HomeMy WebLinkAbout02-08-2023 CC AgendaLin Cr
SEBASTt
HOME Of PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, FEBRUARY 8, 2023 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CITY'S WEBSITE
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Nunn
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.
Brief Announcements:
February 10 - Unveiling of the First CRA Mural at Mel Fisher's Treasure Museum, 1322
U.S. Hwy 1 -Noon
February I I - Craft Club of Sebastian Show in Riverview Park - IOam-3pm
February 17 - Chamber of Commerce Concert in the Park— SRHS (full ensemble wlsteel
drums — 5: 30 to 8: 3Opm
February 20 - City Hall Closed_for Presidents Day Observance
March I — Sebastian CRA Redevelopment Team Workshops — Council Chambers -
IP OOam to 1 pm and Spm to 7pm
7. PUBLIC INPUT
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 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.
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8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There
will be no separate discussion of consent agenda items unless a member of City Council so
requests; in which event, the item will be removed and acted upon separately. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
pgs 7-11 A. Approval of Minutes - January 18, 2023 Special Meeting
pgs 12-22 B. Approval of Minutes - January 27, 2023 Regular Meeting
pgs .23-25 C. Prior Authorization for Council Travel to the Florida League of Cities Legislative
Action Day - April 3-5, 2023 in Tallahasse (Transmittal, Agenda)
pgs 26-39 D. Resolution No. R-23-04 - Abandonment of Easements over Lots 8 & 9, Block
138, Sebastian Highlands Unit 4 (Transmittal, R-23-04, Map, Staff Report,
Approval, Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY
FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 & 9, BLOCK 138,
SEBASTIAN HIGHLANDS UNIT 4, PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR EFFECTIVE DATE.
pgs 40-111 E. Approve the Repainting of Runway 10-28 and Taxiway Bravo Markings at the
Sebastian Municipal Airport by Florida Airfield Maintenance/JV Using the FDOT
PTGA FM450933-1-94-01 Grant Award (Transmittal, R-22-29, Agreement)
pgs 112-114 F. Approve Indian River County Supervisor of Elections' Request to Hold
2023/2024 Elections in the Community Center (Transmittal, Agreement)
pgs 115-160 G. Approve the Piggyback Purchase of One 2023 GMC Sierra 1500 Work Truck
from Alan Jay Fleet Sales under the Sourcewell Contract #901521-NAF in the
Amount of $35,406 for the Stormwater Division (Transmittal, Quote, Contracts,
Code Sec. 2-10(b))
pgs 161 165 H. Approve the Purchase of Forty Thousand (40,000) Pistol Rounds of 10mm
Ammunition from Lou's Police Distributors for the Sebastian Police Department
in the Amount of $19,275 (Transmittal, Quotes, Procurement Form)
9. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public
input or action except for City committee member nominations and appointments under
this heading.
pgs 166-196 A. Planning and Zoning Commission (Transmittal, Annlications, List, Advertisement)
i. Fill One Expired, Regular Member Position - New Term to Expire 2/l /26
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111) -alj1.3 91[a II DY419-wr I
P9s 197-224 A. Resolution No. R-22-34 Providing for an Annexation Agreement (R-22-34)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR AN ANNEXATION AGREEMENT BETWEEN
THE CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL
CORPORATION AND THE GRAVES BROTHERS COMPANY TO
MEMORIALIZE THE PARTIES UNDERSTANDING AND AGREEMENTS
WITH RESPECT TO THE ANNEXATION OF 2044 ACRES, MORE OR LESS,
INTO THE CITY, AND WITH RESPECT TO THE FUTURE DEVELOPMENT
AND USE OF THE PROPERTY. PROVIDING FOR CONFLICT;
PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S
ERRORS; AND AN EFFECTIVE DATE
Procedures for legislative public hearings:
Mayor opens hearing
Attorney reads ordinance title
Staff presentation
Public input
Staff summation
Mayor closes hearing
Council deliberation and action
Pgs 225-258 B. Second Reading and Public Hearing of Ordinance No. 0-22-07 Petition for
Voluntary Annexation - Graves Brothers Company (Transmittal, Survey, Ex. la
& 1 b, Attachment A)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR
THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES,
MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY
ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW,
NORTH OF 69TH STREET ROW, AND EAST OF 90TH AVE ROW; PROVIDING
FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES
THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING
CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 259-311 C. Second Reading and Public Hearing of Ordinance No. 0-22-13 - Request for
Comprehensive Plan Future Land Use Map and Text Amendment - Graves
Brothers Company (Transmittal, 0-22-13, Staff Report, Justification Statement,
P&Z Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE
COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY
ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1
(AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR
LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT
TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE;
AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILI TY/INTERPRETATION; PROVIDING
FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND
PROVIDING AN ADOPTION SCHEDULE.
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11. UNFINISHED BUSINESS
pgs 312-324 A. Approve a Services Contract Agreement with Colin Baenziger & Associates for
the City Attorney Recruitment Process and Authorize the City Manager to
Execute the Agreement (Transmittal, Agreement, Attachments, Code Sec. 2-
10(d)(4))
12. NEW BUSINESS
P95 325--343 A. Review the Process and Procedures for Reviewing the Charter Officer
Employment Contracts (Transmittals, Contracts, R-21-04)
pgs 344-356 B. Consider 2023 Early Voting - Approve the Municipal Election Agreement
between the Indian River County Supervisor of Elections and the City of
Sebastian for the November 7, 2023 Election (Transmittal, Early Voting Quote,
Agreement)
pgs 367-360 C. Consider Indian River County Supervisor of Elections' Request to Hold 2024
Early Voting in Council Chambers - Consider Rescheduling the March 13,
August 14 and October 23, 2024 City Council Meetings (Transmittal, 2024
Calendar, Agreement)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
lb. CITY COUNCIL MATTERS
A. Council Member Dodd
B. Council Member McPartlan
C. Mayor Jones
D. Vice Mayor Nunn
E. Council Member Dixon
17. 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 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES A CT (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 INADVANCE OF THIS MEETING.
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ZOOM INFORMATION
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Webinar ID: 829 9498 1979 International numbers available: https://us02web.zoom.us/u/krOH5wwc7
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32
Regular Citv Council Meetings
Public innut is ALLOWED under the heading,:
Consent Agenda
vo Public Hearings
Unfinished Business
New Business
Public Input
Public Innut is NOT ALLOWED under the headines:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
• Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
• City Council Matters
• Charter Officer Matters
• Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless
answering a question of a member of City Council or City staff. Individuals shall not address City
Council after commencement of City Council deliberation on an agenda item after public input has
concluded, providing, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of
City Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE
PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings.
Individuals are asked to provide copies of material for Council one week prior to the meeting if they
intend to refer to specific material. City Council will not debate an issue during Public Input but may by
consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future
agenda.
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17T1 L
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MINUTES
WEDNESDAY, JANUARY 18, 2023 — 5:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Jones called the Special meeting to order at 5:00 p.m.
2. A moment of silence was held.
3. The Pledge of Allegiance was recited.
4. ROLL CALL
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Community Development Director Lisa Frazier
Community Development Manager Dorri Bosworth
Deputy Police Chief Greg Witt
5. DISCUSS THE D. R. HORTON PROPERTIES ON THE NORTHWEST CORNER OF
ROSELAND ROAD AND CR 512 (SEBASTIAN BLVD.)
Vice Mayor Nunn displayed a PowerPoint presentation and explained he was here to talk
about safety concerns for three lots on Roseland Road and the corner of CR512. The
specific lots are 1098, 1086, and 1072. (See attached)
He noted the first lot was cleared and pointed out on the slide the number of cars in the
(Roseland Road) turning lane which presents the challenge of his point. People who will
live in the homes will have to turn right onto Roseland Road and go down to find a road
to turn around on to access their homes.
He presented how the furthest, most southern lot is about 10 feet from the line of the
turning lane, putting it in the active area of the turning lane.
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Special City Council Meeting
January 18, 2023
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He noted the owner of lot #1058 actually sold the house when the turning lane went in
and now it is a rental home.
In 2021 there were eight accidents there, and in 2022 there were 11. He said his concern
was that the number of accidents will increase and while they can't fix what people do, if
there is an opportunity that the City might acquire the lots they might avert a future
disaster in that area.
Vice Mayor Nunn said he is a strong believer in private property rights, he has a hard
time telling people what to do with their property leading to the only answer of trying to
acquire the property. He said there is a possibility that D.R. Horton might be amenable to
selling the property.
Mayor Jones said it was his understanding that we are waiting to see if the County will
approve the driveway permits. Vice Mayor Nunn noted that County said if they are
developed as legal residential lots, they would issue the permits.
The City Manager explained that the builder would have to receive a ROW permit before
receiving a building permit. He said that he hasn't received direction from Council to
approach the developer on these lots. He suggested moving the driveway on the first lot
as far north as possible.
Mayor Jones noted there's another similar situation at the intersection at Fleming and
CR512 and so far everything has been working well there.
Vice Mayor Nunn noted Roseland Road is a different road structure than Fleming.
Vice Mayor Nunn said the lots could be used as environmental property and kept natural.
He noted that he spoke to a D.R. Horton official who asked what the City was thinking to
do but he advised D.R. Horton that it would have to be at the discretion and direction of
Council.
Council Member Dodd said he was not in favor of purchasing the lots and noted that if
it's not safe for a house, there is nothing that the City could do with the property. He said
he would be in favor of waiting for the County to make a decision.
Council Member Dixon said she agreed with Council Member Dodd. She described how
there are houses along U.S. 1 in Grant where people are driving 55 mph and people have
to really slow down to access their driveways. She said we all should be slow when
approaching intersections; she understands the concern but she doesn't feel like
purchasing the property is the right thing to do.
Mayor Jones noted that law enforcement is there to enforce any illegal traffic turns.
Council Member McPartlan said he was as concerned about safety as many people. He
asked why this wasn't included in the next agenda packet where he could have made
additional inquiries.
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Special City Council Meeting
January 18, 2023
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5: 22 pm
Vice Mayor Nunn said another week would allow additional fill on the lot and permits to
be issued, then it would be too late to have the discussion. He said in his opinion the only
thing they could do is possibly purchase the lots but it sounded like they weren't willing
to do that.
Council Member McPartlan said there are many roads in the City that he wouldn't put a
house on. He asked if they were devaluing the property by saying there are safety
concerns.
The City Attorney advised that they should be careful with the words that they use, if
Council decides as a whole that the property is dangerous, it could potentially be
devalued but they should make that call as a whole.
Council Member McPartlan said he was aware the property owner gave up some ROW to
build the driveway so the County will probably authorize the turn lane.
Public Input
Terry McGinn, Miller Drive, asked if the City could go to the County to plead the case
not to issue the permits and suggested some options.
Peter Bonell, 1033 Blossom Drive, said his house was the one with the pool behind lot
#1058. He asked that Council look at all of the options.
Louise Kautenburg, Sebastian, said the intersection is very busy and the situation is
unfortunate because when the lots were platted, Roseland Road was a two lane road.
She suggested the City should officially contact the County and request the lots be safety
easements.
Tom Hill, 725 Media Terrace, said the lots could be a nice park or bike path. He
suggested that the City might trade some tracts behind Winn Dixie for the lots.
Debbie Folks, 1029 Blossom Drive, said the yellow umbrella in the picture was her home
and they didn't know they were so close to the intersection when they bought the home.
When people turn into their property on Roseland Road, it will back up traffic on CR512.
She said she wasn't happy.
Keith Miller, 961 Riviera Avenue, said they can't get out of their street onto Roseland
Road, sometimes they back up and go down to the next street. He said they have to come
up with an idea but buying the property isn't the right thing.
Cerb Sol, Tulip Drive, said this is a prime spot for people coming off Interstate 95 to
have an artist dedicate something for the people to see how great Sebastian is.
Joy Etheridge said this was a major problem and she didn't understand why the County
put in the turn lanes. She asked how the service trucks such as a concrete truck or crane
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Special City Council Meeting
January 18, 2023
Page 4
will even be able to build a house at the location. She said the County should do
something about this.
Andrea Ring, Quarry Lane, said the City should not buy the property. It will be the
problem of people that move there.
Jason _?_, Sebastian, said he drives garbage truck and knows people do not pay
attention because they frequently pull out of their driveways and almost hit his truck.
There are more dangerous roads in Sebastian but the problem with this intersection is that
people don't want to slow down. He said it would have made more sense to move the
road to the east, then the right turn lane to CR512 would have provided room for an
access road. He asked Council to look at all of the options.
Richard Rosen, 965 Streamlet Avenue, said he was in favor of purchasing the lots
because 10 or 15 years from now the expenditure will be minor when there are so many
people using the intersection.
Mary Jo Walker said Council was elected to ask the hard questions for the people. She
asked them to heed what they hear. In 10 or 20 years the young are going to ask why
they didn't think about this --just like we are asking now.
Vice Mayor Nunn said as an elected official he has an obligation to look at the citizens'
safety. He said he has asked the City Manager about the driveways but he alone can't
direct the City Manager. He thanked them for meeting in an effort to try to do something
before there is a problem and he hoped that the right things will happen.
Mayor Jones said he is concerned with safety as he has worked with traffic accidents for
31 years but he also understands that personal property rights are protected. If the lot is
platted D.R. Horton has a right to build a home.
Council Member Dodd said all members care about the intersection but they can't go to
the County and demand them to turn down the permit. He cares about the citizens of
Sebastian.
The City Manager said right now staff is following the building and Land Development
Code. If Council would like him to approach D.R. Horton to do something different, he
would need Council direction.
MOTION by Council Member Dodd and SECOND by Mayor Jones to direct the City
Manager to contact D.R. Horton to discuss options that are available with those three lots
and bring back a report as quick as possible.
Vice Mayor Nunn apologized and said he didn't mean to insinuate that Council doesn't
care. He said he knew this meeting had to happen to give the City Manager direction.
Council Member McPartlan said he likes the idea of a land swap and understands that it
would make a nice pocket park but that might attract teen delinquency with Winn Dixie
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Special City Council Meeting
January 18, 2023
Page 5
being so close. He suggested that the City Manager ask D.R. Horton what they envision
for the property.
Council Member Dodd cautioned that D.R. Horton is going to probably want a half
million dollars for the property to cover the $225,000 purchase price, land clearing and
grubbing and then the profit they think they will be losing.
Council Member Dixon said they wouldn't be able to save everyone from every accident
that might happen and she encouraged everyone to be kinder and more careful behind the
wheel while they gather more information.
Roll call: Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones - aye
Motion carried. 5-0
6. Being no further business, Mayor Jones adjourned the Special City Council meeting at 5:59 p.m.
Approved at the February 8, 2023 Regular City Council meeting.
Mayor Fred Jones
ATTEST
Jeanette Williams, City Clerk
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11110E
583ASTI.AN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
DRAFT ANNEXATION AGREEMENT WORKSHOP
& REGULAR MEETING
MINUTES
WEDNESDAY, JANUARY 25, 2023 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Vice Mayor Nunn called the Regular City Council 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
Vice Mayor Chris Nunn
Council Member Kelly Dixon (via Zoom)
Council Member Ed Dodd
Council Member Bob McPartlan
Absent:
Mayor Fred Jones (excused)
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Community Development Director Lisa Frazier
Community Development Manager Dorri Bosworth
Leisure Services Director Brian Benton
Administrative Services Director/CFO Ken Killgore
Asst. Administrative Services Director Cindy Watson
City Engineer/PubIic Works Director Karen Miller
Airport Manager Jeff Sabo
Police Lt. Constantine Savvidis
5. Vice Mayor Nunn recessed the City Council meeting and convened the Draft Annexation
Agreement Workshop at 6:02 p.m.
23.013 A. Discussion on the Graves Brothers Company Draft Annexation Agreement
(Transmittal, Aereement)
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Regular City Council Meeting
January 25, 2023
Page 2
He asked Council if they would like to consider a shorter time limit for speaking. He said
they would run through the agreement article by article. They would not return to an
article after the discussion was completed unless there was time at the end.
Council Member Dodd clarified that would allow an individual to speak six times under
each article. Council Member McPartlan suggested that they go to three minutes and
Council could vote to extend the time if someone was making a point.
MOTION by Council Member Dodd and SECOND by Council Member Dixon to allow a
three minute time limit passed with a unanimous voice vote of 4-0.
Vice Mayor Nunn suggested they start with the annexation itself in Article II.
Article II — Annexation
There was no public input or Council discussion for Article II.
Article III - Development of the Pronertv
Grace Reed thanked Council for the workshop and described where to find the concerns
raised by an Audubon Society Facebook post within the annexation agreement:
The size of the PUD shrunk from the minimum of 500 to 400 acres
which is a non -issue because staff, the Planning & Zoning
Commission or Council is welcome to ask for more acreage.
There is no protection provided for a reasonable buffer but on page
11, 14 and 15 there are items about the buffer.
A firm 10% of affordable housing was removed but on page 10,
the owner is encouraged to coordinate with non-profit legal entities
to further expand opportunities for affordable housing.
There is no connecting green infrastructure but on page 10 and 11
there are items on greenways and trailways.
It will bring 15,000 to 18,000 new people —she did not know
where that math came from unless they used the entire acreage to
put a house on.
She encouraged people to read the agreement and form their own opinion.
Dan Lamson, Executive Director of the Indian River Neighborhood Association, said on
page 10 it mentions at least up to 5% could be used for affordable housing and it was
10% in the previous draft. Having more affordable and inclusionary housing is
something that the City and Indian River County really need. He said if affordable
housing isn't required now, they probably won't have it.
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Regular City Council Meeting
January 25, 2023
Page 3
George Glenn, Attorney for the Pelican Island Audubon Society, said the definition for
open space has been changed; and the "requirement" of connective green infrastructure
has been changed to "encouraged." He noted that connective green infrastructure
includes stormwater retention areas which makes it easy to get to 50% and provides a
more meaningful impact as far as qualities for the environment. However, by only
"encouraging" it, it has been effectively removed.
He also opposed shrinking the PUD from 500 to 400 acres size.
He emphasized that if a range is given, they will be free to choose the lower end and
when a plan comes to the quasi-judicial rezoning hearing, if they meet the requirement it
will be difficult to deny it.
He concluded by saying they strongly feel there should be a reasonable buffer for the
slough on the south prong of the St. Sebastian River.
Vice Mayor Nunn noted the numbers used in the agreement came from the
Comprehensive Plan and the Land Development Code.
Council Member Dodd said if they use the information and compute the max number of
houses that can be built, it does come up to about 10,771 units that can be placed on the
property. However, that is not what's going to be there.
He explained this was the layout for conditions on the entire 2000 acres of property
which will be developed in minimum sized parcels; and through the PUD process, all of
the other things will be dealt with.
Dr. Tim Glover, President of the Friends of St Sebastian River, said this is a legislative
process where they can negotiate and receive certain assurances. Without that it equates
to the City's minimum standards which equates to a "D" on a report card. Their primary
concern is protecting the south prong of the St. Sebastian River that they would like to
see it preserved for conservation.
Legny Sanchez, food truck owner, started to speak about her food truck and Vice Mayor
Nunn asked her to come back under Public Input.
Dr. Graham Cox, 1213 George Street, thanked Mr. Bass for sitting down with him about
two weeks ago who gave him an education on the water conveyance on the property. He
highlighted points of his letter distributed before the meeting. (See attached.)
He said they need data for a lot of the comments that are being made. A city is being
built next to a city with a short amount of resources that will change the character of
Sebastian. He said he spoke to a gentleman who moved from Houston, Texas whose
population grew from 400,000 to 2.6M when he was living there so he moved to Hobart
Landing to escape the population growth.
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Regular City Council Meeting
January 25, 2023
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Kelly Jackson, 5 h generation Indian River County resident said she was very concerned
that food is not considered in the economic development plan and asked how they will
grow their food. She spoke to an ex -land use board member who suggested that the land
be developed in 1-2 acre parcels for small farm operations.
Vice Mayor Nunn noted that he serves on the Affordable Housing committee and the
County bought the old Gifford Groves property and they are giving the property to people
to buy houses. The first home builder quote came in at $350,000 a home and it was sent
back out to bid. Habitat for Humanity won the bid but the houses will still range from
$250,000 to $275,000 which might not be considered affordable either. Affordable
housing is a tough concept.
Dr. Richard Baker lived on river for 22 years, paddled for 20 years prior to that and has
seen degradation of river. He said with all of the development the current policies and
ordinances are not working or being enforced. He asked we can add 15,000-18,000 more
people when we can't handle the population of 26,000. He said stricter environmental
policies and ordinances are needed that will bring back the river and the lagoon.
Dr. Baker said more experts are needed to give advice on these policies and he suggested
Timothy Fallon who has experience working with master plans.
Donna Halloran, Sebastian, said she was the person who posted on Facebook inviting the
public to speak out on the annexation in its present form; the City is relying on a woefully
inadequate agreement to kick the tough development issues down the road when it will be
too late to fix it. She said she did encourage people to come.
Dylan Reingold, Attorney, Indian River County, said from the County's perspective they
are just trying to know how the annexation will impact them and their ability to provide
services for the new homes. He asked for assistance in finding concessions from the
property owner/developer to help provide the water and sewer services to the property.
Phil Matson, Community Development Director, Indian River County, thanked the City
for having the workshop and he said he felt very welcomed and also thanked the city for
recording the public comments. He complimented the staff and said they all work with
the County very well. He said there are a lot of challenges regarding affordable housing,
the County just closed on home repairs for two houses in Sebastian through the
emergency SHIP loan repair program. He invited more Sebastian residents to come to
the County and apply for assistance.
Mr. Matson said big isn't necessarily bad; he thinks developing the 400 to 500 acre
parcels is good. It's good to work with chunks of that size to receive public benefits.
You need a larger scale to receive amenities —the visioning program told us that we
might like mountain bike parks, places for kids to congregate and give them an
alternative to what they are doing. He reemphasized some the things that George Glenn
said, "This is the best opportunity to get it right." He said he has a lot of faith in our City
staff, and Council. Also, he said it is important to take into consideration the grid
interconnectivity that will spread the load of traffic.
15 of 360
Regular City Council Meeting
January 25, 2023
Page 5
Council Member Dodd cited section k on page 11 of the agreement and asked if that was
changed from the first draft and is it optional:
The property shall be Master Planned on a minimum of no less than
increments or units of 400 acre parcels as part of an overall Planned
Development project using the PUD zoning district and process, and
promote green infrastructure through a comprehensive plan of connected
stormwater greenways and open space that provides for wildlife habitat,
stormwater management system and recreation opportunities including low
impact design and best management practices.
The Community Development Director advised this section was added to make the
language stronger regarding green infrastructure and open space.
The City Attorney advised that the City would be able to require connectivity and green
infrastructure in the PUD process and the language in sections A-M will also be included
in the future land use map for these obvious reasons.
Council Member Dodd said he be would interested in hearing why that isn't directional to
the developer at a later time.
Article IV - Enforced Delay. Default. Remedies and Termination
George Glenn said this agreement will be binding in any future dispute with a future
developer and if Council's mentality is that they will have discretion at the PUD rezoning
stage, they could get into trouble because rezoning is quasi-judicial where it is
determined that standards have been met. When you add flexibility, you lose the
authority to mandate at the quasi-judicial stage.
Vice Mayor Nunn noted the section k started with the word "shall."
Dylan Reingold advised Council that he would be giving the County Commission an
update at their next meeting.
Donna Halloran said in the original document under section k, it said the property shall
be master planned on a minimum of no less than units of 400 acre parcels as part of an
overall plan development project using a PUD zoning district and "promote" green
infrastructure; it doesn't say "shall."
Kelly Jackson, said they should be seeking outside advice on low impact land
development to provide better resources for the ecosystem.
Council Member Dodd advised that the recent Spirit of Sebastian annexation includes an
agri-neighborhood in the first phase.
Richard Baker said the current stormwater management system in the City and County
isn't working; they have to get their act together today before thinking about future.
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Regular City Council Meeting
January 25, 2023
Page 6
Article V- Encumbrances and Releases on Real Property
There was no public input or Council discussion for Article V.
Article VI — Miscellaneous Provisions
There was no public input or Council discussion for Article VI.
Vice Mayor Nunn said staff and the lawyers have done an excellent job following the
Land Development Code and Comprehensive Plan. He was excited to move forward.
Council Member McPartlan said this was a step in the right direction. He said he would
like to see the actual number on the maximum homes but it is basically about 5.26 per
acre. The City will grow 20% and the homes will have to have County sewer and water.
In response to Elaine Richards, Vice Mayor Nunn advised the schools would be built by
the County.
Vice Mayor Nunn adjourned the Draft Annexation Workshop at 7:01 p.m. and called for
a recess. All Council Members returned at 7:11 p.m.
6. Vice Mayor Nunn adjourned the Draft Annexation Workshop and reconvened the City
Council Meeting at 7:11 p.m.
