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Home My WebLink About03-26-2025 CC AgendaN( l,* SEBASTIAN CENTENNIAL CELEBRATION 1924.1024 CITY COUNCIL SEBASTIAN CITY COUNCIL ATTORNEY -CLIENT SESSION THEN REGULAR CITY COUNCIL MEETING & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, MARCH 26, 2025 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Vice Mayor Jones 4. ROLL CALL 5. RECESS TO CONVENE ATTORNEY -CLIENT SESSION in accordance with ES.286.011(8) in regard to pending litigation in accordance with a request made at the March 12, 2025 Regular City Council Meeting by City Attorney Jennifer Cockcroft to discuss the follow case: a. Gilliams v. City of Sebastian, Case Number 24-AP-02 ESTIMATED LENGTH OF SESSION: 30 MINUTES Names of Persons Attending Attorney -Client Session Mayor Bob McPartlan, Vice Mayor Fred Jones, Council Member Kelly Dixon, Council Member Ed Dodd, Council Member Chris Nunn, City Attorney Jennifer Cockcroft, Special Counsel Andrew W. Mai, City Manager Brian Benton and a Certified Court Reporter. 6. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY -CLIENT SESSION 7. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 8. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. 1 9. 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. Recess the City Council Meeting and Convene the Community Redevelopment Agency Meeting 10. COMMUNITY REDEVELOPMENT AGENCY Recess the City Council Meeting and Convene the Community Redevelopment Agency a. Consider Draft February 26, 2025 CRA Minutes Staff Report February 26, 2025 CRA Minutes b. Consider approval of the Annual Riverfront Community Redevelopment Association Report for Fiscal year 2023/2024 Staff Report CRA Activity Report 2024 C. Consider adoption of a resolution for a Florida Inland Navigation District grant for the construction of Swing and Bench Park Staff Report FIND Swing and Bench Park d. Consider adoption of a resolution for a Florida Inland Navigation District grant for the dredging of the Main Street Boat Ramp area Staff Report FIND Resolution - Main St Boat Ramp e. Consider approval of Resolution R-25-10, approving an application for a Florida Boating Improvement Program grant for Main Street Boat Ramp dredging and improvements along with required matching funding and authority to execute Staff Report R-25-10 Adjourn the Community Redevelopment Agency and Reconvene the City Council Meeting 11. 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. Alcohol Beverage Approval — Bedolla Family Staff Report 2 Bedolla Baptism - 1 st Communion Event b. Alcohol Beverage Approval — Faulkner Family Staff Report Faulkner Rental Application and Receipt Alcohol Beverage Approval — Picardi Family Staff Report Jennifer Picardi Documents d. Consideration of beer being sold at the Earth Day Event in Riverview Park on Saturday, April 26, 2025. Staff Report Supporting Document e. City Council consideration of waiving rental fees and approval of road closure for programs and events as detailed Staff Report Shark Race - Save The Date Junior Tennis Tour I9 Sports Road Closure Worksheet for May 10, 2025 Road Closure Type 2 f. Request for Authorization to Sign Memorandum of Agreement (MOA) with Department of Homeland Security Immigration and Customs Enforcement (ICE) Staff Report Memorandum of Agreement Florida State Statute 908 LEAD News Release g. Consideration of the Annual Riverfront Community Redevelopment Association report for Fiscal year 2023/2024 Staff Report CRA Activity Report 2024 h. Consider adoption of FIND Resolution No. R-25-06 for a Florida Inland Navigation District grant for the dredging of the Main Street Boat Ramp area Staff Report FIND Resolution R-25-06 Consider adoption of Resolution R-25-07 for a Florida Inland Navigation District grant for the construction of Phase One of the Riverview Park Master Plan Staff Report FIND Resolution R-25-07 Consideration of FIND Resolution R-25-08 for a Florida Inland Navigation District grant application submittal for the construction of Swing and Bench Park, provide required matching funding and authority to execute. Staff Report FIND Resolution R-25-08 3 k. Consider adoption of Resolution R-25-10 for a Florida Boating Improvement Program grant for Main Street Boat Ramp dredging and improvements Staff Report Resolution No. R-25-10 12. 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. 13. PUBLIC HEARINGS 14. UNFINISHED BUSINESS 15. NEW BUSINESS a. Consider purchase orders for Asphalt Paving Systems, not to exceed $1,477,223.45, for Phase 3 road repaving and authorize the City Manager or designee to execute. Staff Report Asphalt Paving Systems Quote Phase 3 Barber Street Paving Map Procurement Justification Resolution R-24-20 b. Consider adoption of Resolution R-25-09 for a Florida Inland Navigation District grant for the expansion of the Working Waterfront District, approve required matching funding and provide authority to execute. Staff Report FIND Resolution R-25-09 Aerial view of Sembler Property - 1528 Indian River Drive C. Consider Resolution No. R-25-11 for the creation of a purchase order for Motorola Solutions, Inc. in the amount of $92,238 to provide public safety communications Staff Report Resolution R-25-11 #042021-MOT - Piggyback Agreement Motorola Contract 042021 Procurement Justification Motorola Quote - Redacted 16. CITY ATTORNEY MATTERS a. Special Magistrate Agreement for Services under FS Chapter 162, Code Enforcement Staff Report Armitage Agreement.pdf Draft Letter 2025 Special Magistrate Agreement 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 4 19. CITY COUNCIL MATTERS Vice -Mayor Jones Mayor McPartlan Council Member Nunn Council Member Dixon Council Member Dodd 20. 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 THREE 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 COMMUNITY REDEVELOPMENT AGENCY of S E Bqs, t� �2 �FPELICP�` STAFF REPORT DATE March 26, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Consider Approval of Draft February 26, 2025 CRA Minutes EXECUTIVE SUMMARY Draft minutes of the February 26, 2025 CRA Meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. February 26, 2025 CRA Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: S 0.00 7 Cn Ly SPEL31064ST - HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached February 26, 2025 Community Redevelopment Agency minutes were approved at the March 26, 2025 Community Redevelopment Agency meeting. Chairman Bob McPartlan ATTEST: Jeanette Williams, City Clerk 8 Regular City Council & CRA Meeting February 26, 2025 Page 3 Sebastian Craft Club 2°d Annual Treasure Hunt Invitation Mr. Gillmor gave invitations to Council for the 2nd Annual Treasure Hunt put on by the Sebastian Craft Club on March 8, 2025 from 10 am to 3 pm at Riverview Park. The grand prize will be an Atocha replica treasure coin made of silver that was under the water for 400 years. They will also be having a costume contest and are asking families to dress up as pirates. Prunine of Shade Trees and Planned Renovations at Riverview Park Charlene Fuhrman brought up the recent pruning of the shade trees at Hardee Park. She thinks all of the parks need more shade trees. She is concerned about the upcoming renovations planned for Riverview Park that might take away more of the shade trees. She would like to see the addition of ping pong tables made out of concrete or the creation of bocce ball courts. The City Manager explained that some of the trimming of the oak trees is done for wind mitigation and to prevent hazards. COMMITTEE REPORTS & APPOINTMENT - None THE COMMUNITY REDEVELOPMENT AGENCY MEETING Mayor McPartlan recessed the City Council meeting and as Chairman he convened the Community Redevelopment Agency meeting at 6:22 p.m. A. Consider Aanroval of November 20, 2024 Communitv Redevelopment Agency Minutes Staff Report MOTION by Ms. Dixon and SECOND by Mr. Dodd to approve the November 20, 2024 CRA Minutes passed with a unanimous voice vote of 5-0. 25.028 B. Consideration of a purchase order for Alan Jav Automotive Management Inc., in the amount of $57.481.00 for a Ford Sun_ er Duty F250 Crew Cab for CRA Landscavine The Community Development Director highlighted the importance of making sure purchases are in accord with the adopted 2023 CRA Master Plan. The purchase of this truck will allow for the enhancement and maintenance of landscaping within the Community Redevelopment boundary, while still preserving the character of Sebastian. MOTION by Mr. Dodd and SECOND by Ms. Dixon to approve the purchase of the Ford Super Duty F250 Crew Cab for $57,481.00 to be used for CRA landscaping. Chairman McPartlan asked if anyone from the public or on Zoom wanted to speak on this item and no one responded. Regular City Council & CRA Meeting February 26, 2025 Page 4 Roll call: Vice Chairman Jones - aye Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Motion carried. 5-0 25.029 C. Selection of Dredains & Marine Consultants, LLC for RFO 25-06 for Professional Desisn Services for Main Street Park and Boat Rama in the amount of $99.995 The Community Development Director stated the design services for Main Street Park and Boat Ramp would also be done in accordance with the adopted 2023 CRA Master Plan goals of improving infrastructure and drainage in the CRA District, as well the goal of making improvements to waterfront parts and public spaces. The Procurement and Contracts Manager stated that City Council had approved a FIND grant for the design of the Main Street Park and Boat Ramp on November 20, 2024 and as a result a solicitation and a request for qualification was sent out for the project. There were six respondents. Dredging & Marine Consultants was the highest rated vendor by the Evaluation Committee, and staff recommends moving forward with a contract with this vendor. The FIND grant was for $100,000 and the cost for this dredging comes under budget at $99,995. MOTION by Mr. Nunn and SECOND by Vice Chairman Jones to approve moving forward with a contract with Dredging & Marine Consultants in the amount of $99,995. Chairman McPartlan asked for public input and there was none. Roll call: Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Vice Chairman Jones - aye Motion carried. 5-0 Chairman McPartlan adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:27 p.m. All Council Members were present. 10. CONSENT AGENDA A. Consider Approval of the February 12, 2025 City Council Minutes 25.030 B. Alcohol Beverage Approval — Roman Family 25.028 C. Consideration of a purchase order for Alan Jay Automotive Management Inc., in the amount of $57,481.00 for a Ford Super Duty F250 Crew Cab for CRA Landscaping 10 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY OF 5 E B'qS '92 2 � O h �FPELICP�` STAFF REPORT DATE March 26, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Alix Bernard, CRA Manager SUBJECT Consideration of the Annual Community Redevelopment Agency Report for fiscal year 2023/2024 EXECUTIVE SUMMARY Florida Statutes require the Community Redevelopment Agency to file a report of activities for the primary government year. The Annual report of activities for the fiscal year ending September 30, 2024, is presented to the Community Redevelopment Agency Board of Directors for review and recommendation to the City Council to approve the report. Following the City Council's acceptance, the report will be published on the agency's website and sent to the taxing agencies. RECOMMENDATION Staff Recommends Approval of the Fiscal Year 2023/2024 Annual Community Redevelopment Agency Report. ATTACHMENTS: 1. Riverfront CRA Annual Report 2024 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 11 SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Chapter 163.371 Florida Statute ary of �T SE� N HOME OF PELICAN ISLAND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2024 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Riverfront CRA Annual Report 2024 12 SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT TABLE OF CONTENTS Letter of Transmittal List of Principal Official's History Exhibit I - Sebastian CRA Boundary Accomplishments FY 2024 Sebastian CRA Performance Activities Table I — Performance Activities 2024 Table II — Fagade, Sign, & Landscape Grant i ii 1 2 3 4 4 5 Tax Increment Revenues 5 Exhibit II — Operating Millage Rates in Redevelopment Area 6 Exhibit III — Taxable Value in Redevelopment Area 7 Exhibit IV — Tax Increment Revenue 8 Financial Statements 9 Balance Sheet 9 Statement of Revenues, Expenditures, and Changes in Fund Balances 10 Budget and Actual 11 Riverfront CRA Annual Report 2024 13 CrFYOF SETT HOME OF PELICAN ISLAND March 26, 2025 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2024. In accordance with Chapter 163.371 Florida Statutes, each CRA is required to file with its governing body on or before March 31 each year a report of its activities for the preceding fiscal year. This report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. Respectfully submitted, Alix Bernard Community Development Director/CRA Manager City of Sebastian /a--,) ::�� /. Brian Stewart Finance Director City of Sebastian Riverfront CRA Annual Report 2024 14 LIST OF PRINCIPAL OFFICIALS Community Redevelopment Board As of September 30, 2024 Chairman Ed Dodd Vice Chairman Kelly Dixon Board Member Fred Jones Board Member Chris Nunn Board Member Bob McPartlan ii Riverfront CRA Annual Report 2024 15 History of the Sebastian Communitv Redevelopment A2encv (Sebastian CRA) The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally bounded on the north, south and east by the City limits as of 1995, and on the west by the FEC Railroad right-of-way. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and commercial land use. The total Sebastian CRA land area is approximately 398 acres (Exhibit 1). Excluding road rights - of -way, zoning and land use covers approximately 299 acres. The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010, presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. Termination of Sebastian CRA (F.S. 163.3755) A community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing body of the County or municipality that created the community redevelopment agency approves its continued existence by a majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039. Riverfront CRA Annual Report 2024 — 1 16 Accomplishments of the Sebastian Communitv Redevelopment A2encv (Sebastian CRA) The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). The Sebastian CRA has continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan (2010). Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: ❑ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. ❑ Developed community redevelopment master plan in 2003. ❑ Completed Jackson Street extension, sidewalk, and street light project in 2004. ❑ Completed improvements to the Yacht Club including the finger pier project. ❑ Completed construction on the Indian River Drive/Main Street intersection project. ❑ Established a Fagade, Sign and Landscaping matching grant program. ❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole project, which enhanced the view at the western entrance to the CRA area. ❑ Contributed $20,000 to a film production about the story of Pelican Island. ❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park. ❑ Updated the CRA Master Plan in 2010. ❑ Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront Properties. Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited food service "Eatery". ❑ Established a Sewer Connection Grant Program in 2015 to encourage septic to sewer conversions and reduce pollution into the Indian River Lagoon. Obtained funding assistance from IRLNEP for the Septic to Sewer assistance program in 2018 to the present. ❑ Completed roadway improvements to the Presidential Streets and Baffle Box installation for improved water quality at the outfalls. ❑ Completed repairs to the CavCorp boat parking property. ❑ Completed a Riverfront Parking Study in 2011 resulting in the establishment of the Parking -in -lieu program for parking within right-of-way of business district. ❑ Provided continued financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses since 2000 including: Pelican Island Festival, Earth Day, Clam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Acquired property along the Indian River shoreline for preservation as an extension of public property. ❑ Re -paved Indian River Drive and improved drainage swales and provided new enhanced pedestrian cross walks. ❑ Funded necessary repairs to the Working Waterfront historic property including: historic building repairs; new elastic coating roof; new plumbing and dock maintenance. ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District. ❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees, sidewalks, parking, and event areas. ❑ Initiated Sign Master Plan design by incorporating compatible public property identification signs throughout Riverfront CRA District. ❑ Completed Riverview Park Sidewalks per the Park Master Plan. ❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District. ❑ Completed construction of the Working Waterfront Shoreline Protection and Commercial Fishing Distribution Center Parking Lot Improvement Plan. ❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park. ❑ Completed pedestrian walking trail connection from US Hwy 1 to Indian River Drive by constructing sidewalk on N. Central Avenue as part of CDBG action plan. ❑ Continued funding of improvements to Riverfront Park including irrigation and landscape. ❑ Worked with FDOT on Complete Streets design for pending improvement project on US Hwy 1. Riverfront CRA Annual Report 2024 — 3 18 Tax Increment Revenue The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. Riverfront CRA Annual Report 2024 — 5 20 The City's millage decreased from $5.00 per $1,000 in FY 2001 to $3.1955 per $1,000 in FY 2024. The millage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5475 per $1,000 in FY 2024. Rates from 2001 through 2024 are presented in Exhibit II below. Exhibit lQ Sebastian Community Redevelopement Agency Operating Tillage Rates in Redevelopment Area Indian City Total Fiver of M>71age Fiscal Year 92MP!Y Sebastian Applied : 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 2007 3.1914 3.0519 6.2433 2008 3.0202 2.9917 6.0119 2009 3.0202 3.3456 6.3658 2010 3.0892 3.3456 6.4348 2011 3.0892 3.3041 6.3933 2012 3.0892 3.3041 6.3933 2013 3.0892 3.7166 6.8058 2014 3.2620 3.7166 6.9786 2015 3.3375 3.8556 7.1931 2016 3.3602 3.8556 7.2158 2017 3.3602 3.8000 7.1602 2018 3.4604 3.4000 6.8604 2019 3.4604 3.1514 6.6118 2020 3.5475 2.9399 6.4874 2021 3.5475 3.1514 6.6989 2022 3.5475 3.0043 6.5518 2023 3.5475 2.9050 6.4525 2024 3.5475 3.1955 6.7430 Total Tax Increment Millage Applied 100000 9.0000 m 8.0000 - - 7.0000 - - - 6.0000 -- -- - - --- - - - - - - 5.0000 -- --- - ---- - - - - -- �, 4.0000 - --- -- - - -- - c 3.0000 -- --- - - ---------- 2.0000 -- --- - ----------- 1.0000 -- --- - ----- - - - - -- - Fiscal Year Source: City of Sebastian Finance Department Riverfront CRA Annual Report 2024 21 The initial implementation of the tax increment financing was for the Fiscal Year 2001 and its base year value was set at the taxable value for 1994. When the CRA area was expanded, the base year value for the expanded area was set at the taxable value for 2003. As a result, by Fiscal Year 2005, the total incremental value was $36,862,574. As compared to the Fiscal Year 2024 total incremental value of $73,677,552, the incremental value of the redevelopment area increased by 99.9% since Fiscal Year 2005. The taxable values in redevelopment area from 2001 through 2024 are presented in Exhibit III below. Fiscal Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 100.0 » 90.0 80.0 0 70.0 c 60.0 `0 50.0 u, 40.0 c 30.0 - 20.0 g 10.0 0.0 Exhibit III Sebastian Community Redevelopement Agency Taxable Value in Redevelopment Area 0 o Change in Taxable Base Year 1. 1 J. -- — ,11 Value Value Value Value S45.834.920 S34.959.870 S10.875.050 58,263,740 34,959,870 23,303,870 114.29% 58.844.190 34,959.870 23,884,320 2.49% 66.307,980 34,959,870 31,348,110 31.25% 78,424,554 41,561,980 36,862,574 17.59% 89.418,550 41,561,980 47,856,570 29.82% 134,755,060 41,561,980 93,193,080 94.73% 129,700,130 41,561,980 88,138,150 -5.42% 127.735.740 41.561:980 86,173:760 -2.23% 1112909.020 41.561.980 70.347.040 -18.37% 90:533,980 41,561,980 48,972,000 -303901 83.558.060 41,561:980 41,996:080 -14.241-0 82,753,350 41,561,980 41,191,370 -1.92% 82:598:780 41,561.980 41,036,800 -0.38% 84.939.810 41.561.980 43,377,830 5.70% 91.018,390 41,561,980 49,456,410 14.01% 91:875.329 41,561,980 50,313,349 1.73% 97.801.122 41:561.980 562239,142 11.78% 102.731,140 41,561,980 61,169,160 8.77% 106:989.123 41.561.980 65.427.143 6.96% 108.269.522 41.561.980 66,707,542 1.96% 111,457,189 41,561,980 69,895,209 4.78% 112:541.300 41:561:980 70,979,320 1.55% 115:239.532 41:561.980 73,677:552 3.80% Tax Increment Values Fiscal Year Source: City of Sebastian Finance Department Riverfront CRA Annual Report 2024 MM V Based on the millage rates and significant increases in taxable values, the tax increment revenue has risen dramatically. The total tax increment revenue in 2001 was $94,029. The required tax increment revenue in 2024 has increased to $471,967. However, this is a 14.61% decrease from the highest year of 2007 when the total was $552,741. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2023 are presented in Exhibit IV below. Exhibit IV Sebastian Community Rddevelopement _agency Tax Increment Revenue Indian Cite River of Fiscal Year Coca Sebastian Total 2001 S42,373 S51,656 S94,029 2002 89,664 101.625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 126,886 160,753 287,639 2006 160,051 178,786 338,837 2007 282,546 270,195 552,741 2008 252,885 250,499 503,384 2009 251,236 273,888 525,124 2010 206,450 223,585 430,035 2011 143,720 153,900 297,620 2012 123,248 131,821 255,069 2013 120,886 145,437 266,323 2014 127,169 144,891 272,060 2015 137,535 158,885 296,420 2016 157,874 181,150 339,024 2017 160,610 181,631 342,241 2018 184,879 181.652 366,531 2019 201,086 183,130 384,216 2020 220,498 182,732 403,230 2021 242,367 215,305 457,672 2022 192,832 192,833 385,665 2023 274,075 195,885 469,960 2024 248,303 223,665 471,967 Note: The $192,832 in 2022 should have been $227,698. A shortage of $34,866 which was collected in 2023, in addition to $239,209 which was the corrected required amount due for 2023. Tax Increment Revenue $600,000 - M7000 $400,000 - - $300,000- $200.000 so - - - - - T T Fiscal Year Source: City of Sebastian Finance Department Riverfront CRA Annual Report 2024 - 8 23 Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2024 Unaudited ASSETS Cash and cash equivalents Investments Accounts receivable Prepaid items Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Total liabilities Deferred inflows of resources Deferred lease amounts Fund balances: Nonspendable Restricted Total fund balance Total liabilities and fund balance $ 995,006 139,975 24 758 $ 1,135,763 $ 1,191 1,191 758 1,133,814 1,134,572 $ 1,135,763 Riverfront CRA Annual Report 2024 24 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2024 Unaudited REVENUES: Taxes: Property $ 471,967 Rental income 23,739 Investment earnings 26,362 Total revenues 52208 EXPENDITURES: Current: Economic environment 229,471 Total expenditures 229,471 Revenues over (under) expenditures 292,597 OTHER FINANCING USES: Transfers out (47,310) Total other fmancing uses (47,310) Net changes in fund balance 245,287 Fund balance - beginning 889,285 Fund balance - ending $ 1,134,572 Riverfront CRA Annual Report 2024 — 10 25 Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2024 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: Economic environment Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING USES Transfers in Transfers out Total other financing (uses) Net changes in fund balances Fund balances - beginning Fund balances - ending Budget Amounts Original Final $ 471,765 $ 471,765 11,950 11,950 16,500 16,500 500,215 500,215 271,370 271,370 271,370 271,370 228,845 228,845 (60,000) (116,450) (60,000) (116,450) 168,845 112,395 889,285 889,285 $ 1,058,130 $1,001,680 Actual Amounts on a Budgetary Basis $ 471,967 26,362 23,739 522,068 229,471 229,471 292,597 (47,310) (47,310) 245,287 889,285 $1,134,572 Variance with Final Budget - Positive (Negative) $ 202 14,412 7,239 21,853 (41,899) (41, 899) 63,752 69,140 69,140 132,892 $ 132,892 Riverfront CRA Annual Report 2024 -11- 26 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY OF 5 E B,qs �,i 92 Z Q' �FPELICO STAFF REPORT DATE March 26, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Alix Bernard, CRA Manager Consideration of Resolution for Florida Inland SUBJECT Navigation District grant for the construction of Swing and Bench Park EXECUTIVE SUMMARY Staff is requesting the consideration of adopting a resolution that will be submitted to the Florida Inland Navigation District as part of the grant application process for the construction of Swing and Bench Park, including shoreline stabilization. The design and permitting are underway now per the CRA 2024 CIP. The adopted 2023 Community Redevelopment Masterplan recommends strategies for implementing the redevelopment plan. "Improved pedestrian experience through connectivity, streetscape, and pocket parks is a major theme within the CRA and consistent with the CRA's Guiding Principles. " The construction of a swing and bench park aligns with the adopted master plan. This grant would fund 50% of the construction cost of Swing and Bench Park, including shoreline stabilization, ADA walkway, seating, ADA access to the Lagoon, and other small park furnishings. Staff has also applied to the State of Florida Recreation Development Assistance grant program and the Lagoon Collaborative Partner grant program for matching funds to offset the overall cost. The design and permitting are projected to be completed by mid -September 2025. RECOMMENDATION Staff recommends that the resolution be approved for the submission of the grant application to FIND and for the CRA to provide the required match. ATTACHMENTS: 1. Resolution FUNDING SOURCE: Expenditure required $400,000 Additional Funds Needed: N/A Amount Budgeted $400,000 Funding source FIND 50% o ($200,000) CRA (FY26 CIP) and/or, State of Florida 50% ($200,000) 27 ATTACHMENT E-5 RESOLUTION FOR ASSISTANCE 2025 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Sebastian is interested in carrying out the (Name ofAgency) The City of Sebastian following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Swing & Bench Park Total Estimated Cost $ 400,000 Brief Description of Project: Construction of public access and shorline improvements to Swing & Bench Park AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Sebastian (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Sebastian (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Sebastian (Name of Agency) AND, be it further resolved by the City of Sebastian (Name of Agency) that it certifies to the following: I . That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) K-1 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Sebastian for public use. (Name ofAgency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Sebastian City Council at a legal meeting (Agency Governing Board) held on this day of 20 Attest Title (2) Signature Title Form No. 25-30, Rule 66B-2 (Executed Date: xx-xx-xx) 29 The foregoing Resolution was moved for adoption by Council Member . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney 30 CITY OF SEBASTIAN A Cr COMMUNITY REDEVELOPMENT AGENCY OF 5 E B'qSIX i '92 0 Z �Q. ' PELICN"' STAFF REPORT DATE March 26, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Alix Bernard, CRA Manager Consideration of resolution for Florida Inland SUBJECT Navigation District grant for the dredging of the Main Street Boat Ramp area EXECUTIVE SUMMARY Staff is requesting that the attached resolution with the Florida Inland Navigation District be adopted for the dredging of the Main Street boat ramp. The design and permitting are underway now, funded partly by a 2024 FIND grant. The adopted 2023 Community Redevelopment Masterplan recommends strategies for implementing the redevelopment plan: "Major Themes include Infrastructure & Drainage; Waterfront, Parks and Public Spaces. " Dredging the Main Street boat ramp is in alignment with the Master Plan. This grant would fund 50% of the construction cost. The major improvement would be the dredging of the boat ramp area to allow safer ingress and egress when launching and retrieving vessels. The design and permitting will be completed by mid -September 2025. Staff has also applied to the Land and Water Conservation Fund and Florida Boating Improvement Program for matching funds to offset the overall cost. RECOMMENDATION Staff recommends that the resolution be approved for the submission of the grant application to FIND and for the CRA to provide the required match. ATTACHMENTS: 1. Resolution FUNDING SOURCE: Expenditure required $500,000 Additional Funds Needed: N/A Amount Budgeted $500,000 Funding source FIND 50% ($250,000) CRA and/or LWCF, State of Florida 50% ($ 250,000) 31 ATTACHMENT E-5 RESOLUTION FOR ASSISTANCE 2025 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Sebastian is interested in carrying out the (Name of Agency) The City of Sebastian following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Main Street Boat Ramp Total Estimated Cost $ 500,000 Brief Description of Project: Boat Access improvements to Main Street Boat Ramp AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Sebastian (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Sebastian (Name o f Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Sebastian (Name ofAgency) AND, be it further resolved by the City of Sebastian (Name ofAgency) that it certifies to the following: That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. KY' 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City Of Sebastian for public use. (Name ofAgency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Sebastian City Council at a legal meeting (Agency Governing Board) held on this day of 20 Attest Title (2) Signature Title Form No. 25-30, Rule 66B-2 (Executed Date: xx-xx-xx) 33 The foregoing Resolution was moved for adoption by Council Member . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney 34 CITY OF SEBASTIAN F Oi PELIC COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE March 26, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Alix Bernard, CRA Manager Z Consideration of Resolution R-25-10, approving an application for a Florida Boating Improvement Program Grant for the dredging of the Main Street SUBJECT Boat Ramp area; authorizing matching funding from the CRA and providing authority to execute EXECUTIVE SUMMARY City of Sebastian CRA Staff is requesting approval for the attached Resolution No. R-25-10 in order to submit an application to the Florida Boating Improvement Program for the dredging of the Main Street Boat Ramp. The total cost of the project is estimated to be $200,000.00. This Grant would fund up to $160,000.00 of the construction costs, and Staff is recommending the use of CRA funding for the remaining $40,000.00. The City of Sebastian's adopted 2023 Community Redevelopment Masterplan recommends strategies for implementing the redevelopment plan: "Major Themes include Infrastructure & Drainage; Waterfront, Parks and Public Spaces. " Dredging the Main Street Boat Ramp is in alignment with the Master Plan. The major improvement would be the dredging of the boat ramp area to allow safer ingress and egress for users (residents and visitors of the City of Sebastian) when launching and retrieving vessels. The design and permitting will be completed by mid -September 2025. The design and permitting are underway now, funded partly by a 2024 FIND Grant. Staff has also applied to the Land and Water Conservation Fund and Florida Inland Navigation District for matching funds to offset the overall cost. RECOMMENDATION Staff recommends adoption of Resolution No. R-25-10, approving submittal of a grant application to the Florida Boating Improvement Program, providing approval for matching funding through the CRA, and approving the execution by the Mayor and the City Manager or designee as needed. ATTACHMENTS: Resolution R-25-10 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $200,000 $200,000 FBIP ($160,000) CRA, FIND, and/or LWCF ($ 40,000) Additional Funds Needed: N/A 35 RESOLUTION NO. R-25-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR AUTHORIZATION FOR THE CITY TO MAKE AND PERFECT A GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Be it adopted and resolved by the City Council of the City of Sebastian, Florida as follows: Section 1. Legislative Findings and Intent (a). The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising this Resolution. (b). The City of Sebastian, Florida, is interested in applying for Project and grant approval, receiving and accepting grant funds, and carrying out a Project for the enjoyment of the citizens of the City of Sebastian and the State of Florida, which Project will have a multiplicity of benefits to the City and the State, which Project is commonly known as and referred to as the "Main Street Boat Ramp Project." (c). Financial assistance from the Florida Boating Improvement Program (FBIP) is essential to the implementation of the development of the Main Street Boat Ramp Project. (d). The City of Sebastian has developed and maintained a very good relationship with the State of Florida and its agencies over the years, and the City and State have worked well together in grant and funding relationships for the benefit of the State of Florida and its public welfare. Section 2. Approval Of FBIP Grant (a). The City Council of the City of Sebastian hereby approves a FBIP grant application for the Main Street Boat Ramp Project. (b). The City Manager is authorized to make application and re -application, as needed, to the State of Florida under the FBIP grant program in the amount of $200,000 on behalf of the City in order to obtain partial funding from the State of Florida for the Project. (c). The City Manager is authorized to encumber matching funds in the amount of $40,000 on behalf of the City in order to obtain funding, as referenced herein, from the State of Florida for the Main Street Boat Ramp Project. 36 Section 3. Covenants of the City of Sebastian (a). The City of Sebastian certifies to the State of Florida and agrees that: (1). The City will accept the terms and conditions set forth in the FBIP grant Agreement. (2). The City has the ability and intention to finance the cost of the Main Street Boat Ramp Project, and the Project will be operated and maintained at the expense of the City for public use. (3). The City will not discriminate against any person on the basis of race, color, religion, disability, or national origin in the use of any property or facility acquired or developed pursuant to the FBIP grant for the Project and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, Public Law 88-352 (1964) and all other controlling law. The City shall design and construct all facilities relating to the Main Street Boat Ramp Project in order to fully comply with all laws, statutes, rules, regulations, codes, and ordinances relating to accessibility by disabled persons, including, but not limited to, the Americans with Disabilities Act. The City of Sebastian shall also comply with all other applicable federal, state, and local laws, codes, ordinances, rules, regulations, and requirements. (4). The City will maintain adequate financial records on the Main Street Boat Ramp Project to substantiate claims for reimbursement and in order to appropriately accomplish any and all pre -audits and post -audits of the expenditure of public funds as well as a performance review of the Project and the achievement of the goals and objectives of the FBIP grant program. Section 4. Implementing Administrative Actions (a). The Mayor of the City of Sebastian is hereby authorized to execute the grant agreements relating to the FBIP grant program. (b). The City Manager or designee is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed appropriate. (c). The City Manager is hereby authorized to expend such City funds as may be necessary to accept and implement the grant under the FBIP grant program for the Main Street Boat Ramp Project. Section 5. Savings The prior actions of the City of Sebastian relating to the development of boating facilities and related activities are hereby ratified and affirmed. 37 Section 6. Conflicts All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. Section 7. Severability If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force, or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 8. Effective Date This Resolution shall become effective immediately upon enactment. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Council Member Ed Dodd Council Member Kelly Dixon Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: Jennifer Cockcroft, City Attorney 38 CITY OF SEBASTIAN A OF S E B,qs �I C� 17% = 4 0FPELICP�` CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SUBJECT Alcohol Beverage Approval — Bedolla Family EXECUTIVE SUMMARY The Bedolla family is having a Baptism/lst Communion event at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Rental Application 2. Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: N/A 39 L'm Of SEBASTtAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 ' For emergency purposes ONLY, please dial772.473.0454' Today's Date: A i a (V b 6 as M ak� A - "Ned 01 IG Name of Permittee (permits may only be issued to an adult) )111S L wrn Io S+ Physical Address r— Name of Organization (if applicable) Mailing Address (if different) (deb -ha 0 rL. Z�iS City State Zip Reasdn for Rental - Type of Function (-yla )1) 3, Oq 5 S Phone iarr°�o I I G e ri kE► S 7 °, mall . Com E-Mail Address & '7S Anticipated Number of Attendees (Must be less than a maximum of 150) � pn I a(O. 36as '--� I - Ir; Requested Date Time: From To Please answer the following yes or no: , /�S 1) Are you a resident of Sebastian? �I 2) Will there be an admission charge or door charge? N Q 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age `I //�� D Date of Birth Verified by f � hl• �t\-1��..�I�Ib.V�--1111 eX°�GI IZV �� UtJ <- cs�-terr S.• vo � ,.� 1 tam IT . && i tcA , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant 40 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2974 Name M f3uol aj3 e d o It cz, Date O rn e n Lo Wit Cash check # 56 7 J Credit Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services epci-� up cl, Com munu-ty tL Fcr G-br �l acl 4/Z� m.4/2s Retlj will Ie�- vyi QA,e a o n f?P Total '.. hQ Initials White - Deot. of Oriain • Yellow - Admin. Svcs. • Pink - Aoolicant 41 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SUBJECT Alcohol Beverage Approval — Faulkner Family EXECUTIVE SUMMARY The Faulkner family is having a Wedding Reception at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Rental Application and Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: S 0.00 42 Today's Date: CDC* E� 4ft. 1111111 S HOME Of PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 'For emergency purposes ONLY, please dial772.473.0454" 2-26-2025 Amy Faulkner Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 7976 103rd CT Physical Address Vero Beach City State wedding reception Reason for Rental — Type of Function Mailing Address (if different) rd Anticipated Number of Attendees (Must be less than a maximum of 50) 11-11-202b3 7pm-11 pm Requested Date Time: From Please answer the following yes or no 1) Are you a resident of Sebastian? no 2) Will there be an admission charge or door charge? no 3) Will alcoholic beverages be served? yes If yes, please provide govt. issued ID proof of age 02-07-1977 Date of Birth ( 772 473-4458 Phone amy1259@att.net E-Mail Address To Verified by Amy Faulkner , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of 'cant 43 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2967 Name firvqL/ ralujlkr�0,3__ Date 3 L j3�s r?e c �o 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent Cash Check 7 ACredit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services �'I� chi �� o- ��(e,,� -1�0—�r►e.. C'omm Uw-Lr ate'' ct-t Clt� �� -'�� `� /7 nor Q�-� ✓e�- u�c'u � � C l ►-se Initials Amount Paid Total Paid gl�so White - Deot. of Oriain • Yellow - Admin. Svcs. • Pink - ADDlicant 44 CITY OF SEBASTIAN OF 5 E B,qS � 4�' V 92 T i i O� �FpE !IC CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SUBJECT Alcohol Beverage Approval — Picardi Family EXECUTIVE SUMMARY The Picardi family is having a birthday party at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Rental Application 2. Payment Receipt FUNDING SOURCE: Expenditure required N/A Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source N/A N/A 45 Camp t�N � � Cf�v�e Time: From q ,- Kl 0 '�Ilt�ltr2� Date of Birlh CH, Cf SERAST" ;i� HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 ' For emergency purposes ONLY, please dial 772.473.0454V&L bra,.VL� Today's Date: l I _J Q n l'l AlL Ph 1, -i C/4 Na of Permittee (permits may only be issued to an adult) Name of Organization (if applicabl On A c,v - -- t-r t e, Physical Address Mailing Address (if different) 39c) 6�5) city State Zip Phone (:�CA-7 Reason for Rental — Type of Function 90—�I-D Anticipated Number of Attendees (Must be less than a maximum of 150) 0o q,t 1(0, ao a L I Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age E-Mail Address To Verified by JAR i �2 d 1 Utq- Nhe undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. - /Signature of Applicant 46 CITY OF SEBASTIAN 2962 LEISURE SERVICES RECEIPT Name_ :;jell /rtiIe i^'C�-Y' L Cash ,313121 Date _j Check � Co m m car} i � 1 �� J Credit !�l Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services �ril vp� �'(ey -fott+2 CC) MrVM U 61 �y t p4 a -LC' 41,5_ o.�- +/4 icqvn the. kcy by f/a. U_e_P0..t)1_t rc-(v ne4 ••9 L C l l.X�� mb_j� o,,) 4111 /2.5- �P _72�3 Total Paid Initials White - Dept. of Oriain • Yellow - Admin. Svcs. • Pink - Aoolicant 47 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z v4 PELICP\*' EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director SUBJECT Consideration of Beer being sold at the Earth Day Event in Riverview Park on Saturday, April 26, 2025 Pursuant to Section 74-4.7, requests to serve alcohol at City sponsored events in Riverview Park require City Council's approval. The Natural Resources Board hosts the City's annual "Earth Day Celebration" at Riverview Park on the last Saturday in April of each year. The Board is requesting the addition of alcohol to this year's event. The event date is Saturday, April 26th and the event will take place from 10:00AM to 4:OOPM. The request for consideration is as follows: The Natural Resources Board would like alcohol (draft beer) to be sold during the Earth Day Celebration event. The Rotary Club of Sebastian Recreational Foundation, Inc. will be the host and will be serving the beer on tap. Proceeds from the sales will be earmarked for a to -be -determined Lagoon Project. RECOMMENDATION Staff recommends approval of having beer sold at the Earth Day Event in Riverview Park on Saturday, April 26, 2025. ATTACHMENTS: 1. Rotary Club of Sebastian confirmation to provide beer FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: N/A 48 Joshua Simpson From: Paula Sue Barker <paulabarkerrealtor@gmail.com> Sent: Thursday, March 6, 2025 9:59 AM To: Joshua Simpson Subject: Re: FW: Earth Day & Arbor Day Celebration Yes we will have the permit to pour. Do we need to fill out a vendor form? Thank you Paula Sue Barker Broker Associate Mac Evoy Real Estate cell 772-559-2933 On Wed, Mar 5, 2025, 4:01 PM Joshua Simpson<JSimpsonCcDcitvofsebastian.ore> wrote: That's Great, Thank You for letting us know and we look forward to it again this years. I will now work to get it approved by City Council at the next meeting at the end of March. Once I have approval I will reach out again just to shore everything up and confirm. For my submittal to City Council I just wanted to confirm that the Rotary will have the permit again this year for the beer sales? I know council will look for that to be sure everyone is covered for the beer . Thank You Again Paula JOSHUA SIMPSON ZONING TECHNICIAN COMMUNITY DEVELOPMENT CITY OF SEBASTIAN OFFICE 772-388-8221 isiMDSon(@citvofsebastian.org 1 49 CM OF Sf]3ASTI N �--,. % HOME OF PELICAN ISLAND SEBASTIAN (1011MMIlt 11119t1A1110M MA • M4 From: Paula Sue Barker <r)aulabarkerrealtor@gmail.com> Sent: Wednesday, March 5, 2025 3:28 PM To: Joshua Simpson <JSimgson@citvofsebastian.ore> Subject: Re: FW: Earth Day & Arbor Day Celebration Rotary has confirmed we have beer to pour on Earth Day. Paula Sue Barker cell 772-559-2933 President, Rotary Club of Sebastian On Wed, Feb 12, 2025, 4:21 PM Joshua Simpson <JSimpson@citvofsebastian.orp,> wrote: Ok, Thanks Paula ! JOSHUA SIMPSON ZONING TECHNICIAN COMMUNITY DEVELOPMENT CITY OF SEBASTIAN OFFICE 7172-388-8221 isimpson(Dcitvofsebastian.org 2 50 CITY OF SEBASTIAN oF SEBgS O � FPELICP� CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director SUBJECT Consideration of fee waiver and road closure for upcoming programs and events EXECUTIVE SUMMARY In accordance with the City of Sebastian's Strategic Plan Goal of Quality of Life, Parks and Recreation, City of Sebastian Staff is actively producing programs and special events for the residents and visitors of Sebastian. These programs and events are designed to serve a broad range of ages and interests. In the production of these programs and events, Staff has strived to create recreation activities that 1) are needed as reflected in citizen surveys, requests and professional observation by Staff, 2) create little or no financial liability for the City, and 3) have qualified event and program producers that we can rely on to assist us in producing the program or event. Towards that end, Staff is requesting facility rental fee waivers for and a temporary road closure for one special event and two programs: 1. The Shark Fitness Race is a special event that will be produced in partnership with Treasure Coast Fitness. The event will be conducted at Riverview Park's Twin Piers area. The event is a fitness challenge competition which is anticipated to generate overnight visitors and provide an economic stimulus to the City through local tourism. The event is May 10, 2025. Staff is requesting a fee waiver for park rental and temporary road closure from Sportsman Lodge to Sebastian Blvd. for the duration of the event. The event will pay all other event expenses. The value of the fee waiver is $400.00. 2. The City will be hosting the Junior Tennis Tour (12U) Clay Court Tennis Tournament May 17 and 18, 2025, June 20-22, 2025 and July 18-20, 2025 for children from around the southeast. United States. Tennis is a very popular sport in Sebastian and we are fortunate to have some of the only public clay courts in Florida. In an effort to promote tennis to younger age groups and provide positive economic impact through sports tourism, Staff has entered into a partnership with the Junior Tennis Tour. The tour is responsible for marketing, registrations, seeding and all other aspects of pre -tournament administration. The City will provide the venue and volunteers for tournament operations. The Friendly Tennis Club has volunteered to assist in tournament operations. The value of the fee waiver for each weekend is approximately $1,200.00, depending on registration and tournament duration. 51 3. I9 Snorts will begin clinics May 3, 2025 with baseball/softball. They will also produce clinics in flag football and soccer. I9 sports is a non-competitive clinic format focused on introducing sports and team sports to children and parents that teaches the game, the skills and the fun of sport without the commitment that a more advanced league play may require. I9 will provide all of the registration, equipment, on field supervision and employee vetting as required by the State of Florida (Level II). These clinics are not competition for existing leagues such as Little League Baseball/Softball, but feeder programs for those more competitive sports leagues. The baseball/softball clinic will be conducted on Saturday mornings at Barber Street Sports Complex multi -use field to give younger siblings an option to participate while the older sibling may be playing or practicing. Staff is requesting fee waiver through December 13, 2025 to allow us to get several different clinics from several sports produced so that we know what the following years offering should be. The values of the fee waiver are $450 per 6-week clinic. RECOMMENDATION Consider approval of the fee waiver for Riverview Park's Twin Piers and temporary road closure for the Shark Fitness Race May 10, 2025 from 6 a.m. until 5 p.m. (or sooner if event has concluded). The road closure will be on Indian River Drive from Sportsman's Lodge to Sebastian Blvd. 2. Consider fee waiver for the Junior Tennis Tour tournaments May 17 and 18, June 20-22, and July 18-20, 2025. 3. Consider half -day fee waiver for I9 Sports beginning Saturday May 3, 2025 through Saturday December 13, 2025. ATTACHMENTS: 1. Shark Race Save the Date 2. Junior Tennis Tour 3. I9 Sports 4. Road Closure Worksheet for May 10, 2025 5. Road Closure Type 2 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: N/A 52 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Daniel Acosta, Chief of Police Request for Authorization to Sign Memorandum of SUBJECT Agreement (MOA) with Department of Homeland Security Immigration and Customs Enforcement (ICE) EXECUTIVE SUMMARY The Sebastian Police Department seeks to enter into a Memorandum of Agreement (MOA) with the Department of Homeland Security Immigration and Customs Enforcement (ICE) under the federal 287(g) program. This program allows selected Law Enforcement Officers (LEOs) to be nominated, trained, and approved by ICE to perform specific immigration enforcement functions under ICE's direction and supervision within the officers' jurisdiction. In February 2025, Florida established the State Board of Immigration Enforcement (SBIE) to oversee compliance with state immigration laws. Recently, the SBIE launched the Law Enforcement Accountability Dashboard (LEAD), a platform enabling law enforcement officers and employees to report any failures by their agencies to comply with Florida's immigration enforcement policies. This initiative underscores the state's commitment to enforcing immigration laws and holding agencies accountable. By participating in the 287(g) program and aligning with initiatives like LEAD, the Sebastian Police Department aims to enhance public safety by ensuring compliance with both federal and state immigration laws, including Florida Statute 908 - Federal Immigration Enforcement. This collaboration will provide our officers with the necessary training and authority to assist in identifying and addressing individuals who pose a threat to our community. RECOMMENDATION Staff requests that the Sebastian City Council grant authorization for the Chief of Police to sign the Memorandum of Agreement (MOA) with ICE. This partnership will strengthen our ability to maintain law and order while aligning with both federal and state regulations. ATTACHMENTS: 1. Memorandum of Agreement (MOA) 2. Florida State Statute 908 3. LEAD News Release FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 62 MEMORANDUM OF AGREEMENT 287(g) Task Force Model This Memorandum of Agreement (MOA) constitutes an agreement between United States Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), and the Sebastian Police Department, pursuant to which ICE delegates to nominated, trained, and certified officers or employees of the SPD (hereinafter interchangeably referred to as "Law Enforcement Agency" (LEA)), the authority to perform certain immigration enforcement functions as specified herein. The LEA represents in the implementation and administration of this MOA. The LEA and ICE enter into this MOA in good faith and agree to abide by the terms and conditions contained herein. The ICE and LEA points of contact for purposes of this MOA are identified in Appendix A. I. PURPOSE The purpose of this MOA is to set forth the terms and conditions pursuant to which selected LEA personnel (participating LEA personnel) will be nominated, trained, and thereafter be approved by ICE to perform certain functions of an immigration officer under the direction and supervision of ICE within the LEA's jurisdiction. This MOA sets forth the scope of the immigration officer functions that DHS is authorizing the participating LEA personnel to perform. Nothing contained herein shall otherwise limit the jurisdiction and powers normally possessed by participating LEA personnel as members of the LEA. However, the exercise of the immigration enforcement authority granted under this MOA to participating LEA personnel shall occur only as provided in this MOA. This MOA also describes the complaint procedures available to members of the public regarding immigration enforcement actions taken pursuant to this agreement by participating LEA personnel. II. AUTHORITY Section 287(g) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1357(g), as amended by the Homeland Security Act of 2002, Public Law 107-276, authorizes the Secretary of Homeland Security, or her designee, to enter into written agreements with a State or any political subdivision of a State so that qualified officers and employees can perform certain functions of an immigration officer. This MOA constitutes such a written agreement. III. POLICY This MOA sets forth the scope of the immigration officer functions that DHS is authorizing the participating LEA personnel to perform. It sets forth with specificity the duration of the authority conveyed and the specific lines of authority, including the requirement that participating LEA personnel be subject to ICE direction and supervision while performing delegated immigration officer functions pursuant to this MOA. For the purposes of this MOA, ICE officers will provide direction and supervision for participating LEA personnel only as to immigration enforcement functions as authorized in this MOA. The LEA retains supervision of all other aspects of the employment and performance of duties of participating LEA personnel. Revised 02/12/2025 63 IV. TRAINING AND ASSIGNMENTS Before participating LEA personnel receive authorization to perform immigration officer functions granted under this MOA, they must successfully complete mandatory training on relevant administrative, legal, and operational issues tailored to the immigration enforcement functions to be performed as provided by ICE instructors and thereafter pass examinations equivalent to those given to ICE officers. The mandatory training may be made available to the LEA in both in -person and online, recorded or virtual -meeting formats, as determined by ICE. Only participating LEA personnel who are nominated, trained, certified, and authorized, as set out herein, have authority pursuant to this MOA to conduct the delegated immigration officer functions, under ICE direction and supervision, enumerated in this MOA. Upon the LEA's agreement, participating LEA personnel performing immigration -related duties pursuant to this MOA will be assigned to various units, teams, or task forces designated by ICE. V. DESIGNATION OF AUTHORIZED FUNCTIONS For the purposes of this MOA, participating LEA personnel are authorized to perform the following functions pursuant to the stated authorities, subject to the limitations contained in this MOA: • The power and authority to interrogate any alien or person believed to be an alien as to his right to be or remain in the United States (INA § 287(a)(1) and 8 C.F.R. § 287.5(a)(1)) and to process for immigration violations those individuals who have been arrested for State or Federal criminal offenses. The power and authority to arrest without a warrant any alien entering or attempting to unlawfully enter the United States in the officer's presence or view, or any alien in the United States, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained. INA § 287(a)(2) and 8 C.F.R. § 287.5(c)(1). Subsequent to such arrest, the arresting officer must take the alien without unnecessary delay for examination before an immigration officer having authority to examine aliens as to their right to enter or remain in the United States. The power to arrest without warrant for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained. INA § 287(a)(4) and 8 C.F.R. § 287.5(c)(2). • The power to serve and execute warrants of arrest for immigration violations under INA § 287(a) and 8 C.F.R. § 287.5(e)(3). • The power and authority to administer oaths and to take and consider evidence (INA § 287(b) and 8 C.F.R. § 287.5(a)(2)) to complete required alien processing to include fingerprinting, Revised 02/12/2025 64 photographing, and interviewing, as well as the preparation of affidavits and the taking of sworn statements for ICE supervisory review. • The power and authority to prepare charging documents (INA § 239,8 C.F.R. § 239.1; INA § 238, 8 C.F.R § 238.1; INA § 241(a)(5), 8 C.F.R § 241.8; INA § 235(b)(1), 8 C.F.R. § 235.3) including the preparation of the Notice to Appear (NTA) or other charging document, as appropriate, for the signature of an ICE officer for aliens in categories established by ICE supervisors. • The power and authority to issue immigration detainers (8 C.F.R. § 287.7) and I-213, Record of Deportable/Inadmissible Alien, for aliens in categories established by ICE supervisors. • The power and authority to take and maintain custody of aliens arrested by ICE, or another State or local law enforcement agency on behalf of ICE. (8 C.F.R. § 287.5(c)(6)) • The power and authority to take and maintain custody of aliens arrested pursuant to the immigration laws and transport (8 C.F.R. § 287.5(c)(6)) such aliens to ICE -approved detention facilities. VI. RESOLUTION OF LOCAL CHARGES The LEA is expected to pursue to completion prosecution of any state or local charges that caused the alien to be taken into custody. ICE may assume custody of aliens who have been convicted of a state or local offense only after such aliens have concluded service of any sentence of incarceration. The ICE Enforcement and Removal Operations Field Office Director or designee shall assess on a case -by -case basis the appropriate actions for aliens who do not meet the above criteria based on special interests or other circumstances after processing by the LEA. After notification to and coordination with the ICE supervisor, the alien whom participating LEA personnel have determined to be removable will be arrested on behalf of ICE by participating LEA personnel and be transported by the LEA on the same day to the relevant ICE detention office or facility. VII. NOMINATION OF PERSONNEL The chief officer of the LEA will nominate candidates for initial training and certification under this MOA. For each candidate, ICE may request any information necessary for a background check and to evaluate a candidate's suitability to participate in the enforcement of immigration authorities under this MOA. All candidates must be United States citizens. All candidates must have at least two years of LEA work experience. All candidates must be approved by ICE and must be able to qualify for appropriate federal security clearances and access to appropriate DHS and ICE databases/systems and associated applications. Should a candidate not be approved, a substitute candidate may be submitted if time permits such substitution to occur without delaying the start of training. Any subsequent expansion in the number of participating LEA personnel or scheduling of additional training classes may be based Revised 02/12/2025 65 on an oral agreement of the parties but will be subject to all the requirements of this MOA. VIII. TRAINING OF PERSONNEL ICE will provide participating LEA personnel with the mandatory training tailored to the immigration functions to be performed. The mandatory training may be made available to the LEA in both in -person and online, recorded or virtual -meeting formats, as determined by ICE. Training will include, among other things: (i) discussion of the terms and limitations of this MOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICE Use of Force Policy; (v) civil rights laws; (vi) the detention of aliens; (vii) public outreach and complaint procedures; (viii) liability issues; (ix) cross-cultural issues; and (x) the obligations under federal law, including applicable treaties or international agreements, to make proper notification upon the arrest or detention of a foreign national. Approximately one year after the participating LEA personnel are trained and certified, ICE may provide additional updated training on relevant administrative, legal, and operational issues related to the performance of immigration officer functions, unless either party terminates this MOA pursuant to Section XVIII below. Local training on relevant issues will be provided on an ongoing basis by ICE supervisors or a designated team leader. IX. CERTIFICATION AND AUTHORIZATION ICE will certify in writing the names of those LEA personnel who successfully complete training and pass all required testing. Upon certification, ICE will provide the participating LEA personnel with a signed authorization to perform specified functions of an immigration officer for an initial period of two years from the date of the authorization. ICE will also provide a copy of the authorization to the LEA. The ICE supervisory officer, or designated team leader, will evaluate the activities of all personnel certified under this MOA. Authorization of participating LEA personnel to act pursuant to this MOA may be revoked at any time and for any reason by ICE or the LEA. Such revocation will require notification to the other party to this MOA within 48 hours. The chief officer of the LEA and ICE will be responsible for notification of the appropriate personnel in their respective agencies. The termination of this MOA, pursuant to Section XVIII below, shall constitute revocation of all immigration enforcement authorizations delegated herein. X. COSTS AND EXPENDITURES Participating LEA personnel will carry out designated functions at the LEA's expense, including salaries and benefits, local transportation, and official issue material. Whether or not the LEA receives financial reimbursement for such costs through a federal grant or other funding mechanism is not material to this MOA. ICE is responsible for the installation and maintenance of the Information Technology (IT) infrastructure. The use of the IT infrastructure and the DHS/ICE IT security policies are Revised 02/12/2025 66 defined in the Interconnection Security Agreement (ISA). The ISA is the agreement between ICE's Chief Information Security Officer and the LEA's Designated Accreditation Authority. The LEA agrees that each of its sites using an ICE -provided network access or equipment will sign the ISA, which defines the DHS ICE 4300A Sensitive System Policy and Rules of Behavior for each user granted access to the DHS network and software applications. Failure to adhere to the terms of the ISA could result in the loss of all user privileges. The LEA is responsible for personnel expenses, including, but not limited to, salaries and benefits, local transportation, and official issue material used in the execution of the LEA's mission. ICE will provide instructors and training materials. The LEA is responsible for the salaries and benefits, including any overtime, of all its personnel being trained or performing duties under this MOA and of those personnel performing the regular functions of the participating LEA personnel while they are receiving training. ICE is responsible for the costs of the LEA personnel's travel expenses while in a training status, as authorized by the Federal Travel Regulation and the ICE Travel Handbook. These expenses include housing, per diem and all transportation costs associated with getting to and from training. ICE is responsible for the salaries and benefits of all ICE personnel, including instructors and supervisors. The LEA is responsible for providing all administrative supplies (e.g. paper, printer toner) necessary for normal office operations. The LEA is also responsible for providing the necessary security equipment, such as handcuffs, leg restraints, etc. XI. ICE SUPERVISION Immigration enforcement activities conducted by participating LEA personnel will be supervised and directed by ICE. Participating LEA personnel are not authorized to perform immigration officer functions except when working under the supervision or direction of ICE. When operating in the field, participating LEA personnel shall contact an ICE supervisor at the time of exercising the authority in this MOA, or as soon as is practicable thereafter, for guidance. The actions of participating LEA personnel will be reviewed by the ICE supervisory officers on an ongoing basis to ensure compliance with the requirements of the immigration laws and procedures and to assess the need for additional training or guidance for that specific individual. For the purposes of this MOA, ICE officers will provide supervision of participating LEA personnel only as to immigration enforcement functions. The LEA retains supervision of all other aspects of the employment of and performance of duties by participating LEA personnel. In the absence of a written agreement to the contrary, the policies and procedures to be utilized by the participating LEA personnel in exercising these authorities shall be DHS and ICE policies and procedures, including the ICE Use of Force Policy. However, when engaged in immigration enforcement activities, no participating LEA personnel will be expected or required to violate or otherwise fail to maintain the LEA's rules, standards, or policies, or be required to fail to abide by restrictions or limitations as may otherwise be imposed by law unless doing so would violate Revised 02/12/2025 67 federal law. If a conflict arises between an order or direction of an ICE supervisory officer and LEA rules, standards, or policies, the conflict shall be promptly reported to ICE, and the chief officer of the LEA, or designee, when circumstances safely allow the concern to be raised. ICE and the chief officer of the LEA shall attempt to resolve the conflict. Whenever possible, the LEA will deconflict all addresses, telephone numbers, and known or suspected identities of violators of the INA with ICE's Homeland Security Investigations or ICE's Enforcement and Removal Operations prior to taking any enforcement action. This deconfliction will, at a minimum include wants/warrants, criminal history, and a person's address, and vehicle check through TECS II or any successor system. LEA participating personnel authorized pursuant to this MOA may be assigned and/or co - located with ICE as task force officers to assist ICE with criminal investigations. XII. REPORTING REQUIREMENTS The LEA will be responsible for tracking and maintaining accurate data and statistical information for their 287(g) program, including any specific tracking data requested by ICE. Upon ICE's request, such data and information shall be provided to ICE for comparison and verification with ICE's own data and statistical information, as well as for ICE's statistical reporting requirements and to assess the progress and success of the LEA's 287(g) program. XIII. RELEASE OF INFORMATION TO THIRD PARTIES The LEA may, at its discretion, communicate the substance of this agreement to the media and other parties expressing an interest in the law enforcement activities to be engaged in under this MOA. It is the practice of ICE to provide a copy of this MOA, only after it has been signed, to requesting media outlets; the LEA is authorized to do the same. The LEA hereby agrees to coordinate with ICE prior to releasing any information relating to, or exchanged under, this MOA. For releases of information to the media, the LEA must coordinate in advance of release with the ICE Office of Public Affairs, which will consult with ICE Privacy Office for approval prior to any release. The points of contact for ICE and the LEA for this purpose are identified in Appendix C. For releases of information to all other parties, the LEA must coordinate in advance of release with the FOD or the FOD's representative. Information obtained or developed as a result of this MOA, including any documents created by the LEA that contain information developed or obtained as a result of this MOA, is under the control of ICE and shall not be disclosed unless: 1) permitted by applicable laws, regulations, or executive orders; and 2) the LEA has coordinated in advance of release with (a) the ICE Office of Public Affairs, which will consult the ICE Privacy Office for approval, prior to any release to the media, or (b) an ICE officer prior to releases to all other parties. LEA questions regarding the Revised 02/12/2025 68 applicability of this section to requests for release of information shall be directed to an ICE officer. Nothing herein limits LEA's compliance with state public records laws regarding those records that are solely state records and not ICE records. The points of contact for ICE and the LEA for the above purposes are identified in Appendix C. XIV. LIABILITY AND RESPONSIBILITY Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal -capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual's authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be Revised 02/12/2025 69 used against that individual in subsequent criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court's decision in Giglio v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA. XV. COMPLAINT PROCEDURES The complaint reporting and resolution procedure for allegations of misconduct by participating LEA personnel, regarding activities undertaken under the authority of this MOA, is included at Appendix B. XVI. CIVIL RIGHTS STANDARDS Participating LEA personnel who perform certain federal immigration enforcement functions are bound by all applicable federal civil rights statutes and regulations. Participating LEA personnel will provide an opportunity for subjects with limited English language proficiency to request an interpreter. Qualified foreign language interpreters will be provided by the LEA as needed. XVII. MODIFICATION OF THIS MOA Modifications of this MOA must be proposed in writing and approved by the signatories. XVHI. EFFECTIVE DATE, SUSPENSION, AND TERMINATION OF THIS MOA This MOA becomes effective upon signature of both parties and will remain in effect until either party terminates or suspends the MOA. Termination by the LEA shall be provided, in writing, to the local Field Office. In instances where serious misconduct or violations of the terms of the MOA come to the attention of ICE, the ICE Director may, upon recommendation of the Executive Associate Director for Enforcement and Removal Operations, elect to immediately suspend the MOA pending investigation of the misconduct and/or violations. Notice of the suspension will be provided to the LEA, and the notice will include, at a minimum, (1) an overview of the reason(s) that ICE is suspending the 287(g) agreement, (2) the length of the temporary suspension, and (3) how the LEA can provide ICE with information regarding the alleged Revised 02/12/2025 70 misconduct and/or violations, as well as any corrective measures it has undertaken. ICE shall provide the LEA with a reasonable opportunity to respond to the alleged misconduct and/or violations and to take actions to implement corrective measures (e.g., replace the officer(s) who are the focus of the allegations). ICE will provide the LEA timely notice of a suspension being extended or vacated. If the LEA is working to take corrective measures, ICE will generally not terminate an agreement. The termination of an agreement is generally reserved for instances involving problems that are unresolvable and detrimental to the 287(g) Program. If ICE decides to move from suspension to termination, ICE will provide the LEA a 90-day notice in advance of the partnership being terminated. The notice will include, at a minimum: (1) An overview of the reason(s) that ICE seeks to terminate the 287(g) agreement; (2) All available data on the total number of aliens identified under the 287(g) agreement; and (3) Examples of egregious criminal aliens identified under the 287(g) agreement. ICE's decision to terminate a MOA will be published on ICE's website 90 days in advance of the MOA's termination. This MOA does not, is not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any person in any matter, civil or criminal. By signing this MOA, each party represents it is fully authorized to enter into this MOA, accepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound thereto to the fullest extent allowed by law. For the LEA: Date: 0 3/2 7/2 5 Signature: Title: Chief of Police For ICE: Date: Signature: Title: Chief of Police Revised 02/12/2025 71 APPENDIX A POINTS OF CONTACT The ICE and LEA points of contact for purposes of implementation of this MOA are: For ICE: Department of Homeland Security Immigration and Customs Enforcement Enforcement and Removal Operations Assistant Director for Enforcement Washington DC For the LEA: Daniel Acosta Sebastian Police Departmei Chief of Police Revised 02/12/2025 APPENDIX B COMPLAINT PROCEDURE Sebastian Police Department This MOA is an agreement between ICE and the , hereinafter referred to as the "Law Enforcement Agency" (LEA), in which selected LEA personnel are authorized to perform immigration enforcement duties in specific situations under federal authority. As such, the training, supervision, and performance of participating LEA personnel pursuant to the MOA, as well as the protections for individuals' civil and constitutional rights, are to be monitored. Part of that monitoring will be accomplished through these complaint reporting and resolution procedures, which the parties to the MOA have agreed to follow. If any participating LEA personnel are the subject of a complaint or allegation involving the violation of the terms of this MOA the LEA shall, to the extent allowed by state law, make timely notification to ICE. Further, if the LEA is aware of a complaint or allegation of any sort that may result in that individual receiving professional discipline or becoming the subject of a criminal investigation or civil lawsuit, the LEA shall remove the designated LEA personnel from the program, until such time that the LEA has adjudicated the allegation. The LEA will handle complaints filed against LEA personnel who are not designated and certified pursuant to this MOA but are acting in immigration functions in violation of this MOA. Any such complaints regarding non -designated LEA personnel acting in immigration functions must be forwarded to the ICE Office of Professional Responsibility (OPR) at ICEOPRIntake@ice.dhs.gov. 1. Complaint Reporting Procedures Complaint reporting procedures shall be disseminated as appropriate by the LEA within facilities under its jurisdiction (in English and other languages as appropriate) in order to ensure that individuals are aware of the availability of such procedures. Complaints will be accepted from any source (e.g., ICE, LEA, participating LEA personnel, inmates, and the public). Complaints may be reported to federal authorities as follows: A. Telephonically to the ICE OPR at the toll -free number 1-833-410E-OPR; or B. Via email at ICEOPRIntake@ice.dhs.gov. Complaints may also be referred to and accepted by any of the following LEA entities: A. The LEA Internal Affairs Division; or B. The supervisor of any participating LEA personnel. Revised 02/12/2025 73 2. Review of Complaints All complaints (written or oral) reported to the LEA directly, which involve activities connected to immigration enforcement activities authorized under this MOA, will be reported to the ICE OPR. The ICE OPR will verify participating personnel status under the MOA with the assistance of ICE. Complaints received by any ICE entity will be reported directly to the ICE OPR as per existing ICE policies and procedures. In all instances, the ICE OPR, as appropriate, will make an initial determination regarding DHS investigative jurisdiction and refer the complaint to the appropriate office for action as soon as possible, given the nature of the complaint. Complaints reported directly to the ICE OPR will be shared with the LEA's Internal Affairs Division when the complaint involves LEA personnel. Both offices will then coordinate appropriate investigative jurisdiction, which may include initiation of a joint investigation to resolve the issue(s). 