Code: 140010 Amended Account FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 23/24 FY 24/25 umber Aescriatlon Actual Actual Actual Budeet Pro ected Budeet TAXES 338200 Tax Increment Revenue - Sebastian 215,305 192,832 195,885 223,569 223,665 274,802 338200 Tax Increment Revenue - County 242,367 192,832 274,075 248,196 248,303 305,073 TOTAL TAXES 457,672 385,665 469,960 471,765 471,968 579,875 NUSCELLANEOUS REVENUE 361100 Interest Income 1,267 4,562 12,521 8,000 15,000 15,000 361105 SBA Interest Eamings 200 1,251 6,468 3,950 7,000 7,000 362100 Rents and Royalties 36,000 36,704 35,701 16,500 24,144 12 366000 Contributions & Donations 0 0 0 TOTAL NUSCELLANEOUS REVENUE 37,467 42,517 54,690 28,450 46,144 22,012 NON -REVENUE SOURCES 381001 Transfer from General Fund 0 0 0 0 0 0 389991 Fund Balance Carried Forward 0 0 0 88,401 0 338,448 TOTAL NON -REVENUE SOURCES 0 0 0 88,401 0 338,448 TOTAL RIVERFRONT REDEVELOPMENT 495,139 428,182 524,650 588,616 518,112 940,335 \.No.' 00 93 I CITY OF SEBASTIAN, FLORIDA 2024/2025 ANNUAL BUDGET 02 1".." COMMUNITY REDEVELOPMENT AGENCY EXPENDITURES Code:140051 Amended Account FY 20121 FY 21/22 FY 22/23 FY 23124 FY 23/24 FY 24125 Number Description AEtnal Actual Actual Bu. deet Pro ected Budget OPERATING EXPENDITURES 533100 Professional Services 5,000 5,000 9,000 5,000 5,000 5,500 533120 Consultants 0 0 0 50,000 50,000 50,000 533200 Audit Fees 5,000 5,000 5,000 4,000 4,000 4,000 533201 Admin Svcs Provided by the GF 89,725 92,655 62,431 67,573 67,573 149,680 533400 Other Contractual Services 96,195 97,842 97,842 99,942 80,142 19,000 534000 Travel and Per Diem 0 0 511 1,200 1,188 1,200 534120 Postage 7 0 0 0 0 0 534400 Rents and Leases 4,302 4,429 5,310 6,000 5,440 4,800 534698 Other CRA Maintenance Expenses 0 11,685 11,581 12,750 24,000 1,080 534699 Maint Expenses 18,020 19,044 5,375 16,300 4,000 3,150 534830 Special Events Expense 32,125 45,369 49,510 0 0 0 534920 Legal Ads 279 123 123 300 171 200 535310 Road Materials and Supplies 0 0 0 3,700 3,696 0 535410 Dues & Memberships 795 795 795 795 795 795 545450 Training and Education 0 395 395 1,800 1,600 1,500 535710 Non -Ad Valorem Taxes 1,478 1,583 1,827 2,010 1,895 2,085 TOTAL OPERATING EXPENDITURES 252,927 293,921 249,701 271,370 249,500 242,990 GRANTS AND AIDS 820100 Fagade/Sign Improvement Program 5,323 8,049 0 71,951 40,000 25,000 820200 Sewer Connection Program 0 0 0 0 0 128,845 TOTAL GRANTS AND AIDS 5,323 8,049 0 71,951 40,000 153,845 NON -OPERATING 909132 Interfund Trfr to CIP Fund 320 137,415 15,266 8,550 116,450 116,450 543,500 909363 Interfund Tdr to CIP Fund 363 36,890 34,306 5,000 0 0 0 909990 Unappropriated 62,584 86,640 261,399 128,845 112,162 0 TOTAL NON -OPERATING 7.36,889 136,212 274,949 245,295 228,612 543,500 TOTAL RIVERFRONT REDEVELOPMENT 495,139 428,182 524,650 588,616 518,112 940,335 101 94 RIVERFRONT CRA FUND PROJECTED BALANCES FISCAL YEARS 2025-2030 Tax Increment from City (5% Growth) Tax Increment from County fie►' Correction to County for FY21-22 FY22-23 Rents FIND Grant Irwestmenl Income PROJECTED REVENUE Sign Improvement Program Sevier Correct Program' Special Events Operating Experxlitures Working Waterfront Docks Submerged Land Lease Expansion SwinglBench Park Woridrg Waterfront Dry Line Twin Piers Dry Lino CRA Maintenance Equipment Main Street Boat Ramp Dredging Main Street Shoreline StablIbmilon Kiosk Signs Pedestrian Crossing Signs Central Avenue Catalyst Site TOTAL EXPENDITURES FY23 TOTAL EXPENDITURES FY24 TOTAL EXPENDITURES FY25 TOTAL EXPENDITURES FY26 TOTAL EXPENDITURES FY27 TOTAL EXPENDITURES FY28 TOTAL EXPENDITURES FY29 TOTAL EXPENDITURES FY30 BEGINNING FUND BALANCE BUDGET RESERVE - 5% OF TAX INCREMENT UNRESTRICTED RESERVE BALANCE ANNUAL REVENUES ANNUAL EXPENDITURES ENDING FUND BALANCE petall on Ooeratlno Exoendltures: Indian River County Tax Assessor Appraisal Design Fish Market/Museum Structural Engineer Consultant Audit Fees Clay of Sebastian Adm!rtstration Landscaping Travel Submerged Lard Leases Working Waterfront Maintenance Other Facility Maintenance - Crab E Bins Legal Advertisements Crosswalks Special District State Fee Florida Redevelopment Association Dues Training and Education Landfill Fee for Fisherman's Landing Total Operating Expenditures FY 22.23 FY 23-24 FY 24-25 FY 25.26 FY 26-27 FY 27-211 FY 2&29 FY 29-M $ 195,865 $ 223,665 $ 274,802 $ 288.542 $ 302,969 $ 318118 $ 334,024 $ 350.725 195,885 248.303 305.073 320.327 336,343 353.160 370,818 389.359 78.190 35,701 24,144 12 12 12 12 12 12 60,000 415,0D0 440.000 250.000 18,989 22.003 22.000 5.844 10.653 23.676 31,163 49.034 $ 524,650 $ 576,112 $ 1,016,887 $ 1,054,725 $ 899,977 $ 694.965 $ 738,016 $ 789,129 40,030 26,0D0 25.000 25,000 25.000 25,000 25.000 5,000 128.846 49,510 - - 200,191 249,600 242,990 178.480 183.108 188,019 192,926 197.980 120,0D0 5DD,000 500,000 503.000 8.550 41.450 35,0D0 50,0D0 60,000 123,500 150,000 1D0,0D0 200.000 24,300 1D0.000 15,000 5,000 5,0D0 5,000 5,000 5W,000 $ 263,251 $ 525.250 $ 1,355,335 $ 908,480 $ 713.106 S 718,019 8 217,928 $ 372,980 $ 627,885 $ 889.285 $ 94Z147 $ 603.699 $ 749.943 $ 936,815 S 913,761 $ 1,431,951 19,569 23,598 28,994 30,443 31.966 33.%4 35,242 37.0D4 S 608,296 $ 665,686 $ 913.153 $ 573,255 $ 717.978 $ 903,251 $ 878.519 $ 1,394,847 524,650 578,112 1,016.887 1,054,725 W9,977 694,965 736.016 789,129 263,251 525,250 1,355.335 908,480 713.106 718,019 217,926 372,980 5 869,696 5 918,548 $ bf4,705 5 119,5W 5 904.649 5 880.197 $ 1,396,6W 5 1.610.9913 $ 5,0D0 S 5,000 $ 5,500 $ 5.500 $ 5.500 $ 5,500 $ 5,500 $ 5,5W 4,p00 - 50,000 - 50,000 5,000 4,000 4.000 4.000 62.431 67,573 149,680 154,170 97,842 80.142 19,000 511 1,188 1,200 1,200 5.310 5.440 4,830 4,8W 11.581 24.000 1,080 1,080 5.375 4,000 3.150 3,150 123 171 200 200 3.698 175 175 175 175 620 620 an 620 395 1,600 1.500 1,500 1 A27 1,895 2.085 2065 S 200.190 $ 249,500 $ 24ZM $ 178,480 $ 4,000 4.000 4.000 4,0D0 158,796 163,559 168.466 173.520 1,200 1,200 1,200 1,200 4.800 4.950 4,9W 4.950 1,080 1,D8D 1,080 1,080 3.150 3.150 3,150 3.150 200 200 200 200 175 176 175 176 620 620 620 620 1,500 1,500 1.500 1,500 2,085 2,085 2,086 2,085 183,108 $ 188.019 $ 192,926 $ 197.980 �0 95 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director SUBJECT EXECUTIVE SUMMARY Consideration of Ordinance No. 0-24-17 on 2°a and final reading - Proposed Land Development Code Amendment Section 54-4- 21.C.4. Use Restrictions for Outdoor Storage Facilities as a Conditional Use in the Triangle Overlay District; Section 54-2- 6.4(28) Specific Criteria for approving a conditional use; Section 54-5-22.2 Definition of terms, defining Outdoor Storage Facility. In 2005, City Council approved Ordinance 0-05-13, which removed specific Permitted and Conditional uses in both the Triangle Overlay Commercial General and Industrial zoning districts in consideration towards the future vision and development goals within the Triangle Redevelopment Area. Among the uses removed, those included were Mini -storage, Storage Facilities, Industrial Activities (Outdoor Storage), and Wet/Dry storage of boats. In April 2024, City Staff received an application for textual amendment to Section 54-4-2 LC.4. Use Restrictions to allow for outdoor storage facilities and mini -storage facilities as Conditional Uses in the Triangle Overlay District as well as Section 54-2-6.4 of the Land Development Code - Specific Criteria for approving a conditional use. Currently, the City's Land Development Code regulations prohibits outdoor storage facilities within the Triangle Overlay District; however, they are permitted in the regular industrial zoning district. The applicant is requesting that these uses be allowable in the Triangle Overlay District by conditional use as well as providing for a new definition and increased buffing requirements. Staff has provided proposed updates to the specific criteria of approving a conditional use as well as an updated definition for Council's consideration. At the August 1, 2024 Planning and Zoning Board Meeting, a public hearing was held. At the conclusion of the public hearing, the Board unanimously recommended denial of the proposed Land Development Code textual amendment. At the August 28' City Council meeting, Council recommended revisions to the proposed text which are being presented this evening. RECOMMENDATION Staff recommends approval of Ordinance 0-24-17 ATTACHMENTS: 1. Ordinance 0-24-17 2. Business Impact Analysis Exemption 3. App lication 4. P&Z minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: S 0.00 ORDINANCE NO. 0-24-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-4-2I.C.4. USE RESTRICTIONS FOR OUTDOOR STORAGE FACILTITIES AND MINI -STORAGE FACILITIES AS A CONDITIONAL USE IN THE TRIANGLE OVERLAY DISTRICT; LAND DEVELOPMENT CODE SECTION 54-2-6.4(28) SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE; LAND DEVELOPMENT CODE SECTION 54-5-22.2 DEFINITION OF TERMS, NEW DEFINITION OF OUTDOOR STORAGE FACILITY; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public interest to modify and update certain provisions of the code relating to Outdoor Storage Facilities in the Triangle Overlay District; and WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to regulate the location and operation of Outdoor Storage Facilities in the City; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the City Council has determined that given the potential impact from Outdoor Storage Facilities on the surrounding area, said facilities should be allowed within specific zoning districts as a conditional use; and WHEREAS, the City Council has determined that it is advisable and in the public interest to consider location, site and operational requirements, and other standards in regard to the location and operation of outdoor storage facilities as a conditional use; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: 97 Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. Section 2. Textual Amendment. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment l: ARTICLE XXI. PERFORMANCE OVERLAY DISTRICTS DIVISION C. SEBASTIAN BOUVLEVARD TRIANGE OVERLAY DISTRICT REGULATIONS Sec. 54-4-21.C.4. Use restrictions. Notwithstanding the provisions of section 544-21.1, the permitted and conditional uses within the various zoning districts of this Code shall be modified for the Sebastian Boulevard Triangle Overlay District to list as follows: CG Zone Permitted uses: Cultural or civic facilities. Churches. Clubs and lodges, public and private. Business and professional offices, excluding drive -through facilities. Medical services. Commercial retail < 20,000 sq. ft. Plant nurseries. Restaurants, excluding drive -through facilities. Trade and skilled services. Hotels and motels. Administrative services, public and private. Accessory uses to permitted uses. Home occupations. All uses permitted within the RM-8 Zoning District. Conditional uses: Bars and lounges. Commercial retail > 20,000 sq. ft. Business and professional offices with drive -through facilities. Farmer's markets. Funeral homes. Nursing homes. Child care services. Utilities, public and private. Parks and recreation, public. Protective and emergency services, public. Restaurants with drive -through facilities. Veterinary services. Wholesale trades and services. Commercial amusements, enclosed. Accessory uses to conditional uses. Vehicular sales indoors. Gasoline sales as part of retail operation. Parking garages. Outdoor Storage Facilities PS Zone {No changes}. IN Zone Permitted uses: Business and professional offices, with or without drive -through facilities. Commercial retail < 5,000 sq. ft. 99 Commercial amusements, enclosed. Plant nurseries. Restaurants with or without drive -through facilities. Trades and skilled services. Wholesale trades and services. Veterinary services. Clubs and lodges, public and private. Administrative services, public and private. Accessory watchman facilities. Medical services. Accessory uses to permitted uses. Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels. Protective and emergency services, public. Parks and recreation, public. Parking garages. Utilities, public and private. Commercial amusements, unenclosed. Flea markets. Electronics, research and development, and similar uses < 5,000 sq. ft. Vehicular sales enclosed. All uses permitted within the RM-8 Zoning District. Accessory uses to conditional uses. Outdoor Storaae Facilities 100 Amendment 2: ARTICLE VI. CONDITIONAL USE CRITERIA Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: 28A Outdoor Storage Facilities a. Applicable zoning districts. Outdoor Storage Facilities shall be permitted as a conditional use in the following zoning districts: CG and IN b. Conditional use criteria. Outdoor Storage Facilities will be allowed provided the following_ conditions are met: 1. All setbacks of the respective zoning_ district shall be used except in no case shall the setback be less than 25 feet. 2. Screening: (a) All side and rear vards shall be screened in accordance with the standards established in section 54-3-14.16 of this chapter. (b) Increased Landscape Buffer. Except for driveway_ s and signage, Outdoor Storage Facilities shall have a minimum 25 foot -wide opaaue vegetative buffer along all property lines, with additional plant materials if not naturally opaque. 3. Automobiles, trucks and recreational vehicles may be stored in designated areas as shown on the approved site plan. All other proposed outside storage shall be reviewed and approved by the planning and zoning commission. 4. One management office may be included provided it does not exceed 400 sa_uare feet. 5. No Business Tax Receipt other than for the main use (storage) shall be permitted. 6. No sales, garage sales, manufacturing or repair is permitted. 7. There shall not be any storage of flammable, toxic, highly combustible or other hazardous materials or substances 101 Amendment 3: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Outdoor storage. The keeping in an unroofed area of any goods, material, or merchandise in the same place for more than 24 hours. The parking of motor vehicles, in operating condition which are used in the operation of a commercial establishment shall not be considered outside storage. Outdoor Storage Facilitv. Anv real nronerty designed and used for the purpose of renting and leasing individual narking spaces for storage to tenants who are to have access to such space for the purpose of storing and removing personal property. Primarily for the keening, or narking of motor vehicles, nick -up trucks, recreational vehicles and boats. Parapet. That portion of the facade which extends above the roof line. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Repeal of Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the Ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 102 Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2024. ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK CITY OF SEBASTIAN, FLORIDA IN ED DODD, MAYOR Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY 103 Business Impact Estimate Exemption Proposed ordinance's title/reference: AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-4-21.C.4. USE RESTRICTIONS FOR OUTDOOR STORAGE FACILTITIES AND MINI -STORAGE FACILITIES AS A CONDITIONAL USE IN THE TRIANGLE OVERLAY DISTRICT; LAND DEVELOPMENT CODE SECTION 54-2-6.4(28) SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE; LAND DEVELOPMENT CODE SECTION 54-5-22.2 DEFINITION OF TERMS, NEW DEFINITION OF OUTDOOR STORAGE FACILITY; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. If one or more boxes are checked below, City has determined is not required by state law* for the proposed ordinance, because the ordinance meets one or more of the following: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or x❑ The proposed ordinance is enacted to implement the following: 0 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; ❑ b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; ❑ c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or ❑ d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. *See Section 166.041(4)(c), Florida Statutes. 104 CIIYOF SERA Quo- UIAN HOME OF PELICAN ISLAND COMMUNITY EVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org DEVELOPMENT REVIEW APPLICATION ❑ Comp Plan Land Use Amendment ❑ Comp Plan Text Amendment (Large Scale) 1, Land Development Code Text Amendment ❑ Comp Plan Land Use Amendment ❑ Rezoning (Small Scale) ❑ Annexation Project Name: Total Site Area: 6.56 acres Acres\SF Parcel ID: 31390700000300000009.3; 31390700006000000004.0; and 31390700006000000003 .0 Existing Address of Site: Sebastian Blvd., 200 & 203 Sebastian Boulevard, Sebastian, FL 32958 Proposed Address of Site: Sebastian Blvd., 200 & 203 Sebastian Boulevard, Sebastian, FL 32958 Proposed Use: Outdoor Storage Facility and Mini -Storage Land Use: CG/Mixed Use Zoning: CG/Triangle Overlay Contact Name: William, Todd, and Daniel Brognano Address: 519 S Easy St, Sebastian, FL 3295 Telephone: (772)589-1299 Email: ameronh@aol.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: 1 1 Address: V, v , S o $ g S-�>Jn3�► ' +-''1 Telephone: Z c1- 1 Z6i`) Email: r Q'�' Id U L- • (.a"' Date Received: Fee Paid: Received by: G:u :. 105 Su1v yor: Know It Now ddr ss: 5220 US Hwy 1, #104, Vero Beach, FL 32967 Tel phone: (772) 205-5677 Emai : orders@kinsurveyors.com Eng n er: Schulke, Bittle & Stoddard ddr ss: 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Tel phone: (772) 770-9622 Emai : info@sbsengineers.com Pre — Application Me ting Date: DESCRIPTION OF PROPOSED PROJECT: At the 3.76 acre site on Sebastian Blvd. (Parcel ID No. 1390700000300000009.3), we plan to construct and develop an "Outdoor Storage Facility" for household boats and M. LDC text amendments are required to add a "Outdoor Storage Facility" as a conditional use within the CG/Triangle Overlay Izoning district and a definition of same. At 200 & 203 Sebastian Blvd, we plan to sell the properties to a buyer interested in constructing a mini-storagel facility. An LDC text amendment is required to insert mini -storage as a conditional use within the CG/Triangle Overlay zoning district. SIGNATURE OF APPLICA T I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work wilt be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Ln ) i k � i art, �j (t e 5 �1 R /\) - 1 11 11 2"-1 Print name Signature Date Notarv: _ STATE OF: -E--IOct do - COUNTY: I hereby certify that on `,��,(-� 1 t 20 personally appeared ?"who is personally known to me or has _ produced identification. Type of identification produced: [SEAL] _� lotar Public �r oo� Notary Public State of Florida Krishna Lee Grunzweig My Commission Expires: 1 �l71'Jj c r F' My Commission HH 056725 1 i eor roe Expires 01/18/2025 ORM B 106 CO ITY UEVELOPMEN DEPARTMEN 1225 MAIN STREET r SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 r www.citvofsebasfian.orq DEVELOPMENT REVIEW APPLICATION FEE SCHEDULE\CHECKLIST $2,000 Comp Plan Land Use Map Amendment (Large Scale) $1,500 Comp Plan Land Use Map Amendment (Small Scale) $1,000 Annexation APPLICATION FEES: $2,000 Comp Plan Text Amendment $1,500 Land Development Code Text Amendment $1,250 Rezoning "APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY" DOCUMENTS SUBMITTED FOR SITE PLAN REVIEW: ❑ Summary Report: addressing review considerations in accordance with 54-1-2.7 Land Development Code and 54-1-2.9 Land Development Code where applicable; or, objective 1-2.4 of Comprehensive Plan 2040 of all annexations. ❑ Location Map ❑ Two (2) Boundary and Topographic Surveys ❑ Warranty Deed for all owners and/or Notarized Letter of Authorization ❑ Future Land Use Map: Current and Proposed ❑ Zoning Map: Current and Proposed ❑ Traffic Impact Analysis Statement ❑ Electronic Copy - Complete Submittal ❑ Stormwater Calculations ADDITIONAL FEES Should the review process stall for longer than 6 months, re -submittal will be required consistent with current regulations and fees. The applicant/owner shall have 1 year from the approval date to commence construction of all or any phase. If the site plan expires, the applicant/owner must re -apply for a new review with applicable fees. An extension may be requested for additional fees. ORM B 107 CITY OF SEBASTIAN PLANNING AND ZONING COMMISS ION/LOCAL PLANNING AGENCY MINUTES AUGUST 1, 2024 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. 11. Pledqe of Allegiance -- was recited by all. III. Roll Call Present: Ms. Matthews Mr. Reno (a) Ms. Kautenburg Ms. Battles Mr. Carter Ms. Kinchen 06 Absent: ' Mr. Roberts (a) -- Excused Ca Ms. Lorusso -- Excused. .