7. AGENDA MODIFICATIONS - None
8. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS
BriefAnnouncements:
January 28 & 29 - 4th Annual Sweet Tea Sip & Stroll at Riverview Park— Saturday from
9: 30am — 5pm and Sunday from 1Oam — 4pm
February 3 — Sebastian River Area Chamber Concert in the Park — 5:30pm to 8pm-
TomMacLear & Friends (Rock, blues & country)
Vice Mayor Nunn announced the upcoming events as well as:
Sebastian Police Department's Citizens Academy will be held February 23
— May 11, 2023. More information is available at the police department.
The Four Chaplains Memorial Ceremony would be held February 5 at
2:00 p.m.
The Sock Drive for the homeless is underway. Donations could be made
in the lobby of City Hall.
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Regular City Council Meeting
January 25, 2023
Page 7
9. PUBLIC INPUT
Legny Sanchez said she was the owner of a Cuban food truck on Sebastian Blvd. She
asked that the code be changed so her food truck can stay in one place for up to four days
a week.
The City Manager said it was true that food trucks are only allowed to be one location for
two days a week to protect the brick and mortar business owners.
Sharon Hermann commended the art show that was held this past weekend in the park.
She asked that the prohibition of dogs be enforced and a way for the handicapped to
enjoy the food vendors and music be found for future events.
10. CONSENT AGENDA
A. Approval of Minutes — January 11, 2023 Regular City Council Meeting
23.014 B. Resolution No. R-23-02 — Providing Support for the Florida League of Cities
Legislative Platform for the 2023 Legislative Session (Transmittal, R-23-02)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING SUPPORT FOR THE FLORIDA LEAGUE OF CITIES'
LEGISLATIVE PLATFORM FOR THE 2023 LEGISLATIVE SESSION; PROVIDING
FOR EXPRESSION OF SUPPORT; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND AN
EFFECTIVE DATE.
23.015 C. Approve the Fiscal Year 2023-2024 Budget and Capital Improvement Program
Calendar (Transmittal, Calendar)
23.016 D. Approve the Purchase of Twelve Ballistic Vest Panels, Carriers and Rifle Plates
for Sebastian Police Department (Transmittal, Quote)
23.017 E. Approve Alcoholic Beverages for the Van Dunk Family Event at the Community
Center on March 11, 2023 from 12:00 p.m. to 5:00 p.m. — Permittee DOB
Verified (Transmittal, Application, Receipt)
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to
approve consent agenda items A-E.
Roll call: Vice Mayor Nunn - aye
Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Mayor Jones - absent
Motion carried. 4-0
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Regular City Council Meeting
January 25, 2023
Page 8
11. COMMITTEE REPORTS & APPOINTMENTS
23.018 A. Auditor Selection Committee (Transmittal, F.S.218.391)
i. Confirm the Staff Selection of Larry Napier and Bruce Hoffman
ii. Submit Nominations for the City Council Member Representative
Council Member McPartlan and Council Member Dodd nominated Mayor Jones to serve
as the Council representative. There were no further nominations. A voice vote
confirmed the appointment of Mayor Jones and the staff selection of Larry Napier and
Bruce Hoffman.
12. PUBLIC HEARINGS - None
13. UNFINISHED BUSINESS
23.019 A. Approve the Recommended Increase in Waaes to Exempt Personnel Based on the
Waae and Compensation Studv (Transmittal, Chart)
The City Manager said it was asked that this be brought back when the union
negotiations were completed and staff would like to have this instituted for the exempt
employees and managers.
MOTION by Council Member Dodd SECOND by Vice Mayor Nunn to remove this from
the table passed with a unanimous voice vote of 4-0.
Council Member McPartlan said he didn't want to go through the exempt employees
until all of the employees were handled and he didn't think the charter officers should be
part of this discussion. He said he understood the charter officers' contracts provide they
are provided the same as the managerial employees but not everyone on the agenda
backup is at 3%. He noted if the charter officers are unhappy with their pay, they can
address that with their contracts. He said he would like to see the city employees
completed before exempt employees.
He said this was a good opportunity to look at all of the charter officers' contracts
because he has concern on what some are getting and others aren't.
Vice Mayor Nunn said the employees listed are managerial staff and not affected by
bargaining agreements only the compensation study. He said he didn't see a reason to
wait.
He said with regard to the charter officers, he didn't agree with adjusting their wages to
the compensation study recommendation.
Council Member Dixon said she could see both sides; everyone should receive their
raises at the same time, but she also understands the bargaining agreement isn't finished.
19 of 360
Regular City Council Meeting
January 25, 2023
Page 9
Council Member Dodd asked how close he was with the bargaining unit. The City
Manager said they employees have put in some significant demands and there is a
meeting scheduled for January 31 sc
Council Member Dodd said he doesn't have an issue to reviewing charter officer
contracts every three to five years and given that they will be hiring a new attorney soon,
it might be an appropriate time to think about that contract.
There was no public input.
MOTION Council Member McPartlan and SECOND by Council Member Dixon to move
forward less the Charter Officers who can wait until negotiations are done with
everybody.
Council Member Dodd asked if his intention was to tie the officers with a revision of
their contract or the completion of the final union negotiation. Council Member
McPartlan said the finalization of the union negotiation and he had no problem with 3%
but he made a public records request and was very concerned about some of the stuff he
reviewed. He described that the City Attorney was going to have his contract redone to
include a vehicle.
Vice Mayor Nunn said he didn't have a problem holding the charter officers until the end
of the negotiations. As far as renegotiating their contracts, that could be added to the next
agenda as a separate item.
Council Member Dodd clarified that the charter officers would be addressed when the
employee's negotiations were done.
Roll call: Council Member Dixon - aye
Council Member Dodd - aye
Council Member McPartlan - aye
Vice Mayor Nunn - aye
Mayor Jones -absent
Motion carried. 4-0
14. NEW BUSINESS
23.020 A. Approve the Hirinja of an Outside Consultant for the Citv Attornev Recruitment
Process (Transmittal. Code Sec. 2-10(d)(4)
The City Attorney said he was appointed to go to another city and will be entering
negotiations later this week and hopes to enter into a contract with that city the second
week of February. He said he will negotiate an exit for some time in March and he asked
if Council would like to go with a head hunter or look for a city attorney in house. He
also asked if they would like to look for a law firm or in-house attorney.
Council Member Dodd said he would prefer in an in-house attorney.
20 of 360
Regular City Council Meeting
January 25, 2023
Page 10
Council Member McPartlan suggested that they may be some able to find someone to be
part-time for an interim basis.
The City Attorney advised an interim attorney would still need to be appointed by the
board. He offered to reach out on the attorney's ListServ.
Vice Mayor Nunn said they need to move quickly, it's a great time with number of
people moving to Florida. He suggested that they use a headhunter and if Mr. Anon
knows of an attorney, he should give those names to the headhunter.
The City Attorney said he has worked up a template with the Human Resources Manager
that can go out to the Florida Bar and ListSery for the interim basis and permanent
position.
MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to retain Mr.
Baenziger's firm to do a search for a permanent city attorney, not a law firm.
Roll call: Council Member Dodd - aye
Council Member McPartlan - aye
Vice Mayor Nunn - aye
Council Member Dixon - aye
Mayor Jones - absent
Motion carried. 4-0
15. CITY ATTORNEY MATTERS
The City Attorney advised that union negotiations would continue with the general
employees at the end of this month.
He also said the printing of the updated Charter pamphlets was underway.
16. CITY MANAGER MATTERS
The City Manager reported that he met with D.R. Horton on the lots on Roseland Road
and CR512 and are amenable to looking at some options. He would come back to them
once they are firm.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
A. Council Member Dixon
Council Member Dixon said she attended the Institute of Elected Municipal Officials last
weekend and brought back a deeper understanding of the workings of city governments
and made some new relationships, notably a newly elected 18 year old mayor.
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Regular City Council Meeting
January 25, 2023
Page 11
B. Council Member Dodd
Council Member Dodd congratulated City staff and the Growth Management Department
for putting up with him through the annexation process. They have done a bang up job.
He said they award improvement grants and sometimes they are taken for granted but it
was nice to see the improvements "The District" completed with their grant. He
congratulated them for the work that they had done, it looks wonderful.
C. Council Member McPartlan
Council Member McPartlan noted he is part of the Sebastian Police Department's
Citizens Academy and invited the public to come out and see the role he plays in the
community.
He congratulated Vice Mayor Nunn for chairing his first meeting.
D. Mayor Jones - absent
E. Vice Mavor Nunn
Vice Mayor Nunn thanked staff for the annexation agreement and he understands it
hasn't been an easy experience.
He asked everyone to slow down on the roads and get off of their phones as there have
been a couple of really bad accidents recently.
19. Being no further business, Vice Mayor Nunn adjourned the Regular City Council
meeting at 7:47 p.m.
Approved at the February 8, 2023 Regular City Council meeting.
Mayor Fred Jones
ATTEST:
Jeanette Williams, City Clerk
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01) a
SEBASTL4%
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February S, 2023
Agenda Item Title: Prior Authorization for Council Travel to Florida League of Cities
Legislative Action Days — April 3-5, 2023 — Tallahassee, Florida
Recommendation: Authorize Council Members to attend the Florida League of Cities
Legislative Action Days in accordance with City Code Section 2-15
which requires prior authorization for reimbursement of travel costs
beyond 75 miles.
Backp-round: Each year, the Florida League of Cities hosts city officials from across
the state at the Capitol so they may get to know their legislators and to
view the legislature at work first-hand in an intensive academic
program that will assist them in effectively meeting the requirements
of their elected role.
If Agenda Item Reauires Expenditure of Funds:
Attachments:
Administrative Services
City Attorney Review:
Registration $50; two night hotel approximately $855;
and meals approximately $80
Agenda
Department view: 1
City Manager Authorization:
Date: �% 3
23 of 360
Monday, April 3, 2023
12:30 p.m. - 5:30 p.m. Registration Desk Open (Sittig Hall at Kleman Plaza/FLC office, 301 S. Bronough
Street)
1:00 p.m. - 5:00 p.m. Continuing Education in Ethics Workshop (Sittig Hall at Kleman Plaza/FLC office,
301 S. Bronough Street)
SAS p.m. - 5:45 p.m. Know Before You Go Session (Sittig Hall at Kleman Plaza/FLC office, 301 S.
Bronough Street)
Free of charge and open to all attendees
Tuesday, April 4, 2023
8:30 a.m. -1:00 p.m.
Registration Desk Open (Tallahassee City Hall Chambers, 300 S. Adams Street)
9:00 a.m. -10:00 a.m.
Legislative Briefing: Hear from the League's Legislative Team (Tallahassee City
Hall Chambers, 2nd Floor, 300 S. Adams Street)
10:15 a.m. -12:00 p.m.
Capitol Visits (on own)
12:00 p.m. -1:00 p.m.
Box Lunches (Tallahassee City Hall, 2nd floor, 300 S. Adams Street)
1:00 P.M. - 5:00 P.M.
Capitol Visits (on own)
2:30 p.m. - 3:30 p.m.
Capitol Tour with FLC Staff (location TBD)
5:30 p.m. - 6:30 p.m.
FLC Legislative Action Days Reception (Doubletree Hotel,101 S. Adams Street)
Wednesday, April 5, 2023
9:00 a.m. -11:00 a.m. FLC Board of Directors Meeting (Sittig Hall at Kleman Plaza/FLC office, 301 S.
Bronough Street)
9:00 a.m. -12:00 p.m. Capitol Visits (on own)
10:00 a.m. - 21:00 a.m. Capitol Tour with FLC Staff (location TBD)
* Subject to change
24 of 360
CRY OF
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: February 8, 2023
Agenda Item Title: Resolution R-23-04 Abandonment of Easement
Recommendation: Adopt Resolution R-23-04
Backeround: The applicant is requesting abandonment of the two side yard public utility
and drainage easements located on the northernmost five (5) feet of Lot 9 and the southernmost five (5) feet
of Lot 8, Block 138, Sebastian Highlands Unit 4, less the easternmost fifteen (15) feet thereof. The
property owner is seeking approval to enclose the existing garage for a craft room and add a new three (3)
bay garage that would encroach into the side yard easements.
All applicable utility entities have given their approval for the abandonment, including FP&L, AT&T,
Comcast, iRC Utilities, City Engineer and Public Works.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: n1a
Total Cost: n\a
Funds to Be Utilized for Appropriation: n1a
Attachments:
1. R-23-04
2. Site Map
3. Staff Report
4. Utility Approvals
5. Application and Survey
Administrative Services Department Review: -Vj . 1
4�:k�
City Attorney Review:
_ 0
Procurement Division Revi w, if apllficahlle��Vll�
City Manager Authorization
Date: a r( /d;-?
25 of 360
RESOLUTION NO. R 23-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 & 9, BLOCK
138, SEBASTIAN HIGHLANDS UNIT 04; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Ronald and Christine Kilburn, owners of the land at 819 Roseland Road, Sebastian,
Florida, has filed a request for abandonment of the public utility and drainage easements along the interior
lot lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all
consented to abandonment thereof.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously
dedicated for a public utility and drainage easement described as follows:
The (side yard) utility easements located on the northernmost five (5) feet of Lot 9 and
the southernmost five (5) feet of Lot 8, Block 138, Sebastian Highlands Unit 4, less the
easternmost fifteen (15) feet thereof.
all located within the City of Sebastian, Indian River County, Florida.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed
Section 3.
River County, Florida.
Section 4.
RECORDING.This resolution shall be recorded in the public records of Indian
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 fiuther action of the
City Council by filing a corrected copy of same with the City Clerk.
Section S. EFFECTIVE DATE. This resolution shall take effect immediately upon its
26 of 360
adoption.
The foregoing Resolution was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put into a vote, the vote
was as follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Councilmember Ed Dodd
Councilmember Kelly Dixon
Councilmember Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this 8" day of February, 2023
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Jeanette Williams, MMC, City Clerk
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Manny Anon, Jr., ESQ City Attorney
Fred Jones, Mayor
27 of 360
CR OF
;,.TtAN
HOME OF PELICAN ISLAND
ABANDONMENT OF EASEMENT
Staff Report
1. Project Name: Craft Room and Garage Addition for Kilburn Residential Property
2. Requested Action: The (side yard) utility easements located on the northernmost five
(5) feet of Lot 9 and the southernmost five (5) feet of Lot 8, Block 138, Sebastian
Highlands Unit 4, less the easternmost fifteen (15) feet thereof.
3. Project Location:
a. Address: 819 Roseland Road
b. Legal: Lots 8 & 9, Block 138, Sebastian Highlands Unit 4
4. Property O►vner:
a. Name: Ronald and Christine Kilburn
b. Address: 819 Roseland Road
Sebastian, Flotida 32958
�. Project Agents: N\A
6. Project Description
a. Narrative of proposed action: Application has been made for abandonment of the
side yard utility easements. The homeowners would like to enclose the existing garage into a
craft room and add a new three (3) bay garage that would encroach into the side yard utility
easements. A building penilit has been applied for and in order to issue the permit, the side
yard utility easements would need to be abandoned.
b. Zoning: RS
C. Future Land Use: LDR
d. Existing Land Use: Single-family residence
29 of 360
7. Utilities Comments:
a. Florida Power & Light: Approved
b. BellSouth/AT&T:
Approved
C. Comcast Cable:
Approved
d. Indian River County Utilities:
Approved
e. City Engineering (drainage):
Approved
f. Public Works
Approved
8. Planning and Zoning Division Comments: A unity of title has been recorded for the
two lots.
9. Staff Recommendation: Approve Resolution R-23-04
vjttr,,L&—�L�1 3o ao.%3
Prepared by Date
30 of 360
an��
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityolsebastion.org
RE OLIESTFOR ABANDONMENTOF EASEMENT
December 2, 2022
The City of Sebastian is considering a request to abandon a portion of the casement described
below. Please review this request in regards to your public utility services and provide your
comments.
Descrintion of Easement to be abandoned: The (side yard) utility easements located on the
northernmost five (5) feet of Lot 9 and the southernmost five (5) feet of Lot S, Block 138,
Sebastian I lighlands Unit 4, less the easternmost fifteen (15) feet thereof.
Location of Easement: 819 Roseland Road, Sebastian, FL 32958
UHI.l'I"l : Karen Miller, Puhlic Works VireclorWit Engineer %itt I:mait: kmillerra dgofsebastian.org
APPROVED: X DENIED:
APPROVED/DENIED BY.
DATE: 12/8/2022
(Signature)
COMMENTS: This easement can be abandoned as the lots have combined ownership and utilize the
outer side yard drainage and utility easements.
Return to: Michelle I:aulkner, Planner, Community Development Dept.
mfaulkner().citvofsebastian.ora
31 of 360
SEBASTIA._.,.-N
Qzm;;
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET m SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 587-5518 ■ FAX (772) 388-8248
www.cityofsebastion.org
REOUEST FOR ABANDONMENT OF EASEMENT
December 2, 2022
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
DescriMian of Easement to be abandoned: The (side yard) utility casements located on the
northernmost five (5) feet of Lot 9 and the soul hernmosI five (5) feet of Lot 8, 13lock 138,
Sebastian Highlands Unit 4, less the easternmost fifteen (15) feet thereof.
Location of Easement: 819 Roseland Road, Sebastian, FL 32958
1111LlTY: Kevin N. Osthus, I.R.C. Utilities Via email: kosthus(wircQov.com
APPROVED: Yes DENIED: DATE: 12/08/2022
APPROVED/DENIED BY: A'd"--p
(Signature) - — —
COMMENTS:
Return to: Michelle Faulkner, Planner, Community Development Dept.
mfau I kner(wc itvo fsebast i an.ore
32 of 360
Q11'�if
SE T N
;! i 917
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 329S8
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityofsebastion.org
REOUES'F FOR ABANDONMENT OH EASEMENT
December 2, 2022
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Dcscrintion of Easement to be abandoned: The (side yard) utility casements located on the
westernmost five (5) feet of Lot 9 and the easternmost live (5) feet of Lot 8, Block 138,
Sebastian Highlands Unit 4, less the easternmost fifteen (15) feet thereof.
Location of Easement: 819 Roseland Road, Sebastian, FL 32958
LITILITY: John l,upoe, FPI. Alfa email: john,lupoe@fpl.Co1ll
APPROVED: V DENIED:
APPROVED/DENIED BY: C �,
(S bnature)
COMMENTS:
DATE:
1tClu1-11 kr Michelle haulkner, Planner, Community Development Dept.
rn faulkner{cvc i tvofsebast i an.org
33 of 360
CRY01,
�Vw MWN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET a SEBASTIAN, fLORIDA 32958
TELEPHONE (772) 589.5516 a FAX (772) 388-8248
www.cityofsebastion.org
REOUEST FOR ABANDONMENT OF EASEMENT
December 2, 2022
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Description of Easement to be abandoned: The (side yard) utility easements located on the
northernmost five (5) feet of Lot 9 and the southernmost five (5) feet of Lot 8, Block 138,
Sebastian Highlands Unit 4, less the easternmost fifteen (15) feet thereof.
Location of Easement: 819 Roseland Road, Sebastian, FL 32958
UTILITY: Paul Ludlam, Bell South/AT&T Via email: p1101r@att.com
APPROVED: E DATE: f—25-2-"')
APPROVEDIDENIED BY: _. „� 7
(Signature)
9'ej [ ' `
COMMENTS: �t
—� �vo � r C->
Return to: Michelle Faulkner, Planner, Community Development Dept.
mfaulkner 1 cityofsebastian.orr
34 of 360
A-•L4
5EBASTMAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 r FAX (772) 388-8248
www.cityofsebasfon.org
REOUEST bolt ABANDONMENT OF EASEMENT
December 2, 2022
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Descrit}tion of Easement to be abandoned: The (side yard) utility easements located on the
northernmost five (5) feet of Lot 9 and the southernmost five (5) feet of Lot 8, Block 138.
Sebastian Highlands Unit 4, less the easternmost fifteen (15) feet thereof.
Location of Easement: 819 Roseland Road, Sebastian, l- L 32958
l l l I.I'I 1': I);�nicl 'I'il}urcin. ('otnrast \'i;i I'tun l: D-nnirl 11hurciorif conicast.coni
APPROVED: V, DENIfa):
APPROVED/DENIED BY:
( Signature)
COMMENTS:
Comcast Cable
i
APPROVED
DATE:1210712022
Return to: Michelle Faulkner, Planner, Community Development Dept.
mfaulkner(iucitvofsebastian.or4
35 of 360
On kii
SEBAST
�V
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET r SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ www.cityofsebastion.org
Accessory Structure Reviewed by P\Z Conditional Use Permit (Commercial)
Administrative Variance IFence or Septic System) Conditional Use Permit IModd tlomes)
>(Easeinent IAbandonmenl) Hoard of Adjustment (Appeal)
Special Use Permi(\Special Cxception i Board of Adjustment (Variance)
Project Name: Total Site Area: Acres\SF
Parcel 1D: 3 WWII
3$b_r'_>.0
Address of Site: S 1 —RUS e—` oL, —Rvc-0
Proposed Use: �S r A p vi Land Use: h Zoning:
Applicant Name:
Address: 1 C'1 ,'� Os 2i rti� o,
1•e1ephone:'R Dc� , � � � j � Email: �. V\ m n , eo v, r ti Vi C_. nt. Q ei k00 ,606- L
IApplicant (if not owner, written authorization (notarized) from owner is required)
Owner: l'� in �� IS1 p� , �C 1t r ►fl �. k r , 1 l u Et i l) KY ti/1
�
Dcr eO
Telephone: Email:
!��
Date Received: Fee Paid: c�L7 . CGD_ Received by: J '
SCb - q q q • S 9 S-q E . h Ke r- ,r c m
FORM D
36 of 360
Surveyor:
Address: (Pi ra 0611.j P O c C>' I ),& ►rr-) l,'0 (> .r r.L, 1— L
Telepltonc: �-7.� � � -- Cl' -3 Email: D 'i c � A r—t rtq n. -:; Inc_ I (c�.Ck;crn.�nm
Etig.inccr:
Address: ,
Telephone: Email:
Pre — Application Meeting Date:
DESCRIPTION OF PROPOSED PROJECT:
GA� i to cl Cit r,r'^rx c 12. .� l� t �% O t . 't t� r mi n � ir,"V i s4 tZ
h trn- . Nej,0 C-- kro i c„ ti o Cam. 5 V r T- G s p VW 0,A—i h ro
l:IJ-t3s i fix- re- I;ri
SIGNATURE OF APPLICANT
I hereby certify that 1 have read and examined this application and know the stunt to be true and correct. All
provisions ul' laws and ordinances governing this type of work will be complied with, whether specilied herein or
not. The granting orapproval does not presutt,c to give authority to violate or cancel the provisions of any other state
or local la+v regulating construction or the performance of construction.
Print name Signature Date
Notary:
STATE OF: FIL
COUNTY: I kC,
I hereby certify that onj�hGJ-- f�[.t . 20_2A personally appeared
�try�L who is personally known to me or has pr
ocfuced
identification. Type of identification Produced:
[SEAL] ll.r , —4" X 4-C'U"U,
Notary Public
MICHELLE L. FAULK14ER My Commission Expires:
cw i sion I Hli i25007
i- r' EWges July 20, 2025 �smss
•k••aii y�f BugedTltuTiry F���
FORM D
37 of 360
Purvey showing easement to be abandoned
BLOCK 138 BLOCK 138 BLOCK 138 I BLOCK 138
LOT 14 LOT 13 LOT 12 LOT 11
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CERTIFIEDTO; ROSELAND ROAD 80'R/W
RONALD R.KILRUILN&CHRISTINEKILBURN, HUSBAND AND WIFE NOTES:
A%OS BANK. ITS SUCCESSORS AND/OR I. NORTH ASSHUWN IS REFERENCEOTTI THE PLAT OF SEBASTIAN HIGIII.ANI)i UNtT4
ASSIGNS AS THEIR INTERESj. MAY APPEAR. L SURVEY PERFORMED BENLFITOF DEED.
AIJJANCMTITLE OF THE TREASURE COAST•LLC J. PRDPFJIYYJS SERVICED WITIT MUNICIPAL WATER.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY �• USEOFTFUSSL'RVEYISSOLEYFORTJLENAMEISIMJSMG'4EDINTiILCERTIFICATIONS.
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SERASTLAN DICliLINDS UN1T<
RECORD SURVEY FOR PICKERING& ASSOCIATES I D0.41<'I�GJDa•
PRUFE'aV1ONALIANDSURVEVINU 19-158(A)
RONALD R. KILBURN &
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CHRISTINE KILBURN
38 of 360
Survey showing easement removed 7
BLOCK 138 � BLOCK 138 i BLOCK 138 BLOCK 138
LOT 1.4 LOT 13 LOT 12 LOT 11
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39 of 360
Cm L*
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Agenda Item Title: FDOT Public Transportation Grant Agreement (PTGA) — Runway 10-28 and
Taxiway Bravo Markings
Recommendation: Staff recommends accepting the FDOT's retained contractor, Florida Airfield
Maintenance/JV, to re -paint the markings on Runway 10-28 and Taxiway Bravo at the Sebastian Municipal
Airport. Staff respectfully requests City Council authorize the City Manager to execute appropriate
documents.