3. Complaint Resolution Procedures Upon receipt of any complaint the ICE OPR will undertake a complete review of each complaint in accordance with existing ICE allegation criteria and reporting requirements. As stated above the ICE OPR will adhere to existing ICE reporting requirements as they relate to the DHS OIG and/or another legally required entity. Complaints will be resolved using the existing procedures, supplemented as follows: A. Referral of Complaints to LEA Internal Affairs Division. The ICE OPR will refer complaints, as appropriate, involving LEA personnel to the LEA's Internal Affairs Division for resolution. The Internal Affairs Division Commander will inform ICE OPR of the disposition and resolution of any complaints referred by ICE OPR. B. Interim Action Pending Complaint Resolution Whenever any participating LEA personnel are under investigation and subject to interrogation by the LEA for any reason that could lead to disciplinary action, demotion, or dismissal, the policy requirements of the LEA shall he honored. If appropriate, an individual may he removed from participation in the activities covered under the MOA pending resolution of an inquiry. C. Time Parameters for Resolution of Complaints It is expected that any complaint received will be resolved within 90 days. However, this will depend upon the nature and complexity of the substance of the complaint itself. D. Notification of Resolution of a Complaint Revised 02/12/2025 74 ICE OPR will coordinate with the LEA's Internal Affairs Division to ensure notification as appropriate to the subject(s) of a complaint regarding the resolution of the complaint. Revised 02/12/2025 75 APPENDIX C PUBLIC INFORMATION POINTS OF CONTACT Pursuant to Section XIII of this MOA, the signatories agree to coordinate any release of information to the media regarding actions taken under this MOA. The points of contact for coordinating such activities are: For the LEA: Deputy Chief Tim Wood Sebastian Police Department Public Information Officer For ICE: Department of Homeland Security Immigration and Customs Enforcement Office of Public Affairs Revised 02/12/2025 76 Florida State Statute Ch. 908 - Federal immigration enforcement 908.101 Legislative findings and intent. The Legislature finds that it is an important state interest to cooperate and assist the federal government in the enforcement of federal immigration laws within this state. 908.102 Definitions. As used in this chapter, the term: (1) "Federal immigration agency" means the United States Department of Justice and the United States Department of Homeland Security, a division within such an agency, including United States Immigration and Customs Enforcement and United States Customs and Border Protection, any successor agency, and any other federal agency charged with the enforcement of immigration law. (2) "Immigration detainer" means a facially sufficient written or electronic request issued by a federal immigration agency using that agency's official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U.S.C. ss. 1226 and 1357 along with a warrant described in paragraph (c). For purposes of this subsection, an immigration detainer is deemed facially sufficient if: (a) The federal immigration agency's official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law; or (b) The federal immigration agency's official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law; and (c) The federal immigration agency supplies with its detention request a Form 1-200 Warrant for Arrest of Alien or a Form 1-205 Warrant of Removal/Deportation or a successor warrant or other warrant authorized by federal law. (3) "Inmate" means a person in the custody of a law enforcement agency. (4) "Law enforcement agency" means an agency in this state charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriffs' offices, state police departments, state university and college police departments, county correctional agencies, and the Department of Corrections. (5) "Local governmental entity" means any county, municipality, or other political subdivision of this state. (6) "Sanctuary policy" means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement agency from complying with 8 U.S.C. s. 1373 or which prohibits or impedes a law enforcement agency from 77 communicating or cooperating with a federal immigration agency so as to limit such law enforcement agency in, or prohibit the agency from: (a) Complying with an immigration detainer; (b) Complying with a request from a federal immigration agency to notify the agency before the release of an inmate or detainee in the custody of the law enforcement agency; (c) Providing a federal immigration agency access to an inmate for interview; (d) Participating in any program or agreement authorized under s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 1357 as required by s. 908.11; (e) Providing a federal immigration agency with an inmate's incarceration status or release date; or (f) Providing information to a state entity on the immigration status of an inmate or detainee in the custody of the law enforcement agency. (7) "State entity" means the state or any office, board, bureau, commission, department, branch, division, or institution thereof, including institutions within the State University System and the Florida College System. 908.103 Sanctuary policies prohibited. A state entity, law enforcement agency, or local governmental entity may not adopt or have in effect a sanctuary policy. 908.104 Cooperation with federal immigration authorities. (1) A law enforcement agency shall use best efforts to support the enforcement of federal immigration law. This subsection applies to an official, representative, agent, or employee of the entity or agency only when he or she is acting within the scope of his or her official duties or within the scope of his or her employment. (2) Except as otherwise expressly prohibited by federal law, a state entity, local governmental entity, or law enforcement agency, or an employee, an agent, or a representative of the entity or agency, may not prohibit or in any way restrict a law enforcement agency from taking any of the following actions with respect to information regarding a person's immigration status: (a) Sending the information to or requesting, receiving, or reviewing the information from a federal immigration agency for purposes of this chapter. (b) Recording and maintaining the information for purposes of this chapter. (c) Exchanging the information with a federal immigration agency or another state entity, local governmental entity, or law enforcement agency for purposes of this chapter. (d) Using the information to comply with an immigration detainer. (e) Using the information to confirm the identity of a person who is detained by a law enforcement agency. 78 (f) Sending the applicable information obtained pursuant to enforcement of s. 448.095 to a federal immigration agency. (3)(a) For purposes of this subsection, the term "applicable criminal case" means a criminal case in which: 1. The judgment requires the defendant to be confined in a secure correctional facility; and 2. The judge: a. Indicates in the record under s. 908.105 that the defendant is subject to an immigration detainer; or b. Otherwise indicates in the record that the defendant is subject to a transfer into federal custody. (b) In an applicable criminal case, when the judge sentences a defendant who is the subject of an immigration detainer to confinement, the judge shall issue an order requiring the secure correctional facility in which the defendant is to be confined to reduce the defendant's sentence by a period of not more than 12 days on the facility's determination that the reduction in sentence will facilitate the seamless transfer of the defendant into federal custody. For purposes of this paragraph, the term "secure correctional facility" means a state correctional institution as defined in s. 944.02 or a county detention facility or a municipal detention facility as defined in s. 951.23. (c) If the information specified in sub -subparagraph (a)2.a. or sub -subparagraph (a)2.b. is not available at the time the sentence is pronounced in the case, but is received by a law enforcement agency afterwards, the law enforcement agency shall notify the judge who shall issue the order described by paragraph (b) as soon as the information becomes available. (4) When a county correctional facility or the Department of Corrections receives verification from a federal immigration agency that a person subject to an immigration detainer is in the law enforcement agency's custody, the agency may securely transport the person to a federal facility in this state or to another point of transfer to federal custody outside the jurisdiction of the law enforcement agency. The law enforcement agency may transfer a person who is subject to an immigration detainer and is confined in a secure correctional facility to the custody of a federal immigration agency not earlier than 12 days before his or her release date. A law enforcement agency shall obtain judicial authorization before securely transporting an alien to a point of transfer outside of this state. (5) This section does not require a state entity, local governmental entity, or law enforcement agency to provide a federal immigration agency with information related to a victim of or a witness to a criminal offense if the victim or witness timely and in good faith responds to the entity's or agency's request for information and cooperation in the investigation or prosecution of the offense. (6) A state entity, local governmental entity, or law enforcement agency that, pursuant to subsection (5), withholds information regarding the immigration information of a victim of or witness to a criminal offense shall document the victim's or witness's cooperation in the entity's or agency's investigative records related to the offense and shall retain the records for at least 10 years for the purpose of audit, verification, or inspection by the Auditor General. 79 (7) This section does not authorize a law enforcement agency to detain an alien unlawfully present in the United States pursuant to an immigration detainer solely because the alien witnessed or reported a crime or was a victim of a criminal offense. (8) This section does not apply to any alien unlawfully present in the United States if he or she is or has been a necessary witness or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering. 908.105 Duties related to immigration detainers. (1) A law enforcement agency that has custody of a person subject to an immigration detainer issued by a federal immigration agency shall: (a) Provide to the judge authorized to grant or deny the person's release on bail under chapter 903 notice that the person is subject to an immigration detainer. (b) Record in the person's case file that the person is subject to an immigration detainer. (c) Upon determining that the immigration detainer is in accordance with s. 908.102(2), comply with the requests made in the immigration detainer. (2) A law enforcement agency is not required to perform a duty imposed by paragraph (1)(a) or paragraph (1)(b) with respect to a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency performed that duty before the transfer. (3) Ajudge who receives notice that a person is subject to an immigration detainer shall cause the fact to be recorded in the court record, regardless of whether the notice is received before or after a judgment in the case. 908.106 Reimbursement of costs. Each county correctional facility shall enter into an agreement or agreements with a federal immigration agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. A compliant agreement may include any contract between a correctional facility and a federal immigration agency for housing or detaining persons subject to immigration detainers, such as basic ordering agreements in effect on or after July 1, 2019, agreements authorized by s. 287 of the Immigration and Nationality Act, 8 U.S.C. s. 1357, or successor agreements and other similar agreements authorized by federal law. 908.107 Enforcement. (1) Any executive or administrative state, county, or municipal officer who violates his or her duties under this chapter may be subject to action by the Governor in the exercise of his or her authority under the State Constitution and state law. Pursuant to s. 1(b), Art. IV of the State Constitution, the Governor may initiate judicial proceedings in the name of the state against such officers to enforce compliance with any duty under this chapter or restrain any unauthorized act contrary to this chapter. 80 (2) In addition, the Attorney General may file suit against a local governmental entity or local law enforcement agency in a court of competent jurisdiction for declaratory or injunctive relief for a violation of this chapter. (3) If a local governmental entity or local law enforcement agency violates this chapter, the court must enjoin the unlawful sanctuary policy. The court has continuing jurisdiction over the parties and subject matter and may enforce its orders with the initiation of contempt proceedings as provided by law. (4) An order approving a consent decree or granting an injunction must include written findings of fact that describe with specificity the existence and nature of the sanctuary policy that violates this chapter. 908.108 Education records. This chapter does not apply to the release of information contained in education records of an educational agency or institution, except in conformity with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 1232g. 908.109 Discrimination prohibited. A state entity, a local governmental entity, or a law enforcement agency, or a person employed by or otherwise under the direction or control of the entity or agency, may not base its actions under this chapter on the gender, race, religion, national origin, or physical disability of a person except to the extent authorized by the United States Constitution or the State Constitution. 908.11 Immigration enforcement assistance agreements; reporting requirement. (1) By January 1, 2023, each law enforcement agency operating a county detention facility must enter into a written agreement with the United States Immigration and Customs Enforcement to participate in the immigration program established under s. 287(g) of the Immigration and Nationality Act, 8 U.S.C. s. 1357. This subsection does not require a law enforcement agency to participate in a particular program model. (2) Beginning no later than October 1, 2022, and until the law enforcement agency enters into the written agreement required under subsection (1), each law enforcement agency operating a county detention facility must notify the Department of Law Enforcement quarterly of the status of such written agreement and any reason for noncompliance with this section, if applicable. 908.111 Prohibition against governmental entity contracts with common carriers; required termination provisions. (1) As used in this section, the term: (a) "Common carrier" means a person, firm, or corporation that undertakes for hire, as a regular business, to transport persons or commodities from place to place, offering his or her services to all such as may choose to employ the common carrier and pay his or her charges. (b) "Contract" means a contract that is subject to the competitive procurement requirements of the contracting governmental entity or a contract for an amount or duration requiring it to include written provisions under the procurement requirements of the governmental entity. 81 (c) "Governmental entity" means an agency of the state, a regional or local government created by the State Constitution or by a general or special act, a county or municipality, or any other entity that independently exercises governmental authority. (d) "Unauthorized alien" means a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The term shall be interpreted consistently with any applicable federal statutes, rules, or regulations. (2) A governmental entity may not execute, amend, or renew a contract with a common carrier or contracted carrier if the carrier is willfully providing any service in furtherance of transporting a person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. (3) A contract between a governmental entity and a common carrier or contracted carrier which is executed, amended, or renewed on or after October 1, 2022, including a grant agreement or economic incentive program payment agreement, must include: (a) An attestation by the common carrier or contracted carrier, in conformity with s. 92.525, that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. A governmental entity is deemed to be in compliance with subsection (2) upon receipt of the common carrier's or contracted carrier's attestation; and (b) A provision for termination for cause of the contract, grant agreement, or economic incentive program payment agreement if a common carrier or contracted carrier is found in violation of its attestation. (4) The Department of Management Services shall develop by rule a common carrier and contracted carrier attestation form no later than August 30, 2022. 1Note.—Section 1, ch. 2023-3, provides: "(1) As used in this section, the term "inspected unauthorized alien" means an individual who has documentation from the United States Government indicating that the United States Government processed and released him or her into the United States without admitting the individual in accordance with the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The term must be interpreted consistently with any applicable federal statutes, rules, or regulations. "(2) The Legislature finds that the Federal Government has failed to secure the nation's borders and has allowed a surge of inspected unauthorized aliens to enter the United States. In January 2023, the Governor issued Executive Order 23-03, directing state law enforcement agencies and other state agencies to take necessary actions to protect Floridians from the impacts of the border crisis. Without such action, detrimental effects may be experienced in Florida, including increased crime, diminished economic opportunities and wages for American workers, and burdens on the education and health care systems. The Legislature finds that the Federal Government has proven itself unwilling to address this crisis. 82 "(3) To mitigate the effects of this crisis on the State of Florida, the Unauthorized Alien Transport Program is created within the Division of Emergency Management within the Executive Office of the Governor for the purpose of facilitating the transport of inspected unauthorized aliens within the United States, consistent with federal law. Notwithstanding s. 287.057, Florida Statutes, the division is authorized to contract for services to implement the program. "(4) The division may adopt rules to implement the program. "(5) This section expires June 30, 2025." 908.12 Transnational crime organizations; reclassification. (1) As used in this section, the term "transnational crime organization" means an organization that routinely facilitates the international trafficking of drugs, humans, or weapons or the international smuggling of humans. (2) The penalty for any misdemeanor or felony may be reclassified if the commission of such misdemeanor or felony was for the purpose of benefiting, promoting, or furthering the interests of a transnational crime organization. The reclassification is as follows: (a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. (b) A misdemeanor of the first degree is reclassified to a felony of the third degree. (c) A felony of the third degree is reclassified to a felony of the second degree. (d) A felony of the second degree is reclassified to a felony of the first degree. (e) A felony of the first degree is reclassified to a life felony. 83 For Immediate Release: March 11, 2025 Contact: Office of the SBIE Executive Director, ImmigrationDirectorc@fdle.state.f1.us Immigration Director Opens Accountability Dashboard for Concerned Law Enforcement Executive Director Larry Keefe provides an avenue for reporting local law enforcement agencies for failing to comply with Florida's immigration laws TALLAHASSEE, Fla. — Today, State Board of Immigration Enforcement (SBIE) Executive Director Larry Keefe announced the creation of the "Law Enforcement Accountability Dashboard" (LEAD). This program will work to ensure local government entities like sheriff's offices and police departments are actively complying with Florida immigration law. Under Florida law, any official representing a law enforcement agency that does not use their best efforts to support the enforcement of federal immigration law is in violation of Florida statute and is subject to penalties and judicial proceedings by the Attorney General, or removal from office by the Governor. "This reporting system will provide a direct channel for officers and employees to report any failure by their agency to comply with Florida's immigration enforcement policies," Executive Director Keefe said. "Let there be no misunderstanding —Florida law will be enforced." The dashboard can be found by visiting the SBIE website. All reports will be thoroughly reviewed by FDLE, and appropriate actions will be taken as necessary in accordance with Florida law. F: 84 CITY OF SEBASTIAN A, V CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of the Annual Community SUBJECT Redevelopment Agency Report for fiscal year 2023/2024 EXECUTIVE SUMMARY Florida Statutes require the Community Redevelopment Agency to file a report of activities for the primary government year. The Annual report of activities for the fiscal year ending September 30, 2024 is presented to the Community Redevelopment Agency Board of Directors for review and recommendation to the City Council for approval. Following the City Council's acceptance, the report will be published on the agency's website and sent to the taxing agencies. RECOMMENDATION Staff Recommends Approval of the Fiscal Year 2023/2024 Annual Community Redevelopment Agency Report. ATTACHMENTS: 1. Riverfront CRA Annual Report 2024 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: N/A �-R SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Chapter 163.371 Florida Statute ary of �T SE� N HOME OF PELICAN ISLAND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2024 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Riverfront CRA Annual Report 2024 86 SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT TABLE OF CONTENTS Letter of Transmittal List of Principal Official's History Exhibit I - Sebastian CRA Boundary Accomplishments FY 2024 Sebastian CRA Performance Activities Table I — Performance Activities 2024 Table II — Fagade, Sign, & Landscape Grant i ii 1 2 3 4 4 5 Tax Increment Revenues 5 Exhibit II — Operating Millage Rates in Redevelopment Area 6 Exhibit III — Taxable Value in Redevelopment Area 7 Exhibit IV — Tax Increment Revenue 8 Financial Statements 9 Balance Sheet 9 Statement of Revenues, Expenditures, and Changes in Fund Balances 10 Budget and Actual 11 Riverfront CRA Annual Report 2024 E-h CrFYOF SETT HOME OF PELICAN ISLAND March 26, 2025 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2024. In accordance with Chapter 163.371 Florida Statutes, each CRA is required to file with its governing body on or before March 31 each year a report of its activities for the preceding fiscal year. This report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. Respectfully submitted, Alix Bernard Community Development Director/CRA Manager City of Sebastian /a--,) ::�� /. Brian Stewart Finance Director City of Sebastian Riverfront CRA Annual Report 2024 L.E. LIST OF PRINCIPAL OFFICIALS Community Redevelopment Board As of September 30, 2024 Chairman Ed Dodd Vice Chairman Kelly Dixon Board Member Fred Jones Board Member Chris Nunn Board Member Bob McPartlan ii Riverfront CRA Annual Report 2024 :• History of the Sebastian Communitv Redevelopment A2encv (Sebastian CRA) The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally bounded on the north, south and east by the City limits as of 1995, and on the west by the FEC Railroad right-of-way. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and commercial land use. The total Sebastian CRA land area is approximately 398 acres (Exhibit 1). Excluding road rights - of -way, zoning and land use covers approximately 299 acres. The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010, presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. Termination of Sebastian CRA (F.S. 163.3755) A community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing body of the County or municipality that created the community redevelopment agency approves its continued existence by a majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039. Riverfront CRA Annual Report 2024 — 1 90 EXHII3IT I - SEBASTIAN CRA BOUNDARY MAP M"Emy Community Redevelopment Are, l If0w Of Fx�R— CITY OF SEBASTIAN, FL A tr71p S0 4 Ir Rr lT nA ZR ` rn 1p TOTAL {\, do "^ CRA LAND AREA +O t!lTNR 398 ACRES 1 1HM IT t �dr S Y d �S CRA LandlArea 303 acres e. 1,4 i CRA •. Y r Cunutvatlnn `£4 • �, Area 189 acres o.,. rA1JST1Er Ir y PALMER OA - jr W u� t S� � r � TOR7a p 4 t 2 S ! w .o• ♦ M/OCa00 AY 1& LOCIA iT �.: 7 �f MW0. IFT YAwcc.v - OCRA cz7Qkxpanliun% + CITRUS AY g Q ••••.�•, Are .00-• ORANCi AY �'?S A,;;O ' Aurw.alw. CROTE- ........- 1R *00nom r RO V�' Naacus.v �•0� p < `O p * •AM A, Y !R� p ACACY/b COWYRUAY _+� N �wr LIP A 'V Or. YOWE RO MAI KIM AMapOODS CRA 2019 C05 G45 V1Bf'S Riverfront CRA Annual Report 2024 ,.. 2 91 Accomplishments of the Sebastian Communitv Redevelopment A2encv (Sebastian CRA) The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). The Sebastian CRA has continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan (2010). Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: ❑ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. ❑ Developed community redevelopment master plan in 2003. ❑ Completed Jackson Street extension, sidewalk, and street light project in 2004. ❑ Completed improvements to the Yacht Club including the finger pier project. ❑ Completed construction on the Indian River Drive/Main Street intersection project. ❑ Established a Fagade, Sign and Landscaping matching grant program. ❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole project, which enhanced the view at the western entrance to the CRA area. ❑ Contributed $20,000 to a film production about the story of Pelican Island. ❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park. ❑ Updated the CRA Master Plan in 2010. ❑ Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront Properties. Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited food service "Eatery". ❑ Established a Sewer Connection Grant Program in 2015 to encourage septic to sewer conversions and reduce pollution into the Indian River Lagoon. Obtained funding assistance from IRLNEP for the Septic to Sewer assistance program in 2018 to the present. ❑ Completed roadway improvements to the Presidential Streets and Baffle Box installation for improved water quality at the outfalls. ❑ Completed repairs to the CavCorp boat parking property. ❑ Completed a Riverfront Parking Study in 2011 resulting in the establishment of the Parking -in -lieu program for parking within right-of-way of business district. ❑ Provided continued financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses since 2000 including: Pelican Island Festival, Earth Day, Clam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Acquired property along the Indian River shoreline for preservation as an extension of public property. ❑ Re -paved Indian River Drive and improved drainage swales and provided new enhanced pedestrian cross walks. ❑ Funded necessary repairs to the Working Waterfront historic property including: historic building repairs; new elastic coating roof; new plumbing and dock maintenance. ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District. ❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees, sidewalks, parking, and event areas. ❑ Initiated Sign Master Plan design by incorporating compatible public property identification signs throughout Riverfront CRA District. ❑ Completed Riverview Park Sidewalks per the Park Master Plan. ❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District. ❑ Completed construction of the Working Waterfront Shoreline Protection and Commercial Fishing Distribution Center Parking Lot Improvement Plan. ❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park. ❑ Completed pedestrian walking trail connection from US Hwy 1 to Indian River Drive by constructing sidewalk on N. Central Avenue as part of CDBG action plan. ❑ Continued funding of improvements to Riverfront Park including irrigation and landscape. ❑ Worked with FDOT on Complete Streets design for pending improvement project on US Hwy 1. Riverfront CRA Annual Report 2024 — 3 92 FY 2024 Sebastian CRA Performance Activities Major activities and accomplishments of the Sebastian CRA in 2024 are shown in TABLE I and described below. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Continued funding grant programs that support public private projects including: the Facade, Sign and Landscape grant program (TABLE H). ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District. ❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park. ❑ Provided waterfront/streetscape maintenance & facility improvements. ❑ Continued funding of improvements to Riverfront Park including irrigation and landscape. ❑ Worked with FDOT for pending improvement project on US Hwy 1. ❑ Completed CRA Master Plan update. TABLE I — PERFORMANCE ACTIVITIES PROJECT 1& ACTIVITY CRA PLAN ACHIEVEMENT AMOUNT 16 1 REFERENCE Working Waterfront Maintenance & Maintenance Page 20, 22, 31, 51 On -going $19,851.00 Improvements Business Assistance Programs FSL Grants Page 24, 50, 51 On -going $40,000.00 Waterfront/Streetscape Maintenance Page 20, 23, 33, 37 On -going $79,842.00 Maintenance & Improvement Submerged Land Leases Maintenance Page 20, 22, 31, 51 Annual $4,429.00 *Includes other funding sources. TABLE H Facade, Sign, & Lan_ dscane Grant Account Summary FY 2023/2024 Grants Funding Date Funds Funds -d Disbursed CRA FSL Grants 1 $33544.29 I. Robin Raiff Team 1101 U.S. Highway 1 7/27/2022 $9,992.53 5/17/2024 2. Suzanne Wille Studios 1103 U.S. Highway 1 7/27/2022 $12,468.55 5/17/2024 3. District 2780, LLC 1105 U.S. Highway 1 7/27/2022 $11,083.21 5/17/2024 programTotalfunding in l ill 0l Less funds disbursed $33,544.29 Available Funds Remaining $6,455.71 I Riverfront CRA Annual Report 2024 — 4 — 93 Tax Increment Revenue The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. Riverfront CRA Annual Report 2024 — 5 94 The City's millage decreased from $5.00 per $1,000 in FY 2001 to $3.1955 per $1,000 in FY 2024. The millage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5475 per $1,000 in FY 2024. Rates from 2001 through 2024 are presented in Exhibit II below. Exhibit lQ Sebastian Community Redevelopement Agency Operating Tillage Rates in Redevelopment Area Indian City Total Fiver of M>71age Fiscal Year 92MP!Y Sebastian Applied : 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 2007 3.1914 3.0519 6.2433 2008 3.0202 2.9917 6.0119 2009 3.0202 3.3456 6.3658 2010 3.0892 3.3456 6.4348 2011 3.0892 3.3041 6.3933 2012 3.0892 3.3041 6.3933 2013 3.0892 3.7166 6.8058 2014 3.2620 3.7166 6.9786 2015 3.3375 3.8556 7.1931 2016 3.3602 3.8556 7.2158 2017 3.3602 3.8000 7.1602 2018 3.4604 3.4000 6.8604 2019 3.4604 3.1514 6.6118 2020 3.5475 2.9399 6.4874 2021 3.5475 3.1514 6.6989 2022 3.5475 3.0043 6.5518 2023 3.5475 2.9050 6.4525 2024 3.5475 3.1955 6.7430 Total Tax Increment Millage Applied 100000 9.0000 m 8.0000 - - 7.0000 - - - 6.0000 -- -- - - --- - - - - - - 5.0000 -- --- - ---- - - - - -- �, 4.0000 - --- -- - - -- - c 3.0000 -- --- - - ---------- 2.0000 -- --- - ----------- 1.0000 -- --- - ----- - - - - -- - Fiscal Year Source: City of Sebastian Finance Department Riverfront CRA Annual Report 2024 95 The initial implementation of the tax increment financing was for the Fiscal Year 2001 and its base year value was set at the taxable value for 1994. When the CRA area was expanded, the base year value for the expanded area was set at the taxable value for 2003. As a result, by Fiscal Year 2005, the total incremental value was $36,862,574. As compared to the Fiscal Year 2024 total incremental value of $73,677,552, the incremental value of the redevelopment area increased by 99.9% since Fiscal Year 2005. The taxable values in redevelopment area from 2001 through 2024 are presented in Exhibit III below. Fiscal Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 100.0 » 90.0 80.0 0 70.0 c 60.0 `0 50.0 u, 40.0 c 30.0 - 20.0 g 10.0 0.0 Exhibit III Sebastian Community Redevelopement Agency Taxable Value in Redevelopment Area 0 o Change in Taxable Base Year 1. 1 J. -- — ,11 Value Value Value Value S45.834.920 S34.959.870 S10.875.050 58,263,740 34,959,870 23,303,870 114.29% 58.844.190 34,959.870 23,884,320 2.49% 66.307,980 34,959,870 31,348,110 31.25% 78,424,554 41,561,980 36,862,574 17.59% 89.418,550 41,561,980 47,856,570 29.82% 134,755,060 41,561,980 93,193,080 94.73% 129,700,130 41,561,980 88,138,150 -5.42% 127.735.740 41.561:980 86,173:760 -2.23% 1112909.020 41.561.980 70.347.040 -18.37% 90:533,980 41,561,980 48,972,000 -303901 83.558.060 41,561:980 41,996:080 -14.241-0 82,753,350 41,561,980 41,191,370 -1.92% 82:598:780 41,561.980 41,036,800 -0.38% 84.939.810 41.561.980 43,377,830 5.70% 91.018,390 41,561,980 49,456,410 14.01% 91:875.329 41,561,980 50,313,349 1.73% 97.801.122 41:561.980 562239,142 11.78% 102.731,140 41,561,980 61,169,160 8.77% 106:989.123 41.561.980 65.427.143 6.96% 108.269.522 41.561.980 66,707,542 1.96% 111,457,189 41,561,980 69,895,209 4.78% 112:541.300 41:561:980 70,979,320 1.55% 115:239.532 41:561.980 73,677:552 3.80% Tax Increment Values Fiscal Year Source: City of Sebastian Finance Department Riverfront CRA Annual Report 2024 MM 96 Based on the millage rates and significant increases in taxable values, the tax increment revenue has risen dramatically. The total tax increment revenue in 2001 was $94,029. The required tax increment revenue in 2024 has increased to $471,967. However, this is a 14.61% decrease from the highest year of 2007 when the total was $552,741. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2023 are presented in Exhibit IV below. Exhibit IV Sebastian Community Rddevelopement _agency Tax Increment Revenue Indian Cite River of Fiscal Year Coca Sebastian Total 2001 S42,373 S51,656 S94,029 2002 89,664 101.625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 126,886 160,753 287,639 2006 160,051 178,786 338,837 2007 282,546 270,195 552,741 2008 252,885 250,499 503,384 2009 251,236 273,888 525,124 2010 206,450 223,585 430,035 2011 143,720 153,900 297,620 2012 123,248 131,821 255,069 2013 120,886 145,437 266,323 2014 127,169 144,891 272,060 2015 137,535 158,885 296,420 2016 157,874 181,150 339,024 2017 160,610 181,631 342,241 2018 184,879 181.652 366,531 2019 201,086 183,130 384,216 2020 220,498 182,732 403,230 2021 242,367 215,305 457,672 2022 192,832 192,833 385,665 2023 274,075 195,885 469,960 2024 248,303 223,665 471,967 Note: The $192,832 in 2022 should have been $227,698. A shortage of $34,866 which was collected in 2023, in addition to $239,209 which was the corrected required amount due for 2023. Tax Increment Revenue $600,000 - M7000 $400,000 - - $300,000- $200.000 so - - - - - T T Fiscal Year Source: City of Sebastian Finance Department Riverfront CRA Annual Report 2024 - 8 97 Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2024 Unaudited ASSETS Cash and cash equivalents Investments Accounts receivable Prepaid items Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Total liabilities Deferred inflows of resources Deferred lease amounts Fund balances: Nonspendable Restricted Total fund balance Total liabilities and fund balance $ 995,006 139,975 24 758 $ 1,135,763 $ 1,191 1,191 758 1,133,814 1,134,572 $ 1,135,763 Riverfront CRA Annual Report 2024 98 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2024 Unaudited REVENUES: Taxes: Property $ 471,967 Rental income 23,739 Investment earnings 26,362 Total revenues 52208 EXPENDITURES: Current: Economic environment 229,471 Total expenditures 229,471 Revenues over (under) expenditures 292,597 OTHER FINANCING USES: Transfers out (47,310) Total other fmancing uses (47,310) Net changes in fund balance 245,287 Fund balance - beginning 889,285 Fund balance - ending $ 1,134,572 Riverfront CRA Annual Report 2024 — 10 99 Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2024 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: Economic environment Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING USES Transfers in Transfers out Total other financing (uses) Net changes in fund balances Fund balances - beginning Fund balances - ending Budget Amounts Original Final $ 471,765 $ 471,765 11,950 11,950 16,500 16,500 500,215 500,215 271,370 271,370 271,370 271,370 228,845 228,845 (60,000) (116,450) (60,000) (116,450) 168,845 112,395 889,285 889,285 $ 1,058,130 $1,001,680 Actual Amounts on a Budgetary Basis $ 471,967 26,362 23,739 522,068 229,471 229,471 292,597 (47,310) (47,310) 245,287 889,285 $1,134,572 Variance with Final Budget - Positive (Negative) $ 202 14,412 7,239 21,853 (41,899) (41, 899) 63,752 69,140 69,140 132,892 $ 132,892 Riverfront CRA Annual Report 2024 -11- 100 CITY OF SEBASTIAN OF SEBgs 9y O � FPELICN CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Z Q' Consideration of Resolution No. 25-06, a Resolution for Assistance 2025 under the Florida Inland SUBJECT Navigation District Waterways Assistance Program, for the dredging of the Main Street Boat Ramp area, approving match funding and execution by the Mayor EXECUTIVE SUMMARY In accordance with the City's current Strategic Goals, specifically: quality of life, preserving our hometown feel and coastal charm and improving organizational efficiency, the City of Sebastian's Park and Recreation Staff is requesting the consideration of adopting the attached Resolution with Florida Inland Navigation District for the dredging of Main Street boat ramp. The major improvement would be the dredging of the boat ramp area to allow safer ingress and egress when launching and retrieving vessels. The design and permitting will be completed by mid -September 2025. The total cost of this project is anticipated to be $500,000.00. The design and permitting on this project is currently underway, funded partly by a FIND grant from 2024. If approved, this Grant would fund 50% of the construction cost in the amount of $250,000.00. The City (via CRA, LWCF, FBIP funding or other grants) would be responsible to fund the other half of the costs in the amount of $250,000.00. Staff has also applied to Land and Water Conservation Fund and Florida Boater Improvement Program for matching funds. Staff is seeking approval of FIND Resolution No. R-25-06, for the dredging of the Main Street Boat Ramp area, approving an application for grant funding, approving matching funds, and authority to the Mayor to execute. RECOMMENDATION 1. Consider adoption of FIND Resolution No. R-25-06 with Florida Inland Navigation District for a Grant for the dredging of the Main Street Boat Ramp area. 2. Authorize Staff to apply for Florida Inland Navigation District grant for the dredging of Main Street Boat Ramp area in the amount of $250,000.00. 3. Approving match funding and execution by the Mayor. ATTACHMENTS: 1. FIND Resolution R-25-06 101 FUNDING SOURCE: Expenditure required $250,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted $500,000.00 Funding source FIND 50% ($2,000,000) CRA and/or LWCF, FBIP 50% ($2,000,000) 102 ATTACHMENT E-5 RESOLUTION FOR ASSISTANCE 2025 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Sebastian is interested in carrying out the (Name of Agency) The City of Sebastian following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Main Street Boat Ramp Total Estimated Cost $ 500,000 Brief Description of Project: Boat Access improvements to Main Street Boat Ramp AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Sebastian (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Sebastian (Name o f Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Sebastian (Name ofAgency) AND, be it further resolved by the City of Sebastian (Name ofAgency) that it certifies to the following: That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. KIN 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City Of Sebastian for public use. (Name ofAgency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Sebastian City Council at a legal meeting (Agency Governing Board) held on this day of 20 Attest Title (2) Signature Title Form No. 25-30, Rule 66B-2 (Executed Date: xx-xx-xx) 104 The foregoing Resolution was moved for adoption by Council Member . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney 105 CITY OF SEBASTIAN V A O :-Mmomp— FPELICP'�' EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of FIND R-25-07, a Resolution for Assistance 2025 under the Florida Inland Navigation SUBJECT District Waterways Assistance Program, for the construction of Phase One at Riverview Park, approving match funding and execution by the Mayor In accordance with the City's current Strategic Goals, specifically: quality of life, preserving our hometown feel and coastal charm and improving organizational efficiency, the City of Sebastian's Park and Recreation Staff is requesting the consideration of adopting the attached FIND Resolution R-25-07 with Florida Inland Navigation District for the construction of Phase One of Riverview Park. The design and permitting is underway now, funded partly by a FIND grant from 2024. The total cost of this project is anticipated to be $3,000,000.00. If approved, this Grant would fund $1,000,000.00 towards the construction costs of Phase One, which may include the overflow parking area, the splash pad renovations and the potential closure of the east end of Harrison Street. The specific details of Phase One are still to be determined. The remainder of the project construction funding ($2,000,000.00) will be the responsibility of the City, to be funded through DST, LWCF, FBIP funding or other grants. The design and permitting will be completed by mid - September 2025. Staff has also applied to Land and Water Conservation Fund and State of Florida Cultural Facilities grant program for matching funds. Staff is seeking approval of FIND Resolution No. R-25-07, for the construction of Phase One of Riverview Park, approving an application for grant funding, approving matching funds, and authority to the Mayor to execute. RECOMMENDATION 1. Consider adoption of FIND Resolution R-25-07 with Florida Inland Navigation District for a grant for the construction of Phase One of Riverview Park. 2. Authorize staff to apply for Florida Inland Navigation District grant for the construction of Phase One of Riverview Park in the amount of $1,000,000.00. 3. Approving match funding and execution by the Mayor. 106 ATTACHMENTS: 1. FIND Resolution R-25-07 FUNDING SOURCE: Expenditure required $2,000,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $3,000,000.00 Funding source FIND ($1,000,0000.00) DST and/or State of Florida ($2,000,000.00) 107 ATTACHMENT E-5 RESOLUTION FOR ASSISTANCE 2025 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Resolution R-25-07 WHEREAS, THE City of Sebastian is interested in carrying out the (Name ofAgency) The City of Sebastian following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Riverview Park Total Estimated Cost $ 2,000,000 Brief Description of Project: First Phase of Construction for Riverview Park enhancements as identified in the approved master plan AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Sebastian (Name ofAgency) that the project described above be authorized, AND, be it further resolved that said City of Sebastian (Name o f Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Sebastian (Name ofAgency) AND, be it further resolved by the City of Sebastian (Name o f Agency) that it certifies to the following: That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 108 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City Of Sebastian for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Sebastian City Council at a legal meeting (Agency Governing Board) held on this day of 20 Attest Title (2) Signature Title Form No. 25-30, Rule 66B-2 (Executed Date: xx-xx-xx) 109 The foregoing Resolution was moved for adoption by Council Member . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney 110 CITY OF SEBASTIAN OF 5 E B,qS �I �2 0 Z v4 PELICP\*' CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of FIND Resolution R-25-08 for Florida Inland Navigation District grant for the construction of Swing and Bench Park; authorizing matching funding and SUBJECT providing authority to execute to the Mayor and City Manager or designee. EXECUTIVE SUMMARY In accordance with the City of Sebastian's Strategic Goals of quality of life, preserving our hometown feel and coastal charm and improving organizational efficiency, Parks and Recreation Staff is requesting the consideration of adopting the attached Resolution with Florida Inland Navigation District for the construction of Swing and Bench Park, including shoreline stabilization. The total cost of the project is estimated at $400,000.00. The design and permitting is underway now per the CRA 2024 CIP. This grant would fund 50% of the construction cost of Swing and Bench Park, which would include shoreline stabilization, ADA walkway, seating, ADA access to the Lagoon and other small park furnishings. The City or other grants would fund the other half of the cost. The design and permitting will be completed by mid -September 2025. Staff has also applied to the State of Florida Recreation Development Assistance grant program and the Lagoon Collaborative Partner grant program for matching funds. RECOMMENDATION 1. Consider adoption of FIND Resolution R-25-08 with Florida Inland Navigation District for a grant for the construction of Swing and Bench Park. 2. Authorize staff to apply for Florida Inland Navigation District grant for the construction of Swing and Bench Park in the amount of $200,000.00. 3. Authorize required matching funds in the amount of $200,000.00. 4. Provide authority to the Mayor and the City Manager or designee to execute all necessary documents. ATTACHMENTS: 1. FIND Resolution R-25-08 111 FUNDING SOURCE: Expenditure required $400,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $200,000.00 Funding source FIND 50% ($200,000.00) CRA (FY 26 CIP) and/or State of Florida 50% ($200,000.00) 112 ATTACHMENT E-5 RESOLUTION FOR ASSISTANCE 2025 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Resolution R-25-08 WHEREAS, THE City of Sebastian is interested in carrying out the (Name ofAgency) The City of Sebastian following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Swing & Bench Park Total Estimated Cost $ 400,000 Brief Description of Project: Construction of public access and shorline improvements to Swing & Bench Park AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Sebastian (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Sebastian (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Sebastian (Name of Agency) AND, be it further resolved by the City of Sebastian (Name of Agency) that it certifies to the following: I . That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Ii IIt] 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Sebastian for public use. (Name ofAgency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Sebastian City Council at a legal meeting (Agency Governing Board) held on this day of 20 Attest Title (2) Signature Title Form No. 25-30, Rule 66B-2 (Executed Date: xx-xx-xx) 114 The foregoing Resolution was moved for adoption by Council Member . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney 115 CITY OF SEBASTIAN oF SEBgS F O � FpELICP� EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of a resolution for a Florida Boating Improvement Program grant for the dredging of the Main Street Boat Ramp area, provide for matching SUBJECT funding and authorize execution by the Mayor or designee In accordance with the City's Strategic Goals of quality of life, preserving our hometown feel and coastal charm and improving organizational efficiency, Staff is requesting the adoption of the attached resolution with Florida Boater Improvement Program for the dredging of Main Street boat ramp. The total estimated cost of the project is $200,000.00. The design and permitting is underway now, funded partly by a FIND grant from 2024. This grant would fund up to $160,000.00 of the construction cost. The city or other grants would fund the remaining cost. The major improvement would be the dredging of the boat ramp area to allow safer ingress and egress when launching and retrieving vessels. The design and permitting will be completed by mid -September 2025. Staff has also applied to Land and Water Conservation Fund and Florida Inland Navigation District for matching funds. RECOMMENDATION 1. Consider adoption of a resolution with Florida Boater Improvement Program for a grant for the dredging of the Main Street Boat Ramp area. 2. Authorize Staff to apply for Florida Boater Improvement Program grant for the dredging of Main Street Boat Ramp area in the amount of $160,000.00. 3. Authorize the Mayor and the City Manager or designee to execute all needed documents. ATTACHMENTS: 1. Resolution R-25-10 116 FUNDING SOURCE: Expenditure required $200,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $200,000.00 Funding source FBIP ($160,000) CRA, LWCF, and/or FIND ($ 40,000) 117 Resolution No. R-25-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR AUTHORIZATION FOR THE CITY TO MAKE AND PERFECT A GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ADOPTED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA AS FOLLOWS: Section 1. Legislative Findings and Intent (a). The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising this Resolution. (b). The City of Sebastian, Florida, is interested in applying for project and grant approval, receiving and accepting grant funds, and carrying out a project for the enjoyment of the citizens of the City of Sebastian and the State of Florida, which Project will have a multiplicity of benefits to the City and the State, which Project is commonly known as and referred to as the "Main Street Boat Ramp project." (c). Financial assistance from the Florida Boating Improvement Program (FBIP) is essential to the implementation of the development of the Main Street Boat Ramp project. (d). The City of Sebastian has developed and maintained a very good relationship with the State of Florida and its agencies over the years, and the City and State have worked well together in grant and funding relationships for the benefit of the State of Florida and its public welfare. Section 2. Approval of FBIP Grant (a). The City Council of the City of Sebastian hereby approves the FBIP grants for the Main Street Boat Ramp project. (b). The City Manager is authorized to make application and re -application, as needed, to the State of Florida under the FBIP grant program in the amount of $200,000 on behalf of the City in order to obtain partial funding from the State of Florida for the Project. (c). The City Manager is authorized to encumber matching funds in the amount of $40,000 on behalf of the City in order to obtain funding, as referenced herein, from the State of Florida for the Main Street Boat Ramp project. 118 Section 3. Covenants of the City of Sebastian (a). The City of Sebastian certifies to the State of Florida and agrees that: (1). The City will accept the terms and conditions set forth in the FBIP grant Agreement. (2). The City has the ability and intention to finance the cost of the Main Street Boat Ramp project, and the Project will be operated and maintained at the expense of the City for public use. (3). The City will not discriminate against any person on the basis of race, color, religion, disability, or national origin in the use of any property or facility acquired or developed pursuant to the FBIP grant for the Project and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, Public Law 88-352 (1964) and all other controlling law. The City shall design and construct all facilities relating to the Main Street Boat Ramp project in order to fully comply with all laws, statutes, rules, regulations, codes, and ordinances relating to accessibility by disabled persons, including, but not limited to, the Americans with Disabilities Act. The City of Sebastian shall also comply with all other applicable federal, state, and local laws, codes, ordinances, rules, regulations, and requirements. (4). The City will maintain adequate financial records on the Main Street Boat Ramp project to substantiate claims for reimbursement and in order to appropriately accomplish any and all pre -audits and post -audits of the expenditure of public funds as well as a performance review of the Project and the achievement of the goals and objectives of the FBIP grant program. Section 4. Implementing administrative actions (a). The Mayor of the City of Sebastian is hereby authorized to execute the grant agreements relating to the FBIP grant program. (b). The City Manager or designee is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed appropriate. (c). The City Manager is hereby authorized to expend such City funds as may be necessary to accept and implement the grant under the FBIP grant program for the Main Street Boat Ramp project. Section 5. Savings The prior actions of the City of Sebastian relating to the development of boating facilities and related activities are hereby ratified and affirmed. 119 Section 6. Conflicts All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 7. Severability If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force, or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 8. Effective Date This Resolution shall become effective immediately upon passage. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: L-2 Jennifer Cockcroft, City Attorney 120 CITY OF SEBASTIAN OF 5 E B,qS �2 0 �FPELICP�` CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Lee Plourde, Public Works Director Consider the issuance of purchase orders for Asphalt Paving Systems, not to exceed $1,477,223.45, for SUBJECT phase 3 road repaving and authorize the City Manager or designee to execute EXECUTIVE SUMMARY The City of Sebastian Public Works Department Staff is requesting approval of the issuance of purchase orders Asphalt Paving Systems, not to exceed $1,477,223.45, for the Phase 3 road repaving project. Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian under Section 2-10 of the City's Code of Ordinances grants the authority to piggyback the purchase of goods and services as a form of inter -governmental purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.). In 2024, the City of Sebastian's Procurement Division approved Asphalt Pavement Systems, Inc. (APS), as a City -approved contractor for pavement maintenance and rehabilitation services. A piggyback agreement with APS was approved under Resolution R-24-20 on April 24th, 2024 for pavement maintenance and rehabilitation services. Staff has determined that in this circumstance, piggybacking onto a contract entered into by the City of Melbourne is the most economically advantageous way to procure these goods and services, and therefore, Staff is seeking approval for issuance of a purchase order under the existing piggyback contract as approved by the City Council., which is now known as the Phase 3 road repaving plan. RECOMMENDATION Staff recommends City Council approve purchase orders for Asphalt Paving Systems, in an amount not to exceed $1,477,223.45, for the Phase 3 road repaving project and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Procurement Justification 121 2. Asphalt Paving Systems Quote 3. Phase 3 Barber Street Paving Map 4. Resolution R-24-20 FUNDING SOURCE: Expenditure required Amount Budgeted: $1,008,261.97 $1,579,739.00 $468,961.48 $574,273.80 Additional Funds Needed: $ 0.00 Funding source Local Option Gas Tax Discretionary Sales Tax 122 SPHALT DATE: 10/4/2024 .4V/NG YS TEM3 TO: FROM: Asphalt Paving Systems, Inc. City of Sebastian- Public Works Kris Shane -East Coast Florida Rep 1225 Main St 9021 Wire Road Sebastian, FL 32958 Zephyrhills, FL 33540 772-228-7013 Ph:813-480-1865 RE: Project proposal 2" Mill/Overlay- Barber St- US1 to Pelican Island PI Product Description Units Quantity Unit Price Total Price Sumter County Contract Barber St fSe¢ 11 Milling 1-2" SY 3,950.00 $ 4.99 $ 19,710.50 Asphaltic Concrete 12.5 TON 435.00 $ 188.29 $ 81,906.15 **2" of SP12.5- one lift** Barber St NegZ Milling 1-2" SY 11,812.00 $ 4.99 $ 58,941.88 Asphaltic Concrete 12.5 TON 1,300.00 $ 188.29 $ 244,777.00 **2" of SP12.5- one lift** Mobilization LS 1.00 $ 3,500.00 $ 3,500.00 MOT LS 12.00 $ 750.00 $ 9,000.00 6" Yellow/White Solid Traffic Stripe (Paint) GM 5.05 $ 3,864.00 $ 19,513.20 **Includes single 6" line for temp on Milled surface if needed** Painted Arrow EA 15.00 $ 46.00 $ 690.00 24" Solid Traffic Stripe (Paint) LF 100.00 $ 9.66 $ 966.00 6" Yellow/White Solid Stripe/ Extru. Thermo. GM 4.05 $ 6,325.00 $ 25,616.25 Thermo Arrow EA 15.00 $ 80.50 $ 1,207.50 24" Solid Stripe/ Extru. Thermo. LF 100.00 $ 12.08 $ 1,208.00 RPMS EA 275.00 $ 7.00 $ 1,925.00 Total $ 468,961.48 Respectfully Submitted, Accepted By: Asphalt Paving Systems, Inc. Signature: Zephyrhills, Florida c:813-480-1865 e: Icshaneaps@gmaiLcom Date: ' Proposal valid for 30 days. Page 1 of 3 123 SPHA L T DATE: 10/4/2024 -4V/NG �; YSTEMS TO: FROM: Asphalt Paving Systems, Inc. City of Sebastian- Public Works Kris Shane -East Coast Florida Rep 1225 Main St 9021 Wire Road Sebastian, FL 32958 Zephyrhills, FL 33540 772-228-7013 Ph:813-480-1865 RE: Project proposal FDR- Barber St- Pelican Island PI to Acorn Terrace Product Description Units Quantity Unit Price Total Price Sumter County Contract Barber St fSee 31 Full Depth Reclamation (Pulverization) SY 9,164.00 $ 10.21 $ 93,564.44 **Mix 10" with additive** Milling 1-2" SY 9,164.00 $ 3.99 $ 36,564.36 CEMENT (25lbs/SY) Tan 115.00 $ 245.00 $ 28,175.00 ASPHALT EMULSION (3.5 Gal/SY) Gal 32,075.00 $ 3.64 $ 116,753.00 Asphaltic Concrete 12.5 TON 1,000.00 $ 188.29 $ 188,290.00 **2" of SP12.5- one lift** Barber St fSee 41 Full Depth Reclamation (Pulverization) SY 9,445.00 $ 10.21 $ 96,433.45 **Mix 10" with additive** Milling 1-2" SY 9,445.00 $ 3.99 $ 37,685.55 CEMENT(25lbs/SY) Ton 120.00 $ 245.00 $ 29,400.00 ASPHALT EMULSION (3.5 Gal/SY) Gal 33,058.00 $ 3.64 $ 120,331.12 Asphaltic Concrete 12.5 TON 1,040.00 $ 188.29 $ 195,821.60 **2" of SP12.5- one lift** Mobilization LS 1.00 $ 3,500.00 $ 3,500.00 MOT LS 15.00 $ 750.00 $ 11,250.00 6" Yellow/White Solid Traffic Stripe (Paint) GM 5.05 $ 3,864.00 $ 19,513.20 *Includes single 6" line for temp on base** Painted Arrow EA 10.00 $ 46.00 $ 460.00 24" Solid Traffic Stripe (Paint) LF 100,00 $ 9.66 $ 966.00 6" Yellow/White Solid Stripe/ Extra. Thermo. GM 4.05 $ 6,325.00 $ 25,616.25 Thermo Arrow EA 10.00 $ 80.50 $ 805.00 24" Solid Stripe/ Extru. Thermo. LF 100.00 $ 12.08 $ 1,208.00 RPMS EA 275.00 $ 7.00 $ 1,925.00 Total $ 1,008,261.97 Respectfully Submitted, Accepted By: Asphalt Paving Systems, Inc. Signature: Zephyrhills, Florida c: 813480-1865 e: ILshaneaps@gmail.com Date: ' Proposal vald for 30 days, Page 2 of 3 124 KS PROP#731a --IN -- Sebastian -Barber St- FDR-$1.5Mi1--30-4-24 ITEM I STREET NAME I FROM 2024 Major Rehab Project Street list LENGTH I WIDTH I TOTALUNITS COMMENTS 3,800.00 1 Setback at Publix 150SY 150.001 11,111.11 700.00 2" M/0 Barber St (Seg 1) ❑st Railroad Crossing 900 38.0 2" M/0 Barber St (Seg 2) Railroad Crossing Pelican Island PI 4,000 25.0 175 36.0 FDR Barber St (Seg 3) Pelican Island Pl Curtis Cir 1,475 25.0 4,097.22 5,066.67 1,200 38.0 FDR Barber St (Seg 4) Curtis Cir Acorn Ter 3,400 25.0 9,444.44 1 11,150.00 1 34,369 SPNALT Asphalt Paving Systems, Inc. LVAV/NG Kris Shane - South Florida Rep SYSTEMS Zephyrhills, FL 33540 Ph:813-480-1865 Page 3 of 3 125 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. DATE: 10/1 /2024 TYPE OF PURCHASE: ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ® Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Palm Bay Concrete & Materials, Inc. ITEMS OR SERVICES REQUIRED: Concrete Services ADDITIONAL INFORMATION The City of Sebastian uses Palm Bay Concrete & Materials, Inc. for concrete services through the City of Melbourne's contract. This proposed purchase complies with the "Piggyback" provisions as provided within Section 2-10 of the City code, in that the City of Melbourne's contracts are competitively selected using procedures equivalent to those of the City of Sebastian. Digitally signed by Jessica Graham Jessica DN: cn=Jessica Graham, c=US, o=City of Sebastian, —Procurement Division, Approved: emailDaate 2024 a,10 071 sfs:zeob:aosati-asna.onrgg Graham Jessica Graham, Procurement/Contracts Manager Procurement (Rev. 08/2024) 127 RESOLUTION NO. R-24-20 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH ASPHALT PAVING SYSTEMS, INC. FOR THE PURCHASE OF PAVEMENT MAINTENANCE AND REHABILITATION SERVICES AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HERE OF AS "EXHIBIT A."; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county or other govermnental agencies; and WHEREAS, Asphalt Paving Systems, Inc. has an existing contract under the Board of Sumter County Commissioners effective through November 13, 2025 (with two (2) additional tone (1) year renewal periods), see attached "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the above referenced pavement maintenance and rehabilitation services; and WHEREAS, the City finds it is in the City's best interest to enter into an agreement to contract between Asphalt Paving Systems, Inc. and the Board of Sumter County Commissioners (a political subdivision of the State of Florida), see attached "Exhibit B," for the purchase of pavement maintenance and rehabilitation services when advantageous to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. 128 SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue purchase order to Asphalt Pavement Systems, Inc. in an amount not to exceed $15,000, for the purchase of pavement maintenance and rehabilitation services and in substantial confonnity with the agreement attached hereto as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member Nunn , was seconded by Council Member McPartlan , and upon being put to a vote, the vote was as follows: 2 129 Mayor Dodd ave Vice Mayor Dixon aye Council Member Jones aye Council Member McPartlan aye Council Member Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of April 2024. ATTEST: anette Williams, City Clerk 3 CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA K-azeo� Ed Dodd, Mayor Approved as to form and Legality: lJeAnifer Cockcroft, Esq., City Attorney 130 EXHIBIT A SUMTER COUNTY COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITIATION SERVICES AGREEMENT THIS AGREEMENT (hereinafter referred to as `Agreement") is made and entered into this 14" day of November, 2023, by and between Board of Sumter County Commissioners (hereinafter referred to as "Board," or "County"), whose address is 7375 Powell Road, Wildwood, Florida 34785, and Asphalt Paving Systems, Inc. (hereafter referred to as "Vendor"), whose address is 8940 Gall Boulevard, Zephyrhills, Florida 33541. RECITALS WHEREAS, the Board has need of professional services for ITB 045-0-2023/RS; and WHEREAS, the parties desire to enter into a written agreement outlining the duties, responsibilities and compensation of Vendor, based on the Vendor's response to ITB 045-0- 2023/RS Countywide Pavement Maintenance and Rehabilitation Services. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The relationship of the Vendor to the Board will be that of a professional Vendor and the Vendor will provide the professional and technical services required under this Agreement in accordance with acceptable professional practices and ethical standards applicable to Vendor's profession, and Vendor will endeavor to provide to the Board prompt and efficient services to the best of its ability. 2. Vendor is hereby retained and employed as a Sumter County Contactor, and will work with the Board to provide services in accordance with the scope of work outlined in ITB 045-0- 2023/RS. 3. The term of this Agreement shall commence on November 14, 2023 and continue full force for two years with an additional two (2) — one year renewals from the date established in the Notice to Proceed, unless otherwise terminated as provided in paragraph four (4) of this Agreement. The term of this Agreement does not relieve the Vendor of any future responsibility as described in paragraph six (6) of this Agreement. 4. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party at the address designated in this Agreement for receiving such notice. If this Agreement is terminated, Vendor shall be authorized to receive payment for all work performed up to the date of termination. 1. With regard to compensation paid to Contractor, Contractor shall furnish to the Board an itemized invoice detailing all of Contractors hours, services, expenses and any other services utilized by the Board. The invoice shall be itemized pursuant to and in accordance with the Fee Schedule, attached hereto as Exhibit A, and incorporated herein in haec verba. Contractor shall submit all invoices pursuant to the Local Government Prompt Payment Act, F.S. 218. Contractor acknowledges and agrees that the rates set forth in the Fee Schedule shall remain fixed throughout the duration of this Agreement, including both the 131 Initial Term and any Renewal Term, and thereafter shall only be adjusted by mutual written agreement of both parties. a. For construction services progress payments, 5 percent (5%) of the payment will be withheld. 2. General Considerations. a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board' s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board: (iv) upon completion of this Agreement, transfer, at no cost. to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, frorn public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board's custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the "Records"), for a minimum of five (5) years from the date of expiration or termination of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period -of -time. The right to audit, inspect, and copy Records shall include all of the records of sub -Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-689-4400, Sumter County Board of County Commissioners, 7375 Powell Road, Wildwood, Florida 34785 or via email at Records@sumtercountyfl.gov. 132 h. Vendor shall, at all times, carry General Liability, Automobile and Worker' s Compensation Insurance pursuant to the insurance requirements in ITB 045-0- 2023/RS, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor's written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. <. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsive contractor may not submit a bid. The Vendor may be required to provide additional services to the Board on challenges, public protests, administrative hearings or similar matters. The Vendor shall be available to represent the Board, serve as an expert witness, and provide supporting documentation as necessary. Should any other professional services be called for by the Board that are not otherwise set forth in this Agreement or any of its attachments or exhibits, charges for these services shall be agreed upon in advance by the parties hereto. 4. The Contract Documents, which comprise the entire Contract between Board and Vendor and which are further incorporated herein by reference, consist of the following: a. ITB 045-0-2023/RS b. Vendor's Bid in Response to ITB 045-0-2023/RS c. This Agreement d. Permits / Licenses e. All Bid Addenda Issued Prior to Opening Date f. All Modifications and Change Orders Issued 5. Vendor shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Vendor shall indemnify and save harmless the Board, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney's fees that may hereafter at any time be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Vendor, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by Board of the benefits of Section 768.28, Florida Statutes. 6. Vendor is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of Board; and no provisions of Board's personnel policies shall apply to this Agreement. None of the benefits provided by Board to its employees including, but not limited to, worker' s compensation insurance and unemployment insurance, are available from Board to Vendor, or its employees, agents or servants. Vendor assumes responsibility for payment of all federal, state and local taxes imposed or required of Vendor including but not limited to FICA, FUTA, unemployment insurance, Social Security and income tax laws for which Vendor as employer is responsible. Vendor shall be solely responsible for any worker's 133 compensation insurance required by law and shall provide the Board with proof of insurance upon demand. The parties agree that Board shall not: (a) pay dues, licenses or membership fees for Vendor; (b) require attendance by Vendor, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Vendor from working for any other party. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or 0) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate. 8. Attorney's Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys' fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non -prevailing party. In the event of default by either party hereto, the defaulting party shall be liable for all costs and expenses, including reasonable attorney' s fees and costs incurred by the other party in enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level. 9. Law of the Agreement; Jurisdiction and Venue. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement. The Parties to this Agreement agree that venue and jurisdiction is mandated to lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. If, even though precluded by agreement of the Parties hereto, litigation arising from or based upon this contract should be mandated by a court of competent jurisdiction issued pursuant to a duly noticed hearing giving Sumter County adequate time to respond and all of the benefits of due process to lie in the proper venue or jurisdiction of a federal court, that federal court shall only be in the Middle District of Florida, Ocala Division. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to removal of any such dispute to any federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not 134 subject to the jurisdiction of the state courts located in Sumter County, Florida and that the laws of the state of Florida. 10. Entire Agreement. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein. 11. Assignment. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary. 12. Compliance with Licenses, Permits, and Applicable Laws. In performing services hereunder, Vendor shall comply with all federal, state and local laws and regulations. Vendor shall be responsible for identifying and obtaining all permits necessary to complete the scope of services. Vendor shall be responsible for obtaining, at its sole cost and expense, all necessary license licenses and other governmental approvals required in order for Vendor to provide the type of services required hereunder. 13. E-Verify: system established by the U.S. Department of Homeland Security to determine the immigration and work -eligibility status of prospective employees. 14. The Vendor agrees to certify to the Board that Vendor is in compliance with the federal E- Verify program, including obtaining written certification from all sub -Vendors who will participate in the performance of scope of services contemplated in this Agreement. All sub -Vendor certifications must be kept on file by the Vendor and made available to the state and/or the Board upon request. The Board reserves the right to take action against any Vendor deemed to be non -compliant; potential actions may include, but are not limited to, cancellation of this Agreement and/or suspending or debarring the Vendor from performing services for the County. 15. Conflict of Interest. Vendor shall notify Board in writing of any commitments during the term of this Agreement which may constitute a potential or actual conflict of interest with respect to the scope of services to be performed for the Board. 