� Ms. Geesey -- Excused Also Present: Jennifer Cockcroft, City Attorney Alix Bernard, Community Development Manager > Dorri Bosworth, Community Development Manager � CL C Michelle Faulkner, Community Development < < sr" Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Announcements and Aqenda Modifications Ms. Kautenburg announced that Ms. Geesey, Ms. Lorusso, and Mr. Roberts (a) are excused from tonight's meeting. Alternate member, Mr. Terry Reno, will be voting tonight. Ms. Cockcroft announced that the training program on the Sunshine Law will be on the agenda for the next regularly scheduled meeting. V. Approval of Minutes of Regular Meetinq of June 6. 2024 108 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING AUGUST 1, 2024 All having indicated that they had read the Minutes of the regular meeting of June 6, 2024, Ms. Kautenburg called for a motion. A motion approving the Minutes of June 6, 2024 as presented was made by Ms. Matthews, seconded by Ms. Kinchen, and approved unanimously via voice vote Approval of Minutes of Regular Meetinq of June 20, 2024 All having indicated that they had read the Minutes of the regular meeting of June 20, 2024, Ms. Kautenburg called for a motion. A motion approving the Minutes of June 20, 2024 as presented was made by Ms. Kinchen, seconded by Mr. Carter, and approved unanimously via voice vote. VI. Local Planninq Aqencv (LPA) Public Hearinqs A. Public Hearing -- Recommendation to City Council -- Ordinance 0-24-17, Adding Outdoor Storage and Mini -Storage Facilities as Conditional Uses into the Triangle Overlay District, along with Establishing Conditional Use Criteria and a Definition -- Amending Land Development Code Sections 54-4- 21.C.4, Triangle Overlay District Use Restrictions; 54-2-6.4(28), Specific Criteria for Approving a Conditional Use; and 54-5-22.2, Definition of Terms Those who indicated they were going to give testimony this evening were sworn in by Ms. Cockcroft. Ms. Bernard explained what is before the Commission this evening, which is a request to change the City's Land Development Code within the Triangle Overlay District to allow for mini -storage and self -storage. She stated that the application request was presented to staff in April. Staff has reviewed it. The applicant is present to answer any questions on this amendment. She reviewed that in 2005 these uses were taken out of the Triangle Overlay District. Now the request has been made to put them back in, and that is what is before the Commissioners tonight. Ms. Kautenburg called on the applicant for his presentation. Jonathan Rhodeback from the law office of Dill, Evans & Rhodeback represents Todd, Daniel and William Brognano, the owners of three properties within the Triangle Overlay District. This project is intended to serve as the beginning stages to potentially start a project that would contemplate the storage of recreational vehicles and boats, for which there is a demand here in Sebastian. He stated that many of the developments are small and do not allow recreational vehicles and boats, and the applicants believe that this 109 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING AUGUST 1, 2024 would fulfill a need for many of those residents who do not have such accommodations. He stated that over the past couple of months he has been working with the City staff, who have been very helpful in coming up with a presentation for the Commissioners tonight as well as for City Council, that would allow the Commissioners to give serious consideration to this particular project. His firm has come up with a definition for outdoor storage facilities that contemplate this type of use. There is present storage contemplated under the City's Code, but it seems to be heavy machinery or industrial in nature, which this one is less impactful because this is designed to serve residents. Also, it calls for increased buffering requirements for this particular use within the Triangle Overlay. It was proposed to be 25 feet around the entire perimeter except for signage and driveways. He emphasized that the applicants are not calling for approval of a project tonight; what they are asking for is an opportunity to pursue a project. The applicants want to give something to the City that the City would find desirable that has little impact, if any, on neighboring residents and allow the applicants to develop this property in a manner that is profitable and makes sense within the character of that particular area. He called for any questions or concerns. Ms. Kautenburg asked if there is anything else from staff. Ms. Bernard said that this project was presented to staff, and this is an applicant request and not a staff request, and it would be for conditional use only. Ms. Kautenburg called for public input and called for anyone who is opposed to this change to speak on this matter. Sandra Rose, 435 Briarcliff Circle, Sebastian -- She stated that she lives adjacent to the property in question. She is highly opposed to this project. She opined that the roads and community in this area are very different from the character of this type of use of this property. She described the neighborhood where she lives, and she pointed out the negatives of other properties such as the one being proposed. She is not opposed to having an enclosed storage area as well as it is well maintained. Sandra Skindel, 120 Briarcliff Circle, Sebastian -- She and her husband are definitely opposed to this project. She does not think that something such as this project belongs on Route 512. 512 Is an attractive road, and it is the main entrance into Sebastian. She described the condition of other storage properties in other communities. She added that the development known as Ashbury is right behind this property, and it will definitely impact the residents of Ashbury. 110 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING AUGUST 1, 2024 Linda Wall, 110 Ashbury, Sebastian -- She read from an article that described "The Sebastian Boulevard Triangle is envisioned as a mixed -use district that will extend the town center outward from its traditional riverfront district. The Triangle area will have an attractive, well -maintained, orderly and uncluttered appearance." She wonders why in 2005 they did away with being able to have businesses such as this in the Triangle. She is opposed to this project. Ms. Kautenburg called on anyone who wished to speak in favor of the proposed change. Joseph Schulke, Civil Engineer, Vero Beach, Florida. He has been a resident of Sebastian for 34 years. He described his background. He added that he also owns a self -storage facility on Barber Street at the railroad tracks behind Publix. He has also represented numerous developers and owners of storage facilities in Indian River County. He opined that this is a good idea to permit the outside or mini storage in the Overlay District. He described the facilities that are now situated in the Triangle Overlay District. He stated that it is his opinion that whole area is already 67% developed, and a lot of those uses may not be allowed and are basically nonconforming uses. He thinks it is a great idea to allow this project when you are allowog sufficient conditions that would protect the adjacent property owners. He called attention to some of the language in the Staff Report that he disagrees with, and there was dialog back and forth between Mr. Schulke and Ms. Bosworth. Mr. Schulke suggested that staff add a separate conditional use for outside storage. He described that he is speaking tonight as an engineer, as a resident, and as an owner of a mini -storage facility, and the way this is written is going to impact his business and his ability to expand and create nonconformities on his site. There being no further public input, Ms. Kautenburg called for anything from the applicants. Mr. Rhodeback responded to the comments about the Ashbury development. On the map, if you look at the Triangle, it is the most western part to the north of 512. That is the property in question. He stated that the part that actually abuts the Ashbury development, that is not a residential use on that property at the corner of that Triangle. With the significant buffering requirements, an opaque buffer of 25 feet along the perimeter of this property, it would not be visible to the residents at Ashbury. He stated that there are sufficient mitigation measures that could be employed and, if any additional ones are going to be imposed, they would be up for consideration as well because the applicants want something that the City is going to be happy with. In response to Mr. Schulke's comments, he thought the points Mr. Schulke brought up were well founded as they apply City-wide. The applicants' application is much narrower as it applies to the particular parcels.within the Triangle Overlay. 111 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING AUGUST 1, 2024 .Ms. Kautenburg called for deliberations from the Commissioners. Mr. Carter commented that he recalls several years ago when the storage unit facility that is on 512 now near the interstate, the City and staff were opposed to having any kind of storage facilities in the Triangle Overlay. He asked if that has changed, or is it because the applicant is requesting that. Ms. Bosworth stated that is what is before the Commissioners tonight --your determination whether you want to add it back into the Triangle. This was not an application that was staff generated; this is an application from the applicants who are property owners within the Triangle. Based on their application, Alix and Michelle have had meetings with them to bring before you the conditions that staff would want if you approve it. Mr. Carter further stated that in the Charter, it is stated that the City should look like a fishing village, and when you come in 512 and see all these massive storage units, he does not think that looks like a fishing village. He does not see it as a good fit. Mr. Reno asked regarding the outdoor storage, would that definition also cover an outdoor storage facility. Is an outdoor storage facility going to be allowed to have commercial storage? He opined that there are lots of commercial boats, and he asked if those would start using an outdoor storage facility if there is language that the outdoor storage is not to be used for commercial storage. Ms. Bernard said one has to do with being residential in nature, and the other one has to do with it being a business. The outdoor storage facility definition mirrors what the Florida statute says. Mr. Reno asked if would not be limited to just household boats. that it could be for commercial boats. Ms. Bernard said it is considered a use. Ms. Cockcroft said it is made more general so as to not get into the details of determining what is commercial or noncommercial. That is why it is written more generally. Ms. Kinchen asked, other than the landscaping that is being required, is there anything else for screening that can be used. Ms. Bernard stated that it references back to a buffer section in the City's Landscape Code, which talks about enhanced landscaping and buffer areas. It is basically the idea being that when you would see this project completed, it will be an opaque wall with buffered landscaping that comes out from it. Ms. Kinchen asked if Ashbury has a homeowners association and, if so, is storage allowed within the development itself. A gentleman from the audience said no. Ms. Battles said her concern is visibility. Pertaining to the buffer, are there specific requirements that the Commissioners can make that it has to be a certain height at planting in addition to the buffering? Ms. Bernard said yes, those requirements can be 112 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING AUGUST 1, 2024 made. Ms. Battles suggested establishing a height at planting and making sure that it is opaque when planted. Ms. Bosworth stated that the section of the Code that Ms. Bernard referred to already states that it has to be opaque and is between five and six feet tall. It can be a wall, landscaping, fence, and that is why it is stated that the landscaping would have to be enhanced to meet that section of the Code. Ms. Battles said that RVs are way more than five or six feet tall. She also asked Mr. Rhodeback if these are the same parcels that came before the Commission for the conditional use for the carwash. Mr. Rhodeback said no. Ms. Matthews said she did some research regarding the Triangle. She stated that there are the Firehouse Garage, a paint store, and an auto parts store, and that the vision that was established years ago has changed. The reason for this application is just to see if they can move forward. She agrees with the suggestions that have been made, and she does not think that the proposed project is something that everyone wants to see. She feels that having this project is not with keeping the charm of the City. Ms. Kautenburg understands the need for storage facilities, and she does not object to storage facilities. She has an objection to a storage facility on this particular site, because it is not in keeping with what the intention is. She said an opaque buffer needs to be 20 feet tall to block the site of a 5th wheeler. She has an issue with making a change rather than a conditional use. When you make a change, it is forever, for anyone, for any purpose that is permitted. If the property is sold to someone without the good character of these applicants, the City is stuck with the zoning. She is not in favor of making a change to the zoning. There being no further deliberation, Ms. Kautenburg called for a motion. A motion that this Commission does not recommend to City Council, Ordinance 0-24-17, adding outside storage and mini -storage facilities as conditional uses into the Triangle Overlay District, along with establishing conditional use criteria and a definition was made by Mr. Carter and seconded by Mr. Reno. Ms. Kautenburg clarified that a yes vote means we do not recommend. Roll Call Mr. Reno -- Yes Ms. Kinchen -- Yes Ms. Battles -- Yes Mr. Carter -- Yes Ms. Matthews -- Yes Ms. Kautenburg -- Yes 113 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING AUGUST 1, 2024 Vote was 6-0 in favor. Motion carries. VII. Pianninq and Zoninq (P&Z) Commission Quasi -Judicial Hearinqs -- None VIII. Unfinished Business -- None IX. New Business -- None X. Adiourn There being no further business, Ms. Kautenburg adjourned the meeting at 6:45 p.m. ILei 114 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE Wednesday, September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ken Killgore, Finance Director Public Hearing/Adoption of FY2024-2025 Final Millage SUBJECT and Tentative Budget EXECUTIVE SUMMARY In accordance with Florida Statutes, the following steps must be followed: 1. The City Attorney advises City Council on the procedure for the millage and budget hearing and reads the titles of Resolutions R-24-57 on the FY2024-25 final millage and R-24-58 on the FY2024-2025 final budget. 2. The City Manager announces that the FY2024-2025 final millage of 3.1955 is recommended, which in accordance with State Statutes is 7.02% higher than the computed "roll -back" millage. These revenues will be applied to General Fund expenditures projected for FY2024-2025. 3. Budget overview of the FY2024-2025 final budget to be presented by the Finance Director. 4. Mayor Dodd opens the public hearing on the FY2024-2025 final millage and final budget. 5. City Council considers Resolution R-24-57 adopting the FY2024-2025 final millage. 6. City Council considers Resolution R-24-58 adopting the FY2024-2025 final budget. RECOMMENDATION Follow the required steps for adopting the FY2024-2025 final millage and final budget. ATTACHMENTS: 1. Resolution R-24-57 on Final Millage 2. Resolution R-24-58 on the Final Budget 3. Power Point on the FY2024-2025 Millage and Budget 4. Link to Budget Document: https://www.citvofsebastian.orWDocumentCenter/View/2671/FY25-DRAFT- Budaet-Dated-090924 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source None N/A N/A Additional Funds Needed: $ 0.00 115 RESOLUTION NO. R-24-57 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE OF 3.1955 MILLS FOR THE CALENDAR YEAR 2024; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MILLAGE RATE LEVY. There is hereby proposed to levy an Ad Valorem Tax of THREE POINT ONE, NINE, FIVE, FIVE (3.1955) MILLS against all real and tangible personal property for the calendar year (January 1, 2024 through December 31, 2024) and the resulting tax revenue is to be appropriated for the General Operating Fund of the City of Sebastian for the fiscal year beginning October, 1, 2024 and ending September 30, 2025. Section 2. ROLLED -BACK RATE. The tax rate established in Section 1 is 7.02% higher than the computed "rolled -back" tax rate of 2.9859 mills. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Bob McPartlan Councilmember Fred Jones Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of September 2024. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA LON Ed Dodd, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 116 RESOLUTION NO. R-24-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO; ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 2024, and ending September 30, 2025; and WHEREAS, on September 16, 2024, the City Council conducted Public Hearings on the Proposed Budget and Adopted the Tentative Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager's Proposed Final Budget is hereby adopted for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025. Section 2. The amounts shown on the attached Schedule "A" are hereby appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 3. The City Manager is hereby authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the provisions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manager is authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. All other budgetary adjustments will require approval by the City Council. Section 5. If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. 117 Section 6. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 8. This Resolution shall become effective October 1, 2024. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Bob McPartlan Councilmember Fred Jones Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted on this the 25th day of September, 2024. U-0 ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 118 2025 Budget and Capital Program Presentation on Final Millage and Final FY2024-2025 Budget City Council Final Hearing Wednesday September 25, 2024 Prepared By: Ken Killgore Administrative Services Director/CFO 1 119 FY2025 Budget and Capital Program o Summary of General Fund Budget o Enterprise and Other Funds o Capital Improvement Program o Property Values and Millage oOther Considerations. 2 120 FY2025 General Fund Budget Versus Amended FY2024 Budget $ 1,115,681 Personnel Costs' 98,312 Operating Expenditure S2 (586,548) Capital Items and Proje CtS3 $ 6271445 3.11% Budget Increase 1 8.5% Due to Pay and New Positions. 2 2.5% Increase. 3 Due to Several Items Transferred to Project Funds for Better Tracking. 3 121 FY2025 General Fund Budget Personnel Up $1,115,681 o Health Insurance Premiums Increase of 12%. o Changing to HSA from a H RA Account. o Includes 5% Pay Increases. oAdding Four Full-time Positions. (One of Those Is a Part-time Position Being Changed to Full-time). 122 FY2025 General Fund Budget Personnel Additions/Deletions o Four Full-time Additions: 1 Audio Visual Technician from Part -Time 2 Maintenance Workers in Parks 1 Recreation Coordinator in Parks 5 123 FY2025 General Fund Budget Operating Up $98,312 Only a 2.5% Increase Overall. Almost Every Department Had Only a Small Increase. 1 Several Department's Operating Budget Went Down. 6 124 FY2025 Enterprise Funds: Golf Course Latest Draft has eliminated the projected shortfall • Adjusted revenues based on this year and � proposing rate adjustments in some fees $100,000 is Shown as a Repayment to General Fund. o $31,800 for Restaurant Lease. o Airport Rent From $106,864 to $107,239. o $36,991 Principal and Interest on $700,000 Building Fund Loan. 7 125 FY2025 Enterprise Funds: Airport Property Rental Revenue Expected to Increase With Rental of Hangar D. o Loans From Discretionary Sales Tax Fund: Hangar A $285,000 —Balance $235,111 By 9/30/24. . Hangar B $267,511 — Balance $210,111 By 9/30/24. o Grant Matching From DST Fund: In 2025, $197,520 For %z the Construction of Taxiway Golf and $45,000 For Design of the Terminal Apron Expansion. • Over the Following Five Years, $810,520 for the Matching on % of Taxiway Golf, Construction of the Taxiway Golf Apron, Taxiway Bravo Rehabilitation and Construction of Terminal Apron Expansion. 