Background: The current condition of Runway 10-28 and Taxiway Bravo centerline and
edge markings are faded and listed by FDOT Aviation as needing improvement by the state licensing
inspector. This request will accept the choice of the FDOT's retained contractor under Agreement # BEA97.
They have been pre -vetted by the FDOT Procurement group to complete this work.
If Agenda Item Requires Expenditure of Funds:
Total Budgeted Amount: $47,268
Total Cost: State 80% = $37,814
Local 20% = $9,454 TBD
Attachments:
1. Resolution #R-22-29 with PTGA FM450933-1-94-01
2. FDOT Standard Written Agreement BEA97
Administrative Services Department view:
City Attorney Review:
Procurement Division Revie , itfappcable:
City Manager Authorization -
Date: I ' I /�--?
40 of 360
RESOLUTION NO. R-22-29
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION GRANT AGREEMENT (PTGA)
WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING THE DESIGN COST
OF FM450933-1-94-01 "RUNWAY 10-28 AND TAXIWAY
BRAVO MARKINGS" AT THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
Whereas, the Sebastian Municipal Airport current Runway 10-28 and Taxiway Bravo
Markings are considered faded and need improvement;
Whereas, the Florida Department of Transportation (FDOT) State Licensing Inspector
recommends the Markings are Re -Painted per Federal Aviation Administration(FAA) Guidelines
and,
Whereas, the FDOT has extended an Public Transportation Grant Agreement (PTGA)
FM450933-1-94-01 in the amount of $37,814.00, for their 80% portion of the project with a
Total Amount of $47,268.00 for the Centerline and Edge Markings of Runway 10-28 and
Taxiway Bravo. Said project cost for the City of Sebastian is estimated to be $9,454.00 and
Whereas, the City of Sebastian desires to improve the current markings and agrees to the
conditions of such funding.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute
said Public Transportation Grant Agreement #FM450933-1-94-01 on behalf of the City.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
are hereby repealed.
Section 3. SEVERABILITY. The provisions of this Resolution are intended to be
severable. If any provision of this Resolution is determined to be void or is declared illegal,
invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution
shall remain in full force and effect.
Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the intent
41 of 360
may be authorized by the City Manager, or the City Manager's designee, without need of further
action of City Council by filing a corrected copy of same with the City Clerk.
Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by Council Member
Dodd
The motion was seconded by Council Member Jones and, upon put
to a vote, the vote was as follows:
Mayor Jim Hill
aye
Vice Mayor Fred Jones
aye
Council Member Bob McPartlan
aye
Council Member Chris Nunn
aye
Council Member Ed Dodd
aye
The Mayor thereupon declared this resolution duly passed and adopted this
12th day of October, 2022.
ATTEST:
cOanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor tin
Approved as to form and legality for
reliance by the City of Sebastian only:
:omey
42 of 360
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725.000.01
STRATEGIC
DEVELOPMENT
OGC 07122
Financial Project Number(s):
Fund(s): DPTO
FLAIR Category:
088719
(item-segment-phase-Nq uonco)
450933-1-94-01
Work Activity Code/Function: 215
Object Code:
751000
Federal Number/Federal Award
Org. Code:
55042010429
Identification Number (FAIN) — Transit only: NIA
Vendor Number.
VF596000427008
Contract Number:
Federal Award Date: N/A
CFDA Number. NIA
Agency SAM/UEI Number:
CFDA Title: N/A
CSFA Number. 55.004
CSFA Title: Aviation Grant Program
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
, by and between the State of Florida, Department of Transportation,
("Department"), and Citv of Sebastian, ("Agency'). The Department and the Agency are sometimes referred to
in this Agreement as a "Party" and collectively as the "Parties."
NOW, THEREFORE, In consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in Runwav 10-28 and Taxiwav Bravo Markinas, as further described in Exhibit "A", Project Description
and Responsibilities, attached and incorporated into this Agreement ("Project'), to provide Department
financial assistance to the Agency, slate the terms and conditions upon which Department funds will be
provided, and to set forth the manner In which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
X Aviation
Seaports
Transit
Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A. Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
'Exhibit 131: Deferred Reimbursement Financial Provisions
'Exhibit 62: Advance Payment Financial Provisions
_ 'Exhibit B3: Alternative Advanced Pay (Transit Bus Program)
X 'Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X 'Exhibit G: Audit Requirements for Awards of State Financial Assistance
'Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
Page 1 of 37
43 of 360
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION Forth 723.OD041
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC07W
'Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor
'Additional Exhibit(s):
'Indicates that the Exhibit is only attached and Incorporated if applicable box Is selected.
5. Time. Unless specified otherwise, all references to `days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through December 31, 2024. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Dale or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _ day of _,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fall to meet the
above -required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement, the Department shall notify the Agency of such termination in writing at least
thirty (30) days prior to the termination of the Agreement, with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund In full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
Page 2 of 37
44 of 360
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-00 .01
PUBLIC TRANSPORTATION DESTRATEGIC
VELOPMENT
GRANT AGREEMENT OGc07M
9. Project Cost:
a. The estimated total cost of the Project Is S47.268. This amount is based upon Exhibit "B",
Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timellne for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
37 814 and, the Department's participation in the Project shall not exceed 80.00% of the total
eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial
Assistance. The Agency agrees to bear all expenses in excess of the amount of the
Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described In Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit "B", Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and
verifiable deliverables as established In Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an Invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing In proper detail the nature
and propriety of charges as described in Exhibit "F", Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
Page 3 of 37
45 of 360
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726M"l
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGco7rt2
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs Incurred unless advance payments are authorized by the Chief
Financial Officer of the Slate of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time -
frame to be specified by the Department. The Agency shall, within thirty (30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency Is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, Inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
Invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay In the payment. The invoice
payment requirements do not start until a properly completed Invoice Is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516,
h. Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all limes during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
Incurred Include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
1. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard formal used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
J. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed In Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
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STATE OF FLORIDA OEPARTNENT OF TRANSPORTATION Form 72S4*"l
PUBLIC TRANSPORTATION STRATEGIC DEVELOP►IENT
GRANT AGREEMENT oc M22
k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final Invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120-day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of S25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6Xa), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter Into any contract which, by Its terms, involves the expenditure
of money In excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made In violation of
this subsection Is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
Incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
Information at a later date by audit or investigation.
p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Description and Responsibilities, and as set forth In Exhibit "B", Schedule of Financial
Assistance, costs agreed to be bome by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T25-000.01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
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in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch In a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right -of -Way Certification. if the Project involves construction, then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right -of -
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
II. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing Its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
I. _ Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
II. _Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minlmus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
Ill. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, slate, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
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PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT 00c07122
best efforts to obtain the Department's input In its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained In Exhibit
"B", Schedule of Financial Assistance, or that Is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that OBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
stale laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and stale laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01
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a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department -funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
Interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department -funded property.
The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non -cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non -cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
1. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
it. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on -site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
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inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO), or Stale of Florida Auditor General.
b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements. the Agency must have a Federal single or program -specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit `IH", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided In 2 CFR Part 200, Subpart F —
Audil Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200. Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAuditedol.slate_fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -- Audit
Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https:llharvester.census.gov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200. Subpart F
— Audit Requirements. However, the Department requires a copy of the audit reporting
package also be submitted to FDOTSinoleAudil8dol.State. if us within the earlier of
30 calendar days after receipt of the auditors report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
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STATE of FLORIDA DEPARTMENT OF TRANSPORTATION Form T24400.01
PUBLIC TRANSPORTATION STRATEGIC
dEYE LOPMENT
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audit conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department:
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department
or its designee, the CFO. or State of Florida Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSinQIeAudit(@dol.state.f1.us
State Funded:
In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on -site visits by Department staff and/or other procedures. including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services (DFS),
or Stale of Florida Auditor General.
b. The Agency, a "nonstate entity' as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project -
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services: and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of [lie Auditor General. Exhibit "G", Audit Requirements for
Awards of State Financial Assistance, to this Agreement indicates slate financial
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STATE OF FLORtOA DEPARTMENT OF TRANSPORTATION Form 725.000.01
PUBLIC TRANSPORTATION STRATEGIC
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assistance awarded through the Department by this Agreement needed by the
Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies.
and other nonstate entities. State financial assistance does not include Federal direct
or pass -through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department at
FDOTSinoleAudit dot.state.fl,us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10,550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingje&udit@doLstptq.fI.us
And
State of Florida Auditor General
Local Government Audils1342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudcien local ovl aud.slate.fl.us
Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as
applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
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vil. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 216.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
vili. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditors working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the dale the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or Slate of Florida Auditor General upon
request for a period of five years from the date the audit report Is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained In writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non -responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
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e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project Is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E-Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
if. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
h. Executive Order 20-44. Pursuant to Governor's Executive Order 2044, if the Agency is
required by the Internal Revenue Code to file IRS Form 990 and is named In statute with which
the Department must form a sole -source, public -private agreement; or through contract or
other agreement with the State, annually receives 50% or more of its budget from the Slate or
from a combination of State and Federal funds, Recipient shall submit an Annual Report to
the Department, including the most recent IRS Form 990, detailing the total compensation for
each member of the Agency executive leadership team. Total compensation shall include
salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits,
deferred compensation, real -property gifts, and any other payout. The Agency shall inform the
Department of any changes in total executive compensation during the period between the
filing of Annual Reports within 60 days of any change taking effect. All compensation reports
shall detail the percentage of executive leadership compensation received directly from all
Stale and/or Federal allocations to the Agency. Annual Reports shall be in the form approved
by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us
within 180 days following the end of each tax year of the Agency receiving Department funding.
I. Design Services and Construction Engineering and Inspection Services. If the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
In Section 332.004, Florida Statutes, the entity performing design and construction
engineering and inspection services may not be the same entity.
18. Indemniflcation and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Agency shall indemnify, defend, and hold harmless the State of Florida, Department of
Page 13 of 37
55 of 360
STATE OF FLOWDA DEPARTMENT OF TRANSPORTATION Form nS.000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT 0cc07122
Transportation, including the Department's officers and employees, from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the Agency and
persons employed or utilized by the Agency in the performance of this Agreement. Nothing
contained In this paragraph is Intended to nor shall it constitute a waiver of the Department's
or the Agency's sovereign immunity. This indemnification shall survive the termination of this
Agreement. Additionally, the Agency agrees to include the following indemnification in all
contracts with contractors/subcontractors and cons uItants/subconsultanIs who perform work
In connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This Indemnification shall survive the termination of this Agreement"
b. The Agency shall provide Workers' Compensation Insurance In accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsullant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause Its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policylies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policyfies or coverage described herein may contain or be subject to a
Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self -perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
Page 14 of 37
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STATE OF FLORWA DEPARTMENT OF TRANSPORTATION Form 7250"t
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT occ07W
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policyres procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement Involves work on or in the vicinity of utility -owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non -Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
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STATE OF FLORIDA DEPARTMEM OF TRANSPORTATION Form 7254W-01
PUBLIC TRANSPORTATION oESTRATEGIC
VELOPYENT
GRANT AGREEMENT OGCD7f22
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
I. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENC i of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: � � By:
r
Ndme: Paul E. Carlisle Name: Steven C Braun. P.E.
Title: City Managex' Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T25-M-02
PUBLIC TRANSPORTATION DEVSTREL"'EGT
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGc07122
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): Runway 10-28 and Taxiway Bravo Markings
B. Project Location (limits, city, county, map): Sebastian Municipal Airport/Sebastian, FL/Indian River
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): Runway Markings for Runway 10-28 and Taxiway Bravo: As required by
215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey costs, construction
inspection costs, mobilization and demobilization, pavement marking removal, surface preparation, pavement
markings, and safety barricades, Including all materials, equipment, labor, and incidentals required to mark the runway.
The Sponsor will comply with Aviation Program Assurances.
D. Deliverable(s):
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs Incurred by the Agency.
E. Unallowable Costs (including but not limited to):
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The
original grant agreement will include funding for year one. Funding for years two and three will be added by
amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year
have been met.
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STATE OF FLORIDA OEPARTMEHT OF TRANSPORTATION Fo m 725,000.02
PUBLIC TRANSPORTATION DEVELOPMENT
YELOPlAEHT
GRANT AGREEMENT EXHIBITS OCG07122
EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REOUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financlal
Fund
FLAIR
State
Object
CSFAI
CSFAICFDA Title or
Funding
Management
Type
Category
Fiscal
Cade
CFDA
Funding Source
Amount
Number
Year
Number
Descriation
450933-1-94-01 DPTO
088719
-
2023
751000
55,004
Aviation Grant Program
$37,814,00
450933.1-94--01 LF
088719
2023
751000
55,004
Aviation Grant Proa_ram
$9.454.00
Total Financial Assistance
$47,268.00
B. Estimate of Project Costs by Grant Phase:
Phases'
State
I
Local I
Federal I
Totals I State I
Local Federal
Land Acquisition S0.00
$0.00
$0.00
SSQ.00 0.00
0,00 0.00
Planning S0.00
$0.00
$0.00'
$0.00 0.00
0,00 0.00
Environmental/Design/Construction
$37.814.00
S9,454.00
S0.00
S47,268.00 80.00
20.00 0.00
Capital Equipment/ Preventative $0.00
$0.00
S0.00
S0.00 0.00
0.00 0,00
Maintenance_
_
_ _
Match to Direct Federal Funding 50.00
SQ.OQ
$0.00
_
S0.00 0.00
0.00 0.00
Mobility Management
$0.00
S0.00
$0.00
$0.00 0.00
0.00 0.00
(Transit Only)
_
_-
Totals
$37,814.00
$9, 0454 0
$0.00
$47,268.00
'Shifting items between these grant phases requires
execution of an Amendment
to the Public Transportation Grant
Agreement.
Scope Code and/or Activity
Line Item (ALI) (Transit Only)
BUDGETICOST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be
allowable, reasonable, and necessary as required by Section 216,3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Laurie McDermott
Department Grant Manager Name
Signature - -- - Date - ---
Page 19 of 37
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 7254)00-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS occo7M
EXHIBIT C
TERMS AND CONDITIONS OF CONSTRUCTION
1. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design
plans for the Project. The Agency shall hire a qualified consultant for the design phase of the
Project or, if applicable, the Agency shall require their design -build contractor or construction
management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the
Agency for the design phase or other non -construction phases of the Project. If the Project
involves a construction phase, the Agency shall not begin the construction phase of the Project
until the Department issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement, the Agency shall request a
Notice to Proceed from the Department's Project Manager, Laurie McDermott (email:
Laurie.McDermott(a)dot.state.fl.us) or from an appointed designee. Anv construction phase
work performed Drior to the execution of this required Notice to Proceed Is not subiect to
reimbursement.
c. The Agency will provide one (1) copy of the final design plans and specifications and final bid
documents to the Department's Project Manager prior to bidding or commencing construction
of the Project.
d. The Agency shall require the Agency's contractor to post a payment and performance bond
in accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement
Is performed in accordance with the approved construction documents, and that the
construction work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the
Department In writing of the completion of construction of the Project; and for all design work
that originally required certification by a Professional Engineer, this notification shall contain
an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the
form of which is attached to this Exhibit. The certification shall state that work has been
completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans or specifications, the certification shall include
a list of all deviations along with an explanation that justifies the reason to accept each
deviation.
2. Construction on the Department's Right of Way. If the Project Involves construction on the
Department's right-of-way, then the following provisions apply to any and all portions of the Project
that are constructed on the Department's right-of-way:
a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to
perform the construction work for the Project. The Agency must certify that the installation of
the Project is completed by a Contractor prequalified by the Department as required by Section
2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless
otherwise approved by the Department in writing or the Contractor exhibits past project
experience in the last five years that are comparable in scale, composition, and overall quality
to the site characterized within the scope of services of this Project.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 72500142
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS occ07122
b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a
Department prequalified consultant firm Including one individual that has completed the
Advanced Maintenance of Traffic Level Training, unless otherwise approved by the
Department in writing. The CEI staff shall be present on the Project at all times that the
contractor is working. Administration of the CEI staff shall be under the responsible charge of
a State of Florida Licensed Professional Engineer who shall provide the certification that all
design and construction for the Project meets the minimum construction standards established
by Department. The Department shall approve all CEI personnel. The CEI firm shall not be
the same firm as that of the Engineer of Record for the Project. The Department shall have
the right, but not the obligation, to perform independent assurance testing during the course
of construction of the Project. Notwithstanding the foregoing, the Department may issue a
written waiver of the CEI requirement for portions of Projects Involving the construction of bus
shelters, stops, or pads.
c. The Project shall be designed and constructed In accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction, the Department
Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following
guidelines shall apply as deemed appropriate by the Department: the Department Structures
Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO
LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book"), and the Department Traffic Engineering Manual. The Agency will be required
to submit any construction plans required by the Department for review and approval prior to
any work being commenced. Should any changes to the plans be required during construction
of the Project, the Agency shall be required to notify the Department of the changes and
receive approval from the Department prior to the changes being constructed. The Agency
shall maintain the area of the Project at all limes and coordinate any work needs of the
Department during construction of the Project.
d. The Agency shall notify the Department a minimum of 48 hours before beginning construction
within Department right-of-way. The Agency shall notify the Department should construction
be suspended for more than 5 working days. The Department contact person for construction
Is
e. The Agency shall be responsible for monitoring construction operations and the maintenance
of traffic (MOT) throughout the course of the Project in accordance with the latest edition of
the Department Standard Specifications, section 102. The Agency is responsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT
plan shall be in accordance with the latest version of the Department Design Standards, Index
600 series. Any MOT plan developed by the Agency that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to Implementation.
f. The Agency shall be responsible for locating all existing utilities, both aerial and underground.
and for ensuring that all utility locations be accurately documented on the construction plans.
All utility conflicts shall be fully resolved directly with the applicable utility.
g. The Agency will be responsible for obtaining all permits that maybe required by other agencies
or local governmental entities.
h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department's right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall
operate to create or vest any property right to or In the Agency, except as may otherwise be
provided In separate agreements. The Agency shall not acquire any right, title, interest or
Page 21 of 37
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-02
PUBLIC TRANSPORTATION STRATEGIC DEVELOPIRENTNT
GRANT AGREEMENT EXHIBITS OGC07n2
estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution,
operation, effect, or performance of this Agreement including, but not limited to, the Agency's
use, occupancy or possession of Department right of way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation
concurrency requirements pursuant to Chapter 163, F.S.
I. The Agency shall not cause any liens or encumbrances to attach to any portion of the
Department's property, including but not limited to, the Department's right-of-way.
j. The Agency shall perform all required testing associated with the design and construction of
the Project. Testing results shall be made available to the Department upon request. The
Department shall have the right to perform its own independent testing during the course of
the Project.
k. The Agency shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner, with reasonable care, in accordance with the
terms and provisions of this Agreement and all applicable federal, state, local, administrative,
regulatory, safely and environmental laws, codes, rules, regulations, policies, procedures,
guidelines, standards and permits, as the same may be constituted and amended from time
to time, including, but not limited to, those of the Department, applicable Water Management
District, Florida Department of Environmental Protection, the United Stales Environmental
Protection Agency, the United States Army Corps of Engineers, the United States Coast
Guard and local governmental entities.
I. If the Department determines a condition exists which threatens the public's safety, the
Department may, at its discretion, cause construction operations to cease and immediately
have any potential hazards removed from its right-of-way at the sole cost, expense, and effort
of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
m. The Agency shall be responsible to maintain and restore all features that might require
relocation within the Department right-of-way.
n. The Agency will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
o. The acceptance procedure will include a final "walk-through" by Agency and Department
personnel. Upon completion of construction, the Agency will be required to submit to the
Department final as -built plans and an engineering certification that construction was
completed in accordance to the plans. Submittal of the final as -built plans shall include one
complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy
prepared In Portable Document Format (PDF). Prior to the termination of this Agreement, the
Agency shall remove its presence, including, but not limited to, all of the Agency's property,
machinery, and equipment from Department right-of-way and shall restore those portions of
Department right of way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project.
If the Department determines that the Project is not completed in accordance with the
provisions of this Agreement, the Department shall deliver written notification of such to the
Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's
written notice, or such other time as the Agency and the Department mutually agree to in
writing, to complete the Project and provide the Department with written notice of the same
(the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or
if it Is determined that the Project is not properly completed after receipt of the Notice of
Completion, the Department, within Its discretion may: 1) provide the Agency with written
authorization granting such additional time as the Department deems appropriate to correct
the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense,
Page 22 of 37
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 72540D0.02
PUBLIC TRANSPORTATION DESTRATEGIC
VELOPMENT
GRANT AGREEMENT EXHIBITS Occ07122
without Department liability to the Agency for any resulting loss or damage to property,
including, but not limited to, machinery and equipment. If the Department elects to correct the
deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred
by the Department and the Agency shall pay the invoice within thirty (30) days of the date of
the invoice.
q. The Agency shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Agency shall be responsible for the
correction of any erosion, shoaling, or water quality problems that result from the construction
of the Project.
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate
and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the
Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is
granted to temporarily close a sidewalk, it should be done with the express condition that an
alternate route will be provided, and shall continuously maintain pedestrian features to meet
Americans Disability Act (ADA) standards.
t. Restricted hours of operation will be as follows, unless otherwise approved by the
Department's District Construction Engineer or designee (insert hours and days of the week
for restricted operation):
u. Lane closures on the state road system must be coordinated with the Public Information Office
at least two weeks prior to the closure. The contact information for the Department's Public
Information Office is:
Insert District PIO contact info:
Note: (Highlighted sections indicate need to confirm information with District Office or
appropriate DOT person managing the Agreement)
3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable
Engineer's Certification of Compliance to the Department upon completion of the construction phase
of the Project.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 7254=-02
STRATEGIC
PUBLIC TRANSPORTATION DEVELOPMENT
GRANT AGREEMENT EXHIBITS Occ 07a2
ENGINEER'S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been completed in
compliance with the Project construction plans and specifications. If any deviations have been made from the
approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each
deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish
the Department a set of "as -built" plans for construction on the Department's Right of Way certified by the
Engineer of Record/CEI.
SEAL:
By: P.E.
Name:
Date:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725•OOD-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOP►tEtiT
GRANT AGREEMENT EXHIBITS OW07W
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
Page 25 of 37
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION form 72S-M-02
ATEGIC
PUBLIC TRANSPORTATION DEVELOPMENT
OEYELOPMENT
GRANT AGREEMENT EXHIBITS OOco7122
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION
AVIATION PROGRAM ASSURANCES
A. General.
1. The assurances herein shall form an Integral part of the Agreement between the Department and the Agency.
2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and
compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit
"B", Schedule of Financial Assistance, as well as serving to protect public investment In public -use airports
and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a
facility developed; equipment acquired; or Project items installed within a facility for an airport development or
noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights
and Airport Revenue so long as the property is used as a public airport.
6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real
property acquired with funds provided by this Agreement.
7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project
under the terms of this Agreement, until such time as the Department may determine that the Agency has failed
to comply with the terms and assurances of this Agreement.
8. An Agency that has been determined by the Department to have failed to comply with either the terms of these
Assurances, or the terms of the Agreement, or both, shall be notified, In writing, by the Department, identifying
the specifics of the non-compliance and any corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued
financial commitment to this Project and immediately require the Agency to repay the Department the full amount
of funds expended by the Department on this Project.
10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's
eligibility for further state funding of airport projects by the Department.
B. Agency Compliance Certification.
1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its
authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as
well as Department policies, guidelines, and requirements, including but not limited to, the following (latest
version of each document):
a. Florida Statutes (F.S.)
• Chapter 163, F.S., Intergovernmental Programs
• Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
• Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
• Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
• Chapter 332. F.S., Airports and Other Air Navigation Facilities
• Chapter 333, F.S., Airport Zoning
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STATE OF FLORMA DEPARTMENT OF TRANSPORTATION Fomn 725000.02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS occ07ru
b. Florida Administrative Code (FAC)
• Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of
Local Government Comprehensive Plans and Amendments
• Chapter 14-60. FAC, Airport Licensing, Registration, and Airspace Protection
• Section 62-256.300, FAC, Open Burning, Prohibitions
• Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport
Safety
c. Local Government Requirements
• Airport Zoning Ordinance
• Local Comprehensive Plan
d. Department Requirements
• Eight Steps of Building a New Airport
• Florida Airport Revenue Use Guide
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Airport Compatible Land Use Guidebook
2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all
design plans and specifications will comply with applicable federal, slate, local, and professional standards, as
well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto,
Including but not limited to, the following:
a. Federal Requirements
• FAA AC 7017460-1, Obstruction Marking and Lighting
• FAA AC 150/5300-13, Airport Design
• FAA AC 15015370-2, Operational Safety on Airports During Construction
• FAA AC 150/5370-10, Standards for Specifying Construction of Airports
b. Local Government Requirements
• Local Building Codes
• Local Zoning Codes
c. Department Requirements
• Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (Commonly Referred to as the "Florida Green Book")
• Manual on Uniform Traffic Control Devices
• Section 14-60.007, FAC, Airfield Standards for Licensed Airports
• Standard Specifications for Construction of General Aviation Airports
• Design Guidelines & Minimum Standard Requirements for T-Hangar Projects
3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with
applicable federal and/or state policies, regulations, and laws, including but not limited to the following:
a. Federal Requirements
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
• National Environmental Policy of 1969
• FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects
• FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
• Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
• Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
• Section 286.23, F.S., Public Business: Miscellaneous Provisions
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC EMENT7
GRANT AGREEMENT EXHIBITS OOc07W
C. Agency Authority.
1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to
enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly
adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including
assurances contained therein, and directing and authorizing the person identified as the official representative
of the governing body to act on its behalf with respect to this Agreement and to provide any additional information
as may be required.
