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HomeMy WebLinkAbout10-22-2025 CC MinutesCITY OF SF15ASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, OCTOBER 22, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Ed Dodd Council Member Chris Nunn Staff Present City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Chief Financial Officer Brian Stewart Community Development Director Alix Bernard City Engineer/Special Projects Manager Karen Miller Parks and Recreation Director Richard Blankenship Public Works Director Lee Plourde Procurement Manager Jessica Graham Human Resources Director Cindy Watson MIS Manager Barbara Brooke -Reese Social Media Coordinator Avery Joens Police Chief Daniel Acosta Police Lt. Roy Cole 5. AGENDA MODIFICATIONS Through a motion by Council Member Dodd and second by Vice Mayor Jones, that was unanimously approved, the City Manager asked to add the following items: an additional application for appointment to the General Employees Retirement Board of Trustees and a $1.5M Land and Water Conservation Grant for the Riverview Park Project. In addition, Council Member Dodd made a motion that was seconded by Council Member Nunn, to add a proposed interim attorney contract which was unanimously approved. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS CRA & Regular City Council Meeting October 22, 2025 Page 2 25.037 A. Presentation by Dr. David K. Moore, Superintendent of the School District of Indian River County Dr. Moore pointed out recent improvements in the Sebastian school ratings including a newly established Pelican Island Classical Magnet School, which is a gem for the community. He also warned about the "Schools of Hope" program, which was originally designed to help persistently low -performing schools but now includes provisions to let charter schools co - occupy open seats in districts like Indian River, where all Sebastian -area schools earned "A" grades this year. He called for advocacy to state officials, urging them to close loopholes allowing charters into thriving districts like Indian River. 25.158 B. Proclamation Recoanizina Florida City Week — October 20-26, 2025 Mayor McPartlan read the proclamation for Florida City Week outlining the importance of city governments. BriefAnnouncements: Friday - October 24 - Halloween Celebration at Riverview Park Costume contest registration begins at 5:30pm Trunk or Treat begins at 5:30pm Costume contest begins at 6:15pm Sebastian Police Department Movie Night Out - Minecraft - 7.15pm Saturday - October 25 to October 26 - Hiram's Haul - Riverview Park Twin Piers - 3:30pm to IOpm Saturday, October 25 - Sebastian Scream 5K& Haunted Rail Trail - 9450 County Road 512 - 5pm to IOpm Saturday - November 1 - Exchange Club Junior Blue Water Open - Riverview Park Pavilion - 8am to 1:30pm November 7 to November 9 - 22nd Annual Clambake Lagoon Festival - Riverview Park - Friday - 5pm to 9pm, Saturday - 12pm to 9pm - Sunday - 11 am to 5pm November 11 - Veterans Day Ceremony at Veterans Memorial in Riverview Park - 11 am November 11 - In observance of Veterans Day, City Hall will be closed Additional events: Tuesday - October 28 - Adaptation Plan Public Input Meeting - Council Chambers 6pm - 7pm Wednesday - October 29th - Riviera and Gardenia Construction Project Meeting - Public Works 5:30pm - 6.30pm Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Damien Gilliams, Sebastian, said he was cited for having his food trunk on his commercial property that he took all the way up to the Florida Supreme Court for appeal, which was denied. He asked for assistance to allow his food truck to operate for more than three days in a row. Carol Klein, Sebastian, said a lot of small businesses are having trouble getting started in the City which prohibits employment opportunities. She too, asked for assistance for Mr. Gil liams. Mayor McPartlan recessed the City Council meeting and opened the Community Redevelopment Agency Meeting at 6:22 p.m. CRA & Regular City Council Meeting October 22, 2025 Page 3 8. COMMUNITY REDEVELOPMENT AGENCY A. A motion was made by Mr. Nunn and seconded by Vice Chairman Jones to approve the September 24, 2025 CRA minutes which passed with a unanimous voice vote of 4-0. 25.047 B. Consideration of Aooroval of a Florida Inland Navigational District (FIND) Grant Agreement in the Amount of $93,250 for the Shoreline Stabilization of the Swina_ and Bench Park and Authorize the Use of CRA Funds The City Manager said he was requesting the CRA board's approval to accept the FIND grant and provide the matching portion to the grant for the shoreline stabilization efforts at the future Swing and Bench Park. The Community Development Director said this was in alignment with the CRA 2023 Master Plan. MOTION by Vice Chairman Jones and a SECOND by Mr. Nunn to approve acceptance of the FIND Grant for the shoreline stabilization of the Swing and Bench Park and provide the matching funds. Damien Gilliams said the FIND district covers the whole City and there are a lot of properties that would like to share the funds. The City Manager confirmed that the project would only be $186,500 and Mr. Dodd asked if there was any thought for the overage amount. The City Manager said the overage amount will be about $103,000 for other projects such as the Riverview Park improvements. Chairman McPartlan called for a recess from 6:30 to 6:32 p.m. due to a power surge affecting the recording equipment. Vice Chairman Jones reminded the audience that the big projects are for everyone in the City and those that visit the CRA district. Mr. Nunn said the grant money is to stabilize the shoreline and wouldn't be available for individual businesses. Roll call: Vice Chairman Jones - aye Mr. Dodd - aye Mr. Nunn - aye Chairman McPartlan - aye Motion carried. 