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HomeMy WebLinkAbout04-23-2025 CC CRA AgendaCITY OF SFj3ASTIAN . HOME OF PELICAN ISLAND CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, APRIL 23, 2025 - 6:00 PM CITY COUNCIL CHANIBERS 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. PLEDGE OF ALLEGIANCE - Led by Council Member Nunn 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation - Volunteer Appreciation Week - April 20 through April 26, 2025, Accepted by the Sebastian Police Department's Community Policing Volunteers Proclamation - Earth Day - April 22, 2025, Accepted by Members of the Natural Resources Board Proclamation - Arbor Day - April 25, 2025, Accepted by Members of the Natural Resources Board Presentation by Jason Carnes of Clearwave Fiber - Citywide Construction Announcement B. Brief Announcements: Friday, April 25 - Chamber of Commerce Concert in the Park in Riverview Park — 5: 30- 8pm (SRHS Band) Saturday, April 26 - Paper Shredding & Electronic Recycling Event - 500 Indian River Drive - 9am to Noon Saturday, April 26 - Household Items Spring Cleaning - Barber Street Sports Complex - 9am to Noon Saturday, April 26 - Natural Resources Board Earth Day Celebration in Riverview Park - 10am to 4pm Saturday, April 26 - Sebastian Police Department's Prescription Drug Take Back Day - In front of Walmart - 10am to 2pm Saturday, May 3 - Treasure Coast Astrological Society Star Gazing Event at the Twin Piers - 7:30-9:30pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides and opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. COMMUNITY REDEVELOPMENT AGENCY Recess the City Council Meeting and Convene the Community Redevelopment Agency pgs 6- 9 A. Consider Approval of Draft March 26, 2025 Community Redevelopment Agency Minutes Staff Report March 26, 2025 CRA Minutes pgs 10-22 B. Consideration of a Facade Sign and Landscape grant request for VT Auto Care located at 705 U.S. Highway 1 Staff Report.docx Application and Supporting Documentation pgs 23-40 C. Consideration of an Interlocal Agreement between Indian River County, Sebastian Community Redevelopment Agency and The City of Sebastian for the installation of Sewer service with the Community Redevelopment Agency District. Staff Report CRA Septic to Sewer ILA Exhibit 1 Project Map Exhibit 2 Material List for Easement Properties Exhibit 3 Material List for ROW Properties Recess the Community Redevelopment Agency and Re -Convene the City Council Meeting 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 41-43 A. Alcohol Beverage Approval — Guettler Family Guettler Staff Report.docx Guettler Application Documents.pdf pgs 44-46 B. Alcohol Beverage Approval — Lachance Family Lachance Staff Report.docx 2 Barbara Lachance Documents.pdf 10. 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. pgs 4 7-5 7 A. Consideration of the Annual Report from the Natural Resources Board. Staff Report 2025 Annual Natural Resources Board Report 11. PUBLIC HEARINGS 12. UNIFINISHED BUSINESS 13. NEW BUSINESS pgs 58-68 A. First Reading and Consideration of Ordinance 0-25-09 Amending the Code of Ordinances of the City of Sebastian, Chapter 30 — relating to Businesses - in order to comply with revisions of the Florida Statutes and providing for adoption upon Second Reading on May 28, 2025. Staff Report Ordinance No. 0-25-09 FS 205.055 Business Impact Analysis pgs 69-85 B. Consideration of an Interlocal Agreement between Indian River County, Sebastian Community Redevelopment Agency and The City of Sebastian for the installation of Sewer service with the Community Redevelopment Agency District. Staff Report CRA Septic to Sewer Conversion Interlocal Agreement pgs 25-32 Exhibit 1 Project Map pg 33 Exhibit 2 Material List for Easement Properties pgs 34-36 Exhibit 3 Material List for ROW Properties pgs 37-40 pgs 86-92 C. Requesting City Council waive the competitive sealed bidding requirements and authorize Coleman Fire Protection, LLC to install Law Enforcement Dock Hose Stations. Staff Report Extraordinary Procurement Certificate Coleman Fire Protection, LLC Quote pgs 93-130 D. City Council Consideration of Resolution No. R-25-13 authorizing the City to open an investment account with FLCLASS and authorize the City Manager or designee to execute all appropriate documentation. Staff Report Resolution No. R-25-13 FLCLASS Registration Packet FLCLASS Combined Information Statement 10.24 Florida Statute 218.415 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 3 16. CITY CLERK MANAGER 17. CITY COUNCIL MATTERS Council Member Nunn Council Member Dixon Council Member Dodd Vice Mayor Jones Mayor McPartlan 18. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council). NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLL4NCE 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 4 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. 5 CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT �OF SEg,qs� S ­q41111111110P. o �v 0FPFL-ICP\` DATE Click or tap to enter a date. TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Consider Approval of March 26, 2025 CRA Minutes EXECUTIVE SUMMARY Consider approval of March 26, 2025 Community Redevelopment Agency minutes. RECOMMENDATION Request changes if necessary. Consider approval of draft minutes. ATTACHMENTS: 1. March 26, 2025 CRA Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 6 CITY of Sfj3ASTIA N HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached March 26, 2025 Community Redevelopment Agency minutes were approved at the April 23, 2025 Community Redevelopment Agency meeting. Chairman Bob McPartlan ATTEST: Jeanette Williams, City Clerk VA Regular City Council & CRA Meeting March 26, 2025 Page 3 ? Mayor McPartlan recessed the regular City Council meeting at 6:55 and opened the Community Redevelopment Agency meeting. 10. COMMUNITY REDEVFI.OPMENT AGENCY A. Consider Draft February 26, 2025 CRA Minutes MOTION by Mr. Nunn and SECOND by Ms. Dixon to approve the February 26, 2025 CRA minutes. Roll call: Vice Chairman Jones - aye Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Motion carried 5-0. B. Consider Aooroval of the Annual Riverfront Communitv Redevelopment Association Report for Fiscal Year 2.023/2024 The Community Development Director said this is the annual report that has to be sent to Indian River County by March 31" of every year and it details the activities for the past 12 months. MOTION by Vice Chairman Jones and SECOND by Mr. Nunn to approve the Annual Riverfront Community Redevelopment Association Report for Fiscal Year 2023/2024. Chairman McPartlan asked if anyone from the public or on Zoom wanted to speak on this itern and no one responded. Roll call: Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Vice Chairman Jones - aye Motion carried 5-0. 25.047 C. Consider Adoption of a Resolution for a Florida Inland Naviaation District Grant (FINDI for the Construction of Swina and Bench Park The Community Development Director explained that staff have been seeking funding from FIND for this park and it is in alignment with the Community Redevelopment Agency Master Plan. MOTION by Vice Chairman Jones and SECOND by Mr. Nunn to approve Resolution No. R-25-08 for the construction of the Swing and Bench Park. The City Manager added that City staff are still working on applying for additional grants in order to reduce the contributions from the CRA budget for this item. Chairman McPartlan asked public input and there was none. Roll call: Mr. Dodd aye Mr. Nunn aye Chairman McPartlan - aye Vice Chairman Jones - aye E. Regular City Council & CRA Meeting March 26, 2025 Page 4 Ms. Dixon - aye Motion carried 5-0. 25.029 D. Consider Adoption of a Resolution for a Florida Inland Navigation District Grant (FINDI for the Dredaina of the Main Street Boat Ramp Area The Community Development Director reviewed that Main Street boat ramp is near the Swing and Bench Park and this will improve infrastructure and drainage for the waterfront parks and public spaces in accordance with the CRA Master Plan. The grant match would come from the CRA budget. Mr. Nunn said he was very happy this is moving forward. He knows this is work that is very needed at the boat ramp. MOTION by Mr. Nunn and SECOND by Ms. Dixon to approve Resolution No. R-25-06 for the dredging of the Main Street boat ramp. Chairman McPartlan asked for public input and there was none. Roll call: Mr. Nunn aye Chairman McPartlan aye Vice Chairman Jones - aye Ms. Dixon - aye Mr. Dodd - aye Motion carried 5-0. 25.029 E. Consider Approval of Resolution R-25-10. Aoprovina an Aoolication for a Florida Boatina Improvement Proaram Grant for Main Street Boat Ramp Dredaina and Improvements Alona with Reauired Matchina Fundina and Authoritv to Execute The Community Development Director explained that this grant would also help with the cost of the dredging at the Main Street boat ramp and is in alignment with the CRA Master Plan. Vice Chairman Jones stated this is important because it makes ingress and egress at the boat ramp safer which has been a concern for those using the boat ramp. MOTION by Mr. Nunn and SECOND by Vice Chairman Jones to approve Resolution R-25-10 and the application for the Florida Boating Improvement Program Grant for the Main Street boat ramp dredging and improvements. Chairman McPartlan asked for public input on this issue and there was none. Roll call: Chairman McPartlan - aye Vice Chairman Jones - aye Ms. Dixon - aye Mr. Dodd - aye Mr. Nunn - aye Motion carried 5-0. Mayor McPartlan adjourned the CRA meeting and reconvened the regular City Council meeting at 7:01 p.m. 11. CONSENT AGENDA 25.048 A. Alcohol Beverage Approval - Bedolla Family CITY OF SEBASTIAN A Cr COMMUNITY REDEVELOPMENT AGENCY OF S E B,qs, XI '92 0 Z ' PELICO" STAFF REPORT DATE April 23, 2025 TO CRA Board THRU Brian Benton, City Manager FROM Alix Bernard, CRA Manager Consideration of a Facade, Sign, and Landscaping SUBJECT Grant Request for VT Auto Care located at 705 U.S. Highway 1 EXECUTIVE SUMMARY In accordance with the adopted 2023 CRA Redevelopment Master Plan, The CRA has established the Facade, Sign and Landscaping matching grant program which has the ability to provide funds to assist property owners and/or business owners to improve and install new signage, landscaping and/or Facade improvements. Mr. Todd Hendrickson, who is the tenant\business owner of "VT Auto Care" located at 705 U.S. Highway 1, has applied for grant monies for the installation of a new facade sign on the building. In accordance with the Facade, Sign, and Landscaping Grant Program, eligible signage may be considered for 50% of the costs, up to $7,500. If approved, based on the applicant's invoices the job cost will be $6,324.66 and the maximum grant that can be awarded is $3,162.33. RECOMMENDATION Staff recommends approval of the grant request for a new sign in the amount of $3,162.33. ATTACHMENTS: 1. Grant Application FUNDING SOURCE: Expenditure required $3,162.33 Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source $23,500.00 CRA 10 FACADE SIGNAGE AND LANDSCAPING GRANT FA(;ADE SIGN AND LANDSCAPING GRANT 1. Project Location Address of Property to be improved: 70 S U S - Sc46 A50A v, FL Assessor Parcel Number(s): Name of Business (es) in Project: Au ro A (Z�' Building Street Frontage Measurement of Project: 2. Applicant Information Name: Mailing Address: 70 S V S a city: Se n AS• LA'J State: FL zip: S 1 °1 s & Phone: / //�� Email: V T. T�MQTtJ6 ( ,A ILL Q CAMh1L • CoC-- Do you Own, Rent or Lease the subject property? LtAS( *If you are not the owner, the owner will need to co-sign this application. 3. Businesses or Services Offered on Site:--,A,s Co r&a (We Re PAl2 4. Description of Proposed Improvements:TcL S , ( WSCA;,14,&/A q 3211Y 5. Please identify ways in which this project supports the Overlay District Concepts 4r10- 14LL-o /71z.WrrF-7 Tlk, c�c-o r worLN SI(nN r RI - fL'-/ I Pt.AC.C. E 'r i./LL.L 1,404 nrLtAl PLgw-o rt, nk: ArWAr Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Page 5 11 FACADE SIGNAGE AND LANDSCAPING GRANT 6. Submittals Applications must include the following materials, if applicable, for consideration by the City: .E Current Photo(s) of project site Assessor parcel number and proof of paid property taxes f Applicant Information Listing of businesses or services offered on site Description of proposed improvements Identification of project's support of the Overlay District '— Current Occupational License Rendering or sketch of proposed improvements V/s .— Architectural plans - elevation drawing, dimensions, measurements, etc k, Color and material samples CV ' Sign/Awning design drawings and/or plans t/ Documentation of cost estimates -- copies of vendor bids, estimates, etc f/ Signature of Property Owner and Applicant ' Applications lacking sufficient materials to describe the project will NOT be reviewed. -rovo on vtmty 772 - �!1 k- � 3^A 1 Y 772 - 633 • `Wi I G Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Page 6 12 FAI;ADE SIGNAGE AND LANDSCAPING GRANT 7. Estimated Costs and Timing Please provide copies of two (2) vendor bids/estimates or other documentation of cost estimates for all proposed fagade work. a. Window or Door Replacement b. Exterior paint or siding c. Signage d. Exterior Lighting e. Fagade/Exterior Architectural Improv. f. Architectural/Design Fees g. Landscape/Hardscape Improvements h. Awnings or Shutters i. Building Permit/Planning Fees j. Other Proposed Improvements (specify) TOTAL ESTIMATED COST Estimated Days/Months for Completion 8. Signatures Signed: Property Owner(s) Signature(s) This Section for City Use Amount Received: Date Reviewed: Recommendation to CRA: Action by CRA: MAP OF CRA BOUNDARY Signed:�fYJ jA.A1D11/C SUN Applicant(sgnature(s) Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Page 7 14 �/1 1 I tau �GTi:Y[iY/G siGly s YOUR COMPLETE SIGN COMPANY Bristersigns.com Quote 03/12/2025 VT Auto Care Brister Signs will: 1. Produce channel letter logo a. Produce Sign: i. Face -lit ii. Letter color: Black iii. Light color: white iv. Total Sign Size: 212"w x 42"h v. UL listed 1. Total: $3.624.66 2. Labor to Install a. 2 Men with 1 bucket truck b. Hours: 6 c. Licensed and insured to work on electrical signs i. Total: $1,800.00 3. Engineering a. Total: $400.00 4. Permitting a. Quantity: 1 i. Total: $500.00 Grand Total: $6.324.66 A 50% down payment is required to start 11Page 15 SIGrN':� YOUR COMPLETE SICN COMPANY I i Bristersigns.com Quote Thank you, Gideon Lopez Brister Signs Please note: Our Production to Installation turn around time is roughly 4-6 weeks. If permits are involved this can vary. Should we have the production completed sooner, we will call to offer the soonest available installation day/date. Attention: Electrical Requirements for Sign Installation • Electrical Connection: Our Electric Sign License limits us to 10 feet from the Sign. Beyond this limit, you will need to hire a licensed electrician to complete the wiring. • Electrical Inspection: To pass the Final Electrical Inspection for your Sign, it must meet the following requirements: o Lighting Control: Your sign must have either a time clock or a photocell installed to regulate its operation. ■ Photocell: We can install a photocell for your sign, which automatically turns the sign on and off based on daylight levels. ■ Timeelock: If you prefer a timeclock, you will need to hire a licensed electrician to install it. o Breaker Panel: The circuit breaker controlling your sign's power must be labeled "SIGN" only. This breaker cannot be shared with any other electrical devices in your building. Xor Removal and Reinstallation of Flushmount Letters: We strive to remove with care, however IF during removal any damage occurs, this will result in having 2 1 P a g e 16 1051 OLD Dixie Hwy, Vero Beach, Florida 32960 (772) 562-9263 Bristersigns.com Quote to Produce a new set of letters we are not able to guarantee matching Previously Produced materials to Newly Produced. Please Sign Your Acknowledgement and Return X 3 1 P a g e 17 Carole Jean Jordan, cFc 2024 PAID REAL ESTATE Indian River County Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS AL31179Y I ACCOUNT 31-39 06 000 0 0040 00 04/0 1701 US HIGHWAY NUMBER PROPERTYEBASTIAN9 ADDRESS I TAX2 ODE I ESCROW 1 SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 2024 Please Pay $0.00 Discount TAYLOR DOUGLAS B (TRS) FBO THE TAYLOR FAMILY REVOCABLE TRUST 2950 SE OCEAN BLVD #104 BLDG 112 STUART, FL 34996 EDGi:MPARK PBI 1-23 BLK 4 LOTS 4 AND 5 Paid 11/15/2024 Receipt #59-00000790 000033843-0022 $3,957.79 PAY IN U.S. FUNDS TO CAROLE JEAN JORDAN, TAX COLLECTOR - P.O. BOX 1509, VERO BEACH, FL 32961-1509 - Ph: (772) 226-1343 Taxing Authority Telephone Millage Assessed Value Exemption Taxable Value Tax Amount a COUNTY GENERAL FUND 772-226-1214 3.5475 164,046 0 164,046 581.95 U)w EMERGENCY SERV DIST 772-226-1214 2.3531 164,046 0 164,046 386.02 Vie+ SCHOOL STATE LAW 772-564-3180 3.0050 164,046 0 164,046 492.96 Oomt SCHOOL LOCAL 772-564-3180 2.7480 164,046 0 164,046 450.80 LUO CITY OF SEBASTIAN 772-388-8205 3.1955 164,046 0 164,046 524.21 ST JOHNS RIVER WATER 386-329-4500 0.1793 164,046 0 164,046 29.41 nZ SEBASTIAN INLET 321-724-5175 0.1628 164,046 0 164,046 26.71 }9 MOSQUITO CONTROL 772-562-2393 0.2400 164,046 0 164,046 39.37 OW HOSPITAL DISTRICT 772-770-0935 0.7650 164,046 0 164,046 125.50 U.� FLORIDA INLAND NAVIG 561-627-3386 0.0288 164,046 0 164,046 4.72 ZLu LAND ACQUISITION BOND 772-226-1214 0.0639 164,046 0 164,046 10.48 ! & Z ITotal Millage 16.2889Total Ad Valorem Tam $ 2,672.13 ValoremNon Ad Total NonAd Valorem Assessments $1,450.57 �� Authority Telephone Amount TaxessAssessments $4,122.70 ZZ COUNTY LANDFILL FEE 772-226-3213 884.08 iY SEBASTIAN STORMWATER SERVICES 772-581-0111 566.49 Tax Questions oc C (772) 226-1343 ------------------------------------------------------------------------------------------------ 4 DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT 4 Carole Jean Jordan, cFc 2024 PAID REAL ESTATE Indian River County Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS ALT. KEY ACCOUNT NUMBER PROPERTY ADDRESS CODE ESCROW 31179 I 31-39-06-00020-0040-00004/0 1701 US HIGHWAY 1, SEBASTIAN, 32958 ITAX 2A I SKIP THE TRIP - Pay online at www.IRCTax.com If Postmarked By Nov 30, 2024 Please Pay $0.00 Discount TAYLOR DOUGLAS B (TRS) FBO THE TAYLOR FAMILY REVOCABLE TRUST 2950 SE OCEAN BLVD #104 BLDG 112 STUART, FL 34996 Scan to Pay Online Paid 11/15/2024 Receipt # 159-00000790 000033843-0022 $3,957.79 20 LIST OF SERVICES WE PROVIDE -OIL CHANGES -TIRE ROTATIONS -DIAGNOSTICS -BRAKES -REPAIR OIL LEAKS -TIRES -FRONT END WORK -R&R TRANSMISSIONS -REBUILD ENGINES -WINDOW REGUALTORS -SWITCHES -DRIVEABILITY ISSUES -REGULAR MAINTENANCE -A/C DIAG AND REPAIR -GASOLINE OR DIESEL -FOREIGN OR DOMESTIC -PRETTY MUCH ANYTHING TO DO ON A VINNY AND I HAVE OVER 60 YEARS EXPERIENCE VEHICLE, WE DO IT. BETWEEN THE TWO OF US, IN THE AUTOMOTIVE INDUSTRY. 21 BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 LOCAL BUSINESS TAX RECEIPT Tax Year October 1, 2024 to September 30, 2025 VINCENT FAULKNER (772) 539-2809 Address: 705 U S HIGHWAY 1 SEBASTIAN, FL 32958 Activity: Business - Services'- Auto repair shop Issued to: VT AUTO CARE, LLC VINCENT FAULKNER 705 US HWY 1 SEBASTIAN, FL 32958 NON -TRANSFERABLE No. 2025-1 Date: 1/21/2025 Business Tax Receipt Total Paid: $66.00 R CITY OF SEBASTIAN A Cr COMMUNITY REDEVELOPMENT AGENCY OF S E �I '92 0 Z ' PELICO" EXECUTIVE SUMMARY STAFF REPORT DATE April 23, 2025 TO CRA Board Members THRU Brian Benton, City Manager FROM Alix Bernard, CRA Manager Consideration of an Interlocal Agreement between Indian River County, Sebastian Community SUBJECT Redevelopment Agency and the City of Sebastian for the installation of sewer service within the Community Redevelopment Agency's District. At the direction of the Sebastian City Council, Staff has been working in partnership with Indian River County in order to improve the health of the Indian River Lagoon and reduce the nutrient loads that have the potential of seeping into the Indian River Lagoon. Staff has been presented with a draft Interlocal Agreement for every property within the City's Community Redevelopment District to connect to the central sewer system. Implementation of this project will bring the City one step closer to eliminating septic tanks within the City limits, as required by Florida Statutes by July 1, 2030. In accordance with the 2023 adopted CRA Master Plan, one of the major themes identified in the adopted plan is infrastructure and drainage in the Community Redevelopment District, specifically: septic to sewer conversion as a recommended strategy. RECOMMENDATION Staff recommends approval of the Interlocal Agreement with Indian River County for the installation of sewer service within the Community Redevelopment Agency's District. ATTACHMENTS: 1. Interlocal Agreement 2. Exhibit 1 Project Map 3. Exhibit 2 Material List for Easement Properties 4. Exhibit 3 Material List for ROW Properties FUNDING SOURCE: Expenditure required $100,000 Amount Budgeted: Funding source 0 General Fund Reserves 23 Additional Funds Needed: $ 0.00 Use of General Fund Reserves approved by City Council at the December 111h, 2024 meeting 24 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, THE CITY OF SEBASTIAN AND SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY REGARDING THE INSTALLATION OF UTILITY INFRASTRUCTURE WITHIN THE SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered the last date signed below by the parties, between the Indian River County Board of County Commissioners (hereinafter the "County") the City of Sebastian, a municipal corporation of the State of Florida (hereinafter the "City"), and the Sebastian Community Redevelopment Agency, a dependent special district of the City of Sebastian, (hereinafter "CRA"), or collectively "CITY/CRA" to outline the cooperation of the County, the City and the CRA with respect to a sewer main installation program to facilitate septic to sewer conversions within the boundaries of the CRA. WITNESSETH: WHEREAS, Florida Statutes, Chapter 163, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Florida Statutes, Chapter 166, "Municipalities", § 166.021, "Powers", authorizes the City to exercise any power for municipal purposes, except when expressly prohibited by law, and WHEREAS, Florida Statutes, Chapter 125, "Counties," § 125.01, "Powers and duties" authorize the County the power to carry on county government to the extent not inconsistent with general or specific law; and WHEREAS, in 1995, the City of Sebastian and Indian River County executed an Interlocal Agreement (ILA) that provided the County the affirmative duty to supply water and wastewater services within the incorporated area of the City in exchange for valuable consideration; and WHEREAS, Section 4. Duties and Responsibilities of the County, (a)(4) of the ILA establishes the manner in which the County will provide water and wastewater service; and WHEREAS, Section 6.08. Concurrency; System Expansion, subsection (4), of the ILA provides, "The County will provide wastewater service ... if the City requests such service in writing, and the County has the wastewater treatment capacity available and a financing plan approved by the City and County is developed for providing such service; and WHEREAS, in 2023, Florida Statute §373.469 was enacted by the State of Florida, requiring that onsite sewage treatment and disposal systems (OSTDS) located within Central Indian River Lagoon Basin Management Action Plan Area connect to central sewer if available by July 1, 2030, or upgrade conventional OSTDS to enhanced nutrient -reducing onsite sewage treatment and disposal system (ENR-OSTDS); and Page 1 of 8 25 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 2 of 8 WHEREAS, Indian River County is located with the Central Indian River Lagoon Basin Management Action Area; and WHEREAS, Indian River County provides water and sewer services to surrounding communities, including the City's CRA, through its Department of Utility Services; and WHEREAS, the CRA is authorized pursuant to § 163.362, Florida Statutes to identify and plan capital projects within the designated community redevelopment areas; and WHEREAS, the CRA's Community Redevelopment Plan establishes water and sewer infrastructure may require upgrades within the CRA; and WHEREAS, the City's Comprehensive Plan EDE Policy 9-1.1.3, provides incentives that will be provided to new and expanding business, more specifically, use of CRA funds to reduce the cost of water and sewer connection; and WHEREAS, the City, the CRA, and the County are working diligently to comply with the provisions of Florida Statute §373.469; and WHEREAS, the City, the CRA, and the County are committed to working together to address the aforementioned issues through joint cooperation in order to provide the greatest benefit in the shortest period of time in order to serve the public interest. NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County, the City and the CRA agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect until project completion, unless terminated by the Parties pursuant to the procedure set forth herein. (b) This Agreement shall be in effect from the date it is fully executed until the completion of the below terms unless otherwise terminated as outlined herein. (c) This Agreement may be terminated by the City/CRA or County, only for good cause shown, upon ninety (90) days' written notice to the other party. (d) Written notice of proposed termination shall be provided as outlined herein. 