2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds
available for that portion of the Project costs which are not paid by the U.S. Government or the Stale of Florida;
that It has sufficient funds available to assure future operation and maintenance of items funded by this Project,
which It will control; and that authority has been granted by the airport sponsor governing body to commit those
funds to this Project.
D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following
responsibilities:
1. Accounting System.
a. The Agency shall create and maintain a separate account to document all of the financial transactions
related to the airport as a distinct entity.
b. The accounting records shall be kept by the Agency or its authorized representative in accordance with
Generally Accepted Accounting Principles and In an accounting system that will facilitate an effective audit
In accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act.
c. The Department has the right to audit and Inspect all financial records of the Agency upon reasonable notice.
2. Good Title.
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance,
satisfactory to the Department, that good title will be obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds
good title, satisfactory to the Department, to that portion of the property upon which state funds will be
expended, or gives assurance. satisfactory to the Department, that good title will be obtained.
3. Preserving Rights and Powers.
a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms and assurances of this Agreement without the written
approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a
manner acceptable to the Department, any outstanding rights or claims of right of others which would
interfere with such performance by the Agency.
b. If an arrangement Is made for management and operation of the airport by any entity or person other than
the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure
that the airport will be operated and maintained in accordance with the terms and assurances of this
Agreement.
4. Hazard Removal and Mitigation.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T25-M-02
PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT
GRANT AGREEMENT EXHIBITS occ 07122
a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal
airspace required for Instrument and visual operations at the airport (including established minimum flight
attitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the
governing public authority or private land owner of the property to clear and protect terminal airspace
required for instrument and visual operations at the airport (including established minimum flight attitudes)
by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and
by preventing the establishment or creation of future airport hazards. The Agency may enter Into an
agreement with surrounding property owners or pursue available legal remedies to remove potential hazards
to air navigation.
5. Airport Compatible Land Use.
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03,
F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of
an airport zoning ordinance or execution of an Interlocal agreement with another local government body
having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural
or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of
airport operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or
expansion of airport Incompatible land use areas.
6. Consistency with Local Government Plans.
a. The Agency assures the Project is consistent with the currently existing and planned future land use
development plans approved by the local government having jurisdictional responsibility for the area
surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and has had
reasonable consultation with those parties affected by the Project.
c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the
current, approved Airport Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan.
a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent
with the most current Airport Master Plan.
b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent
with the most current, approved Airport Layout Plan (ALP), which shows:
1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all
offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto;
2) The location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing airport facilities; and
3) The location of all existing and proposed non -aviation areas on airport property and of all existing
improvements thereon.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form TY -m-o2
PUBLIC TRANSPORTATION STRATEGIC DEYELOPMENT
GRANT AGREEMENT EXHIBITS oac 0712:
c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its
facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the
Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification
thereof, will be subject to the approval of the Department.
8. Airport Financial Plan.
a. The Agency assures that it will develop and maintain a cost -feasible Airport financial plan to accomplish
the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan
and depicted in the Airport Layout Plan, and any updates thereto. The Agency's Airport financial plan must
comply with the following conditions:
1) The Airport financial plan will be a part of the Airport Master Plan.
2) The Airport financial plan will realistically assess project phasing considering availability of slate and
local funding and likelihood of federal funding under the FAA's priority system.
3) The Airport financial plan will not include Department funding for projects that are inconsistent with
the local government comprehensive plan.
b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the
Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website.
9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital
improvement or operating costs of the airport; the local airport system; or other local facilities which are owned
or operated by the owner or operator of the airport and which are directly and substantially related to the air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental Structure.
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport
that it will make the airport as self-sustaining as possible under the circumstances existing at the particular
airport.
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures
that the price charged for that facility will be based on the market value.
11. Public -Private Partnership for Aeronautical Uses.
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential
tenant agree that an aircraft hangar or tenant -specific facility, respectively, Is to be constructed on airport
property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner
or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and
conditions on the facility as the airport owner or operator may impose, subject to approval by the Department.
b. The price charged for said lease will be based on market value, unless otherwise approved by the
Department.
12. Economic Nondiscrimination.
a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms
without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public.
1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met
by all users of the airport as may be necessary for the safe and efficient operation of the airport.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 7254)00-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENTT
GRANT AGREEMENT EXHIBITS OW07a2
2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if
such action is necessary for the safe operation of the airport or necessary to serve the civil aviation
needs of the public.
b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of
such airport and utilizing the same or similar facilities.
13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway
extension, or runway location will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards.
14. Operations and Maintenance.
a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users
of the airport, shall be operated at all times In a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by applicable federal and state agencies for
maintenance and operation, as well as minimum standards established by the Department for State of
Florida licensing as a public -use airport.
1) The Agency assures that it will not cause or permit any activity or action thereon which would
interfere with its use for airport purposes.
2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical
purposes must first be approved by the Department.
3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition
affecting aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use
during temporary periods when adverse weather conditions interfere with safe airport operations.
15. Federal Funding Eligibility.
a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and
It will avoid any action that renders the airport Ineligible for federal funding.
b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the
Agency ineligible for slate funding of airport projects.
16. Project Implementation.
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project
within one year after the effective date of this Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to approval by the
Department District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow
the Department to terminate this Agreement.
17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any
person providing, or intending to provide, aeronautical services to the public.
18. Airfield Access.
a. The Agency assures that it will not grant or allow general easement or public access that opens onto or
crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency
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STATE OF FLORWA DEPARTMENT OF TRANSPORTATION Form 725-M-02
PUBLIC TRANSPORTATION DEsTRArEcic
VELOPMENT
GRANT AGREEMENT EXHIBITS OGC=2
equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing
systems, including but not limited to flight operations, ground services, emergency services, terminal
facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard
airport daily services or during special events at the airport open to the public with limited and controlled
access.
b. The Agency assures that it will not grant or allow general easement or public access to any portion of the
airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency
without prior Department approval.
19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the real property shown as airport owned or controlled on the current
airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate,
waive, or otherwise transfer or dispose of any part of Its title, rights, or other interest in existing noise easements
or avigation easements on any property, airport or non -airport, without prior written approval by the Department.
These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes.
20. Consultant, Contractor, Scope, and Costs.
a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and
subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors
have a record of poor project performance with the Department.
b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of
professional services.
21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the approved
scope of services.
c. Make such project materials available for public review, unless exempt from public disclosure.
1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 F.S.
2) No materials prepared under this Agreement shall be subject to copyright in the United Slates or
any other country.
d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this Agreement.
e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto,
it will be consistent with provisions of the Florida Aviation System Plan, will Identify reasonable future growth
of the airport and the Agency will comply with the Department airport master planning guidebook, including:
1) Provide copies, in electronic and editable format, of final Project materials to the Department,
including computer -aided drafting (CAD) files of the Airport Layout Plan.
2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects
described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto.
The cost -feasible financial plan shall realistically assess Project phasing considering availability of
state and local funding and federal funding under the FAA's priority system.
3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement
Program (JACIP).
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STATE OF FLOP40A DEPARTMENT OF TRANSPORTATION Form 7215-M-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS ooco7rr2
f. The Agency understands and agrees that Department approval of this Agreement or any planning material
developed as part of this Agreement does not constitute or Imply any assurance or commitment on the part
of the Department to approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA
approval prior to submitting any invoices to the Department for payment.
22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:
a. Laws. Acquire the land In accordance with federal and/or state laws governing such action.
b. Administration. Maintain direct control of Project administration, including:
1) Maintain responsibility for all related contract letting and administrative procedures related to the
purchase of real property.
2) Secure written Department approval to execute each agreement for the purchase of real property
with any third party.
3) Ensure a qualified, State -certified general appraiser provides all necessary services and
documentation.
4) Furnish the Department with a projected schedule of events and a cash flow projection within 20
calendar days after completion of the review appraisal.
5) Establish a Project account for the purchase of the land.
6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in
accordance with Chapter 332, F.S., the Agency shall comply with the following requirements:
1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within
60 days of executing this Agreement.
2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing,
within 14 calendar days of receiving the federal funds and Is responsible for reimbursing the
Department within 30 calendar days to achieve normal project federal, state, and local funding
shares per Chapter 332, F.S.
3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department
within 30 calendar days after the reimbursable funds are due in order to achieve normal project
state and local funding shares as described in Chapter 332, F.S.
4) If federal funds are not received for the land purchase and the state share of the purchase is less
than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable
funds are due, no reimbursement to the Department shall be required.
d. New Airport. If this Project involves the purchase of real property for the development of a new airport,
the Agency assures that it will:
1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron,
and connecting taxiway within one year of the date of land purchase.
2) Complete an Airport Master Plan within two years of land purchase.
3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the
terms and assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following:
1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when
the land is no longer needed for such purposes, dispose of such land at fair market value and/or
make available to the Department an amount equal to the state's proportionate share of Its market
value.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-M-02
PUBLIC TRANSPORTATION sTRAreal
DeveLaPMENT
GRANT AGREEMENT EXHIBITS O0007122
2) Land will be considered to be needed for airport purposes under this assurance if:
a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer.
b) Revenue from uses of such land contributes to airport financial self-sufficlency.
3) Disposition of land under Sections D.22.f.1. or D.2212. of this Exhibit, above, shall be subject to
retention or reservation of any Interest or right therein needed to ensure such land will only be used
for purposes compatible with noise levels related to airport operations.
4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this
Exhibit, and expended as outlined in Section D.g. of this Exhibit.
23. Construction Projects. The Agency assures that it will:
a. Project Certifications. Certify Project compliances, including:
1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules,
regulations, and policies.
2) All design plans and specifications comply with federal, state, and professional standards and
applicable FAA advisory circulars, as well as the minimum standards established by the Department
for State of Florida licensing as a public -use airport.
3) Completed construction complies with all applicable local building codes.
4) Completed construction complies with the Project plans and specifications with certification of that
fact by the Project Engineer.
b. Design Development. For the plans, specifications, construction contract documents, and any and all
other engineering, construction, and contractual documents produced by the Engineer, which are
hereinafter collectively referred to as "plans", the Engineer will certify that:
1) The plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.
2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of
this Agreement.
3) The Project Engineer shall perform a review of the certification requirements listed in Section 6.2.
of this Exhibit, Construction Certification, and make a determination as to their applicability to this
Project.
4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations.
c. Inspection and Approval. The Agency assures that:
1) The Agency will provide and maintain ccmpetent technical supervision at the construction site
throughout the Project to assure that the work conforms to the plans, specifications, and schedules
approved by the Department, as applicable, for the Project.
2) The Agency assures that it will allow the Department to inspect the work and that it will provide any
cost and progress reporting, as may be required by the Department.
3) The Agency assures that it will take the appropriate corrective action necessary, as required by the
Department, for work which does not conform to the Department standards.
d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or
reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance
management program and that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assistance at the airport.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIDN Form T2540042
PUBLIC TRANSPORTATION DE�1A1E°ENT4
VELOPM
GRANT AGREEMENT EXHIBITS OGCOTn2
24. Noise Mitigation Projects. The Agency assures that it will:
a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local government other than the Agency, the Agency
shall enter into an agreement with that government body.
1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to
the same terms and assurances that apply to the Agency.
2) The Agency assures that it will take steps to enforce the local agreement if there Is substantial non-
compliance with the terms of the local agreement.
b. Private Agreements. For noise compatibility projects on privately owned property:
1) The Agency shall enter into an agreement with the owner of that property to exclude future actions
against the airport.
2) The Agency assures that it will take steps to enforce such agreement if there is substantial non-
compliance with the terms of the agreement.
- End of Exhibit E -
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400.02
PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT
GRANT AGREEMENT EXHIBITS occ07n2
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable properly
is purchased using State funds, the contract should include a provision for the transfer of the property to the
Slate when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal properly as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the Stale.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address hti s:ilwww.m fioridacfo.com/Division/AA/Manuals/doc ents/ReferenceGui for to eE nditu es. df.
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STATE OF FLORiDA DEPARTMENT OF TRANSPORTATION Form 725-000.02
PUBLIC TRANSPORTATION STkATZGIC OEYELClPLIENTENT
GRANT AGREEMENT EXHIBITS Or.CV22
EXHIBIT G
AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL. ASSISTANCE
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES: —
Awarding Agency: Florida Department of Transportation
State Project Title: Aviation Grant Program
CSFA Number. 55.004
*Award Amount: 537,814
'The award amount may change with amendments
Specific project information for CSFA Number 55.004 is provided at: hitps:llapps.fidfs.com/fsaalsearchCataloq.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
Slate Project Compliance Requirements for CSFA Number 55,004 are provided at:
https:llapp5.fldfs.com/fsaa/searchComnliance.aspx
The State Projects Compliance Supplement is provided at: hitps:liapps.fldfs.com/(saalcompliance.aspx
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an.r
SEELAST"
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 28, 2022
Agenda Item Title: FDOT Public Transportation Grant Agreement (PTGA) - Runway 10-28 and
Taxiway Bravo Markings
Recommendation: Staff recommends adoption of Resolution R-22-29, approving Public:
Transportation Grant Agreement FM450933-1-94-01 reflecting funds to Re -Paint the narkings on Runway
10-28 and Taxiway Bravo at Sebastian Municipal Airport. Authorize the City Manager to execute
appropriate documents.
Background: The current condition ol' Runway 10-28 and 'Taxiway Bravo centerline and
edge markings are faded and listed by FDOT Aviation as needing improvement by the state licensing
inspector. This Resolution will accept the 80% FDOT grant portion of PTGA FM450933-1-94-01. FDOT
has a state -approved contractor we will use for this work.
If Agenda Item Requires Expenditure of Funds:
Total Budgeted Amount: $47,268
Total Cost: State 80% = $37,814
Local 20% = S9,454 TBD
Attnclmlents:
1. PTGA FM450933-1-94-01
2. Resolution # R-22-29
Administrative Services Department eview:
City Attorney Review:
Procurement Division Rcvi v. it appltCable:
City Manager Authorization: G /
Date:
-VJ -I J��
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375
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Agreement No. BEA97
Financial Project I.D.
F.E.I.D. No.: F85-3518646-001
Appropriation Bill Number(s)/Line Item Number(s) for 1 st year of
contract, pursuant to s. 216.313, F.S.:
(required for contracts in excess of $5 mWion)
Procurement No.: DOT-RFP-21-9019-CA
DMS Catalog Class No.: 72151306
BY THIS AGREEMENT, made and entered into on March 19, 2021 by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and Florida Airfield
Maintenance. JV , of 119 Commerce Way. Suite B. Sanford, Florida 32771 duly authorized to conduct business in the
State of Florida, hereinafter called "Vendor," hereby agree as follows:
1. SERVICES AND PERFORMANCE
A In connection with Airport Pavement Markin Condition Assessment Services and/or Airport Pavement
Markina and Related Services , the Department does hereby retain the Vendor to furnish certain
services, information, and items as described in Exhibit "A," attached hereto and made a part hereof.
B. Before making any additions or deletions to the work described in this Agreement, and before
undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost
changes and shall enter into an Amendment covering such work and compensation. Reference herein
to this Agreement shall include anyamendment(s).
C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this
Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall be
the exclusive property of the Department without restriction or limitation on their use and shall be made
available, upon request, to the Department at any time during the performance of such services and/or
upon completion or termination of this Agreement. Upon delivery to the Department of said
document(s), the Department shall become the custodian thereof in accordance with Chapter 119,
Florida Statutes. The Vendor shall not copyright any material and products or patent any invention
developed under this Agreement. The Department shall have the right to visit the site for inspection of
the work and the products of the Vendor at anytime.
D. All final plans, documents, reports, studies, and other data prepared by the Vendor shall bear the
professional's seal/signature, in accordance with the applicable Florida Statutes, Administrative Rules
promulgated by the Department of Business and Professional Regulation, and guidelines published by
the Department, in effect at the time of execution of this Agreement. In the event that changes in the
statutes or rules create a conflict with the requirements of published guidelines, requirements of the
statutes and rules shall take precedence.
E The Vendor agrees to provide project schedule progress reports in a format acceptable to the
Department and at intervals established by the Department. The Department shall be entitled at all
times to be advised, at its request, as to the status of work being done by the Vendor and of the details
thereof. Coordination shall be maintained by the Vendor with representatives of the Department, or of
other agencies interested in the project on behalf of the Department. Either party to this Agreement
may request and be granted a conference.
F. All services shall be performed by the Vendor to the satisfaction of the Director who shall decide all
questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this
Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount
of value thereof; and the decision upon all claims, questions, and disputes shall be final and binding
upon the parties hereto. Adjustments of compensation and contract time because of any major changes
in the work that may become necessary or desirable as the work progresses shall be subject to mutual
agreement of the parties, and amendment(s) shall be entered into by the parties in accordance herewith.
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Reference herein to the Director shall mean the Assistant Secretary. Strategic Development.
2. TERM
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A Initial Term. This Agreement shall begin on date of execution and shall remain in full force and effect
through completion of all services required or 12/31/2023, whichever occurs first. Subsequent to the
execution of this Agreement by both parties, the services to be rendered by the Vendor shall commence
and be completed in accordance with the option selected below. (Select box and indicate date(s) as
appropriate):
0 Services shall commence upon contract execution and shall be completed by 12/31/2023 or date of
termination, whichever occurs first.
❑ Services shall commence upon written notice from the Department's Contract Manager and shall be
completed by or date of termination, whichever occurs first.
❑ Other: See Exhibit "A"
B. RENEWALS (Select appropriate box):
❑ This Agreement may not be renewed.
El This Agreement may be renewed for a period that may not exceed three (3) years or the term of the
original contract, whichever is longer. Renewals are contingent upon satisfactory performance
evaluations by the Department and subject to the availability of funds. Costs for renewal may not be
charged. Any renewal or extension must be in writing and is subject to the same terms and
conditions set forth in this Agreement and any written amendments signed by the parties.
C. EXTENSIONS. In the event that circumstances arise which make performance by the Vendor
impracticable or impossible within the time allowed or which prevent a new contract from being
executed, the Department, in its discretion, may grant an extension of this Agreement. Extension of this
Agreement must be in writing for a period not to exceed six (6) months and is subject to the same terms
and conditions set forth in this Agreement and any written amendments signed by the parties; provided
the Department may, in its discretion, grant a proportional increase in the total dollar amount based on
the method and rate established herein. There may be only one extension of this Agreement unless the
failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events
beyond the control of the Vendor.
It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Project
Schedule within which to complete services on the project. In the event there have been delays which
would affect the project completion date, the Vendor shall submit a written request to the Department
which identifies the reason(s) for the delay and the amount of time related to each reason. The
Department shall review the request and make a determination as to granting all or part of the requested
extension.
COMPENSATION AND PAYMENT
A Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes. If the Department determines that the performance of the Vendor is unsatisfactory, the
Department shall notify the Vendor of the deficiency to be corrected, which correction shall be made
within a time -frame to be specified by the Department. The Vendor shall, within five days after notice
from the Department, provide the Department with a corrective action plan describing how the Vendor
will address all issues of contract non-performance, unacceptable performance, failure to meet the
minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective
action plan is unacceptable to the Department, the Vendor shall be assessed a non-performance
retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice
for the then -current billing period. The retainage shall be withheld until the vendor resolves the
deficiency. If the deficiency is subsequently resolved, the Vendor will bill the Department for the
retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the
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funds retained will be forfeited at the end of the agreement period.
R If this Agreement involves units of deliverables, then such units must be received and accepted in writing
by the Contract Manager prior to payments.
C. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
D. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's
Project Manager, shall be submitted in accordance with Section 112.061, Florida Statutes. In addition, if
compensation for travel is authorized under this Agreement and by the Department's Project Manager,
then the Department shall not compensate the Vendor for lodging/hotel expenses in excess of $150.00
per day (excluding taxes and fees). The Vendor may expend their own funds to the extent the lodging/
hotel expense exceeds $150.00 per day. The Department, in its sole discretion and pursuant to its
internal policies and procedures, may approve compensation to the Vendor for lodging/hotel expenses in
excess of $150.00 per day.
E Vendors providing goods and services to the Department should be aware of the following time frames.
Upon receipt, the Department has five (5) working days to inspect and approve the goods and services,
unless otherwise specified herein. The Department has twenty (20) days to deliver a request for payment
(voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of
the date the invoice is received or the goods or services are received, inspected and approved.
F. If a payment is not available within forty (40) days, a separate interest penalty as established pursuant to
Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the
Vendor. Interest penalties of less than one (1) dollar shall not be enforced unless the Vendor requests
payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shall
result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the Department.
G. The State of Florida, through the Department of Management Services, has instituted
MyFloddaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), Florida
Statutes, all payments shall be assessed a transaction fee of one percent (1%), which the Vendor shall
pay to the State. For payments within the State accounting system (FLAIR or its successor), the
transaction fee shall, when possible, be automatically deducted from payments to the Vendor. If
automatic deduction is not possible, the Vendor shall pay the transaction fee pursuant to Rule 60A-1.031
(2), Florida Administrative Code. By submission of these reports and corresponding payments, Vendor
certifies their correctness. All such reports and payments shall be subject to audit by the State or its
designee. The Vendor shall receive a credit for any transaction fee paid by the Vendor for the purchase
of any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor.
Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned,
or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the
Agreement. Failure to comply with these requirements shall constitute grounds for declaring the Vendor
in default and recovering reprocurement costs from the Vendor in addition to all outstanding fees.
VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM
CONDUCTING FUTURE BUSINESS WITH THE STATE.
H. A vendor ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for vendors who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)413-5516.
Records of costs incurred under terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for three (3) years after
final payment for the work pursuant to this Agreement is made. Copies of these documents and records
shall be furnished to the Department upon request. Records of costs incurred shall include the Vendor's
general accounting records and the project records, together with supporting documents and records of
the Vendor and all subcontractors performing work on the project, and all other records of the Vendor
and subcontractors considered necessary by the Department for a proper audit of projectcosts.
J. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
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contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require
a statement from the comptroller of the Department that funds are available prior to entering into any
such contract or other binding commitment of funds. Nothing herein contained shall prevent the making
of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the
Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
4. INDEMNITY AND PAYMENT FOR CLAIMS
A INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless
the Department, its officers and employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or
intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the
performance of this Agreement.
It is specifically agreed between the parties executing this Agreement that it is not intended by any of
the provisions of any part of the Agreement to create in the public or any member thereof, a third party
beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for
personal injuries or property damage pursuant to the terms or provisions of this Agreement.
PAYMENT FOR CLAIMS: The Vendor guaranties the payment of all just claims for materials, supplies,
tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the
Agreement. The Department's final acceptance and payment does not release the Vendor's bond until
all such claims are paid or released.
B. LIABILITY INSURANCE. (Select and complete as appropriate):
❑ No general liability insurance is required.
El The Vendor shall carry and keep in force during the term of this Agreement, a general liability
insurance policy or policies with a company or companies authorized to do business in Florida,
affording public liability insurance with a combined bodily injury limits of at least $200.000.00 per
person and $300,000.00 each occurrence, and property damage insurance of at least $200.000.00
each occurrence, for the services to be rendered in accordance with this Agreement
❑ The Vendor shall have and maintain during the term of this Agreement, a professional liability
insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 and
Section 337.106, Florida Statutes, with a company or companies authorized to do business in the
State of Florida, affording liability coverage for the professional services to be rendered in
accordance with this Agreement in the amount of $
C. WORKERS' COMPENSATION. The Vendor shall also cant' and keep in force Workers'
Compensation insurance as required for the State of Florida under the Workers' Compensation Law.
D. PERFORMANCE AND PAYMENT BOND. (Select as appropriate):
El No Bond is required.
❑ Prior to commencement of any services pursuant to this Agreement and at all times during the term
hereof, including renewals and extensions, the Vendor will supply to the Department and keep in
force a bond provided by a surety authorized to do business in the State of Florida, payable to the
Department and conditioned for the prompt, faithful, and efficient performance of this Agreement
according to the terms and conditions hereof and within the time periods specified herein, and for the
prompt payment of all persons furnishing labor, materials, equipment, and supplies therefor.
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E CERTIFICATION.
With respect to any general liability insurance policy required pursuant to this Agreement, all such
policies shall be issued by companies licensed to do business in the State of Florida. The Vendor shall
provide to the Department certificates showing the required coverage to be in effectwith endorsements
showing the Department to be an additional insured prior to commencing any work under this Contract.