4-0 Chairman McPartlan adjourned the CRA meeting and reconvened the City Council meeting at 6:33 p.m. 8. CONSENT AGENDA A. Consideration of Draft September 15, 2025 Special City Council Meeting Minutes B. Consideration of Draft September 24, 2025 City Council Minutes CRA & Regular City Council Meeting October 22, 2025 Page 4 25.159 C. Consideration of Blanket Travel Authorization for City Council Travel Through the End of Fiscal Year 2025-2026 25.160 D. Consideration of Resolution No. R-25-40 Approving a Piggyback of Contract 2 4COR-010 by the Town of Greece for Pavement Management Software and Services and Authorization to Issue a Purchase Order to Pavement Management Group, LLC, Not to Exceed $35,000 and Authorization the Mayor to Execute 25.047 E. Consideration of Resolution No. R-25-42, Approving a Grant Agreement with the Florida Inland Navigation District (FIND) for Shoreline Stabilization of the Swing and Bench Park in the Amount of $93,250; Authorizing Matching Funding and Providing Authority to the Mayor and City Manager to Execute the Appropriate Documents 25.029/25.044 F. Consideration of Resolution No. R-25-43, Approving a Grant Agreement with the Florida Inland Navigation District (FIND) for Dredging of the Main Street Boat Ramp in the Amount of $250,000; Authorizing the Matching Funding; Providing Authority to the City Manager or Designee to Execute the Appropriate Documentation 25.161 G. Consideration of the Issuance of a Purchase Order for Vector Security, Inc. to Provide Fire Alarm Inspection and Monitoring, Fire Sprinkler Inspection, and Backflow Inspection, Not to Exceed $18,000, and Authorize the City Manager or Designee to Execute 25.162 H. Alcohol Beverage Approval - Alvey Family 25.163 I. Alcohol Beverage Approval - Barnes Family 25.164 J. Alcohol Beverage Approval - Rodriguez Family 25.165 K. Alcohol Beverage Approval - Rohrer Family MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve Consent Agenda Items A-K. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 4-0 9. COMMITTEE REPORTS & APPOINTMENTS 25.128 A. Consider the ADr)ointment of Resident Positions on the Board of Trustees Retirement Plan for General Emolovees Council Member Nunn and Council Member Dodd nominated Mr. Marshall and Mr. Votaw for three-year terms, and Mr. Matthews for a two-year term, on the Board of Trustees. The nominations were unanimously approved by a voice vote of 4-0. CRA & Regular City Council Meeting October 22, 2025 Page 5 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 25.166 A. Consideration of a Purchase Order for Motorola Solutions, Inc. in the Amount of $142,868.87 to Provide Public Safetv Communications and Authorize the Citv Manaa_ er or Desianee to Execute the Appropriate Documentation The City Manager said additional funds were budgeted to provide four cameras for the Police Department and six for City Hall and he requested approval. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the purchase order for Motorola Solutions, Inc. Mayor McPartlan asked for public comment but no one came forward. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 4-0 25.152 B. Consideration of a Purchase Order for Shenandoah General Construction, LLC for $51,786.00 to ComDlete Investigation and SliD Linina Repairs of Failed Culvert Pipina at Main Street and Authorize the Citv Manager or Desianee to Execute the ADDroDriate Documentation The Public Works Director said this was a large culvert pipe that has failed on Main Street and it was the least intrusive way to make the repair. He requested approval. MOTION by Vice Mayor Jones and SECOND by Council Member Dodd to approve a purchase order for Shenandoah General Construction to slip line the failed culvert piping at Main Street. Mayor McPartlan asked for public input but no one came forward. Roll call: Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 4-0 25.167 C. Consideration of a Purchase Order for Heavv Civil, Inc. in an Amount of S 174.000.00 to Provide Drivewav Culvert Maintenance and Concrete Services in Con iunction with Phase 4 Roadwav Pavina and Authorize the Citv Manager or Designee to Execute the Appropriate Documentation The Public Works Director said this was to replace the failed culvert pipes identified in the initial assessment prior to doing milling and overlay throughout the City in the Phase 4 Scheduled Road Repaving. CRA & Regular City Council Meeting October 22, 2025 Page 6 MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve the purchase order for Heavy Civil, Inc. to replace the failed culvert pipes. Mayor McPartlan asked for public input but no one came forward. Roll call: Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Motion carried. 4-0 25.025 D. Consideration of a Purchase Order for Asphalt Paving Systems. Not to Exceed $642,618.30 for the Phase 4 Road Paving Proiect, specifically for the Preservation Pavement Method, and Authorize the City Manaaer or Designee to Execute The Public Works Director said these roadways were also identified in the initial assessment that will not require swale or driveway culvert work. He said these roads were over by Kildare Drive and Spring Valley Avenue. MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve a purchase order with Asphalt Paving Systems to presence the roadways. Mayor McPartlan asked for public input but no one came forward. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Motion carried. 4-0 E. Consideration of Resolution No. R-25-44 Approving a Grant Agreement with the Florida Department of Environmental Protection (FDEP) Land and Water Conservation for S 1,500,000.00 to be Used for Renovations to Riverview Park, Authorize Matchina Funds„ and Authorize the Mayor and/or City Manager to Execute the Appropriate Documentation The City Manager stated this federal grant is managed through the Florida Department of Environmental Protection. The City applied to make renovations to Riverview Park and the Parks and Recreation Director was just notified just last Monday of the award which was due back with signatures to FDEP by October 315t. The City requested an extension to respond but didn't hear back so he added it to the agenda for approval. The Parks and Recreation Director said there was a FIND grant to go along with this grant for design and permitting. Council Member Dodd stated that we will have to make sure that we can allocate those funds without impacting other city businesses because a lot of things are going on right now that may impact our ability to budget. He said he believed this was something that they should approve but he would not be ready to begin the project at this time. CRA & Regular City Council Meeting October 22, 2025 Page 7 MOTION by Council Member Dodd and SECOND by Vice Mayor Jones without restrictions to approve the agreement with FDEP for the Land and Water Conservation grant for renovations to Riverview Park. Mayor McPartlan asked for public input but no one came forward. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 4-0 Agreement for Legal Services with James D. Stokes, P.A. The Human Resources Director said she spoke to Jim Stokes about the interim position and he has signed the agreement that was distributed to them (See attached). She requested an effective date. Council Member Dodd suggested they make the agreement effective tomorrow because there are some items that he may need to transition into. The City Attorney advised that he could be appointed as Special Counsel until her last day and then he would be the official interim attorney on October 29. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve the Agreement for Legal Services with James Stokes with the employment date of October 29tn Mayor McPartlan asked for public input but no one came forward. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Motion carried. 4-0 MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to appoint Jim Stokes a Special Counsel at the rate of his interim City Attorney Agreement, effective tomorrow. Mayor McPartlan asked for public input but no one came forward. Roll call: Council Member Nunn -aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 4-0 13. CITY ATTORNEY MATTERS 25.168 A. Discussion and Direction to the Citv Attornev Reaardina the Citv's Participation in the State of Florida Ooioid Litiaation Settlement and Potential Allocation of Settlement Proceeds Among Florida Jurisdictions, Authoring the (Current and Future) Mavor or Authorized Designee to Execute all Future Settlement Aareements as Needed The City Attorney said these settlement agreements will authorize the current mayor as well as the future mayor to execute any needed documents so the documents won't have to come back CRA & Regular City Council Meeting October 22, 2025 Page 8 to Council. The documents encompass the national settlements for the distributors as well as the retailers. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve the City's participation in the State of Florida Opioid Litigation Settlement and potential allocation of settlement proceeds among the Florida Jurisdictions. Mayor McPartlan asked for public input but no one came forward. Roll call: Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Motion carried. 4-0 14. CITY MANAGER MATTERS The City Manager recognized staff for their initiative to go after so many grant opportunities. He noted that tonight they approved the acceptance of over $1,800,000 in three grants which is a great thing. He also reported that at the Legislative Delegation Meeting today, he spoke on the City's priorities. He said as of today, at least 13 bills have been filed regarding property taxes which will be the hot topic of the 2026 Legislative Session. The City Manager said the Public Works Director led the charge with FDOT on the basin area on the Eastbound side of CR512 and US 1. He reported that the area is substantially improved and FDOT did a great job. The City Manager also reminded the public that the Schumann Railroad Crossing area will be closed for FEC Railway maintenance beginning November 13th for a couple of days. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS Council Member Dodd said there are a lot of positive things going on in the City as a result of the department heads sitting in the front row. He thanked the staff for the grant work and all of the work they're doing for the residents of the city. He said the issues that small businesses are facing are because the economy is beginning to shift in the wrong direction for small businesses, and there's a lot of things going on right now that are going to impact that. He said if there's anything that the City can do to support that, we will. He said the food truck issue at the No Name Bar comes from the fact that the City has an ordinance about the use of food trucks which was done to protect brick and mortar restaurants in the City so that food trucks could not come in and set up and take large amounts of business away from brick -and -mortar restaurants who have a large amount of overhead compared to a food truck. He said he was still in favor of protecting the brick -and -mortar restaurants. CRA & Regular City Council Meeting October 22, 2025 Page 9 Council Member Dodd also said at the delegation meeting earlier in the day, a lot of people said the same things, "Get out of our way and let us do our work," and stop unfunded mandates. He asked the residents to watch the proposed legislation that probably has a good chance of passing. Vice Mayor Jones thanked staff for everything that they do because those are the people that make things work in this City and make residents' lives better. Mayor McPartlan said when he is out and talking to people, they're talking about how easy it is to do business with Sebastian as opposed to trying to do with the County. And he has received several accolades about Ms. Bernard while he is out, as well as the rest of staff. He encouraged staff to keep up the great work. Council Member Nunn said people talk about how bad permitting is in Sebastian and how long inspections take but his neighbor, 2 days ago, put up a new roof in one day. They did the inspections remotely using a phone which was amazing. He also said people comment on all of the empty storefronts in town but the empty storefronts he sees are the very old buildings, like on the corner of Main Street in US 1, which the City doesn't own. There are a lot of new businesses coming to our town and a lot of businesses are remodeling and adding things. He said the people who are complaining are doing so because they don't want to follow the rules. Vice MayorJones said if anybody would like to know about what businesses are coming in town, all they have to do is go to the Sebastian River Area Chamber of Commerce. There are ribbon cuttings all the time for new businesses in this area, proving we are doing a great job here in the City. Mayor McPartlan reminded the listening audience thatthe next meeting is November 12 where there will be the swearing in and welcoming of new Council Member, Sherrie Matthews. 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7:03 p.m. Approved at the December 3, 2025 Regular City Council meeting. Mayor ATTEST: (�&41 r �-k -fir Jeanette Williams, ►ty Clerk A� C OF SE I Z Q' �FPELIC0" CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE October 22, 2025 Added to the agenda by the City Manager TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director SUBJECT Consideration of Resolution No. R-25-44 Approving a Grant Agreement with the Florida Department of Environmental Protection Land and Water Conservation for $1,500,000.00 to be used for Renovations to Riverview Park, Authorize Matching Funds, and Authorize the Mayor and/or City Manager to Execute the Appropriate Documentation EXECUTIVE SUMMARY The Florida Department of Environmental Protection (FDEP), on behalf of the National Park Service, has awarded the City of Sebastian a grant to assist with renovations at the City of Sebastian's Riverview Park. The FDEP grant agreement is presented for consideration of approval. A 50% match of $1,500,000.00 was budgeted in the Capital Improvement Plan utilizing Discretionary Sales Tax funding. The total project price is $3,000,000.00. Under the terms of the funding agreement, the City of Sebastian will install picnic pavilions, a splashpad, playground, volleyball courts and renovate waterfront trails, fishing pier and outdoor performance area/stage. The project will also include new installations to landscaping, parking and restroom renovations. This Project addresses the strategic plan initiative of improving quality of life for the residents and visitors to the City of Sebastian. RECOMMENDATION Staff recommends approval of Resolution No. R-25-44, authorizing for the execution of the Florida Department of Environmental Protection Land and Water Conservation Fund grant agreement, required matching funds and authorize the City Manager to execute the agreement and any related documents necessary to proceed with the renovations to Riverview Park. ATTACHMENTS: 1. Resolution No. R-25-44 2. LWCF Grant Agreement 3. Agreement FUNDING SOURCE: Expenditure required $3,000,000.00 Additional Funds Needed: $ 0.00 Amount Budgeted: $3,000,000.00 Funding source $1,500,000 LWCF Grant $1,500,000 Discretionary Sales Tax RESOLUTION NO. R-2544 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND EXECUTING THE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RENOVATIONS TO RIVERVIEW PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection has awarded the City of Sebastian a grant for the renovations to Riverview Park; and WHEREAS, the grant agreement is presented for approval and execution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORIZATION. The submittal of the Florida Department of Environmental Protection grant agreement is presented for approval and execution. SECTION 2. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon adoption. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of October, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Jennifer Cockcroft, City Attorney Added to the agenda by the City Attorney CITY OF HOME OF PELICAN ISLAND AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this day of October 2025 by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City') and James D. Stokes, P.A. (hereinafter referred to as James Stokes) pursuant to the following terms and conditions. WHEREAS, the City desires to retain James Stokes as a part-time contractual City Attorney for the City of Sebastian; and WHEREAS, the City expects James Stokes to perform all the responsibilities and obligations required as City Attorney, as illustrated in Section III of this Agreement and pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and, WHEREAS, James Stokes is willing to enter into a relationship with the City of Sebastian to perform the services as provided: NOW THEREFORE in consideration of the mutual covenants contained herein, the City and James Stokes, hereby agree as follows: I. APPOINTMENT The City hereby appoints James Stokes as the City Attorney of the City of Sebastian effective I October 2025. II. TERM OF AGREEMENT The term of this Agreement will continue until either party terminates the Agreement with written notice. The City of Sebastian shall be required to present any notice to terminate, without cause. thirty (30) days written notice to James Stokes. Written notice from the City will be presented by the City Manager as an authorized agent of the City only after such action has been directed by the City Council. III. DUTIES OF THE CITY ATTORNEY It is understood that James Stokes has been retained to act as City Attorney to provide general legal representation to the City as prescribed by the City Charter. These duties include providing legal services to the City Council and functioning as legal counsel to the City Clerk and City Manager as their request. This mission will include, but not limited to, representation in the areas of general local government law, employment law, land use law, real property law, environmental law, election law and constitutional law. Specific duties include: 1. Attendance at Regular and Special Meetings of the City Council and attendance at the meetings of the planning and Zoning Commission. 2. Attendance and representation of the City at quasi-judicial board meetings other than City Council meetings. 3. Attendance and representation of the City at Special Magistrate hearings. Drafting of pleadings, orders, and related documents pertaining to Special Magistrate hearings. 4. Providing legal advice on general matters of the City to members of the City Council. 5. Conducting in office hours a minimum of two days a week (as coordinated with City Manager) for a minimum of six hours per day at City Hall for the purpose of advising the City Manager, City Clerk, and City Department Head staff on general legal matters that arise while conducting the day-to-day operations of the City. The City shall provide secretarial, office space, equipment, and other administrative support for this function. Additional office hours may be established by mutual consent of James Stokes, the City Manager and the City Clerk. 6. Drafting and executing resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, the City Manager and the City Clerk. 7. Administrating the City`s general liability claims. 8. Other matters that are deemed mutually agreeable between the parties that are not provided above. IV. COMPENSATION The City will compensate James Stokes at a rate of $250 per hour, exclusive of complex litigation or matters assigned to insurance counsel. With the approval of the City Council, complex litigation will either be handled internally at a rate of $250 per hour or shall be assigned to outside counsel. Special projects may be assigned to James Stokes which may be compensated separately. This compensation includes costs that are incidental to the position such as travel, per diem and out-of-pocket expenses. The terms and conditions relating to compensation may be renegotiated by either party with thirty (30) days written notice hand delivered by petitioner to opposing party. V. INDEMNIFICATION Subject to any limitation imposed on Florida law, the City shall defend, save harmless and indemnify James Stokes against any tort, professional liability claim/demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of James Stokes acting within the course and scope of his duties as City Attorney. VI. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. VII1. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement, not withstanding Section V herein. IX. NOTICES All notices, consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: To the Employer. City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 With Copy to: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 To City Attorney: James D. Stokes, P.A. 3425 Bayside Lakes Boulevard, Suite 103 Palm Bay, Florida 32909 X. ENFORCEMENT In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting its asserts specific contentions concerning the Agreement which are filed upon the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and James Stokes has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation Bob McPartlan Mayor ATTEST. Jeanette Williams, MMC City Clerk %James D. Stokes City Attorney