8 126 FY2025 Enterprise Funds: Building o Permit Revenue Continues at High Levels And Above Budget. o One Less Permit Technician is Budgeted. o Expecting $36,991 Principal and Interest Payment on Golf Course Loans: $700,000 Loan Will Be $488,708 By 9/30/24. . $559,684 Loan To Be Paid After the $700,000. 9 127 Draft FY2025 Special Revenue Funds c American Rescue Plan Act Fund (ARPA): Originally Allocated to Gardenia Ditch, Schumann Drive, Concha Dam, Employee Retention Payments and Road Work. - Must Be Obligated by December 31, 2024 and Totally Spent by December 31. 2026. - Improvement Projects Need Plans and Permitting Which Require Some Time. -Have Switched Most of the Initial Projects to Increased Cost of Road Work. 10 128 FY2025 Special Revenue Funds Local Option Gas Tax: - Projecting Collections at 3.5% Annual Increases for Future Years. Being Used for All Road Preservation and Associated Swale Work as Scheduled in Current Paving Management Program. 11 129 Draft FY2025 Special Revenue Funds Discretionary Sales Tax: - Projecting Collections at 3.5% Annual Increases for Future Years. Being Used for Road Reconstruction and Associated Swale Work as Scheduled in Current Paving Management Program. - Also Funding: MIS Infrastructure,, Police Vehicles/Equipment, A/C Replacements, Riverview Park Improvements, Major Construction Vehicles/Equipment and Matching Funds for FAA and FDOT Grants. 12 130 FY2025 Special Revenue Funds: Riverfront CRA Fund: Operating Expenditures: �"Audit Fees, Administration, Working Waterfront Improvements, Other Facility Maintenance, Submerged Land Leases, Consulting Fees, Travel and Education Cost, Legal Ads, State Fee, Association Dues and Landfill Fee on Fisherman's Landing. Landscaping Will be Handled In -House Special Events Moved to General Fund. Working Waterfront Work Thru FY 26-27. Central Avenue Catalyst Site in FY 27-28-13131 FY2025 Special Revenue Funds: o Recreation Impact Fee Fund: Unspecified Improvements ($5K per Zone). Future Playground/Park Improvements: 24-25 Bryant Court Park. _ 25-26 Hardee Park and Schumann Park. :_)26-27 Community Center and Friendship Park. 27-28 Riverview Park. Projected 2025 Fund Balance is $102,376 Provided Revenue Estimates Hold True. 14 132 FY2025 Special Revenue Funds: o Stormwater Utility Fund: Personnel and Operating Accounts Are Exceeding the Revenue From Fees. Adding 5 Full -Time Maintenance Workers. Capital Includes: oA New Crew Vehicle. oSliplining or Pipe Replacement. Rate Increase in FY 24-25. 15 133 FY2025 Special Revenue Funds: o Law Enforcement Forfeiture Fund: Used Only for Unbudgeted Items. Specific Items Need City Council Approval. Current Balance is $471185. o Parking In Lieu Of Fund: Used for Providing Additional Parking. Current Balance is $116,514. 16 134 FY2025 Trust Fund o Cemetery Trust Fund: Y2of Sales on Operations and Maintenance: oReplacing Mowers, a Truck and Trailer. oAdding 2ndWell. oReimbursing $150,000 to General Fund. Y2of Sales Expendable on Expansions or Cost Incidental to Adding Future Sites: *_:Funds Columbarium Niches in FY 26-27. 17 135 Capital Improvement Program o $42.6 Million Over 6 Years. o $10.9 Million Next Fiscal Year. o $2.4 Million Next Year Will Be Funded by Grants, Which is 22%. o Largest Items for Next Fiscal Year: • $ 31110,000 Street Work. • 110001,000 Improve Riverview Park. •� 1,220,000 Stonecrop Drainage. $ 5,3301000 Total of Largest Items 18 136 Property Values and Millage: Certified Taxable Values Total Certified Taxable Property Values Increased $214,576,057 or 10.29% Above 2024. Additions Account for $59,143,508 or 2.84% of the Increase. . Reassessments Were $155,432,549 or 7.45% of the Increase. o Rolled -Back is 2.9859. Used 3.1955 (Which is Last Year's Millage) for Budget. o To Use Rolled -Back Millage Would Require Using $462,686 of Reserves. 19 137 Property Values and Millage: Taxable Value Additions Dollar Value of Tax Roll Additions: 2024 5911431508 2018 1519981366 2023 8418171696 2017 3519511704 2022 4719811095 2016 2517631700 2021 3217161715 2015 2514921245 2020 3316851698 2014 1919141805 2019 2313511814 2013 914351090 20 138 Different Millage & Affecting Factors ($462,686 Shortfall Without 3.1955) DR-420 Last Year Millage 3.1955 Percent vs. Rolled -Back Property Tax Revenues $ 6,395,718 Incremental Difference Incremental Revenues Factors Affectinq Added Revenues: From Additions From Reassessments From Millage Change Incremental Revenues Budget Shortfall Rolled -Back 2.9859 0.00% $6)591)283 $ 1955565 $ 195,565 Same As Last Year 3.1955 7.02% $7)0531969 $ 462,686 $ 658,251 $ 1695533 $ 181,433 $ 4455542 $ 4761817 $ (4195509) $ 0 $ 195,565 $ 658,251 $ 462,686 $ 0 21 139 Property Values and Millage: Prior Year Versus Rolled -Back or Same Rate ASSESSED VALUES TAXABLE VALUES TAXES 3% On Homestead: 3.1955 2.9859 3.1955 $350,000 $360,500 $300,000 $310,500 $959 $927 CHANGE FROM ROLL -BACK ($32) ASSESSED VALUES $400,000 $412,000 TAXABLE VALUES $350,000 $362,000 TAXES $1,118 $1,081 CHANGE FROM ROLL -BACK ($37) ASSESSED VALUES TAXABLE VALUES TAXES $450,000 $463,500 $400,000 $413,500 $1,278 $1,235 CHANGE FROM ROLL -BACK ($43) $360,500 $310,500 $992 3 $412,000 $362,000 $1,157 $39 $463,500 $413,500 $1,321 $43 10% On Others: 3.1955 2.9859 3.1955 $350,000 $385,000 $385,000 $350,000 $385,000 $385,000 $1,118 $1,150 $1,230 $32 $112 $400,000 $440,000 $440,000 $400,000 $440,000 $440,000 $1,278 $1,314 $1,406 $36 $128 $450,000 $495,000 $450,000 $495,000 $1,438 $1,478 $40 $495,000 $495,000 $1,582 $144 22 140 Millage Setting 19 Year History At or Below Rolled -Back 11 Years - 57.9% of the Time 4.0000 3.8000 3.6000 3.4000 3.2000 3.0000 2.8000 2.6000 2.4000 2.2000 2.0000 - 2007 2008 12009 2010 12011 2012 12013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2U25 p Rolled -Back 3.0519 3.21213.3646 3.8038 3.9019 3.73113.5646 3.7398 3.5446 3.6290 3.6700 3.4939 3.1514 2.9399 2.8090 3.0043 2.6834 2.6275 2.9859 ■ Final 3.0519 2.9917 3.3456 3.3456 3.30413.30413.7166 3.7166 3.8556 3.8556 3.8000 3.4000 3.1514 2.9399 3.1514 3.0043 2.9050 3.1955 3.1955 23 141 Conclusion o Staff Request You Approve the Final Millage Resolution for Fiscal Year 2025 at 3.1955. o Staff Request You Approve the Final Budget Resolution for Fiscal Year 2025 for All the City Funds at $44,981,122. oThis Should Be Following Tonight's Public Hearing. 24 142 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Brian Benton, City Manager Discussion regarding Finally Friday events hosted by the Sebastian River Area Chamber of Commerce and consideration of Road Closure and usage of CavCorp SUBJECT parking lot for their 6 proposed monthly special events. EXECUTIVE SUMMARY On February 28, 2024 the City Council approved the closure of Cleveland Street and usage of the CavCorp parking lot for the initial series of three Finally Friday special events hosted by the Sebastian River Area Chamber of Commerce. The Chamber has requested that the City allow these events to continue taking place this upcoming year based on the success of the events earlier this year. The retested dates for the events are October 18th, November 22nd, December 13th, January 17th, February 14 and April 18th. The request for road closures would be 3:30pm to 9:30pm. These events will allow local businesses and vendors to setup along Cleveland Street and provide residents a monthly Friday night event to attend. RECOMMENDATION Staff recommends that Council allow the Sebastian River Area Chamber of Commerce to speak about the initial series of events hosted this year and explain their idea for continuing this event. Staff requests Council's direction on allowing the road closure to take place on the dates provided. ATTACHMENTS: 1. Road Closure Map FUNDING SOURCE: Expenditure required N/A Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source N/A N/A 143 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of Ordinance 0-24-18 Rescinding Ordinance 0-97-42 vacating public roads in a portion of Sebastian Highlands Unit 17 First Reading and providing for SUBJECT adoption upon Second Reading EXECUTIVE SUMMARY On August 28, 2024 City Council adopted Resolution R-24-46 in reference to the Development Agreement with Hawkins Project 1, LLC. As part of that Agreement, the City agreed to rescind Ordinance 0-97-42 which referenced vacating public roads in a portion of Sebastian highlands Unit 17. Specifically, Ithaca Ave from Empress Ave to Spring Valley Ave. Empress Ave from Schumann waterway to Spring Valley Ave. and Alexis St from Day Dr to the North to the limit of the Plat as seen on the attached map. RECOMMENDATION Staff Recommends approval of Ordinance 0-24-18 with a second reading and adoption hearing scheduled for October 16, 2024. ATTACHMENTS: 1. Ordinance 0-24-18 2. Unit 17 Overview Map 3. Resolution R-24-46 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 145 ORDINANCE NO.O-24-18 ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING AND RESCINDING SEBASTIAN ORDINANCE NO.O-97-42 (MARCH 5,1997) VACATING THE ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS -OF - WAY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, at its meeting on March 5, 1997 approved Ordinance No. 0-97-42 in reference to vacating road right of ways on a certain section of Sebastian Highlands, Unit 17; and WHEREAS, the Development Agreement with Hawkins Project 1, LLC, as adopted by Resolution No. R-24-46 on August 28, 2024 agreed to rescind Ordinance 0-97-42 in reference to certain right of ways; and WHEREAS, the City may in its right repeal and rescind this Ordinance 0-97-42 if deemed to be in the public interest or for the health, safety and welfare of its citizenry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1: REPEAL. Sebastian Ordinance No. 0-97-42 (March 5, 1997) attached hereto as Exhibit `A' is hereby repealed and rescinded in its entirety. Section 2: CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 146 Section 3: SEVERABILITY. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section 4: EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 12024. CITY OF SEBASTIAN, FLORIDA ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK ED DODD, MAYOR Approved as to form and legality for Reliance by the City of Sebastian only: 147 JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY 148 RESOLUTION NO. R-24-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT FOR A SUBDIVISION KNOWN AS SEBASTIAN OVERLOOK SUBDIVISION (A PORTION OF SEBASTIAN HIGHLANDS UNIT 17); PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hawkins Project 1, LLC, has made application for a development agreement for the Sebastian Overlook (a portion of Sebastian Highlands Unit 17); and WHEREAS, said development agreement establishes the parameters of constructing said subdivision which are mutually beneficial to both the City and Property owner; and NOW, THEREFORE, be it resolved by the City Council of Sebastian, Florida, as follows: SECTION 1. DEVELOPMENT AGREEMENT APPROVAL. The City Council of the City of Sebastian does hereby approve the developer's agreement for Sebastian Overlook (A portion of Sebastian Highlands Unit 17), attached hereto as Exhibit A. 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 Council Member McPartlan The motion was seconded by Council Member Dodd and, upon beilIg put to a vote, the vote was as follows: Mayor Ed Dodd ave Vice Mayor Kelly Dixon aye Council Member Christopher Nunn nay Council Member Fred Jones nav Council Member Bob McPartlan ave 150 The Mayor thereupon declared this Resolution duly passed and adopted this 28"' day of August 2024. ATTEST: W� 4anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Ed Dodd, Mayor Approved as to Form and Content for Reliance by the City of ebastian Only: en 'fer Cockcroft, Esq., BCS ty Attorney 151 Prepared By: Scott A. Glass, Esq. Shutts & Bowen LLP 300 S. Orange Ave., Ste. 1600 Orlando, FL 32801 After recording return to: City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 3120240043154 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3722 PG: 2383 Page 1 of 36 9/6/2024 9:54 AM DEVELOPER'S AGREEMENT This Developer's Agreement ("Agreement") is made and entered into by and between Hawkins Project 1, LLC, a Florida limited liability company with a mailing address of c/o Eubel Brady & Suttman Asset Mgmt., Inc., 10100 Innovation Drive, Ste. 410, Miamisburg, Ohio 45342 ("Developer"), and the City of Sebastian, Florida, a Florida municipal corporation with a principal address of 1225 Main Street, Sebastian, FL 32958 ("City") and shall become effective on the date it has been finally executed by both Parties hereto (the "Effective Date"). WHEREAS, Developer is the fee simple owner of approximately 33.23 acres of real property as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and; WHEREAS, the Property is located with City limits and carries a designation of Low Density Residential on the City's Future Land Use Map and a designation of RS-10 on the City's Official Zoning Map; and WHEREAS, the Property comprises 109 lots as depicted on the Plat of Sebastian Highlands Unit 17, Blocks 594 to 598, as recorded in Plat Book 8, Page 46M, of the Official Records of Indian River County, Florida (the "Plat"); and WHEREAS, Owner has applied to the City for development approval to develop the Property with a residential community to be marketed as, and commonly referred to as, Sebastian Overlook also known as a portion of "Sebastian Highlands Unit 17," and which shall consist of ninety-nine (99) single-family homes to be constructed on ninety-nine (99) of the existing platted lots, and a stormwater detention pond to be constructed on ten (10) of the existing platted lots (the 99 single-family homes and stormwater detention pond being hereafter collectively referred to as the "Project"); and WHEREAS, on March 5, 1997, City passed Ordinance No. 0-97-42 as recorded in Book 143, Page 2052, of the Public Records of Indian River County, Florida (the "Ordinance"), which Ordinance purported to vacate certain dedicated roadways with the Plat, as more particularly set forth in the Ordinance; Page 1 of 15 152 WHEREAS, Developer has requested that City rescind the Ordinance, so that development of street rights -of -way within the Project can proceed based on the depictions contained in the Plat; and WHEREAS, City has agreed to rescind the Ordinance, subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Recitals and Exhibits. The above recitals are true and correct, are incorporated herein by reference, and form a material part of this Agreement. All exhibits to this Agreement are incorporated herein by reference and form a material part of this Agreement. 2. Authority. This Agreement is entered into pursuant to the provisions of Article V111, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes. 3. City Comprehensive Plan, Code and Development Resulations. In accordance with § 163.3167(5), Fla. Stat., development of the Project is vested, i.e., grandfathered, against application of the City of Sebastian Comprehensive Plan 2040 ("Comp Plan"). Furthermore, notwithstanding any provision of the City Land Development Code ("LDC") to the contrary, development of the Project shall be in accordance with the provisions of this Agreement. In the event this Agreement does not address a particular development standard or criterion, the applicable standard or criterion shall be the standard or criterion set forth in the LDC on the Effective Date unless otherwise agreed in writing by the Parties. 4. Creation of Mandatory Homeowners' Association. Prior to issuance of the first permit for vertical construction of a dwelling unit within the Project, Developer shall create a mandatory homeowners' association for the purpose of owning, operating and maintaining common areas within the Project, and for such other tasks a mandatory homeowners' association may undertake in accordance with Florida law (the "HOA"). Prior to legally creating the HOA Developer shall submit the HOA's proposed Articles of Incorporation and By -Laws to the City for review and approval, such approval not to be unreasonably withheld so long as the HOA documents include the requirements shown within this agreement. 5. Declaration of Covenants, Conditions and Restrictions. Prior to issuance of the first permit for vertical construction of a dwelling unit within the Project, Developer shall subject the Property to a recorded Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The Declaration shall be submitted to City for review and approval prior to recording it among the Official Records of Indian River County, Florida, such approval not to be unreasonably withheld. In addition to the customary provisions found in such documents and any provisions required by applicable law, including the LDC, the Declaration shall include the following provisions, or language to similar effect: Page 2 of 15 153 (i) By accepting a deed to a residential lot within the Sebastian Overlook community (said community being sometimes referred to as a portion of Sebastian Highlands Unit-17 subdivision) each Grantee under such deed shall automatically become a member of Sebastian Overlook Homeowners' Association, Inc. (the "HOA"). The HOA shall own, operate and maintain the Common Area and any non-public infrastructure within the subdivision including, but not necessarily limited to, the subdivision's stormwater management system (the "SWMS") and sidewalks. In the event the HOA fails to maintain the SWMS at the level required for it to function as designed, the City of Sebastian (the "City") shall have the right, but not the obligation, to perform such maintenance and invoice the HOA for all costs and expenses incurred by the City in performing such maintenance or, at City's sole option, may invoice the owner(s) of each residential lot directly for 1/99" of all such costs and expenses. If an owner fails to pay his, her or their invoiced amount within thirty (30) days after receipt of such invoice the City shall have the right to record a lien against such owner's lot to secure payment of the same along with any costs incurred by the City in placing and enforcing such lien. An easement in favor of the City of Sebastian is hereby granted across each tract, parcel and lot within the subdivision for the limited purpose of providing the City reasonable access to any part of the SWMS which requires maintenance and which cannot otherwise be reasonably accessed from a public right-of-way or over a separate easement held by the City. (ii) The owners of Lot 1, Lot 2 and Lot 3, Block 595, Plat of Sebastian Highlands Unit 17, as recorded among the Official Records of Indian River County in Plat Book 8, Page 46, et seq., and the owners of Lot 1, Lot 2 and Lot 3, Block 598, Plat of Sebastian Highlands Unit 17, as recorded among the Official Records of Indian River County in Plat Book 8, Page 46, et seq., shall each be responsible for ordinary and customary maintenance of the aluminum headwall along Schumann Waterway adjacent to the respective owner's lot (the "Headwall"). In the event any or all of the Headwall is damaged or, despite such ordinary and customary maintenance, deteriorates to a point where extraordinary maintenance, repair or replacement is required, such extraordinary maintenance, repair or replacement shall be the responsibility of the HOA. A limited easement across each of the referenced lots is hereby granted to the HOA for the purposes set forth in this section. 6. Imnrovements. a. Construction of lmnrovements. Page 3 of 15 154 I. As consideration for the rescission of Ordinance No.O-97-42, the Developer will, at Developer's sole cost and expense, construct the following infrastructure improvements to serve the Property: Sidewalk connection/extension from the development to Schumann Drive to the West, stormwater pond and all associated stormwater infrastructure including, but not limited to, all necessary pipes, manholes, culverts, catch basins, etcetera (collectively the "SWMS"); those roadways within the Project shown on the Plat as Ithaca Avenue, Empress Avenue, and Spring Valley Avenue, including all attendant sidewalks and attendant stormwater structures and associated roadways over the drainage right of way to the West of the Property and the drainage right of way to the South of the Property; extension of public water lines and wastewater lines necessary to serve the Project; and any public infrastructure inadvertently omitted from the foregoing list but shown on the "Construction Plans For A Portion of Sebastian Highlands Unit-17" prepared by Mills, Short & Associates (the "Construction Plans") a copy of which are attached hereto as Exhibit B and incorporated herein by reference (collectively, the "Improvements"). Developer will construct the Improvements in accordance with the Construction Plans and/or in accordance with such other plans as City may from time to time approve with regard to the Project (collectively, the "Plans"). Developer will commence construction of the Improvements within 12 months of the City's approval of the Plans, and will thereafter diligently pursue completion thereof. 