Policies that include Self Insured Retention (SIR) will not be accepted. The certificates and policies shall
provide that in the event of any material change in or cancellation of the policies reflecting the required
coverage, thirty days advance notice shall be given to the Department or as provided in accordance with
Florida law.
COMPLIANCE WITH LAWS
A The Vendor shall comply with Chapter 119, Florida Statutes. Specifically, the Vendor shall:
(1) Keep and maintain public records required by the Department to perform the service.
(2) Upon request from the Department's custodian of public records, provide the Department with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement term
and following completion of the Agreement if the Vendor does not transfer the records to the
Department.
(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in
possession of the Vendor or keep and maintain public records required by the Department to
perform the service. If the Vendor transfers all public records to the Department upon completion of
the Agreement, the Vendor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Vendor keeps and
maintains public records upon completion of the Agreement, the Vendor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
Department, upon request from the Department's custodian of public records, in a format that is
compatible with the information technology systems of the Department.
Failure by the Vendor to comply with Chapter 119, Florida Statutes, shall be grounds for immediate
unilateral cancellation of this Agreement by the Department.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Central Office
850-414-5355
COprcustodian@dot.state.fl.us
Office of the General Counsel
Florida Department of Transportation
605 Suwannee Street, MS 58
Tallahassee, Florida 32399-0458
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B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning
this Agreement or its subject matter or otherwise discuss or permit to be disclosed or discussed any
of the data or other information obtained or furnished in compliance with this Agreement, or any
particulars thereof, during the period of the Agreement, without first notifying the Department's
Contract Manager and securing prior written consent. The Vendor also agrees that it shall not publish,
copyright, or patent any of the data developed under this Agreement, it being understood that such
data or information are works made for hire and the property of the Department.
C. The Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work
or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex,
national origin, age, or disability in the performance of work under this Agreement.
D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the
services herein contracted, then Section 337.162, Florida Statutes, applies as follows:
(1) If the Department has knowledge or reason to believe that any person has violated the provisions
of state professional licensing laws or rules, it shall submit a complaint regarding the violations
to the Department of Business and Professional Regulation. The complaint shall be confidential.
(2) Any person who is employed by the Department and who is licensed by the Department of
Business and Professional Regulation and who, through the course of the person's
employment, has knowledge to believe that any person has violated the provisions of state
professional licensing laws or rules shall submit a complaint regarding the violations to the
Department of Business and Professional Regulation. Failure to submit a complaint about the
violations may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes,
and the state licensing law applicable to that licensee. The complaint shall be confidential.
(3) Any complaints submitted to the Department of Business and Professional
Regulation are confidential and exempt from Section 119.07(1), Florida Statutes,
pursuant to Chapter 455, Florida Statutes, and applicable state law.
E The Vendor covenants and agrees that it and its employees and agents shall be bound by the standards
of conduct provided in applicable law and applicable rules of the Board of Business and Professional
Regulation as they relate to work performed under this Agreement. The Vendor further covenants and
agrees that when a former state employee is employed by the Vendor, the Vendor shall require that
strict adherence by the former state employee to Sections 112.313 and 112.3185, Florida Statutes, is a
condition of employment for said former state employee. These statutes will by reference be made a part
of this Agreement as though set forth in full. The Vendor agrees to incorporate the provisions of this
paragraph in any subcontract into which it might enter with reference to the work performed pursuant to
this Agreement.
F. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids, proposals, or replies on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the
convicted vendorlist.
G. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with a public entity, and may not transact business with any public entity.
FL The Department shall consider the employment by any vendor of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this agreement.
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t The Vendor agrees to comply with the Title VI Nondiscrimination Contract Provisions, Appendices A and
E, available at http:/iwww.dot.state.fl.us/procurement/index.shtm, incorporated herein by reference and
made a part of this Agreement.
d Pursuant to Section 216.347, Florida Statutes, the vendor may not expend any State funds for the
purpose of lobbying the Legislature, the judicial branch, or a state agency.
K Any intellectual property developed as a result of this Agreement will belong to and be the sole property
of the State. This provision will survive the termination or expiration of the Agreement.
L The Vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts
the obligation to comply with s.20.055(5), Florida Statutes.
6. TERMINATION AND DEFAULT
A This Agreement may be canceled by the Department in whole or in part at any time the interest of the
Department requires such termination. The Department reserves the right to terminate or cancel this
Agreement in the event an assignment be made for the benefit of creditors.
B. If the Department determines that the performance of the Vendor is not satisfactory, the Department
shall have the option of (a) immediately terminating the Agreement, or (b) notifying the Vendor of the
deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the
Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed
appropriate by the Department.
C. If the Department requires termination of the Agreement for reasons other than unsatisfactory
performance of the Vendor, the Department shall notify the Vendor of such termination, with
instructions as to the effective date of termination or specify the stage of work at which the
Agreement is to beterminated.
D. If the Agreement is terminated before performance is completed, the Vendor shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed an amount which is the same percentage of the agreement price as the amount of work
satisfactorily completed is a percentage of the total work called for by this Agreement. All work in
progress shall become the property of the Department and shall be turned over promptly by the Vendor.
E A Vendor is ineligible to enter into a contract with the Department for goods or services of any amount
if, at the time of entering into such contract, the Vendor is on the Scrutinized Companies that Boycott
Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or
services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were
created pursuant to s. 215.473, Florida Statutes. If the Department determines the Vendor submitted a
false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate
the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department's
determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or
maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met.
ASSIGNMENT AND SUBCONTRACTS
A The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely
perform under this Agreement and may associate with it such subcontractors, for the purpose or its
services hereunder, without additional cost to the Department, other than those costs within the limits
and terms of this Agreement. The Vendor is fully responsible for satisfactory completion of all
subcontracted work. The Vendor, however, shall not sublet, assign, or transfer any work under this
Agreement to other than subcontractors specified in the proposal, bid, and/or Agreement without the
written consent of the Department.
B. Select the appropriate box:
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El The following provision is not applicable to this Agreement:
❑ The following provision is hereby incorporated in and made a part of this Agreement:
❑ It is expressly understood and agreed that any articles that are the subject of, or required to carry
out this Agreement shall be purchased from a nonprofit agency for the blind or for the severely
handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and
under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for
purposes of this Agreement the person, firm, or other business entity (Vendor) carrying out the
provisions of this Agreement shall be deemed to be substituted for the state agency (Department)
insofar as dealings with such qualified nonprofit agency are concerned. RESPECT of Florida
provides governmental agencies within the State of Florida with quality products and services
produced by persons with disabilities. Available pricing, products, and delivery schedules may be
obtained by contacting:
RESPECT
2475 Apalachee Pkwy
Tallahassee, Florida 32301-4946
Phone: (850)487-1471
❑ The following provision is hereby incorporated in and made a part of this Agreement:
It is expressly understood and agreed that any articles which are the subject of, or required to
carry out this Agreement shall be purchased from the corporation identified under Chapter 946,
Florida Statutes, in the same manner and under the procedures set forth in Sections 946.515(2)
and (4), Florida Statutes; and for purposes of this Agreement the person, firm, or other business
entity (Vendor) carrying out the provisions of this Agreement shall be deemed to be substituted for
this agency (Department) insofar as dealings with such corporation are concerned. The
"corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Available pricing, products, and delivery schedules may be obtained by contacting:
PRIDE Enterprises
12425 - 28th Street, North
St. Petersburg, FL 33716-1826 (800)643-8459
0 This Agreement involves the expenditure of federal funds and Section 946.515, Florida Statutes,
as noted above, does not apply. However, Appendix I is applicable to all parties and is hereof
made a part of this Agreement.
8. MISCELLANEOUS
A The Vendor and its employees, agents, representatives, or subcontractors are not employees of the
Department and are not entitled to the benefits of State of Florida employees. Except to the extent
expressly authorized herein, Vendor and its employees, agents, representatives, or subcontractors
are not agents of the Department or the State for any purpose or authority such as to bind or
represent the interests thereof, and shall not represent that it is an agent or that it is acting on the
behalf of the Department or the State. The Department shall not be bound by any unauthorized acts
or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees
to include this provision in all its subcontracts under this Agreement.
B. All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to
and include all genders.
C. This Agreement embodies the whole agreement of the parties. There are no promises, terms,
conditions, or obligations other than those contained herein, and this Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written, between the parties
hereto. The State of Florida terms and conditions, whether general or specific, shall take precedence
over and supersede any inconsistent or conflicting provision in any attached terms and conditions of
the Vendor.
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PROCUREMENT
OGC — 06/18
Page 9 of 10
D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is
by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the particular part, term, or provision
held to be invalid.
E This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
In any legal action related to this Agreement, instituted by either party, the Vendor hereby waives any
and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes,
relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and
rights it may have under any other statute, rule, or case law, including, but not limited to those
grounded on convenience. Any such legal action may be brought in the appropriate Court in the county
chosen by the Department and in the event that any such legal action is filed by the Vendor, the
Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the
Department filing a motion requesting the same.
G If this Agreement involves the purchase or maintenance of information technology as defined in Section
282.0041, Florida Statutes, the selected provisions of the attached Appendix II are made a part of this
Agreement.
H. If this Agreement is the result of a formal solicitation (Invitation to Bid, Request for Proposal or Invitation
to Negotiate), the Department of Management Services Forms PUR1000 and PUR1001, included in the
solicitation, are incorporated herein by reference and made a part of thisAgreement.
The Department may grant the Vendor's employees or subconsultants access to the Department's
secure networks as part of the project. In the event such employees' or subconsultants' participation in
the project is terminated or will be terminated, the Vendor shall notify the Department's project manager
no later than the employees' or subconsultants' separation date from participation in the project or
immediately upon the Vendor acquiring knowledge of such termination of employees' or subconsultants'
participation in the project, whichever occurs later.
J. Vendor/Contractor:
I. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the
state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the contract
term.
K Time is of the essence as to each and every obligation under thisAgreement.
L The following attachments are incorporated and made a part of this agreement:
Exhibit "A" Scope of Services
Exhibit "B" Method of Compensation
Exhibit "C" Price Proposal
Appendix I, Terms for Federal Aid Contracts
M. Other Provisions:
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PROCUREMENT
OGC-0611B
Page 10 of 10
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the
day, month and year set forth above.
STATE OF FLORIDA
Florida Airfield Maintenance, JV
DEPARTMENT OF TRANSPORTATION
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EXHIBIT "A"
SCOPE OF SERVICES
Statewide Airport Marking Program
Florida Department of Transportation Aviation Office
I. Objective
The Florida Department of Transportation (FDOT) Aviation Office (AO) desires to implement a comprehensive
Statewide Airport Marking Program (SAMP) to assist participating public -use airport facilities in Florida. Airfield
pavement markings are a major component of an airport's visual navigation infrastructure. Markings provide a
critical function: to serve as visual guidance for pilots, ground vehicles, and ground personnel to safely navigate
and operationally maneuver within an airfield.
The objective of this program is to provide a statewide airport marking program enabling airport sponsors to
procure competitively priced vendor airfield pavement marking services for paved airfield runways, taxi'Nays,
taxilanes, surface painted signs, andlor ramps/aprons by exceptionally qualified vendors with direct experience
with Federal Aviation Administration airfield pavement marking projects. This program provides airports with two
distinct and separate options:
1. Airport Pavement Marking Condition Assessment Services
and/or
2. Airport Pavement Marking and Related Services
It is important to note that this program is intended to save airports time in re -marking airfield pavements by
eliminating the need for typical contractor procurement processes. However, the airport sponsor remains solely
responsible for the engineering/surveying requirements associated with identifying the initial "starting point" for
the layout of the pavement markings. No engineering or surveying services are provided under this contract.
This means, for example, runway end points will not be verified for a runway marking project. Although the
vendor shall be responsible for complying with required spacing, line widths, tolerances, and similar
characteristics, any adjustments required in the "starting point" for the markings to be applied shall be
coordinated by the airport sponsor prior to , _ 2irfai,act , ,vqax i.Q -,,&,iplv ftir layout and
application.
This program does not directly fund the ' vendor
scope of services and there is no obligation rnd configuration of _ pavement markings. for airports
to use it. The purpose of the program is to provide a
statewide contracting mechanism with pre -negotiated rates to support airports in need of a pavement marking
condition assessment or procurement of qualified pavement marking contractor services.
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II. Overview
This Scope of Services describes the services to be performed in support of the SAMP. The SAMP, in general,
consists of the two services which can be completed in conjunction with each other or exclusive of each other:
1. Airport Pavement Marking Condition Assessment Services: these services utilize qualified and
certified professionals to evaluate existing airport pavement marking conditions, including marking
reflectivity, conditions, dimensions, etc., and to identify pavement marking replacement needs per
applicable federal, state, and industry standards. Airport pavement marking conditions are typically
evaluated based on three primary characteristics: visibility, durability, and compliance.
and/or
2. Airport Pavement Marking and Related Services: these services utilize qualified and certified
contractors with specific experience in installing airport pavement markings per applicable federal,
state, and industry standards to clean existing pavement markings, remove rubber, remove existing
mold/algae, reapply pavement markings, and/or similar services. Marking shall be installed in the
configuration of the existing markings, unless otherwise directed by the airport sponsor prior to the
field work.
The Airport Pavement Marking Condition Assessment Services are intended to provide airports with technical
support through qualified professional services. If performed in conjunction with Airport Pavement Marking and
Related Services, then the specific vendor team members performing the Airport Pavement Marking Condition
Assessment Services must be independent of the vendor team members performing the Airport Pavement
Marking and Related Services.
All services shall be performed by qualified and certified contractors with specific experience in installing airport
pavement markings in accordance with the documents referenced in Section III. In conjunction with the
vendor's completion of the requested services, an Independent Quality Assurance review (by a separate vendor
assigned by the FDOT AO under a separate contract) may be performed to independently check the quality and
accuracy of the vendor's work. Failure to meet applicable federal, state, or industry standards referenced in
Section III will necessitate corrective actions by the vendor prior to payment.
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III. Adherence to Federal, State, & Industry Standards
With the exception of the airport -provided reference point/line (i.e. "starting poinVIine") for the layout of
pavement markings, all vendor services shall comply with the standards contained in the following
documents:
• FAA Advisory Circular 150/5370-10H (or most current edition) Standards for 5gecifvincr Construction
of Airports
• FAA AC 150/5340-1 M (or most current edition) Standards for Airport Markings
• Innovative Pavement Research Foundation Report IPRF 01-G-002-05-1 Airfield Marking Handbook
• Florida Administrative Code Chapter 14-60 Airport Licensing. Registration, and Airspace Protection
The airport sponsor shall retain sole responsibility for locating accurate runway end points or other reference
points (or lines) to serve as the starting point for applying markings. From the given reference point identified by
the airport sponsor, the vendor shall be responsible for ensuring airfield pavement markings are in accordance
with the latest applicable standards. With the exception of the reference point for initiating the marking layout,
the vendor shall accept sole responsibility of ensuring all work performed under this contract complies with the
listed documents.
IV. Contractor Scope of Services
The following two services can be completed in conjunction with each other or exclusive of each other.
Part 1—Airport Pavement Marking Condition Assessment Services
For each Airport Pavement Marking Condition Assessment authorization under this program, the vendor shall
be required to schedule and attend a pre -project meeting to ensure project expectations are well coordinated.
The vendor shall also schedule and attend and a post -project meeting to ensure expectations were achieved.
The vendor must provide qualified and experienced personnel to perform Airport Pavement Marking Condition
Assessment services at the request of airport sponsors wishing to evaluate the condition of existing pavement
markings prior to development of a scope of services for Part 2 if desired. These assessment services must be
performed by qualified personnel with direct airport experience in:
• Performing objective pavement marking condition evaluations
• Determining pavement marking quantities
• Understanding pavement marking design and application
Vendor personnel should be able to demonstrate annual training and/or certification of personnel to confirm
adequate understanding of airport pavement markings. Vendor personnel should have at least ten (10) years of
airfield construction projects (with at least five projects in the last two years) or substantial experience installing
airfield pavement markings that are representative of airport size and NPIAS classifications for the Florida
Airport System.
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Vendor Team Role and Qualifications
Identify airport Registered Professional
pavement marking Engineer
Airport Pavement deficiencies and pavement -or-
Marking Condition replacement needs Marking
Assessment Services Expert/Consultant Demonstrated experience in
(determine quantity inairfield pavement marking
accordance with bid design, specifications, and
form) condition assessments
At the request and authorization of the participating airports, vendor personnel will perform an objective
pavement marking condition assessment and evaluation of the airport's airfield pavement marking assets.
The vendor shall provide a technical memorandum to the airport staff summarizing the following:
Airport pavement marking inventory, identifying limits of assessment
Airport Pavement Marking Condition Assessment report, identifying the condition of the existing
pavement markings {including reflectivity} per applicable standards
Recommended Airport Pavement Marking Repair Program, identifying the Scope of Services and
corresponding quantities in accordance with the items contained in Exhibit "C" Price Proposal and
defined below:
Condition Assessment of Number of Square Feet (SF) of existing
1 CA-100-1-1 Markings —Commercial Service Per SF airfield pavement markings to be evaluated
Airports
Condition Assessment of
z CA-100-1-2 Markings —General Aviation Per SF
Number of SF of existing airfield pavement
Airports
markings to be evaluated
There is no requirement for airport sponsors to request an Airport Pavement Marking Condition Assessment. If
one is not requested, then it is recommended that airport sponsors otherwise provide confirmation of quantities
and supporting documentation for the Airport Pavement Marking and Related Services to be performed in Part
2.
Part 2—Airport Pavement Marking and Related Services:
For each Airport Pavement Marking and Related Services authorization under this program, the vendor must
provide qualified and experienced personnel to perform the various services identified in Exhibit "C". Vendor
personnel submittal of a Contractor Experience Form, Experience in Pavement Markings (FOOT Form 850-070-
06) is required to be submitted with the bid proposal. Additionally vendors must have direct experience with
airport pavement marking projects and have successfully demonstrated successful execution of pavement
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marking construction in strict adherence to the FAA AC 150/5370-10 (latest edition) Standards for Specifying
Construction of Airports with specific understanding of the following items:
• Section 100 Contractor Quality Control Program
• Section 105 Mobilization
• Item P-101 Surface Preparation
• Item P-620 Runway and Taxiway Marking
Vendor Team Role and Qualifications
Process• . • • Qualifications
Member•^
Construct new Contractor with experience in the
pavement markings in placement of airfield pavement
Airport Pavement Pavement marking features in accordarce
Markin d general accordance with Markin
9 an150/5340-1 and g with FAA AC 150/5370-10 (current
Related Services 150/5370-10 (current Contractor edition)
editions)
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The vendor will provide individual and specific price proposals for each of the state's seven (7) FDOT
Districts to perform the specific pay items identified in Exhibit "C". Pay items identified and procured
through Exhibit "C" shall conform to the standards cited in Section 111. The pay items shall be defined and
measured as follows:
Item
Item Description
Unit
Method—
of Measurement
1
P-101-5-1
Rubber Removal
Per SF
Number of Square Feet (SF) in area
designated for rubber removal
2
P-101-5-2
Cleaning of Existing
Per SF
Number of SF in the area(s) designated for
Markings
rubber removal
Number of SF of Surface Preparation,
3
P-101-5-2
Surface Preparation
Per SF
excluding areas measured under Cleaning of
Existing Markings
4
P-101-5-3
Paint Removal (Grinding)
Per SF
Number of SF in the area(s) designated for
Paint Removal by Grinding
5
P-101-5-4
Paint Removal (Water
per SF
Number of SF in the area(s) designated for
blasting)
Paint Removal by water blasting
6
P-620-1-1
Runway/Taxiway Painting
Per SF
Number of SF of white paint applied (reflective
White
media measured and paid for separately)
7
P-620-1-2
RunwaylTaxiway Painting
Per SF
Number of SF of yellow paint applied
Yellow
(reflective media measured and paid for
8
P-620-1-3
RunwaylTaxiway Painting
Per SF
Number of SF of black paint applied (no
Black
reflective media)
9
P-620-1-4
Runway/Taxiway Painting
per SF
Number of SF of red paint applied (no
Red
reflective media)
10
P-620-1-5
Runway/Taxiway Painting
Per SF
Number of SF of green paint applied (no
Green
reflective media)
Runway/Taxiway Painting
Number of SF of temporary paint applied in a
11
P-620-1-6
Temporary, Primer Coat
Per SF
primer coat ( reflective media measured and
paid separately)
12
P-620-2-1
Reflective Media -- Type I
Per SF
Number of SF of Type I reflective media
applied to paint
13
P-620-2-2
Reflective Media — Type III
Per SF
Number of SF of Type III reflective media
applied to paint
14
P-620-3-1-1
Paint Enhancements —
Per SF
Number of SF of marking receiving the
Biocide Additive
enhancements
15
P-620-3-1-2
Paint Enhancements —
Per SF
Number of SF of marking receiving the
Rust Discoloration
enhancements
16
P-620-4-1
Surface Painted Signs -
Per SF
Number of SF of surface painted signs
Waterborne
17
P-620-4-2
Surface Painted Signs -
Per SF
Number of SF of surface painted signs
Preformed Thermoplastic
18
P-620-5-2
Nighttime Marking Work
Per SF
Number of SF of all pavement areas receiving
Required due to Airport
paint
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Upon summing the Part 2 costs from the pay items above, a Mobilization amount shall be added to the Part
2 costs for each District. This Mobilization Cost shall equal the product of the vendor -submitted Mobilization
percentage multiplied by the sum of the Part 2 costs.
19
S-105-1-1 Mobilization
%
his percentage of the Part 2 subtotal
shall be added to the Part 2 price
The vendor must provide a price proposal for each district that considers all geographical factors for accessing
publicly owned, public -use airport facilities. The FDOT Districts are defined as follows:
1
2
3
4
5
6
7
Southwest Florida
Northeast Florida
Charlotte, Collier, De Soto, Glades,
Hardee, Hendry, Highlands, Lee,
Manatee, Okeechobee, Polk, and
Sarasota
Alachua, Baker, Bradford, Clay,
Columbia, Dixie, Duval, Gilchrist,
Hamilton, Lafayette, Levy, Mac' son,
Nassau, Putnam, St. Johns,
Suwannee, Taylor, and Union
Bay, Calhoun, Escambia, Franklin,
Gadsden, Gulf, Holmes, Jackson,
Northwest Florida Jefferson, Leon, Liberty, Okaloosa,
Santa Rosa, Wakulla, Walton, and
Washington
Southeast Florida Broward, Indian River, Martin, Palm
Beach, and St. Lucie
Brevard, Flagler, Lake, Marion,
Central Florida Orange, Osceola, Seminole,
I Sumter, and Volusia
South Florida
West Central Florida
Miami -Dade and Monroe
Citrus, Hernando, Hillsborough,
Pasco, and Pinellas
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In addition, the vendor will provide with their proposal a copy of their unique internal Quality Control (QC) Plan.
The plan shall include a detailed QC checklist to be applied to every authorized project to monitor conformance
with the standards cited in Section III. The QC checklist shall document existing conditions, equipment used,
weather conditions, calibration efforts, thickness/coverage checks, reflectivity characteristics, and other features
of the project.
Upon submitting an estimate of the work to the airport sponsor and obtaining authorization to perform the
project, the vendor shall coordinate an anticipated work schedule with airport staff which considers operational
availability and limitations as identified by the airport. The vendor shall prepare and submit to the airport
sponsor and the FDOT AO (or the FDOT AO's designated Independent Quality Assurance [IQA] representative)
a proposed work schedule no less than 30 days prior to mobilizing to the site. The work schedule shall include
anticipated dates/times for a pre -project meeting, crew mobilization, airfield areas to be worked on, completion
of work, anticipated IQA field review, and post -project close-out meeting. The vendor shall also be required to
schedule and attend the pre -project meeting to ensure schedules and expectations are well coordinated.
Upon project completion, an Independent Quality Assurance review (by a separate IQA vendor assigned by the
FDOT AO under a separate contract) will be performed to independently confirm the quality and accuracy of the
vendor's work in accordance with the standards referenced in Section III. Failure to meet applicable federal,
state, or industry standards referenced in Section III will be documented as applicable and will necessitate
corrective actions by the vendor prior to payment. The QC checklist shall be completed by the vendor, certified
by a vendor representative as accurate, and provided as a deliverable to the airport sponsor for each authorized
project prior to payment.
The project work schedule is intended to schedule the IQA field review immediately upon completion such that
any deficiencies may be addressed by the vendor prior to demobilizing, subject to weather or other airport
operational limitations. In the event the vendor is unable to maintain the submitted work schedule, the IQA
review will be rescheduled based on the availability of the designated IQA representative.
Following the completion of the project and the application of corrective measures as applicable, the vendor
shall also schedule and attend and a post -project meeting with the airport sponsor and the IQA representative to
ensure expectations were achieved.
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V. Additional Considerations
The following conditions shall apply to this program:
• Proposals shall include an internal Quality Control (QC) plan unique for the vendor.
• Each vendor submitting a proposal shall include a separate pricing sheet for each of the seven (7)
individual Districts.