26 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 3 of 8 (e) The Parties agree that they will meet -and -confer, in good faith, in a duly noticed public meeting under Florida law, to address the concerns of the other party prior to any official legal action being taken by either governing body as outlined by Florida law but notwithstanding, neither Party waives any right to any legal remedy available under Florida law. (f) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. (g) The intent of Exhibit 1 is to showcase all construction locations required to facilitate connection availability for all parcels within the Community Redevelopment Agency. If due to scriveners errors an account or parcel is incorrectly shown within the exhibit the City and County will work together to ensure connectivity options for all segments of the CRA. SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY/CRA (a) Services: 1) The City/CRA will assist Indian River County in their efforts in obtaining necessary easements to complete the scope of work referenced in Exhibit 1. 2) Easements must be a public utility easement that will enable the County to install and maintain the necessary sewer infrastructure. 3) The City/CRA and the County agree that in order to obtain the necessary easements, a joint letter on behalf of the utility will be sent to Owners to initiate the project. 4) The City/CRA understands that the County will be unable to complete the entirety of the work without the necessary easements as delineated in Exhibit 1. 5) The City/CRA will provide County with a priority list of work to be performed, identifying areas ready for commencement prior to the execution of this agreement. 6) The City/CRA will coordinate with the County and be responsible for notifying residents and businesses of upcoming project work and road closures. 7) The County will keep the City/CRA informed of schedules, construction timelines, or project updates on a weekly basis. (b) Payment: The City agrees to be responsible for the costs of materials, in an amount of up to $100,000.00 (based on the estimate developed in February 2024) related to the project as identified in Exhibits 2 and 3. 27 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 4 of 8 (c) Change Orders/Increases: In accordance with Section 4(a)(3) below, the City/CRA agrees to timely evaluate and consider any material costs increases over the originally estimated $100,000 for materials. The City will provide its concurrence with the potential change order in writing prior to the County proceeding with the work. (d) Notifications: The City will take the lead in notifying the community of the upcoming work and the commensurate responsibilities of the property owners to install the private - side infrastructure necessary to connect them to the County's system through a joint letter and any other means deemed prudent by City/CRA. SECTION 4. DUTIES AND RESPONSIBILITIES OF THE COUNTY (a) Services: 1) The County will procure and provide for installation of all needed materials and completion for connecting the properties listed in Exhibit 1 to the County water and/or sewer system. 2) The County agrees that the material costs paid for by the City will represent the entire cost to the City/CRA for installation of the infrastructure in an amount of up to $100,000.00. 3) Detailed initial costs estimate shall be provided to City/CRA once obtained. If costs should change beyond the initial estimate of $100,000.00 before beginning the project, the County shall provide detailed cost adjustments to the City for their consideration before proceeding. 4) The County agrees to waive any connection fees the individual homes and businesses as a reflection of the cost of materials being covered and paid for by the City. 5) Property owners will be responsible for any standard impact fees related to connecting from the sewer line to the individual homes and businesses. (b) Timeframe: Project will begin within 60 days of this agreement becoming effective. The County agrees to work diligently to complete the work as schedules allow. The parties agree that there is no specific timeline and both parties will work in an expeditious manner to complete. The County further agrees to complete the work according to the priority list as provided by the City. (c) Reporting: Indian River County Department of Utilities Services will prepare a Quarterly Report provided to the elected bodies of all jurisdictions. The Quarterly Report shall generally include an update on what projects have been completed, what projects are underway, and the timeline for projects scheduled for the future. Additionally, the report shall include an accounting for all expenses incurred and identify any needs that may exist. 28 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 5 of 8 (d) Inspection: The County will be responsible for inspection and approval of the private -side connections prior to the residence or business completing the sewer connection. (e) Maintenance and Central IRL BMAP: As projects are completed, the County shall be responsible for maintaining the system and treating wastewater. The County and the City shall share Total Maximum Daily Load removal credits commensurate with each jurisdiction's cost incurred during the project construction phase. The City and County will work together to quantify load reductions related and applicable to the Central Indian River Lagoon Basin Management Action Plan. The City/CRA and County will track and provide a final accounting of direct and indirect expenses for the project for the purpose of determining the proportionate fair share of BMAP credits. SECTION 5. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: Cam: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 with a copy to the City Attorney; and Coun County Administrator Indian River County 180127�' Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney. The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. (b) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 6. SOVEREIGN IMMUNITY. Nothing contained herein or in any instruments executed pursuant to this Agreement shall be construed as a waiver or attempted waiver by the County or the City/CRA of their sovereign immunity as it presently exists under the Florida Constitution and the laws of the State of Florida and as outlined in Florida Statute §768.28. 29 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 6 of 8 SECTION 7. BUSINESS RELATIONSHIP. The City and the County are not partners or joint ventures or agents of each other for any activities pursuant to this Agreement, and no such relationship between them shall be deemed to exist by virtue of this Agreement. SECTION 8. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, singular or plural, as the identity of the party or parties may require. The Parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 9. MERGER/MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written, unless the provisions of the parol evidence rule apply. SECTION 10. GOVERNING LAW/ VENUE/WAIVER OF JURY TRIAL. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. In the event of litigation, the parties expressly waive any right to a trial by jury. SECTION 11. CONFLICTS. To the extent of any conflict between this Agreement and any existing City, CRA, or County agreement or Interlocal agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing City or Indian River County Ordinance. This Agreement is not intended to supersede, replace or conflict with any terms or relieve either party of any obligations under the underlying existing Interlocal agreement relating to Water and Wastewater entered into by the Parties. 30 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 7 of 8 SECTION 12. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 13. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The City/CRA and the County shall share evenly in the costs of recordation of this Agreement. SECTION 14. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by § 163.01(11), Florida Statutes. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW 31 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 8 of 8 APPROVED this day of April, 2025. INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Joseph Flescher, Chairman ATTEST: Ryan Butler, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency. By: Christopher Hicks, Assistant County Attorney CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Bob McPartlan, Mayor ATTEST: By: Jeanette Williams, City Clerk APPROVED: By: Brian Benton, City Manager Approved as to forin and legal sufficiency. By: Jennifer Cockcroft, City Attorney CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY, a dependent special district of the State of Florida. By: Bob McPartlan, Chairman ATTEST: By: Jeanette Williams, CRA Clerk Approved as to form and legal sufficiency. By: Jennifer Cockcroft, CRA Attorney 32 S2S Projects Where Easements Are Required EXHIBIT 2 #E1 11515 OLD DIXIE HWY ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 400 $6.25 $2,500.00 # 713 6"X4" TAPPING SLEEVE EA 1 $655.32 $655.32 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1331 4"X2" MJ TAP PLUG EA 1 $56.09 $56.09 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $5,363.37 #E2 CLEVELAND STREET ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 2 $16.40 $32.80 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 TOTAL $2,625.11 34 S2S Projects Where Easements Are Required #E3 1016 INDIAN RIVER DRIVE ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EA 1 ESTIMATED $1,100.00 $1,100.00 # 10 4" TAPPING VALVE EA 1 $776.85 776.85 # 1331 4"X2" TAP PLUG EA 1 $56.09 $56.09 # 731 4" MJ KIT EA 1 $19.64 $19.64 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $4,577.69 #E4 1137 US-HWY 1 ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 12" X 4" TAPPING SLEEVE EA 1 ESTIMATED $1,200.00 $1,200.00 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 # 8 GATE VALVE MJ X MJ EA 1 $615.79 $615.79 # 1199 4" P-401 90 DEGREE MJ FITTING EA 4 $235.66 $942.64 # 1578 4" MEGA LUG PVC EA 10 $31.27 $312.70 # 731 4" MJ KITS EA 10 $19.64 $196.40 # 1122 4" DR 18 C900 GREEN PIPE LF 680 $7.18 $4,882.40 # 1955 LOCATE WIRE/GREEN EA 2 $223.08 $446.16 # 1950 LOCATE MAIN TAPE/SEWER EA 2 $34.93 $69.86 # 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 # 1151 VALVE BOX EA 2 $143.92 $287.84 #1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1943 80 LB BAGS OF CONCRETE EA 8 $9.39 $75.12 # 460 4" VALVE BRASS MEDALLION EA 2 $16.40 $32.80 TOTAL $10,302.77 35 S2S Projects Where Easements Are Required #E5 1527 INDIAN RIVER DRIVE ITEM # MATERIAL # 111 2" SDR 9 PEX-A POLY NON -CONTRACT 10" X 4" TAPPING SLEEVE # 10 4" TAPPING VALVE # 1331 4" X 2" MJ TAP PLUG # 365 2" BRASS ADAPTOR MALE X GRIP # 1 2" NUT VALVE FEMALE X FEMALE # 1955 LOCATE WIRE/GREEN # 1151 VALVE BOX # 1153 VALVE BOX LID/SEWER # 895 2" S.S. INSERTS # 1157 WIRE PORTS # 1943 80 LB BAGS OF CONCRETE # 460 4" VALVE BRASS MEDALLION # 458 2" VALVE BRASS MEDALLION # 731 4" MJ KITS #E6 1613 US-HWY 1 ITEM # NON -CONTRACT #10 # 1331 # 365 # 731 # 895 # 111 # 1955 # 1151 # 1153 # 1157 # 1943 #1 # 460 # 458 UNIT CITY COST TOTAL LF 400 $6.25 $2,500.00 EA 1 ESTIMATED $1,100.00 $1,100.00 EA 1 $776.85 $776.85 EA 1 $56.09 $56.09 EA 2 $62.75 $125.50 EA 1 $375.79 $375.79 EA 1 $223.08 $223.08 EA 2 $143.92 $287.84 EA 2 $53.94 $107.88 EA 2 $2.08 $4.16 EA 2 $71.47 $142.94 EA 8 $9.39 $75.12 EA 1 $16.40 $16.40 EA 1 $16.40 $16.40 EA 1 $19.64 $19.64 MATERIAL I UNIT I CITY 12" X 4" TAPPING SLEEVE EA 1 4" TAPPING VALVE EA 1 4" X 2" MJ TAP PLUG EA 1 2" BRASS ADAPTOR MALE X GRIP EA 2 4" MJ KIT EA 1 2" S.S. INSERTS EA 2 2" SDR 9 PEX-A POLY I LF 100 LOCATE WIRE/GREEN EA 1 VALVE BOX EA 2 VALVE BOX LID/SEWER EA 2 WIRE PORT EA 2 80 LB BAGS OF CONCRETE EA 8 2" NUT VALVE FEMALE X FEMALE EA 1 4" VALVE BRASS MEDALLION EA 1 2" VALVE BRASS MEDALLION EA 1 TOTAL $5,827.69 COST I TOTAL ESTIMATED $1,200.00 $1,200.00 $776.85 $776.85 $56.09 $56.09 $62.75 $125.50 $19.64 $19.64 $2.08 $4.16 $6.25 $625.00 $223.08 $223.08 $143.92 $287.84 $53.94 $107.88 $71.47 $142.94 $9.39 $75.12 $375.79 $375.79 $16.40 $16.40 $16.40 $16.40 TOTAL $4,052.69 GRAND TOTAL $32,749.32 36 S2S Projects in Existing Right of Way EXHIBIT 3 #1 North Central Gravity Main Install ITEM # MATERIAL 1106 8" SDR 26 Green Pipe 1105 6" SDR 26 Green Pipe 1073 8" Sanded Grout Collar 1064 8" X 6" SDR 26 GxG WYE 1068 6" X 4" SDR 26 GxGxG DBL WYE 1950 Gravity Main Locate Tape ???? Concrete Manhole #2 Jefferson Street ITEM # I MATERIAL NON -CONTRACT 10"X4" TAPPING SLEEVE 10 4" TAPPING VALVE 1331 4"X2" TAP PLUG 731 4" MJ KIT 365 2" BRASS ADAPTOR MALE X GRIP 1151 VALVE BOX 1153 VALVE BOX LID / SEWER 1955 GREEN LOCATE WIRE 111 2" SDR 9 PEX-A POLY 895 2" S.S. INSERTS 1943 80 LB BAG OF CONCRETE 1157 TRACE WIRE PORT 1 2" NUT VALVE THREAD X THREAD 458 BRASS MEDALLION 2" VALVE 460 BRASS MEDALLION 4" VALVE UNIT I QTY I COST I TOTAL LF 350 $15.04 $5,264.00 LF 84 $8.32 $698.88 EA 1 $70.95 $70.95 EA 2 $63.36 $126.72 EA 2 $50.02 $100.04 EA 1 $34.93 $34.93 EA 1 N/A N/A TOTAL - WITHOUT MANHOLE $6,295.52 UNIT I CITY I COST I TOTAL EA 1 ESTIMATED $1,100.00 $1,100.00 EA 1 $776.85 $776.85 EA 1 $56.09 $56.09 EA 1 $19.64 $19.64 EA 2 $62.75 $125.50 EA 2 $143.92 $287.84 EA 2 $53.94 $107.88 EA 1 $223.08 $223.08 LF 100 $6.25 $625.00 EA 2 $2.08 $4.16 EA 8 $9.39 $75.12 EA 2 $71.47 $142.94 EA 1 $375.79 $375.79 EA 1 $16.40 $16.40 EA 1 $16.40 $16.40 TOTAL $3,952.69 37 S2S Projects in Existing Right of Way #3 WASHINGTON STREET ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EA 1 ESTIMATED 1,100.00 � �S1 100.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 1331 4"X2" TAP PLUG EA 1 *.09 $56.09 731 4" MJ KIT EA 1 $19.64 �19.64 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 1151 VALVE BOX EA 2 $143.92 $287.84 f 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 895 2" S.S. INSERTS EA 2 $2.08 �4.16 1943 80LB BAGS OF CONCRETE EA 8 $9.39 $75.12 1157 TRACE WIRE PORTS EA 2 $71.47 $142.94 1 2" NUT VALVE THREAD X THREAD EA 1 $375.79 $375.79 458 BRASS MEDALLION 2" VALVE EA 1 $16.40 �16.40 460 BRASS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $4,577.69 #4 SEBASTIAN BLVD & SOUTH WIMBROW DRIVE ITEM # MATERIAL UNIT CITY COST TOTAL 680 404 111 895 4"X2" SADDLE 2" BRASS BALL CORP MALE X GRIP 2" SDR 9 PEX-A POLY 2" S.S. INSERTS EA EA LF EA 1 1 300 2 1�4.90 209.23 $6.25 $2.08 $134.90 $209.23 $1,875.00 $4.16 365 2" BRASS ADAPTOR MALE X GRIP EA 1 $62.75 $62.75 1 2" NUT VALVE THREAD X THREAD EA 1 I �375.79 $375.79 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 1157 TRACE WIRE PORT EA 1 571.47 S71.47 1151 VALVE BOX EA 1 �J_43.92 5143.92 1153 VALVE BOX LID/SEWER EA 1 $53.94 $53.94 458 ( BRASS MEDALLION 2" VALVE EA 1 $16.40 $16.40 TOTAL $3,208.20 S2S Projects in Existing Right of Way #5 LOUISIANA AVE BETWEEN 512 ITEM# MATERIAL UNIT CITY COST TOTAL 8 4" GATE VALVE MJ X MJ EA 1 $615.79 $615.79 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 731 4" MJ KITS EA 3 $19.64 $58.92 1578 4" MEGA LUGS PVC EA 2 $31.27 $62.54 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 1950 SEWER LOCATE TAPE EA 1 $34.93 $34.93 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID / SEWER EA 1 $53.94 $53.94 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 1122 4" DR 18 C900 GREEN PIPE LF 560 $7.18 $4,020.80 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 460 BRAS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $5,552.74 #6 HIGH STREET & TAFT STREET AREA ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 20"X4" TAPPING SLEEVE EA 1 ESTIMATED $2,500.00 $2,500.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 8 4" GATE VALVE MJ X MJ EA 2 $615.79 $1,231.58 1307 4" MJ SOLID PLUG EA 2 $30.51 $61.02 1199 4" 90 DEGREE P-401 MJ X MJ EA 2 $235.66 $471.32 1187 4" 45 DEGREE P-401 MJ X MJ EA 2 $217.95 $435.90 1479 4"X4" TEE P-401 MJ X MJ EA 1 $267.15 $267.15 731 4" MJ KITS EA 16 $19.64 $314.24 If 1578 4" MEGA LUG PVC EA 14 $31.27 $437.78 1602 4" BELL RESTRAINTS EA 10 $45.72 $457.20 If 1950 SEWER LOCATE TAPE EA 2 $34.93 $69.86 1955 GREEN LOCATE WIRE EA 4 $223.08 $892.32 1943 80LB BAGS OF CONCRETE EA 12 _ $9.39 $112.68 1151 VALVE BOX EA 3 $143.92 $431.76 1153 VALVE BOX LID / SEWER EA 3 $53.94 $161.82 1122 4" DR 18 C900 GREEN PIPE LF 1800 $7.18 $12,924.00 1157 TRACE WIRE PORT EA 3 $71.47 $214.41 460 BRASS MEDALLION 4" VALVE EA 3 $16.40 $49.20 TOTAL $21,809.09 39 S2S Projects in Existing Right of Way # 7 OLD DIXIE HWY - SOUTH OF 512 ITEM # MATERIAL UNIT CITY COST TOTAL 1122 4" DR 18 C900 GREEN PIPE LF 700 $7.18 $5,026.00 8 4" GATE VALVE MJ X MJ EA 1 $615.79 $615.79 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 731 4" MJ KITS EA 3 $19.64 $58.92 1578 4" MEGA LUG PVC EA 4 $31.27 $125.08 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 1950 SEWER LOCATE TAPE EA 1 $34.93 $34.93 1955 GREEN LOCATE WIRE EA 2 $223.08 $446.16 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID / SEWER EA 1 $53.94 $53.94 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 460 BRASS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $6,843.56 ESTIMATED GRAND TOTAL $52,239.49 40 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE April 23, 2025 t� }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SEBASTIAN SUBJECT Alcohol Beverage Approval — Guettler Family CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The Guettler family is having a Baby Shower at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Staff Report 2. Rental Application 3. Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 41 Lily LY 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 dial772.473.04540 Today's Date: Mncii SDn (nw4�tfbw Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) i I ---� ` McatrSh `> Physical Address Mailing Address (if different) e ►� �-h eA n F l- 3 City State Zip Phone kj� �j,ow� Reason for Rental — Type Function E-Mail Address Anticipated Number of Attendees (Must be less than a maximum of 50) SrttoI'L1C1 �� I''IelL'j �, �"Cd-S 12' Co rn 10 lI UU 0rn Requested Date -� _J Time: From To Please answer the following yes or no 1) Are you a resident of Sebastian? 9 es 2) Will there be an admission charge or door charge? N 0 3) Will alcoholic beverages be served? je=, If yes, please provide govt. issued ID proof of age °I I l y , Date of Birth Verified by �V) �' tt Ller ,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 re, in part or full. of the security deposit. ,-, 'Signature of Applicant 42 CITY OF SEBASTIAN 2986 LEISURE SERVICES RECEIPT du. -I O-no Name j�YQ.1'��IStOv rYl_j Cash Date 1 3 25 al, Check n 1 4 7 �►'� slurs f '� �ie�n�v Credit Amount Paid 001001 208001 Sales Tax j 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 v � ke�fio-l� ✓t � L� �e�n t'ev- cam+" ,� J�3etu ra +he kc� p 5D• 00 5 0 JD 0 _ Total Paid 8 7 0 Initials White - DeUt. of Oriain - Yellow - Admin. Svcs - Pink - Aoolicant 43 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE April 23, 2025 t� }�- TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Ron Paul SEBASTIAN SUBJECT Alcohol Beverage Approval — Lachance Family CENTENNIAL CELf0RATION 1914.1014 EXECUTIVE SUMMARY The Lachance family is having a Baby Shower at the Community Center and requests permission to serve alcoholic beverages. RECOMMENDATION Recommend approval. ATTACHMENTS: 1. Staff Report 2. Rental Application 3. Payment Receipt FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 44 all LY SEBAST' ;;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 771.473.0454' Today's Date: � I. L 3_ 5 i fv� O r-c, _ I ,C6 C �� rlV1 LP Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) LI vl q lJ i CCi Physical Address Mailing Address (if different) city State Zip Phone far b*i61 Reason for Rental! Type of Function E-Mail Address J -'4S - SC� Anticipated Number of Attendees (Must be less than a maximum of 50) 70 la C� 2va5 Q,.00-i�).xl rT.an Requested Date t Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? C) 3) Will alcoholic beverages be served? I1°S If yes, please provide govt. issued ID proof of age Z4I 0q (elf Date of Birth Verified by I,'�a"C& �r'V1 40(_o, 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. �. Lflmck ( dY1(.O Signature of Applica t 45 CITY OF SEBASTIAN 2992 LEISURE SERVICES RECEIPT Name �5 C-r-�ZCL� I XC kd-'h C-e-1 Cash Date 4(( ° 1-2— sr >CCheck #D 7/5/fo m _ 7!e0 _*111 J Credit 2� , �, P 06—by Shco V.-IeP_ 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 Amount Paid fJ► v'( � � I �j --�o --fie.. COmmv �ity Ca__kt-C'-- �VOwi. +-y C)10- -7[n �Sei �Vn-t-i1.2 v, ck uj t i 6t, l Total Paid Initials White - Deot. of Oriam • Yellow - Admin. Svcs. • Pink - Anolicant 46 CITY OF SEBASTIAN �OF SEBgs,�i S 0 Z ' PELICN"' EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE April 23, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of the Annual Report from the Natural SUBJECT Resources Board This is the Annual Report of the activities that the Natural Resources Board has undertaken in the past twelve months as well as what they are projecting to accomplish in the upcoming yea r. RECOMMENDATION Staff recommends acceptance of the presentation from the Natural Resources Board /-A9 _Tdl:ILTA 14Zk&N 1. NRB Annual PowerPoint Presentation FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 47 CITY OF SEBASTIAN A Cr OF S E B,qS �I '92 0 Z ' PELICP" CITY COUNCIL STAFF REPORT DATE March 31, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Wayne Eseltine Building Director First Reading and Consideration of Ordinance 0-25- 09 Amending the Code of Ordinances of the City of Sebastian, Chapter 30 — relating to Businesses - in SUBJECT order to comply with revisions of the Florida Statutes and providing for adoption upon Second Reading on May 28, 2025 EXECUTIVE SUMMARY It has been brought to Staff's attention that there is conflicting language between the City Code of Ordinance Article II Licensing and Florida Statute §205.0555, relating to exemptions and business tax receipts contained in Chapter 30. Title of Article II -Licensing contained in the City's Code, which is actually in reference to Local Business Tax Receipts. Due to the changes needed to comply with the revisions to FS §205.055, Staff also made suggested revisions to clarify that the appropriate City Department is the Building Department as related to Business Tax Receipts. This Ordinance is being recommended for approval by Staff in order to comply with the provisions of Florida law, and therefore Staff recommends approval of the adoption of Ordinance Number 0-25-09 after two public readings. RECOMMENDATION Staff recommends approval of proposed Ordinance 0-25-09 with a second reading and adoption hearing scheduled for May 28, 2025. ATTACHMENTS: 1. Staff Report 2. Ordinance 0-25-09 3. Business Impact Estimate Exemption FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A Additional Funds Needed: $ 0.00 58 ORDINANCE NO.O-25-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY AMENDING CHAPTER 30 — BUSINESSES, AMENDING THE TITLE OF ARTICLE II TO READ "LOCAL BUSINESS TAX RECEIPTS"; AMENDING SECTION 30-30 TO DESIGNATE ADMINISTRATIVE AUTHORITY TO THE DIRECTOR OF THE BUILDING DEPARTMENT; AMENDING SECTION 30-35 TO DESIGNATE ADMINISTRATIVE AUTHORITY TO THE DIRECTOR OF THE BUILDING DEPARTMENT; AMENDING SECTION 30-37 - LIST OF EXEMPTIONS IN ORDER TO COMPLY WITH FS §205.055 AS RELATED TO VETERANS AND QUALIFIED LOW INCOME APPLICANTS; AMENDING SECTION 30-40 TO DESIGNATE ADMINISTRATIVE AUTHORITY THE DIRECTOR OF BUILDING DEPARTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Chapter 205, as amended from time to time, entitled "Local Business Taxes," sets forth the applicable regulations relating to the issuance of local business taxes and fees; and WHEREAS, Florida Statute §205.055 sets forth certain exemptions from business taxes and fees under Florida law; and WHEREAS, the City of Sebastian Code of Ordinances, Article II Licensing, Chapter 30. Title of Article II -Licensing currently sets forth the exemptions and business tax receipts; and WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public interest to modify and update certain provisions of the code relating to business tax receipts; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose by: promoting benefits through exemptions to veterans and qualified low- income applicants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. 