16. Corporate Status; Change of Ownership. If Vendor is a non -governmental, corporate entity: a. Corporate Status. Vendor shall ensure that the corporate status shall continuously be in good standing and active and current with the state of its incorporation and the State of Florida and at all times throughout the Term, and any renewal or extension hereof. Failure of the Vendor to keep its corporate status active and current shall constitute a material breach under the terms of this Agreement. Change of Ownership. Vendor shall notify County immediately upon any change in corporate ownership or any substitution of the key professional 135 assigned (the "Key Person") to perform under this Agreement ("Change of Ownership"). County shall have the option of cancelling this Agreement if a Change of Ownership is not suitable to it, provided however, no cancellation shall relieve the Vendor of its obligations to perform the work described herein or for liability for breach of same. A Change of Ownership means the occurrence of any one or more of the following: a sale, lease, or other disposition of 50% or more of the interest or assets of the company or corporation; a merger, reverse merger or consolidation with another entity; a transaction wherein a third -party becomes the beneficial owner having fifty (50%) percent or more interest in the corporation or company; or fifty (50%) percent or more of the total number of votes that may be cast for any act of the entity. 21. Default Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity. 22. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good -faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally -assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Party may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below. 23. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 24. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives. 136 25. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 26. Time is of the Essence. Time shall be of the essence of this Agreement. 27. Survivability. Any provision of this Agreement, which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive. 28. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement. 29. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 30. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder. 31. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms. 32. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender. 33. Incorporation of Recitals. Each of the WHEREAS clauses listed above are hereby re - alleged and incorporated into this Agreement as if otherwise fully stated herein. 34. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice. 137 FOR THE BOARD FOR THE VENDOR Asphalt PavingSy5tems, Inc. Name: Bradley S. Amold Name: Robert Capofern Address:7375 Powell Road, Wildwood. FL 34785 Address: 8940 Gall Blvd, Zephyrhills, FL 3354 Title: County Administrator Title-. President 11/3/2023 WHEREOF, the parties have signed this agreement the day and year fiat above ATTEST: r By: ZAI Kenneth FAessfna / Secretary SUMTER COUNTY BOARD OF COUNTY MMISSIONERS By: Chairman 1 Date Signed: ASPI-IALT PAVING SYSTEMS, INC. By. Robert Capoferri / President Date Signed: 11/312023 138 EXHIBIT A Bid Form Telephone: (352) 689-4400 Fax: (352) 6894401 Re: ITB 045-0-2023/RS COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITATION SERVICES 1, Having carefully examined the ITB for the project listed above: And being familiar with the premises affecting the work, the undersigned proposes and hereby agrees to furnish all labor and material and to perform all work in accordance with said documents for. ITB 045-0-2023/RS 2. In submitting this Bid, it is understood that the right is reserved by the Board of Sumter County Commissioners to reject any, and all bids. 3. The Vendor hereby acknowledges the receipt of None Addenda issued during the bid period and certifies their inclusion in the bid. (Indicate "NONE" if no addendums were received). 4. All Requests for Information (RFI's) will be sent to Jackie Valdez for response. Date: 10/27/2023 Asphalt Pavinq Svstems, Inc. Vendor By: Robert Capoferri / President Title:--!? a ent Ttgephone: (813 788-0010 Address: 8940 Gall Blvd Zeohvrhills. FL 33541 Sumter County Board of County Commissioners Page 98 of 114 139 e Countywide Pavement Maintenance and Rehabilitation Services Unit Price Bid The following unit costs shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost. Bid award will be based on the total unit pricing for each category listed in the unit price proposal. Bidders are NOT required to bid each category, but must provide pricing for ALL line items listed in those categories they are capable of producing and have prior applicable experience. Sumter County reserves the right to award a contract to one or more vendors. CATEGORY A - MILLING 1,001 - 5,001- 10,001- Over PER TASK ORDER UNIT 0 -1,000 5,000 10,000 25,000 25,000 1" Sq. Yd. $13.75 I $7.15 $4.25 $3.75 $3.25 1.5" Sq. Yd. $13.75 I $7.15 $4.25 ( $3.75 I $3.25 2" Sq. Yd. $14.25 $7.90 $4.99 I $3.99 I $3.55 2.5" Sq. Yd. $14.25 $7.90 S4.99 ( $3.99 $3.55 3" Sq. Yd. $15.95 I $7.99 $5.65 I $4.85 I $4.25 4" Sq. Yd. $16.95 $8.25 $6.20 I $5.50 I $5.15 5" Sq. Yd. $18.25 $8.60 $7.50 I $5.95 $5.50 6" Sq. Yd. $21.25 I $8.99 $7.95 $6.75 $6.25 Asphalt and/or profile millings deductive alternate for Contractor to deliver and transport Cu. Yd. -$1.00 -$1.00 -$1.00 -$1.00 -$1.00 (Beyond first 25 truck loads) 0 -10 <10 - 20 <20 - 30 Over 30 UNIT (Miles) (Miles) (Miles) (Miles) Sumter County Board of County Commissioners Page 99 of 114 140 100 Hauling First 25 Truck Loads of Compensation/Mile Millings to be delivered From Work Site to County Facility Location to County $5.00 $5.00 $5.00 $5.00 $5.00 Facility back to Work site location CATEGORY A SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $132.40 $67.93 $49.78 $42.53 $38.75 pricing for each column of Category A) CATEGORY A TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category $331.39 A) CATEGORY B - STRUCTURAL OVERLAY - ASPHALT TYPES PER UNIT 0-100 101-500 501-1,000 1,001-5,000 Over 5,000 TASK ORDER 9.5 S.P. Traffic Level C I Ton I $781.57 I $251.86 $188.29 $179.77 $171.62 12.5 S.P. Traffic Level C Ton I $781.57 $251.86 $188.29 I $179.77 $171.62 9.5 F.C. Traffic Level C Ton $801.57 I $271.86 $208.29 I $199.77 $191.62 12.5 F.C. Traffic Level C I Ton $801.57 $271.86 $208.29 I $199.77 $191.62 CATEGORY B SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $3,166.28 $1,047.44 $793.16 $759.08 $726.48 pricing for each column of Category B) CATEGORY B TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for $6,492.44 1 Category B) I CATEGORY C - CHIP SEAL / FOG 0 - 25,001- 50,001- Over UNIT SEAL PER TASK ORDER 25,000 50,000 I 100,000 I 100,000 Single Chip (Number 89 Stone) Sq. Yd. $4.16 $3.51 $3.31 I $3.31 L ..._ Double Chip (Number 57 & 89 S Yd. q• I $6.82 $6.16 $5.96 $5.96 Stone) Triple Chip Seal Sq. Yd. $9.83 $8.95 $8.30 $8.30 Fog Seal I 5q. Yd. $ 0.70 $ 0.70 $ 0.70 I $ 0.70 I I CATEGORY C SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $21.51 $19.32 $18.27 $18.27 pricing for each column of Category C) CATEGORY C TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $77.37 Category C) Sumter County Board of County Commissioners Page too or 114 141 101 CATEGORY D - CAPE SEAL PER UNIT 0 - 25,001- 50,001- Over TASK ORDER 25,000 50,000 100,000 100,000 Cape Seal Sq. Yd. $ 12.06 $ 10.67 $ 10.21 $ 10.21 CATEGORY D SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $12.06 $10.67 $10.21 $10.21 pricing for each column of Category D) CATEGORY D TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $43.15 Category D) Sumter County Board of County Commissioners Page 101 of 114 142 102 CATEGORY E - MICRO -SURFACING I 0 - 25,001 - 50,001- Over PER TASK ORDER I UNIT 25,000 50,000 100,000 100,000 Double Micro Sq. Yd. $ 7.90 $7.16 $6.90 $6.90 Single Micro Sq. Yd. $5.99 I $5.25 $4.99 I $4.99 Rut Filling (Leveling) Ton $436.00 I $436.00 I $436.00 I $436.00 CATEGORY E SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $449.89 $448.41 $447.89 $447.89 pricing_ for each column of Category E) CATEGORY E TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $1,794.08 Category E) CATEGORY F - IN -PLACE RECYCLING - RECONSTRUCTION 0 - 25,001- 50,001- Over (FULL DEPTH RECLAMATION) PER UNIT 25,000 50,000 100,000 100,000 TASK ORDER Pulverization Sq. Yd. I $13.32 I $10.21 $9.63 I $9.09 Cement - Cement Treated Base Ton $245.00 I $245.00 I $245.00 I $245.00 Asphaltic Cement -Foamed Asphalt Base Gallon $4.75 I $4.75 I $4.75 $4.75 Asphaltic Emulsion - Emulsion I Treated Base Gallon $3.64 I $3.64 $3.64 $3.64 Added Rap or Aggregates Ton I $45.00 Z j of Excavation for Cu. Yd.' $40.00 - Widening/Unsuitable Materials `�� iii 111 General Use Optional Base Cu.Yd. t Material $45.00 0' - 4' <4' to 6' <6' to 10' <10' UNIT (width) I (width) I (width) I (width) Shoulder Rework LF $2.25 ' $2.75 I $3.25 $3.75 CATEGORY F SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $398.96 $266.35 $266.27 $266.23 pricing for each column of Category F) CATEGORY F TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $1,197.81 Category F) Sumter County Board or County Commissioners Page 102 of 114 143 103 REJUVENAT ON PER TASK ORDER UNIT I 0 - 1,000 I 5,000 25 000 I 50,000 50,000 Rejuvenation Sq. Yd. ` $ $ $ I $ $ Test Core Removal Each $ $ $ I $ $ Test Core Laboratory Analysis- Each I $ ( $ $ I $ $ Rejuvenation (Including Titanium Sq. Yd. I $ I $ I $ I $ $ Dioxide) Field Core Removal Each $ $ I $ ( $ $ Field Core Laboratory Analysis - Each $ $ I $ I $ $ Viscosity Field Core Laboratory Analysis — Each I $ $ I $ $ $ Titanium Dioxide Penetration Field Core Laboratory Analysis — Each I $ $ $ $ $ Titanium Dioxide NO2 Reduction Field Core Laboratory Analysis — Titanium Dioxide Solar Each $ $ $ $ $ Reflectance Index (SRI) CATEGORY G SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $ $ $ $ $ pricing for each column of Category G) CATEGORY G TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for NO BID $ Category G) CATEGORY H - CRACK SEALING UNIT 0 - 500 500 -1,000 1,001 - 5,000 5,001- Over PER TASK ORDER 10,000 10,000 Crack Sealant Gallon I $45.00 I $40.00 I $35.00 $33.00 $30.00 CATEGORY H SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $45.00 $40.00 $35.00 $33.00 $30.00 pricing for each column of Category H) CATEGORY H TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $183.00 Category H) Sumter County Board of County Commissioners Page 103 of 114 iE,/= 104 CATEGORY I - TRAFFIC LOOP I REPLACEMENT UNIT Type A Each I $4,500.00 (FDOT Item # 660-2-101) Type B Each I $4,500.00 (FDOT Item # 660-2-102) Type F Each (FDOT Item # 660-2-106) Type F (FOOT Item #660-2-106 modified Each to 30 Ft) CATEGORY I TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit pricing for Category 1) CATEGORY J - SODDING PER TASK UNIT ORDER Performance Turf Sod Sq. Yd. CATEGORY 1 SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line Item unit pricing for Category J) CATEGORY K —VARIABLE MESSAGE BOARDS PER TASK ORDER UNIT PER Variable Message Board BOARD $ 32.00 PER DAY CATEGORY K SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line Item unit pricing $32.00 for Category K) Sumter County Board of County Commissioners d.- $ k r r� Page 104 of I 145 CATEGORY L —PAVEMENT MARKINGS PER TASK ORDER Item: I Product Type: L-1 White — Solid 4„ 6„ I8 12" 18" 24" L-2 White — Skip 4" I 6" IL-3 Yellow — Solid 4" 6" 8„ 12" 118" L-4 Yellow — Skip 4" 6" L-5 I Yellow — Double 4" 6" Sumter County Board of County Commissioners 105 Unit: I Painted I Thermoplastic Misc. GM I $ 3,335.00 l $ 5,635.00 ` GM I $ 3,910.00 I $ 6,325.00 LF I $ 0.75 I $ 1.84 I LF I $ 4.83 I $ 6.04 - LF I $ 7.25 $ 7.25 LF I $ 9.66 $ 12.08 GM $ 1,207.50 $ 1,811.25 GM $ 1,449.00 I $ 2,415.00 GM S 3,381.00 I $ 5,675.25 A' GM $ 3,864.00 $ 6,325.00 •- 1 LF I $ 0.75 I $ 1.84',;y� LF I $ 3.62 $ 4.83 t£�_ LF I $5.41 $7.25 + GM I $ 1,207.50 $ 1,811.25 _ GM I $ 1,449.00 $ 2,415.00';. t I GM I $ 4,830.00 I $ 11,350.50 GM $ 5,313.00 I $ 12,650.00 Page 105 01114 146 106 L-6 Audible and Vibratory Pavement Markings Yellow - Skip 4" I GM $ 9,901.50 $ 9,901.50 II Yellow -Skip 6" I GM $ 9,901.50 $ 9,901.50 I I II White -Solid 4" I GM $ 9,901.50 $ 9,901.50 I White - Solid 6" I GM I $ 9.901.50 $ 9,901.50 L-7 Legends l"STOP" EA $ 120.75 $ 241.50 "R X R" (Includes 6" white) I EA $ 241.50 I $ 425.50 "ONLY" EA I $ 115.00 $ 241.50 I ,- "LANE" $115.00 $241.50 I;_:=''•,_•" "MERGE" I EA $ 149.50 I $ 299.00 .'<,>. "SCHOOL" I EA $ 184.00 $ 339.25 "AHEAD" I EA $ 172.50 $ 310.50 I " Visitor" I EA 5149.50 I $ 402.50 "Resident" I EA ' $ 149.50 I $ 460.00 "Path" I EA I $ 120.75 I $ 241.50 L-7 Markings I I TURN AND THROUGH LANE TURN ARROW EA $ 80.50 I $ 138.00 I THROUGH LANE USE ARROW EA S 40.25 I $ 69.00 TURN LANE USE ARROW EA $ 46.00 $ 80.50 BIKE OR CART EA $ 34.50 $ 115.00 BIKE ARROW EA I $ 34.50 I $ 287.50 YIELD TRIANGLES I EA I $ 11.50 I $ 28.75 L-8 I Reflective Pavement Markers I II Bi-Directional, Amber EA $ 6.04 $ 6.04 Mono -Directional Colorless EA $ 6.04 $ 6.04 Sumter County Board of County Commissioners Page 106 of 114 147 IBi-Directional, White/Red Sumter County Board of County Commissioners EA I $ 6.04 I $ 6.04 107 Pago 107 of 114 148 M., L-9 Miscellaneous POST SIGN, F&I GROUND MOUNT, UP ISINGLE TO 12 SF AS I $350.00 SINGLE POST SIGN, F&I GROUND MOUNT, 12-20 SF I AS $1,350.00 SINGLE POST SIGN, F&I GROUND MOUNT, 21-30 I AS I I $2,500.00 SF IMAILBOX (REMOVE AND REPLACE) I EA $325.00 Silt Fence Type III I LF I $ 2.50 Removal of Existing Marking I SF I $ 3.45 Preform Thermoplastic 12" I LF I $ 11.50 Preform Thermoplastic 24" I LF $ 23.00 Off Duty Law Enforcement Officer HR I:_.,_v�:b„� $ 100.00 .'v.�I.L:Y4:eEJ=�.iwS:tF. �"r_•.; moo'. CATEGORY L SUB -TOTAL UNIT PRICING: (Instructions: Enter Total $71,3fi7.64 $100,000.00 $4,665.45 of line item unit pricing for each column of Category L) I CATEGORY L TOTAL UNIT PRICING: I 176,033.09 (Instructions: Add together the total unit pricing of each column for Category L) $ -...r air. T'+'1N„ ,�' 't✓ sEa�1.�� CATEGORY M — Mobilization UNIT $0.00 - $50,001- $50,000 $100,000 Work Order Total LS $ 3,500.00 $ 3,500.00 CATEGORY M SUB -TOTAL UNIT PRICING: (instructions: Enter Total of line item unit $3,500.00 $3,500.00 pricing for each column.of Category M) CATEGORY M TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category M) CATEGORY N — Maintenance of ffi' UNIT 0-7 8 14 Trac Standard Index 600 Series MOT TWO-LANE AND MULTILANE, WORK ON SHOULDER Standard Index 600 Series MOT TWO-LANE, TWO-WAY WORK WITHIN THE TRAVEL WAY $100,001- Over $500,000 $500,000 $ 3,500.00 $ 3,500.00 $3,500.00 $3,500.00 $14,00.00 15 - 21 Day $ 500.00 $ 500.00 $ 500.00 Day $ 750.00 $ 750.00 $ 750.00 Sumter County Board of County Commissioners 22-31 1 Over 31 $ 500.00 1 $ 500.00 $ 750.00 1 $ 750.00 Page 108 of 114 149 109 Standard Index 600 Series MOT TWO-LANE, TWO-WAY, Day $ 750.00 $ 750.00 $ 750.00 $ 750.00 $750.00 INTERSECTION WORK I Standard Index 600 Series MOT Day I $ 750.00 I $ 750.00 $ 750.00 I $ 750.00 I $ 750.00 Multilane Roadway, Lane Closures Standard Index 600 Series MOT Multilane Roadway, Intersection Day $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Work Standard Index 600 Series MOT I Day $ 750.00 I $ 750.00 $ 750.00 I $ 750.00 I $ 750.00 Temporary Road Closure Standard Index 600 Series MOT I Day I $ 750.00 $ 750.00 $ 750.00 I $ 750.00 I $ 750.00 Two -Way Left -Turn Lanes Standard Index 600 Series MOT Day ' $ 250.00 I $ 250.00 $ 250.00 $ 250.00 I $250.00 Sidewalk Closure Standard Index 600 Series MOT Day I $ 750.00 $ 750.00 I $ 750.00 $ 750.00 I $ 750.00 Work Within the Roundabout CATEGORY N SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 pricing for each column of Category N) CATEGORY N TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $30,000.00 Category N) a R w. - ��,a5� .�Ss♦ �. `.�� ... ... Sumter County Board of County Commissioners Page 109 of 114 150 110 BID OF Countywide Pavement Maintenance and Rehabilitation Services Bid Form Asphalt Paving Systems, Inc. Full Legal Company Name 8940 Gall Blvd, Zephyrhills, FL 33541 (813) 788-0010 (813) 788-0020 Mailing Address Telephone Number Fax Number Bidders: Having become familiar with requirements of the project, and having carefully examined the Bidding Documents and Specifications entitled Countvwide Pavement Maintenance and Rehabilitatiop Service in Sumter County, Florida, the undersigned proposes to furnish all materials, labor and equipment, supervision and all other requirements necessary to comply with the Contract Documents to submit the following Bid summarized as follows: The following total unit costs (from the unit price) shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost for any locations within Sumter County. Partial bids will be accepted on a per category basis. Bidders are N.QZ required to bid each category, but must provide pricing for ALL line items listed in those categories on the unit price for which the bidder is capable of producing and have prior applicable experience. FOR: Countywide Pavement Management and Rehabilitation Services CATEGORY A TOTAL UNIT PRICING: $ _ _ 131.39 (From the unit price) Amount Written in Numerals Three hundred thirty one dollars and thirty nine cents. /100 Amount Written in Words CATEGORY B TOTAL UNIT PRICING: $ 6,492.44 (From the unit price) Amount Written in Numerals Six thousand four hundred ninety two dollars and forty four cents. /100 Amount Written in Words CATEGORY C TOTAL UNIT PRICING: $ 77.37 (From the unit price) Amount Written in Numerals Seventy seven dollars and thirty seven cents. Sumter County Board of County Commissioners Page 110 or 114 151 111 /100 Amount Written in Words CATEGORY D TOTAL UNIT PRICING: $ 43.15 (From the unit price) Amount Written in Numerals Forty three dollars and fifteen cents. /100 Amount Written in Words CATEGORY E TOTAL UNIT PRICING: $ 1,794.08 (From the unit price) Amount Written in Numerals One thousand seven hundred ninety four dollars and eight cents. /100 Amount Written in Words CATEGORY F TOTAL UNIT PRICING: $ 1,197.81 (From the unit price) Amount Written in Numerals One thousand one hundred ninety seven dollars and eighty one cents. /100 Amount Written in Words CATEGORY G TOTAL UNIT PRICING: $ 0.00 (From the unit price) Amount Written in Numerals No Bid /100 Amount Written in Words CATEGORY H TOTAL UNIT PRICING: $ 183.00 (From the unit price) Amount Written in Numerals One hundred eighty three dollars and zero cents. /100 Amount Written in Words CATEGORY 1 TOTAL UNIT PRICING: $ 20,000.00 (From the unit price) Amount Written in Numerals Twenty thousand dollars and zero cents. /100 Amount Written in Words Sumter County Board of County Commfssfoners Pape 111 or 114 152 112 CATEGORY 1 TOTAL UNIT PRICING: $ 4.50 (From the unit price) Amount Written in Numerals Four dollars and fifty cents. /100 Amount Written in Words CATEGORY K TOTAL UNIT PRICING: $ 32.00 (From the unit price) Amount Written in Numerals Thirty two dollars and zero cents. /100 Amount Written in Words CATEGORY L TOTAL UNIT PRICING: $ 176,033.09 (From the unit price) Amount Written in Numerals One hundred seventy six thousand thirty three dollars and nine cents. /100 Amount Written in Words CATEGORY M TOTAL UNIT PRICING: $ 14,000.00 (From the unit price) Amount Written in Numerals Fourteen thousand dollars and zero cents. /100 Amount Written in Words CATEGORY N TOTAL UNIT PRICING: $ 30,000.00 (From the unit price) Amount Written in Numerals Thirty thousand dollars and zero cents. /100 Amount Written in Words Each Bidder shall print legibly, In blue or black ink, the amount written in numerals and the amount written in words for the items shown above. In the event an amount submitted is not legible, the County reserves the right to consider it a "No Bid", and deem the Bidder nonresponsive to the requirements of the Bid. All Unit Prices shall be established at the beginning of the contract and may be adjusted (+ or -) annually upon approval of both the Contractor and County and only at the beginning of each renewal period. Any approved annual rate adjustments shall take effect with the first task order issued after the Sumter County Board of County COmmfssioners Page 112 of 114 153 113 renewal period. Additional Unit Price items not included on the official bid form will be submitted to the County's authorized representative for prior approval and will be added to the Standard Agreement through a Contract Amendment and must be accepted by both the Contractor and the County. Price adjustments forfuel and bituminous products will not be allowed on a task order basis. Note: The listing order of bid items reflects a construction sequence in general terms for bidding purposes only and is not a specific construction schedule. Sumter County reserves the right to award a contract to more than one bidder. Sumter County Board of County Commissioners Page 113 oI114 154 (7 SEBASTIAN (INTLNNIAL (ILIBRATION N!f - IBt1 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: City Council Approval of Resolution R-24-20 approving a piggyback agreement for pavement maintenance and rehabilitation services with Asphalt Pavement Systems, Inc. Recommendation: Staff Recommends Approval of R-24-20 approving a piggyback agreement for pavement maintenance and rehabilitation services with Asphalt Pavement Systems, Inc. and authorize the City Manager to execute the piggyback agreement. Background: Asphalt Pavement Systems, Inc. (APS) has an existing contract with the Board of Sumter County Commissioners (Sumter County) effective through November 14, 2025 (with an additional two (2) — one year renewals) that the City of Sebastian is seeking to piggyback. The piggyback will be used to complete all 2022 roadway paving and all 2023 roadway projects. The City does have a contract with APS. However, after pricing 2022 and 2023 roadway paving, APS determined they could not honor their contract pricing (last revised by Council in July 2023) due to increased plant costs. APS provided revised contract prices for the City's contract, RFP 19-03, and their contract with Sumter County as a proposed solution. In review of the revised pricing and piggyback option, Staff determined it was more beneficial to piggyback the Sumter County contract. Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10 grant the City authority to piggyback the purchase of goods and services as a form of inter -governmental purchasing. This allows smaller agencies to take advantage of the better pricing that other entities were able to obtain and reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.). In order to fund this project approval is being requested to reallocate the American Rescue Plan Act Funds (ARPA) as follows: reallocate the $700,000 budgeted for the Concha Dam project as well as $213,120 from the Riviera and Gardenia project to the road rehabilitation project. Concha Dam and the funds necessary for the Riviera and Gardenia project will be funded by Discretionary Sales Tax funds. Staff is seeking approval of execution for the piggyback agreement with Asphalt Paving Systems, Inc., for pavement maintenance and rehabilitation services as outlined above, and for approval of the execution of the agreement by the City Manager. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $ 1,205,880 Total Cost: $2,119,000 Funds to Be Utilized for Appropriation: American Rescue Plan Act Attachments: 1. R-24-20 Asphalt Paving Systems Resolution 2. Exhibit A - 045-0-2023 ITB Sumter County Asphalt Paving Agreement 3. Exhibit B - 045-0-2023 ITB City of Sebastian Piggyback Agreement 4. Asphalt Paving Systems, Inc. Revised Pricing ITB 5. Revised 2022 reconstruction and preservation Quotes from APS 6. Revised 2023 reconstruction and preservation Quotes from APS Administrative Service=app City Attorney Review: Procurement Division,t,,� c City Manager Authorization: '�/171 ti Date: �o� 155 DocuSign Envelope ID: lC04E45C-98E6-4EB8-87ED-8EE85248A42A PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND ASPHALT PAVING SYSTEMS. INC. THIS AGREEMENT is made and entered into on 4Fr, I Iq t4% aD)V , 2024 by the City of Sebastian, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and Asphalt Paving Systems, Inc., (hereinafter "VENDOR"). WHEREAS, the Board of Sumter County Commissioners has previously entered into a contract with Vendor to provide pavement maintenance and rehabilitation services on November 14, 2023 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by the Board of Sumter County Commissioners to provide pavement maintenance and rehabilitation services and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter -governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by the Board of Sumter County Commissioners is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall end on November 13, 2025. This agreement is subject to renewal or extension in one year increments by agreement of the parties in writing. 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the Board of Sumter County Commissioners and Vendor Page 1 of 5 111111141.1 DocuSign Envelope ID: lC04E45C-98E6-4EB8-87ED-8EE85248A42A referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: Robert Capoferri, President Asphalt Paving Systems, Inc. 8940 Gall Blvd Zephyrhills, FL 33540 4. PUBLIC RECORDS CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JEANETTE WILLIAMS, CITY CLERK 1225 MAIN ST SEBASTIAN, FL 32958 (772) 388-8215 JWILLIAMS, I CITYOFSEBASTIAN.ORG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the Page 2 of 5 157 DocuSign Envelope ID: lC04E45C-98E64EB8-87ED-8EE85248A42A contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 5 158 DocuSign Envelope ID: lC04E45C-98E6-4EB8-87ED-8EE85248A42A IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST Do[cuSlgned by: I �cu �A `w OA ATTEST: Jeanette Williams, MMC 11 City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. DocuSlgned by: c Ui-3 493,U94Cr5R74 Jennifer D. CCockcroft, Esq. City Attorney ASPHALT PAVING SYSTEMS, INC. DocuSlgned by: O� (Abe g9 B .. Ro6er apo erri, President Date: 4/15/2024 1 1:21:31 PM EDT CITY OF SEBASTIAN, FL By: ` Brian Benton, City Manager Date: I / a SI a 0a y Page 4 of 5 159 EXHIBIT A Board of Sumter County Commissioners Agreement Page 5 of 5 160 SUMTER COUNTY COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITIATION SERVICES AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 14`h day of November, 2023, by and between Board of Sumter County Commissioners (hereinafter referred to as "Board," or "County"), whose address is 7375 Powell Road, Wildwood, Florida 34785, and Asphalt Paving Systems, Inc. (hereafter referred to as "Vendor"), whose address is 8940 Gall Boulevard, Zephyrhills, Florida 33541. RECITALS WHEREAS, the Board has need of professional services for ITB 045-0-2023/RS; and WHEREAS, the parties desire to enter into a written agreement outlining the duties, responsibilities and compensation of Vendor, based on the Vendor's response to ITB 045-0- 2023/RS Countywide Pavement Maintenance and Rehabilitation Services. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The relationship of the Vendor to the Board will be that of a professional Vendor and the Vendor will provide the professional and technical services required under this Agreement in accordance with acceptable professional practices and ethical standards applicable to Vendor's profession, and Vendor will endeavor to provide to the Board prompt and efficient services to the best of its ability. 2. Vendor is hereby retained and employed as a Sumter County Contactor, and will work with the Board to provide services in accordance with the scope of work outlined in ITB 045-0- 2023/RS. 3. The term of this Agreement shall commence on November 14, 2023 and continue full force for two years with an additional two (2) — one year renewals from the date established in the Notice to Proceed, unless otherwise terminated as provided in paragraph four (4) of this Agreement. The term of this Agreement does not relieve the Vendor of any future responsibility as described in paragraph six (6) of this Agreement. 4. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party at the address designated in this Agreement for receiving such notice. If this Agreement is terminated, Vendor shall be authorized to receive payment for all work performed up to the date of termination. With regard to compensation paid to Contractor, Contractor shall furnish to the Board an itemized invoice detailing all of Contractors hours, services, expenses and any other services utilized by the Board. The invoice shall be itemized pursuant to and in accordance with the Fee Schedule, attached hereto as Exhibit A, and incorporated herein in haec verba. Contractor shall submit all invoices pursuant to the Local Government Prompt Payment Act, F.S. 218. Contractor acknowledges and agrees that the rates set forth in the Fee Schedule shall remain fixed throughout the duration of this Agreement, including both the 161 Initial Term and any Renewal Term, and thereafter shall only be adjusted by mutual written agreement of both parties. a. For construction services progress payments, 5 percent (5%) of the payment will be withheld. 2. General Considerations. a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board' s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board's custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the "Records"), for a minimum of five (5) years from the date of expiration or termination of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period -of -time. The right to audit, inspect, and copy Records shall include all of the records of sub -Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-689-4400, Sumter County Board of County Commissioners, 7375 Powell Road, Wildwood, Florida 34785 or via email at Records@sumtercountyfl.gov. 162 h. Vendor shall, at all times, carry General Liability, Automobile and Worker' s Compensation Insurance pursuant to the insurance requirements in ITB 045-0- 2023/RS, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor's written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. j. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. k. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsive contractor may not submit a bid. 3. The Vendor may be required to provide additional services to the Board on challenges, public protests, administrative hearings or similar matters. The Vendor shall be available to represent the Board, serve as an expert witness, and provide supporting documentation as necessary. Should any other professional services be called for by the Board that are not otherwise set forth in this Agreement or any of its attachments or exhibits, charges for these services shall be agreed upon in advance by the parties hereto. 4. The Contract Documents, which comprise the entire Contract between Board and Vendor and which are further incorporated herein by reference, consist of the following: a. ITB 045-0-2023/RS b. Vendor's Bid in Response to ITB 045-0-2023/RS c. This Agreement d. Permits / Licenses e. All Bid Addenda Issued Prior to Opening Date f. All Modifications and Change Orders Issued 5. Vendor shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Vendor shall indemnify and save harmless the Board, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney's fees that may hereafter at any time be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Vendor, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by Board of the benefits of Section 768.28, Florida Statutes. 6. Vendor is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of Board; and no provisions of Board's personnel policies shall apply to this Agreement. None of the benefits provided by Board to its employees including, but not limited to, worker' s compensation insurance and unemployment insurance, are available from Board to Vendor, or its employees, agents or servants. Vendor assumes responsibility for payment of all federal, state and local taxes imposed or required of Vendor including but not limited to FICA, FUTA, unemployment insurance, Social Security and income tax laws for which Vendor as employer is responsible. Vendor shall be solely responsible for any worker's 163 compensation insurance required by law and shall provide the Board with proof of insurance upon demand. The parties agree that Board shall not: (a) pay dues, licenses or membership fees for Vendor; (b) require attendance by Vendor, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Vendor from working for any other party. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or 0) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate. 8. Attorney's Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys' fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non -prevailing party. In the event of default by either party hereto, the defaulting party shall be liable for all costs and expenses, including reasonable attorney' s fees and costs incurred by the other party in enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level. 9. Law of the Agreement; Jurisdiction and Venue. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement. The Parties to this Agreement agree that venue and jurisdiction is mandated to lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. If, even though precluded by agreement of the Parties hereto, litigation arising from or based upon this contract should be mandated by a court of competent jurisdiction issued pursuant to a duly noticed hearing giving Sumter County adequate time to respond and all of the benefits of due process to lie in the proper venue or jurisdiction of a federal court, that federal court shall only be in the Middle District of Florida, Ocala Division. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to removal of any such dispute to any federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not 164 subject to the jurisdiction of the state courts located in Sumter County, Florida and that the laws of the state of Florida. 10. Entire Agreement. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein. 11. Assignment. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary. 12. Compliance with Licenses, Permits, and Applicable Laws. In performing services hereunder, Vendor shall comply with all federal, state and local laws and regulations. Vendor shall be responsible for identifying and obtaining all permits necessary to complete the scope of services. Vendor shall be responsible for obtaining, at its sole cost and expense, all necessary license licenses and other governmental approvals required in order for Vendor to provide the type of services required hereunder. 13. E-Verify: system established by the U.S. Department of Homeland Security to determine the immigration and work -eligibility status of prospective employees. 14. The Vendor agrees to certify to the Board that Vendor is in compliance with the federal E- Verify program, including obtaining written certification from all sub -Vendors who will participate in the performance of scope of services contemplated in this Agreement. All sub -Vendor certifications must be kept on file by the Vendor and made available to the state and/or the Board upon request. The Board reserves the right to take action against any Vendor deemed to be non -compliant; potential actions may include, but are not limited to, cancellation of this Agreement and/or suspending or debarring the Vendor from performing services for the County. 15. Conflict of Interest. Vendor shall notify Board in writing of any commitments during the term of this Agreement which may constitute a potential or actual conflict of interest with respect to the scope of services to be performed for the Board. 16. Corporate Status; Change of Ownership. If Vendor is a non -governmental, corporate entity: a. Corporate Status. Vendor shall ensure that the corporate status shall continuously be in good standing and active and current with the state of its incorporation and the State of Florida and at all times throughout the Term, and any renewal or extension hereof. Failure of the Vendor to keep its corporate status active and current shall constitute a material breach under the terms of this Agreement. Change of Ownership. Vendor shall notify County immediately upon any change in corporate ownership or any substitution of the key professional 165 assigned (the "Key Person") to perform under this Agreement ("Change of Ownership"). County shall have the option of cancelling this Agreement if a Change of Ownership is not suitable to it, provided however, no cancellation shall relieve the Vendor of its obligations to perform the work described herein or for liability for breach of same. A Change of Ownership means the occurrence of any one or more of the following: a sale, lease, or other disposition of 50% or more of the interest or assets of the company or corporation; a merger, reverse merger or consolidation with another entity; a transaction wherein a third -party becomes the beneficial owner having fifty (50%) percent or more interest in the corporation or company; or fifty (50%) percent or more of the total number of votes that may be cast for any act of the entity. 21. Default. Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity. 22. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good -faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally -assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Party may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below. 23. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 24. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives. 166 25. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 26. Time is of the Essence. Time shall be of the essence of this Agreement. 27. Survivability. Any provision of this Agreement, which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive. 28. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement. 29. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 30. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder. 31. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms. 32. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender. 33. Incorporation of Recitals. Each of the WHEREAS clauses listed above are hereby re - alleged and incorporated into this Agreement as if otherwise fully stated herein. 34. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice. 167 FOR THE BOARD Name: Bradley S Amald FAR THE VENDOR Asphalt Paving Systems, Inc. Name: Robert Capolern Address:7375 Powell Road. Wildwood, FL 34785 Address: 8940 Gall Blvd. Zephytbills. FL 33541 Title: County Administrator ATTEST: Title_ President Date: 11/3/2023 SS WHEREOF, the parties have signed this agreement the day and year first above By: Kenneth IGtessina / Secretary SUMTER COUNTY BOARD OF COUNTY MMISSIONERS J By: Chairman Date Signed: 11 ASPHALT PAVING SYSTEMS, INC. gy. R`� obert Capofem / President Date Signed: 11f3r2023 168 98 EXHIBIT A Bid Form Telephone: (352) 689-4400 Fax: (352) 689-4401 Re: ITB 045-0-2023/RS COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITATION SERVICES 1. Having carefully examined the ITB for the project listed above: And being familiar with the premises affecting the work, the undersigned proposes and hereby agrees to furnish all labor and material and to perform all work in accordance with said documents for: ITB 045-0-2023/RS 2. In submitting this Bid, it is understood that the right is reserved by the Board of Sumter County Commissioners to reject any, and all bids. 3. The Vendor hereby acknowledges the receipt of None Addenda issued during the bid period and certifies their inclusion in the bid. (Indicate 'NONE" if no addendums were received). 4. All Requests for Information (RFI's) will be sent to Jackie Valdez for response. Date: 10/27/2023 Asphalt Pavinq Systems, Inc. Vendor By: _ 'Robert Capoferri / President Tit)e: P ;;ent IV—ephone: (813 788-0010 Address: 8940 Gall Blvd Zephyrhills, FL 33541 Sumter County Board of County commissioners Page 9E of 114 169 Countywide Pavement Maintenance and Rehabilitation Services Unit Price Bid The following unit costs shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost. Bid award will be based on the total unit pricing for each category listed in the unit price proposal. Bidders are NOT required to bid each category, but must provide pricing for SILL line items listed in those categories they are capable of producing and have prior applicable experience. Sumter County reserves the right to award a contract to one or more vendors. CATEGORY A - MILLING UNIT 0 -1,000 I 1,001- I 5,001- I 10,001- Over PER TASK ORDER 5,000 10,000 25,000 25,000 1" Sq. Yd. $13.75 I $7.15 I $4.25 I $3.75 $3.25 1.5" Sq. Yd. $13.75 I $7.15 I $4.25 I $3.75 I $3.25 2" Sq. Yd. I $14.25 $7.90 $4.99 I $3.99 I $3.55 2.5" Sq. Yd. I $14.25 $7.90 I $4.99 $3.99 I $3.55 3" Sq. Yd. I $15.95 I $7.99 I $5.65 $4.85 I $4.25 4" Sq. Yd. I $16.95 I $8.25 I $6.20 I $5.50 $5.15 5" Sq. Yd. I $18.25 $8.60 $7.50 $5.95 I $5.50 6" Sq. Yd. $21.25 I $6.99 $7.95 $6.75 $6.25 Asphalt and/or profile millings deductive alternate for Contractor to deliver and transport Cu. Yd. -$1.00 -$1.00 -$1.00 $i.00 -$1.00 (Beyond first 25 truck loads) UNIT 0 -10 <10 - 20 <20 - 30 Over 30 (Miles) (Miles) (Mlles) (Miles) Sumter County Board of County Commissioners Page 99 of 114 170 Hauling First 25 Truck Loads of Compensation/Mile Millings to be delivered From Work Site to County Facility Location to County $5.00 $5.00 Facility back to Work site location CATEGORY A SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $132.40 $67.93 pricing for each column of Category A) CATEGORY A TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category A) CATEGORY B - STRUCTURAL OVERLAY - ASPHALT TYPES PER UNIT 0-100 101-500 TASK ORDER 9.5 S.P. Traffic Level C I Ton $781.57 $251.86 12.5 S.P. Traffic Level C I Ton $781.57 I $251.86 9.5 F.C. Traffic Level C I Ton $801.57 $271.86 12.5 F.C. Traffic Level C I Ton $801.57 $271.86 CATEGORY B SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $3,166.28 $1,047.44 pricing for each column of Category 8) CATEGORY B TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category 8) CATEGORY C - CHIP SEAL / FOG UNIT 0 - 25,001- SEAL PER TASK ORDER 25,000 50,000 Single Chip (Number 89 Stone) Sq. Yd. $4.16 $3.51 Double Chip (Number S7 & 89 Sq. Yd. $6.82 $6.16 Stone) Triple Chip Seal Sq. Yd. $9.83 $8.95 Fog Seal Sq. Yd. $ 0.70 $ 0.70 CATEGORY C SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $21.51 $19.32 pricing for each column of Category C) CATEGORY C TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category C) Sumter County Board of County Commissioners 100 $5.00 $5.00 $5.00 $49.78 $42.53 $38.75 $331.39 501-1,000 1,001-5,000 Over 5,000 $188.29 $179.77 $171.62 $188.29 I $179.77 $171.62 $208.29 $199.77 $191.62 $208.29 $199.77 $191.62 $793.16 1 $759.08 $726.48 $6,492.44 50,001 - 100,000 $3.31 $5.96 $8.30 $ 0.70 Over 100,000 $3.31 $5.96 $8.30 $ 0.70 $18.27 $18.27 $77.37 Page 100 of 114 171 CATEGORY D - CAPE SEAL PER 0 - 25,001- UNIT TASK ORDER 25,000 50,000 Cape Seal Sq. Yd. $ 12.06 $ 10.67 CATEGORY D SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $12.06 $10.67 pricing for each column of Category D) CATEGORY D TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category D) Sumter County Board of County Commissioners 50,001- Over 100,000 1 100,000 $ 10.21 I $ 10.21 $10.21 1 $10.21 $43.15 101 Page 101 of 114 172 CATEGORY E - MICRO -SURFACING I 0 - 25,001 - PER TASK ORDER UNIT 25,000 50,000 Double Micro Sq. Yd. $ 7.90 $7.16 Single Micro I Sq. Yd. $5.99 $5.25 Rut Filling (Leveling) I Ton $436.00 $436.00 CATEGORY E SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $449.89 $448.41 pricing for each column of Category E) CATEGORY E TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category E) CATEGORY F - IN -PLACE RECYCLING - RECONSTRUCTION 0 - 25,001- (FULL DEPTH RECLAMATION) PER UNIT 25,000 50,000 TASK ORDER Pulverization Sq. Yd. Cement - Cement Treated Base Asphaltic Cement - Foamed Asphalt Base Asphaltic Emulsion - Emulsion I! Treated Base Added Rap or Aggregates Excavation for Widening/Unsuitable Materials General Use Optional Base Material Ton Gallon Gallon Ton Cu. Yd. Cu. Yd. UNIT 102 50,001 - 100,000 $6.90 $4.99 $436.00 $447.89 Over 100,000 $6.90 $4.99 $436.00 $447.89 $1,794.08 50,001 - Over 100 000 100 000 $13.32 I $10.21 I $9.63 I $9.09 I I$245.00 I $245.00 $245.00 I $245.00 $4.75 I $4.75 $4.75 ( $4.75 f M„ $3.64 I $3.64 $3.64 $3.64 $45.00 rr a $40.00 �• I $45.00 I `I 0' - 4' <4' to 6' I <6' to 10' <10' (width) I (width) (width) (width) Shoulder Rework LF $2.26 $2.75 $3.25 $3.75 CATEGORY F SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $398.96 $266.35 pricing for each column of Category F) CATEGORY F TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category F) Sumter County Board of County CommJssioners $266.27 I $266.23 $1,197.81 Page 102 of 114 173 103 ASPHALT UNIT I 0 - 1,000 I I I 5 ,001- Over REJU ENAT ON PER TA KORDER 5,000 25 000 50,000 50,000 IRejuvenation Sq. Yd. I $ $ I $ I $ $ ITest Core Removal Each I $ $ I $ I $ $ ITest Core Laboratory Analysis- Each I $ I $ I $ I $ $ IRejuvenation (Including Titanium Sq. Yd. $ I $ I I I Dioxide) j I $ $ $ IField Core Removal j Each I $ $ ( $ I $ $ Field Core Laboratory Analysis - Viscosity I Each $ $ I $ I $ $ Field Core Laboratory Analysis - i Titanium Dioxide Penetration I Each $ $ $ $ $ I Field Core laboratory Analysis — Each Titanium Dioxide NO2 Reduction I $ I $ $ $ $ Field Core Laboratory Analysis — Titanium Dioxide Solar Each $ $ $ $ $ Reflectance Index (SRI) CATEGORY G SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $ $ $ $ $ pricing for each column of Category G) CATEGORY G TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for NO BID $ Category G) CATEGORY H - CRACK SEALING 5,001- Over PER TASK ORDER UNIT 0 - 500 500 -1,000 1,001- 5,000 10,000 10,000 Crack Sealant Gallon $45.00 1 $40.00 I $35.00 $33.00 I $30.00 CATEGORY H SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $45.00 $40.00 $35.00 $33.00 $30.00 pricing for each column of Category H) CATEGORY H TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $183.00 Category H) Sumter County Board of County Commissioners Page f03 of 114 174 104 CATEGORY I - TRAFFIC LOOP REPLACEMENT UNIT Type A Each $4,500.00 (FDOT Item # 660-2-101) Type a Each $4,500.00 (FDOT Item # 660-2-102) Type F Each $5,000.00 (FDOT Item # 660-2-106) Type F (FDOT Item #660-2-106 modified Each $6,000.00 to 30 Ft) CATEGORY I TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $20,000.00 a pricing for Category I) Y CATEGORY J - SODDING PER TASK ORDER UNITV. Performance Turf Sod Sq. Yd. $4.50 Y_ CATEGORY J SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line Item unit pricing $4.50 + for Category J' CATEGORY K — VARIABLE MESSAGE BOARDS PER TASK UNIT ORDER !..: PER Variable Message Board BOARD $ 32.00 PER DAY CATEGORY K SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line item unit pricing $32.00 for Category K) Sumter County Board of County Commissioners Pago 104 of I `WAR 105 CATEGORY L —PAVEMENT MARKINGS PER TASK ORDER Item: I Product Type: Unit: I Painted Thermoplastic Misc. L-1 I White — Solid 4" GM I $ 3,335.00 I $ 5,635.00 6" GM I $ 3,910.00 I $ 6,325.00 I 8" LF I $ 0.75 $ 1.84 12" I LF I $ 4.83 $ 6.04 18" LF I $ 7.25 $ 7.25 24" LF I $ 9.66 $ 12.08 :I L-2 I White — Skip I 4" I GM $ 1,207.50 I $ 1,811.25 6" I GM $ 1,449.00 I $ 2,415.00 L-3 Yellow — Solid I I 1 I 4" I GM 15 3,381.00 I $ 5,675.25 6' I GM $ 3,864.00 I $ 6,325.00 :.;��t:: •: fir- :.. rt 8„ I LF $ 0.75 I $ 1.84:�. ` 12" I LF I $ 3.62 I $ 4.83 �181, C LF I$5.41 I$7.25 L-4 f Yellow — Skip I I 4" GM I $ 1,207.50 $ 1,811.25 6" GM $ 1,449.00 $ 2,415.00 L-S Yellow — Double 4" I GM I $ 4,830.00 $ 11,350.50 6" I GM $ 5,313.00 I $ 12,650.00 , Sumter County Board of County Commissioners Page 105 of 114 1.76 L-6 I Audible and Vibratory Pavement Markings Yellow - Skip 4" II Yellow -Skip 6" White - Solid 4" White - Solid 6" L-7 Legends "STOP" "R X R" (Includes 6" white) "ONLY" "LANE" "MERGE" "SCHOOL" "AHEAD" " Visitor" "Resident" "Path" L-7 Markings TURN AND THROUGH LANE TURN ARROW THROUGH LANE USE ARROW ITURN LANE USE ARROW BIKE OR CART BIKE ARROW fI I YIELD TRIANGLES L-8 I Reflective Pavement Markers Bi-Directional, Amber II Mono -Directional Colorless Sumter County Board of County Commissioners 106 GM $ 9,901.50 $ 9,901.50 GM I $ 9,901.50 I $ 9,901.50 GM $ 9,901.50 I $ 9,901.50 GM $ 9,901.50 I $ 9,901.50 EA $ 120.75 I $ 241.50 EA $ 241.50 $ 425.50 EA I $ 115.00 $ 241.50 $115.00 $241.50 IEA I $ 149.50 $ 299.00 EA I $ 184.00 I $ 339.25 EA I $ 172.50 I $ 310.50 IEA I $ 149.50 $ 402.50 EA $ 149.50 $ 460.00 - IEA $ 120.75 I $ 241.50'1;•# EA $ 80.50 I $ 138.00 EA l $ 40.25 I $ 69.00 ± EA $ 46.00 I $ 80.50 r EA $ 34.50 I $ 115.00 EA I $ 34.50 I $ 287.50 EA I $ 11.50 I $ 28.75 I ;' EA $ 6.04 I $ 6.04 EA , $ 6.04 I $ 6.04 Pape 106 o1114 177 Bi-Directional, White/Red Sumter County Board of County Commissioners EA I $ 6.04 I $ 6.04 107 Pago 107 of 114 178 1e L-9 I Miscellaneous POST SIGN, F&I GROUND MOUNT, UP f ISINGLE AS I TO 12 SF 5350.00 POST SIGN, F&I GROUND MOUNT, 12-20 ISINGLE I AS SF $1,350.00 SINGLE POST SIGN, F&I GROUND MOUNT, 21-30 i I AS I SF I $2,500.00 IMAILBOX (REMOVE AND REPLACE) EA I __ I $325.00 Silt Fence Type III LF I I $ 2.50 Removal of Existing Marking I SF I $ 3.45 Preform Thermoplastic 12" I LF I $ 11.50 Preform Thermoplastic 24" I LF .I $ 23.00 Off Duty Law Enforcement Officer I HR I $ 100.00 r CATEGORY L SUB -TOTAL UNIT PRICING: (Instructions: Enter Total I $71,367.64 I $100,000.00 I $4,665.45 of line item unit pricing for each column of Category L) CATEGORY L TOTAL UNIT PRICING: I $ 176,033.09 (Instructions: Add together the total unit pricing of each column for Category L) SHADEp NOj APQLlCAB CATEGORY M — Mobilization UNIT $0.00 - $50,001- $50,000 $100,000 Work Order Total LS $ 3,500.00 $ 3,500.00 CATEGORY M SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $3,500.00 $3,500.00 pricing for each column of Category M) CATEGORY M TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category M) CATEGORY N — Maintenance of + UNIT Traffic 0-7 8 - 14 Standard Index 600 Series MOT TWO-LANE AND MULTILANE, I Day $ 500.00 $ 500.00 WORK ON SHOULDER i Standard Index 600 Series MOT TWO-LANE, TWO-WAY WORK Day $ 750.00 $ 750.00 WITHIN THE TRAVEL WAY Sumter County Board or County Commissioners $100,001- $500,000 $ 3,500.00 Over $500,000 $ 3,500.00 $3,500.00 $3,500.00 $14,00.00 15 - 21 22-31 Over 31 $ 500.00 $ 500.00 $ 500.00 $ 750.00 $ 750.00 $ 750.00 Page 108 of 114 179 109 Standard Index 600 Series MOT TWO-LANE, TWO-WAY, Day I $ 750.00 $ 750.00 $ 750.00 $ 750.00 $750.00 INTERSECTION WORK Standard Index 600 Series MOT I Da y j $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 f Multilane Roadway, Lane Closures I Standard Index 600 Series MOT Multilane Roadway, Intersection Day $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Work Standard Index 600 Series MOT Day $ 750.00 I $ 750.00 $ 750.00 I $ 750.00 $ 750.00 Temporary Road Closure I Standard Index 600 Series MOT I Day $ 750.00 $ 750.00 $ 750.00 I $ 750.00 $ 750.00 I Two -Way Left -Turn Lanes I Standard Index 600 Series MOT Day $ 250.00 $ 250.00 $ 250.00 I $ 250.00 I $250.00 I Sidewalk Closure IStandard Index 600 Series MOT Day Work Within the Roundabout I $ 750.00 $ 750.00 $ 750.00 $ 750.00 I $ 750.00 I CATEGORY N SUB -TOTAL UNIT PRICING: {Instructions: Enter Total of line item unit $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 pricing; for each column of Category N) CATEGORY N TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $30,000.00 Category N) SHADED'N,OTAPPUCABLE: ate _ Sumter County Board of County Commissioners Page 109 0(114 180 110 BID OF Countywide Pavement Maintenance and Rehabilitation Services Bid Form Asphalt Pavinq Systems, Inc. Full Legal Company Name 8940 Gall Blvd, Zephyrhills, FL 33541 (813) 788-0010 (813) 788-DO20 Mailing Address Telephone Number Fax Number Bidders: Having become familiar with requirements of the project, and having carefully examined the Bidding Documents and Specifications entitled Countvwirie Pavement Maintenance and Rehabilitation Service In Sumter County, Florida, the undersigned proposes to furnish all materials, labor and equipment, supervision and all other requirements necessary to comply with the Contract Documents to submit the following Bid summarized as follows: The following total unit costs (from the unit price) shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost for any locations within Sumter County. Partial bids will be accepted on a per category basis. Bidders are NQJ required to bid each category, but must provide pricing for ALL line items listed in those categories on the unit price for which the bidder is capable of producing and have prior applicable experience. FOR: Countywide Pavement Management and Rehabilitation Services CATEGORY A TOTAL UNIT PRICING: $ 331.39 (From the unit price) Amount Written in Numerals Three hundred thirty one dollars and thirty nine cents. /100 Amount Written in Words CATEGORY B TOTAL UNIT PRICING: $ 6,492.44 (From the unit price) Amount Written in Numerals Six thousand four hundred ninety two dollars and forty four cents. /100 Amount Written in Words CATEGORY C TOTAL UNIT PRICING: $ 77.37 (From the unit price) Amount Written in Numerals Seventy seven dollars and thirty seven cents. Sumter County Board of County Commiss oners Page 110 of 114 181 111 /100 Amount Written in Words CATEGORY D TOTAL UNIT PRICING: $ 43.15 (From the unit price) Amount Written in Numerals Forty three dollars and fifteen cents. /100 Amount Written in Words CATEGORY E TOTAL UNIT PRICING: $ 19794.08 (From the unit price) Amount Written in Numerals One thousand seven hundred ninety four dollars and eight cents. /100 Amount Written in Words CATEGORY F TOTAL UNIT PRICING: $ 1,197.81 (From the unit price) Amount Written in Numerals One thousand one hundred ninety seven dollars and eighty one cents. /100 Amount Written in Words CATEGORY G TOTAL UNIT PRICING: $ 0.00 (From the unit price) Amount Written in Numerals No Bid /100 Amount Written in Words CATEGORY H TOTAL UNIT PRICING: $ 183.00 (From the unit price) Amount Written in Numerals One hundred eighty three dollars and zero cents. /100 Amount Written in Words CATEGORY 1 TOTAL UNIT PRICING: $ 20,000.00 (From the unit price) Amount Written in Numerals Twenty thousand dollars and zero cents. /100 Amount Written in Words Sumter County Board of County Commissioners Pape 111 of 114 182 112 CATEGORY 1 TOTAL UNIT PRICING: $ 4.50 (From the unit price) Amount Written in Numerals Four dollars and fiftv cents. /100 Amount Written in Words CATEGORY K TOTAL UNIT PRICING: $ 32.00 (From the unit price) Amount Written in Numerals Thirty two dollars and zero cents. /100 Amount Written in Words CATEGORY L TOTAL UNIT PRICING: $ 176,033.09 (From the unit price) Amount Written in Numerals One hundred seventy six thousand thirty three dollars and nine cents. /100 Amount Written in Words CATEGORY M TOTAL UNIT PRICING: $ 14,000.00 (From the unit price) Amount Written in Numerals Fourteen thousand dollars and zero cents. /100 Amount Written in Words CATEGORY N TOTAL UNIT PRICING: $ 30,000.00 (From the unit price) Amount Written in Numerals Thirty thousand dollars and zero cents. /100 Amount Written in Words Each Bidder shall print legibly, In blue or black ink, the amount written in numerals and the amount written in words for the items shown above. In the event an amount submitted is not legible, the County reserves the right to consider it a "No Bid", and deem the Bidder nonresponsive to the requirements of the Bid. All Unit Prices shall be established at the beginning of the contract and may be adjusted (+ or -) annually upon approval of both the Contractor and County and only at the beginning of each renewal period. Any approved annual rate adjustments shall take effect with the first task order issued after the Sumter County Board of County Commissioners Page 112 of 114 183 113 renewal period. Additional Unit Price items not included on the official bid form will be submitted to the County's authorized representative for prior approval and will be added to the Standard Agreement through a Contract Amendment and must be accepted by both the Contractor and the County. Price adjustments for fuel and bituminous products will not be allowed on a task order basis. Note: The listing order of bid items reflects a construction sequence in general terms for bidding purposes only and is not a specific construction schedule. Sumter County reserves the right to award a contract to more than one bidder. Sumer County Board of County Commissioners Page 113 of 114 184 BID FORM "BASE BID Alternative Paving Methods" Revised Pay Item Description Quantity Unit Unit Cost Pricing 2024 280-2 Asphaltic Base Course 20-200 TN 381.7 $ 535.S3 280-2 Asphaltic Base Course 201-500 TN 192.98 $ 270.61 280-2 Asphaltic Base Course 501-1000+ TN 144.43 $ 297.50 327-1 Milling of Existing Asphalt (2" +/-) 50,000 + SY 4.06 $ 4.97 327-2 Milling of Existing Asphalt (2" +/-) 10,000 to 50,000 SY 4.42 $ 5.39 331-1 SP 9.5 Asphaltic Concrete 20-200 TN 381.7 $ S35.53 331-1 SP 9.5 Asphaltic Concrete 201-500 TN 192.88 $ 270.61 331-1 SP 9.5 Asphaltic Concrete 501-1000+ TN 144.43 $ 197.50 333-1 SP 12.5 Asphaltic Concrete 20-200 TN 380.7 $ 534.12 333-1 SP 12.5 Asphaltic Concrete 201-500 TN 191.88 $ 269.21 333-1 SP 12.5 Asphaltic Concrete 501-1000+ TN 143.43 $ 196.50 333-2 Asphaltic Concrete Tvpe "S-3" 20-200 TN 381.7 $ 535.53 333-2 Asphaltic Concrete Type "S-3" 201-500 TN 192.88 $ 270.61 333-3 Asphaltic Base Course 10-200 TN 381.7 $ 535.53 333-3 Asphaltic Base Course 201-500+ TN 192.88 $ 270.61 333-2 Asphaltic Concrete Tvpe "S-3" 501-1000+ TN 144.43 $ 197.S0 APM-001 Single Micro Surface 20-24 lbs 10,000 to 50,000 SY 2.34 $ 4.28 APM-001 Single Micro Surface 20-24 lbs 50,001 + SY 2.34 $ 4.28 APM-002 Double Micro Surface 30-34 lbs 10,000 to 50,000 SY 3.99 $ 6.47 APNI-002 Double Micro Surface 30-34 lbs 50,001 + SY 3.99 $ 6.47 APM-003 Single Chip Seal -#89 Granite 10,000 to 50,000 SY 2.42 $ 3.76 APM-003 Single Chip Seal -#89 Granite 50,001 + SY 2.42 $ 3.76 APM-004 Double Chip Seal - #57 �v/#89 Granite 10,000 to 50,000 SY 4.98 $ 6.58 APM-004 Double Chip Seal - #57 w/#89 Granite 50,001 + SY 4.98 $ 6.58 API.1-005 Full Depth Reclamation / 6"-9" 10,000 to 50,000 SY 6.9 $ 9.85 APM-005 Full Depth Reclamation /6"-9" 50,001 + SY 6.9 $ 9.74 APNI-006 Full Depth Reclamation /9-12 10,000 to 50,000 SY 6.9 $ 9.85 API%1-006 Full Depth Reclamation /9-12 50,001 + SY 6.9 $ 9.74 APM-006a Cement for Reclamation 1 TN 160 $ 231.00 APM-006b Emulsion for Reclamation I Gal 2 $ 2.92 APT-001 Crack Filling / Sealing 1-1000 Gal 20 $ 33.00 APT-001 Crack Filling / Sealing 1001-3000 Gal 20 $ 33.00 APT-001 Crack Filling / Sealing 3001+ Gal 20 $ 33.00 APT-002 Fog Seal I0,000-50,000 SY 0.52 $ 0.72 APT-002 Fog Seal 50,001+ SY 0.52 $ 0.72 APT-002 Fog Seal 1-500 Gal 3.55 $ 5.28 APT-002 Fog Seal 501+ Gal 3.55 $ 5.28 PR-001 Pavement Rejuvenator 10,000-50,000 SY No Bid PR-002 Pavement Rejuvenator 50,001+ SY No Bid Signature of Proposer Name Firm or Patnership 185 15PHALT DATE: 4/ 1/2024 _SYSTEMS i TO: FROM: Asphalt Paving Systems, Inc. City of Sebastian. Public Works Kris Shane -East Coast Florida Rep 1225 Main St 9021 Wire Road Sebastian, FL 32958 Zephyrhills, FL 33540 772-228-7013 Ph:813.480.186S RE: Project proposal 2022 Micro Surfacing and Cape Seal Product Description Units Quantity Unit Price Total Price Sumter County Contract Cape Seal SY 37,622.00 S 10.21 S 384,120.62 Crack Filling/Sealing GAL 1,000.00 $ 3S.00 S 3S,000.00 'Mastic Patch" Mobilization IS 0.50 S 3,500.00 S 1,750.00 MOT LS 4.00 S 750.00 S 3,000.00 6"Yellow Solid TnfficStripe (Paint) GM 0.21 S 3,864.00 S 811.44 6' White Solid Traffic Stripe (Paint) GM 0.11 S 3,910.00 S 430.10 12' Solid Tr2MC Stripe (Paint) LF 0.00 $ 4.83 S - 18' Solid Traffic Stripe (Paint) LF 0.00 S 7.25 S 24' Solid Traffic Stripe (Paint) LF 886.00 S 9.66 S 8,S58.76 White Message (Paint) EA 0.00 S 149.S0 S - WhiteArrow(Paint) EA 0.00 S 46.00 S 6' Yellow Solid Stripe/ Extru. Thermo. LF 0.21 S 6,325.00 S 1,328.2S 6' White Solid Stripe/ Extru. Thermo. LF 0.11 S 6,325.00 S 695.75 12' Solid Stripe/ Extra. Thermo. LF 0.00 S 6.04 S 18' Solid Stripe/ Extru. Thermo. LF 0.00 $ 7.25 $ 24" Solid Stripe/ Extru. Thermo. LF 886.00 S 12.08 S 10,702.88 White Message/ Extru. Thermo. EA 0.00 $ 241.S0 S White Arrow/ Extru. Thermo. EA 0.00 S 138.00 S - RPMS EA 54.00 S 7.00 S 378.00 '•2022 and 2023 preservation years to be completed at the same time - Total S 446,775.80 Respectfully Submitted. Accepted By: Asphalt Paving Systems, Inc. Signature: Zephyrhills, Florida c:813-480.1865 e: kshaneaps@gmall.com Date: • P„po..i .Id tw 30 d.y. Page 1 of 2 186 KS PROPk635b --IN -- Sebastian- 2022-M icro. Cape Seal -Var Rds- S"6K .-4-1-24.xls I TEN I STREET NAME 2022 Preservation Proiect Street list Moil TO LENf.Tt1 I Ninni I TOTYUNRs ( 11 MPTS CAPE SEAL- 2 set backs/ level at 135 CAPE SEAL- 1 set back/ level at 116 CAPE SEAL- 1 set back/ level at 140 and others CAPE SEAL- 1 set back/ level at ill CAPE SEAL- 1 set back/ level at 316/ heavy mastic CAPE SEAL- mastic in radius CAPE SEAL CAPE SEAL- 1 set back CAPE SEAL- level at 166 and others/ mastic and manholes CAPE SEAL- 1 set back/ level at 177 CAPE SEAL- 1 set back CAPE SEAL- 1 set back CAPE SEAL- CAPE SEAL- 1 set back/ level at 974, 946, and others CAPE SEAL. confirm limits with City ADMIRAL CIR SCHUMANN DR SCHUMANN DR 1,850 20 4,111.11 AETNA 5T SCHUMANN DR OSCEOLA AVE 990 20 2,200.00 CAPRI AV CAPRONA ST Schumann Dr 1,100 20 2,444.44 CAPRI AV Schumann Dr ENGLAR DR 845 20 1,877.78 DAHL AV SCHUMANN DR EMPRESS AVE 1,120 20 2.488.89 FLINT ST ADMIRAL CIR ADMIRAL CIR 740 20 1,644.44 MARSH ST DAHL AVE EMPRESS AVE 800 20 1,777.78 OSCEOLA AV DEAD END SCHUMANN DR 1.060 20 2.355.56 Caprona St S Easy St Englar Dr 2585 20 5.744.44 Empress Ave Caprona St Schumann Dr 1100 20 2,444.44 Empress Ave Schumann Dr DE 660 20 1.466.67 Englar Dr Schumann Dr Capri Ave 550 20 1,222.22 Ormond Ct Caprona St Empress Ave 1080 20 2,400.00 S Easy St Schumann Dr DE to City Limits 1350 20 3,000.00 Thunderbird Dr Schumann Dr PC at Park 1100 20 2,444.44 16.930.00 1 1 37 622 SPHALT AV/MG YS TEMS Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph: 813-480-1865 Page 2 of 2 187 ?:SPHALT AV/NG YSTEMS TO, City of Scbati- Pubiic W.ks 1215 Main St Sebaati,m FL 32938 772.22g-7013 RE Prolcn proposal 2022 Millingand Resurfacing Produrt Ucecnpnm: Sumter County Contract Spring Valley Are Milling W Evsting Asphalt 1.5' 51.95 AsphA.c Gmrete- 1.S Overlay Schuman0 or (Seg 1) Mllhng of Evsting Asphalt ./. 2' SP 9.S Asphaltic Co-- 1.5' Overlay Schumann Or (Seg 2) Milling of Evsting Asphalt ./. 2' SP 9.5 Asphaluc Concrete- 1.S' O-by Schumann or (Seg 3) Milling of Evsting Asphalt ./- Z' SP 9 S Asphaltir Cotierete- 1.5' O-lsy Schumann or Set Hacks (U.) Mllhng of Evsting Asphalt 1S- SP95Asphaltic Cottt c-1.5'(hrrlay Stbutcunu or Set Backs (West) Milling of Existing ASDh ilt 1.S- SP 9 S Asphaltic Concrete- IS' (heday Mublllranon MOT 6- Yellow Solid Traffic Strip, (fain 6' White Sehd Traffic Snipe (Paint 12' Solid Traffic Stripe (Paint) 18' Solid Traffic Stripe (Paint) 24' Sohd Traffic Stnpe (Paint) White klcssagc (Paint) Whit, Arrow (Paint) n Yullow Srdid Soipey Extra. Thermo. (: White Solld StrlW/ Eiviru. Thermo. 12-Sand Stri Pe/ F.xtm Thermo. IR' Snhd Stnpe/ E.- Thermo. I24' Solid Stripe/ Writ. Thermo %%ion, Message/ Ertru. Thermo. jWhite Arrow/ F+tns Thermo IRPMS I I I Respecllully Submitted Asphaft Pm+ng Syci ms. Inc. Zephyrhills, Flonda c: R13.4R0.1865 r kshanrapsgagmailrom Units SY IN SY TN SY TN SY TN SY TN Sy TN IS LS GM GM LF OF I! EA FA LF LF LF OF LF FA FA EA Page 3 of 2 DATE: 4/9/2024 FROM: Aaphalt Paring Systems. Inc. Kris Shane Fast Coast Florida Rep 9021 Wirt Road Zephyrhills, FL 33540 Ph: 813-480.186S Quantity Unit Price Total Price 3,00000 3 7.15 $ 21,450.00 25o.00 f 251.06 S 62,965.00 7.384.00 S 4,911 $ 36,846.16 610.00 S 108.29 S 114,056.90 7,384.00 S 4.99 S 36.846.16 61000 S 18829 $ 114.656.90 7384,00 S 4.99 S 36.846.16 610.00 S 18829 $ 114.856.90 825.00 S 13.7S S 11.343.75 70,00 $ 251.86 S 17,630-20 02S.110 S 13.75 $ 11.343,75 70.00 S 2SI86 S 17.630.20 20u S 3.50000 S 7,000.00 14.00 S 750.00 S 101500.00 3.15 S 1.8W On I S 12.171.60 3.00 S 3,1110.00 I S 12.042,80 204.4t0 S 4.83 I S 985.32 160.00 S 7.25 I S 1.160.00 22H 00 $ 9.66 S 2,202.48 0.00 1 149.50 I S - 3ou 3 46.00 I S 13BOO 3.15 f 6.325.00 I S 19,923.75 3.08 I S 6.325.00 I S 19,401.00 204 Ou I S 6.04 I S 1,232.16 160.00 I S 7.25 I S 1,160.00 2213.00 I S 1208.I S 2.754,24 am IS 241.SoIS - 3.00 I $ 13890 I S 414.00 46600 I S I 7.00 I S I 3,262.00 I I I I Tmal I S 691,899.43 Ac:epte0 By S 0nature Dete 188 . , 1 ,-'..c —IN — Sebastian 2022-Var Rds- $691K—4-9.24.xls 2022 Mill/Overlay Project Street list ITl:N STREET NAME FROM - -_�-TO LFAGT'll I 'AIDTII I TOTALUNITS COMMENTS 1.5` M/O 2- h1/0 115 �j P'' 1(ro S t E,( Spring Valley Ave PC South of Crawford DR DE north of Mabry St 1350 20 3,000.00 Schumann Dr Barber St Beach Ln At Barber 5D0 37 2,055.56 6850 25 19,027.78 at Beach Ln 2D0 48 1,066.67 Set backs at school x3 445.0E Side street set backs x12 1,200.00 Skip section at canal north of school approx 250' I I R,9oo.00 26,795 SP"ALT ,4 V/NG YS TBMS Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813-480-1865 Page 2M2 189 �!SPHALT DATE: 4/1/2024 �T;q wz VG YSTEMS TO: FROM: Asphalt Paving Systems, Inc. City of Sebastian- Public Works Kris Shane -East Coast Florida Rep 1225 Main St 9021 Wire Road Sebastian, FL 32958 Zephyrhills, FL 33540 772-228-7013 Ph:813-480-1865 RE: Project proposal 2023 Cape Seal Product Description Units Quantity Unit Price Total Price Sumter County Contract Cape Seal SY 21,200.00 S 10.21 $ 216,452.00 Crack Filling/Sealing GAL 900.00 $ 35.00 $ 31,500.00 'Mastic Patch - Mobilization IS 0.50 S 3,500.00 $ 1,750.00 MOT IS 3.00 $ 750.00 $ 2,250.00 6" Yellow Solid Traffic Stripe (Paint) GM 0.16 $ 3,864.00 $ 618.24 6' White Solid Traffic Stripe (Paint) GM 0.14 $ 3,910.00 S 547.40 12" Solid Traffic Stripe (Paint) LF 0.00 S 4.83 S 18" Solid Traffic Stripe (Paint) LF 0.00 S 7.25 S 24" Solid Traffic Stripe (Paint) LF 75.00 S 9.66 S 724.50 White Message (Paint) EA 5.00 $ 149.50 $ 747.50 IWhiteArrow (Paint) EA 7.00 I $ 46.00 $ 322.00 16" Yellow Solid Stripe/ Extru. Thermo. I LF I 0.16 I I S 6,325.00 I S 1,012.00 16" White Solid Stripe/ Extra. Thermo. I LF I 0.14 I $ 6,325.00 I $ 885.50 112" Solid Stripe/ Extru. Thermo. I LF I 0.00 Ij $ 6.04 I $ - I18" Solid Stripe/ Extru. Thermo. I LF I 0.00 I $ 7.25 I $ 124- Solid Stripe/ Extru. Thermo. I LF I 7S.00 I S 12.08 I S 906.00 White Message/ Extru. Thermo. I EA I 5.00 I S 24150 I $ 1,207.50 White Arrow/ Extru. Thermo. I EA Ij 7.00 I S 138.00 $ 966.00 IRPMS EA I 48.00 I $ 7.00 $ 336.00 I'•2022 and 2023 preservation years to be completed at the same time - I Total I $ 260,224.64 Respectfully Submitted. Accepted By Asphalt Paving Systems, Inc. Signature: Zephyrhills. Florida c: 813.480-1865 e: kshaneapsC@gmail.com Date: Plo .N v.hd for 30 d., Page 1 of 2 190 KS PROP4634b —IN — Sebastian-2023-Micro-Cape Seal -Var Rds- $260K—4-1-24.xls 2023 Preservation Project Street list ITEM 1 STREET NAME FRAM J TO LENgq) I WIDTH ! TOTAIU!rS WIMBROW DR IDel Monte Rd PC ISebastian Blvd >>iSPHALT �:OV/NG iYSTEMS qq,M ENTS 7,950 24 21,200.00 CAPE SEAL/ Isolated leveling/ EOP Mastic 7,950.00 21,200 Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813-480-1865 Page 2 of 2 191 .-C M.4Li -A DATE: 4/l/2024 i4V/NG YSTEMS TO: FROM: Asphalt I'as•Ing Syllems, Inc. Cit3 of Seba.lisn- Public Work, Kris Shane -East Coact Flnrida Rep 1225 Alain St 9021 Wire Road Sebastian, FL 32958 Zephyrhllls, Fl, 33540 772.228.7013 Ph. 813.400-1865 RE: Project prop -A 2023 Milling and He ... 1-ing P-duct 0-rlplion Units Quantity Unit Price Total Price Sumter C,un ty Contract Daxlr St Milling of F-I'rg mphlt I.5" SY 3.198.00 1 -As S 22.86570 SP9.S Asphaltic Consrrt,. I.5'0eerlay TN' 265k() S 251.86 S 66.742.90 ItIIe-,II Milling of Exio it Asphalt l.S" SY 320.00 S 7.15 S 2.208.00 SP 9.5 AspUnc C.-etc-1.5'Med,ty TN 28,00 1 251.06 S 7,052.08 ...•^' ct Milling of W.ting Asphalt 1.5" SY 2,173.00 S 7.15 S IS.S36.9S SP9.S Aspha111c Co.-,, 1.5-4heriay TN 180.00 1 25106 S 45334.80 C,,I,i A, MJling,f F.xhbng Asphlt l.S' SY 4.296,00 1 425 $ 39.465.50 SP 9.5 Asphaltic C.-I, 1.5'0-Uy TN 770.00 1 188:9 S 144.98330 Faith Ter Milling of Exl.ling Asph.tll 1.5" SY 4.356.00 S 7,15 S 31,145.40 SP9.S Asphaltic Concrete. 1.5' 1-dity TN 360.00 1 25106 S 90,669.60 Del Monte Rd Milling ul FlsUng Asphalt 1.5- SY 9,478.00 S 4.25 S 40.281.50 SP 9.5 Acphltic Concrete- 1.S'Oeerlay TN 782.00 1 In-29 S 147,242.78 M.1.1-1a on IS 6,00 S 3.500.00 S 21.000.00 MOT IS 12,00 1 7S0.00 S 9.000,00 6' Yell- S,Ild T.flic Stripe (Noll GM ISB S 1864.00 S 6,105.12 6' While Solid Tnfle Stripe(Paln1) CM 0.30 S 3,91000 S 1,173.00 12- Solid Traffic Strip, (Niel) LF 450.00 S 4.03 S 2,173.50 18' Sobd T.M., Stripe(Pamt) Lr 0.00 S 1.25 S - 24'SohdTr40icSo,pe(Pamt) LF 43000 S 9.66 S 4.1S3.80 White M-ge(Pa1ni) E4 2.00 S 149.50 S 299.00 White Am.(Pamt) Fit 2.00 S 4600 S 92.00 6'Ye11,se S,Ild Sort"/Ftm Thermo. LF 158 S 6,325.00 S 9,993.50 6- Whne Solid Stripe/F.ctm. Thermo. LF 030 S 6.325.00 S 1.897.50 12-S,hd Stripe/F.xtru. The- I.F 450.00 S 6.04 S 2.718.00 18'Suhd Stripe/Ixtm. lltermo. LF 0.00 S 7.25 S 24'SOld Stripe/Fine. Them., LF 430.00 1 12.08 S 5,194.40 While Message/ Extm. Therm,. EA 2.00 1 241.50 S 483.00 White Am./Extru Therm,. E4 200 1 138.00 $ 276.On RPMS FA 265.o0 S 700 S I,855.00 Total S 720,022.33 Respectfully Submitted, Accepted By Asphok P9x1ng Syo'o r, Inc S�Oneture 2ephyrhtlb, Flollda c: 813.480-186S e: UhaneapsVgmail- Dew • rests. re a ton,. Page 1 of 2 192 KS PROP#630b —IN -- Sebastian 2023-Var Rds- $720K--4-1.24.xis 2023 Mill/Overlay Project Street list ITFM I STRXX1' NAME FROM I TO I LF:NGrII H'IDTII TOTAL UNITSCOMMENTS - .. . Limits?? How far do we come out toUSI Gutters paved into -how to handle?. Limits??? "itv to trim brush I-imits??7How far out toUS!?? I.;" Davis St USl DE 375 21 975.00 1.5" Davis St U51 Indian River Dr 950 22 2,322.22 1.5" Faith Ter 5 Wimbrow Dr Del Monte Rd 1960 20 4,355,56 1.5" Jefferson St NCentral Ave USI 90 32 320.00 1.5" N Central Ave US1 DE to City Limits 820 30 2,733.33 1.5" Lousiana Ave Sebastian Blvd DE 420 16 746.67 440 22 1,075.56 Culdesac 350.00 1.5" NCentral Ave U51 DE to City Limits 2680 22 6,551.11 1.5" Del Monte Rd S Wimbrow Dr S Wimbrow Dr 4265 20 9,477.78 t2,nun.uo 28,807 SPHLJ L T � YS TEMS Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhllls, FL 33540 Ph: 813-480-1865 Page 2 of 2 193 SEBASTIAN (TNTTNNIAI (TlT6RATI0N 1914.1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: Approve purchase order for Asphalt Paving Systems, Inc. to complete Schumann Trail Resurfacing. Recommendation: Staff recommends City Council approval of a purchase order for $85,571.40 to fund resurfacing of Schumann Trail and authorization for the City Manager or designee to execute. Background: In conjunction with the 2022 roadway repaving and rehabilitation, the Schumann Trail asphalt sidewalk requires a complete resurfacing as it is beyond its life expectancy. Schumann Trail's 1.5 mile section of asphalt sidewalk must be milled where needed and resurfaced with asphalt. Staff determined the City of Sebastian's piggyback of Sumter County's contract with Asphalt Paving systems was the best option. If Council approves staff's request to piggyback Sumter County's contract for roadway paving and rehabilitation, Staff is requesting approval to use the piggyback agreement to complete the resurfacing of Schumann Trail and for authorization for the City Manager or designee to execute. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $75,000 Total Cost: $85,571.40 Funds to Be Utilized for Appropriation: General Fund sidewalk budget & General Fund Reserves Attachments: 1. Asphalt Paving Systems, Inc. Schumann Trail Quote 2. 45-0-2023 ITB City of Sebastian Piggyback Agreement Administrative Services Department Review:-dn"— V City Attorney Review: Procurement Division Review, if applicable: i City Manager Authorization: Date: Ll/ 1712 0a y 194 OF 5 E B,qS �i �2 0 Z v4 PELICP\*' CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of FIND Resolution R-25-09 for a Florida Inland Navigation District grant for the expansion of the Working Waterfront District, providing matching SUBJECT funding and authority to the Mayor and City Manager or designee to execute EXECUTIVE SUMMARY In accordance with the City's Strategic Goals of quality of life, preserving our hometown feel and coastal charm and improving organizational efficiency, Staff is requesting approval of FIND Resolution R-25- 09 in order to submit a grant application to the Florida Inland Navigation District for the expansion of the Working Waterfront District through the acquisition of the Sembler Property. This Grant would fund 50% of the acquisition cost which is currently estimated to be $1,500,00.00. The City or other grants would be needed in order to fund the other remaining half of the cost in the amount of $750,000.00. Staff has also applied to Florida Communities Trust program to assist with acquisition of the property. RECOMMENDATION 1. Consider adoption of a FIND Resolution R-25-09 with Florida Inland Navigation District for a grant for the Sembler property. 2. Authorize Staff to apply for a Florida Inland Navigation District grant for acquisition of the Sembler property in the amount of $750,000.00. 3. Provide matching funding in the amount of $750,000.00 through City or other grant funding. 4. Provide authorization to the Mayor and the City Manager or designee to execute all necessary documents. ATTACHMENTS: 1. FIND Resolution R-25-09 2. Aerial view of the Sembler Property -1528 Indian River Drive FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $1,500,000.00 $1,500,000.00 Find Grant 50% ($750,000.00) City (OP 106) and/or FCT 50% ($750,000.00) Additional Funds Needed: $ 0.00 195 ATTACHMENT E-5 RESOLUTION FOR ASSISTANCE 2025 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Sebastian is interested in carrying out the (Name ofAgency) following described project for the enjoyment of the citizenry of The City Of Sebastian and the State of Florida: Project Title Working Waterfront Expansion Total Estimated Cost $ $ 1 ' 500 , 000 Brief Description of Project: Land acquisition for expansion of Working Waterfront district. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Sebastian (Name ofAgency) that the project described above be authorized, AND, be it further resolved that said City of Sebastian (Name ofAgency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said City of Sebastian (Name ofAgency) AND, be it further resolved by the City of Sebastian (Name ofAgency) that it certifies to the following: That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 196 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Sebastian for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Sebastian City Council at a legal meeting (Agency Governing Board) held on this day of 20 Attest Title (2) Signature Title Form No. 25-30, Rule 66B-2 (Executed Date: xx-xx-xx) 197 The foregoing Resolution was moved for adoption by Council Member . Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Kelly Dixon Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of March, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney `LN CITY OF SEBASTIAN A� V OF 5 E B,qs �I '92 Z Q' �FPELIoP EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Barbara Brooke -Reese, MIS Director Consideration of a purchase order for Motorola SUBJECT Solutions, Inc. in the amount of $92,238 to provide public safety communications The City of Sebastian Management Information Systems (MIS) Department is seeking City Council approval of this item to provide public safety communications. In order to proceed with this project, Staff is seeking authorization for the City Manager or designee to execute a piggyback agreement with Motorola Solutions, Inc. (Motorola). Motorola has a cooperative agreement under Sourcewell for public safety communications. Cooperative purchasing, or utilization of existing government contracts, guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the State of Florida procurement statutes and the City's Code of Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to Sebastian's procurement process. Currently, staff has determined that the recommended vendors are the most advantageous for meeting the City's needs. Staff is seeking approval to purchase public safety communications and authorization for the City Manager or designee to execute any necessary documents. RECOMMENDATION Staff requests that the City Council approve a purchase order for Motorola Solutions, Inc. in the amount of $92,238 to provide public safety communications. ATTACHMENTS: 1. Resolution R-25-11 2. Piggyback Agreement 3. Motorola Solutions Sourcewell Agreement 4. Procurement Justification 5. Motorola Quote FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source $92,238 $92,238 Discretionary Sales Tax Project #A2504 Additional Funds Needed: $ 0.00 200 RESOLUTION NO. R-25-11 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH SHENANDOAH GENERAL CONSTRUCTION, LLC FOR PUBLIC SAFETY COMMUNICATIONS AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HERE OF AS "EXHIBIT A."; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county, or other governmental agencies; and WHEREAS, Motorola Solutions, Inc. has an existing contract under Sourcewell, effective through June 23, 2025, see attached "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the above -referenced public safety communications; and WHEREAS, the City finds it in its best interest to enter into an agreement to contract between Motorola Solutions, Inc., and Sourcewell (see attached "Exhibit B") for public safety communications when advantageous to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue purchase orders to Motorola Solutions, Inc. in an amount not to exceed $25,000.00, for public safety communications in substantial conformity with the agreement attached hereto as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. 201 SECTION 4. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor McPartlan Vice Mayor Jones Council Member Dixon Council Member Dodd Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2025. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA ATTEST: Bob McPartlan, Mayor Approved as to form and Legality: Jeanette Williams, City Clerk Jennifer Cockcroft, Esq., City Attorney oil 202 PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND MOTOROLA SOLUTIONS, INC. THIS AGREEMENT is made and entered into on , 2025 by the City of Sebastian, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and Motorola, Solutions, Inc., (hereinafter "VENDOR"). WHEREAS, Sourcewell has previously entered into a contract with Vendor to provide public safety communications on July 4, 2021 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by Sourcewell to provide public safety communications and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter- governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by Sourcewell is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall expire on June 23, 2025. 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between Sourcewell and Vendor referenced above will be applicable to this agreement unless specified herein. Procurement (Rev. 06/2024) Page I of 4 203 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: Motorola Solutions, Inc. 4. PUBLIC RECORDS CITY OF SEBASTIAN: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388- 8215 OR EMAIL JWILLIAMSOa CITYOFSEBASTIAN.ORG CITY OF SEBASTIAN,1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 5. Vendor agrees to comely with public records laws, snecifical1v to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. Procurement (Rev. 06/2024) Page 2 of 4 204 IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST: ATTEST: Jeanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. Jennifer D. Cockcroft, Esq. City Attorney Procurement (Rev. 06/2024) Motorola Solutions, Inc. Date: CITY OF SEBASTIAN, FL Lo Brian Benton, City Manager Date: Page 3 of 4 205 EXHIBIT A #042021-MOT Motorola Solutions, Inc. Sourcewell Agreement Procurement (Rev. 06/2024) Page 4 of 4 206 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT Sourcewell Solicitation Number: RFP #042021 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Motorola Solutions, Inc., 500 W. Monroe, Chicago, IL 60661 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Communications Technology and Hardware Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires June 23, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 207 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warranties for Equipment, Products, and Services furnished are set forth in Vendor's then -current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Rev. 10/2020 208 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Freight, title and risk of loss terms will be as set forth in Vendor's then -current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 10/2020 209 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract in the United States. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Rev. 10/2020 210 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Vendor will require the use of Vendor's then -current Communication, Systems & Services Agreement ("CCSA") and Exhibits, Subscription Services Addendum ("SSA"), Maintenance and Support Addendum ("MSA"), and Telecommunication Carrier Addendums ("TCA"). Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity, after receipt of notice from Sourcewell or the Participating Entity, and fails to correct such breach within thirty days. In the event of termination under this subsection 6. D., the Participating Entity will remain liable for contract amounts due and attributable to Equipment, Products, and Services delivered or performed on or before the date of the termination. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. Rev. 10/2020 211 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not Rev. 10/2020 0 212 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. Rev. 10/2020 213 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 4WI/_\311111 1 Vendor must indemnify, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees. Sourcewell will provide prompt written notice to Vendor of any claim or suit, and will cooperate with Vendor in its defense or settlement of the claim or suit. Vendor's maximum liability for damages caused by failure to perform its obligations under this Contract is limited to proven direct damages for all claims arising out of this Contract not to exceed the total net payments of Administrative Fees paid under any twenty-four (24) month period during the Term. Vendor's indemnification obligations under the Contract are excluded from this provision. VENDOR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. Vendor's obligations to indemnify or hold harmless Participating Entities will be as set forth in Vendor's Communication, Systems & Services Agreement. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. Rev. 10/2020 214 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective Sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable United States patent or copyright laws. Vendor's obligations to indemnify or hold harmless Participating Entities for intellectual property infringement will be as set forth in Vendor's then -current Communication, Systems & Services Agreement. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all Rev. 10/2020 215 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Rev. 10/2020 10 216 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default (unless a force majeure causes the default): 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a 30 day opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance in accordance with the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts listed below: Limits: $1,000,000 each accident for bodily injury by accident $1,000,000 policy limit for bodily injury by disease $1,000,000 each employee for bodily injury by disease Rev. 10/2020 11 217 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Limits: $3,000,000 each occurrence Bodily Injury and Property Damage $3,000,000 Personal and Advertising Injury $5,000,000 aggregate for Products -Completed operations $5,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. Limits: $2,000,000 each accident, combined single limit 4. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. Rev. 10/2020 12 218 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) its workers compensation, commercial general liability, and automobile liability insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the workers compensation, commercial general liability, and automobile liability insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian Rev. 10/2020 13 219 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that Rev. 10/2020 14 220 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. Intentionally Omitted. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for Rev. 10/2020 15 221 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a Rev. 10/2020 16 222 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 042021-MOT satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell EDocuSigned by: y 5(6�� COFD2A739D06489... By: Jeremy Schwartz Title: Chief Procurement Officer 7/3/2021 1 8:47 AM CDT Date: Approved: DocuSigned by: l 7E42B8F817A64CC... By: Chad Coauette Title: Executive Director/CEO 7/4/2021 1 6:43 PM CDT Date: Rev. 10/2020 Motorola Solutions, Inc. DocuSigned by: h^�Lj& BCC52DFA8464445... By: Carrie Hemmen Title: MSSSI Territory Vice President & Director of Sales 7/2/2021 1 3:56 PM CDT Date: 17 223 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 RFP 042021 - Public Safety Communications Technology and Hardware Solutions Vendor Details Company Name: Motorola Solutions, Inc. 500 W Monroe St Address: Ste 4400 Chicago, IL 60661 Contact: Lane Feingold Email: lane.feingold@motorolasolutions.com Phone: 720-338-7624 HST#: 36-1115800 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address Tuesday March 30, 2021 21:05:37 Tuesday April 20, 2021 12:23:07 Lane Feingold lane.feingold@motorolasolutions.com a493650e-28b5-493e-a 11 e-7305bc7e532a 140.101.167.250 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, It 224 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Question Item Response* 1 Proposer Legal Name (and Motorola Solutions, Inc. applicable d/b/a, if any): 2 Proposer Address: 500 W. Monroe, Chicago IL 60661 3 Proposer website address: https://www.motorolasolutions.com/ 4 Proposer's Authorized Repre�name, title, addre CC ��fflfl ��( address & phone) (The repr�entpt've must have authority {� Sigli�Tte "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this proposal (name, title, address, email address & phone): Carrie Hemmen Territory Vice President & Director of Sales 500 W. Monroe, Chicago IL 60661 carrie.hemmgQgfnotorolasolutions.com 602-319-2355 Lane Feingold Senior Account Manager 7237 Church Ranch Blvd, Ste 406 Westminster, CO 80021 lane.feingold@motorolasolutions.com 720-338-7624 Proposer's other contacts for this Tracy Loudenslager proposal, if any (name, title, MSSSI Vice President and Director, U.S. Federal Government Market Channels & Sales address, email address & phone): Q,gejgrp tracy.loudenslager@motorolasolutions.com 10- 2- 143 Joe Fick Seegnioff��r Account Manager g1951f,3�?3�3rol asolutions. com Table 2: Company Information and Financial Strength Line Question Response* Item Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 225 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Provide a brief history of your company, Motorola Solutions is a global leader in mission -critical communications. Our including your company's core values, technology platforms in communications, command center software, video security & business philosophy, and industry longevity analytics, and managed & support services make cities safer and help communities related to the requested equipment, products and businesses thrive. Motorola Solutions has created the first and only mission or services. critical ecosystem built for Public Safety and Enterprise. Our mission is to never stop advancing that lifeline. We have a rich history of firsts, including pioneering mobile communications in the 1930s, creating the technology that carried the first words from the moon in 1969, developing the first commercial handheld cellular phone in 1983 and revolutionizing public safety communications with the launch of smart radio, APX NEXT and public safety virtual assistant, ViQi in 2019. Today, our employees are committed to designing and delivering the solutions our customers refer to as their lifeline. At Motorola Solutions, we are ushering in a new era in public safety and security. For more than 90 years, Motorola Solutions has demonstrated our stability and commitment to public safety. With more than 800 P25 deployments across North America, we are the partner of choice for large-scale emergency radio networks around the continent. And with a growing portfolio of devices, applications, and services designed to increase the safety and efficiency of first responders, we are now firmly established at the leading edge of mission critical communications. In the United States, Motorola is responsible for the deployment of 36 state-wide mission critical radio networks, as well as hundreds of county -wide systems and municipality systems across the country. What are your company's expectations in the If awarded, Motorola Solutions expects to utilize this contract with may of our event of an award? customers to allow them to purchase equipment and services without going to bid. 9 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the solutions that you are proposing? You can find our Quarterly Earning and other financial information at https:Hinvestors. motorolasolutions.com/earnings-sec-filings/QuarterlyResults/default.aspx. Motorola Solutions Annual reports from 2010 to the present can be found here: hftp://investors.motorolasolutions.com/AnnuaIReports "Motorola Solutions ("Motorola") is a publicly traded company (NYSE - MSI) with billions of dollars in annual sales globally, employing thousands of workers worldwide, and having tens of thousands of shareholders. Such inquiries may be subject to confidentiality rules, whereby disclosure is prohibited. As a publicly traded company, Motorola files an annual report Form 10-K with the SEC and describes therein certain information that is material for disclosure under SEC rules. Our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q can be found at www.sec.gov or on our website, https://investors.motorolasolutions.com/earnings-sec- filings/QuarterlyResults/default.aspx" 11 What is your Canadian market share for the We are not including Canada as a part of this RFP Response. solutions that you are proposing? 12 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals Motorola Solutions, Inc. ("Motorola") is a Fortune 500 company that is publicly traded on the New York Stock Exchange employing thousands of workers worldwide. As is normal for such companies, Motorola and its subsidiaries do not maintain centrally located records that would allow it to answer the question as written. However, Motorola, Inc. has never filed a petition in bankruptcy, nor taken any action with respect to receivership, moratorium, or assignment for the benefit of creditors. As a publicly traded company, Motorola files an annual report Form 10-K with the SEC and describes certain material for disclosure under SEC rules. Motorola's most recent 10-K report can be found at: http://investors.motorolasolutions.com/Docs Motorola Solutions is a manufacturer as well as a service provider. From a sales perspective, we have a direct sales force of over 200 people across the United States as well as Manufacturer Representatives throughout the United States. The Manufacturers Representative (MR) program is designed to improve Motorola Solutions market reach and account coverage by leveraging a single integrated distribution strategy to combine MST's Go -to Market Resources with those of our MR Partners so as to deliver unparalleled value and ease of doing business to our Customers. The Motorola Field Team designates the accounts, develops or approves the strategy for the account, determines the products to be offered, and establishes the selling or contract price. The business is transacted in Motorola's name allowing the utilization of State and Local Purchasing contracts and sole source procurements and combines high touch customer consultation with ease of doing business all for the benefit of our Customers. The Manufacturer's Representative (MR) Sales Program requires it's representatives to complete necessary training to ensure that our MRs are familiar with our products and how those products fit within the needs of our customers. Manufacturer's Representatives (MRs) serve as an extension of the MSI direct account sales team Bid Number: RFP 042021 Vendor Name: Motorola Solutions, It 226 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 your employees, or the employees of a third and perform sales functions on behalf of Motorola. Sales facilitated by MRs are party? considered MSI sales; the end customer would issue a purchase order to Motorola. Likewise for service, we utilize the Field Service Organization (FSO) within Motorola Solutions as well as our certified Motorola Service Partners. Motorola's technical experts have the most cumulative years of experience in the industry, with over 1,000 years of current experience. The Field Services Organization (FSO) is a nationwide organization of over 500 trained and certified Motorola technicians. They are responsible for the sustainment of our government and commercial LMR systems and related applications. FSO provides onsite support, preventative maintenance and 24X7 support. They support our customers by providing best in class, highly qualified and trained service delivery. From the Service Shop perspective, Motorola has over 450 registered service locations across the United States and our collective service presence remains significant in the industry. The Motorola Servicer Program is designed to recognize and reward a Servicer's level of commitment and investment in the quality of service provided to our customers. The Servicer program is founded on Motorola's key values and expectations from our Servicers. Members of the Service Partner Program are required to meet a number of requirements to be admitted into the Motorola Service Partner Program. Depending on the service partner level, each service partner is required to have individuals in their company with the following training and certifications: 1. CET certification, Associates Degree in Electronics Engineering Technology, or equivalent 2. Motorola R56 Certification 3. Motorola Service Specialist Program (Technical Associate) Certification: The Service Specialist Certification Program includes a wide selection of classes from our comprehensive technical training portfolio and includes the following certification and underlying training courses: P25 System Technical Associate Certification ASTRO 25® Subscriber Portfolio Overview ASTRO 250 IV&D System Overview Introduction to R56 Basic Radio 4. Motorola Service Specialist Technical Certification: This certification includes the following certifications which also include a wide selection of classes from our comprehensive technical training portfolio that must be completed to achieve these certifications. APX Subscriber Technical Associate Certification MCC7000 Console Maintenance Certification ASTRO 250 Repeater Site Lifecycle Maintenance Certification ASTRO 25® Simulcast Site Lifecycle Maintenance Certification ASTRO 25® Master Site Lifecycle Maintenance Certification The Motorola specific training consists of a combination of both online and instructor led training. The instructor led training includes lab work where the technician gets hands on experience with our equipment. Once the training course has been completed, the technician is required to pass the corresponding course exam and the certification lasts for 2 years. After the 2 year period, the technician will need to recertify to keep their certification current. Please note that all technicians must also be certified in the underlying technology for the systems they support. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, It 227 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 14 If applicable, provide a detailed explanation Personnel who would support the equipment and implementation in support of Public outlining the licenses and certifications that Safety Communication system infrastructure products and radios would include are both required to be held, and actually Project Managers, Engineers, System Technologists, Field Service Engineers, held, by your organization (including third Service Delivery Managers, the System Support Center, and other specialized staff parties and subcontractors that you use) in depending on the scope of the project. Motorola Solutions has a full training pursuit of the business contemplated by this curriculum as a requirement for each role. RFP. Motorola tracks the following training and certifications for the staff tasked with supporting our Public Safety infrastructure in the Feld: Training Classes to Track: Antenna System Analysis (SRV2012) Astro Ethernet Testing Astro Networking I Astro Firewalls/CEN End -to -End Audio Link Verification LMR Master Basics Network+ Bootcamp Passive Intermodulation R56 Installer/Auditor (NST9257) Security+ Bootcamp Signal Investigation Techniques CompTIA Certifications: CompTIA Network+ CompTIA Secuity+ ETA Certifications: Antenna System Analysis (ASA) APX Radio Technician (APX) Associate (CETa) Astro 25 RF Site Preventative Maintenance (A25-SPM) Certified Service Manager (CSM) Communication Site Inspector / Auditor (CSIA) Communication Site Installer (R56) Computer Service Technician (CST) Customer Service Specialist (CSS) Data Cabling Installer (DCI) Industrial Electronics (IND) Information Technology Security (ITS) General Communications Technician I (GCT1) General Communications Technician II (GCT2) GTR 8000 P25 RF Site Performance Verification (GTR-SPV) GTR 8000 Repeater Site Technician (GTT) Master CET (CETma) Master Specialty (CETms(RF or IT)) M Core Technician (MCT 7.x) Microwave Radio Technician (MRT) Mobile Communications and Electronics Installer (MCEI) Network Computer Technician (NCT) Network Systems Technician (NST) PIM RADAR (RAD) RF Signal Investigation Techniques (RFSIT) T1 Link Verification (T1 LV) Telecommunications (TCM) Wireless (USMSS/TRN/WCN) Wireless Network Technician (WNT) 15 Provide all "Suspension or Debarment' Motorola Solutions, Inc. ("Motorola") asserts that, to the best of its knowledge and information that has applied to your belief, that presently, and for the last fifteen (15) years, neither it, its subsidiaries, organization during the past ten years. nor their principals are or have been debarred or suspended from covered transactions by any government entity. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 228 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 3: Industry Recognition & Marketplace Success Line Question Response' Item 16 Describe any relevant industry awards or Company: recognition that your company has received Around the world, Motorola Solutions has been consistently recognized for our in the past five years technology leadership and business strength. Fortune World's Most Admired Companies, Network and Other Communications Equipment, 2021 The Wall Street Journal Management Top 250, No. 108, 2020 Bloomberg 50 Companies to Watch in 2020, 2019 Government Technology GovTech 100, 2021 Employer: We've been consistently recognized for our commitment to inclusion and diversity, as well as providing fair working conditions for our employees. Forbes America's Best Large Employers, 2021 FlexJobs Top 100 Companies to Watch for Remote Jobs, 2021 Built In 100 Best Large Companies to Work For, 2021 Built In Chicago 100 Best Places to Work in Chicago, 2021 Human Rights Campaign Corporate Equality Index, 2021 ComputerWorld Best Places to Work in IT, 2020 Fast Company's 100 Best Workplaces for Innovators, 2020 Forbes America's Best Employers for Diversity, 2020 Disability Equality Index Best Places to Work, 2020 Bloomberg Gender Equality Index, 2019 WayUp Top 100 U.S. Internship Programs, 2019 Corporate Responsibility: We've been recognized for our leadership in corporate responsibility, including programs focused on the environment, governance, supply chain and community commitment. Barron's 100 Most Sustainable Companies, No. 19, 2020 Newsweek America's Most Responsible Companies, 2021 The Wall Street Journal Top 100 Most Sustainably Managed Companies in the World, No. 27, 2020 Innovation: Our products and solutions are consistently recognized for excellence in design. To date, we've earned more than 90 awards for distinction in innovation. Fast Company's Most Creative People in Business 2020, Paul Steinberg for APX NEXT APX NEXT digital launch named as a finalist in Fast Company's Innovation by Design Awards User Experience Category, 2020 iF Design Award, 20 awards since 2009 Red Dot Design Award, 19 awards since 2008 Australia Good Design Award, 19 awards since 2009 Japan Good Design Award, 3 awards since 2014 International Design Excellence Awards, 14 awards since 1996 Chicago Athenaeum Good Design Awards, 5 awards since 2014 https://www. motorolasolutions.com/en_us/about/company-overview/recogn ition. html Bid Number: RFP 042021 Vendor Name: Motorola Solutions, It 229 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 1 r what percentage of your sales are to the ,governmental sector in the past three years "Motorola Solutions is a global leader in mission critical communications and analytics. Our technologies in Land Mobile Radio Mission Critical Communications (""LMR"" or ""LMR Mission Critical Communications""), bolstered by managed and support services, make communities safer and help businesses stay productive and secure. We serve more than 100,000 public safety and commercial customers in over 100 countries, providing "purpose-built" solutions designed for their unique needs, and we have a rich heritage of innovation focusing on advancing global safety for more than 90 years. We serve government agencies, state and local public safety agencies, as well as a,) ...... a.U.bl and industrial r, j�J�] Our customer base is fragmented and yyyy/Id�g�rgg� when considerir :"(� MI./My levels of goyery epjal and first -responder dc� -is(tTn-15i�kers that procure and use our products aril tePVices. Serving this global customer base spanning federal, state, county, province, territory, municipal, and departmental independent bodies, along with our (� ��g/ ) and industrial ,rr, requires a significant go-to-marke41V ,g �P l.l)� r(lll�I customers are t U.S., y 1p�1qp� (through multiple �gfrpil"I I various brig e��SS and agencies, inclu l m tli� timed services) arlk r1 IIL Office I the tfnii��K hgdom, representing approximately 9% and 8% of our consolidated iet sales in 2020, respectively. Our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q can be found at www.sec.gov or on our website, iffos://investors. motorolasol utions. com/earnings-sec-fi I ings/QuarterlyResults/defau It. aspx" 18 What percentage of your sales are to the "Motorola Solutions is a global leader in mission critical communications and education sector in the past three years analytics. Our technologies in Land Mobile Radio Mission Critical Communications (""LMR"" or ""LMR Mission Critical Communications""), bolstered by managed and support services, make communities safer and help businesses stay productive and secure. We serve more than 100,000 public safety and commercial customers in over 100 countries, providing "purpose-built" solutions designed for their unique needs, and we have a rich heritage of innovation focusing on advancing global safety for more than 90 years. We serve government agencies, state and local public safety agencies, as well as commercial and industrial customers. Our customer base is fragmented and widespread when considering the many levels of governmental and first -responder decision -makers that procure and use our products and services. Serving this global customer base spanning federal, state, county, province, territory, municipal, and departmental independent bodies, along with our commercial and industrial customers, requires a significant go -to -market investment. Our largest customers are the U.S. government (through multiple contracts with its various branches and agencies, including the armed services) and the Home Office of the United Kingdom, representing approximately 9% and 8% of our consolidated net sales in 2020, respectively. Our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q can be found at www.sec.gov or on our website, https:Hi nvestors. motorolasol utions. com/earnings-sec-fi I i ngs/Qu a rterlyResu Its/defau It. aspx" 19 List any state, provincial, or cooperative Motorola Wulj�ns �� y,9,o�s state contracts and !��I.QnwM"t5 frame agr��rpgpPj , purchasing contracts that you hold. What is \ Houston -Gal Nis on a CbUnc ( lH-GAC) and NASPU awe int (NVP) to our the annual sales volume for each of these top valued frame agreements. contracts over the past three years? 20 List any GSA contracts or Standing Offers Motorola Solutions does not have a direct GSA contract for Radio Products. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Hennepin County, MN City of New Orleans, LA City of Aurora, CO Contact Name * Sheriff David Hutchinson Ross Belirnpois Tracey Kent Phone Number* 612-348-3744 504-658-3930 303-326-8182 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 230 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. State / Dollar Volume Past Three Entity Name Entity Type * Province * Scope of Work * Size of Transactions * Years * Name not Government New York -NY Project 25 (P25) radio system Various 122,100,100 included and services Name not Government I North Dakota - Project 25 (P25) radio system Various 94,100,000 included ND and services Name not Government Michigan - MI Project 25 (P25) radio system Various 72,500,000 included and services Name not Government Arizona - AZ Project 25 (P25) radio system Various 71,100,000 included I and services Name not Government I Arkansas - AR Project 25 (P25) radio system Various 63,500,000 included and services Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question Response* Item 23 Sales force. Motorola Solutions has a direct sales force in the United States of over 200 people spread across all 50 states.. This, along with the over 490+ Manufacturer Representative sales people represents our total sales force. We have a presence in all 50 states. 24 25 26 Dealer network or other distribution methods. Service force. Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Motorola Solutions has 170+ Manufactures Representative (MR) Sales Partners with locations in all 50 United States, with 490+ individual Authorized MR Sales Representatives. MRs are described in the answer to Line 13. Motorola utilizes our Field Service Organization (FSO) and a network of over 450 certified service shops that are located across all 50 states. These are both described in the answer to Line 13 Our customer service includes essential services that are delivered through a tailored ciD✓YI�bJ( g of local field service personnel, centralized teams equipped with a soo ti a d service delivery platform, product repair depots, and MyView Portal. These service entities will collaborate to swiftly analyze issues, accurately diagnose root causes, and promptly resolve issues to restore the Customer's network to normal operations. Centralized Managed Support Operations The cornerstone of Motorola Solutions' support process is the Centralized Managed Support Operations ("CMSO") organization, which includes the Service Desk and technical support teams. The CMSO is staffed 24x7x365 by experienced personnel, including service desk specialists, security analysts, and operations managers. The Service Desk provides a single point of contact for all service related items, including c��F jcf)Ail , j;ns between the Customer, Motorola Solutions, and third -party ��I&�Uesk processes service requests, service incidents, change requests, and dispatching, and communicates with stakeholders in accordance with pre -defined response times. All incoming transactions through the Service Desk are recorded, tracked, and updated through the Motorola Solutions Customer Relationship Management ("CRM") system. The Service Desk also documents Customer inquiries, requests, concerns, and related tickets. The CMSO coordinates with the Feld service organization that will serve the Customer locally. Customer Support Manager Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 231 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 A Motorola Solutions Customer Support Manager ("CSM") will be the Customer's key point of contact for defining and administering services. The CSM's initial responsibility is to create the Customer Support Plan ("CSP") in collaboration with the Customer. The CSP functions as an operating document that personalizes the services described in this document. The CSP contains Customer -specific information, such as site names, site access directions, key contact persons, any tailored case priority level definitions, case handling instructions, and escalation paths for special issues. The CSP also defines the division of responsibilities between the Customer and Motorola Solutions so response protocols are pre -defined and well understood when the need arises. The CSP governs how the services will be performed and will be automatically integrated into this Statement of Work by this reference. The CSM and Customer will review and amend the CSP on a mutually agreed cadence so the CSP remains current and effective in governing the Essential Services. Repair Depot The Motorola Solutions Repair Depot provides the Customer with a central repair location, eliminating the need to send network equipment to multiple vendor locations for repair. All products sent to the Depot are tracked throughout the repair process, from inbound shipment to return, through a case management system that enables Customer representatives to see repair status. MyView Portal Supplementing the CSM and the Service Desk as the Customer points of contact, MyView Portal is a web -based platform that provides network maintenance and operations information. The portal is accessed from a desktop, laptop, tablet, or smartphone web browser. The information available includes: • Remote Technical Support: Manage cases and view self-service reports. Observe incident details by incident priority level, and track the progress of issue resolution. • Network Hardware Repair: Track return material authorizations ("RMA") shipped to Motorola Solutions' repair depot and eliminate the need to call for status updates. In certain countries, customers will also have the ability to create new RMA requests online. • Security Update Service: View available security updates. Access available security update downloads. • Orders and Contract Information: View available information regarding orders, service contracts, and service coverage details. The data presented in MyView Portal is provided to support the services described in the following sections, which define the terms of any service delivery commitments associated with this data. Quality Team Our Quality Team is used as a resource for our customers, and brought in when a customer is having issues with a product or solution that is not being resolved in a timely manner. The Quality team continuously tracks ongoing issues and pushes them to closure when necessary. We have also included the Mission Critical Operations white paper in our attachments for additional information. Response Times Response Times vary depending on the product or system in question, but are in line with the the requirements of our customer's expectations. 27 Describe your ability and willingness to We are equipped and staffed to deliver our products and services to any government provide your products and services to customer throughout the United States, and we have a proven track record of taking Sourcewell participating entities in the care of our customer and meeting our commitments that goes back decades. United States. 