2. Notwithstanding anything to the contrary herein, City and Developer hereby agree that, in the event one or both of the aforementioned crossing of existing drainage rights of way includes the installation of box culverts in lieu of drainage pipes, the City shall pay the difference between Developer's actual cost to acquire and install box culverts and the cost Developer would have incurred had Developer acquired and installed pipes as otherwise would be required under the LDC and/or other applicable provisions of the City Code (the "Differential"), provided however, the maximum amount City shall be required to pay towards the Differential shall be limited to One Hundred Thousand Dollars ($100,000). Thus, by way of illustration and not limitation, if the Differential proves to be $85,000 the City would be responsible for the full Differential (i.e., $85,000), but if the Differential ultimately proves to be an amount over $100,000.00, City would be responsible for $100,000 and Developer would be responsible for the amount by which the Differential exceeds such cap. Thus, and again by way of illustration and not limitation, if the Differential proves to be $120,000 the City would be responsible for $100,000 and Developer would be responsible for $20,000. 3. In light of City's potential obligation to pay up to $100,000 for crossing the aforementioned right(s)-of-way with box culverts as preferred by City staff, Developer shall, prior to installing either box culverts or drainage pipes, provide City with appropriate and customary documentation (e.g., contract bid alternates, Page 4 of 15 155 change orders, work orders, etcetera) from Developer's contractor or sub- contractor documenting the bona fide cost to cross the referenced right(s)-of-way with drainage pipes consistent with City Code requirements and the bona fide cost for crossing the same utilizing box culverts. City shall have three (3) business days to advise Developer via electronic mail whether Developer should proceed under the pipe option or the box culvert option. b. As -Built Survev. Once construction of the Improvements has been completed in accordance with the Plans, Developer shall cause an as -built survey to be prepared by a land surveyor, duly licensed by the State of Florida, which shall depict the final designs, specifications and location of the Improvements (the "Survey"). The Survey shall include a certification by the surveyor that the replacement and location of Permanent Reference Markers and Benchmarks are in accordance with the recorded Plat, and in compliance with all requirements of Part 1, Chapter 177, Florida Statutes. Developer shall promptly deliver the Survey to City upon its completion. Permits for dwelling units will not be issued until the Improvements (with the exception of Project -internal Sidewalks, which shall be completed as provided in this Agreement) have been completed and submittal of As -Built Survey has been received. Notwithstanding the foregoing, City agrees to issue building permits for up to five (5) model homes which may be constructed within the Project prior to completion of the Improvements and submittal of the As -Built Survey. In no event shall the City be obligated to issue any other building permit for a dwelling unit prior to such completion and submittal, nor shall the City be obligated to issue a final Certificate of Occupancy for any dwelling unit, including but not limited to the aforementioned model homes, until all Improvements (again excepting Project - internal Sidewalks) have been completed, inspected and accepted by the City in accordance with City Code requirements and standards. c. Bonding of Improvements. With regard to those Improvements required for roads, stormwater management and the Empress Avenue / Schumann Waterway crossing, Developer shall comply with the requirements of LDC §54-4.19-10 provided, however, a two-year maintenance bond shall be provided rather than the one-year bond ordinarily required by LDC §54-4.19-10(e). Generally, as used herein, the term "comply" shall refer to placing bonds or other securities generally and routinely acceptable in form, amount, and substance as required by the City and in the hands of and in favor of the City for completion, maintenance, payment for completion, and warranty of subdivision improvements. d. Convevance of Imarovements. Once Developer has delivered the Survey and requisite surety bonds to the City, the City shall promptly review the same and inspect the Improvements to confirm they have been constructed in accordance with the Plans and all applicable laws, codes, rules and ordinances. Once City has confirmed such compliance it will issue a Certificate of Completion or similar Page 5 of 15 156 documentation of approval to the Developer. Thereafter, Developer shall promptly convey the following Improvements to the City, for the use and benefit of the general public: all road improvements, and all sidewalks (collectively, the "Conveyed Improvements"), along with any easements reasonably required by the City for operation and maintenance thereof, provided, however, that while City shall own all of the sidewalks responsibility for maintenance of sidewalks shall be as provided in subsection 61, below. Prior to conveyance, Developer shall be solely responsible for operation and maintenance of all Improvements at Developer's sole cost and expense. Upon and after such conveyance, City shall be solely responsible for operation and maintenance of the Dedicated Improvements at City's sole cost and expense except as provided herein with respect to sidewalk maintenance. e. Non-conveved Improvements. Those Improvements which are not Conveyed Improvements shall be owned, operated and maintained in perpetuity either by the Developer or by the HOA. f. Sidewalks. Sidewalks shall be constructed on a lot -by -lot basis and no lot shall receive a final certificate of occupancy unless and until its sidewalk has been completed. Notwithstanding the foregoing, all sidewalks shall be completed no later than five (5) years after the first permit for vertical construction of a dwelling within the Project has been issued by the City. All sidewalks within the Project, with the exceptions of that section of sidewalk extended to Schumann Drive and sidewalks located on Tract U or Tract W, as shown on the Plat and which Tracts are owned by the City, shall be maintained by the HOA. g. Stormwater Management System. Developer shall obtain all necessary permits for construction of the Project's stormwater management system (the "SWMS") in accordance with the Plans and shall thereafter diligently commence construction of the SWMS including, but not limited to, the stormwater pond to be constructed on Lots 6-10 and 23-27 (the "Pond Lots"). Upon completion, inspection and approval of the SWMS by the City, Developer shall promptly convey the Pond Lots by warranty deed (the "Stormwater Pond Deed") to the HOA as common area, but subject to a perpetual easement for stormwater purposes. In addition to reserving the aforementioned stormwater easement, the Stormwater Pond Deed shall contain language acceptable to the City Attorney which binds the Pond Lots together (i.e., creates a Unity of Title). 7. Insurance. Throughout the duration of this Agreement, including the initial period and any extensions thereto, Developer shall obtain and possess: a. Commercial General Liability coverage, issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, for all operations under this Agreement, including but not limited to Contractual, Products and Completed Page 6 of 15 157 Operations, and Personal Injury. The limits shall be not less than $1,000,000 Combined Single Limits (CSL) or its equivalent per occurrence. Such coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Severability of Interests. The general aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit; b. Workers' Compensation coverage for all employees with statutory workers' compensation limits, and no less than $100,000 for each incident of bodily injury or disease for Employers' Liability; and c. Business automobile liability coverage for all owned, non -owned, and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida, or its equivalent, with limits of not less than $500,000 per accident. In the event Developer does not own automobiles, Developer shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the commercial General Liability policy or separate business Auto Liability policy. Prior to commencing operations under this Agreement, Developer shall provide certificates of insurance to City verifying coverage. The name of the development, subdivision, or project in which the Improvements are to be installed and the type and amount of coverage provided, shall be clearly stated on the face of each certificate of insurance. The insurance coverage shall name City as an additional insured, and shall contain a provision which forbids any cancellation, changes or material alterations, or renewal of coverage without providing thirty (30) days prior written notice to City. Developer shall require and ensure that each of its contractors and subcontractors maintains insurance until the completion of their work under any contract associated with this Agreement. Failure of Developer to maintain insurance coverage for themselves or for any other person or entity for whom they are responsible, or to ensure that their contractors and subcontractors maintain coverage, shall not relieve Developer of any contractual responsibility, obligation, or liability arising under this Agreement. 8. Indemnification. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold City harmless from and against all claims, damages, losses, and expenses, including reasonable attorney fees and costs, arising out of, or resulting from, Developer's construction of the Improvements pursuant to the terms of this Agreement. 9. Construction Liens. No right or privilege of any party to enter upon the property of another shall permit or empower such party to encumber the property of another with construction liens for unpaid work, labor, supplies or materials. No party shall suffer or permit any construction lien to be filed against any property of another and, in the event of any such construction lien attaching, such party shall have same removed. If any party causes or allows any construction liens to be filed against any property of another, and, Page 7 of 15 158 thereafter, fails to remove same within thirty (30) days of such party's actual notice that said lien has been filed, then the party that owns the property subjected to such lien, at its election, may pay and satisfy the same, or transfer same to other security, and in such event the party responsible for such lien arising shall reimburse to the party that owns such property any and all sums so paid, including interest at the highest rate allowed by Florida law accruing from the date of payment by the party that owns such property of the lien amount and including all reasonable costs and expenses incurred by the party that owns such property in connection therewith or in connection with enforcing this provision, including attorneys', paralegal's and other professional's fees incurred, whether before trial, at trial or upon any appeal. 10. Term. The easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the office of the Indian River County Clerk of Court and shall remain in full force and effect thereafter in perpetuity, except as otherwise provided herein, unless this Agreement is modified, amended, canceled or terminated by the written consent of Developer and City and their respective assigns. The City shall be responsible for the recording this Agreement after it has been executed by both Parties. 11. Enforcement and Remedies. a. Except as and to the extent specifically limited below, in the event either party breaches any of its covenants, obligations, promises or requirements set forth in this Agreement, the other party shall be entitled to pursue and enforce all remedies or rights specified in this Agreement, as well as any remedies or rights that may otherwise be available at law and/or in equity, including, but not limited to, specific performance, provided, however, that any action for damages shall be limited to actual damages, and the parties expressly waive any action for punitive damages. b. The failure to enforce any of the terms or provisions of this Agreement, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation occurring prior to or subsequent thereto. The pursuit by a party of any one remedy shall not operate as an election of remedies prohibiting the pursuit of other remedies established by this Agreement. d. Notwithstanding the foregoing, except as may otherwise be provided by this Agreement, including no breach, failure to comply with any term or provision of this Agreement, or failure of a covenant, warranty, or representation contained herein, shall be considered a "default" until a non -breaching party has provided written notice of the breach to the breaching party and the breach has gone uncured for a period of thirty (30) days; provided, however, that if such breach is of a nature that it cannot reasonably be cured within thirty (30) days, then the breaching party shall have thirty (30) days from the receipt of written notice from the non -breaching party to commence said required cure, and the amount of time reasonably necessary to complete said required cure, which reasonable time shall in no event exceed sixty Page 8 of 15 W11 (60) days from the receipt of written notice from the non -breaching party, unless otherwise extended by the non -breaching party in writing. 12. Notices. Any notices which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are received at the addressee's address set forth below, whether same are personally delivered, transmitted electronically (i.e., e-mail), mailed by United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, delivered by Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: If to Developer: Hawkins Project I, LLC c/o Eubel Brady & Suttman Asset Mgmt., Inc. 10100 Innovation Drive, Ste. 410 Miamisburg, Ohio 45342 Attn: Mark E. Brady with cop_ v to: Brian M. Jones, Esq. Shutts & Bowen LLP 300 South Orange Ave., Ste. 1600 Orlando, FL 32801 If to Citv: City Manager City of Sebastian y5 12 Main Street Sebastian, FL 32958 With coov to: City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 13. Governing Law and Binding Effect; Waiver of Jury Trial; Fees. The interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The terms and provisions of this Agreement shall bind, and the benefits and advantages hereof shall inure to and be enforceable by, the parties hereto as well as their respective successors and permitted assigns. Whenever used herein, the singular name shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Any causes of actions arising hereunder shall be tried in the court of competent jurisdiction in Indian River County, Florida. The Parties acknowledge that they participated in the negotiation and drafting of the terms of this Agreement and acknowledge that no provision shall be strictly construed against one party or the other based solely on draftsmanship. The Parties agree to waive any right to trial by jury in the event of any litigation arising under this Agreement. The Parties further agree Page 9 of 15 160 that in the event of litigation arising hereunder, the prevailing party shall be entitled to recovery of fees, including attorneys' fees, up to and including appeals. 14. Integrated Agreement. Waiver and Modification. This Agreement (together with the documents specifically referred to herein) represents the complete and entire understanding and agreement between and among the parties hereto with regard to all matters involved in this Agreement and supersedes any and all prior or contemporaneous agreements, whether written or oral. This Agreement may not be modified or amended, nor may any provision contained herein be waived, except in writing signed by all parties, or if such modification, amendment or waiver is for the benefit of one or more of the parties hereto and to the detriment of the others, then the same must be in writing signed by all parties to whose detriment the modification, amendment or waiver inures. 15. Severability. If any sentence, phrase, paragraph, provision or part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction in Indian River County, Florida, such invalidity or unenforceability shall not affect the other parts of this Agreement if such court also determines that the rights and obligations of the Parties contained herein are not materially prejudiced by the severance of such invalid or unenforceable sentence, phrase, paragraph, provision or part of this Agreement and further determines that the intentions of the Parties can continue to be effectuated despite such severance. To that end, and to that extent, this Agreement is declared severable. 16. Further Assurances. Each party hereto shall each reasonably take all such additional actions and execute and deliver all such additional documents and instruments as may reasonably be required, if any, in order to fully effectuate all actions contemplated by this Agreement. 17. Assignment. Owner's rights and obligations under this Agreement will run with the land and may be assigned to and assumed by any successor developer or by the HOA or other such entity approved by the City, such approval not to be unreasonably withheld. The purpose, terms, and conditions contained herein shall be binding upon the Developer or any such successor and/or assignee. Notwithstanding the foregoing, no end -user of a platted Lot shall succeed to the Developer's rights or bear the Developer's obligations set forth herein by virtue of ownership of such platted Lot. 18. No Third-Pmrty Beneficiaries. This Agreement is solely for the benefit of the parties signed hereto and no right, nor any cause of action, shall accrue to or for the benefit of any third party. 19. Force Maieure. Developer shall not be deemed to be in breach of this Agreement for failure to perform by any specified date due to acts of God, fire, flood, hurricane, epidemic, labor strike, act of terrorism, act of government, or any other cause or event beyond the reasonable control of and without fault of Developer. Under such circumstance, the dates so specified shall be extended for a period equal to the length Page 10 of 15 161 of the delay caused by the force majeure, unless a different date or extension period is mutually agreed to by City and Developer. 20. Relationship. This Agreement does not evidence the creation of, nor shall it be construed as creating, a partnership or joint venture between City and Developer. Developer has no authority to act on behalf of, or otherwise obligate or bind, City in any manner. Each party hereby acknowledges that it is sophisticated and prudent in business transactions and is acting for its own account. Each party has made its own independent decisions to enter into this Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. Each party hereby acknowledges that it is proceeding at its own risk and that the other party is not acting as a fiduciary for or an adviser to it with respect to this Agreement or any responsibility or obligation contemplated herein. 21. Personal Liabilitv. No provision of this Agreement is intended, nor shall any be construed, as a covenant of any official (either elected or appointed), director, employee or agent of City in an individual capacity and neither shall any such individuals be subject to personal liability by reason of any covenant or obligation of City hereunder. BALANCE OF PAGE INTENTIONALLY LEFT BLANK WITH SIGNATURE PAGES IMMEDIATELY FOLLOWING Page 11 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first set forth above. HAWKINS PROJECT I, LLC, An Ohio limited liability company By: EBS Residential Development Fund IV, LLC, an Ohio limited liability company, its Sole Member By: Eubel Brady & Suttman Asset Management, Inc., a Delaware corporation, its Manager By: Mark E. Brady Co -Chief Investment Officer STATE OF OHIO ) ) SS COUNTY OF MONTGOMERY ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to make acknowledgments, the foregoing instrument was acknowledged before me by Mark E. Brady, the Co -Chief Investment Officer of Eubel Brady & Suttman Asset Management, Inc., a Delaware corporation on behalf of the corporation as Manager of EBS Residential Development Fund IV, LLC, an Ohio limited liability company, as Sole Member on behalf of Hawkins Project I, LLC, an Ohio limited liability company, freely and voluntarily under authority duly vested in him. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this ��D "day of (71 U S:T , 2024. Notary I'c tat gf Fl�da, Typed, Printed or Stamped Name of Notary Public My Commission Expires: Page 12 of 15 TYNA R BROWN • = NOTARY PUBLIC - OHIO MY COMMISSION EXPIRES 07-07-28 163 ATTEST: )Jnette Williams, MMC y Clerk APPROVED AS TO FORM AND LEGALITY for use and reliance by the City of Sebastian, Florida, only. 6enlfer eCoWckcrofft,(eity Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, FLORIDA Print name: Ed Dodd Print title: Mayor The foregoing instrument was acknowledged before me by means of C'physical presence or ❑ online notarization, this V �` day of tI C i.cS-r , 2024 by F,b Aga as 01Aloa- of the City of Sebastian, a 0rF,e-„ on behalf of said city. He/She 0 is personally known to me OR ❑ has produced a valid Driver's License or as identification. «�o CATHERINE E. TESTA Commission # HH 054261 =;;, P`•' Expires February 16, 2025 F0F ��O Bonded Tivu Tray Fain Insurance M385-7019 Notar Public, tat of Florida Type or print name of Notary �; 61^u-C,r y I &, ACAS Commission Expiration Date Page 13 of 15 164 EXHIBIT "A" (Legal Description) LOTS 1 THROUGH 18, BLOCK 594; LOTS 1 THROUGH 9, BLOCK 595; LOTS 1 THROUGH 32, BLOCK 596; LOTS I THROUGH 32, BLOCK 597 AND LOTS 1 THROUGH 18, BLOCK 598, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 46, OF THE PUBLIC RECORDS OF INDIAN REIVER COUNTY CONTAINING 32.73 ACRES, MORE OR LESS. Page 14 of 15 165 ORLDOCS 21544864 1 EXHIBIT "B" (Copy of Final Approved Plans to be Attached) Page 15 of 15 166 SHEET &I INDEX TIRE SHEET $ 62 G. GENERAL NOTES GENERAL NOTES C-I EXISTING CONDITIONS - DEMOLITION PLAN C. SOIL SORING REPORTS ,.I C•7A 7A SITE LAYOUT CA C-565A PAVING. GRADING AND DRAINAGE PLAN GRADING PAVING. GRADAND DRAINAGE DETAILS C•S UTILITY PLAN C.7 IRCDUS WATER DETAILS C-S IRCDUS SEWER DETAILS CARE ROADWAY PROFILES C-ID S1IXtNWATER POLLUTION PREVENTION PLAN C,II STORLNWATER POLLUTION PREVENTION DETAILS L•I LANDSCAPE PLAN a DETAILS >v 3 Adams sllELo-'no" Prommy -L {I L__7 CONSTRUCTION PLANS FOR A PORTION OF SEBASTIAN HIGHLANDS UNIT 17 CITY OF SEBASTIAN, FLORIDA .loan s Island Clw1', SITE LOCATION MAP SCULL t : M9 et�anxmca eeAUlwn�lAel iawwrasn n t wMx qurtd+r�r cwMnw rwr cowry �ramco.r[crarwrr NA.a ru,r mw.nLwnreauenuxlwr noAn ro w.ra rw anrrion rrwrt andoYrwmr.nwn� c'oMrvcroA A CONSTRUCTION OF A PORTION OF A PREVIOUSLY APPROVED PLAT, TO •� :' �V «; INCLUDE WET DETENTION PONDS. STORMWATER SYSTEM TO BE OWNED «..,.. AND MAINTAINED BY HOA. ACCORDING TO THE PLAT THEREOF AS FOUND IN PB8, PAGES 46M OF 1 1 THE PUBLIC RECORDS OF INDIAN RIVER CO_ FLORIDA. SAID LANDS LYING IN INDIAN RIVER CO.. FLORIDA SEBASTIAN HIGHLANDS UNIT 17 CONTAINING 33.23 ACRES MORE OR LESS (INCLUDING ROAD RAN) ay SEC 19 & 20 TWP 31 SOUTH, RNG 39 EAST INDIAN RIVER COUNTY, FLORIDA .. VICINITY MAP J U LY 2024 { SCALE: N.T.S OWNER / APPLICANT HAWKINS PROJECT 1, LLC. 10200 INNOVATION DRIVE STE 410 DAYTON, OH 45342 ENGINEER Mills, Short 8 Associates 700 22nd PLACE, STE. 2C12D VERO BEACH, FLORIDA 32960 PHONE: 772.226.7282 SURVEYOR KMA ENGINEERING & SURVEYING, LLC. 3001 INDUSTRIAL AVE 2 FORT PIERCE, FL 32946 PHONE: 772.569.5505 Q�E tz w W a F P, W� Ina• 00,- Z� Q W J = W C704 20c' �g cn Co .. LLl Z Tn::)z G-1 167 OCKRAL NOTCS M.aP.1[1w.uvrtvFM[..a.[,�M a..:.,.0 u�.Rw.a n�M.tYDI nr«o¢fn�io.wl. ro[o 40p" u'r vA. w[noM.wn Narm.u.ano Mn.nw.non .ua. w.rvnwme.+..o.0 orrti PAVING AND DRAINAGE NOTES [nr.°'.,""`ow+w,��DrD..,nl.N.uo..n,.voaD ann. m[n. mw.tna.amvnr.oKun.,,P rrdro.rw'ntu...nt[[[rPi..�mnu...reDw.waw.r.a Mrw«[C« n�vt, o,.Atn..t....[ct M'YaaaroniO M'� ...,,,...[D.n....[.,rM..�........r,,..D. 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MC rO! C �3 Nl m.A.Clpit.OMPq,rp-pr(pP.1.,B0YYWlRMwtP I,![prrRKr. ,pr rrN b/ � I rrl �Krm�eM:PO..w.:.Mr. e.MCew..[rGflp.Ps[n row.lrM.R.Rpnp...M W Pnl. posr._vma Mmwr..cta,,.aa w.rvn Mowa..o.roe.ww P,.n rNr a � zt TABLE 1.0 UTILITY SEPARATION ~ ell' v� 21Z 'S{ Ill TABLE 20-STORM PIPE COVER wi c - w 00 iZ z - g m IEE = G-3 169 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELEBRATION 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL DATE August 28, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director SUBJECT Consideration of Resolution No. R-24-46 authorization for execution of a Developer's Agreement between the City of Sebastian and Hawkins Project 1, LLC pertaining to the development project known as 'Sebastian Overlook also known as a portion of Sebastian Highlands Unit 17'. EXECUTIVE SUMMARY This Resolution R-24-46 is brought forward to seek City Council authorization for execution of a Developer's Agreement between the City of Sebastian and Hawkins Project 1, LLC pertaining to the development project known as 'Sebastian Overlook also known as a portion of Sebastian Highlands Unit 17'. The property is comprised of 33.23 acres which was originally platted by the General Development Corporation in 1971 for single family homes. The applicant is requesting a Developer's Agreement to build 99 single-family homes on the platted lots of record, with ten of the proposed lots being utilized for stormwater retention purposes. Staff is recommending approval of Resolution R-24-46 and execution of the Developer's Agreement by the Mayor on behalf of the City Council. RECOMMENDATION Approve Resolution R-24-46 relating to the execution of the Development Agreement between the City of Sebastian and Hawkins Project 1, LLC and authorize the Mayor to execute all appropriate documentation. ATTACHMENTS: 1. RESOLUTION NO. R-24-46 2. Developer's Agreement with Hawkins I LLC.pdf 3. Civil Set Attachment A of DA.pdf FUNDING SOURCE N/A 188 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of Resolution No. R-24-44, Accepting Fee in Lieu of Land Dedication for the Cross Creek Addition subdivision so the development will meet their public SUBJECT recreational requirement. EXECUTIVE SUMMARY The Preliminary Plat for Cross Creek Lake Estates Addition was approved by Resolution R-23-28 in January 2024. As a condition of approval of the Preliminary Plat, a recreation fee -in -lieu payment for one (1) acre of land must be received, and/or an agreement regarding the fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur. The proposed Resolution and Agreement outline the terms which include the payment of $80,000 to be placed in trust for future public recreational needs of the City. RECOMMENDATION Staff recommends approval of Resolution No. R-24-44 authorizing the acceptance of Fee in Lieu of Land Dedication for the Cross Creek Addition Subdivision and execution of the Agreement by the Mayor. ATTACHMENTS: 1. Resolution No. R-24-44 2. Agreement FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 189 RESOLUTION NO. R- 24-44 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE FEE IN LIEU OF LAND DEDICATION PROGRAM, AND COVENANT RUNNING WITH THE LAND, FOR CROSS CREEK ADDITION INC., OWNER OF PROPERTY LOCATED OFF OF YEARLING TRAIL (PROPERTY ID 39334), SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICTS, SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that it is in the public interest to allow residential developments the opportunity to utilize the Fee in Lieu of Land Dedication to meet their recreational needs; and WHEREAS, Cross Creek Addition, Inc., wishes to participate in the Fee -In -Lieu of Land Dedication Program to meet their recreational requirements and provide $80,000 to the City to be placed in trust for future recreational improvements at Bryant Court Park which is the closest park to the proposed development. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. ADOPTION OF RECITALS/APPROVAL. The recitals contained in the whereas clauses above are hereby adopted as the true and correct legislative findings of the City of Sebastian and the City Council hereby approves the Fee in Lieu of Land Dedication Agreement, attached hereto as Attachment A, and authorizes the City Manager to execute and record the same. Section 2. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. 190 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of September, 2024. CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and legality: Jennifer Cockcroft, Esq. BCS 191 RECREATION FEE -IN -LIEU AGREEMENT THIS RECREATION FEE IN LIEU AGREEMENT, is hereby entered into by and between the City of Sebastian, a Florida municipal corporation, hereinafter "City," and Cross Creek Addition, Inc., hereinafter "Owner," of certain real property located off of Yearling Trail (PIN 31-39-30-00000-5000-00002.0), City of Sebastian, Indian River County, Florida, and as described in Exhibit A, and is effective upon execution by the last signor. WHEREAS, the Preliminary Plat for Cross Creek Lake Estates Addition was approved by Resolution No. R-23-28 on January 24, 2024; and WHEREAS, as a condition of approval of the Preliminary Plat, said Resolution contained the following condition: "A recreational fee -in -lieu payment for one (1) acre of land must be received, and/or an agreement regarding the fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur;" and WHEREAS, the City Council of the City of Sebastian finds that all residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof; and WHEREAS, the requirements for dedication of lands for parks and recreation are outlined in Sec. 54-4-19.1 L(h) of the City's Land Development Code and include a Fee in Lieu of Land Dedication Program allowing residential development to provide funding into a reserve account for future recreational needs of the City; and WHEREAS, the proposed subdivision plans for Cross Creek Lake Estates Addition for 35 single family homes is required to provide recreational amenities; and WHEREAS, at this time there is no suitable land in the assigned recreational zone for City purposes; and WHEREAS, the Owner wishes to participate in the Recreation Fee in Lieu of Land Dedication program to meet their obligation of the public recreational need; and WHEREAS, due to these unique circumstances, the City finds that it is in the best interests of the citizenry to enter into this Agreement to provide the best recreational opportunities for the citizens of Sebastian. NOW THEREFORE, in consideration of the mutual promises and obligations stated herein, the City and Owners do hereby incorporate all terms and conditions in this Agreement and mutually agree as follows: 1. PURPOSE. The purpose of this agreement is to provide the Owners with a mechanism to meet their public recreation requirement when there is currently limited land available in their assigned recreational zone as established in Ordinance 0-22-02. 192 2. FEE. The fee of $80,000.00 in United States dollars has been agreed upon by both parties for future public recreational needs. 3. PAYMENT. The City shall receive $80,000.00 in United States dollars from owner before a final plat of the subdivision is approved. 4. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and conditions shall be binding upon the parties and their respective successors and assigns. There shall be no assignment of this Agreement or any of the rights or obligations herein, without the advance written consent of the City. 5. NOTICES. All notices required by this agreement shall be in writing and delivered either by registered or certified mail to the other parry at the address given below: "City": Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 "Owner": Henry Fischer Cross Creek Addition, Inc P.O. Box 780068 Sebastian, FL 32958 Any party may change address or designee by giving written notice of such change to the other parties. 6. GOVERNING LAW/VENUE/WAIVERS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of litigation, the parties agree that the appropriate venue is in and for Indian River County, Florida. The parties waive any right to trial by jury for any litigation arising under this Agreement. The parties waive any right to recovery of attorneys fees up to and including appellate litigation. 7. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last parry to sign. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS 2 193 CITY OF SEBASTIAN, FLORIDA: Ed Dodd, Mayor ATTEST: Jeanette Williams, MMC City Clerk OWNER: M. Henry Fischer, Agent Cross Creek Addition, Inc. STATE OF FLORIDA COUNTY OF INDIAN RIVER Date: Approved as to form & legality: Jennifer Cockcroft, Esq., BCS City Attorney Date: SWORN AND SUBSCRIBED before me in person or via electronic means this day of 2024 by Henry Fisher as Agent of cross Creek Addition, who produced as identification or who is personally known to me ; and who did or did not take an Oath. NOTARY SEAL BELOW; NOTARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES ON: 3 194 EXHIBIT A Indian River County Tax Parcel: 31-39-30-00000-5000-00002.0 Legal Description: From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, run 89°32'01" West along the North Boundary of the Southwest quarter of Section 30 a distance of 1163.97 feet to the Point of Beginning; thence run South 00°09'57" East a distance of 1336.24 feet to the quarter -quarter line; thence run South 89°50'01" West along said quarter -quarter line a distance of 835.12 feet; thence run North 00°05'51" West a distance of 1331.88 feet to the North boundary of the Southwest quarter; thence run North 89°32'01" East a distance of 833.55 feet to the Point of Beginning. Less and Except the Southern fifty (50) feet of the above -described property pursuant to Chancery Order Book 9, Page 564 in the Public Records of Indian River County, Florida. 59 195 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Karen Miller, City Engineer & Special Projects Director Consideration of a purchase order for Underwater Engineering Services, Inc. in the amount of $53,684 for SUBJECT Stonecrop Project gopher tortoise relocation. EXECUTIVE SUMMARY The Stonecrop drainage project was previously approved by City Council during the bidding process ITB 23-04. The project was put on hold while waiting for FDEM and FEMA funding approval. While onsite, Underwater Engineering Services, Inc. found gopher tortoise burrows during re -mobilization and notified the City. The City's environmental technician then surveyed the site to confirm their presence. Regulations require a 25' buffer around each gopher tortoise burrow, with no heavy equipment allowed within the protection zone. As this space is not possible within the project boundaries and would halt construction, the City directed UESI to inquire about an FWC relocation permit. UESI's subcontractor, Atlantic Environmental, surveyed the site, applied for an FWC permit, and provided a report detailing conditions and relocation costs. FWC then approved a permit to relocate seven gopher tortoises to a recipient site. At this time, Staff requests approval to move forward with gopher tortoise relocation as outlined in the FWC permit. The permit allows the relocation of seven tortoises, and the cost of $53,864 will cover the costs to relocate up to seven tortoises if found and relocated from their burrows. RECOMMENDATION Staff recommends approval of a purchase order in the amount of $53,864 for Underwater Engineering Services, Inc., to provide gopher tortoise relocation services for the Stonecrop Drainage Project and authorize the City Manager or designee to approve the purchase order. ATTACHMENTS: 1. UESI Proposal 2. Gopher Tortoise Survey Report 3. FWC Gopher Tortoise Relocation Permit 4. Atlantic Environmental Proposal to UESI FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $53,864 $75,000 Discretionary Sales Tax Additional Funds Needed: N/A 196 (0 UJESI `-101 Commercial Diving I Marine Construction I Specialty Engineering I Nuclear Services September 12, 2024 Karen Miller Director of Public Works/City Engineer City of Sebastian Subject: City of Sebastian ITB #23-024 Drainage Improvement in Stonecrop Drainage Watershed Regards: Scope of Work Change-003 — Permitting and Mitigation — Gopher Tortoise To Karen Miller: UESI proposes for the change in scope of work is to work with Atlantic Environmental of Florida, LLC for the permitting, and cost to mitigate for the 7 gopher tortoises. UESI will provide a project manager on site while Atlantic Environmental conducts the capturing and relocation. Permittinq and Relocation of Gopher Tortoises: $53,864.00 o Permitting Application Fee: $272.00 o Plus Atlantic Environmental 10% fee $27.00 o Permit and relocation Fees: $3,800.00 o Mitigation cost — $6,000.00 per captured and relocated tortoises: $42,000.00 o Plus Atlantic Environmental 10% fee $4,200.00 o Relocation of 7 tortoises o Equipment Cost — Excavator: $950.00 o Plus Atlantic Environmental 10% fee: $95.00 o UESI Project Management: $2,520.00 If you should have any questions, please contact me at your convenience. Thank you, Andrew Connelly Vice President Director of Project Development Underwater Engineering Services, Inc. 3306 Enterprise Road, Fort Pierce, Florida 34982 p (772)337-3116 • f (772)337-0294 An Equal Opportunity Employer 197 ATLANTIC ENV I R O N MENTAL ENVIRONMENTAL PERMITTING & MITIGATION August 9, 2024 Mr. Andrew Connelly Underwater Engineering Services, Inc. 3306 Enterprise Road Fort Pierce, Florida 34982 Re: Gopher Tortoise Survey Report Stonecrop Canal ROW in Sebastian, FL Atlantic Environmental File No. 24817 Dear Mr. Connelly: 657 Montreal Avenue • Melbourne, FL 32935 ph 321.676.1505 • fax 321.676.1730 Atlantic Environmental of Florida, LLC (Atlantic Environmental) has completed a 100% coverage gopher tortoise survey within the canal right-of-way (ROW) depicted on Figure 1 and located south of Majestic Ave, north of Montrose Ave, and bisecting Stonecrop Street in Sebastian, Florida. The tortoise survey occurred on August 7, 2024. Gopher tortoises are state listed as a Threatened species. These species require three environmental conditions: well drained loose soil in which to burrow, adequate low -growing herbs for food, and open sunlit sites for nesting. The northern section of the ROW provides suitable habitat for gopher tortoises while the ditch and southern portion of the ROW are not suitable and housed no tortoise burrows. As can be seen on Figure 1, Atlantic Environmental located ten (10) potentially occupied tortoise burrows within the survey envelope, with one of these burrows being just outside the envelope but in an area planned to be used for staging. When a site is occupied by gopher tortoises and proposed development of the property is likely to disturb or destroy tortoise burrows, a permit is required to be obtained from the Florida Fish and Wildlife Conservation Commission (FWC) to relocate on -site resident tortoises prior to the initiation of site development. Based on the current regulations, an applicant has the below options: 1. Avoidance: Avoid individual burrows by a sufficient distance (recommended to be 25 feet) to assure that the entire burrow is protected. FWC will prohibit such avoidance should the 25-foot buffer result in "crop circles" around the burrows isolating them from other suitable areas. 