1 59 Section 2. Textual Amendment. The City Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: AMENDMENT 1: Chapter 30 BUSINESSES' ARTICLE L IN GENERAL ARTICLE IL LOCAL BUSINESS TAX RECEIPT Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person desiring to obtain a license under the provisions of this article. Business means any activity, enterprise, profession or occupation performed or engaged in by any person for gain, benefit, advantage or livelihood, and shall include all such activities or enterprises whether performed in one or more establishments by one or more organizational units, including departments of an establishment operated through leasing arrangements. For purposes of this article, a business not -for -profit shall be included within the terms of this definition unless otherwise exempted. Chief executive officer means the city manager and/or his designee. Classification means the business a person has been designated to fall within under the schedule provided for in this article. Contractor means any person: (1) Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of building materials; (2) Accepting or offering to accept orders or contracts to do any paving or curbing on sidewalks or streets, public or private property, requiring the use of appropriate materials or any compositions; (3) Accepting or offering to accept orders or contracts to excavate earth, rock or material for foundations or any purpose; (4) Accepting or offering to accept orders or contracts for building, remodeling, repairing, wrecking, razing or demolishing any structure; (5) Accepting or offering to accept orders or contracts for moving any building; or (6) Accepting or offering to accept orders or contracts for the installation, maintenance or repair of signs, air conditioning apparatus or equipment; whether such work is done or offered to be done by day labor, general contractor or subcontractor. Every person 60 engaged in the business of accepting or offering to accept orders for contracts for doing any work on or in a building or premises, involving erecting, installing, altering, repairing, servicing or maintaining electrical lines, shall be deemed to be an electrical contractor. Every person engaging in the business of plumber or steamfitter shall be deemed to be a contractor. Every person engaged in the business of creating a building for the purpose of selling or renting such building, and making no contract with a duly licensed contractor for the erection of such building, whether or not such person contracts with one or more duly licensed contractors for one or more portions but does not contract with any one person for all the work of erecting any one of such buildings, shall be deemed to be a contractor if he shall build more than any one house in any one year. Farmer means those described in F.S. § 205.064. Local business tax means those charges established by the city council contained within the schedule of this article, as such charges may be amended from time to time by ordinance, and promulgated pursuant to the authority conferred upon the city by F.S. Ch. 205, or any successor thereto, for the privilege of doing business in the city. Professional shall be any person whose occupation requires special and advanced education or skill, such as attorneys, physicians and dentists; and any person who offers services regulated by state or federal government who is required to demonstrate some level of competency as a condition to offering personal services. A person "offers services" for purposes herein if that person provides service directly to the customer client of the business in which that person is employed; if the person's labor is intended to directly benefit such customers or clients; or if that person is a principle in the business. Receipt means the document that is issued by the local governing authority which bear the words "Local Business Tax Receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this article relating to the business tax. Temporary means to operate a business for a period of five days or less. Transitory means to be passing through or operating for a single purpose and not operating on a temporary basis. Sec. 30-28. Persons subject to local business tax. A tax for the privilege of engaging in or managing any business within the city is hereby levied on: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such tax is not prohibited in Section 8 of Article 1 of the United States Constitution. 3 61 Sec. 30-29. Required. No person shall engage in any activities for which a local business tax receipt is required by this article, unless such person has a valid local business tax receipt issued by the city. No person shall knowingly make a false statement in the local business tax receipt application as to conditions or facts upon which the fee is based. AMENDMENT 2: Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business taxed or to be taxed, the director of the building department shall decide the proper classification with the right of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. Sec. 30-31. Term of local business tax receipt; when tax due; delinquencies. (a) All local business tax receipts shall be sold by the city beginning July 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Local business tax receipts that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local business tax receipt, if required, is subject to a penalty of 25 percent of the tax due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required local business tax within 150 days after the initial notice of tax due, and who does not obtain the required local business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. (d) Any person who knowingly makes a false statement in the local business tax receipt application as to conditions or facts upon which the tax is based is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collections efforts, and a penalty of up to $250.00. (e) Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the local business tax receipt for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. Page 4 of 8 62 Sec. 30-32. Separate local business tax receipt for each business; falling into more than one classification. A separate local business tax receipt shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any business for which a local business tax receipt is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. When any occupation, business or profession shall fall into more than one of the classifications contained in the schedule set forth in section 30-51, such occupation, business or profession shall comply with the requirements of each classification. Sec. 30-33. Change of location; transfer of local business tax receipt to new owner; duplicate local business tax receipts; fees. Upon presentation of the original local business tax receipt, any tax receipt may be transferred from one location in the city to another location within the city upon completion of an application and payment of a transfer fee of ten percent of the annual tax, but not less than $3.00. A local business tax receipt may be transferred to a new owner when there is a bona fide sale of a business upon payment of a transfer fee of ten percent of the annual tax, but not less than $3.00, and presentation of evidence of the sale and the original local business tax receipt. Duplicate receipts shall be issued upon written request and upon payment of a duplicate fee of ten percent of the annual license tax, but not less than $3.00. Sec. 30-34. Half -year tax. The tax for new licenses issued from April 1, through September 30, shall be one-half the regular annual tax. AMENDMENT 3: Sec. 30-35. Applications. (a) All applicants for local business tax receipts shall submit their applications to the director of the building department not less than two weeks prior to the commencement of the proposed activity or function. (b) Any person applying for a local business tax receipt to practice any profession regulated by the department of business and professional regulation, or any board or commission thereof, must provide proof of an active state certificate, registration, or license, or issuance of the same. (c) Any person applying for a local business tax receipt or a transfer of an existing local business tax receipt must present a copy of the applicant's current fictitious name registration issued by the state division of corporations or a written statement signed by the applicant setting forth the reason that the applicant need not comply with the Fictitious Name Act. (d) Any person applying for a local business tax receipt to operate a pharmacy must exhibit a current permit issued by the board of pharmacy. A local business tax receipt is not required in order to practice the profession of pharmacy. 63 (e) Any person applying for a local business tax receipt who will be operating a business subject to state and/or federal regulations shall furnish proof of licenses and/or permits and/or letter(s) of exemption to operate same. Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence of the engaging in and carrying on of the business in the city so advertised and shall be required to obtain a local business tax receipt. AMENDMENT 4: Sec. 30-37. Exemptions. (a) Any person entitled to exemption under the laws of the State of Florida and the Florida Statutes, as amended from time to time, shall be exempt from payment of the local business tax to the city. If a tax exemption provision applies, a local business tax receipt must still be applied for and approved. (b) The payment of a local business tax shall not be required for the following: (1) A veteran of the United States Armed Forces who has been honorably discharged upon separation from service, or the spouse or un-remarried surviving spouse of such a veteran. (2) The spouse of an active -duty military servicemember who has relocated to the city pursuant to a permanent change of station order. (3) A person receiving assistance as defined in FS 409.2554. (4) A person whose household income is below 130 percent of the federal poverty level based on current year's federal poverty guidelines. (c) A person must complete and sign, under penalty of perjury, a Request for Fee Exemption provided by the Building Department and provide written documentation in support of his or her request for an exemption under subsection (1-4). (d) If a person who is exempt under subsection (1-4) owns a majority interest in a business with fewer than 100 employees, the business is exempt. Such person must complete and sign, under penalty of perjury, a Request for Fee Exemption provided by the Building Department and provide written documentation in support of his or her request for exemption for the business under this subsection. (e) Nothing in this article shall be construed to require any farmer to procure a local business tax receipt to sell farm, aqua cultural, grove, horticultural, floricultural, tropical piscultural or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine or beer, within the city, if such products were grown or produced by such farmer within the state. (f) No local business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the proceeds are used exclusively for the organization. 64 (g) Any person engaging in or managing a business, profession or occupation regulated by the department of business and professional regulation who has a permanent business location or branch office outside the city, who has paid a local business tax for the current year to the county or municipality where such permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The director of growth management shall send out annual renewal notices to all holders of a local business tax receipt no later than July 1. Failure to receive such notice will not be considered a justifiable defense for nonpayment of any tax or late fee. Sec. 30-39. Duty of officers, agents of corporation; individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all officers of any corporation required by this article to pay the local business tax shall be personally subject to the penalties imposed by this article where any corporation fails to pay the tax and obtain a tax receipt required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesperson or broker affiliated with such firm complies with timely payment of the individual tax as specified in this article. Failure to do so will subject the firm to fines as may be imposed by this Code. AMENDMENT 5: Sec. 30-40. Duty of director of the building department to keep records. The director of the building department shall keep a complete record of all local business tax receipts issued, showing the nature of the local business tax receipt, the date of issuance, the date of expiration and to whom it was issued. Section 4. Conflicts. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the Ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 3. Severability. In the event that a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the Sebastian City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. 65 Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of May, 2025. ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK CITY OF SEBASTIAN, FLORIDA LIM BOB MCPARTLAN, MAYOR Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY 66 Online Sunshine Select Year: 2024 � FG7o The 2024 Florida Statutes (including 2025 Special Session Q Title XIV Chanter 205 View Entire Chanter TAXATION AND FINANCE LOCAL BUSINESS TAXES 205.055 Exemptions; veterans, spouses of veterans and certain servicemembers, and low-income persons.— (1) The following persons are entitled to an exemption from a business tax and any fees imposed under this chapter: (a) A veteran of the United States Armed Forces who was honorably discharged upon separation from service, or the spouse or unremarried surviving spouse of such a veteran. (b) The spouse of an active duty military servicemember who has relocated to the county or municipality pursuant to a permanent change of station order. (c) A person who is receiving public assistance as defined in s. 409.2554. (d) A person whose household income is below 130 percent of the federal poverty level based on the current year's federal poverty guidelines. (2) A person must complete and sign, under penalty of perjury, a Request for Fee Exemption to be furnished by the local governing authority and provide written documentation in support of his or her request for an exemption under subsection (1). (3) If a person who is exempt under subsection (1) owns a majority interest in a business with fewer than 100 employees, the business is exempt. Such person must complete and sign, under penalty of perjury, a Request for Fee Exemption to be furnished by the local governing authority and provide written documentation in support of his or her request for an exemption for the business under this subsection. History.—s. 1, ch. 2018-80; s. 24, ch. 2018-118. Copyright © 1995-2025 The Florida Legislature • Privacv Statement • Contact Us 67 Business Impact Estimate Exemption ORDINANCE NO. 0-25-09 An Ordinance of the City of Sebastian, Florida, Amending Code of Ordinance Article II -Licensing. Amending the Title of Article II; amending Section 30.37 Exemptions to be in compliance with Florida Statutes; amending various sections as needed to reference the proper city department in responsible charge of business tax receipts. If one or more boxes are checked below, City has determined is not required by state law* for the proposed ordinance, because the ordinance meets one or more of the following: ❑x The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: ❑ a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; ❑ b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; ❑ c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or ❑ d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. *See Section 166.041(4)(c), Florida Statutes. 68 CITY OF SEBASTIAN A Cr OF S E B,qS �I '92 0 Z ' PELICO" EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE April 23, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director Consideration of an Interlocal Agreement between Indian River County, Sebastian Community SUBJECT Redevelopment Agency and the City of Sebastian for the installation sewer of service within the Sebastian Community Redevelopment Agency's District. At the direction of the Sebastian City Council, Staff has been working in partnership with Indian River County in order to improve the health of the Indian River Lagoon and reduce the nutrient loads that have the potential of seeping into the Indian River Lagoon. Staff has been presented with a draft Interlocal Agreement for every property within the City's Community Redevelopment District to connect to the central sewer system. Implementation of this project will bring the City one step closer to eliminating septic tanks within the City limits, as required by Florida Statutes by July 1, 2030. In accordance with the 2023 adopted CRA Master Plan, one of the major themes identified in the adopted plan is infrastructure and drainage in the Community Redevelopment District, specifically: septic to sewer conversion as a recommended strategy. RECOMMENDATION Staff recommends approval of the Interlocal Agreement with Indian River County for the installation of sewer service within the Community Redevelopment Agency's District. ATTACHMENTS: 1. Interlocal Agreement 2. Exhibit 1 Project Map 3. Exhibit 2 Ma erial List for Easement Properties 4. Exhibit 3 Material List for ROW Properties FUNDING SOURCE: Expenditure required $100,000 Additional Funds Needed Amount Budgeted: Funding source 0 General Fund Reserves $ 0.00 Use of General Fund Reserves approved by City Council at the December 11t", 2024 meeting 69 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, THE CITY OF SEBASTIAN AND SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY REGARDING THE INSTALLATION OF UTILITY INFRASTRUCTURE WITHIN THE SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered the last date signed below by the parties, between the Indian River County Board of County Commissioners (hereinafter the "County") the City of Sebastian, a municipal corporation of the State of Florida (hereinafter the "City"), and the Sebastian Community Redevelopment Agency, a dependent special district of the City of Sebastian, (hereinafter "CRA"), or collectively "CITY/CRA" to outline the cooperation of the County, the City and the CRA with respect to a sewer main installation program to facilitate septic to sewer conversions within the boundaries of the CRA. WITNESSETH: WHEREAS, Florida Statutes, Chapter 163, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Florida Statutes, Chapter 166, "Municipalities", § 166.021, "Powers", authorizes the City to exercise any power for municipal purposes, except when expressly prohibited by law, and WHEREAS, Florida Statutes, Chapter 125, "Counties," § 125.01, "Powers and duties" authorize the County the power to carry on county government to the extent not inconsistent with general or specific law; and WHEREAS, in 1995, the City of Sebastian and Indian River County executed an Interlocal Agreement (ILA) that provided the County the affirmative duty to supply water and wastewater services within the incorporated area of the City in exchange for valuable consideration; and WHEREAS, Section 4. Duties and Responsibilities of the County, (a)(4) of the ILA establishes the manner in which the County will provide water and wastewater service; and WHEREAS, Section 6.08. Concurrency; System Expansion, subsection (4), of the ILA provides, "The County will provide wastewater service ... if the City requests such service in writing, and the County has the wastewater treatment capacity available and a financing plan approved by the City and County is developed for providing such service; and WHEREAS, in 2023, Florida Statute §373.469 was enacted by the State of Florida, requiring that onsite sewage treatment and disposal systems (OSTDS) located within Central Indian River Lagoon Basin Management Action Plan Area connect to central sewer if available by July 1, 2030, or upgrade conventional OSTDS to enhanced nutrient -reducing onsite sewage treatment and disposal system (ENR-OSTDS); and Page 1 of 8 70 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 2 of 8 WHEREAS, Indian River County is located with the Central Indian River Lagoon Basin Management Action Area; and WHEREAS, Indian River County provides water and sewer services to surrounding communities, including the City's CRA, through its Department of Utility Services; and WHEREAS, the CRA is authorized pursuant to § 163.362, Florida Statutes to identify and plan capital projects within the designated community redevelopment areas; and WHEREAS, the CRA's Community Redevelopment Plan establishes water and sewer infrastructure may require upgrades within the CRA; and WHEREAS, the City's Comprehensive Plan EDE Policy 9-1.1.3, provides incentives that will be provided to new and expanding business, more specifically, use of CRA funds to reduce the cost of water and sewer connection; and WHEREAS, the City, the CRA, and the County are working diligently to comply with the provisions of Florida Statute §373.469; and WHEREAS, the City, the CRA, and the County are committed to working together to address the aforementioned issues through joint cooperation in order to provide the greatest benefit in the shortest period of time in order to serve the public interest. NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County, the City and the CRA agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect until project completion, unless terminated by the Parties pursuant to the procedure set forth herein. (b) This Agreement shall be in effect from the date it is fully executed until the completion of the below terms unless otherwise terminated as outlined herein. (c) This Agreement may be terminated by the City/CRA or County, only for good cause shown, upon ninety (90) days' written notice to the other party. (d) Written notice of proposed termination shall be provided as outlined herein. 71 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 3 of 8 (e) The Parties agree that they will meet -and -confer, in good faith, in a duly noticed public meeting under Florida law, to address the concerns of the other party prior to any official legal action being taken by either governing body as outlined by Florida law but notwithstanding, neither Party waives any right to any legal remedy available under Florida law. (f) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. (g) The intent of Exhibit 1 is to showcase all construction locations required to facilitate connection availability for all parcels within the Community Redevelopment Agency. If due to scriveners errors an account or parcel is incorrectly shown within the exhibit the City and County will work together to ensure connectivity options for all segments of the CRA. SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY/CRA (a) Services: 1) The City/CRA will assist Indian River County in their efforts in obtaining necessary easements to complete the scope of work referenced in Exhibit 1. 2) Easements must be a public utility easement that will enable the County to install and maintain the necessary sewer infrastructure. 3) The City/CRA and the County agree that in order to obtain the necessary easements, a joint letter on behalf of the utility will be sent to Owners to initiate the project. 4) The City/CRA understands that the County will be unable to complete the entirety of the work without the necessary easements as delineated in Exhibit 1. 5) The City/CRA will provide County with a priority list of work to be performed, identifying areas ready for commencement prior to the execution of this agreement. 6) The City/CRA will coordinate with the County and be responsible for notifying residents and businesses of upcoming project work and road closures. 