28 Describe your ability and willingness to We are not including Canada as a part of this RFP response. provide your products and services to Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United We will not be serving any part of Canada within this RFP response. States or Canada that you will NOT be fully serving through the proposed contract. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 232 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 30 Identity any Sourcewell participating entity sectors (i.e., government, education, not -for - profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Table 7: Marketing Plan VVdhin the United States, we will be lolly serving all Federal, State, and local government and education entities. Motorola Solutions, Inc. ("Motorola") asserts that, to the best of its knowledge and belief, that presently, there are no requirements or restrictions that would apply to the participating entities in Hawaii and Alaska and in US Territories. Line Question Response* Item 32 Describe your marketing strategy for Motorola values the relationships that are created with our customers and actively engage promoting this contract opportunity. on a regular basis. We engage at live events, webinars, and tradeshows. In the past, Upload representative samples of your Motorola has hosted webinars explaining the benefits of existing contracts and can do so marketing materials (if applicable) in for Sourcewell. Occasionally on a regional level, contract exclusive promotions are run and the document upload section of your advertised through email campaigns. This is also something we can do for Sourcewell. response. 33 1 Describe your use of technology and Motorola Solutions leverages its social media channels on t-inkedin, Facebook, Twitter and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. YouTube to convey our values and mission. Through our channels, we highlight upcoming product and software launches, customer success stories and leverage marketing content in the form of videos and documents to highlight our commitment to public safety. Customer led programs are sponsored by Motorola to provide a channel for feedback to our users. Motorola's website and e-commerce site have a large presence on the internet housing brand, product and marketing content. 34 In your view, what is Sourcewell's role While it would be great for Sourcewell to market the vendors that are awarded contracts, in promoting contracts arising out of we do understand that Sourcewell has a large number of participating vendors and this RFP? How will you integrate a marketing for each of them would be prohibitive. If awarded the contract, our direct sellers Sourcewell-awarded contract into your as well as our Manufacturer Representatives will consistently discuss our products and sales process? services and that the Sourcewell contract can be used as a method of purchase with all of our customers. Even if they are not current members of Sourcewell, we will discuss that by joining Sourcewell they will have a contracting vehicle in place that is already competitively bid and priced. 35 re your products or services Not all of our products and services are able to be purchased from our e-procurement available through an e-procurement system (shop.motorolasgl >igns Gpr]?). But all of our accessories and many of our parts are ordering process? If so, describe your available through that Sy�f�fn �� Ular customers to order at any time. a -procurement system and how ggyern Pn[a, and educational c LLi l i Ave used it. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 233 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 8: Value -Added Attributes Line m Ite36 Question Response* Describe any product, equipment, Motorola Solutions has a Learning eXperience Portal (LXP) that encapsulates all that our maintenance, or operator training Worldwide Learning Services (WLS) team. Here you can register for training, complete programs that you offer to online training, and track where you are on all required training that you have. We also Sourcewell participating entities. offer in -person training for specific classes. While training in never required, we highly Include details, such as whether recommend training be included for customers that will be utilizing a solution for the first training is standard or optional, time. Our training website can be found here: https://Iearning.motorolasolutions.com/ who provides training, and any costs that apply. 37 Describe any technological For decades, Motorola Solutions has been at J,(j f r rf)nt of Public Safety (,� )rI jr�ri�ns! �aate advances that your proposed Technology. From an LTE connected 2-way rd VU 117 LTE systems arl�i %�Y'iCC��, uJZ products or services offer. are continuously innovating to bring advanced and necessary technology to our customers. We have developed the majority of "firsts" in 2-way communications from before WWII until now. We spent $686 million dollars on research and development in 2020 to ensure that vve stay in that position going forward. 38 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 39 Identify any third -party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other preen/sustainability factors. 40 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 I'Vhat unique attributes does your yompany, your products, or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in ;our industry as it applies to Sourcewell participating entities? the services we offer are comas //�@��'ve and available beginning with our System Support Center that is open 24x7x365. �U�� Our Network Operation Center to continuously monitor the systems that we support to identify and issues as soon as they begin. Our Field Service Organization (500+) and our Service Partners (450+ shops) are available to provide the needed services to our customers for project implementations, maintenance, and issue response. Please find attached the 2019 Corporate Responsibility Report r'iease frno attacnea the 2019 Corporate KesponsiDmty neport We do not qualify for any of these certifications, but we partner with WMBE and SBEs regularly. Motorola Solutions is a p/ I�y �l Ugty solutions company that has been in business over 90 years. Public safety is wi � 1F ,i iVe. We focus our R&D dollars and time investments on building solutions that are integrated solutions. With all of these solutions, we have created an end -to -end platform and can provide the technology to handle an incident from the time someone picks up the phone to call 911, through case closure. We also offer implementation, managed, and support services to assure that our solutions are properly installed and maintained throughout their lifecycle. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 234 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response 42 Do your warranties cover all products, parts, and Warranty covers all products, parts and labor provided by Motorola. For third labor? party products we will flow through the OEM's standard warranty as provided to us. 43 Do your yyyy�•r(r9 t(� i(p )njp I pipe restrictions or Warranty does not cover products that fail as a result of liquid, lightning or other limild�ie) t��at lYli'l/L�(Se1� affect coverage? physical damage. 44 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? 45 Are there any geogra lop;; of the United States or Canada (as �E51� ,ta0C,-) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 46 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 47 V'V'I dt a e ye r p upused excle:o ige �:l Cl iet.rin programs and policies? 48 Describe any service contract options for the items included in your proposal. For infrastructure products, warranty does cover travel and mileage expenses for a technicians to respond on site. Subscriber warranty is provide through our repair depot. Within the Unites State vve are able to serve all geographic regions. 'We will not be serving any part of Canada within this RFP response. Warranty covers all products and systems manufactured by Motorola. For any individual drop -ship items, those are covered by the warranty provided by that specific vendor. In other words, for third party products we will flow through the OEM's standard warranty as provided to us. VVa,ia d:y covers the iepaili a id ieL( iii uli pud.cts pouvlldii::d by IVllutriJ&. advanced replacement options can be quoted in addition to the standard warranty. Motorola offers Warranty Wrap options for infrastructure systems. This enhances the manufacture warranty to 24X7 coverage and can include monitoring where applicable. Table 10: Payment Terms and Financing Options Line Question Response* Item 49 What are your payment terms (e.g., net 10, net 30)? Net 30 50 Describe any leasing or financing options available for use by educational y ental entities. 51 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities' purchase orders. We work with the Motorola Solutions Credit Company to provide financing options for ourN��r We have been doing this for over 35 years for our cul Gi I to give them a competitive ,financing option. For the quarterly reports, we will work with our Order Management team to set up a specific bid and quote (B&Q) number that will be used when processing all orders under this contract. Then we will be able to utilize that B&Q number for create the quarterly report, and process payment to Sourcewell based off of the amount sold. We are currently doing it this way for the other cooperative purchasing contracts. Only Motorola Solutions and our Manufacturer Representatives will process participating agency purchase orders. Regardless of which of the two processes the order, all purchase orders will be made out to Motorola Solutions. 52 Do you accept the P-card procurerrrent and payment Yes vve do accept P Cards. There is not an additional cost to process? If so, is there any additional cost to Sourcewell Sourcewell participating agencies to use a P-Card. participating entities for using this process? Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 235 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. item Question Response* 53 Describe your pricing model (e.g., line -item discounts or The pricing model we are using in this RFP response is showing product -category discounts). Provide detailed pricing data percentage discounts off of list price for each product category. The (including standard or list pricing and the Sourcewell details can be found in the pricing section that has been uploaded discounted price) on all of the items that you want with our response. We have also included as an attachment our Sourcewell to consider as part of your RFP response. If latest product catalog that shows list pricing for the majority (but not applicable, provide a SKU for each item in your proposal. all) of the solutions that we are proposing in this RFP response. Upload your pricing materials (if applicable) in the document upload section of your response. 54 Quantify the pricing discount represented by the pricing We have provided product -category discount percentages in our proposal in this response. For example, if the pricing in attached pricing document. The range of discounts is take off list your response represents a percentage discount from price. MSRP or list, state the percentage or percentage range. 55 Describe any quantity or volume discounts or rebate Volume discounts or system incentives may be applied based on programs that you offer. the size and scope of the opportunity. 56 F'ruµuse ,ai ifiathull of Fadlit-riil,y °60.11ced" Prudi.cts ui Fo( il:1bF11s 1.1-001 a'e clrupsliip ,:irnd Ut oujn.;ed by NI'LA. ula1 Su"Litiu is, related services, which may be referred to as "open we supply those items at a cost plus. The percentage we use market" items or "nonstandard options". For example, you varies depending on the item. may supply such items "at cost" or "at cost plus a Nt uc Faye;' or you may supply a quote for each such request. 57 Identify any element of the total cost of acquisition that is We have included all components needed for an acquisition within NOT included in the pricing submitted with your response. the pricing categories and discounts provided. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the Freight, delivery, and shipping are not additional costs. We do not Sourcewell participating entity, describe in detail the charge those items to government customers. complete freight, shipping, and delivery program. 59 Specifically describe freight, shipping, and delivery terms or We have no specific or different freight, shipping, or delivery terms programs available for Alaska, Hawaii, Canada, or any for Alaska or Hawaii. Canada is not a part of our response. offshore delivery. Shipping terms are FOB Shipping. 60 Describe any unique distribution and/or delivery methods or vve have no unique distribution and/or delivery methods or options, options offered in your proposal. Table 12: Pricing Offered time The Pricing Offered in this Proposal is: * Comments 61 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing Please find our pricing departments. details in the attachments Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 236 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 13: Audit and Administrative Fee Line Question Item 62 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Response* To ensure that we have proper pricing, we will load the Sourcewell contract category discounts into our quoting system so that we can utilize the discounts listed in our response for Sourcewell members. For the quarterly reports, we will work with our Order Management team to set up a specific bid and quote (B&Q) number that will be used when processing all orders under this contract. Then we will be able to utilize that B&Q number for create the quarterly report, and process payment to Sourcewell based off of the amount sold. We are currently doing it this way for the other cooperative purchasing contracts. Only Motorola Solutions and our Manufacturer Representatives will process participating agency purchase orders. Regardless of which of the two processes the order, all purchase orders will be made out to Motorola Solutions. 63 If you are awarded a contract, provide a few examples of internal Total sales in US dollars per category metrics that will be tracked to measure whether you are having success with the contract. 64 Identify a proposed administrative fee that you will pay to We are proposing a 1% admin fee that will be calculated off Sourcewell for facilitating, managing, and promoting the Sourcewell of total sales under this contract. Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services mLiQuestion Response* Ite65 Provide a detailed description of the Below is a list of what is included in our offering. We have also included equipment, products, and services that you specification sheets for these solutions. The specification documents include are offering in your proposal. technical information, including the applicable safety or regulatory standards or codes. Land Mobile Radio Systems, Solutions, and Serices Mobile and Portable radios and accessories Base Stations and accessories Radio Dispatch Consoles Interoperability Solutions Fire Station Alerting Solutions and Services Broadband Wireless Infrastructure and Subscribers Radio/Broadband Site Infrastructure (Towers, Shelters, UPSs and Generators) Broadband and LTE Communication Equipment Radio, Broadband, and LTE Implementation and Maintenance Services 66 vvitnin tnis Rt -H category tnere may De We have no sub -categories. All categories of equipment, products, and services are subcategories of solutions. List subcategory listed above titles that best describe your products and services. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, li 237 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered * Comments 67 Fire or EMS station alerting Yes Yes. We partner with Mach Alert to provide Fire Station Alerting solutions. or paging systems r No 68 Connectivity anc a Yes Yes. We are offering Critical Connect as our system to system interoperability interoperability devices, r No solution, as well as control station radios to tie in legacy frequencies to current hardware and equipment radio systems. 69 Airborne, marine, and Yes No. underwater communication r No systems 70 I Services related to lines 67, r Yes Yes. We have included the necessary services to implement and maintain the `68 and 69 above Ir No (solutions mentioned in lines 67 & 68, Table 15: Industry Specific Questions Line Item Question Response* 71 Describe the interoperability of Because we follow industry standards across our portfolio, our products are fully interoperable with your products and services with other systems/devices that follow the definition in the specific standard in question. The standards other equipment, software, and the our products and solutions follow are listed in Line Item 73. Additionally, our services providers systems, as applicable maintain certifications required within each solution (certifications are detailed in Line Item 14). 72 Describe hove your products Asi e fig( r ieetiny what the applicable standard defines for its interoperability requirements, -ind services integrate with of `d�utions has created an end -to -end platform that integrates our solutions from the time Dther communications and someone picks up the phone to dial 911 until case closure. These solutions include, but are not `ethnology components (e.g., limited to Radio, 911 call handling, CAD, Records Management, Body Worn and In -Vehicle SAD, RMS, LMR, etc.) Cameras, Digital Evidence Management, Video Security, License Plate Recognition, Situational Awareness, and Bro�oppn� �p prp�dnj` Yj� �, �eG, rspr these are all solutions that yyp�,, pp, we 6 d t limT� �e AUng •f tdfil are creating integrations a b n nth different solution togeth6r`. ing typically limits the communication between two solutions because it uses the least common denominator of the information that can pass between to solutions from differqrl1 v •r1 s. The has integrations that we have, and continue, to develop are allowing for greater �(>'ic1�� our customers do their jobs. We have also created a solution called CommandCentral Aware that allows for our radio system to integrate with other vendors CAD and Video solutions to create situational awareness for our customers as the approach a scene. 73 Describe how your products The systems and equipment included in this response fully comply with one of the following and services conform to standards; Project 25 (P25) - http://www.project25.org/, Digital Mobile Radio (DMR) - applicable industry standards https://www.dmrassociation.org/dmr-standards.html, and Citizens Broadband Radio Service (CBRS) and required specifications. standards - https://www.ecfr.gov/cgi-bin/text-idx? SI D=960a62ced28f9e89c169ed 12daafa030&mc=true&node=pt47.5.96&rgn=div5. 74 Describe your use or Motorola Solutions utilizes bothl QV) �)�C eternal employees as well as out-G l j lff� Iry e partner installation or service partners, shops to do installs and maintenanl rs. Deciding which we utilize on each opportunity I$ Wbpendif Ion applicable. the customer, if they have a preference, and the type of project. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir238 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Documents Ensure your submission document(s) conforms to the following 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stability (optional) • Marketing Plan/Samples (optional) • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information (optional) • Pricing - Sourcewell RFP 042021 Pricing.pdf - Monday April 19, 2021 18:16:04 • Upload Additional Document - Sourcewell RFP 042021 Proposal Document.pdf - Monday April 19, 2021 18:19:49 Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir239 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: httos://www.treasurv.aov/ofac/downloads/sdnlist.r)df; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httos://sam.aov/SAM/; or Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Ir 240 DocuSign Envelope ID: 3D3498BF-04FF-428B-95D0-9C892BC5A553 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Carrie Hemmen, Territory Vice President & Director of Sales, Motorola Solutions, Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments (if applicable) Addend um_8_PS_Communications_Tech_RFP_042021 Tue April 13 2021 04:33 PM Addend um_7_PS_Communications_Tech_RFP_042021 Mon April 12 2021 06:55 PM Addendum _6_PS_Communications_Tech_RFP_042021 Wed April 7 2021 06:45 PM Addend um_5_PS_Communications_Tech_RFP_042021 Mon April 5 2021 08:18 PM Addend um_4_PS Communications_Tech_RFP_042021 Thu April 12021 03:59 PM Addend um_3_PS_Communications_Tech_RFP_042021 Thu March 25 2021 08:23 AM Addendum _2_PS_Communications_Tech_RFP_042021 Mon March 8 2021 01:20 PM Addend um_1_PS_Communications_Tech_RFP_042021 Fri March 5 2021 12:57 PM Bid Number: RFP 042021 Vendor Name: Motorola Solutions, It 241 CITY OF SjFj3ASTj-AN HOME OF PELICAN ISLAND 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. DATE: March 26, 2025 ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) TYPE OF PURCHASE: ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑✓ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Motorola Solutions, Inc. ITEMS OR SERVICES Public Safety Communications REQUIRED: ADDITIONAL INFORMATION This proposed purchase complies with the "Piggyback" provisions as provided within Section 2-10 of the City code, in that Sourcewell's contracts are competitively selected using procedures equivalent to those of the City of Sebastian. Approved: Jessica Graham, Procurement/Contracts Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 12/2024) 242 ection 3 Pricing Summary Motorola Solutions is pleased to present the following pricing to City of Sebastian: Equipment and Installation Pricing Notes: Pricing, terms and conditions per #042021-MOT. Contract valid until 6/23/2025. Motorola anticipates an extension of this contract before the expiration date. Customer may purchase this proposal by issuing Motorola a purchase order denoting the name of the proposal, the aforementioned contract and NET30 payment terms. Avigilon Unity Access Solution (Optional & Not Included in Pricing) Milestones: 10% CDR; 80% Equipment Shipping; 10% Project Completion ® MOTOROLA SOLUTIONS 243 Section 4 Contractual Documentation Terms, Conditions and Pricing per Motorola Sourcewell Contract #042021. https://www.sourcewell-mn.gov/cooperative-purchasing/042021-MOT ® MOTOROLA SOLUTIONS 244 CITY OF SEBASTIAN 0F SEB,gS 9Z OF pE�� CITY COUNCIL STAFF REPORT DATE March 26, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jennifer Cockcroft, City Attorney SUBJECT Special Magistrate Agreement EXECUTIVE SUMMARY On September 11, 2024, the City Council gave direction to the City Attorney to enter into a new agreement for the City of Sebastian's Special Magistrate. The Special Magistrate hears code enforcement cases once a month and is also assigned to handle appeals to the City Council on lien reductions and certain matters relating to fire alarm false alarm fees. As the Council is aware, dual office holding is prohibited in Florida and the Special Magistrate is such a position whereby you cannot service more than one office, so the Special Magistrate cannot serve any other Florida jurisdiction in that capacity. The current agreement contract is 11 years old as of this year. The current Special Magistrate, Kelly Armitage, Esq., has agreed to continue his services to the City under the existing Agreement until notified that the City wishes to terminate it. The current agreement can be terminated at any time without cause. A draft letter has been prepared for review (attached) should the Council determine to approve a new Special Magistrate agreement for services. The City Attorney sought out responses from Indian River County and Brevard County local government lawyers due to the proximity of the City of Sebastian and received a response from one lawyer within the past five months. Ms. Robyn Hattaway has experience in government, including prior service as a Commissioner for the Canaveral Port Authority. A proposed agreement is attached for your review/discussion/approval. The City Attorney is seeking direction at this time from the City Council as to the following: 1. Continue or terminate the existing Special Magistrate Agreement 2. Approval or denial of proposed Agreement for Services 3. Provide other direction, including seeking additional responses. RECOMMENDATION Provide direction to the City Attorney related to the Special Magistrate. ATTACHMENTS: 1. Special Magistrate current Agreement 2. Draft Letter of Termination 3. Special Magistrate Agreement for Services — R. Hattaway, Esq. 245 FUNDING SOURCE: Expenditure required TBD Additional Funds Needed: $ 0.00 Amount Budgeted: $30,000 (total outside counsel budget) Funding source General Funds 246 AGREEMENT FOR SPECIAL MAGISTRATE FOR CODE ENFORCEMENT THIS AGREEMENT made and entered into this /day of August, 2014 by and between the City of Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Kelley. H. Armitage (hereinafter referred to as "Mr. Armitage") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Mr. Armitage, as Special Magistrate for Code Enforcement, and WHEREAS, the City expects Mr. Armitage to perform all the responsibilities and obligations as Special Magistrate, as stated in Section III of this Agreement; and WHEREAS, Mr. Armitage is willing to enter into a non-exclusive relationship with the City of Sebastian to provide such services. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Mr. Armitage, hereby agree as follows: 1. APPOINTMENT The Cityhereby appoints Mr. Armitage as the Special Magistrate for Code Enforcement effective as of the date:of this Agreement. TERM OF AGREEMENT The Special Magistrate shall serve at the will of the Sebastian City Council. The Sebastian City Council may terminate the Special Magistrate's appointment at any time without cause. Mr. Armitage may terminate this Agreement and his obligations hereunder after thirty (30) days advance written notice. III. DUTIES OF THE SPECIAL MAGISTRATE It is understood that Mr. Armitage has been retained to act as an independent, Special Magistrate for the City's Code Enforcement. As a Special Magistrate for Code Enforcement, Mr. Armitage will conduct hearings: once a month, or as often as the Sebastian City Council directs that hearings are to be held. Hearings will be conducted in accordance with City Cade and due process of the law, and the Special Magistrate will promptly enter an appropriate order with respect to each matter. The Special Magistrate will treat City officials and employees and the citizens, residents and property owners of the City of Sebastian with dignity and respect. IV. COMPENSATION 1. The City will compensate Mr. Armitage at an hourly rate of One Hundred Fifty Dollars ($150.00) for theconduct of the hearings and the appropriate disposition of each case brought to hearing. The City agrees to a one (1) hour minimum for each hearing calendar. The Special Magistrate will bill the City at the end of each month in which services were rendered. 247 With Copy to: To Special Magistrate: City of Sebastian Attention: City Manager 1225 Main Street Sebastian, FL 32958 Kelley H. Armitage, Esq. 204 Moccasin Trail North Jupiter, FL 33458-8003 IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Mr. Armitage has executed this Agreement as of the day and year first above written. CITY OF SEBASITAN A Florida municipal corporation Bob McPartlan, Mayor ATTEST: Sally A. Malo, C City Clerk Kell yjAge, Esq. 248 Ln OF SEBAST_N HOME OF PELICAN ISLAND March 26, 2025 Mr. Kelly H. Armitage, Esq. 1225 Main Street Sebastian, FL 32958 (772)388-8231 Re: Termination of Contract, Special Magistrate Agreement for Services Dear Mr. Armitage, This letter is sent on behalf of the City of Sebastian City Council. Thank you for your service to the City of Sebastian for over ten years as Special Magistrate. We appreciate the value of your services to the residents and property owners of the City of Sebastian. After deep consideration, the City Council has decided to enter into a new contract for services. As you are aware, under Section II of the Special Magistrate Services Agreement, the Council may terminate the Agreement at the will of the City Council without cause. This letter is provided in accordance with the terms and conditions of the pertinent Special Magistrate Agreement for Services. No further renewal terms are agreed to by the City at this time. In conjunction with this termination, the City asks that you conduct no further work under the Agreement as of the date of this notice without prior approval of the City with the exclusion of any outstanding invoices. Sincerely, City of Sebastian Page 1 of 1 249 AGREEMENT FOR SPECIAL MAGISTRATE FOR CODE ENFORCEMENT THIS AGREEMENT made and entered into this day of , 2025 by and between the City of Sebastian, a municipal corporation of the State of Florida (hereinafter referred to as "City") and Robyn W. Hattaway, a licensed Florida attorney, (hereinafter referred to as "Ms. Hattaway" or "the Special Magistrate") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Ms. Hattaway as the Special Magistrate for Code Enforcement; and WHEREAS, the City expects Ms. Hattaway to perform all the responsibilities and obligations as Special Magistrate, as stated in this Agreement; and WHEREAS, Ms. Hattaway is willing to enter into a non-exclusive relationship with the City of Sebastian to provide such services. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Ms. Hattaway hereby agree as follows: APPOINTMENT The City hereby appoints Ms. Hattaway as the Special Magistrate for Code Enforcement effective as of March 1, 2025 pursuant to Section 2-176 of the City of Sebastian Code of Ordinances. The Special Magistrate is an Independent Contractor for the purpose of this Appointment and this Agreement. Nothing in this Agreement shall be considered or construed to create a relationship of employer and employee between the parties. II. TERM OF AGREEMENT This Agreement is for a one-year term with automatic renewals of one-year terms until such time as terminated by either of the Parties as outlined in Section III of this Agreement. III. TERMINATION A. The Special Magistrate shall serve at the will of the Sebastian City Council. The Sebastian City Council may terminate the Special Magistrate's appointment at any time without cause. B. Ms. Hattaway may terminate this Agreement and any obligations hereunder (with the exception of continuing public records retention requirements or any other terms which would extend after the conclusion of the Agreement) with thirty (30) days advance written notice. 1 250 IV. DUTIES OF THE SPECIAL MAGISTRATE A. It is understood that Ms. Hattaway has been retained to act as an independent Special Magistrate for the City's Code Enforcement. B. The Special Magistrate for Code Enforcement, will conduct hearings once a month, or as often as the Sebastian City Council directs that hearings be held. C. The Special Magistrate will disclose any existing client relationship which would pose a conflict of interest to her service and recuse herself as required by the Rules regulating the Florida Bar. V. DUTIES OF THE CITY A. The City shall provide the current City Code to the Special Magistrate and shall have the duty to timely notify the Special Magistrate of any changes thereto. B. The City shall provide the Hearing schedule to the Special Magistrate and shall timely notify the Special Magistrate of any changes or cancellations thereto. Shall the City fail to notify the Special Magistrate of a cancellation within a minimum of two hours of a scheduled Hearing, the City agrees to compensate Special Magistrate for actual travel time, if incurred. C. The City shall provide such clerical and administrative personnel as deemed reasonably necessary to support the Special Magistrate's activities and assist in the proper performance of duties. D. The City shall prepare and maintain as official custodian all records including agendas, minutes, orders and/or recordings of hearings as well as all communications required by Florida Statutes. The City shall be responsible for furnishing a copy of orders to the applicable parties. E. The City shall bear all costs and responsibilities for public records requests as required by Florida Statutes. VI. HEARING PROCEDURES A. Hearings will be conducted in accordance with City Code and due process of the law, and the Special Magistrate will promptly enter an appropriate order with respect to each matter. 2 251 B. The Special Magistrate shall take testimony under oath from any witness present having knowledge concerning a hearing on a case or lien reduction request. The Special Magistrate shall have the power to administer an oath to any witness. C. At the conclusion of a hearing, the Special Magistrate shall issue findings of fact based on evidence of record and conclusions of law, and shall issue a written order affording the proper relief consistent with powers granted within City Code and consistent with Chapter 162 of the Florida Statutes. D. The Special Magistrate will have the jurisdiction and authority to determine the amount of reasonable expenses incurred by the City as a result of orders issued pursuant to the authority granted. E. All hearings before the Special Magistrate shall be conducted so as to ensure fundamental due process. F. The Special Magistrate shall be bound by the interpretations and decisions of duly authorized boards of the City concerning the provisions of the codes, ordinances and regulations within their respective jurisdictions. G. The Special Magistrate shall demonstrate a willingness to learn and become familiar with all City Codes and Ordinances. H. The Special Magistrate must have established internal computer systems to accept and communicate with all City computer systems to provide acceptance and information of City's file transmissions. I. The Special Magistrate shall not be authorized to engage, hire, or use any person, except those provided by the City to assist in the performance of duties, at the City's expense. J. The jurisdiction of the Special Magistrate is not exclusive. An alleged violation of a code provision may be pursued by another remedy at the option of the City Manager and nothing shall prevent the City from taking such other lawful action, including but not limited to resorting to equitable actions. VI. COMPENSATION A. The City will compensate the Special Magistrate at an hourly rate of Four Hundred Dollars ($400.00) per billable hour for services including preparation, travel, and meeting attendance. The Special Magistrate will bill the City at the end of each month in which services were rendered. Invoices shall be submitted to the City Attorney via electronic or US Mail at: 1225 Main Street, Sebastian, FL 32958. B. The City will not be responsible for paying or reimbursing the Special Magistrate for any costs or expenses, mileage, food, lodging, postage, telephone, office supplies, computer time, copies, faxes or any other costs or expenses, whether direct, indirect 3 252 or incidental unless approved in advance in writing or as outlined above in paragraph A. C. The City will not be obligated to provide any minimum amount of work for the Special Magistrate. D. The Special Magistrate's appointment is not exclusive and the City Council, in the exercise of its discretion, may appoint additional Special Magistrates at any time. VII. INDEMNIFICATION Subject to any limitations imposed by Florida law and FS §768.28, the City shall defend, save harmless and indemnify the Special Magistrate against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of the Special Magistrate acting within the course and scope of her duties as Special Magistrate. Nothing contained herein shall be construed as an admission of liability on the part of the Special Magistrate nor the City of Sebastian nor an admission of sovereign immunity under Florida law. VIII. GOVERNING LAW/VENUE/WAIVER OF JURY TRIAL The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. Both parties waive any right to trial by jury. IX. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. X. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. XII. NOTICES All notices, consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage, prepaid, return receipt requested, to the hereinafter designated address: 91 253 To the City: With a Copy to To Special Magistrate With courtesy copy to City of Sebastian Attention: Mayor 1225 Main Street Sebastian, FL 32958 City of Sebastian Attention: City Attorney 1225 Main Street Sebastian, FL 32958 Robyn W. Hattaway PO Box 542185 Merritt Island, FL 32954 robvnC@hattawavlaw.com Courtesy copies to email shall not substitute for written notice delivered as required above. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Ms. Hattaway has executed this Agreement as of the day and year first above written. Jeanette Williams, MMC City Clerk Approved as to form & legality: Jennifer Cockcroft, Esq., BCS 67 CITY OF SEBASTIAN Bob McPartlan, Mayor Date: SPE _ M ISTRATE Rob n W. attaway Attorney at I_aw Date: March 22, 2023 254