2. On -site Relocation: In cases where ten or fewer tortoise burrows are affected, a relocation permit can be obtained from FWC to relocate the tortoises on -site. For on -site relocations, adequate habitat must exist on -site following construction, upon which tortoises may be captured and released back onto the site in an area where they can move freely. A mitigation contribution of $272.25 payable to the state is required by the FWC under this permit type. Just prior to construction, a trenched silt fence is required to be installed around the construction area at the time of the relocation to prevent any tortoises from getting in harm's way. 3. Off -site Relocation: If inadequate or no tortoise habitat will exist following 24817GT.Rpt www.environmentalpermitting.com 198 construction, the landowner or his agents may only pursue an off -site relocation permit with an application fee of $272.25. Also, FWC requires tortoises to be relocated to a long-term protected recipient site. The recipient site landowner's collect a fee per tortoise from the permittee to receive tortoises on their property, to employ soft release methods, and to manage tortoise habitat in perpetuity. The lowest price recipient site in this area currently charges $6,000.00 per tortoise. The total cost of the off -site relocation will ultimately come down to how many tortoises are relocated. In this case, with the exception of one burrow that is approximately 18 feet north of the northern work limits and going under a neighbor's fence (see the burrow labeled "Tortoise Burrow to Remain" on Figure 1), avoidance of the tortoise burrows does not appear to be an option nor is an on -site relocation feasible. As such, an off -site relocation for the remaining nine (9) potentially occupied burrows remains the only option. For an off -site relocation of the tortoises located within the potentially occupied burrows located within the project's footprint, the total costs include a $272.25 FWC application fee, $6,000.00 per captured and relocated tortoise in recipient site fees, $950.00 for a backhoe, and $3,800.00 for Atlantic Environmental's permitting and relocation fees. Please note that the total actual recipient site costs will not be known until the excavation is completed and the number of tortoises relocated is determined. Lastly, should the applicant desire to begin work on the south side of the ditch prior to FWC permit issuance, this should be possible, but we recommend discussing this with FWC before mobilizing. Should you desire further services or have any questions, please do not hesitate to contact our office. We would be glad to provide a proposal to you to initiate the permitting process and complete the relocation upon request. Sincerely, Jon H. Shepherd, MS, PWS President/Ecologist 24817GT.Rpt 199 Gopher Tortoise 10 or Fewer Burrows FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Division of Habitat and Species Conservation Wildlife Diversity Conservation Section 620 South Meridian Street, Mail Station 2A Tallahassee, Florida 32399-1600 (850) 921-1031 Permittee Name: City of Sebastian Permit Number Permittee Address: 1225 Main Street Effective Date: SEBASTIAN, FLORIDA Expiration Date 32958 UNITED STATES Agent Name: Austin Beard Agent Address: Atlantic Environmental of Florida 657 Montreal Avenue MELBOURNE, FLORIDA 32935 UNITED STATES IS AUTHORIZED TO: GTT-24-01437 09/05/2024 09/05/2025 ■ Capture, transport and relocate all gopher tortoise (Gopherus po/yphemus) hatchlings less than or equal to 60 mm carapace length (CL), gopher tortoises greater than 60 mm CL by non -harmful means, and to molest, damage or destroy gopher tortoise burrows while conducting these activities, subject to the following conditions and provisions, in association with development activities within the following site that contains 10 or fewer gopher tortoise burrows. Total number of gopher tortoises authorized: 7 Authorized Capture Methods: 1. Capture gopher tortoises using bucket traps 2. Capture gopher tortoises using hand shovel excavation of gopher tortoise burrows 3. Mark captured gopher tortoises 4. Release gopher tortoises at recipient sites 5. Supervise backhoe excavation of gopher tortoise burrows to capture gopher tortoises 6. Authorized to burrow scope AUTHORIZED LOCATION(S): 1.48-acre Stonecrop Canal ROW Project Site (Latitude 270 46' 3.81" N Longitude 800 30' 0.54" W), City SEBASTIAN, County INDIAN RIVER Off -site relocation - Recipient Site Name: Smoak Flats(Tier3) Unit Name: Smoak Flats - Reserved Tortoise Capacity: 7 (Latitude 270 3' 49.27" N Longitude 810 17' 15.81" W), Counties HIGHLANDS Authorized under permit GTSR-23-00001A Permittee Signature: Date: 9/9/2024 Not valid unless signed. By signature, confirms that all information provided to issue the permit is accurate and complete, and indicates acceptance and understanding of the provisions and conditions listed below. Any false statements or misrepresentations when applying for this permit may result in felony charges and will result in revocation of this permit. Authorized By Authorizing Signature: Michael Kakalow Wildlife Diversity Conservation Section Authorized for: Melissa Tucker, Division Director Date: 09/05/2024 PERMIT NO. GTT-24-01437 Page: 1 / 4 201 PERMIT CONDITIONS AND PROVISIONS: Authorization to conduct the specified activities in association with the relocation of gopher tortoises in Florida is subject to Rule 68A-9.002 and Chapter 68A-27, Florida Administrative Code (F.A.C.), and the Florida Fish and Wildlife Conservation Commission's (hereafter, 'FWC") Gopher Tortoise Permitting Guidelines (April 2008 - revisions incorporated April 2023) [hereafter, "Permitting Guidelines"], and the following provisions/conditions. Authorized activities are also predicated and conditioned on the information and assurances provided in the 08/15/2024 application (as supplemented), the assurances of which are herein incorporated by reference. Gopher tortoise capture and relocation activities may be conducted only if written local government approvals have been obtained for land clearing, grading, or construction activities and provided to the Gopher Tortoise Program (via the FWC online permit system or via email to GTPermits@MyFWC.com) prior to commencing relocation activities. Some activities authorized under this Permit may be carried out by authorized personnel or contractors of the Permittee or the designated Authorized Gopher Tortoise Agent (Agent), provided any such activities are under the direct supervision and responsibility of the Permittee or Agent. The Permittee and Agent shall be as fully responsible for any such activities to the same extent as if they had themselves carried out those activities under this Permit. Assistants may work under the supervision of an agent named on a relocation or recipient site permit if those assistants are listed in the FWC online permit system under the named agent's Authorized Gopher Tortoise Agent Permit. Assistants shall only conduct the activities authorized on the named agent's Authorized Gopher Tortoise Agent Permit. Certain activities may not be conducted by contractors of the Permittee and must be conducted by the named Agent or their Assistants (i.e., marking tortoises, supervised backhoe excavation of gopher tortoise burrows, transport of tortoises, bucket trapping of tortoises, health assessments, etc.) The Agent shall utilize the FWC online permitting system to revise its list of designated Assistants to include a designated Assistant prior to that Assistant conducting any gopher tortoise activities authorized under the permit. The FWC reserves the right to deny an Agent's designation of an individual as an Assistant if the rights of the proposed Assistant to obtain gopher tortoise permits have been suspended or revoked. Both the named Agent and Assistants may be held accountable for noncompliance with permit conditions and guidelines requirements, as the named Agent is responsible for any such activities performed by an Assistant to the same extent as if they had personally carried out those activities under the designated permit. The named Agent or their Assistants shall not perform activities under a permit when the permit conditions and guidelines requirements are not met, even if the permit status is active (e.g., tortoises shall not be released at a recipient site when the structural integrity of the soft release enclosure is compromised, or the habitat management components of the management plan are not met). Assistants shall be directly supervised on -site by the Authorized Agent when the Assistant(s) are collecting gopher tortoise blood samples or during backhoe excavation of gopher tortoise burrows. The Authorized Agent shall be as fully responsible for activities conducted by Assistants and contracted backhoe operators to the same extent as if they had themselves carried out those activities under this Permit. 4 Either this original permit, or a complete copy, shall be clearly posted at the affected site at all times while engaged in the permitted tortoises relocation activities, and shall remain posted until construction activities are completed. 5 The Authorized Agent shall notify the Gopher Tortoise Program by uploading the notice to the FWC online permit system, by email at GTPermits@MyFWC.com, or by phone at (850) 921-1031, no more than 120 hours, and at least 24 hours (excluding weekends and holidays) before initiating the tortoise relocation effort. If relocation activities are delayed beyond the notification timeframe above, notification shall be resubmitted with the revised commencement date. 6 The Authorized Agent shall report any gopher tortoise mortality or injury that occurs while conducting activities authorized under this permit to the Gopher Tortoise Program (by phone at 850-921-1031 or by email to GTPermits@MyFWC.com) within 48 hours of the occurrence. An injured gopher tortoise shall be promptly taken to either a licensed wildlife rehabilitation facility or a licensed veterinarian for evaluation and treatment. Contact information for the facility or veterinarian shall be included with the information reported. 7 A gopher tortoise burrow survey conducted by the approved survey method(s) for this project site covering 100% of the gopher tortoise habitat shall be done by the Authorized Agent and a burrow location map depicting the survey results shall be submitted to the FWC (via the FWC online permit system or via email to GTPermits@MyFWC.com) no more than 90 days and no fewer than 72 hours (excluding weekends and holidays) prior to commencing any gopher tortoise capture and relocation activities. Site preparation or development activities that disturb the vegetation or the ground which prevent the FWC from checking the accuracy of 100% gopher tortoise burrow surveys shall not be conducted until all gopher tortoises have been relocated from the PERMIT NO. GTT-24-01437 Page: 2/4 202 project site, and at least 72 hours (excluding weekends and holidays) after the 100% burrow survey results and burrow location map have been received by FWC. If construction does not begin within 90 days from the date of the most recent 100% gopher tortoise survey or capture activities, a new 100% gopher tortoise burrow survey shall be completed to ensure that additional gopher tortoises have not moved onto the site. The Authorized Agent shall submit a report detailing the capture and relocation activities via the FWC online permit system within 45 days of capture of the relocated tortoises. An after action report checklist is attached for use in that regard. Any request for permit renewal or extension should be submitted at least 45 days prior to the expiration date of this permit. If the Authorized Agent submits an interim after action report, or if no tortoise is captured, a final after action report shall be submitted for that permit no later than 30 days after the permit expires. 9 This permit does not authorize access to any public or private properties. Any required permission accordingly shall be secured from the appropriate landholders prior to undertaking any work on such properties. 10 The Permittee, by signing this permit, specifically agrees to allow authorized FWC personnel, upon presentation of credentials, access to the donor and recipient sites, at reasonable times, for the purpose of inspecting the capture/relocation activities authorized under this permit. 11 Gopher tortoise commensals listed in Chapter 68A-27 F.A.C. as State -designated threatened species and encountered in the gopher tortoise capture operation shall either be released on -site or allowed to escape unharmed, in accordance with Appendix 9 of the Gopher Tortoise Permitting Guidelines and appropriate Species Conservation Measures and Permitting Guidelines. Any observed Florida pine snakes shall be documented and submitted to Imperiled@myfwc.com. This report should include species name, GPS coordinates of where the species was found, if the animal was captured and relocated, final known disposition of the animal, and a photograph of the animal if possible. Other priority commensals (e.g., gopher frogs) should be reported to Imperiled@myfwc.com. This report shall include species names, an estimate of the number of animals found, if the animal was captured and relocated, final known disposition of the animal, and a photograph of the animal if possible. Refer to Appendix 9 of the Permitting Guidelines for additional information on gopher tortoise commensals. 12 Nonnative wildlife that are members of the families Pythonidae, Boidae, Varanidae, Iguanidae and Teiidae captured during gopher tortoise relocation activities shall be euthanized in accordance with the requirements of the Permitting Guidelines (Appendix 9.) Authorized Agents are authorized to transport conditional species for purposes of euthanasia in accordance with the transport requirements in the Permitting Guidelines. All other non- native wildlife captured shall be humanely euthanized using legal and humane methods such as those listed in the American Veterinary Medical Association euthanasia guidelines. If you are unable to euthanize the animal, contact a Nonnative Fish and Wildlife Biologist who can assist with a response at 1-888-IVEGOTI and leave a message if an operator is not available. Sightings of Burmese python, Argentine tegu, or other nonnative wildlife species shall be reported to the FWC within 48 hours by either calling the toll -free number 1-888-IVEGOTI (1-888-483- 4681) or online at www.IveGotl.org. 13 Captured gopher tortoises that show signs of disease (i.e., nasal and ocular discharge, emaciation, etc.) shall not be relocated off -site to an authorized recipient site and shall be reported to the Gopher Tortoise Program (by phone 850-921-1031 or by email to GTPermits@MyFWC.com) within 48 hours of capture. At the Authorized Agent's discretion, symptomatic tortoises may be: relocated on -site; transported to and quarantined at a FWC- licensed wildlife rehabilitation center (list available upon request) or licensed veterinary facility for treatment and subsequent relocation of recovered, non -symptomatic gopher tortoises along with others from the population; transported and donated to a FWC-permitted disease research program; or humanely euthanized by a licensed veterinarian when disease is advanced. 14 This permit does not authorize the take of Federally -designated Endangered and Threatened species. Only individuals who are in possession of a valid permit or authorization issued by the United States Fish and Wildlife Service (USFWS) to capture or possess an eastern indigo snake or other Federally -designated Endangered and Threatened species may physically handle those species. If individuals without a USFWS permit or authorization encounter an eastern indigo snake during attempts to capture gopher tortoises or during subsequent land alteration or development activities within the property, all movement of heavy equipment and land alteration or development activities within the vicinity of the snake shall cease until the snake has vacated the work area. All sightings of eastern indigo snakes should be reported to Imperiled@MyFWC.com; please include GPS coordinates and photos when available so that species of similar appearance can be ruled -out. 15 This permit is non -transferable and shall be readily available for inspection at all times while engaging in the permitted activities. This permit may be suspended, revoked or not renewed for just cause pursuant to Rule 68- 1.010, Florida Administrative Code, and Chapter 120, Florida Statutes. It is the responsibility of the Permittee, Authorized Agent, and their Assistants to comply with permit conditions and all applicable guidelines requirements. Permit noncompliance is grounds for enforcement action; for permit termination, revocation, PERMIT NO. GTT-24-01437 Page: 3/4 203 suspension, or modification; or denial of a permit renewal application (Rule 68-1.010 F.A.C.; see also Appendix 15). Failure of the Permittee, Authorized Agent and/or their Assistants to fulfill the responsibilities outlined in these guidelines puts tortoises at risk for take under Rule 68A-27.003 F.A.C. 16 During colder months, tortoises shall only be captured and relocated when the low temperature at the recipient site is forecasted by the National Weather Service ( www.nws.noaa.gov) to be above 500 F for three consecutive days (72 hours) after release (including the day of relocation). This three-day window of milder temperatures is required to allow the relocated tortoises to settle into the recipient site and reduce the chance of cold -related stress or mortality. If release of tortoises cannot be accomplished within 72 hours of capture, then capture activities must not be initiated. If capturing tortoises using bucket traps, the Authorized Agent shall cover all traps on days forecasted to be below 500 F. The 28 consecutive day trapping period must restart at day 1 when a trap is closed for any reason. 17 The activities authorized by this permit may also require additional federal, state, or local authorization or permits; for example, a Coastal Construction Control Line Permit from the Florida Department of Environmental Protection for certain coastal projects. This permit does not relieve the Permittee from obtaining any additional required authorizations or permits. All required authorizations or permits shall be obtained before engaging in any activity authorized by this permit. 18 Any potentially occupied gopher tortoise burrows that remain on the project site shall be avoided by a minimum of 25 feet throughout the duration of the project unless otherwise advised in writing by FWC staff. An FWC permit is not required when a development activity avoids impacts to potentially occupied tortoise burrows by 25 feet in all directions from the mouth of the burrows and sufficient gopher tortoise habitat will remain after development to support the remaining gopher tortoises on site. Development activity shall not harm gopher tortoises nor violate rules protecting them. Leaving a 50-foot diameter (25-foot radius) circle of habitat around each burrow (e.g., undisturbed "islands" or "crop circles") and developing the rest of a project site requires a permit to ensure that gopher tortoises are not harmed. A person whose substantial interests are affected by FWC's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A person seeking a hearing on FWC's action shall file a petition for hearing with the agency within 21 days of receipt of written notice of the decision. The petition must contain the information and otherwise comply with section 120.569, Florida Statutes, and the uniform rules of the Florida Division of Administration, chapter 28-106, Florida Administrative Code. If the FWC receives a petition, FWC will notify the Permittee. The attached Explanation of Rights statement provides additional information as to the rights of parties whose substantial interests are or may be affected by this action. PERMIT NO. GTT-24-01437 Page: 4/4 204 �-100 y ATLANTIC ENVIRONMENTAL ENVIRONMENTAL PERMITTING & MITIGATION August 12, 2024 Mr. Andrew Connelly Underwater Engineering Services, Inc. 3306 Enterprise Road Fort Pierce, FL 34982 Via email: aconnelly@uesi.com 657 Montreal Avenue Melbourne, FL 32935 321.676.1505 321.676.1730 Re: Stonecrop Canal ROW in Sebastian, FL Gopher Tortoise Permitting & Relocation Proposal Dear Mr. Connelly: Atlantic Environmental of Florida, LLC (Atlantic Environmental) is pleased to provide the following proposal for requested professional environmental services on the above -referenced project site. Following is our proposed scope of services. Unsigned, the terms of this proposal are valid until September 11, 2024. SCOPE OF SERVICE TORTOISE PERMIT APPLICATION SUBMITTAL Using the data and mapping completed on a recently completed tortoise survey, and in coordination with the FWC-approved gopher tortoise recipient site, Atlantic Environmental will develop the gopher tortoise relocation application, including all forms, narrative descriptions, and mapping, and submit it to Florida Fish and Wildlife Conservation Commission (FWC). Please note that if 90 days passes since the initial tortoise survey, we will have to resurvey, per FWC guidelines. FWC TORTOISE RELOCATION PERMIT ACQUISITION Acquisition of FWC permit allowing the off -site relocation of the resident tortoise population. OFF -SITE TORTOISE RELOCATION Atlantic Environmental will excavate all burrows on the site using a backhoe or mini -excavator. All tortoises will be temporarily contained in plastic buckets. Immediately following excavation, tortoises will be weighed, measured, permanently marked by drilling holes in the marginal scutes, and then transported to the permitted relocation site. TORTOISE SUMMARY REPORT UPON PAYMENT and Per FWC requirements, Atlantic Environmental will provide a summary report to FWC confirming the completion of the relocation effort, with all required data. PROFESSIONAL FEES (Due to Atlantic Env): $3,800.00 BACKHOE FEES(Due to Atlantic Env): $950.00** FWC APPLICATION FEE: $272.25** TORTOISES MNGT FEE: $6,000.00/GT** StonecropCanalGTrelo.Pro www.environmentalpermitting.com 205 ** = All reimbursables will be invoiced at cost plus 10 percent. Values shown above are at cost. DELIVERY Work will begin on the project upon receipt of the FWC permit and local government approval, as well as receiving the signed and accepted contract. Please note that a relocation can only occur when the temperature is forecast to be above 50 degrees F for 3 days in a row at the project and recipient site. The summary report will be submitted immediately upon payment receipt. TERMS AND CONDITIONS Please refer to the attached list of Atlantic Environmental's standard terms and conditions. To verify your agreement with the above scope of services and professional fees, as well as the attached terms and conditions, and to authorize Atlantic Environmental to commence the scope of service, please sign below and return to our office. If you have any questions regarding this proposal, please do not hesitate to contact us. We look forward to working with you! Sincerely, Jon H. Shepherd, MS, PWS President/Ecologist Client's Name (please print): Client's Signature: Date: StonecropCanalGTrelo.Pro 206 TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES BETWEEN ATLANTIC ENVIRONMENTAL OF FLORIDA, LLC. AND CLIENT 1. Services performed by Atlantic Environmental of Florida, LLC. (Atlantic Environmental) for Client, under this agreement, will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty is included or intended in this agreement, or in any report, opinion, document or otherwise. 