7) The County will keep the City/CRA informed of schedules, construction timelines, or project updates on a weekly basis. (b) Payment: The City agrees to be responsible for the costs of materials, in an amount of up to $100,000.00 (based on the estimate developed in February 2024) related to the project as identified in Exhibits 2 and 3. INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 4 of 8 (c) Change Orders/Increases: In accordance with Section 4(a)(3) below, the City/CRA agrees to timely evaluate and consider any material costs increases over the originally estimated $100,000 for materials. The City will provide its concurrence with the potential change order in writing prior to the County proceeding with the work. (d) Notifications: The City will take the lead in notifying the community of the upcoming work and the commensurate responsibilities of the property owners to install the private - side infrastructure necessary to connect them to the County's system through a joint letter and any other means deemed prudent by City/CRA. SECTION 4. DUTIES AND RESPONSIBILITIES OF THE COUNTY (a) Services: 1) The County will procure and provide for installation of all needed materials and completion for connecting the properties listed in Exhibit 1 to the County water and/or sewer system. 2) The County agrees that the material costs paid for by the City will represent the entire cost to the City/CRA for installation of the infrastructure in an amount of up to $100,000.00. 3) Detailed initial costs estimate shall be provided to City/CRA once obtained. If costs should change beyond the initial estimate of $100,000.00 before beginning the project, the County shall provide detailed cost adjustments to the City for their consideration before proceeding. 4) The County agrees to waive any connection fees the individual homes and businesses as a reflection of the cost of materials being covered and paid for by the City. 5) Property owners will be responsible for any standard impact fees related to connecting from the sewer line to the individual homes and businesses. (b) Timeframe: Project will begin within 60 days of this agreement becoming effective. The County agrees to work diligently to complete the work as schedules allow. The parties agree that there is no specific timeline and both parties will work in an expeditious manner to complete. The County further agrees to complete the work according to the priority list as provided by the City. (c) Reporting: Indian River County Department of Utilities Services will prepare a Quarterly Report provided to the elected bodies of all jurisdictions. The Quarterly Report shall generally include an update on what projects have been completed, what projects are underway, and the timeline for projects scheduled for the future. Additionally, the report shall include an accounting for all expenses incurred and identify any needs that may exist. 73 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 5 of 8 (d) Inspection: The County will be responsible for inspection and approval of the private -side connections prior to the residence or business completing the sewer connection. (e) Maintenance and Central IRL BMAP: As projects are completed, the County shall be responsible for maintaining the system and treating wastewater. The County and the City shall share Total Maximum Daily Load removal credits commensurate with each jurisdiction's cost incurred during the project construction phase. The City and County will work together to quantify load reductions related and applicable to the Central Indian River Lagoon Basin Management Action Plan. The City/CRA and County will track and provide a final accounting of direct and indirect expenses for the project for the purpose of determining the proportionate fair share of BMAP credits. SECTION 5. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: Cam: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 with a copy to the City Attorney; and Coun County Administrator Indian River County 180127�' Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney. The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. (b) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 6. SOVEREIGN IMMUNITY. Nothing contained herein or in any instruments executed pursuant to this Agreement shall be construed as a waiver or attempted waiver by the County or the City/CRA of their sovereign immunity as it presently exists under the Florida Constitution and the laws of the State of Florida and as outlined in Florida Statute §768.28. 74 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 6 of 8 SECTION 7. BUSINESS RELATIONSHIP. The City and the County are not partners or joint ventures or agents of each other for any activities pursuant to this Agreement, and no such relationship between them shall be deemed to exist by virtue of this Agreement. SECTION 8. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, singular or plural, as the identity of the party or parties may require. The Parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 9. MERGER/MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written, unless the provisions of the parol evidence rule apply. SECTION 10. GOVERNING LAW/ VENUE/WAIVER OF JURY TRIAL. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. In the event of litigation, the parties expressly waive any right to a trial by jury. SECTION 11. CONFLICTS. To the extent of any conflict between this Agreement and any existing City, CRA, or County agreement or Interlocal agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing City or Indian River County Ordinance. This Agreement is not intended to supersede, replace or conflict with any terms or relieve either party of any obligations under the underlying existing Interlocal agreement relating to Water and Wastewater entered into by the Parties. 75 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 7 of 8 SECTION 12. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 13. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The City/CRA and the County shall share evenly in the costs of recordation of this Agreement. SECTION 14. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by § 163.01(11), Florida Statutes. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW 76 INTERLOCAL AGREEMENT (Utility Infrastructurewithin CRA) Page 8 of 8 APPROVED this day of April, 2025. INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Joseph Flescher, Chairman ATTEST: Ryan Butler, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency. By: Christopher Hicks, Assistant County Attorney CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Bob McPartlan, Mayor ATTEST: By: Jeanette Williams, City Clerk APPROVED: By: Brian Benton, City Manager Approved as to forin and legal sufficiency. By: Jennifer Cockcroft, City Attorney CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY, a dependent special district of the State of Florida. By: Bob McPartlan, Chairman ATTEST: By: Jeanette Williams, CRA Clerk Approved as to form and legal sufficiency. By: Jennifer Cockcroft, CRA Attorney 77 S2S Projects Where Easements Are Required EXHIBIT 2 #E1 11515 OLD DIXIE HWY ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 400 $6.25 $2,500.00 # 713 6"X4" TAPPING SLEEVE EA 1 $655.32 $655.32 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1331 4"X2" MJ TAP PLUG EA 1 $56.09 $56.09 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $5,363.37 #E2 CLEVELAND STREET ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 2 $16.40 $32.80 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 TOTAL $2,625.11 79 S2S Projects Where Easements Are Required #E3 1016 INDIAN RIVER DRIVE ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EA 1 ESTIMATED $1,100.00 $1,100.00 # 10 4" TAPPING VALVE EA 1 $776.85 776.85 # 1331 4"X2" TAP PLUG EA 1 $56.09 $56.09 # 731 4" MJ KIT EA 1 $19.64 $19.64 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $4,577.69 #E4 1137 US-HWY 1 ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 12" X 4" TAPPING SLEEVE EA 1 ESTIMATED $1,200.00 $1,200.00 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 # 8 GATE VALVE MJ X MJ EA 1 $615.79 $615.79 # 1199 4" P-401 90 DEGREE MJ FITTING EA 4 $235.66 $942.64 # 1578 4" MEGA LUG PVC EA 10 $31.27 $312.70 # 731 4" MJ KITS EA 10 $19.64 $196.40 # 1122 4" DR 18 C900 GREEN PIPE LF 680 $7.18 $4,882.40 # 1955 LOCATE WIRE/GREEN EA 2 $223.08 $446.16 # 1950 LOCATE MAIN TAPE/SEWER EA 2 $34.93 $69.86 # 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 # 1151 VALVE BOX EA 2 $143.92 $287.84 #1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1943 80 LB BAGS OF CONCRETE EA 8 $9.39 $75.12 # 460 4" VALVE BRASS MEDALLION EA 2 $16.40 $32.80 TOTAL $10,302.77 80 S2S Projects Where Easements Are Required #E5 1527 INDIAN RIVER DRIVE ITEM # MATERIAL # 111 2" SDR 9 PEX-A POLY NON -CONTRACT 10" X 4" TAPPING SLEEVE # 10 4" TAPPING VALVE # 1331 4" X 2" MJ TAP PLUG # 365 2" BRASS ADAPTOR MALE X GRIP # 1 2" NUT VALVE FEMALE X FEMALE # 1955 LOCATE WIRE/GREEN # 1151 VALVE BOX # 1153 VALVE BOX LID/SEWER # 895 2" S.S. INSERTS # 1157 WIRE PORTS # 1943 80 LB BAGS OF CONCRETE # 460 4" VALVE BRASS MEDALLION # 458 2" VALVE BRASS MEDALLION # 731 4" MJ KITS #E6 1613 US-HWY 1 ITEM # NON -CONTRACT #10 # 1331 # 365 # 731 # 895 # 111 # 1955 # 1151 # 1153 # 1157 # 1943 #1 # 460 # 458 UNIT CITY COST TOTAL LF 400 $6.25 $2,500.00 EA 1 ESTIMATED $1,100.00 $1,100.00 EA 1 $776.85 $776.85 EA 1 $56.09 $56.09 EA 2 $62.75 $125.50 EA 1 $375.79 $375.79 EA 1 $223.08 $223.08 EA 2 $143.92 $287.84 EA 2 $53.94 $107.88 EA 2 $2.08 $4.16 EA 2 $71.47 $142.94 EA 8 $9.39 $75.12 EA 1 $16.40 $16.40 EA 1 $16.40 $16.40 EA 1 $19.64 $19.64 MATERIAL I UNIT I CITY 12" X 4" TAPPING SLEEVE EA 1 4" TAPPING VALVE EA 1 4" X 2" MJ TAP PLUG EA 1 2" BRASS ADAPTOR MALE X GRIP EA 2 4" MJ KIT EA 1 2" S.S. INSERTS EA 2 2" SDR 9 PEX-A POLY I LF 100 LOCATE WIRE/GREEN EA 1 VALVE BOX EA 2 VALVE BOX LID/SEWER EA 2 WIRE PORT EA 2 80 LB BAGS OF CONCRETE EA 8 2" NUT VALVE FEMALE X FEMALE EA 1 4" VALVE BRASS MEDALLION EA 1 2" VALVE BRASS MEDALLION EA 1 TOTAL $5,827.69 COST I TOTAL ESTIMATED $1,200.00 $1,200.00 $776.85 $776.85 $56.09 $56.09 $62.75 $125.50 $19.64 $19.64 $2.08 $4.16 $6.25 $625.00 $223.08 $223.08 $143.92 $287.84 $53.94 $107.88 $71.47 $142.94 $9.39 $75.12 $375.79 $375.79 $16.40 $16.40 $16.40 $16.40 TOTAL $4,052.69 GRAND TOTAL $32,749.32 81 S2S Projects in Existing Right of Way EXHIBIT 3 #1 North Central Gravity Main Install ITEM # MATERIAL 1106 8" SDR 26 Green Pipe 1105 6" SDR 26 Green Pipe 1073 8" Sanded Grout Collar 1064 8" X 6" SDR 26 GxG WYE 1068 6" X 4" SDR 26 GxGxG DBL WYE 1950 Gravity Main Locate Tape ???? Concrete Manhole #2 Jefferson Street ITEM # I MATERIAL NON -CONTRACT 10"X4" TAPPING SLEEVE 10 4" TAPPING VALVE 1331 4"X2" TAP PLUG 731 4" MJ KIT 365 2" BRASS ADAPTOR MALE X GRIP 1151 VALVE BOX 1153 VALVE BOX LID / SEWER 1955 GREEN LOCATE WIRE 111 2" SDR 9 PEX-A POLY 895 2" S.S. INSERTS 1943 80 LB BAG OF CONCRETE 1157 TRACE WIRE PORT 1 2" NUT VALVE THREAD X THREAD 458 BRASS MEDALLION 2" VALVE 460 BRASS MEDALLION 4" VALVE UNIT I QTY I COST I TOTAL LF 350 $15.04 $5,264.00 LF 84 $8.32 $698.88 EA 1 $70.95 $70.95 EA 2 $63.36 $126.72 EA 2 $50.02 $100.04 EA 1 $34.93 $34.93 EA 1 N/A N/A TOTAL - WITHOUT MANHOLE $6,295.52 UNIT I CITY I COST I TOTAL EA 1 ESTIMATED $1,100.00 $1,100.00 EA 1 $776.85 $776.85 EA 1 $56.09 $56.09 EA 1 $19.64 $19.64 EA 2 $62.75 $125.50 EA 2 $143.92 $287.84 EA 2 $53.94 $107.88 EA 1 $223.08 $223.08 LF 100 $6.25 $625.00 EA 2 $2.08 $4.16 EA 8 $9.39 $75.12 EA 2 $71.47 $142.94 EA 1 $375.79 $375.79 EA 1 $16.40 $16.40 EA 1 $16.40 $16.40 TOTAL $3,952.69 82 S2S Projects in Existing Right of Way #3 WASHINGTON STREET ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EA 1 ESTIMATED 1,100.00 � �S1 100.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 1331 4"X2" TAP PLUG EA 1 *.09 $56.09 731 4" MJ KIT EA 1 $19.64 �19.64 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 1151 VALVE BOX EA 2 $143.92 $287.84 f 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 895 2" S.S. INSERTS EA 2 $2.08 �4.16 1943 80LB BAGS OF CONCRETE EA 8 $9.39 $75.12 1157 TRACE WIRE PORTS EA 2 $71.47 $142.94 1 2" NUT VALVE THREAD X THREAD EA 1 $375.79 $375.79 458 BRASS MEDALLION 2" VALVE EA 1 $16.40 �16.40 460 BRASS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $4,577.69 #4 SEBASTIAN BLVD & SOUTH WIMBROW DRIVE ITEM # MATERIAL UNIT CITY COST TOTAL 680 404 111 895 4"X2" SADDLE 2" BRASS BALL CORP MALE X GRIP 2" SDR 9 PEX-A POLY 2" S.S. INSERTS EA EA LF EA 1 1 300 2 1�4.90 209.23 $6.25 $2.08 $134.90 $209.23 $1,875.00 $4.16 365 2" BRASS ADAPTOR MALE X GRIP EA 1 $62.75 $62.75 1 2" NUT VALVE THREAD X THREAD EA 1 I �375.79 $375.79 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 1157 TRACE WIRE PORT EA 1 571.47 S71.47 1151 VALVE BOX EA 1 �J_43.92 5143.92 1153 VALVE BOX LID/SEWER EA 1 $53.94 $53.94 458 ( BRASS MEDALLION 2" VALVE EA 1 $16.40 $16.40 TOTAL $3,208.20 83 S2S Projects in Existing Right of Way #5 LOUISIANA AVE BETWEEN 512 ITEM# MATERIAL UNIT CITY COST TOTAL 8 4" GATE VALVE MJ X MJ EA 1 $615.79 $615.79 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 731 4" MJ KITS EA 3 $19.64 $58.92 1578 4" MEGA LUGS PVC EA 2 $31.27 $62.54 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 1950 SEWER LOCATE TAPE EA 1 $34.93 $34.93 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID / SEWER EA 1 $53.94 $53.94 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 1122 4" DR 18 C900 GREEN PIPE LF 560 $7.18 $4,020.80 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 460 BRAS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $5,552.74 #6 HIGH STREET & TAFT STREET AREA ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 20"X4" TAPPING SLEEVE EA 1 ESTIMATED $2,500.00 $2,500.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 8 4" GATE VALVE MJ X MJ EA 2 $615.79 $1,231.58 1307 4" MJ SOLID PLUG EA 2 $30.51 $61.02 1199 4" 90 DEGREE P-401 MJ X MJ EA 2 $235.66 $471.32 1187 4" 45 DEGREE P-401 MJ X MJ EA 2 $217.95 $435.90 1479 4"X4" TEE P-401 MJ X MJ EA 1 $267.15 $267.15 731 4" MJ KITS EA 16 $19.64 $314.24 If 1578 4" MEGA LUG PVC EA 14 $31.27 $437.78 1602 4" BELL RESTRAINTS EA 10 $45.72 $457.20 If 1950 SEWER LOCATE TAPE EA 2 $34.93 $69.86 1955 GREEN LOCATE WIRE EA 4 $223.08 $892.32 1943 80LB BAGS OF CONCRETE EA 12 _ $9.39 $112.68 1151 VALVE BOX EA 3 $143.92 $431.76 1153 VALVE BOX LID / SEWER EA 3 $53.94 $161.82 1122 4" DR 18 C900 GREEN PIPE LF 1800 $7.18 $12,924.00 1157 TRACE WIRE PORT EA 3 $71.47 $214.41 460 BRASS MEDALLION 4" VALVE EA 3 $16.40 $49.20 TOTAL $21,809.09 84 S2S Projects in Existing Right of Way # 7 OLD DIXIE HWY - SOUTH OF 512 ITEM # MATERIAL UNIT CITY COST TOTAL 1122 4" DR 18 C900 GREEN PIPE LF 700 $7.18 $5,026.00 8 4" GATE VALVE MJ X MJ EA 1 $615.79 $615.79 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 731 4" MJ KITS EA 3 $19.64 $58.92 1578 4" MEGA LUG PVC EA 4 $31.27 $125.08 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 1950 SEWER LOCATE TAPE EA 1 $34.93 $34.93 1955 GREEN LOCATE WIRE EA 2 $223.08 $446.16 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID / SEWER EA 1 $53.94 $53.94 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 460 BRASS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $6,843.56 ESTIMATED GRAND TOTAL $52,239.49 85 CITY OF SEBASTIAN OF S E B,qS �I �2 0 Z ' PELICP' CITY COUNCIL STAFF REPORT DATE April z3, zoz5 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager Requesting City Council waive the competitive sealed bidding requirements and authorize Coleman Fire SUBJECT Protection, LLC to install Law Enforcement Dock Hose Stations. EXECUTIVE SUMMARY The City of Sebastian's Procurement Division issued a solicitation to install Law Enforcement Dock Hose Stations, and no bids were received. This is the second project the City has issued for the installation/replacement of dock hose stations where contractors did not attend the pre -bid meeting and no bids were received. As this project is critical to ensure the Law Enforcement Vessel can be safely docked, the Procurement Division decided that re -issuing the solicitation was not in the City's best interest. Instead, the Procurement Division requested a quote from Coleman Fire Protection, LLC. Coleman Fire Protection installed the Working Waterfront Dock Hose Stations. Due to the critical nature of this project and failed attempts to obtain quotes through a competitive solicitation, staff requests City council waive the formal sealed bid requirement. City Code of Ordinances Section z-so (b)(4) requires formal sealed bids and city council authorization for purchases over $75,000.ol. However, per Section 2-10 (h), City Council may waive the provisions of ordinance z-so and authorize the purchase of any goods or services without competitive bidding or waive bidding requirements. The project is funded through a FIND Grant and the CRA operating budget. Before the request can be taken to the CRA Board for approval to spend funds, the Procurement Division needs the formal sealed bid requirements referenced in Section 2-so(b)(4) waived. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that City Council waive the competitive sealed bidding requirements and authorize Coleman Fire Protection, LLC to install Law Enforcement Dock Hose Stations. ATTACHMENTS: 1. Extraordinary Procurement Certification 2. Coleman Fire Protection, LLC Quote 86 FUNDING SOURCE: Expenditure required $79,300.00 Additional Funds Needed: $ o.00 Amount Budgeted Funding source 50% FIND Grant ($39, 650) 50% CRA Operating Budget ($39, 650) 87 CITY OF Sf13AST1_AN HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of a required good/service from one source because of City standardization, warranty, or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for purchasing the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: April 11, 2025 TO: Jessica Graham, Procurement/Contracts Manager DEPARTMENT HEAD: Richard Blenkenship DEPARTMENT: Parks and Recreation ❑ Emergency TYPE OF PURCHASE: ✓❑ Single Source ❑ Sole Source PROPOSED VENDOR: Coleman Fire Protection, LLC ITEMS OR SERVICES Instalaltion of dock hose stations REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: The City of Sebastian's Procurement Division issued a solicitation to install Law Enforcement Dock Hose Stations, and no bids were received. This is the second project the City has issued for the installation/replacement of dock hose stations where no bids were received. Since Coleman Fire Protection installed the Working Waterfront Dock Hose Stations, the City reached out for a quote as no other contractors were willing to perform the service. -- ----CERTIFICATIONOFAVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's best interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one source is available or (3) the supplier of the goods/services requested is the sole source supplier. Richard Digi ally signed byntl Blankenship DN —Richard Blankenship, o=Gry of S, Sebastian, ou=Parka and Recreation e` p m.Il=rblankeanshlp@cityfebasben.orgu mute Blankenshiw'n„ F.anann Date: Department Head Si NOW signed by O "„— Jessica Graham Date: 2025.04.11 Approved: 13:52:33-04'00' Date: Jessica Graham, Procurement/Contracts Manager Approved: Date: Brian Benton, City Manager (Rev. 1/2025) �! S. AV I� ,I - 00, -' FIRE PROTECTION LLC Date: April3rd 2025 Customer: Address: Contact: Phone: Proj ect: Location: Owner: City of Sebastian Jim Testa 772-453-9722 PROPOSAL CFP Proposal # Email: Law Enforcement Dock Hose Stations Arch./Eng.: Sheet #'s & Dates: Addenda (list): N/A EOR: 25-2009 (acquire and attach copy — Noti, c o i Commencement) Coleman Fire Protection Inc. (CFP) proposes to furnish materials and labor as specified below at the prices stated below: Allowing CFP to commence work or Preparation for work will constitute acceptance by Customer of this proposal. CFP and Customer will execute an American Institute ofArchitect's A401-1997 subcontract form to memorialize their agreement, supplemented and modified as provided by this Proposal which shall be incorporated by reference into the final subcontract SCOPE OF WORK INCLUDED: CFP to provide Design, Permitting, Materials and Labor to provide the following scope CFP to provide 3 hose stations starting 215 feet +/- from the end of the dock spaced 100 feet +/- apart with the last hose within 50 feet +/- of the end of the dock. The supply piping shall be 3" CPVC secured with stainless material. Piping from the underside of dock to fire hose valves will be schedule 40 galvanized with grove couplings with stainless hardware. CFP to provide 4" UG supply piping to the new FDC located at the street to dock entrance. Hydrants to be provided by others PRICING IS BASED UPON: 1. This proposal is subject to acceptance by Buyer for thirty (30) days, after which time, at the option of the Seller, it becomes null and void due to material market increases coming out monthly. 2. This pricing is strictly based on working during normal working hours and day's night work, and weekend work is not provided. 3. Demo of existing piping is excluded. NOTE: Attachments referenced by project name and CFP proposal # and dated, shall be incorporated completely as if written herein. However, excluding: ❑ Failure of existing system during Fill -up or damage as result thereof. ❑ Electrical wiring Electrical Demo of any kind ❑ Raising of piping ❑ Relocating of piping ❑ Fire Watch to be provided by others ❑ Shutdown Fees ❑ Fire extinguishers ❑ Night, or Weekend work Adequacy of water supply Sidewalk Replacement Sod Replacement Terms Of Pavment: Payment shall be made on the Tenth (loth) day of each month in the sum of ninety percent (90%) of the work installed and of the materials delivered and stored at the jobsite, in the month immediately preceding, and the balance thirty (30) days after completion of the work Proposal Based On: This proposal is subject to CFP terms and conditions (Copy Attached) Coleman Fire Protection complies completely with the Florida Construction Lien Law and the New Construction Prompt Payment Law (Section 715.12) Base $32,300.00 for the UG Supply piping Quote/Bid: $47,000.00 for the dock piping and hose stations TOTAL CONTRACT PRICE: $79,300.00 Attach CFP schedule of values. Coleman Fire Protection LLC. Sales Representative: JOkV1, CDLP,KOVu Office:321-914-0861 Fax: 321-733-1297 Cell: 321-508-2767 Accepted by: Title: Date: * Subject to acceptance within 30 calendar days, conditions of this proposal and approval of Customer's credit by CFP. General Terms and Conditions 90 1. Allowing Seller to proceed and commence with any work regarding this proposal shall constitute an acceptance by Customer of this bid proposal. Seller and Customer will execute an AIA, A401-1997 subcontract form to memorialize their agreement, supplemented and modified as provided by this bid proposal and referenced attachments which shall be incorporated by reference into the final subcontract agreement. In the event of any conflict between the terms of this proposal and any other documents, this bid proposal shall govern. 2. A change in the price of an item of material of more than 5% between the date of this bid proposal and the date of installation shall warrant an equitable adjustment in contract price. 3. Seller will NOT be required to name additional insureds to its GL insurance policy, nor to waive subrogation for claims covered by worker's compensation or commercial GL insurance. Seller shall maintain insurance with coverage and limits only as provided by Sellers existing insurance program evidenced by its certificate of insurance, available upon request. 4. Sellers schedule of values shall be used to determine progress payments. All sums not paid when due shall bear interest at the rate of 1 %: % per Month from due date until paid or the maximum legal rate permitted by law whichever is less; and all costs of collection, including reasonable attorney's fee, shall be paid by Customer. The proper venue to resolve any disputes arising under the agreement shall be the place where the project is located, and the laws of said place shall govern all such disputes. 5. Seller shall be entitled to equitable adjustments of the contract price, including but not limited to any increased costs of labor, supervision, equipment or materials, and reasonable overhead and profit, for any modification of the project schedule differing from the bid schedule, and for any other delays, acceleration, out -of -sequence work and schedule changes beyond its reasonable control, including but not limited to those caused by labor unrest, fires, floods, acts of nature or government, wars, embargos, vendor priorities and allocations, transportation delays, suspension of work for non-payment or as ordered by Customer, or other delays caused by Customer, Owner, Owner's agents, or others. Should work be delayed by any of the aforementioned causes for a period exceeding (90) days, Seller shall be entitled to terminate the subcontract. Seller change proposals must be processed in not more than (30) calendar days. 6. Back -charges: No back -charges or claim of the Buyer for services shall be valid unless agreed to in writing by the Seller before the "back -charge work" is executed. In the case of the Seller's failure to meet any requirement of the subcontract agreement, the Buyer shall notify the Seller of such default in writing, and allow the Seller reasonable time to correct any deficiency. 