• No separate payment shall be made for pre -application (pre -project) and post -application (post -project)
meetings.
• No separate payment shall be made for internal Quality Control monitoring and deliverables.
• The vendor reserves the right to decline executing projects in which costs total less than $10,000.
• Work schedules may be submitted directly to the FDOT AO's designated Independent Quality
Assurance (IQA) representative upon FDOT AO concurrence. Work schedules are prior no less than 30
days prior to the anticipated start of work.
• It is understood that the vendor is not an engineer and is therefore not responsible for developing a
technical marking plan for the airport. As such, the vendor shall not be responsible for wholesale
changes in the existing marking configuration unless directed by and coordinated with the Airport
sponsor prior to beginning the project. However, the vendor shall be solely responsible for ensuring
proper line widths, spacing, radii, etc. within FAA tolerances for the existing marking configuration or as
otherwise provided by the airport prior to the work.
• The vendor shall be advised that each project will be subject to verification and acceptance by an
Independent Quality Assurance (IQA) representative designated and separately contracted by the MOT
AO.
• In addition to submitting a completed and certified internal Quality Control (QC) checklist, deficiencies
identified in the IQA review shall be corrected at no additional cost prior to receiving final payment.
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EXHIBIT "C" - PRICE PROPOSAL FORM
An individual price proposal form must be submitted for each of the seven (7) FDOT Districts. The
vendor is required to provide a unit price for each work item listed and a percentage for mobilization (e.g.
entered as "0.08" for 8.00 percent). Extended bid prices will be determined by multiplying the unit bid
price by the respective "assumed quantity" listed for each item.
The vendor shall be advised that the "Weighting Factor" in the price proposal form are for reference only.
These factors are only provided for purposes of evaluating bid proposals and the Department makes no
guarantee on the actual quantities to be awarded.
The mobilization percentage submitted shall be multiplied by the sum of the extended bid prices for fart
2 and the product shall be added to the sum of extended bid prices to determine the vendor's proposed
total.
An MS Excel file is provided as an attachment to this solicitation for vendor use in submitting their unique
bid for each of the seven (7) FDOT Districts. A sample of the spreadsheet is shown on the following
page.
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EXHIBIT "B"
METHOD OF COMPENSATION
I. Purpose
This Exhibit defines the limits and method of compensation to be made to the Vendor for
services set forth in Exhibit A and the method by which payments shall be made.
II. Assignment of Work
Vendor services shall be requested by the airport sponsor on an as -needed basis. Services to
be provided on each project will be initiated and completed as directed by the requesting facility's
Project Manager or Owner's Authorized Representative. A "Letter of Authorization" will be
issued for each project scheduled.
III. Compensation
There is no Budgetary Ceiling; funds will be encumbered for each Letter of Authorization. This is
a Term Contract for an Indefinite Quantity whereby the vendor agrees to furnish services during
a prescribed time -period. The specific time -period completes such a contract. The customer will
authorize services based on need and availability of budget. Execution of this Agreement does
not guarantee that the work will be authorized.
IV. Establishment of Letter of Authorization Amount
For each "Letter of Authorization" (LOA) and following the Scope of Services as set forth in
Exhibit "A", the Vendor shall prepare an estimate of work and price based on the rates
established in Exhibit "C". Once an acceptable Maximum Amount has been agreed upon by the
vendor and the airport sponsor, a "Letter of Authorization" shall be issued by the airport sponsor.
The airport sponsor shall obtain fund approval for each authorization by an approved
encumbrance prior to issuing the "Letter of Authorization."
V. Progress Payments
The vendor shall submit monthly invoices to the customer in a format acceptable to the airport
sponsor. For the satisfactory performance as determined by the independent quality assurance
for the services detailed in each "Letter of Authorization," the vendor shall be paid up to the
maximum amount of each authorization. Payment for services shall be made at the contract
rates in Exhibit "C" for the actual work performed, accepted, and measured in the field. The
contract rates shall include the costs of salaries, overhead, fringe benefits and operating margin.
VI. Details of Unit Rates
Details of unit rates for the performance of the Vendor's services set forth in Exhibit "A" are
contained in Exhibit "C", attached hereto and made a part hereof.
VII.Tangible Personal Property
This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter
273, F.S. inventory control label(s) to be affixed to all property. The Vendor will accommodate
physical inventories required by the Department.
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E) ORIGINAL
EXHIBIT C - PRICE PROPOSAL FORM
FOOT District: 1
1. Airport Pavement Marking Cand(flarr Assessrrnnt Services:
ICA-100-1.1
Condition Astimmenl of Markings- Commercial Service Airports
$
0.04
Der SF (Note 1)
no1S
6.00
�CA- 100-1-2
Condition Assessment of Markings - General Aviation Airports
S
0.06
per SF (Note 11
180
5
14.40
Pan i. S4.tar
5
22401
2. Airport Pmmarrt Marking and Related Services:
P-101 -5-1
ILQ.,i 011m,111-
Rubber Removes
S
0.01
Unit of Measure
per SF (Note 21
W611ninii Factor Extended
000 S
Bid Price
800
P-1015-2
Cleaning of Exisllng Markings
5
0.15
Per SF (Note 2)
400 S
60.00
P-101-5.3
Surface Preparation
S
0.01
per SF (Ne1e 21
400 $
4,00
P-101-5-4
Paint Remnval(Gnnding)
S
0,40
per SF(Nale 21
20 $
8.00
P-101-5-5
Paint Runixml(Widarhlastleg)
5
1.35
Der SF(NM 2)
20 $
27.00
P-020.1-1
Rumvayrroxkaay Paintng - White
S
0.27
per SF 114e1a 3)
30D S
81.00
P-620.1.2
Rurmay/TuWay Painting - Yellow
$
0.27
per SF (Notes 31
ISO $
48.60
P52).1.3
RtmwaylTexhray Painting - Black
S
0.30
per SF(ND1e 3)
150 S
45.00
P.M.1-4
RurwayrTaxW" Painting - Red
$
0.20
Der SF (Note 3)
10 $
2.00
P-820-15
Rurrnay(Twhvay Painting - Green
S
C.20
per SF(Note 3)
10 S
2.00
P4320.141
Rumvayfiaxhaay Painting- Temporary. Pnmer Coal
$
C-10
per SF(Note 3)
160 $
16.00
P412 -2.1
Rellective Media - Type 1
$
0.50
per SF (Note 4)
100 $
50.00
R620.2.2
Reflective Media -Tyne III
S
0.70
per SF(Note 4)
100 $
70-00
P-02031-1
Paint Enharommwrss - Blonde Addlvvo
$
0-10
per SP (Now 5)
160 5
16.00
P-620-3.1-2
Paint Enharrcertnents - Rust Discoloration Formuatfon
5
0.10
per SF (Nate 5)
30 $
3.00
P432"11
Surface Fabrted Signs - WAlurbome
S
C.T5
per SF (Nate 5)
30 $
22.50
P-620-4.2
Surface PairMed Suns - Preformed Thnrmcplastic
$
16.0(1
per SF (Nate 6)
1 $
16.00
P4=-52
Nighttime Marken Work Rarjured due to Airport Schedule
S
0.15
per SF f Nate 7)
200 $
30.00
5u5t.al: 5
509.10
j5-105.1-1
MoWzzUon
10A000%
Pemmx(Note 81
$
50.91
Not 2 subtotal: $
S60.01
Notes:
7 Fier SF of ad aristng m Avags to be evadated sum Part 1 a kart L 15 587.41
2 Per SF oraraas to be Wated per each method
3 Par SF of mw*4)gs appWd per m-%adore color
4- Per SF of mwksgs rece&IV reltecime media
A Par SF of markrgs meeting tyre enbancemeru
d Per SF of milace pahfed sqn
T. Per SF for sum d all areas receaftV paaa (does not consider wface treatment or rubber removal 9uanet es)
x MobWfiw shall be added to the o* t0 fha PAR 2 S1rDtofe! et the percanfag kKLckod an rise bid.
P. Price proposal hofudes compliance wkh FAA AC 150.15,370-10 (con a it adfion) arid AC IMW40-1 (current condition), except As noted.
102 of 360
1) ORIGINAL
EXHIBIT C - PRICE PROPOSAL FORM
FooTDistr(d: 2
1. Airport Pavement Marking Condition Assassmanl Servile";
^A-t00.1.1 Confton Assessment of Markings- Corrmerr'al SeMm Airports $ 0.04 par SF (Note 1) 2M 722,4,
mK;
I»4.t00-1-2 Condition Aosesmatt of Markims- General Avlaoon iurpots $ 0.W per SF(Note 1) tp0 $P.n I . s�b<ovl. 5
2. Alrport Pavarnant Ma&ing and Related Services:
IP-101,r�1
Rubber Removal
S
0.01
per SF (Note 2)
am
$ 8-00
P-i01.5.2
Cleamrg of E.istkg Markings
$
11.15
par SF (Note 2)
400
5 60.00
P-101-5-3
Sodom Preparation
S
0.01
per SF (Note 2)
400
S 4.00
PA01-&4
Pairs Romwal (GdrwouV)
5
0.40
per SF lNvfe 2)
20
S 8.00
P-1013.E
Paint Removal (Waterblasting)
S
1.35
par SF (Note 21
20
$ 27.00
P-620-1.1
Rur ay`TWAay Palrrtng-Wbft
5
0.27
pa SF (Note 3)
300
5 81.00
P-520•t-2
RurwIiyrraxixay Painting -Yak*
6
0.27
pw SF (Hole 31
180
S 48.60
P-$20.13
Runwoy/raxWov Paintim - Bmdr
$
0.30
Per SF (Note 3)
15D
$ 45A0
P-620-1-4
RurtvavfTa;t vrdy Paim rig -Red
S
0.20
per SF (Note 3)
10
$ 2.00
P-620-15
Ruxvaylraxhxey Painting -Groan
$
0.23
per SF (NOp 3)
10
S 2.00
P-620-1-6
RufivaylraitMey PaintiMg - 70nporary. Prinw Coal
S
0.10
per SF (Note 3)
100
$ 16.00
Pfi20.2.1
Reflecth a Media - Type I
$
0.50
per SF (Note 41
100
S 50,00
P-620.2-2
Retlectivo Media -Type III
$
0.70
par SF (We 4)
100
5 70.00
P-620-3-1-1
Palm EN1ancemutts - Sbdtle Add"
S
0.10
per SF (Note 5)
160
S 16.00
P420-3-1.2
Paint Enhano meots - Rust DismlooMon Formulation
$
0.10
Per SF (Note 5)
30
S 3,00
P-SZD-4-1
Sunoco Pointed Signs • Waterborne
S
0.75
par SF (Note 6)
30
$ 22.50
Pa20+2
Sumacs Paintea S,grs - Preforneit Themnoplastic
S
16.00
per SF (Nate 6)
1
$ 16.00
P-620-5-2
NVghl4me Marking W ork Required don 10 Alrpon Schedule
5
0.15
par SF (Note 7)
200
S 30.00
5vbtotal:
S W9.10
Is-lot-1
Mobiixation
10,0000%
Percent(Noto 6)
$ 50.91
P.rt r subtenlc
S SW 01
Notes:
t Per SF of 00 ax&bV Anot" to be evaufalad Sum P.M 1 s Part 1: S 592A I
2 Per SF of areas to Do lreafed Por each method
3 Par SF of mwkagS appfed par raspachve odor
4 Per SF 0f markings mftwv g mApto ve media
5 Pw SF of mwklrigs rot&WV fho onMwomanr
6 Por SF of esuhca pafeted son
7. Per SF far sum of all weaa reop"V pailf fdosa not consider surface iraafmaof w rubbof romoval gttaniftes)
s. Mobllmtion shay be added to the ody to Me Part 2 Subiotaf of the pwcenfage (egad in rho Did
9 Price proposal kictides complf9nce with FA4 AC 15aW70-10 (crmAl adltbri) and AC 15aW4& f (crxrent coMrbn), except ea rroled
103 of 360
EXHIBITC- PRICE PROPOSAL FORM
FDOT District: 3
1. Alrpert Premerrt Marking Condlllon Asi aurnant Services:
lCA-100-1-1 Condition Pagassmant of Marklrgs - CAmmeda! Settko Airports S 0.04 per SF (Nola 1) 200 $
CA-100.1.2 ConditionAssassmentofMarkings- GeneralAviationAirpprts 5 0.08 per Sir (Nola li I" S
Part 1 Subtotal, $
2. Airport Pavement Marking end Ralatod Services:
P-101$-1
Rubber Removal
S
0.01
Per SF (Nato 2)
800 S
P-101.8-2
C eankV of E.IaGng Markings
$
0.15
per SF (Note 21
400 S
P401.5.3
Swtwm Preparation
S
0.01
per $F (Nola 2)
I
400 S
P•101.64
Paint Removal (Grinding)
$
D.40
per SF fWa 2)
20 S
P-101.5-6
Paint Removal (Waierbksting)
5
1.35
per SF {Note 2)
20 f
P4120.1-1
Rtanvaylfaahmy Painting - Write
$
0.27
per SF (Nato 31
300 i
P4 20-1.2
RufwaylTa.hrey Pafntirg - Yollow
S
0.27
par SF (Now 3)
ISO i
P-820.1J
RtvmmynaktrreyPaintng-&ar}t
S
0.30
pwSFINos3)
760 5
,P4520.1.4
Rts+rmyff.lvM yFulnsng-Red
5
0.20
per SF INo1e 3)
10 i
,P420.13
Ruriweylrfixp ey Pair" -Crean
$
0-m
per SF (Nola 3)
10 � S
P-620.1-6
Rurr iyfTmxt ay Paw"- Temporary, PMW Coat
S
0.10
par $F(Note 3)
150 S
P420-2.1
Re1oom Media - Type I
S
040
Def SF (Now 4)
100 $
P-620.2.2
Reflix, eMedia-Type 111
5
0.70
per SF (Note 4)
100 $
Pfi2O-3.1.1
Paint Enhanootn"- Biocide Additivo
$
010
per Sir(Note 6)
100 $
P-0211.3.1.2
Pain( Enhsncernents- Rust 0(acoioration Formulation
E
0.10
per SF (Note S)
30 $
P-62D 4-1
Surface Painted Signs - Waterpptm
$
0.7S
Per Sr (NPIo 6)
30 S
P-620-4-2
Surface Painted Stria. - Preformed Thi:rtnoplastic
S
16.00
per SF (We 6)
1 c
P-620.62
Nighttime Marking Work Retialfeddue 10 ArpoM SUredule
$
0.15
per SF (Noe 7)
200 $
wb"I: $
1&105-1-1
MoblWbon
ID.0000%
Percent (Moto 81
S
Pan2sabwtak 5
Notes:
1. Pw SF of ag a.Wkg markkltgs to be evaulaled
sum Part 1 a Pan 2: $
2. Par SF of areas to bo boalod per each maned
3. Par SF of fnarl by4 applied per ravech a cow
4 Per SF of markkga recOAV fa8aclfve media
5 Per SF of markkrgs race&" die enhancwwo
8. Pw SF of eudace pakWad atgn
7. Par SF f9ir sum 0f ON Areas twWi knp paknt (does not canker surface "aimanf or rubber remwat Wanifts)
8. MobVmtk? 360 be added la dw wily to the Par[ 2 Sublofa) at the pwconlage k1c&ated
In the tut.
H. Pfkv propcaetincludes Pam#iance with FAA AC ISWM70-10 (rsvront
edffko it and AC 1=340-1 fcv
ur i Pondrk ). easapf as noted.
E) ORIGINAL
8,00
14.40
2740
8.00
6000
400
9.00
27.00
81A0
45.50
45.00
2 0C
200
16.00
50.00
70.00
10,00
3-00
22.50
16.00
30.00
50910
50.91
$60 0I
581.431
104 of 360
E) ORIGINAL
EXHIBIT C - PRICE PROPOSAL FORM
FOOT o lstrlct: 4 -1
1. Airpen Paven m Marking Condition Assessment Services:
CA 1041-1
GcMitim Assessment of Markng}- Canngn�al Servlro Airports
5
OA4
par SF (Note 1)
200
$
g.001
CA-10O-t-2
Congitbn A"088if tit Of Markings- General Aviation Airports
5
0,08
per SF (Note l)
10,
$
1a.40[
Parr 1 . S..t:-r.
2. Airport Pavement Maddrig and iAlated Swicas:
P401�1
FUtbar Rartimt
S
0.01
per Sr (Nato 2)
Wit $
8.00
0.t01-S2
COeaning of F sting Marking5
S
GA5
par SF (Note 2)
400 5
60.00
P-101-5-3
Surface Preparation
S
0.01
per SF (None 21
400 $
4.00
P-101y-4
Palrq Rernwat(Grindingl
$
0.40
per SF (HMO 2)
20 5
B.00
P-101-&5
Pahl Ranwal (W aterblasting)
$
1.35
par SF (Nato 2)
20 5
27.00
P4120-1-1
Runwayltamay Paining - Whim
S
0.27
per SF (Note 3)
300 S
81.00
P420-1-2
Rwvm yfra way Peintlng-Yellow
S
0.27
par Sle(Note 5)
180 S
48.60
P-620-13
fLanray7ruMW PalnCrig -13leck
$
0.30
pat SF(Note 3)
150 5
45.00
[P-82o-i-4
%rmay7raitmay Painting - Red
5
0.20
per SF (Nola 3)
10 S
2.00
R-620.1-5
Rurm,sYTTaitiwayPairtnii-Green
$
0,20
pwSF(No*3)
10 5
200
P-620-1-5
Rurmaytla Kvay Paining- Tern porary, Priam Coat
$
0.10
per SF (Note 3)
160 $
1600
IP-620-2.1
ReBacliva Media - Type )
S
0.50
Per SF (Note 4)
100 $
50.00
[P.520.2.2
Roffecdi Media -Type III
$
0.70
per SF (Now 4)
100 $
70,CC
P-520.3.1.1
Paint Enhancements - abcide Additive
S
0.10
Per SF (Note 5)
160 S
16.00�
P-620-3-1-2
Paint Eahancartlenls- Rust Ofscobratlon Formulatron
S
0.10
par SF(Note 6}
30 S
3.00
P-620+1
Surface Painted Signs - Waterborne
S
0.75
per SF (Note 6)
30 5
22.50
P-620-42
Sw%cjs Painted Sigh • Preformed Trwrroplestic
$
16A0
parSF INote 6y
1 S
16.00
0.620-52
Nkghtdme Marking Work Requirad di* to AkW Schedule
$
0.15
per SF (Note 7)
200 s
311.110
Subtotal: $
509.10
I&IBS-1.1
Modlualion
10.0000%
Percint(Note 8)
S
50-91
Prrt 2 Subwt l: $
560.01
Notes:
1 Per Sr of al erhfN markiW to be amdarad
sum Part 1 a Part 2: $
581.di
2 Aw SF offenses to be treated per each method
3 Per SF of mars aAp1Wjsay ra3pm" cotpr
4 Per SF of hrarknga recilWV roSodke media
5. Par SF of merkirgs raceirbg the wNricament
G Par SF of iwldaoe pointed s)gn
7. Apr SF for win of as areas mc*"V psklt (does not Consider swtaco troetmant or ruMw everio M Quamsttea)
8. Arpbfilagbp Shea be added to Me"to the Parr 2 SublWal at Me porcantaga krdkared
in rho bid.
A Price proposal kk*k*a compliance with FA4 AC 15016370.10 (o Trent edaion) and AC IOW5340.1(ttmsnt conddbn), orcapr as noted.
105 of 360
EXHIBIT C - PRICE PROPOSAL FORM
FOOT District: 5
I. Airport Pavernent Marking Condition Asasssment Service:
CA.100-1-1 Condition A5sos5m9lSt of Mwkinpa- Cmffwdel Servka Airports S 0.04 per SF (Note 1) 2001 S
CA-100.1-2 Condition Assessment of Markings- General Aviation Airports $ 0.08 per SF[Note 1) Se0 S
part i • subteen $
2. Airport Pavanens Marking and Related Smlces:
IP-101.51
Robber Removal
S
0.01
per SF (Nola 2)
am $
P•101-5-2
Cleaning of Existing Markings
$
0.15
per $F (Note 2)
4100 S
P-101.5.3
Surfer. Preparation
S
0.01
per SF (Nose 2)
400 $
P-10144
Paint Removal (Grinding)
S
0.40
per SF (Note 2)
20 S
P-1015d
Palest Rarnoval(Waanblacang)
$
L35
per SF(Note 2)
20 5
P-020.1.1
RumwayfTaxivay Painting - White
$
027
per SF (Nolo 3)
300 $
P-620-1-2
Runwwy/Taxlway Falling - Yellow
S
0,27
per SF (NOW 3)
180 S
P-520-13
RurnsylTaxhray Painting -01ack
S
0.30
per 5F(Note 3)
ISO i
IP-620.1-4
Runwayrrarlway Feinting - Rod
$
0.20
per SF (Nola 3)
10 S
P-620.1-5
Rurrivayf4axtwey Palrting - Green
5
0.20
per SF (Node 3)
10 $
P-020-1A
RurvayfTaxfway Palnung- Temporary, Par Coat
$
0.10
par 5F(Note 3)
ISO �S
P-ili20-2.1
RallatliveMade - Type)
S
0.50
WSF(Note 4)
100f S
P-620.2.2
Reflective Media - Type III
S
0.70
par 5F (Note 4)
1001 S
P$$0-3-1.1
Paint Enhenc is - Wockle Additive
5
0.10
per 5F (Note 5)
lw I S
P-620-3-13
Point Cnhancamenla - Rust 01scoloradon Formutatlon
5
0.10
per SF (Nate 5)
301 5
P-6204-1
Surface Pointed S" - WelerbOme
5
0.75
per SF (Nora 8)
30 + S
P-UO-4-2
Surface Pointed Signs - Preformed Ttrrmoptasbc
S
16.00
per SF (Note 6)
1 � $
P-620.5.2
No"]" Marking Work Required due to Arport Schedule
S
0.15
per SF (Note T)
200 S
Setrmnl: � 5
�ADS-1-1
MnMl7ation
10.0000%
Percent fNote 8)
$
Part 25.brt .: $
Notes:
1. Per SF of aA exk ng ma k*Vs fp be evauiafod
Sum Pan 1 A Part 2: S
2 Aw V d areas to be &aatad Aar each mafhod
A Fair SF of markalgs #ALd*d pe, respoblivo cola
4. Fyn SF of Markitg] reca" faftdtre medal
S Par Sr of nwkirgs mcaAdng The aMancemenl
a Per SF or aaAaca partied sign
7 Per.SF for sue ofas Maas neceivng pairs( (dons naf consider auf&w eeblmoM or rubber removal quanupas)
8 MUbMWAOrt "be added fo the dMy to Ulo Part 2 Subfoial ai fire percentage aidrafed
n the bd
A PlIbir proposal hcArdea compli6nCA wan FAA AC 150r5371}10 (Caront
ad4inn) end AC 1501n40b
r (ttrrenf
inriddun), except as noted
E) ORIGINAL
ll 0w
14.40
22.40
8A0
60.00
d,00
a,ou
27.00
81.00
4860
45.00
200
2.00
16.00
50.00
7000
1600
3.00
22.50
16,00
30.00
50.10
50.St
56001
SB2 41'
106 of 360
EXHIBIT C - PRICE PROPOSAL FORM
FOOT olstritt: 6
1. Airport Paverniont Marking Condition Ass m nt Services:
ICA-10&1-1 Conditi An :ssrx&Ol of Markings- Commercial Service Airports $ 0.04 per SF (Note 1) 11" i
CA- 1DO- 1-2 Condition Assessment of MarklnOs- General Aviation Alrpons 5 0.05 per SF (Note 1) tn7 5
vent 1- Sublot.i: 5
2, Airport P"InOent Marklno and Related Services:
IP-101-5.1
Rubber Removal
S
0.01
per SF (Note 2)
No $
IP-107-5-2
CSeaning of Existing Marlurgs
6
0.15
per SF (NOW 2)
400 %
1P•10183
Surlara PreparaW
S
0.01
Aar SF (Note 2)
400 5
JP-1015.4
Paint Aemml (Gr ndlhg)
S
0.40
per SF (Note 2)
20 S
P•101-"
Paint Removal (Waterb"Ing)
S
1.35
Per SF ("a 2)
20 S
P-020-1-1
Runvayrraxhvay Palnilng -W"o
$
027
per SF(Note 3)
700 S
P-420.1-2
FA nway((axi ay Painting - Yellow
$
0.27
per SF (Note 3)
1601 S
P-520.13
Runweyrraxiway Painting - Black
$
0.30
per SF (Note 3)
150I $
P-520.1.4
Rurnraylfax[way Painting - Red
S
0.20
per SF (Note 3)
10 $
P420-1-5
Rurmeyrro-way PainliiV-Green
S
0.20
par SF (Nola 3)
10 � $
P-620-"
RumvayAroxrwey Painting -Temporary. Primer Cost
f
0.10
per SF (Note 3)
160 S
P-620.2.1
RepecMm Media - Type 1
S
0.50
par SF (Note 4)
100 S
P420.2.2
Rallagive Media -Type NI
a
0.70
per&F (Hots 4)
100 5
IP420-3-1-1
Paint Enrgrrannets-Blppde A44.tive
$
0.10
per SF(Note 5)
1e0 S
I P420.3.1-2
Palm E-harrnments - Rust DisrnbmWn Formulation
$
0.10
par SF (NOW 5)
30 3
P420.4.1
Surface P&Irtlad S:gra • Watorbor:re
$
0.73
per SF (Note 8)
30 S
IP-6204-2
Surface Painted S'grn • Pmfomrad Tbeim olaatk
S
1Q00
per SF (Note 6)
1 6
JR420-5-2
Nighttime Marking Work Requireo due 10 Airport Schedule
$
0.15
per SF (Nola 7}
200 � S
s "DiulE S
IS-195-1-1
Mobilization
10.0000%
Permd (Note 61
S
v.tiitr6ar4eh 3
Ntrtes:
I. Per SF of no arirfrg _w*i gv In be evauiefed
Stan hrt 1 k hR S
2. Per SF d aroaa fo be pealed pw each mthod
3. Per SFdmarkkgsapp(wdpW nsWclwO Color
4 Per SP dmwkrW nceArwg MflMko media
5 Per SF d merfdrge nisi ertf fne srdrancrrynt
& Per SF of *A*" pawwvd sign
7, Rr SF for aenr of of areas revs V paint (does 00f Cansiasv &xfaw tnatmont or rubber eenweal frvanllws)
8. Mobkmbon shag be addad to the only to Me Pert 2 Suytotal of fhb perw ilagb ktaiwod
n fhO bid.