2. Atlantic Environmental's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. Atlantic Environmental shall not be responsible for damages or delays caused by any factor outside of Atlantic Environmental's control, including, but not limited to, Client's review and decision process, permitting/approval activities, man-made or natural alterations to site conditions subsequent to our field review, and Acts of God. 3. Additional services consist of any service not specifically listed as "Scope of Service" contained herein. Such services shall include revisions due to Client changes or adjustments in scope, budget or quality of the project, and any other services not customarily furnished in accordance with generally accepted environmental consulting practice. Additional services will be billed on a mutually agreed upon hourly or fixed fee basis and shall not be commenced until a written agreement concerning the additional services is executed by all parties hereto. 4. Any opinion of permitting and mitigation cost prepared by Atlantic Environmental represents Atlantic Environmental's best judgment as an environmental professional and is supplied for the general guidance of the Client. Because Atlantic Environmental has no control over the cost of permitting and mitigation, Atlantic Environmental does not guarantee the accuracy of such opinions as compared to actual cost to the Client. 5. Atlantic Environmental may provide services to process applications for various permits for the project. Atlantic Environmental does not guarantee a permit will be issued. The standard of professional skill and care listed above will be applied to permit processing. 6. By signing this contract, the Client agrees that Atlantic Environmental's liability in association with this project shall be limited to the lesser of any actual damages which may have been caused by Atlantic Environmental's acts or omissions or the amount of the fees which the Client pays for these services under this contract. 7. Drawings, sketches, reports, and other documents produced by Atlantic Environmental are instruments of service with respect to the project and all rights of copyright thereof are retained by Atlantic Environmental. Atlantic Environmental shall have no liability in the event any changes are made to the documents by Client or others engaged by Client. 8. If the Client fails to make payment when due to Atlantic Environmental for services and expenses, Client shall be in default of this agreement, which shall entitle Atlantic Environmental to immediately cease all services as described under this or any other agreement between the parties. In the event of such suspension, Atlantic Environmental shall have no liability to the Client for delay or damages caused the Client because of such suspension of services. 9. Invoices for services and expenses will be billed upon completion of the scope of work, or upon completion of a distinct phase of the scope of work. Payment is due upon receipt of invoice. Payment will be considered past due if not received within 30 days from date of invoice. Interest will accrue on amounts past due at a rate of 2% per month. Past due payments will be, at Atlantic Environmental's option, cause for Atlantic Environmental to collect through any legal means. Client shall pay any attorney's fees, and other associated costs, incurred in collecting a delinquent payment. 10. In the event of any action arising out of or relating to this Agreement, Atlantic Environmental shall be entitled to recover its costs and expenses, including reasonable attorney's fees, incurred in connection with such action should they prevail on the matter and or issue. 11. Should the client desire to pay the agreed upon fees by credit card, the total fee amount will be increased by 3.75 percent of the total contract amount listed on the contract. StonecropCanalGTrelo.Pro 207 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE September 25, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager SEBASTIA Selection of P.A.V.C.O. Contracting Group, LLC for ITB # SUBJECT 24-19. CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The City of Sebastian released Invitation to Bid 24-19, Hangar D Build Out — South Offices, on July 24, 2024. One thousand five hundred eighty contractors were notified of the bid posting, and thirty-eight downloaded the bid. We received bids from the following companies through a competitive solicitation: (1) APD Construction, LLC; (2) P.A.V.C.O. Contracting Group, LLC; and (3) Passage Island Construction, LLLP. City Council approved an award to complete Hangar D North Offices on July 24, 2024. This award will complete the scope of work required at Hangar D under the FDOT Public Transportation Grant Agreement for the Design and Buildout of the Office Spaces in Hangar D at the Sebastian Municipal Airport. Per the grant terms, FDOT will fund 80% of the grant amount, and the City will be responsible for the remaining 20% o. The City previously entered into a lease agreement with the tenant, Proflight Management, LLC, whereby the tenant agreed to donate $80,000 to the City of Sebastian, covering the City's portion of 20% of the total grant amount ($400,000.00). RECOMMENDATION Staff recommends that the council approve P.A.V.C.O. Contracting Group, LLC's selection for Invitation to Bid 24-19 for Hangar D Build Out — South Office and authorize the City Manager to execute the agreement. ATTACHMENTS: 1. Procurement Justification 2. Notice of Intent 3. Bid Tabulation FUNDING SOURCE: Expenditure required $93,800.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $105,000.00 Funding source 80% FDOT Grant ($75,040.00) 20% Airport Tenant Contribution ($18,760.00) 208 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: 9/13/2024 TO: Jessica Graham DEPARTMENT HEAD: Jeff Sabo DEPARTMENT: Airport ® Invitation to Bid (ITB) TYPE OF PURCHASE: ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑ Piggyback/Cooperative ❑ 3 Written Quotes P.A.V.C.O. Contracting Group, LLC PROPOSED VENDOR: ITEMS OR SERVICES General Contracting Services for Hangar D REQUIRED: ADDITIONAL INFORMATION The Procurement Division issued an Invitation to Bid for Hangar D Build Out - South Offices. Three companies submitted bids to provide general contracting services. After reviewing the submittals and references, P.A.V.C.O. Contracting Group, LLC is the lowest responsive, responsible bidder. Approved: Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 209 4@rSEBASTIAN CENTENNIAL CELEBRATION BID TABULATION Bid #: 24-19-ITB Bid Title: Hangar D Build Out - South Offices Complete Electronic PDF Submittal Bid Checklist Contact Information Sheet (if applicable) Corporate Resolution Statement of Bidder's Qualifications Non -Collusion Affidavit Drug -Free Workplace Program Debarment and Suspension Certification Lobbying Certification Reference List Scrutinized Companies Certification Addenda Acknowledgement Bid Price Form Proof of Professional Certification Bid Bond Subcontractor List Local Vendor Preference Affidavit (if applicable) Business Tax Receipt (if applicable) Item Description AIL -inclusive price to complete Hangar D Build Out - South Offices per bid specifications and plans in attachment A and Attachment B. Posting Date: September 13, 2024 APD Construction LLC Orlando, FL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NOT Applicable. Grant funded project P.A.V.C.O. CONTRACTING GROUP, LLC Melbourne, FL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NOT Applicable. Grant funded project N/A N/A Lump Sum Bid Lump Sum Bid $ 99,529.79 $ 93,800.00 $ Passage Island Construction, LLLP Vero Beach, FL Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NOT Applicable. Grant funded project Yes Lump Sum Bid Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 210 SEBASTIAN CENTENNIAL CELEBRATION INTENT TO AWARD Date: September 13, 2024 Solicitation #: 24-19-2024 Solicitation Title: Hangar D Build Out - South Offices Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 Notice is hereby given that the City of Sebastian intends to award an Agreement upon approval of the City Council on Wednesday, September 25, 2024, at 6:00 PM EST to the following Bidder: P.A.V.C.O. CONTRACTING GROUP, LLC All City Council meetings are open to the public. If you have any questions, please don't hesitate to contact me at 772-388-8231 or iessQraham &.citvofsebastian.ora. Sincerely, EDocuSigned by: DICCCSBOC95D4F8_. Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. " END OF DOCUMENT 211 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE September 25, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager SEBASTIA Selection of Palmdale Oil Company, LLC for ITB 24-18 SUBJECT for Citywide Fuel Supply. CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The Citv of Sebastian released Invitation to Bid 24-18, Citywide Fuel Supply, on Julv 24, 2024. Two hundred eighty-two contractors were notified of the bid postina, and twenty downloaded the bid. We received bids from the following companies through a competitive solicitation: (1) Greens Ener1?v Services, Inc. (2) Palmdale Oil Company, LLC; (3) Petroleum Traders Corporation, and (4) Lynch Oil Companv. The bid from Lynch Oil Companv was marked non -responsive as Lynch Oil Company did not provide the documents required per the bid. Although the fuel prices will fluctuate with the market, the markup/discount for delivery will remain the same for the Agreement's term. Palmdale Oil Company provides a $0 markup on premium unleaded 97 for transport deliveries compared to the $0.1125 markup we pay through our current piggyback agreement with Glover Oil Company. The initial contract term will be two (2) years, and upon mutual written agreement of both parties, the contract may be renewed for two (2) additional 24-month terms. RECOMMENDATION Staff recommends that the City Council approve Palmdale Oil Company, LLC's selection for Invitation to Bid 24-18 for Citywide Fuel Supply and authorize the City Manager to execute the agreement. ATTACHMENTS: 1. Procurement Justification 2. Notice of Intent 3. Bid Tabulation FUNDING SOURCE: Expenditure required Dependent on actual usage Additional Funds Needed: $ 0.00 Amount Budgeted: Dependent on actual usage Funding source General Fund, Stormwater, and Enterprise Funds Operating Budgets 212 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: 9/9/2024 TO: Jessica Graham DEPARTMENT HEAD: Lee Plourde DEPARTMENT: Public Works ® Invitation to Bid (ITB) TYPE OF PURCHASE: ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Palmdale Oil Company, LLC ITEMS OR SERVICES Unleaded and Diesel Fuel REQUIRED: ADDITIONAL INFORMATION The Procurement Division issued an Invitation to Bid for Citywide Fuel. Four companies submitted bids to provide services. Palmdale Oil Company provides the lowest overall cost to the City for transport and tank wagon fuel deliveries. Digitally signed by Jessica Graham Jessica ON: cn=Jessica Graham. c=US, o=Ctty of Sebastian, —Procurement Division, email=jessgraham@cityofsebaslian.nrg Approved: Date: 2024,09,1311:18:07-04.00' G ra h a m Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 213 SEBASTIAN (ENTENNIAL (ELEBRATION INTENT TO AWARD Date: September 6, 2024 Solicitation #: 24-18-ITB Solicitation Title: Citywide Fuel Supply Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 Notice is hereby given that the City of Sebastian intends to award an Agreement upon approval of the City Council on Wednesday, September 25, 2024, at 6:00 PM EST to the following Bidder: PALMDALE OIL COMPANY, LLC All City Council meetings are open to the public. If you have any questions, please don't hesitate to contact me at 772-388-8231 or i esss;raham(a)citvofsebastian.orR. Sincerely, DocuSigned by: D1CCC580C95D4F8... Jessica Graham, CPPB Procurement/Contracts Manager City of Sebastian "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. " END OF DOCUMENT 214 SEBASTIAN !no (ENTENNIAL (REBRATION BID TABULATION Bid #: 24-18-ITB Bid Title: Citywide Fuel Supply Bid Tabulation Complete Electronic PDF Submittal Contact Information Sheet Corporate Resolution Statement of Bidder's Qualifications Non -Collusion Affidavit Drug -Free Workplace Program Debarment and Suspension Certification Lobbying Certification Reference List Scrutinized Companies Certification Addenda Acknowledgement Subcontractor List Bid Price Form Local Vendor Preference Affidavit (if applicable) Business Tax Receipt (if applicable) Proof of Professional Certification (if applicable) Item Description Transport (5,000 Gallon Minimum Delivery) Premium Unleaded 87 Premium Unleaded 89 Premium Unleaded 92 Diesel #2 Ultra Low Sulfur Diesel #2 Ultra Low Sulfur— Red Dye Tank wagon (No Minimum Delivery) Premium Unleaded 87 Premium Unleaded 89 Premium Unleaded 92 Diesel #2 Ultra Low Sulfur Diesel #2 Ultra Low Sulfur— Red Dye GREENS ENERGY SERVICES, INC. PALMDALEOIL COMPANY, LLC PETROLEUM TRADERS CORPORATION Orlando, FL Palm Beach Gardens, FL Ft. Wayne, IN. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A N/A N/A N/A N/A Markup or Discount Markup or Discount Markup or Discount $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 $.0 (Zero) $ 0.0398 $ 0,0148 $ 0,0902 $ 0,0498 $ 0.0648 $ (0.0219) $ (0.1188) $ 0.0267 $ 0.0356 $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.1898 No Bid No Bid No Bid No Bid No Bid $ 0.1898 $ 0.1898 $ 0.1898 $ 0.4544 Note: Lynch Oil Company was marked Non -Responsive. The bidder did not provide the documents required per the bid. Posting Date: September 6, 2024 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 215 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE September 25, 2024 }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Brian Benton, City Manager SEBASTIAN Consideration of Interlocal agreement between the City of Sebastian and Indian River County for Anchoring < E N T E N N I A L C E L E 0 R A T I O N SUBJECT Limitation Areas 1914.1014 EXECUTIVE SUMMARY On September 27th, 2023 City Council approved Resolution No. R-23-29 requesting the Board of County Commissioners of Indian River County to adopt the areas set forth in Exhibit "A" as areas of Limited Local Anchoring pursuant to Section 327.4108, Florida State Statute. Following discussion by IRC Staff and the IRC Board of County Commissioners a proposed Interlocal agreement has been drafted with the following terms: • The County will provide staff to coordinate with a consultant and the municipalities for the implementation of Anchoring Limitation Areas (ALA) • The County will secure the services of a consultant to coordinate with the County and the municipalities on the design, permitting and installation of signs and buoys within the ALA • The County and the City will work with the consultant to apply for and acquire the needed permits • The Consultant will develop a bid package for the deployment of uniform waterway markers per the guidelines • The County will advertise and award a piling and buoy/marker installation services contract • The Consultant will work directly with the City on piling and buoy installation by providing construction oversight of the contractor receiving the award of bid from the County • The City and County will split all of the costs associated with the activities listed above equally, with each Party paying 50% of those costs • The City would be responsible for 100% of the costs associated with the survey and permitting • The City is solely responsible for the repair and ongoing maintenance of all signage and buoys as we as continued compliance with all conditions of the required permits, licenses and approvals related to the ALA • The City will be 100% responsible for enforcement of the restrictions of the ALA. RECOMMENDATION Staff requests Council's direction on whether we should enter this Interlocal Agreement with the County. Staff s concern is in regards to the on -going monitoring and maintenance of the pilings and buoys within the ALA. Staff does also have some concern with the unknown upfront costs and the on -going costs associated with this. As well, any approval should be subject to legal review and approval of the final ILA as the City Attorney has several items of concern as well. ATTACHMENTS: 1. Interlocal Agreement 2. Resolution No. R-23-29 3. Exhibit "A" Proposed ALA zones 216 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source Estimate $80-95,000.00 + survey N/A N/A Additional Funds Needed: Estimate $80-95,000.00 plus additional surveying costs (currently unknown) 217 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN FOR ANCHORING LIMITATION AREAS IN SEBASTIAN, FLORIDA This Agreement for Anchoring Limitation Areas ("Agreement") is made and entered by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27t" Street, Vero Beach, Florida, 32960, ("County"), and the City of Sebastian, Florida, a municipal corporation, whose address is 1225 Main Street, Sebastian, FL, 32958 ("City") (each a "Party" and collectively referred to as the "Parties"). RECITALS A. WHEREAS, in 2021, the Florida Legislature amended Section 327.4108, Florida Statutes, to allow counties to enact ordinances establishing anchoring limitation areas adjacent to urban areas that have residential docking facilities and significant recreational boating traffic; and B. WHEREAS, Section 327.4108, Florida Statutes, also requires at least thirty (30) days' prior notice to the Fish and Wildlife Conservation Commission ("FWCC") before introducing this type of ordinance and that anchoring limitation areas be marked with signage and buoys permitted by the FWCC; and C. WHEREAS, Additionally, Section 327.4108, Florida Statutes, requires that anchoring limitation areas be less than 100 acres in size, not include any portion of the marked channel of the Florida Intracoastal Waterway, and not exceed, in total, ten percent (10%) of a county's delineated navigable -in -fact waterways; and D. WHEREAS, City has requested County establish three (3) anchoring limitation areas within the City of Sebastian, as further described herein; and E. WHEREAS, The Parties desire to enter into this Agreement to provide for the necessary permits, signage, and buoys and enforcement and maintenance activities prior to County enacting an ordinance establishing the anchoring limitation areas within the City. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Location. City requests that County enact an ordinance designating Anchoring Limitation Areas in accordance with Section 327.4108, Florida Statutes, the areas marked in Exhibit A attached and incorporated by reference herein. City warrants that all areas marked on Exhibit A are under the exclusive control of City and not the State of Florida, and do not include any portion of the marked channel of the Florida Intracoastal Waterway. The enactment of an ordinance establishing the Anchoring Limitation Areas is subject to approval by the Board. City's execution of and performance under this Agreement does not guarantee that the ordinance will be enacted. 