7. THE EXPRESS WARRANTIES SET FORTH IN THE SUBCONTRACT DOCUMENTS ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SUBCONTRACTOR (Seller ). Seller shall not be responsible for special, incidental, or consequential damages, and Seller's liability for delay damages shall not exceed 5% of the original subcontract amount. Seller is not responsible for damage to its work by other parties, and any repair work necessitated by such damage shall constitute extra work. All materials shall be furnished in accordance with the respective industry tolerance of color variation, thickness, size, finish, texture and performance standards. All warranty claims must be received by Seller not more than one (1) year after completion of subcontractor's work, and Seller must be provided a reasonable opportunity to inspect, and make corrections, or such warranty claims are barred. Except as specifically required by the work and specifications included in this bid proposal, Customer shall furnish all temporary site facilities, including but not limited to; site access, storage space, hoisting facilities, guard rails, covers for the floor, roof and wall openings, security, parking, safety orientation, break and lunch facilities, toilet and wash facilities, drinking water and other water facilities, electrical service, telecommunication service, lighting, heat, ventilation, weather protection, fire protection, trash and recycling services. Seller shall be responsible for cleaning up it's own debris and placing it in a on -site disposal container provided by others. 8. Buyer warrants the sufficiency of the structure, asbestos free and able to support the water filled weight of the piping system and its related equipment. Buyer also warrants adequacy of water supply, character, condition, or use of foundations, walls, or other structures, along with wiring, fixtures, or other equipment existing or erected new by others. "Fire rating" of piping penetrations shall be provided by Buver„ regardless of schedule, unless otherwise noted. Seller will typically make piping penetrations through existing walls and structures during installation, unless otherwise noted herein. If Seller's piping is installed prior to walls or structures, Buyer shall be responsible for "leave outs", holes, and "fire rating" of penetrations thereafter. 10. When Seller's work is performed on existing equipment, the Seller's responsibility is limited only to the new work installed by Seller. Any requirement for additional labor, material or testing of existing equipment shall be immediately communicated to Buyer and executed as directed to proceed. 91 11. When Seller's work includes excavation or concealed nioine & eauioment: If water, quicksand, rock, environmental contamination, asbestos, or other unforeseen obstructions or subsurface soil conditions are encountered, or "cross connection" of domestic or other water system, this condition will constitute scope of work or conditions above and beyond the agreement. These conditions along with solutions shall be communicated to the buyer for direction. 12. Working hours and days: Unless specifically set forth in this agreement, all installation work shall be performed during normal working hours and days (Monday through Friday, 7am to 4 p.m.). If Buyer subsequently requires special working hours and days otherwise, this condition will constitute scope and/or schedule above and beyond the agreement. 13. BONDS: To the extent that performance and payment bonds are included in this proposal, the bond forms must be the AGC 606 (2004) and AGC 607 (2004) published by the Associated General Contractors of America. Price on request. 14. ASSIGNMENT: neither party shall assign the subcontract, in whole or in part, without the written consent of other. 15. C.I.P. (Consolidated Insurance Program): Seller shall NOT participate in a consolidated insurance program ("CIP"). Seller refuses, and will give no credit for, any other coverage's under the CIP. 16. LIENS/BOND RIGHTS: shall exclude retainage, unbilled changes, and claims which have been asserted in writing or which have not yet become known to CFP, and shall either apply only through the date of work for which CFP has been paid in full, or shall be conditional upon receipt of funds to Seller's account. 17. Buyer and/or Owner shall purchase and maintain all risk insurance for the full value of the entire work and /or materials delivered to the jobsite which shall include the interest of the Seller. * Many terms in this form credited to American Subcontractors Association, Inc. (2005) A Cr OF S E B,qs, xI '92 0 Z ' PELICP' EXECUTIVE SUMMARY CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE April 23, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Brian Stewart, CFO Consider Approval of Resolution R-25-13 authorizing the City to open an investment account with FLCLASS SUBJECT and authorize the City Manager or designee to execute all appropriate documentation. Consideration of Resolution No. R-25-13 which will allow the City of Sebastian to participate in the FLCLASS investment pool and fund investment accounts according to the City's previously approved investment policy. Under Florida Statute Sec. 218.415, local governments of the State of Florida may adopt written investment policies to allow investment and reinvestment of any surplus public funds in their control or possession in the Local Government Surplus Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Act, FS §163.01 via Resolution. The City currently participates in 2 intergovernmental pools, Florida Prime and Florida Trust, which were previously approved by the City of Sebastian City Council. Adding FLCLASS will help diversify our investments among the pools and allow us to take advantage of higher interest rates being earned by the pools verses the 1.15% we are currently earning at Seacoast Bank. The 3 pools currently have a 30-day yield of between 4.22% - 4.5%, all with daily liquidity. Staff plans to determine our cash needs for operations and upcoming capital needs and invest the remaining funds among the pools. The City currently has $4,457,745 with Florida Prime, $594,128 with Florida Trust and $21,939,683 in cash at Suncoast Bank. RECOMMENDATION Staff recommends approval of Resolution R-25-13 authorizing the City to open an investment account with FLCLASS and authorize the City Manager or designee to execute all appropriate documentation. ATTACHMENTS: 1. R-25-13 FLCLASS Registration Packet by Resolution — Redacted 2. 10.24-FLCLASS-Combined-Information -Statement-Updated 93 3. Florida Statute 218.415 FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.0 94 FLCLASSFlorida Cooperative Liquid Assets Securities System Welcome to FLCLASS Thank you for choosing FLCLASS! This packet contains all the materials necessary to set up your FLCLASS account(s). If you have any questions about the registration process or about your FLCLASS account(s), please do not hesitate to contact us. The FLCLASS Client Service Team can be reached any business day from 8:00 a.m. to 5:00 p.m. ET by phone at (844) 220-7600 or by email at clientservices@flclass.com. Public Trust Advisors, LLC, a registered investment advisor with the U.S. Securities and Exchange Commission, provides investment advisory services to the Fund. PMA Securities, LLC, an affiliate of Public Trust Advisors, is a broker -dealer and municipal advisor registered with the SEC and MSRB and is a member of FINRA and SIPC and provides marketing, and securities and other institutional brokerage services. FLCLASS is not a bank. An investment in FLCLASS is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although the FLCLASS prime style fund seeks to preserve the value of your investment at $1.00 per share, it cannot guarantee it will do so. Please read the applicable FLCLASS Information Statements carefully before making an investment decision. Many factors affect performance including changes in market conditions and interest rates and in response to other economic, political, or financial developments. Investment involves risk including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. Past performance is no guarantee of future results. Any financial and/or investment decision may incur losses. 7380 Sand Lake Road Suite 650 Orlando, Florida 32819 T (844) 220-7600 F (844) 220-7900 Page 1 clientservices@flclass.com www.flclass.com Form Version 10/2024 95 FLCLASSFlorida Cooperative Liquid Assets Securities System Registration Procedures To participate in FLCLASS, please complete the following: 1. Complete and sign Model Resolution Document authorizing participation in FLCLASS (pages 3/4). 2. Complete the Entity Registration (page 5). 3. Complete the Authorized Contacts Form (pages 6/7). FLCLASS recommends having multiple authorized signers to help prevent fraud. 4. Complete the FLCLASS Accounts to be Established form; you may open as many accounts as you wish (page 8). 5. Should you be interested in participating in FLCLASS Enhanced Cash, complete the FLCLASS Enhanced Cash Participant Acknowledgement Form (page 9) and the FLCLASS Enhanced Cash Accounts to be Established Form; you may open as many accounts as you wish (page 10). 6. Keep the original forms for your records and send the completed packet to the FLCLASS Client Service Team by fax (844) 220-7900 or by email clientservices(d)fIclass. com. 7. The most recent version of the FLCLASS Interlocal Agreement is available for your review here: www.ficlass.com. Questions? Please contact us; we would love to hear from you. FLCLASS Client Service Team T (844) 220-7600 clientservices(a)fIclass. com 7380 Sand Lake Road Suite 650 Orlando, Florida 32819 T (844) 220-7600 F (844) 220-7900 Page 2 clientservices@flclass.com www.flclass.com Form Version 10/2024 96 FLCLASS1 Florida Cooperative Liquid Assets Securities System Model Resolution to Participate RESOLUTION NO. R-25-13 A RESOLUTION OF THE CITY COUNCIL [GOVERNING BODY] OF THE CITY OF SEBASTIAN [UNIT OF LOCAL GOVERNMENT] APPROVING THE ENTRANCE INTO AN INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL PARTICIPANTS FOR THE PURPOSE OF EXERCISING INVESTMENT POWER JOINTLY TO INVEST FUNDS IN CONCERT WITH OTHER PARTICIPANTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian [Unit of Local Government] is permitted and has the power pursuant to the provisions of the Florida Statutes, including but not limited to Section 218.415 of the Florida Statutes, and its own local laws to invest certain of its funds in statutorily permitted investments including but not limited to any intergovernmental investment pool authorized pursuant to Section 163.01, Florida Statutes, as amended (the Florida Interlocal Cooperation Act); and WHEREAS, Sec. 163.01, Fla. Stat., authorizes a political subdivision, agency, or officer of the State of Florida including but not limited to state government, county, city, school district, single and multipurpose special district, single and multi -purpose public authority, metropolitan or consolidated government, a separate legal entity or administrative entity created under subsection (7) of Section 163.01, Fla. Stat., or an independently elected county officer (each of the foregoing a Local Government Entity or Entity), to exercise jointly with any other Entity any power, privilege, or authority which such Entities share in common and which each might exercise separately; and WHEREAS, the Florida Interlocal Cooperation Act authorizes the City of Sebastian [Unit of Local Government], together with other local governmental entities, to exercise jointly any power, privilege or authority which the local governmental entities share in common and which each might exercise separately pursuant to a written interlocal agreement; and WHEREAS, Palm Beach County Clerk and Comptroller, the Pinellas County Clerk of the Court and Comptroller, and Orange County Tax Collector, as initial Participants (as such term is defined in the Interlocal Agreement described below), entered into that certain Interlocal Agreement a copy of which is attached hereto as Exhibit A (the Interlocal Agreement), the purpose of which is to provide the �,ity of Sebastian [Unit of Local Government] and each Participant which has executed or otherwise joined the Interlocal Agreement, a substantial benefit by establishing the intergovernmental investment pool to be known as the Florida Cooperative Liquid Assets Securities System (FLCLASS), which is an intergovernmental investment pool as described in Section 218.415, Florida Statutes, as amended, in order to exercise such investment power jointly and invest such funds in concert with the other Participants pursuant to the Interlocal Agreement as authorized by the Florida Interlocal Cooperation Act in order to take advantage of economies of scale and perform governmental functions more efficiently; and WHEREAS, the City of Sebastian [Unit of Local Government] desires to join the Interlocal Agreement as a Participant, in order to exercise investment power jointly and invest funds in concert with the other Participants pursuant to the Interlocal Agreement in order to take advantage of economies of scale and perform governmental functions more efficiently; and WHEREAS, the policy of the Interlocal Agreement shall be to place the highest priority on the safety of principal and liquidity of funds, and the optimization of investment returns shall be secondary to the requirements for safety and liquidity; 7380 Sand Lake Road 220-7clientservices@flclass.com F (844) 220-790000 Suite 650 T (844) www.flclass.com Orlando, Florida 32819 Form Version 10/2024 Page 3 97 FLCLASS1 Florida Cooperative Liquid Assets Securities System NOW, THEREFORE, BE IT RESOLVED by the City Council [Governing Body] of the City of Sebastian [Unit of Local Government] as follows: SECTION 1. The Interlocal Agreement executed or otherwise joined by the Participants thereto, a copy of which is attached to this Resolution as Exhibit A and incorporated herein by reference. SECTION 2. Pursuant to Section 2.4 of the Interlocal Agreement, the City of Sebastian [Unit of Local Government] hereby joins the Interlocal Agreement as a Participant and agrees to be bound by all of the terms and provisions thereof. The City of Sebastian [Unit of Local Government] further agrees to file an executed copy of this Resolution with the Clerk of Court of Indian River County, Florida. SECTION 3. This Resolution shall take effect immediately upon its filing with the Clerk of Court of Indian River County, Florida. PASSED AND ADOPTED IN PUBLIC SESSION of the City Council of the City of Sebastian this 23rd day of April 20 25 Attest , [Assistant] Secretary 7380 Sand Lake Road Suite 650 Orlando, Florida 32819 By: Name: Bob McPartlan Its: Mayor T (844) 220-7600 F (844) 220-7900 Page 4 clientservices@fIclass.com www.flclass.com Form Version 10/2024 98 FL(:LASS Florida Cooperative Liquid Assets Securities System Trust Registration Entity Information Local Government Name (Participant) City of Sebastian Entity Type: Q City/Town 0 County 0 School District ❑ Other (Specify) Mailing Address 1225 Main Street ❑ Special District City Sebastian Zip 32958 County Indian River Physical Address (if different than above) City Zip County Tax ID 59-6000427 Fiscal Year End Date (Month/Day) 09/30 FLCLASS and its transfer agent and administrator are authorized by the Participant to act on any instructions believed to be genuine for any service authorized on this form. To the extent permitted by law, the Participant agrees that FLCLASS, its transfer agent, and administrator, Public Trust Advisors LLC, and their respective officers, directors, affiliates, representatives, employees and agents (each an "Indemnified Party") will not be liable for any losses, claims, expenses and liabilities (collectively, the "Losses") that result from accepting such instructions, and agrees to indemnify and hold harmless each Indemnified Party from and against any and all Losses arising from or resulting from such reliance on, or acceptance of, such instructions. Withdrawal proceeds can be sent only to the bank(s) indicated below unless otherwise amended in the FLCLASS Online Transaction Portal. Each Participant is responsible for notifying FLCLASS of any changes to its account(s). Wires will be distributed every hour with the final distribution ending at 3:00 p.m. ET; distribution times are subject to change as needed by the FLCLASS Administrator. Additionally, FLCLASS must be notified of any contributions by 3:00 p.m. ET to receive same day credit. If funds are not received by 5:00 p.m. ET, contribution orders will be voided. Banking Information Bank Name Account Title Bank Contact* ❑ Wire 0 ACH ❑ Both Additional Banking Information (Optional) Bank Name Account Title Bank Contact* 0 Wire ❑ACH 0 Both Bank Routing Number (ABA) Account Number Contact's Phone Number Bank Routing Number (ABA) Account Number Contact's Phone Number *If there will only be one Authorized Signer on the FLCLASS account, bank contact must be provided to verify bank account information 7380 Sand Lake Road 220-7clientservices@flclass.com F (844) 220-790000 Suite 650 T (844) www.flclass.com Orlando, Florida 32819 Form Version 10/2024 Page 5 99 FL(:LASS Approve changes to the Investor Profile Update banking/contact information Process transactions Receive account updates Authorized Signer Brian Benton Print First and Last Name Signature Required bbenton@cityofsebastian.org Email (Required) Florida Cooperative Liquid Assets Securities System Authorized Contacts' Receive account updates Request "view -only" access to monthly statements and transaction confirmations View banking/contact information City Manager Title 772-228-7057 Phone (Required)2 Mobile2 Extension Additional Contact (Optional) — FLCLASS strongly advises each participant to have multiple authorized signers to help prevent fraud Brian Stewart Print First and Last Name (Signature Required if Authorized Signer) bstewart@cityofsebastian.org Email (Required) Permissions (check only one) DAuthorized Signer to Move Funds ❑ Read -Only Access Additional Contact (Optional) Jennifer Smith Print First and Last Name (Signature Required if Authorized Signer) jsmith@cityofsebastian.org Email (Required) Permissions (check only one) El Authorized Signer to Move Funds ❑ Read -Only Access Chief Financial Officer Title 772-388-8205 Phone (Required)2 Extension Mobile2 Assistant Finance Director Title 772-388-8207 Phone (Required)2 Extension Mobile2 1 All contacts listed on an account will receive email notifications when transaction confirmation documents and monthly statements are available for download in the online portal. 2 A phone number that you can be reached at directly is required to receive the multi -factor authentication code via phone call. Mobile numbers can receive the code via phone call or text. 7380 Sand Lake Road 220-7clientservices@flclass.com Suite 650 T (844) www.flclass.com Orlando, Florida 32819 F (844) 220-7900 00 Form Version 10/202,4 Page 6 100 FLCLASSFlorida Cooperative Liquid Assets Securities System Authorized Contacts (cont.)' Additional Contact (Optional) Liz Paul Financial Assistant Print First and Last Name Title 772-874-3178 (Signature Required if Authorized Signer) Phone (Required)2 Extension Ipaul@cityofsebastian.org Email (Required) Mobile2 Permissions (check only one) ❑ Authorized Signer to Move Funds 0 Read -Only Access Additional Contact (Optional) Print First and Last Name Title (Signature Required if Authorized Signer) Phone (Required)2 Extension Email (Required) Mobile2 Permissions (check only one) ❑Authorized Signer to Move Funds ❑ Read -Only Access Additional Contact (Optional) Print First and Last Name Title (Signature Required if Authorized Signer) Phone (Required)2 Extension Email (Required) Mobile2 Permissions (check only one) ❑ Authorized Signer to Move Funds ❑ Read -Only Access 1 All contacts listed on an account will receive email notifications when transaction confirmation documents and monthly statements are available for download in the online portal. Z A phone number that you can be reached at directly is required to receive the multi -factor authentication code via phone call. Mobile numbers can receive the code via phone call or text. 7380 Sand Lake Road 220-7clientservices@flclass.com 900 Suite 650 T (844) www.flclass.com Page � Orlando, Florida 32819 F (844) Page -7 00 Form Version 10/202,4 101 FLCLASSFlorida Cooperative Liquid Assets Securities System FLCLASS Accounts to be Established Name of Public Local Government: City of Sebastian Desired Subaccount Name(s)* i.e. General Fund, etc.: (To be completed by Participant, at least one Subaccount is required) General *Name must be limited to 35 characters. Once your FLCLASS account has been established, you will receive a confirmation email with your login credentials from no-reply@flclass.com. If you do not receive your login credentials within 48 business hours of submission, please first check your junk or spam folder before calling the FLCLASS Client Service team. 7380 Sand Lake Road 220-7clientservices@flclass.com Suite 650 T (844) www.flclass.com Orlando, Florida 32819 F (844) 220-7900 00 Form Version 10/202,4 Page 8 102 FLCLASSFlorida Cooperative Liquid Assets Securities System FLCLASS Enhanced Cash Participant Acknowledgement Form Participant Information Entity Name (Participant) Participant Acknowledgement The undersigned Authorized Signer for the Participant hereby acknowledges the following: • The Participant has received and reviewed the FLCLASS Enhanced Cash Information Statement. • All Enhanced Cash investments are made in accordance with the FLCLASS Enhanced Cash Investment Policy. • FLCLASS Enhanced Cash is designed to complement the daily liquidity of the FLCLASS Fund by gaining exposure to a diversified portfolio of high -quality securities. FLCLASS Enhanced Cash is better suited for funds not needed on a frequent or near -term basis. FLCLASS Enhanced Cash is designed for investors with a slightly longer investment horizon and the ability to tolerate a higher risk profile. • FLCLASS Enhanced Cash does not seek to maintain a stable net asset value (NAV) and does not offer daily liquidity. Unlike the FLCLASS Fund, investing in FLCLASS Enhanced Cash introduces the potential for the reporting of unrealized and realized gains and losses. • Withdrawals are unlimited and met on a transaction date plus one (1) business day basis (T+1). Authorized Signer Signature Date Printed Name Title The investment advisor providing these services is Public Trust Advisors, LLC (Public Trust), an investment adviser registered with the SEC under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. Additionally, this registration provides no guarantee of return or protection against loss. FLCLASS is not a bank. An investment in FLCLASS is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Please read the applicable FLCLASS Information Statements carefully before making an investment decision. Many factors affect performance including changes in market conditions and interest rates and in response to other economic, political, or financial developments. Investment involves risk including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. Past performance is no guarantee of future results. Any financial and/or investment decision may incurlosses. 