g Rxa proposal rud des =npflance with FAA AC 150r5370-10 (arrvnf
adficc) and AC f5aW4&1(current
concur v;j, pxcept as noted
1100
.40
3240
e.00
60,00
4,00
B.00
77.00
S1.f10
46.60
45-00
2.00
2.00
16.00
50 00
70.00
16.00
3,00
22,50
15.00
30,00
sm9 lu
50.91
107 of 360
L) ORIGINAL
EXHIBIT C - PRICE PROPOSAL FORM
FDOT District: 7
I. Airport Pavernenl Marking Condition Assessmenl Services:
CA-1DD-1-1 Cordilion Assessrnem of Markings- Commercial Saroce Airports S 0.04 per SF {Note 11 2C0 5 8.00
MCA-10O-1.2 Condition Assessment ofMark'ings- C,aneial AWathDn AlrpORS $ 0.08 per SF(Nate 11 7B0 5 14. 00
Pan 1-subtmal: $ 2240
2. Airpprt Pavement Marking and Related Samlces:
P-101.6.1
Rubber Remwal
S
0.01
par SF (Note 2)
800 $
SAO
P-101J' 4
Clearaing of F 40N Markings
$
0.15
per SF (" 21
400 S
60.00
P-101S3
Surface Preparation
S
0.01
per SF (Note 2)
400 $
4.00
P-10134
Paint Removal (Grinding)
$
0.40
per SF (Note 2)
20 S
&00
P•101.&6
Paint Rerrovel(Waterbisslkg)
IF
1M
per SF(Note 2)
20 5
27.00
P-620-1.1
Rurarap7axvray Painting -WNIe
S
0.27
pK SF(Note 3)
300 5
81Ag
P-620-1-2
Runwayrraxirvay Painting-Yefl w
S
0.27
per SF (Note 3)
180I $
48.60
PrIM.1.3
Runvrayrraxrrry PsirWng-Swck
S
030
par SF(Nole 3)
1501 $
45.01)
P420.1.4
PAOY^ ylToxnray Pak*V - Red
5
0.20
par SF (Nou 3)
10
S
2A0
P-620-1.5
Rumvayffalxl ay Painting -Gnsen
5
0.2D
per SF(Note 3)
1C
I 5
2.00
9`420.1-6
Rurwayf taxWay Painting - Te romry, Primer Coat
S
0.10
per SF (Note 3)
150
$
16.00
P4120-24
Renwnn Media -Type 1
5
0.50
par SF (Nate 4)
100
15
5o=
p421,.2.2
Runactive Media -Type III
S
0.70
par SF (Note 4)
100
s
7000
P-620.3.1-1
Paint Enharncements - Siocido Additya
$
0.10
par SF (Note 5)
160
I $
16A0
[P-020.3.1.2
Paint Enhancements - Rust Discoloration FonmuWon
5
0.10
par SF (Note S)
301 $
3.00
IP-02G4-1
Surface Painted Signs - Waterbom
S
0,75
per SF (Note 6)
30
$
22.50
�P4RD4-2
Surface Palmed53grn- Preformed Thetmopla5tc
$
16.00
per SF(Note6)
1I
S
16.00
P4205.2
NEgMllme Marklpg Wok Required due to Alnpon Scheduo
S
0.15
per SF (Note T)
200
$
30.00
subtatat:
$
5M.10
IS-105-1.1
MoWanlia
10.0000%
Percent (Note e)
{ S
50.91
Pan 2 Sebtetal: 1 5
S60.01.
Notes:
1 Per SF of a9 exWkq nlsrkrags r0 be evKwed sum Pan 1 a Pan 2: IS U241 1
2 Par SF M areas to be trvatod per each matnoa
3. Per SF of rnakings appfad Per nsudli v Ombr
4 Per SF offs& : s rwevV re4eoflw mods
S Par SF of nerkMs receykg ttne eohancsmenl
A Per SF of suface panfed sign
7. Par SF for sum of ak areas reoM-kV palm fdoea not consbar estate 4realmerd or ruboer removal puanl4les)
It. Mobilization sha0 be added to am D* to the PNf 2 Sub Maf at foe percentage ind5cal&d rr the bd
8 FI ice PWOWAr iu0ea compliance *0 FAA AC I&M74f0 (Cu'ronl pd4KM) arrd AC I5aW40.1 {dyrenf con iton), 0rcept as moles
108 of 360
DocuSign Envelope ID: C3E9377C-BDBE-4518-ACOA4CO653B5B974
375-04040
PROCUREMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 0wo
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX 1): Pago1of 3
CONTRACT (Purchase Order) # BEA97
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor") agrees as follows:
A. It is understood and agreed that all rights of the Florida Department ofrelating to inspection,
review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and
cost records relating to this Agreement shall also be reserved and held by authorized representatives of the
United States of America.
B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any
nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the
approval of U.S. Department of Transportation (hereinafter "USDOT"), not withstanding anything to the
contrary in this Agreement.
C. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination
in Federally -assisted programs of the USDOT, Title 49, Code of Federal Regulations, Part 21, as they may
be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
D. Nondiscrimination: The Contractor, with regard to the work performed during the Agreement, shall not
discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the
selection and retention of subcontractors, including procurements of materials and leases of equipment.
The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations
made by the Contractor, either by competitive bidding or negotiation for work to be performed under a
subcontract, including procurements of materials or leases of equipment; each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the
Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability,
religion or family status.
F. Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information required of a Contractor
is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall
so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
G. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Agreement, the Florida Department of Transportation shall impose such contract sanctions
as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not
limited to:
a. withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or
b. cancellation, termination or suspension of the Agreement, in whole or in part.
H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (1) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to
any subcontract or procurement as the Florida Department of Transportation, the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor
Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the Contractor may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department of
Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to
109 of 360
DocuSign Envelope ID: C3E9377C-BDBE4518-ACOA4CO653B5B974
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX 1):
protect the interests of the United States.
Compliance with Nondiscrimination Statutes an
U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
and 49 CFR Part 21; The Uniform Relocation
1970, (42 U.S.C. § 4601), (prohibits unfair tre
acquired because of Federal or Federal -aid programs
U.S.C. § 324 et seq.), (prohibits discrimination on the
1973, (29 U.S.C. § 794 et seq.), as amended, (proh
CFR Part 27; The Age Discrimination Act of 1975,
discrimination on the basis of age); Airport and Airw
47123), as amended, (prohibits discrimination based
Rights Restoration Act of 1987, (PL 100-209), (Broad
of the Civil Rights Act of 1964, The Age Discriminati
Act of 1973, by expanding the definition of the terms
or activities of the Federal -aid recipients, sub-reci
activities are Federally funded or not); Titles II and III
discrimination on the basis of disability in the operati
systems, places of public accommodation, and cert
implemented by USDOT regulations at 49 C.F.R. pa
Assistance an
atment of perso
375.04040
PROCUREMENT
08no
Page 2 of 3
d Authorities: Title VI of the Civil Rights Act of 1964 (42
discrimination on the basis of race, color, national origin);
Real Property Acquisition Policies Act of
d
ns displaced or whose property has been
and projects); Federal -Aid Highway Act of 1973, (23
basis of sex); Section 504 of the Rehabilitation Act of
ibits discrimination on the basis of disability); and 49
as amended, (42 U.S.C. § 6101 et seq.), (prohibits
ay Improvement Act of 1982, (49 USC § 471, Section
on race, creed, color, national origin, or sex); The Civil
ened the scope, coverage and applicability of Title VI
on Act of 1975 and Section 504 of the Rehabilitation
"programs or activities" to include all of the programs
pients and contractors, whether such programs or
of the Americans with Disabilities Act, which prohibit
on of public entities, public and private transportation
ain testing entities (42 U.S.C. §§ 12131 -- 12189) as
rts 37 and 38; The Federal Aviation Administration's
Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national
origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations
by discouraging programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations; Executive Order 13166, Improving Access
to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance
with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended,
which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq).
J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefit arising therefrom.
K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during
his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions
of States; and public corporations, boards, and commissions established under the laws of any State.
L. Participation by Disadvantaged Business Enterprises ("DBE"): The Contractor shall agree to abide by the
following statement from 49 CFR 26.13(b). The statement that fobNs shall be included in all subsequent
agreements between the Contractor and any sub -contractor or contractor:
"The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as the recipient deems appropriate."
Pursuant to 49 CFR 26.11(c) , the Contractor shall submit the bid opportunity list at the time of
contract execution, and shall enter DBE commitment and pa ment information in the Florida
Department of Transportation's Equal Opportunity Compliance (EOC) system. The Contractor shall
request access to the EOC system using Form No. 275-021-30.
M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to
any facts related to the projects) described in this Agreement is a violation of the Federal Law. Accordingly,
United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this
Agreement.
It is understood and agreed that if the Contractor at any time learns that the certification it provided the
Florida Department of Transportation in compliance with 49 CFR, Section 26.51, was erroneous when
submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide
immediate written notice to the Florida Department of Transportation. It is further agreed that the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all
lower tier covered transactions and in all aforementioned federal regulation.
110 of 360
DocuSign Envelope ID: C3E9377C-BDBEA518-ACOA-4CO65385B974
375-040-40
PROCUREMENT
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 0ano
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX 1): Page 3ef 3
O. The Florida Department of Transportation hereby certifies that neither the Contractor nor the
Contractor's representative has been required by the Florida Department of Transportation, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement,
to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind;
The Fb ida Department of Transportation further acknowledges that this Agreement will be furnished to a
federal agency, in connection with this Agreement involving participation of Federal -Aid funds, and is subject
to applicable State and Federal Laws, both criminal and civil.
P. The Contractor hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person to solicit or secure this contract (except a bona fide employee or Agency); or
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person any fee contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out the contract (except a
bona fide employee or Agency).
The Contractor further acknowledges that this Agreement will be furnished to the Florida Department of
Transportation and a federal agency in connection with this contract involving participation of Federal -Aid
funds, and is subject to applicable State and Federal Laws, both criminal and civil.
Q. Federal -aid projects for highway construction shall comply with the Buy America provisions of 23 CFR
635.410, as amended (where applicable).
R. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally
assisted construction contract' in 41 CFR Part 60-1.3 shall comply with the eqqual opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment
Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp. p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor" (where applicable).
111 of 360
,-M,f
5EBAS-T,V
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Agenda Item Title: Consider Supervisor Swan's request to hold the elections in the
Community Center for the following dates:
November 7, 2023 — City of Sebastian Election
March 19, 2024 — Presidential Preference Primary Election
August 20, 2024 — Primary Election
November 5, 2024 — General Election
Background: Supervisor Swan appreciates the use of the Community Center as an
additional polling location for Sebastian residents. Having multiple
locations helps to disperse the large number of voters anticipated for
the Presidential Election.
Recommendation: Approve the use of the Community Center in accordance with
Supervisor's Swan's request.
Attachments: Agreement
Administrative Services Department
City Attorney Review:
Procurement Division Reviey/, if applicab NIA
City Manager er Authorization:
Date: //-�-*/"3
112 of 360
Precinct(s) # 5/6
AGREE M ENT for 2023 - 2024
Re: Use of Facilities as Polling Place
THIS AGREEMENT, made this 24t' day of January 2023, by and between the INDIAN RIVER
COUNTY SUPERVISOR OF ELECTIONS (Hereafter SUPERVISOR), and
Sebastian Community Center (Hereafter PROVIDER),
W/TNESSETH:
WHEREAS, polling in Indian River County has traditionally been held in places such as churches,
community centers, and civic organization buildings; and
WHEREAS, orderly administration dictates that a contract for the use of these facilities be entered
into between the SUPERVISOR and the PROVIDER;
NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable
consideration, the receipt of which is hereby acknowledged, SUPERVISOR and PROVIDER agree as
follows:
1. PROVIDER shall allow the SUPERVISOR the use of its facilities as a polling place for the election(s) to
be held on:
November 7, 2023 - Municipal Election
March 19, 2024 - Presidential Preference Primary Election
Arfust 20, 2024 - Primary Election
November 5, 2024 - General Election
AnySpedal Elections
2. PROVIDER shall allow the SUPERVISOR access to the facilities for the placement and removal of voting
equipment and other related equipment beginning one week before and ending one week after each
election. The Supervisor of Elections shall have access to the location for set up on the Monday
prior to the election and sole occupancy on the day of the election from 6:00 a.m. until the Election
Board has completed all procedures.
3. SUPERVISOR shall pay the PROVIDER for the use of said facilities the sum of $ 0.00
4. SUPERVISOR will accept the facility as is. If modifications are requested by the SUPERVISOR,
excluding ADA compliance and safety measures, the SUPERVISOR shall reimburse the
PROVIDER for all modifications.
5. SUPERVISOR shall cause to be issued general liability insurance in the amount $200,000/ $300,000
covering "all elections at all polling places that are held during the above -described period."
HOLD HARMLESS COVENANT: To the extent allowed by law, each party shall indemnify and hold the
other harmless from all claims brought during the term of this Agreement by third parties, including
reasonable attorneys' fees, court costs and expenses, which may arise out of or be attributed to the
negligence of the indemnitor's employees in the performance of any of the covenants, agreements,
terms, or conditions to be performed or complied with under this Agreement. Neither party's liability to
the other shall include punitive damages or interest for the period before judgment. Nothing contained
herein shall be construed as a waiver of any immunity from, or limitation of, liability either party has under
113 of 360
the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. Additionally, neither party shall
be liable pursuant to this indemnity to pay a claim or a judgment by any one person or any claim or
judgment, or portions thereof, which when totaled with all other claims or judgments paid arising out of
the same incident or occurrence, which exceeds the limits of liability as set for the in Section 768.28(5)
Florida Statutes, provided, that the payment of said claim(s) shall be further limited to the actual amount
of insurance proceeds paid for such claim(s) covered by this indemnification. This indemnity specifically
excludes any requirement for one party to indemnify the other party for the other party's negligence or
to assume any liability for the other party's negligence as provided in Section 768.28(19) Florida Statutes.
IN WITNESS WHEREOF, SUPERVISOR and PROVIDER have entered into this agreement on the
first date above written.
PROVIDER:
By
INDIAN RIVER COUNTY, FLORIDA
SUPERVISOR OF ELECTIONS
114 of 360
ary a
ESASTLA
S_
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: February 8, 2023
AI`enda Item Title: Replacement Purchase with 2023 GMC 1500 Work Truck
Recommendation: This is a Piggyback Purchase of one -(I) 2023 GMC Sierra 1500 Work Truck
from Alan Jay Fleet Sales (National Auto Fleet Group) under the Sourcewell
Contract # 091521-NAF lAW Section 1.210.(c)(2).
Backeround: This recommended piggy -back purchase is for the replacement of one -(I) 2001
Chevrolet 1500 work truck currently being used in the Stormwater Division. The aforementioned truck
currently has in excess of 130,000 miles and will be auctioned once the new truck has been delivered. IAW
Section 1.210 (c)(2) "the purchasing officer shall have the authority to utilize contracts or master agreements
of state, federal or other local governments or other public entities to procure goods and services, if the
contract or agreement has been awarded through procedures substantially equivalent to the requirements of
this section". The Sourcewell Contract meets this standard. Attached with this transmittal are the vendor
quote and the Sourcewell Contract documents for your review and consideration.
If AEenda Item Reauires Exuenditure of Funds:
Budgeted Amount: $36,000.00
Total Cost: $35,406.00
Fund to Be Utilized for Appropriation: Stormwater Budget
Attachments:
1. Alan Jay Fleet Sales Quote
2. Sourcewell Contract #091521-NAF
3. Alan Jay Fleet Sales Contract Page
4. City Code Section 1.210 (c)(2)
Administrative Services
City Attorney Review:
Procurement Division Review, if
City Manager Authorization:
Date: r� / / /.2 z
Review: 1 M1
J
4 cable-
C
115 of 360
f / O/F 4� '� Sourcewell
Call Us first, for all of your Fleet Automotive, & Light Truck needs. Quote
PHONE (800) ALANJAY (252-6529) DIRECT 863.402-4234 'WWW.ALANJAY.COM 43359-1
Corporate 2003 U.S. 27 South MOBILE 863-991-4693 Mailing P.O. BOX 9200
Office Sebring, FL 33870 FAX 863-402-4221 Address Sebring, FL 33871-9200
ORIGINAL I 1712023 ATE QUICK QUOTE SHEET REVISED 117 202E DATE
REQUESTING AGENCY SEBASTIAN, CITY OF
CONTACT PERSON ALAN CLARKE EMAIL TClarkercilcitvofsebastlan.ora
PHONE 772-589-1295 - MOBILE 772-321.1235 FAX 772-589-5570 —
SOURCEWELL (FORMERLY NJPA) CONTRACT # 2023 091521-NAF & 060920-NAF WWW.NatlonalAutoReetGroup.coml
MODEL TC10753 1SA MSRP $39,700.00
2023 GMC SIERRA 1500 DOUBLE CAB 2WD 6.5' BED WORK TRUCK 147"
WB
CUSTOMER ID BASE VEHICLE PRICE $33,061.00
6.5' BED
All vehicles will be ordered white w1 darkesf interior unless clearly stated otherwise on purchase order.
FACTORY OPTIONS DESCRIPTION
GAZ H2G EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR. $0.00
.--.-..... . .. ...... ----------- ---- - . ..-------
L3B MQE Engine, 2.7L Turbo with Transmission, 8-speed automatic, electronically controlled, also requires the following add $0.00
options; (310 hp (231 kW] @ 5600 rpm, 348 lb-ft of torque [471 Nmj @ 1500 rpm)(Requires (PEB) WT Value Package,
(PCV) WT Convenience Package or (PEF) Work Truck 2.71. Fleet Package, (HIT) or (HOU) Jet Black cloth interior, (C4P)
semi -automatic air conditioning, (UE1) OnStar, (K14)120-volt power outlet and (KC9)120-volt bed mounted power
outlet.lncludes (MQE) 8-speed automatic transmission and (KWS)120-amp alternator. Included with (PEF) Work Truck
2.71. Fleet Package. Not available with (Z71) Z71 Off -Road Package, (PQA) WT Safety Package, (UD7) Rear Park Assist,
(VYU) Snow Plow Prep Package or (ZW9) pickup bed delete.)'GROSS;
....... .. ...--- ............ . _ _.. . .. ............... ........... .
PEB Sierra Value Package includes (PCI) Convenience Convenience Package includes (AQQ) Remote Keyless Entry, (QTS) EZ $1,460.00
Lift power lock and release tailgate, (AKO) tinted glass, (UF2) LED cargo bed lighting, (C49) rear -window defogger, (K34)
cruise control and (DLF) outside power mirrors(Not available with (ZLQ) Fleet Convenience Package. When (ZW9)
pickup bed delete is ordered (QTS) EZ Lift power lock and release tailgate and (UF2) LED cargo bed lighting will not be
available. Included with (PEB) Sierra Value Package.) and (Z82) Trailering Package(Not available with (ZW9) pickup bed
delete or (ZLQ) Fleet Convenience Package.)
................ .... . .-------
PCI Convenience Package "'INCLUDED WITH PEB'. $0.00
includes (AQQ) Remote Keyless Entry, (QT5) EZ Lift power lock and release tailgate, (AKO) tinted glass, (Uf2) LED cargo
bed lighting, (C49) rear -window defogger, (K34) cruise control and (DLF) outside power mirrors(Not available with (ZLQ)
Fleet Convenience Package. When (ZW9) pickup bed delete Is ordered (QTS) EZ Lift power lock and release tailgate and
(UF2) LED cargo bed lighting will not be available. Included with (PEB) Sierra Value Package. Available to upgrade to
(QK2) GMC MultiPro Tailgate without (ZW9) pickup bed delete.)
............ . ............. .... . .. ..... ..
J1.1 Trailer brak. ----------- ...........
VQO LPO, BLACK ASSIST STEP. $490.00
........ ........... . -- ...... ......... ... ..........
5H1 2 ADDITIONAL KEYS FACTORY CUT DEALER PROGRAMMED $125.00
VK3 FRONT LICENSE PLATE BRACKET FACTORY ORDERED $0.00
FACTORY OPTIONS $2,34S.00
CONTRACT OPTIONS DESCRIPTION
NO -TEMP TEMPTAG NOT REQUESTED, CUSTOMER WILL HANDLE THEIR OWN TAG WORK, $0.00
CONTRACT OPTIONS $0.00
NJPA-SE BAST IA N, CITY OF-TC10753 1SA_43359-1_Quote. P DF P? 116'd � 60
j ' F�, /" r__ F Sourcewe
1w �G Awarded Contra(t
SOURCEWELL (FORMERLY NJPA) CONTRACT # 2023 091521-NAF & 060920-NAF www.NationalAutoFleetGroup.com
TRADE IN
Comments
VEHICLE TOTAL S35.406.00
MSRP DISCOUNT 19.3%
ACCESSORY TOTAL SO.00
CUSTOMER PRICE $35,406.00
INANCING $0.00
TOTAL COST LESS TRADE IN(S) QTY 1 $35,406.00
Estimated Annual payments for 60 months paid in advance: $7,929.49
Municipal finance for any essential use vehicle, requires lender approval, WAC.
QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS
VEHICLE QUOTED BY SCOTT WILSON FLEET SALES MANAGER scott.wilson�alaniay.com
'Y Want to be Your Fleet Provider"
I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes. please fee/ free to contact me at any time.
f am always happy to be of assistance.
NJPA-SEBASTIAN, CITY OF-TC10753 1SA_43359-1_Quote.PDF Pf I L7'd 160
Vehicle: [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro ( Complete)
Image Not Available
Note:Photo may not represent exact vehicle or selected equipment.
Window Sticker
SUMMARY
[Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro
Interior:Jet Black, Vinyl seat trim
Exterior 1:Summit White
Exterior 2:No color has been selected.
Engine, 2.71- Turbo High -Output
Transmission, 8-speed automatic, (Column shifter) electronically controlled
OPTIONS
CODE MODEL
TC10753 [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro
OPTIONS
1SA
Pro Preferred Equipment Group
5H1
Key equipment, two additional key fobs
AKO
Glass, deep -tinted
AZ3
Seats, front 40/20/40 split -bench
C49
Defogger, rear -window electric
CTT
Hitch Guidance
DLF
Mirrors, outside heated power -adjustable
FE9
Emissions, Federal requirements
Inc.
Inc.
Inc.
Inc.
MSRP:$39,700.00
MSRP
$39,700.00
$0.00
$45.00
$0.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
Specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data VersEon: 16912. Data Updated: Jul 10, 2022 6:56:00 PM PDT.
Jul 11, 2022 Page 2
118 of 360
Vehicle: [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro ( complete)
GAZ
Summit White
GU6
Rear axle, 3.42 ratio
H2G
Jet Black, Vinyl seat trim
IOR
Audio system, GMC Infotainment System with 7" diagonal color
touch -screen, AM/FM stereo
JL1
Trailer brake controller, integrated
K34
Cruise control, steering wheel -mounted
KW5
Alternator, 220 amps
L3B
Engine, 2.7L Turbo High -Output
MQE
Transmission, 8-speed automatic, (Column shifter) electronically
controlled
PC[
Convenience Package
PEB
Pro Value Package
QBN
Tires, 25517OR17 all -season, blackwall
QBR
Tire, spare 25517OR17 all -season, blackwall
QT5
Tailgate, gate function manual with EZ Lift
R7N
Not Equipped with Steering Column Lock, see dealer for details
RD6
Wheels, 17" x 8" (43.2 cm x 20.3 cm) painted steel, Silver
UF2
LED Cargo Area Lighting
VK3
License plate kit, front
V02
Fleet processing option
VQO
LPO, Black assist step
Z82
Trailering Package
Option/package discount
SUBTOTAL.