218 2. FWCC and Other Permits. - The County will provide staff to coordinate with a consultant retained by the County for the implementation of Anchoring Limitation Areas (ALA) within the City. The consultant will coordinate with the County and the City to design, permit and install the signs and buoys within the ALA. The County and the City will work with the consultant to apply for and acquire the needed permits through FWC, USACE, FDEP and USCG for the sign and buoy deployment. The City will be the permit holder for the necessary markers identifying the ALAs. The consultant will develop a bid package for the deployment of uniform waterway markers per the guidelines established in the FWC, USACE, USCG and FDEP permits. The County will advertise and award a piling and buoy/marker installation services contract in accordance with County purchasing guidelines encompassing the City's required marking needs for the identified ALA areas. The consultant will work directly with the City on piling and buoy installation by providing construction oversight of the contractor receiving the award of bid from the County. 3. Buovs and Signage. County will provide and pay all costs associated with the provision and installation of all necessary signage and buoys to mark the Anchoring Limitation Areas. County shall undertake and be solely responsible for all such provision and installation, which shall not commence until County's enactment of the relevant ordinance and receipt of all required permits, licenses, or approvals as provided in Paragraph 2 above. For all of the work cited in Paragraphs 2 and 3 herein, the Parties will split those costs equally, with each Party paying for 50% of those costs. City will reimburse County for their 50% share of those costs within thirty (30) days following notice from County of same. Any surveys needed to establish the ALAs shall be supplied or paid for by the City. 4. Compliance and Maintenance. City is solely responsible for the repair and ongoing maintenance of all signage and buoys marking the Anchoring Limitation Areas, as well as continued compliance with all conditions of the required permits, licenses, and approvals from federal, state, and local agencies related to the Anchoring Limitation Areas. 5. Enforcement. City will be responsible for enforcement of the restrictions of the Anchoring Limitation Areas authorized by Section 327.4108, Florida Statutes, and for the enactment of any regulations or other procedures necessary for such enforcement. County will not be responsible for enforcement of the restrictions of the Anchoring Limitation Areas. 6. Subcontractinq/Assignment. While City has the right to retain subcontractors to perform the obligations set forth in Paragraphs 4 and 5, City shall remain solely liable for performance under this Agreement. City may not, under any circumstances, assign any right or interest in this Agreement to any third party. 7. Term. The term of this Agreement shall begin on the date it is fully executed by the Parties ("Effective Date") and shall continue for a period of one (1) year, with automatic yearly renewals on an ongoing basis until the Agreement is terminated in accordance with Paragraph 8. below. 8. Termination. Either Party may terminate this Agreement, with or without cause, by giving written notice to the other Party at least thirty (30) days prior to the date of termination. 219 Notwithstanding any termination of this Agreement, City's obligations pursuant to Paragraph 4 shall continue until such time as County repeals the ordinance establishing the Anchoring Limitation Areas or as determined by the City not maintaining or enforcing the ALA. In addition, if County does not enact an ordinance designating the Anchoring Limitation Areas within one (1) calendar year after the Effective Date, this Agreement will automatically terminate at that time without the requirement of further action by either Party. 9. Sovereign Immunitv. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing in this Agreement is intended to serve as a waiver of sovereign immunity by any Party nor shall anything included herein be construed as consent by either Party to be sued by third parties in any matter arising out of this Agreement or any other contract. Each Party is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and shall be fully responsible for the acts and omissions of its agents or employees to the extent required by applicable law. To the greatest extent permitted under Florida law, City shall indemnify, hold harmless, and defend County and all of County's current, past, and future officers, agents, and employees (collectively, "Indemnified Party") from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach this Agreement by City, or by any negligent act or omission of City, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, City shall, upon written notice from County, defend each Indemnified Party with counsel satisfactory to County or, at County's option, pay for an attorney selected by County Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 10. No Partnership or Other Benefits. Nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. At no time shall City nor its agents act as officers, employees, or agents of County. City shall not have the right to bind County to any obligation not expressly undertaken by County under this Agreement. 11. Contract Administrator Authoritv. Each of the Parties' respective Contract Administrators are authorized to coordinate and communicate with each other to manage and supervise the performance of this Agreement, including the exercise of ministerial authority in connection with the day-to-day management of this Agreement. 12. Public Records. Each of the Parties is a public entity required to comply with Florida's Public Records Act, and each shall fulfill all required obligations under Chapter 119, Florida Statutes. To the extent City is acting on behalf of County as stated in Section 119.0701, Florida Statutes, City shall: 12.1. Keep and maintain public records required by County in the performance of its 220 obligations under this Agreement; 12.2. Upon request from County, provide County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by Applicable Law; 12.3. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by Applicable Law for the duration of this Agreement and after completion or termination of this Agreement if the records are not transferred to County; and 12.4. Upon completion or termination of this Agreement, transfer to County, at no cost, all public records in possession of City or keep and maintain public records required by County relating to City's performance of its obligations under this Agreement. If City transfers the records to County, City shall destroy any duplicate public records that are exempt or confidential and exempt. If City keeps and maintains the public records, City shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County upon request in a format that is compatible with the information technology systems of County. If a public records request is directed to either Party, that Party shall be responsible for responding to such public records request. If a Party receiving a public records request seeks records from the other Party to respond to the public records request, the other Party will provide any responsive public records so as to enable the Party that received the public records request to respond as required. IF EITHER PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE FOLLOWING: FOR CITY INQUIRIES TO COUNTY: (772) 226-1424, publicrecords(@indianriver. gov, Public Records Custodian, 1801 27t" Street, Vero Beach, Florida, 32960. FOR COUNTY INQUIRIES TO CITY: 122S Main Street, Sebastian, FL 32958. 13. Audit Riqhts and Retention of Records. County shall have the right to audit the books, records, and accounts of City and any of its subcontractors that are related to this Agreement. City and its subcontractors shall keep such books, records, and accounts as may be necessary to record complete and correct entries related to this Agreement and performance under this Agreement. All such books, records, and accounts shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, City or its Subcontractor shall make same available in written form at no cost to County. 221 City and any of its subcontractors must preserve and make available, at reasonable times within Indian River County, Florida, for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for at least three (3) years after expiration or termination of this Agreement or until resolution of any audit findings, whichever is longer. Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County the right to conduct such audit or review at City's place of business, if deemed appropriate by County, with seventy-two (72) hours' advance notice. 14. Notices. In order for a notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Addresses may be changed by the applicable Party giving notice of such change in accordance with this section. FOR COUNTY: Melissa McIntyre-Meisenburg Senior Lagoon Environmental Specialist 1801 27th Street Vero Beach, Florida, 32960 Email address: mmeisenburq(@indianriver.gov FOR CITY: 1225 Main Street Sebastian, FL 32958 Email address: 15. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 16. Compliance with Laws: Equal Opportunity. City must comply with all Applicable Law, including, without limitation, American with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and the requirements of any applicable grant agreements. 222 17. Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 18. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Nineteenth Judicial Circuit in and for Indian River County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 19. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of County and City. 20. Prior Aqreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 21. Counterparts and Multiple Oriqinals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is intentionally left blank.) 223 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date Approved by BCC ATTEST: Ryan L. Butler, Comptroller and Clerk of Circuit Court Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal County Attorney 224 CITY 225 Exhibit A Anchoring Limitation Areas Legal Descriptions 226 RESOLUTION NUMBER R-23-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ADOPT THE AREAS SET FORTH IN EXHIBIT "A" AS AREAS OF LIMITED LOCAL ANCHORING PURSUANT TO STATE LAW; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute §327.4108 (2023) provides a framework for limited local anchoring regulation by a county; and, WHEREAS, pursuant F.S. §327.4108, the county government has the authority to enact "length of stay" limitations on transient boaters anchoring in waters within the political jurisdiction of counties and municipalities; and, WHEREAS, the City desires to have such limited anchoring areas within the city limits as provided by state law; and WHEREAS, the City finds such "length of stay" limitations are in the public interest and promotes the public health, safety, and welfare of its citizens and visitors; and WHEREAS, the City hereby requests that the Board of County Commissioners of Indian River County designate and establish the Anchoring Limitation Areas set forth in the attached Exhibit "A" in accordance with state law; and WHEREAS, the areas designated in Exhibit "A" comply with the requirements of Florida Statute §327.4108 (2023). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SEBASTIAN, FLORIDA AS FOLLOWS: Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are found to be true and correct, and are hereby adopted and incorporated herein as forming the legislative findings, purpose, and intent of this Resolution along with any Staff reports. Section 2. Desig natation of and Establishment of Anchorine Limitation Areas. Attached hereto, marked as Exhibit "A", is a diagram of the areas within the boundaries of the City to be established as areas of limited anchoring in accordance with Florida Statute §327.4108 (2023.) 228 Section 3. Adoption of Exhibit "A." The City requests that the Board of County Commissioners of Indian River County formally adopt the areas designated in Exhibit "A" .is the areas of limited anchoring in the City of Sebastian in accordance with state law. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member raodd . The motion was seconded by Council Member McPaitlan and. upon Put it) a vote. the vote was as follows: Mayor Fred Junes ave Vice Mayor Chris Nunn aye Council Member Kelly Dixon aye Council Member Ed Dodd aye Council Member Bob McPartlan aye The Mayor thereupon declared this resolution duly passed and adopted this 27th day of September, 2023. ATTEST: . anette Williams City Clerk Approved as to form & legality VJeWhifer Cockcroy Attomey (TIN OF SEBASTIAN. FLORIDA Fred .lanes. Mayor 229 CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELf0RATION 1914.1014 CITY COUNCIL STAFF REPORT DATE September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Brian Benton, City Manager Proposed FY24-25 Sebastian Municipal Golf Course Rate SUBJECT Adjustments EXECUTIVE SUMMARY During the City Council Budget workshops held earlier this year, there was discussion regarding the Golf Course and the current rate structure. Resolution No. R-15-07 gives the City Manager and Golf Course Director discretion in setting rates and fees for the Sebastian Municipal Golf Course. However, due to the amount of discussion Staff had with Council, Staff felt it prudent to bring forward the proposed changes for Council input. RECOMMENDATION Staff requests input from Council on the proposed rate adjustments. ATTACHMENTS: 1. FY24-25 Sebastian Municipal Rate Changes 2. Resolution No. R-15-07 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 231 FY 24-25 Sebastian Municipal Rates All rate ranges are subject to a 7% sales tax. Renewal of existing memberships, discount cards, locker rentals and USGA Golf Handicaps are due at the beginning of each Fiscal Year, which is October V. Section 1 Annual Membership Rate Range Annual Membership Single $1,050 Annual Membership Familii $1,750 Family membership is defined as a married couple with or without minor dependents OR a head of household residing with minor dependents under the age of eighteen (18) years. Member Daily Rate Range 18 hole cart fee $18 9 hole cart fee $12 18 hole walk (depends on season) $0 - $7 9 hole walk (depends on season) $0 - $5 Section 2 232 Non -Member Dailv Rates Summer (June 1 through September 301 Ride 18 holes (AM times) $34 Ride 18 holes w/Discount Card (AM times) $27 Ride 18 holes (PM times) $26 Ride 18 holes w/Discount Card (PM times) $22 Ride 9 holes $22 Ride 9 holes w/Discount Card $19 Walk 18 holes $18 Walk 18 holes w/Discount Card $13 Walk 9 holes $13 Walk 9 holes w/Discount Card $11 Non -Member Dailv Rates Fall (October 1 through December 20) & Spring (April 16 through Mav 311 Ride 18 holes (AM times) $44 Ride 18 holes w/Discount Card (AM times) $38 Ride 18 holes (PM times) $38 Ride 18 holes w/Discount Card (PM times) $32 Ride 9 holes $27 Ride 9 holes w/Discount Card $23 Walk 18 holes $27 Walk 18 holes w/Discount Card $22 Walk 9 holes $17 Walk 9 holes w/Discount Card $13 Non -Member Dailv Rates Winter (December 21 through April 15) 233 Ride 18 holes (AM times) $58 Ride 18 holes w/Discount Card (AM times) $47 Ride 18 holes (PM times) $52 Ride 18 holes w/Discount Card (PM times) $41 Ride 9 holes $32 Ride 9 holes w/Discount Card $27 Walk 18 holes $34 Walk 18 holes w/Discount Card $28 Walk 9 holes $19 Walk 9 holes w/Discount Card $16 Section 3 Additional Rate Ranges (all Fiscal Yearl Club Rental (18 holes) $35 Club Rental (9 holes) $18 Club Storage $90 Discount Card $80 Golf Handicap Fee $30 Golf Lesson (half hour) $50 Junior Golf Lesson (half hour, under age 17) $20 Junior Fee (walking, under age 171 $3 Junior Range Balls (per token! $1 Range Balls (per token] $4 Rider Fee (non-playing) $12 Section 4 234 ADJUSTMENTS The dates and hours set forth may be adjusted at the discretion of the Director of Golf, due to amount of play and area competitive conditions. The City Manager is authorized to establish the rate within the approved range due to overall financial position of the enterprise fund, amount of play and area competitive conditions. The Director of Golf is authorized to advertise and promote the use of the Golf Course within the promotions and advertising budget account, and with the approval of the City Manager, offer special promotional rates and match special rates being promoted by competitors within the area. Section 5 GOLF COURSE CAPITAL PROECTS FUND Accounts will be established for a Golf Course Capital Projects Fund and 5% of the revenues received from the rates in Section 1, 2 & 3 may be transferred to this fund. These transfers, including investment earnings, shall be committed to the cost of major capital repairs or improvements needed to provide a quality public facility. Section 6 MEMBERSHIP REFUND POLICY Membership refunds will only apply to medical disabilities and loss of life, prior to January 1st, full proration of membership fee and taxes (i.e. December 1st refund equals 10/12 of membership fees and taxes.) After January 1st, and prior to April 1st, 50% refund of unused balance (i.e. February refund shows four (4) months used, 50% of 8 months fees and taxes refunded.) After April 11t, no refunds. 235 RESOLUTION NO. R-15-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION R-12-04 PERTAINING TO RATES AND FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 25, 2012, City Council adopted Resolution No. R-12-04 which established rates and fees for the Sebastian Municipal Golf Course; and WHEREAS, City Council concurred with a recommendation by the City Manager to give the City Manager and Golf Course Manager discretion in setting rates and fees for the Sebastian Municipal Golf Course; and WHEREAS, City Council considered and adopted Ordinance No. 0-15-04 on March 25, 2015 following a public hearing thereon, repealing provisions which required that rates and fees for the Sebastian Municipal Golf Course shall be adopted by City Council resolution following a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, the City of Sebastian as follows: Section 1. REPEAL. Resolution No. R-12-04 is repealed in its entirety. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Council Member McPartlan . The motion was seconded by Council Member Adams and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor aye Vice Mayor Jerome Adams aye Council Member Andrea Coy aye Council Member Jim Hill absent Council Member Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 25" day of March, 2015. C=Gillmor, ORIDA B R ATTE v , Approved as to Form and Legality for O Reliance by the City of Sebastian Only: Sally A. Mai , MC City Clerk PobertGinsburg, City Attorney P*11- CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT }�- DATE Monday, September 25, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ken Killgore, Finance Director SEBASTIA Consider Action to Write Off the $430,000 Loan to the SUBJECT Golf Course from the General Fund CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY From 2014 through 2017, a number of major capital improvements and repairs were initiated at the Golf Course. Renovations were made to the irrigation system, greens, cart paths, restaurant and clubhouse. These were primarily funded with discretionary sales taxes and a formalized loan with interest from the Building Department. Sales revenue suffered during those construction periods and this resulted in the Golf Course having negative cash balances during 2015 and 2016. To manage this, $500,000 was loaned to the Golf Course from General Fund. In 2022 and 2023 $70,000 was repaid, leaving a current balance of $430,000. It has been suggested that the remainder of the loan be written off. It is apparent that even with a reasonable increase in rates, the Golf Course cannot cover the cost of normal operation and maintenance and still be able to cover the need for ongoing capital improvements. The loan has not been considered as part of the General Fund's emergency cash reserves, so it will not be affected should this action be taken. RECOMMENDATION Consider the write off of the $430,000 loan to the Golf Course. ATTACHMENTS: 1. N/A FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source None N/A N/A Additional Funds Needed: $ 0.00 237