7380 Sand Lake Road 220-7clientservices@flclass.com Suite 650 T (844) www.flclass.com Orlando, Florida 32819 F (844) 220-7900 00 Form Version 10/202,4 Page a 103 FLCLASSFlorida Cooperative Liquid Assets Securities System FLCLASS Enhanced Cash Accounts to be Established Entity Name: FLCLASS Enhanced Cash Accounts Desired Subaccount Name(s)* i.e. General Fund, etc.: (To be completed by Participant) *Name must be limited to 35 characters. FLCLASS Enhanced Cash is designed to complement the daily liquidity offered by the FLCLASS portfolio. EDGE is best suited for funds not needed on a frequent or near -term basis. FLCLASS Enhanced Cash is designed for investors with a slightly longer investment horizon and the ability to tolerate a higher risk profile. FLCLASS Enhanced Cash does not seek to maintain a stable net asset value (NAV) and does not offer daily liquidity. Investing in FLCLASS Enhanced Cash introduces the potential for the reporting of unrealized and realized gains and losses. The FLCLASS Enhanced Cash investment objectives in order of priority are safety, liquidity, and return. The FLCLASS Enhanced Cash portfolio is structured to provide Florida local governments with an investment vehicle to invest monies not needed for daily liquidity. If you have questions about which of your local government's funds are appropriate for the FLCLASS Enhanced Cash portfolio, please contact your FLCLASS representative or email info@flclass.com. Once your FLCLASS account has been established, you will receive a confirmation email with your login credentials from no-reply@flclass.com. If you do not receive your login credentials within 48 business hours of submission, please first check your junk or spam folder before calling the FLCLASS Client Service team. 7380 Sand Lake Road clientservices@flclass.com Suite 650 T (844) 220-7www.flclass.com F (844) 220-7900 00 Orlando, Florida 32819 Form Version 10/2024 Page 10 104 FLCLASSFlorida Cooperative Liquid Assets Securities System Dual Authorization Form (Optional) Entity Name: City of Sebastian Please utilize this form to request dual authorization capabilities on your FLCLASS account. Dual authorization ensures that any transaction entered via the FLCLASS online transaction portal requires approval from a second Authorized Signer in order to be processed (internal transfers between subaccounts do not require dual authorization). Note: All Authorized Signers listed on the account can enter transactions and approve them (not just the users below). Request to Add Dual Authorization Dual authorization is hereby approved for City of Sebastian by the Authorized Signer Entity Name below. By approving dual authorization, the Authorized Signer acknowledges transactions not approved by the 3:00 p.m. ET cutoff will not be processed. Please ensure transactions are entered in a timely manner and that other authorized signers are available to approve the transactions for processing. Authorized Signer's Signature Brian Benton Print Name 7380 Sand Lake Road Suite 650 Orlando, Florida 32819 Date City Manager Title T (844) 220-7600 F (844) 220-7900 clientservices@flclass.com www.flclass.com Form Version 10/2024 Page 11 105 rLcinsss r Table of Contents FLCLASS SUMMARY.................................................................................................................. 4 INVESTMENT OBJECTIVES........................................................................................................ 5 FLCLASS.............................................................................................................................. 5 FLCLASSENHANCED CASH......................................................................................................... 5 FLCLASSTERM SERIES............................................................................................................. 6 PROHIBITED INVESTMENTS...................................................................................................... 7 INVESTMENT RESTRICTIONS..................................................................................................... 7 MI►DI���51�►��:71.9:� :3 RISKS APPLICABLE TO ALL SERIES AND FUNDS.................................................................................... 8 FLCLASSSPECIFIC RISKS.......................................................................................................... 9 FLCLASS ENHANCED CASH SPECIFIC RISKS...................................................................................... 9 FLCLASS TERM SERIES SPECIFIC RISKS.......................................................................................... 9 11:Z9l.11ti]:Ze7_1►MiW_NIts] ►I_11&193114001:7 IW ELIGIBLE PARTICIPANTS.............................................................................................................10 BOARDOF TRUSTEES.................................................................................................................1 O INVESTMENT ADVISOR AND ADMINISTRATOR......................................................................................11 CUSTODIAN............................................................................................................................ 11 LEGALCOUNSEL......................................................................................................................12 INDEPENDENT AUDITORS............................................................................................................12 POLICIES APPLICABLE TO PARTICIPANT ACCOUNTS....................................................................12 REDEMPTIONS........................................................................................................................14 PORTFOLIO TRANSACTIONS.....................................................................................................15 DETERMINATION OF NET ASSET VALUE.....................................................................................16 COMPUTATION OF YIELDS.......................................................................................................17 DAILY INCOME ALLOCATIONS..................................................................................................18 REPORTS TO TRUST PARTICIPANTS..........................................................................................18 ANNUALLY.............................................................................................................................18 MONTHLY..............................................................................................................................18 II2WIISa1►11:1:40LAW4liill II.Te1�1:3 NAV DEVIATION POLICY..........................................................................................................18 2 107 Ficrnss'`r TRUST EXPENSES...................................................................................................................19 FEES.....................................................................................................................................19 ADDITIONAL PROGRAMS AND SERVICES...................................................................................20 FIXED RATE INVESTMENT PROGRAM................................................................................................20 ADDITIONAL VALUE ADDED SERVICES.............................................................................................21 3 108 rLcinsss FLCLASS Summary The Florida Cooperative Liquid Assets Securities System (the Trust) is an independent local government investment pool designed to meet the cash management and investment needs of Florida governmental entities. Pursuant to the Trust's Interlocal Agreement and authorized by the Board of Trustees, the Trust is made up of multiple investment fund options called "Series." Currently the Trust includes the following Series: FLCLASS: a liquid stable net asset value $1.00 fund; FLCLASS Enhanced Cash: a variable net asset value fund; and FLCLASS Term Series: one or more portfolios, each of which has a fixed duration and may have a different investment policy, as set forth herein. FLCLASS and FLCLASS Enhanced Cash are collectively referred to as the "Funds", The Funds and each of the Series of the Term Series are separate Series of the Trust. Each Series is invested in a separate portfolio of Permitted Investments and has separate expenses. The Participants in the Trust may invest in FLCLASS, FLCLASS Enhanced Cash and any Term Series portfolio. Fixed Rate Investment Program: Participants may also invest in a value-added program of the Trust which is not a Series of or investment in the Trust called the Fixed Rate Investment program ("FRI"), authorized by the Board of Trustees. Through FRI, Participants may purchase investments for their own portfolio. The Board of Trustees may authorize other Programs of the Trust in the future. The availability of the FRI program does not constitute an offering or recommendation on the part of the Trust of an investment in the FRI program. See "Additional Programs and Services." The Trust is open to all governmental entities within the state of Florida including but not limited to the following and the officers thereof: any state agency, county, municipality, school district, special district, clerk of the circuit court, sheriff, property appraiser, tax collector, supervisor of elections, authority, board, public corporations, quasi -public authorities, or any other political subdivision of the state. The Trust is an intergovernmental investment pool authorized under Section 218.415, Florida Statutes and was created by an interlocal agreement by and among state public agencies (the Interlocal) as described in Section 163.01, Florida Statutes, as amended. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Interlocal. The management of the Trust will be under the direction of an appointed Board of Trustees comprised of eligible Participants of the Trust. The general objective of the Trust is to generate additional investment income for the Participants while maintaining safety and liquidity. The Funds and the Term Series are managed to comply with the specific requirements of Florida law, particularly the laws applicable to the investment of Participants' funds. The Trust adheres to the Financial Accounting Standards Board (FASB) guidelines for its accounting and financial reporting principles. In accordance with FASB guidance, the Trust n 109 rLcinsss r utilizes ASC 820 "Fair Value Measurement and Disclosure" to define fair value, establish a framework for measuring fair value, and expand disclosure requirements regarding fair value measurements. FLCLASS will seek to maintain a 'AAAm' or equivalent rating from a Nationally Recognized Statistical Ratings Organization (NRSRO). Click here for more information. FLCLASS Enhanced Cash is rated 'AAAf/S1' by Fitch Ratings which generally speaks to the overall credit quality of the portfolio's holdings. The'AAAf' rating is Fitch's opinion on the overall credit profile within a fixed -income fund/portfolio and indicates the highest underlying credit quality of the pool's investments. The 'S1' volatility rating is Fitch's opinion on the relative sensitivity of a portfolio's total return and/or net asset value to assumed changes in credit spreads and interest rates. The 'S1' volatility rating indicates that the fund possesses a low sensitivity to market risks. This rating is neither a market rating or a specific recommendation to buy or sell a security. Ratings are subject to change and do not remove credit risk. Investment Objectives FLCLASS FLCLASS provides a professionally managed investment program for local governments. The general objective of FLCLASS is to generate additional investment income for the Participants while maintaining safety and liquidity. The purpose of FLCLASS is to offer a safe, convenient, and liquid investment option to Florida governmental entities. By utilizing economies of scale and professional investment management, FLCLASS seeks to generate competitive market returns in a manner that will provide for the safety of principal while meeting the liquidity needs of the Participants. The primary investment objectives of FLCLASS in order of priority are: Safety: FLCLASS seeks to minimize risks by managing the portfolio in a manner that emphasizes the preservation of principal while maintaining a stable net asset value. Liquidity: FLCLASS provides daily liquidity to Participants of the program. Portfolio maturity and duration parameters are established to provide for the liquidity needs of the Participants. Transparency: FLCLASS seeks to provide transparency by allowing Participants to efficiently obtain portfolio and account information and will offer dedicated client service support with an easy -to -use technology platform. Competitive Returns: The goal of FLCLASS is to provide competitive returns for its Participants while adhering to the primary objectives of safety and liquidity. The FLCLASS investment policy and guidelines establish the policies, procedures, and strategies to assure that these objectives are met. FLCLASS Enhanced Cash FLCLASS Enhanced Cash is designed to complement the FLCLASS daily liquidity fund for Florida governmental entities. The general objective of FLCLASS Enhanced Cash is to seek to generate a high level of income for Participants while preserving capital by E 110 rLcinsss investing only in investments authorized by Florida Statutes. FLCLASS Enhanced Cash offers longer dated, fixed -income investments seeking to enhance returns while providing weekly liquidity to its participants. FLCLASS Enhanced Cash offers Participants an actively managed portfolio to meet their intermediate liquidity needs. The FLCLASS Enhanced Cash Pool does not seek to maintain a stable Net Asset Value (NAV). FLCLASS Enhanced Cash will establish a $10.00 transactional share price and will calculate and publish a fair value NAV. FLCLASS Enhanced Cash is characterized by a higher weighted average maturity (WAM) and a longer target duration than FLCLASS. The principal value of an investment in FLCLASS Enhanced Cash is expected to fluctuate and could be greater or less than $10.00 per share at time of purchase, prior to redemption, and at the time of redemption. FLCLASS Term Series The Term Series consists of separate portfolios of Permitted Investments. Each Term Series portfolio consists of specifically identified investments with a fixed maturity. All Participants of the Trust are eligible to participate in any Term Series. Each Participant determines whether to participate in a Term Series and makes its own independent investment decision. The Investment Advisor selects investments for the Term Series. The Trust may establish an unlimited number of term series of the Trust designated as Term Series portfolios. Each Term Series portfolio is a separate portfolio of the Trust with a fixed investment term and a designated maturity of at least seven (7) days and no more than three (3) years. A Term Series portfolio shall consist of one or more Permitted Investments and shall be available for investment by any of the Participants, subject to any capacity limitations for such Series. Term Series portfolios are designed for Participants who will not need access to their investment prior to the termination date of the applicable Series. Term Series Portfolios will have a limited number of holdings, which could be a single holding. Although investors in certain Term Series may have redemption rights, Term Series portfolios are intended to be held until maturity. Shares in certain Term Series may be redeemed upon a seven -days' notice of redemption to the Marketer and will likely carry a penalty which could be substantial in that it would be intended to allow the Term Series portfolio to recoup any associated penalties, charges, losses or other costs associated with the early redemption of the investments therein. Term Series with certain holdings do not allow for an early redemption and must be held until maturity. While most Term Series are subject to the terms described above, there are select Term Series that offer weekly redemption rights with no penalties that are referred to in this document as a Term Series -Flex. While these Term Series - Flex Portfolios are Term Series authorized by the Board under the Interlocal Agreement, they have certain distinct characteristics from the Term Series described above. Unlike a standard Term Series which generally offers a fixed net rate of return, the net rate for a Term Series - FLEX can fluctuate over the period of the investment, which means the net interest rate of the Term Series can increase and/or decrease over the period of the investment. Any full or L 111 rLcinsss partial redemption from a Term Series -Flex can only be transacted on the specified date for the weekly redemption provided that notice of such redemption was provided to the Administrator at least one business day before such redemption date. Please note that any specified redemption date will be moved up one business day if the notification day falls on a holiday. Each Term Series Portfolio may have a weighted average maturity equal to its duration. Each Term Series Portfolio shall be a separate and distinct investment; any loss in one Term Series Portfolio shall not impact other Term Series Portfolios. Unless otherwise disclosed at the time of purchase of the Term Series, earnings from any Term Series are distributed at maturity. No assurance can be given that the Trust will achieve its investment objective or that any benefits described in this information statement will result from the investment of monies in the Trust. Eligible Investments Each of the Funds and the Term Series may only be invested in a manner that is permitted pursuant to the laws of the state of Florida and Florida's Investment of Local Government Surplus Funds Act, Florida Statutes, Chapter 218.415. Furthermore, investments will be made in accordance with the Fund's or Term Series' own Investment Policy. The Funds must also make investments structured to meet the applicable NRSRO investment guidelines needed to maintain its NSRO rating; this includes investments authorized under Section 218.415(16), Florida Statutes. Visit the FLCLASS website for a copy of the complete the applicable Fund's Investment Policy. Prohibited Investments No funds of the Trust may be invested in the following or in any other type of investment prohibited by Section 218.415(16), Florida Statutes or other applicable law: a) Asset backed commercial paper securities that are classified as structured investment vehicles (SIV), collateralized debt obligations (CDO), structured arbitrage vehicles (SAV), or extendible commercial paper b) Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage -backed security collateral and pays no principal c) Obligations whose payment represents the principal stream of cash flow from the underlying mortgage - backed security collateral and bears no interest d) Collateralized mortgage obligations e) Derivatives Investment Restrictions The Trust's investments are subject to the restrictions listed below: a) May not make any investment other than investments authorized by the Interlocal and the Investment Policy, as 7 112 rLcinsss the same may be amended from time - to -time. b) May not borrow money or incur indebtedness whether or not the proceeds thereof are intended to be used to purchase Permitted Investments except as a temporary measure to facilitate withdrawal requests that might otherwise require unscheduled dispositions of portfolio investments and only as and to the extent permitted by law. c) May not make loans provided that the Trust may make Permitted Investments (that may include securities lending). d) May not hold or provide for the custody of any investment property in a manner not authorized by law or by any institution or person not authorized by law. FLCLASS Enhanced Cash's investments are subject to additional restrictions as follows: a) The portfolio may invest in permitted securities with maximum maturities as outlined in the investment policy. b) The Trust may not buy securities from or sell securities to the Administrator, the Investment Advisor, the Custodian, or any member of the Board (Trustee), or with any affiliate, officer, director, employee, or agent of any of them. Investment Risks Participants should specifically consider the following risks before deciding to invest in the Funds or Term Series. The following summary does not purport to be comprehensive or definitive of all risk factors. Investing involves risks including the possible loss of principal. Risks Applicable to All Series and Funds Interest Rate Risks The prices of the fixed -income securities in the fund will rise and fall in response to changes in the interest rates paid by similar securities. Generally, when interest rates rise, prices of fixed -income securities fall. However, market factors, such as demand for particular fixed - income securities, may cause the price of certain fixed -income securities to fall while the price of other securities rise or remain unchanged. Interest rate changes have a greater effect on the price of fixed -income securities with longer maturities. The Investment Advisor will seek to manage this risk by purchasing short-term securities. Credit Risks Credit risk is the possibility that an issuer of a fixed -income security held in the Funds or Term Series will default on the security by failing to pay interest or principal when due. If an issuer defaults, Participants in the Funds or Term Series may incur losses. The Investment Advisor will seek to manage this risk by purchasing high -quality securities as determined by one or more Nationally Recognized Statistical Ratings Organizations and/or the Investment Advisor's credit research team. Investment Not Insured or Guaranteed An investment in the Funds or Term Series is neither insured nor guaranteed by the Federal E 113 rLcinsss Deposit Insurance Corporation (FDIC) or any other government agency. Liquidity Risk The Trust is subject to certain liquidity risks in which the size of a bond's market, the frequency of trades, the ease of valuation, and/or issue size may impact the Investment Advisor's ability to sell investments in a timely fashion or at or near fair value in order to fulfill a Participant's redemption request. Market Risk Market risk is the risk that the value of securities owned goes up or down, sometimes rapidly and/or unpredictably, due to factors affecting securities markets generally or within particular industries. Issuer Risk The risk that the value of a security declines for a reason directly related to the issuer such as management performance, financial leverage, and reduced demand for the issuer's goods or services. Default Risk The risk that a bond issuer (or counterparty) will default by failing to repay principal and interest in a timely manner. Temporary Suspension of Redemptions Under certain circumstances described in "Trust's Right to Temporarily Suspend or Postpone Redemptions", redemptions from the Trust may be temporarily suspended. FLCLASS Specific Risks FLCLASS investments are subject to additional risks as follows: Stable Net Asset Value Risks Although FLCLASS is managed to maintain a stable NAV of $1.00 per Share, there is no guarantee that it will be able to do so. FLCLASS Enhanced Cash Specific Risks Enhanced Cash investments are subject to additional risks as follows: Variable NAV Risk The FLCLASS Enhanced Cash Pool does not seek to maintain a stable Net Asset Value (NAV). FLCLASS Enhanced Cash will establish a $10.00 transactional share price and will calculate and publish a fair value NAV. The net asset value is expected to fluctuate from $10.00 per share. The net asset value per share of the Trust may be affected by general changes in interest rates resulting in increases or decreases in the value of the securities held by the Trust. The market value of such securities will vary inversely to changes in prevailing interest rates. FLCLASS Term Series Specific Risks Term Series investments are subject to additional risks as follows: Concentration Risk Any fund that concentrates in a particular segment of the market or invests in a limited number of investments will generally be more volatile than a fund that invests more broadly. Any market price movements, regulatory or technological changes, or economic conditions affecting banks or financial institutions may 9 114 R.cinsss r have a significant impact on a Term Series' performance. Counterparty Risk The Term Series is exposed to the risk that third parties that owe it money, securities or other assets will not perform their obligations. These parties may default on their obligations to a Series due to bankruptcy, lack of liquidity, operational failure, or other reasons. This risk arises, for example, when entering into guaranteed investment contracts under which insurance company counterparties have obligations to periodically make payments to a Series. Given the limited number of holdings, which may be one holding, this risk is increased for the Term Series. NAV Risk Although the Term Series seeks to maintain the value of your investment at $1.00 per share, at maturity, upon redemption or at fiscal year-end, each outstanding Term Series will be marked to market. It is expected that the market value of a Term Series at maturity will approximate the amortized cost of the portfolio. To the extent the mark to market value deviates from the amortized cost, the share price may be above or below $1.00. Accordingly, investors could experience a loss. For Term Series that have a maturity in excess of one year, the NAV Risk may be particularly acute. Please see "How to Buy and Redeem Shares of the Term Series" for more information on the amortized cost method of valuation. Redemption Risk Redemptions by a holder of a Term Series that allow an early redemption may have a significant adverse effect on the Term Series' ability to maintain a stable $1.00 share price. An investor who redeems prior to maturity of a Term Series may realize a loss on their investment, including being subject to a penalty in an amount necessary to recoup the penalty charges, losses and other costs attributable to the early redemption. Certain assets in a Term Series such as a guaranteed investment contract do not allow for an early redemption and must be held until maturity. Trust Organizational Structure Eligible Participants The Trust is open to all governmental entities within the state including but not limited to the following and the officers thereof: any state agency, county, municipality, school district, special district, clerk of the circuit court, sheriff, property appraiser, tax collector, supervisor of elections, authority, board, public corporations, quasi -public authorities, or any other political subdivision of the state. The Trust is an authorized investment as an intergovernmental investment pool under Florida Statutes Section 218.415 and was created by the Interlocal by and among Florida public agencies as described in Section 163.01, Florida Statutes, as amended. Board of Trustees Pursuant to the Interlocal, the Trust is governed by a Board of Trustees (the Board). The Board supervises the Trust and its affairs and acts as the liaison between the Participants, the Custodian, the Administrator, and all service providers. The Board administers the affairs of the Trust and enters into contracts and 10 115 r�.cinsss agreements on behalf of the Trust in order to effectuate the terms of the Interlocal. Investments made on behalf of the Participants are subject to the overall direction of the program's Board. Initially, the number of Trustees shall be three (3) voting Trustees. The Board may expand the membership of the Board and set initial terms for each additional Trustee provided, however, the number of Trustees shall always be an odd number and shall not be less than three (3) at any given time. The Board approves the Trust's investment parameters that must also fall within the investment stipulations mandated under Florida Statutes for the investment of surplus funds of the Participants. The Board shall appoint qualified Trustee representatives of the local government entity types that participate in the Trust. To that end, the Board shall strive to appoint at least one Trustee (but no more than four per category) from the following categories of local governments: counties, cities and towns, school districts, special districts, and other public entities. Investment Advisor and Administrator Pursuant to a Program Administrative and Investment Advisor Services Agreement (the "Agreement") with the Board, Public Trust Advisors, LLC (Public Trust) serves as the Investment Advisor and Administrator of the Trust. As Investment Advisor, Public Trust provides investment services to the Board. Public Trust is an investment advisory firm headquartered in Denver, Colorado and an office in Orlando, Florida. Public Trust is under common ownership with PMA Asset Management, LLC, PMA Securities, LLC, PMA Financial Network, LLC (each, an "Affiliate"). Public Trust is registered with the Securities and Exchange Commission as an investment advisor under the Investment Advisers Act of 1940. As Administrator, Public Trust services all Participant accounts, determines and allocates income, provides certain written confirmation of the investment and withdrawal of funds by Participants, provides administrative personnel and facilities to the Trust, determines the NAV of the Funds on a daily basis, and performs all related administrative services. At least quarterly, the Administrator provides the Board with a detailed evaluation of the performance of the Funds based upon a number of factors. This evaluation includes a comparative analysis of the Funds' investment results in relation to industry standards such as the performance of comparable money market mutual funds and various indexes of money market securities. It also, through its Affiliate, provides marketing services for the Trust. In addition, through PMA Securities, LLC and PMA Financial Network, it offers fixed rate investments to Trust Participants. The Investment Advisor and Administrator may sub -contract or delegate its obligations under the Agreement to an affiliated or non-affiliated party. Custodian Fifth Third Bank serves as Custodian for the Trust pursuant to a Custodian Agreement with the Board. Fifth Third Bank acts as safekeeping agent for the Trust's investment portfolio(s) and serves, in accordance with the statutes of the 11 116 rLcinsss r state, as the depository in connection with the direct investment and withdrawal mechanisms of the Funds. Fifth Third Bank does not participate in the Trust's investment decision making process. The Custodian shall hold the investment property in its capacity as Custodian for the collective benefit of each Participant. The Investment Property shall be custodial property of the Custodian and shall not be, or be deemed to be, an asset of the Custodian. Each Participant has an individual beneficial interest in the Investment Property to the extent of such Participant's balance. The Custodian shall acknowledge in the Custody Agreement that records concerning the Investment Property shall be maintained by the Administrator and that such records shall conclusively determine the interests of each Participant in the Investment Property. Legal Counsel Greenberg Traurig, P.A. serves as legal counsel to FLCLASS. Greenberg Traurig, P.A. 450 South Orange Avenue, Suite 650 Orlando, FL 32801 Independent Auditors An independent certified public accounting firm, Cohen & Co., has been engaged to audit the annual financial statements of the Trust. The audit contains statements of assets and liabilities, of operations, and of changes in net assets. The opinion of the independent certified public accountant on such financial statements is based on an examination of the books and records of the Trust made in accordance with generally accepted accounting principles (GAAP). Policies Applicable to Participant Accounts FLCLASS and FLCLASS Enhanced Cash Each Fund Participant shall have the right to invest funds for credit to such Participant's account. For the Funds, there is no minimum amount that must be invested nor is there any limitation on the aggregate amount of funds that any Participant may invest at one time. Similarly, each Participant has the right, from time -to -time, to request payment of an amount equal to or less than the amount of funds in the Participant's account. Subject to meeting the daily times for giving notice, which may be adjusted by the Administrator, there is no limitation on the period of time that funds may be invested through the Trust prior to such payment. Upon receipt of any payment request, the Administrator notifies the Custodian of the payment request from a Participant and the requested amount is paid by the Custodian to, or on behalf of, such Participant not later than the next business day, subject only to certain calamities or crises that may affect the financial markets of the United States, as specified in the Interlocal. Any Participant of FLCLASS and FLCLASS Enhanced Cash may withdraw from the Interlocal at any time without penalty upon written notice to the Administrator, who will notify the Custodian and the Board of Trustees upon receipt of such notice. The withdrawal becomes effective when the Participant's account is equal to zero. If any Participant breaches any material covenants contained in the Interlocal or if any of its representations cease to be true, it shall be deemed to have given notice of withdrawal. 12 117 R.cinsss Each Participant must designate a representative to act on behalf of the Participant under the Interlocal for all purposes including the giving of consent on behalf of the Participant and receiving notice on behalf of the Participant. Term Series Each Term Series is a separate series of shares of beneficial interest of the Trust within a fixed investment term and a maturity of no less than seven (7) days and no more than three (3) years. A Term Series' portfolio may consist of one or more bank obligations, obligations of the U.S. government or its agencies or instrumentalities, municipal securities, corporate obligations, including general account guaranteed investment contract of insurance companies and other investments permitted under Florida statutes. Each Term Series will have a final fixed maturity as determined by the Operational Manager and ratified by the Trustees. Term Series may have only one holding, and therefore may be highly concentrated. A Term Series may have one or more investors. Information regarding any investments or collateral for a Term Series' portfolio will be provided to the investors in that Series by the Operational Manager or Marketer prior to settlement. Generally, investments purchased by a Term Series will be held to maturity. However, the Investment Advisor maintains discretion to dispose of, or substitute, a security held by a Term Series if doing so is in the best interests of the Term Series. A disposition or substitution of portfolio securities will likely affect a Term Series' net rate of return. Dividends from net investment income are declared daily and paid at maturity. Each Term Series is independent from all other Term Series. This means that if one Term Series loses money, no other Term Series will suffer that loss. Although investors in certain Term Series may have redemption rights, Term Series are designed to be held for the full term of that Series. Shares in certain Term Series may be redeemed prior to the maturity date of that Series upon a seven days' advance notice of redemption to the Administrator and a penalty will likely be assessed. The penalty, which may be substantial, could include the amount necessary to recoup for the Series any penalty charges, losses and other costs attributable to the early redemption. The redeeming investor may also experience investment losses. Term Series with certain holdings such as guaranteed investment contracts do not allow for an early redemption and must be held until maturity. While most Term Series are subject to the terms described above, there are select Term Series that offer weekly redemption rights with no penalties that are referred to in this document as a Term Series -Flex. While these Term Series - Flex Portfolios are Term Series authorized by the Board under the Interlocal Agreement, they have certain distinct characteristics from the Term Series described above. Unlike a standard Term Series which generally offers a fixed net rate of return, the net rate for a Term Series - FLEX can fluctuate over the period of the investment, which means the net interest rate of the Term Series can increase and/or decrease over the period of the investment. Any full or partial redemption from a Term Series -Flex can 13 118 rLcinsss r only be transacted on the specified date for the weekly redemption provided that notice of such redemption was provided to the Administrator at least one business day before such redemption date. Please note that any specified redemption date will be moved up one business day if the notification day falls on a holiday. Each Term Series Portfolio may have a weighted average maturity equal to its duration. Each Term Series Portfolio shall be a separate and distinct investment; any loss in one Term Series Portfolio shall not impact other Term Series Portfolios. Unless otherwise disclosed at the time of purchase of the Series, earnings from any Term Series are distributed at maturity. The Term Series are not rated by a rating agency. Contributions FLCLASS and FLCLASS Enhanced Cash Any eligible Florida unit of local government may join one of the Funds as a Participant to utilize the investment program. After reviewing the Interlocal and the applicable Fund's Information Statement, simply complete the Registration Packet found in the docurrr ens center of the FLCLASS website. Please email all completed forms to clientservicesCa)flcass.com. Investments may be made by Automated Clearing House (ACH) transfer or wire transfer. Investments (contributions) received by the Trust by 3:00 p.m. ET will be invested along with the other funds in the portfolio. Funds received after 3:00 p.m. will be invested overnight by the Trust's Administrator in the Trust's interest -bearing bank account at Fifth Third Bank. There is no maximum or minimum amount that must be invested in the Funds pursuant to the Interlocal nor is there any maximum or minimum limitations on the aggregate amount of the investment funds that any Participant may have invested at any one time with the Trust. Term Series Participants who have invested in FLCLASS and who wish to invest in a Term Series may do so by depositing funds to their FLCLASS account to buy shares in the Term Series of their choice. Participants are provided the option to invest in each separate Term Series. To invest in Term Series, contact the Administrator or Marketer at (855) 202-9650. Redemptions FLCLASS and FLCLASS Enhanced Cash Withdrawals from the Funds may be made via ACH or wire transfer via the secure, online FLCLASS transaction portal. For FLCLASS, requests for withdrawal from accounts with pre -established wire instructions will be honored on a same -day basis if received prior to 3:00 p.m. ET. Special wire transfer requests are available only with written documentation. For FLCLASS Enhanced Cash, redemptions are unlimited and met on a transaction date plus one (1) business day basis (T+1). Redemptions must be entered in the portal by 3:00pm ET. 14 119 W — � 0 ��� Ficrnss'`r Term Series When a particular Term Series matures or in the event of a redemption, the Participant's funds in that Series will then be transferred back to the Participant's FLCLASS account. To redeem from a Term Series, contact the Administrator or Marketer at [(855) 202-9650]. To redeem prior to maturity, the investor must provide seven days' advance notice to the Administrator and may be subject to a penalty and other losses as described herein. With respect to the Term Series, representatives of the administrator will generally contact investors by telephone regarding maturities of their investments on the day of maturity. Trust's Right to Temporarily Suspend or Postpone Redemptions With the consent of the Board, the Administrator shall determine when an event occurs that entitles the Custodian to temporarily suspend or postpone a Participant's right to withdrawals that may be for the whole or any part of any period (i) during which trading in securities generally on the New York Stock Exchange or the American Stock Exchange or over-the-counter market shall have been suspended or minimum prices or maximum daily charges shall have been established on such exchange or market, (ii) a general banking moratorium shall have been declared by Federal, state, or the state of New York authorities, or (iii) there shall have occurred any outbreak, material escalation of hostilities, other calamity, or crisis, the effect of which on the financial markets of the United States is such as to make it impracticable (a) to dispose of the investment property because of the substantial losses that might be incurred or (b) to determine the investment property value in accordance with the valuation procedures. Portfolio Transactions FLCLASS and FLCLASS Enhanced Cash Subject to the general supervision of the Board, the Investment Advisor is responsible for placing the orders for portfolio transactions. The Trust's portfolio transactions occur only with broker dealers acting as principals except for commercial paper transactions that may be placed directly. Although the Trust does not ordinarily seek but nonetheless may make profits through short-term trading, the Investment Advisor may, on behalf of the Trust, dispose of any portfolio investment prior to its maturity if such disposition is advisable. The Trust's policy of investing in instruments with maturities of less than two years will result in high portfolio turnover. However, since brokerage commissions are not paid on the types of investments in which the Trust may invest, any turnover resulting from such investments does not adversely affect the net asset value or net income of the Trust. The Investment Advisor seeks to obtain the best net price and the most favorable execution of orders for the purchase and sale of portfolio securities. Portfolio investments will not be purchased from or sold to the Investment Advisor and Administrator, the Custodian, any 15 120 rLcinsss Trustee, or any affiliate, officer, director, employee, or agent of any of them. Determination of Net Asset Value FLCLASS The Administrator determines the net asset value of the shares of the portfolio as of the close of business of each day. The net asset value per share of the portfolio is computed by dividing the total value of the securities and other assets of the portfolios, less any liabilities, by the total outstanding shares of the portfolios. Liabilities, including all expenses and fees of the Trust, are accrued daily. For the purpose of calculating the portfolio's net asset value per share, the securities held by the portfolio are valued as follows: (1) securities for which market quotations are readily available are valued at the most recent bid price or yield equivalent as obtained from one or more market makers for such securities; (2) all other securities and assets are valued at fair market value determined in good faith. The result of this calculation is a share value rounded to the nearest penny. Accordingly, the price at which portfolio shares are sold and redeemed will not reflect unrealized gains or losses on portfolio securities that amount to less than $.005 per share. FLCLASS will endeavor to minimize the amount of such gains or losses. However, if unrealized gains or losses should exceed $.005 per share, a portfolio's net asset value per share will change from $1.00 or be maintained at $1.00 per share by retention of earnings or the reduction on a pro rata basis of each Participant's shares in the event of losses or by a pro rata distribution to each Participant in the event of gains. It is a fundamental policy of the Trust that FLCLASS seeks to maintain a net asset value of $1.00 per share but for the reasons herein stated, there can be no assurance that the net asset value will not vary from $1.00 per share. The net asset value per share of the Trust may be affected by general changes in interest rates resulting in increases or decreases in the value of the securities held by the Trust. The market value of such securities will vary inversely to changes in prevailing interest rates. Thus, if interest rates have increased from the time a security was purchased, such security, if sold, might be sold at a price less than its cost. Similarly, if interest rates have declined from the time a security was purchased, such security, if sold, might be sold at a price greater than its cost. If a security is held to maturity, no loss or gain is normally realized as a result of these fluctuations. FLCLASS Enhanced Cash The Trust determines the net asset value of the shares of the FLCLASS Enhanced Cash portfolio as of the close of business of each day. The net asset value per share of each portfolio is computed by dividing the total value of the securities and other assets of the portfolios, less any liabilities, by the total outstanding shares of the portfolios. Liabilities, which include all expenses and fees of the Trust, are accrued daily. For the purpose of calculating FLCLASS Enhanced Cash Pool's net asset value per share, the securities held by the portfolio are valued as follows: (1) securities for which market 16 121 R.cinsss quotations are readily available are valued at the most recent bid price or yield equivalent as obtained from one or more market makers for such securities; (2) all other securities and assets are valued at fair market value determined in good faith. The net asset value is expected to fluctuate from $10.00 per share. The net asset value per share of the Trust may be affected by general changes in interest rates resulting in increases or decreases in the value of the securities held by the Trust. The market value of such securities will vary inversely to changes in prevailing interest rates. Thus, if interest rates have increased from the time a security was purchased, such security, if sold, might be sold at a price less than its cost. Similarly, if interest rates have declined from the time a security was purchased, such security, if sold, might be sold at a price greater than its cost. Term Series The net asset value (or NAV) of each outstanding Term Series is determined daily by the Administrator. Other than at maturity, upon a redemption or at the fiscal year-end, portfolio securities are generally valued using the amortized cost method. This method involves valuing each investment at cost on the date of purchase and assuming a constant amortization to maturity of any discount or premium. Amortized cost valuation provides certainty in valuation, but may result in valuations that are higher or lower than the market price of a particular portfolio security. At maturity, upon redemption and at fiscal year- end, each Term Series' portfolio will be marked to market and such valuation will be used for determining distributions to investors and valuation for financial statement presentation. It is expected that the market value of a Term Series at maturity will approximate the amortized cost of the portfolio. A Term Series may experience a loss or gain if the mark to market value deviates from the Term Series' amortized cost. For Term Series with longer maturities, there exists a greater likelihood that the amortized cost of a portfolio may deviate from the market value within the duration of the Term Series. Computation of Yields FLCLASS and FLCLASS Enhanced Cash FLCLASS Prime quotes a daily and seven-day average yield for the portfolio in reports and information published by the Trust. To obtain the daily yield, a daily yield factor is first calculated. The factor is the net income for that day divided by the number of settled shares outstanding. The factor is then multiplied by 365 (366 in a leap year) to produce the daily yield. The seven-day average yield is obtained by averaging the daily yield for seven identified, consecutive days. From time -to -time, the Trust may also quote its yield on other bases for the information of its Participants. The yields quoted should not be considered a representation of the yield of the Trust in the future since the yield is not fixed. Actual yields will depend not only on the type, quality, and maturities of the investments held by the Trust and changes in interest rates on such investments but also on changes in the Trust's expenses during the period. Yield information may be useful in reviewing the performance of the Trust's portfolios and for 17 122 0 Ficrnss'`r providing a basis for comparison with other investment alternatives. Daily Income Allocations FLCLASS and FLCLASS Enhanced Cash All net income of the portfolio is determined as of the close of business each day (and at such other times as the Board may determine) and is credited immediately thereafter pro rats to each Participant's account. Net income that has thus accrued to the Participants is converted as of the close of business of each day into additional shares that are thereafter held in each Participant's account. Reinvested net income is converted into full and fractional shares at the rate of one share for each one dollar credited. Net income for the portfolio each day consists of (1) all accrued interest income on assets of the portfolio plus or minus (2) any amortized purchase discount or premium and less (3) accrued expenses. Reports to Trust Participants Annually At least annually, the Administrator shall prepare or cause to be prepared a report of operations containing a statement of the investment property and the investment property liabilities, statements of operations, and of net changes in net assets prepared in conformity with generally accepted accounting principles consistently applied. Additionally, the annual report will include an opinion of an independent certified public accountant on such financial statements based on an examination of the books and records of the Participants' accounts, maintained by the Administrator with respect to the investment property. Monthly Subsequent to the end of each month, the Administrator shall prepare and submit to each Participant a statement disclosing any activity and a closing balance in each of its accounts for such month. Additionally, the Administrator, upon the request of a Participant, shall furnish to the Participant a statement of such Participant's balance as of the date of such request subject only to account activity on such date. Trust Internal Controls Per Section 218.409(2), Florida Statutes, the Administrator are responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Trust are protected from loss, theft, or misuse. The Administrator shall establish a system of internal controls that shall be documented in writing. The internal controls shall be reviewed by the Board of Trustees, where applicable, and with the independent auditor. The controls shall be designed to prevent the loss of public funds arising from fraud, employee error, misrepresentation by third parties, or negligent actions by employees and officers of the Administrator. NAV Deviation Policy FLCLASS FLCLASS is a local government investment pool with a portfolio that operates similar to a registered money market fund with the 18 123 rLcinsss objective of maintaining a net asset value (NAV) of $1.00 per share. NAV deviations can occur due to changes in market interest rates, funds flowing into or out of the portfolio, gains or losses on the investments held in the portfolio, or unforeseen credit events for a security held in the portfolio. The NAV is calculated on a daily basis by dividing the net assets of the portfolio by the number of outstanding shares of the portfolio. The Administrator will obtain independent prices for each security in the portfolio on a daily basis to prepare a mark -to -market assessment of the difference between the amortized cost and market value of each holding. In cases where the price of a security is difficult to obtain, it is valued at fair market value determined in good faith. If the NAV calculation results in a deviation of 0.15 percent or 15 basis points, the Administrator will promptly notify the Chairman of the Board to recommend what action, if any, is being taken to stabilize the NAV and maintain the fund objectives of capital preservation and liquidity. The agreed upon plan will be documented in writing. If the NAV calculation results in a deviation of 0.25 percent or 25 basis points, the Administrator will consult with the Chairman of the Board on a daily basis to determine what action, if any, should be initiated to remedy the NAV deviation within five (5) business days of such occurrence. If the NAV deviation cannot be remedied within one week, the Administrator will inform S&P Global Ratings of the NAV deviation. The agreed -upon plan of action will be documented in writing. If the NAV calculation results in an actual deviation of 0.50 percent or 50 basis points, the Board and the Administrator will determine the appropriate course of action including but not limited to (a) notification to Participants, (b) temporarily halting redemptions and subscriptions, and (c) determining fund liquidation procedures, if deemed appropriate. If at any time the Administrator believes the extent of the NAV deviation from the portfolio's amortized cost value may result in a material dilution or other unfair results to the existing Participants' beneficial interests, the Administrator shall take such action as deemed appropriate to eliminate or reduce to the extent reasonably practicable such dilution or unfair results. Trust Expenses Public Trust, the Administrator, Investment Advisor and the Marketer are responsible for payment of the costs of operation of the Trust including but not limited to Administrator and Investment Advisor fees, Custodian fees, operations, and marketing expenses. Included in the costs paid by Public Trust are certain amounts that are agreed to each year for the payment of Trustee expenses, legal expenses, and audit expenses. If the actual cost for the total of those items exceeds the amount agreed to annually, Public Trust and the Board will negotiate a fair and equitable allocation of the excess cost. Any expenses incurred by the Trust in excess of the fee paid to Public Trust are apportioned on a pro rata basis to the portfolio. Fees FLCLASS and FLCLASS Enhanced Cash For the performance of its obligations set forth in the Program Administrative and Investment 19 124 rLcinsss Advisor Services Agreement (the Administrator Agreement), the Administrator will charge a fee from the respective Funds' Investment Property Value (the daily fee). This daily fee will accrue on a daily basis and be paid monthly in arrears and prorated for any portion of the month in which the Administrator Agreement is in effect. The daily fee shall be calculated as follows: the investment property value is multiplied by the applicable fee rate and is divided by 365 or 366 days in the event of a leap year to equal the daily fee accrual. The investment property value shall be based on the prior day's net assets. For weekend days and holidays, the net assets for the previous business day will be utilized for the calculation of fees. The applicable fee rate shall be determined by the Administrator monthly on the first business day of each month and shall be at an annual rate equal to up to fifteen (15) basis points. The Administrator is authorized to debit the applicable monthly fee amount within five (5) business days after the end of such month. All payment records and invoices will be presented at each subsequent meeting of the Board. Fees may be waived or abated at any time, or from time -to -time, at the sole discretion of the Administrator. Any such waived fees may be restored by the written agreement of the Board. Term Series Each Term Series pays an advisory and management fee to the Investment Advisor, a portion of which the Investment Advisor pays to the Administrator. Each Term Series may also have other operating expenses. The applicable Term Series of the Fund shall pay an advisory and management fee not to exceed 25 basis points annualized on any investments in the Term Series' portfolio. An additional fee, not to exceed 10 basis points annualized, will be charged for any assets of a Term Series that require management and administration of collateral, letters of credit or other third -party guarantees (including reciprocal programs). These fees shall be computed and accrued daily as an expense of the Term Series. Additional Programs and Services Fixed Rate Investment Program As authorized by the Board of Trustees, PMA Securities, LLC and PMA Financial Network, LLC ("PMA"), affiliates of Public Trust Advisors, Inc., offer Participants a Fixed Rate Investment program ("FRI"). Participants may contact the Marketer directly to purchase investment instruments approved by the Board and in accordance with stat statures, including deposits in financial institutions, commercial paper, bankers' acceptances, securities of the United States government and its agencies and instrumentalities, and other permitted investments pursuant to Section 218.415, Fla. Stat. The issuers of the instruments offered by this Program are selected based on criteria approved by the Trustees. Investors may purchase instruments of varying maturities (including maturities of more than one year) issued by a variety of issuers. Interest on deposit products will be credited at maturity. Interest on U.S. government obligations will be posted to the investor's account on the day it is received. Interest payment dates that fall on a day other than a business day for the Trust will be credited on the next business day. 20 125 rLcinsss With respect to the Fixed Rate Investment Program, Participants will be charged: An annualized mark-up of up to 0.15% on commercial paper and bankers acceptances. Investors purchasing securities of the U.S. Government and its agencies, or municipal securities through the FRI program pay an annualized mark-up of up to 0.15% of the principal amount of each such investment. Investors purchasing investments through the FRI program pay an annualized mark-up of up to 0.25% on deposit products of financial institutions carrying only FDIC or NCUA insurance, with an additional fee, if applicable, not to exceed 0.10% annualized, being charged for any assets that require management and administration of collateral, letters of credit, other third -party guarantees, or reciprocal programs, exclusive of insurance costs and any third -party placement fees. Where required by municipal advisor regulations, PMA Securities and not PMA Financial Network will receive the fee for products purchased through the FRI. With respect to investments in the FRI program, representatives of PMA will generally contact investors by telephone regarding maturities of their investments on or prior to the day of maturity. Additional Value Added Services The Investment Advisor and its affiliates may also offer other "Value Added" programs and services for eligible Participants for cash flow management, financial planning and, with respect to PMA Securities, LLC that includes services related to the investment of bond proceeds. Investors are advised that any additional services and programs that are made available directly by PTA or an affiliate or other applicable party, including the FRI program, are separate from the investment Series of the Trust. The parties offering such programs are solely responsible for them, and questions regarding any such program should be directed to the party offering it. Disclaimer *Past performance is no guarantee of future results. Any financial and/or investment decision may incur losses. Many factors affect performance including changes in market conditions and interest rates and in response to other economic, political, or financial developments. Investment involves risk including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The Trust, not any of its Funds or Series portfolios, are not a bank. An investment with the Trust is not guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although FLCLASS and Term Series seek to preserve your investment at $1.00, it cannot guarantee it will do so. External audits may not catch all instances of accounting errors and do not provide an absolute guarantee of accuracy. Public Trust Advisors, LLC, a registered investment advisor with the U.S. Securities and Exchange Commission, provides investment 21 126 FWinsss r advisory services to the Fund. PMA Securities, LLC, an affiliate of Public Trust Advisors, is a broker -dealer and municipal advisor registered with the SEC and MSRB and is a member of FINRA and SIPC and provides marketing, and securities and other institutional brokerage services. 10/2024 Managed by Public Trust Advisors, LLC Florida Office Public Trust Advisors, LLC 7380 Sand Lake Road, Suite 650 Orlando, FL 32819 (407) 588-9667 Online www.flclass.com info(aflclass.com 22 127 Online Sunshine Select Year: 2024 � FG7o The 2024 Florida Statutes (including 2025 Special Session Q Title XIV Chanter 218 View Entire Chanter TAXATION AND FINANCE FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS 218.415 Local government investment policies. —Investment activity by a unit of local government must be consistent with a written investment plan adopted by the governing body, or in the absence of the existence of a governing body, the respective principal officer of the unit of local government and maintained by the unit of local government or, in the alternative, such activity must be conducted in accordance with subsection (17). Any such unit of local government shall have an investment policy for any public funds in excess of the amounts needed to meet current expenses as provided in subsections (1)-(16), or shall meet the alternative investment guidelines contained in subsection (17). Such policies shall be structured to place the highest priority on the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. Each unit of local government shall adopt policies that are commensurate with the nature and size of the public funds within its custody. (1) SCOPE. —The investment policy shall apply to funds under the control of the unit of local government in excess of those required to meet current expenses. The investment policy shall not apply to pension funds, including those funds in chapters 175 and 185, or funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. (2) INVESTMENT OBJECTIVES. —The investment policy shall describe the investment objectives of the unit of local government. Investment objectives shall include safety of capital, liquidity of funds, and investment income, in that order. (3) PERFORMANCE MEASUREMENT. —The investment policy shall specify performance measures as are appropriate for the nature and size of the public funds within the custody of the unit of local government. (4) PRUDENCE AND ETHICAL STANDARDS. —The investment policy shall describe the level of prudence and ethical standards to be followed by the unit of local government in carrying out its investment activities with respect to funds described in this section. The unit of local government shall adopt the Prudent Person Rule, which states that: "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." (5) LISTING OF AUTHORIZED INVESTMENTS. —The investment policy shall list investments authorized by the governing body of the unit of local government, subject to the provisions of subsection (16). Investments not listed in the investment policy are prohibited. If the policy authorizes investments in derivative products, the policy must require that the unit of local government's officials responsible for making investment decisions or chief financial officer have developed sufficient understanding of the derivative products and have the expertise to manage them. For purposes of this subsection, a "derivative" is defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values. If the policy authorizes investments in reverse repurchase agreements or other forms of leverage, the policy must limit the investments to transactions in which the proceeds are intended to provide liquidity and for which the unit of Local government has sufficient resources and expertise. (6) MATURITY AND LIQUIDITY REQUIREMENTS. —The investment policy shall require that the investment portfolio is structured in such manner as to provide sufficient liquidity to pay obligations as they come due. To that end, the investment policy should direct that, to the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash -flow requirements. (7) PORTFOLIO COMPOSITION. —The investment policy shall establish guidelines for investments and limits on security issues, issuers, and maturities. Such guidelines shall be commensurate with the nature and size of the public funds within the custody of the unit of local government. (8) RISK AND DIVERSIFICATION. —The investment policy shall provide for appropriate diversification of the investment portfolio. Investments held should be diversified to the extent practicable to control the risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which financial instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically, as deemed necessary by the appropriate management staff. (9) AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS. —The investment policy should specify the authorized securities dealers, issuers, and banks from whom the unit of local government may purchase securities. (10) THIRD -PARTY CUSTODIAL AGREEMENTS. —The investment policy shall provide appropriate arrangements for the holding of assets of the unit of local government. Securities should be held with a third party; and all securities purchased by, and all collateral obtained by, the unit of Local government should be properly designated as an asset of the unit of local government. No withdrawal of securities, in whole or in part, shall be made from safekeeping, except by an authorized staff member of the unit of local government. Securities transactions between a broker -dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. (11) MASTER REPURCHASE AGREEMENT. —The investment policy shall require all approved institutions and dealers transacting repurchase 128 agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (12) BID REQUIREMENT. —The investment policy shall require that the unit of local government's staff determine the approximate maturity date based on cash -flow needs and market conditions, analyze and select one or more optimal types of investment, and competitively bid the security in question when feasible and appropriate. Except as otherwise required by law, the bid deemed to best meet the investment objectives specified in subsection (2) must be selected. (13) INTERNAL CONTROLS. —The investment policy shall provide for a system of internal controls and operational procedures. The unit of local government's officials responsible for making investment decisions or chief financial officer shall establish a system of internal controls which shall be in writing and made a part of the governmental entity's operational procedures. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. The internal controls should be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the unit of local government. (14) CONTINUING EDUCATION. —The investment policy shall provide for the continuing education of the unit of local government's officials responsible for making investment decisions or chief financial officer. Such officials must annually complete 8 hours of continuing education in subjects or courses of study related to investment practices and products. (15) REPORTING. —The investment policy shall provide for appropriate annual or more frequent reporting of investment activities. To that end, the governmental entity's officials responsible for making investment decisions or chief financial officer shall prepare periodic reports for submission to the legislative and governing body of the unit of local government, which shall include securities in the portfolio by class or type, book value, income earned, and market value as of the report date. Such reports shall be available to the public. (16) AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT POLICIES. —Those units of local government electing to adopt a written investment policy as provided in subsections (1)-(15) may by resolution invest and reinvest any surplus public funds in their control or possession in: (a) The Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act of 1969, as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest -bearing time deposits or savings accounts in qualified public depositories as defined in s. 280.02. (d) Direct obligations of the United States Treasury. (e) Federal agencies and instrumentalities. (f) Rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel. (g) Securities of, or other interests in, any open-end or closed -end management -type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (h) Other investments authorized by law or by ordinance for a county or a municipality. (i) Other investments authorized by law or by resolution for a school district or a special district. (17) AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT POLICY. —Those units of local government electing not to adopt a written investment policy in accordance with investment policies developed as provided in subsections (1)-(15) may invest or reinvest any surplus public funds in their control or possession in: (a) The Local Government Surplus Funds Trust Fund, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act of 1969, as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest -bearing time deposits or savings accounts in qualified public depositories, as defined in s. 280.02. (d) Direct obligations of the U.S. Treasury. The securities listed in paragraphs (c) and (d) shall be invested to provide sufficient liquidity to pay obligations as they come due. (18) SECURITIES; DISPOSITION. — (a) Every security purchased under this section on behalf of the governing body of a unit of local government must be properly earmarked and: 1. If registered with the issuer or its agents, must be immediately placed for safekeeping in a location that protects the governing body's interest in the security; 2. If in book entry form, must be held for the credit of the governing body by a depository chartered by the Federal Government, the state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state, and must be kept by the depository in an account separate and apart from the assets of the financial institution; or 3. If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeeping in a secured vault. (b) The unit of local government's governing body may also receive bank trust receipts in return for investment of surplus funds in securities Any trust receipts received must enumerate the various securities held, together with the specific number of each security held. The actual 129 securities on which the trust receipts are issued may be held by any bank depository chartered by the Federal Government, this state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state. (19) SALE OF SECURITIES. —When the invested funds are needed in whole or in part for the purposes originally intended or for more optimal investments, the unit of Local government's governing body may sell such investments at the then -prevailing market price and place the proceeds into the proper account or fund of the unit of local government. (20) PREEXISTING CONTRACT. —Any public funds subject to a contract or agreement existing on October 1, 2000, may not be invested contrary to such contract or agreement. (21) PREEMPTION. —Any provision of any special act, municipal charter, or other law which prohibits or restricts a local governmental entity from complying with this section or any rules adopted under this section is void to the extent of the conflict. (22) AUDITS. —Certified public accountants conducting audits of units of local government pursuant to s. 218.39 shall report, as part of the audit, whether or not the unit of local government has complied with this section. (23) AUTHORIZED DEPOSITS. —In addition to the investments authorized for local governments in subsections (16) and (17) and notwithstanding any other provisions of law, a unit of Local government may deposit any portion of surplus public funds in its control or possession in accordance with the following conditions: (a) The funds are initially deposited in a qualified public depository, as defined in s. 280.02, selected by the unit of Local government. (b) The selected depository arranges for depositing the funds in financial deposit instruments insured by the Federal Deposit Insurance Corporation in one or more federally insured banks or savings and loan associations, wherever located, for the account of the unit of local government. (c) The full amount of the principal and accrued interest of each financial deposit instrument is insured by the Federal Deposit Insurance Corporation. (d) The selected depository acts as custodian for the unit of local government with respect to each financial deposit instrument issued for its account. (24) INVESTMENT DECISIONS. — (a) As used in this subsection, the term "pecuniary factor" means a factor that the governing body of the unit of local government, or in the absence of the existence of a governing body, the respective principal officer of the unit of local government, prudently determines is expected to have a material effect on the risk or returns of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests. (b) Notwithstanding any other law, when deciding whether to invest and when investing public funds pursuant to this section, the unit of Local government must make decisions based solely on pecuniary factors and may not subordinate the interests of the people of this state to other objectives, including sacrificing investment return or undertaking additional investment risk to promote any nonpecuniary factor. The weight given to any pecuniary factor must appropriately reflect a prudent assessment of its impact on risk or returns. History.—s. 1, ch. 95-194; s. 2, ch. 97-9; s. 3, ch. 2000-264; ss. 66, 141, ch. 2001-266; s. 2, ch. 2005-126; s. 1, ch. 2007-89; s. 42, ch. 2008-4; s. 2, ch. 2009-140; s. 13, ch. 2023-28; s. 93, ch. 2024-140. Copyright © 1995-2025 The Florida Legislature • Privacv Statement • Contact Us 130