Adjustments Total
Destination Charge
TOTAL PRICE
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
$0.00
$0.00
$0.00
$0.00
$275.00
$0.00
$0.00
$1,465.00
$0.00
$0.00
($50.00)
$0.00
$0.00
$0.00
$495.00
($2,000.00)
$39,930.00
$0.00
$1,795.00
$41,725.00
FUEL ECONOMY
Est City:19 (2022) MPG
Est Highway:22 (2022) MPG
Est Highway Cruising Range:528.00 mi
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers
input is subject to the accuracy of the input provided.
Data Version: 16912. Data Updated: Jul 10, 2022 6:56:00 PM PDT.
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Gb
Vehicle: [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro ( Complete)
Standard Equipment
Package
Mechanical
Exterior
GMC Pro Safety includes (UEU) Forward Collision Alert, (UE4) Following Distance Indicator, (UKJ) Front
Pedestrian Braking, (TQ5) IntelliBeam, (UHX) Lane Keep Assist with Lane Departure Warning, and (UHY)
Automatic Emergency Braking (Includes (T8Z) Buckle to Drive.)
Pickup bed (Deleted when (ZW9) pickup bed delete is ordered on Regular Cab models.)
Engine, 2.7L Turbo High -Output (310 hp [231 kW] @ 5600 rpm, 430 lb-ft of torque [583 Nm] @ 3000 rpm) {Not
available with (VYU) Snow Plow Prep Package, (ZW9) pickup bed delete, (KC4) external engine oil cooler or
(X31) X31 Off -Road Package. Includes (KW5) 220-amp alternator.) (STD)
Transmission, 8-speed automatic, (Column shifter) electronically controlled with overdrive and towthaul mode.
Includes Cruise Grade Braking and Powertrain Grade Braking (Standard and only available with (L3B) 2.7L
Turbo High -Output engine.) (STD)
GVWR, 6800 lbs. (3084 kg) (Requires Crew Cab 2WD and (L3B) 2.7L Turbo High -Output engine. Requires
Double Cab 2WD model with (L3B) 2.71- Turbo High -Output engine or with (L84) 5.3L EcoTec3 V8 engine.
Requires Regular Cab 4WD TK10703 or 2WD TC10903 model a with (L3B) 2.7L Turbo High -Output engine or
(L84) 5.3L EcoTec3 V8.)
Rear axle, 3.42 ratio (Included and only available with (1-313) 2.7L Turbo High -Output engine.)
Push Button Start
Automatic Stop/Start (Not available with (FHS) E85 FlexFuel capability.)
Suspension Package, Standard
Rear wheel drive
Battery, heavy-duty 730 cold -cranking amps180 Amp-hr, maintenance -free with rundown protection and retained
accessory power (Included and only available with (L84) 5.3L EcoTec3 V8 engine or (1-313) 2.7L Turbo High -
Output engine.)
Frame, fully -boxed, hydro€ormed front section
Cargo tie downs (12), fixed
Steering, Electric Power Steering (EPS) assist, rack-and-pinion
Brakes, 4-wheel antilock, 4-wheel disc with DURALIFE rotors
Capless Fuel Fill
Exhaust, single outlet
Exhaust, aluminized stainless -steel muffler and tailpipe
Wheels, 17" x 8" (43.2 cm x 20.3 cm) painted steel, Silver (STD)
Tires, 255/701317 all -season, blackwall (STD)
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the input provided.
Data Version: 16912. Data Updated: Jul 10, 2022 6:56:00 PM PDT.
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Vehicle: [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro ( complete)
Exterior
Entertainment
Interior
Tire, spare 255170R17 all -season, blackwall (Included with (QBN) 25517OR17 all -season, blackwall tires_) (STD)
Wheel, 17" x 8" (43.2 cm x 20.3 cm) full-size, steel spare
Tire carrier lock keyed cylinder lock that utilizes same key as ignition and door (Deleted with (ZW9) pickup bed
delete.)
Bumper, front chrome lower (Requires (VJH) rear chrome bumper and (E63) pickup bed. Required with (UD7)
Rear Park Assist or (PQA) 1SA Safety Plus Package on 1SA unless ordered with (WBP) Graphite Edition.)
Bumper, rear chrome with bumper CornerSteps (Requires (V46) front chrome bumper and (E63) pickup bed.)
CornerStep, rear bumper
Grille (Chrome header with flat black grille insert bars)
Headlamps, LED projectors with Fade-on/Fade-off animation, LED turn signals and Daytime Running Lamps
IntelliBeam, automatic high beam on/off (Included and only available with (PDI) GMC Pro Safety.)
Taillamps, LED LED signature taillight and Fade-on/Fade-off animation, incandescent stop, turn and reverse
light
Mirrors, outside manual, Black (Not available on Regular Cab models.)
Glass, solar absorbing, tinted
Lamps, cargo area, cab mounted integrated with center high mount stop lamp, with switch in hank on left side of
steering wheel
Tailgate, standard (Deleted with (ZW9) pickup bed delete.)
Tailgate, gate function manual, no lift assist (Deleted with (ZW9) pickup bed delete or (QK2) GMC MultiPro
Tailgate.)
Tailgate and bed rail protection caps, top
Tailgate, locking utilizes same key as ignition and door (Deleted with (ZW9) pickup bed delete or (QK2) GMC
MultiPro Tailgate.)
Door handles, Black grained
Audio system, GMC Infotainment System with 7" diagonal color touch -screen, AMIFM stereo with seek -and -
scan and digital clock, includes Bluetooth streaming audio for music and select phones; featuring wired Android
Auto and Apple CarPlay capability for compatible phones (STD)
Audio system feature, 6-speaker system (Requires Crew Cab or Double Cab model.)
Bluetooth for phone connectivity to vehicle infotainment system
Seats, front 40/20/40 split -bench with covered armrest storage and under -seat storage (lockable) (STD)
Seat trim, Vinyl
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers
input is subject to the accuracy of the input provided.
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Vehicle. [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro (--Complete)
Interior
Safety -Interior
Seat adjuster, driver 4-way manual
Seat adjuster, passenger 4-way manual
Seat, rear 60140 folding bench (folds up), 3-passenger (includes child seat top tether anchor) (Not available with
Regular Cab model.)
Floor covering, rubberized -vinyl (Not available with LPO floor liners.)
Steering column, Tilt -Wheel, manual with wheel locking security feature
Steering wheel, urethane
Instrument cluster, 6-gauge cluster featuring speedometer, fuel level, engine temperature, tachometer, voltage
and oil pressure
Driver Information Center, 3.5" diagonal monochromatic display
Exterior Temperature Display, located in radio display
Brake lining wear indicator
Windows, power front, drivers express up/down
Window, power front, passenger express down
Windows, power rear, express down (Not available on Regular Cab models.)
Door locks, power
Remote Keyless Entry
USB Ports, 2, Charge/Data ports located on instrument panel
Power outlet, front auxiliary, 12-volt
Air conditioning, single -zone manual
Air vents, rear (Not available with Regular Cab model.)
Mirror, inside rearview, manual tilt
Assist handles front A -pillar mounted for driver and passenger, rear B-pillar mounted
Automatic Emergency Braking (Included and only available with (PDI) GMC Pro Safety.)
Airbags, Dual -stage frontal airbags for driver and front outboard passenger; Seat -mounted side -impact airbags
for driver and front outboard passenger; Head -curtain airbags for front and rear outboard seating positions;
Includes front outboard Passenger Sensing System for frontal outboard passenger airbag (Always use seat
belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child
restraint. See the Owner's Manual for more information.)
HD Rear Vision Camera (Not available with (ZW9) pickup bed delete.)
Following Distance Indicator (Included and only available with (PDI) GMC Pro Safety.)
This document contains information considered confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. content based on report preparer's
input is subject to the accuracy of the input provided.
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Vehicle: [Fleet] 2023 GMC Sierra 1500 (TC10753) 2WD Double Cab 147" Pro ( Complete )
Safety -Interior
Safety -Mechanical
Safety -Exterior
WARRANTY
Forward Collision Alert (Included and only available with (PDI) GMC Pro Safety.)
Lane Keep Assist with Lane Departure Warning (Included and only available with (PDI) GMC Pro Safety.)
Seat Belt Adjustable Guide Loops, front row only (Included and only available with Crew Cab or Double Cab
models.)
Buckle to Drive (Included and only available with (PDI) GMC Pro Safety.)
Tire Pressure Monitor System, auto learn includes Tire Fill Alert (does not apply to spare tire)
Rear Seat Reminder (Requires Crew Cab or Double Cab model.)
Front Pedestrian Braking (Included and only available with (PDI) GMC Pro Safety.)
StabiliTrak, stability control system with Proactive Roll Avoidance and traction control, includes electronic trailer
sway control and hill start assist
Daytime Running Lamps, LED signature lighting
Warranty Note: <<< Preliminary 2023 Warranty >>>
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 60,000
Drivetrain Nate: HD Duramax Diesel: 5 Years1100,000 Miles, Qualified Fleet Purchases: 5 Years1100,000 Miles
Corrosion Years (Rust -Through): 6
Corrosion Years: 3
Corrosion Miles/km (Rust -Through): 100,000
Corrosion Miles/km: 36,000
Roadside Assistance Years: 5
Roadside Assistance Mileslkm: 60,000
Roadside Assistance Note: HD Duramax Diesel: 5 Yearsl100,000 Miles; Qualified Fleet Purchases: 5
Years1100,000 Miles
Maintenance Note: 1 Year/1 Visit
This document contains information considered Confidential between Give and its Clients uniquely, The information provided is not intended for public disclosure. Prices,
specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's
input is subject to the accuracy of the Input provided.
Data Version: 16912. Data Updated: Jui 10, 2022 6:56:00 PM PDT.
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DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA
091521-NAF
SourcewellPk
Solicitation Number: RFP #091521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive,
Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with
Related Equipment and Accessories from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 202S, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certifications). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
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• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum; the terms of which will be negotiated directly between the
Participating Entity and the Supplier. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, supply issues, customer
issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party.For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001(2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsements) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis -Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this
Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to
the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract
or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor
acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to
the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and
benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell,
and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work
under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part
200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the
U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or
potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive
Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to
individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will
comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that
during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
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f�[�:1►I�111•�i1iI�I►
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
DoeusIgned by: Docu5lgned by:
Ew�c� Sl�.0 Ayf� , ,SSi.
p CAFp2A139D064E9
py, By: FAC695730C7E487 .
Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
11/4/2021 1 1:28 PM CDT 11/4/2021 1 10:46 AM CDT
Date: Date:
Approved:
Doeu5ignea by:
By: 7Et286FWAN=
Chad Coauette
Title: Executive Director/CEO
11/4/2021 1 1:34 PM CDT
Date:
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RFP 091521 - Automobiles, SUVs, Vans, and Light Trucks with
Related Equipment and Accessories
Vendor Details
Company Name:
72 HOUR LLC
Does your company conduct
business under any other name? If
National Auto Fleet Group
yes, please state:
490 Auto Center Drive
Address:
Watsonville, CA 95076
Contact:
Jesse Cooper
Email:
Jcooper@nationalautofleetgroup.com
Phone:
951-440-0585
Fax:
831-840-8497
HST#:
263297677
Submission Details
Created On:
Tuesday August 24, 2021 16:34:10
Submitted On:
Tuesday September 14, 2021 14:10:21
Submitted By:
Jesse Cooper
Email:
Jcooper@nationalautofleetgroup.com
Transaction M
d2e890de-e761-4f47-9b23-bef3d512bd76
Submitters IP Address:
76.81.241.2
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your
response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an
explanation).
Line
Item
Question
Response'
1
Proposer Legal Name (one legal entity only): (In the
72 Hour LLC
event of award, will execute the resulting contract
as "Supplier")
2
Identify all subsidiary entities of the Proposer whose
WCAF, LLC
equipment, products, or services are Included In the
WCDJR, LLC
Proposal.
Alan Jay Automotive Inc
3
Identify all applicable assumed names or DBA names of
NAFG has numerous subsidiaries and DBA's including but not limited to:
the Proposer or Proposers subsidiaries in Line 1 or
National Auto Fleet Group,
Line 2 above.
Chevrolet of Watsonville,
Watsonville Ford
Watsonville CDJR
Watsonville Fleet Group
Alan Jay Chrysler Jeep Inc
Alan Jay Chevrolet, Cadillac
Alan Jay Buick, GMC
Alan Jay Auto Outlet
Clewiston Motor Company, Inc
Alan Jay Chrysler Dodge Ram Jeep
Alan Jay Lincoln
Alan Jay Ford
Alan Jay Nissan
Alan Jay Toyota
4
Proposer Physical Address:
490 Auto Center Drive
Watsonville, CA 95076
5
Proposer website address (or addresses):
www.NaUonaLAutoFleetGroup.com
6
Proposers Authorized Representative (name, title,
Jesse Cooper
address, email address & phone) (The representative
Fleet Manager
must have authority to sign the 'Proposers Assurance
of Compliance on behalf of the Proposer and, In the
1-855-28MS72
event of award, will be expected to execute the resulting
490 Auto Center Drive
contract):
Watsonville, CA 95076
Jcooper@nagonalautofleotgroup.com
7 Proposers primary contact for this proposal (name, title,
Jesse Cooper
address, email address & phone):
Fleet Manager
1.855-289.6572
490 Auto Center Drive
Watsonville, CA 95076
J000per@naUonalautofleeigroup.com
8 Proposers other contacts for this proposal, if any
Clarke Cooper
(name, title, address, email address & phone):
Fleet Manger
1-855-289-6572
490 Auto Center Drive
Watsonville, CA 95076
ClarkeCGoper@watsonvtllefleetgroup.com
Table 2: Company Information and Financial Strength
ILine (Question (Response•
Item
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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9 Provide a brief history of your company, inctuding your
National Auto Fleet Group started as a new division of 72 Hour LLC, In the summer of 2010 In the
company's core values, business philosophy, and
heart of Southern California. We began our network with a single automobile dealership and have now
industry longevity related to the requested equipment,
grown our network to encompass numerous dealerships located in and outside of California.
products or services.
We stand by providing opportunities for advancement by hiring and promoting from within our
organization. Many of the Fleet Managers who started with us in 2010 are still with us today.
Through the years, we have evolved and adapted to the new technology driven trends that are
revolutionizing the automotive Industry today. However, our brand's fundamental core values have
remained unchanged — We are committed to do right for the members. If we take care of them, they
will In return take care of us.
National Auto Fleet Group's operational blueprint and business philosophy has always been the "4
RIGHTS' for every member. We deliver the RIGHT vehicle, at the RIGHT time, to the RIGHT place at
the RIGHT price.
The integrity of our business stems on our deep family roots in the automotive industry. We are and
always will be family owned and operated with our future generations already in their Infant stages
today. We are committed to pioneering our Industry for decades to came.
10 What are your company's expectations in the event of
If awarded, this would be our 5th Sourcewell Contract and we would execute as such. We will
an award?
continue to serve your members and provide them with excellent customer service while continuing to
advance customer satisfaction. Along with implementing new business growth strategies that will
ultimately launch us into new heights once again.
Furthermore, we will launch our Partner Program detailed in the attached "marketing Plan
Compressed" Zip file. This next generation application will give members the power to select upfitters
they would like NAFG to partner with in providing satisfactory quotes and service. We see tremendous
value In building out these mutually beneficial partnerships, so we can provide 100% satisfactory
turnkey solutions to the members.
11 Demonstrate your financial strength and stability with
To demonstrate NAFG's financial strength and stability, we have uploaded Bank Commitment letters
meaningful data. This could Include such items as
under the Financial Strength Section of the online application. We have a direct line of credit of
financial statements, SEC filings, credit and bond
$52,000,00.00 that we are currently utilizing with our current and past Sourcewell Contracts. However,
ratings, letters of credit, and detailed reference letters.
this number Is not capped as we have the freedom to extend the cap to accommodate the revolving
Upload supporting documents (as applicable) in the
needs of the members.
document upload section of your response.
Referenced below is a short register of some of our market success from awarded government
contracts that encompass over $140,000,000.00 worth of products and goods under our current
Sourcewell Contract.
A. City of San Diego, CA $ 72,000,000 contract under our Sourcewell Contract 120716-NAF.
B. City of San Diego, CA $ 55,400,000 contract under our Sourcowell Contract 081716-NAF.
C. Government Fleet Article Highlighting our transaction with the City of San Diego, CA procuring over
100 Police vehicles through NAFG Sourcewell Contract 120716-NAF.
D. City of Los Angeles World Airports, CA Contract for $ 24,003,500 under Sourcewell Contract
120716-NAF for the procurement of 400 vehicles.
E. City of Los Angeles Harbor, CA Contract Extension to $ 4,500,000 contract under Sourcewell
Contract 120716-NAF.
F. City of Las Angeles Harbor, CA Contract for $1,500,000 under our Sourcewell Contract 120716-NAF.
G. City of Los Angeles Harbor, CA Renewal for another $ 1,500,000 under Sourcewell Contract Class
6, 7 and 8 Contract 081716-NAF.
H. City of Costa Mesa, CA Contract $1,023,220 under our Sourcewell Contract 120716-NAF.
I. Blanket Contracts with the State of Maryland, MD off our current Class 6, 7 and 8 Chassis Contract
081716-NAF.
J. Blanket Contracts with the State of Maryland, MD off our Current Sourcewell Contract 120716-NAF.
We have also attached our Commitment Letters for unparallel support from leading nationally
recognized upfd suppliers such The Knaphekte Manufacturing Company. Along with regional suppliers
such as Brand FX and Phenix Truck Body located in Southern California serve as regional support
locations, whom we often work alongside to fulfill all member needs with past, present, and future
orders with NAFG.
Included are also Upfitter Recommendation letters to illustrate how National Auto Fleet Group has
taken a proactive Interest in building mutually beneficial relationship with our upfitters. Mutuality and
reciprocity relationships between body companies and our dealers are two of the key components
that help members receive what they need In a smooth and efficient fashion.
In addition, the adoptlon of our Class 6, 7, and 8 Contract from Anne Arundel County In the state of
Maryland Is as an example of how National Auto Fleet Group attracts and retains new clients by
demonstrating to them there's a better and more efficient way of finding turnkey solutions.
Lastly, we have attached supporting documents that help emphasize and exemplify our growth since
our first awarded Sourcewell Contract In 2012. We sincerely hope it helps portray our commitment to
building lifelong rapport and trust with our partner upfitters and members.
12 What is your US market share for the solutions that
. Of our respective brands and OEM's we represent, the US market share Is estimated to be 60 —
you are proposing?
75%.
13 What Is your Canadian market share for the solutions
It Is difficult to estimate the market share for the brands and OEM's we represent, however we
that you are proposing?
estimate that it should be the same 60 -75 % of the US share.
14 Has your business ever petitioned for bankruptcy
No.
protection? If so, explain In detail.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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15 How is your organization best described: is it a
manufacturer, a distributoddealer/reseller, or a service
provider? Answer whichever question (either a) or b)
just below) best applies to your organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity), provide your
written authorization to act as a
distributorldealer/reseller for the manufacturer of the
products proposed In this RFP. If applicable, is your
dealer network independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and with
your dealer network in delivering the products and
services proposed in this RFP. Are these individuals
your employees, or the employees of a third party?
National Auto Fleet Group is a dealer network best categorized as "A' - Distributer/Dealer/Reseller
and Dealer Partner for (15) OEM Manufacturers including Ford Motor Company, Chevrolet, RAM,
GMC, Buick, Chrysler, Dodge, Jeep, Toyota, Nissan, KIA, BMW, Honda, Cadillac and Volkswagen, All
orders are placed with the franchised dealer and ultimately titled directly to the member. All
appropriate certification certificates and authorized DMVIFactory licenses may be found In the "Related
Certification' section uploaded to this RFP. It should be noted we do not sell used equipment to
members.
16 If applicable, provide a detailed explanation outfining
Required licenses include a Dealer's License, a Franchise issued by the Manufacture, a Department
the licenses and certifications that are both required to
of Motor Vehicles License, as well as a Reseller's permit license. All which NAFG and Dealer
be held, and actually held, by your organization
Partner's hold. Please review our attachment documents in section 'Related Certification" for licenses
(including third parties and subcontractors that you use)
that we either solely awn or are jointly owned by our partner dealers that pertain to this RFP. A list of
in pursuit of the business contemplated by this RFP.
all our licenses are below, some of which may not pertain to class 1-3 but to class 4-8.
CA Certificate of Good Standing 200824810190
State of Florida License Certificates:
VFI100097414
VF/1 OD0950/1
VF/1046516/1
VF/102461912
VF11024619/1
VF/1018615/1
VF1102189111
VF11000974/3
VF/110591611
VF11020705/1
VF/1000969/1
CA Slate Seller's Permit 101-135239
CA State Seller's Permit 245364864-00001
Department of Motor Vehicle, Vehicle Dealer/ License Number 97772
Department of Motor Vehicle, Vehicle Dealer License Number 97771
Department of Motor Vehicle, Vehicle Dealer License Number 43609
Bureau of Automotive repair Registration # ARD00296319 123120
CA State Sellers Permit 232781952-00001
City of Watsonville Business License Number 1792
City of Watsonville Business License Number 4358
Fictitious Business Names from Santa Cruz County for National Auto Fleet Group FBN: 2017-0000138
California General Resale Certificate
Dun & Bradstreet Number: 023680653
Government of The District of Columbia Certificate
Government of the District of Columbia Tax Registration # 7815888160711
City of Los Angeles Tax Registration
Government of The District of Columbia CLEAN HANDS CERTIFICATION
San Diego Freightliner Seller's Permit
Commonwealth of Virginia State Corporation Commission Certificate
State of Maryland Good Standing Certificate
Kansas Department of Revenue for Kansas City Peterbilt
New Jersey Department of Treasury Registration Certificate
Now Jersey Business Registration
Notice of Compliance of the Canton City Codified Ordinance
Employee Information Report for the State of New Jersey
State of Maryland New Sales and Use tax License
CA State Seller's Permit 98-037902 00006
South Carolina Department of Motor Vehicles License Number 36133
State of South Carolina Retall License
Commonwealth of Kentucky Vehicle Dealer License 1583 20 100
State of West Virginia Dealer License
Commonwealth of Kentucky Vehicle Dealer License 1581 20 036
State of Tennessee Vehicle Dealer License
Provide all "Suspension or Debarment" information that Not Applicable, none.
has applied to your organization during the past ten
years.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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Table 3: Industry Recognition & Marketplace Success
Llne
Item
Question
Response •
18
Describe any relevant industry awards or recognition
National Auto Fleet Group's received Its most prestigious award for Top Placement within Ford Motor
that your company has received in the past five years
Company as the leading dealership In Government Sales. In addition, our Chevrolet brand was highly
ranked and honored 415 consecutive years by General Motors.
19
What percentage of your sales are to the
Within our fleet division, 90% of our contracts within the past three years have been with government
governmental sector in the past three years
accounts.
20
What percentage of your sales are to the education
Within the past 3 years 90% of our sales have been to government accounts, 20% of which are
sector in the past three years
within the education sector.
21
List any state, provincial, or cooperative purchasing
We hold the State of Califomla contract with volumes from 200 to 500 units a year over the past
contracts that you hold. What is the annual sales
three years. In addition, our Sourcewell Contract's 091219, 081716 and 120716 that we have
volume for each of these contracts over the past three
maintained over the past three years has sold combined north of 400 million of Combined Quarterly
years?
Sales.
22
List any GSA contracts or Standing Offers and Supply
National Auto Fleet Group's focus lies on the Sourcewell Contract. NAFG holds no other GSA
Arrangements (SOSA) that you hold. What is the
contract, Standing Offers, or Supply Arrangements other than the State of California contract. Our
annual sales volume for each of these contracts over
annual sales volume is estimated to be north of $200 million.
the past three years?
Table
4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
IEnUty Name"
Contact Name •
Phone Number'
Port of Los Angeles, CA
Mr. Dave Comer
310-72-3794
County of Venture, CA
Mr. Jorge Bnilla
805-672-2044
City of Austin, TX
Mr. Matt Sager
512-978-2637
County of San Joaquin, CA
Mr. David Myers
209-468-9745
City of Palo Alto, CA
Ms. Danitra Bahlman
650496-5920
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the stale or province the
entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name
Entity Type
City of Austin
Government
Angeles
Government
ILos
Department of
Water and Power
Port of Los
Government
Angeles
(Anne Arundel
GovernmentCounty
City of San Diego Government
State / Province • Scope of Work'
Texas -TX Purchaser
California - CA Purchaser
California - CA Purchaser
Maryland - MD Purchaser
California - CA Purchaser
Table 6: Ability to Sell and Deliver Service
Size of Transactions •
Volume Past Three
Years
10-15 Vehicles at once, Vans
Over 1M
and SUVs
Over 120 Vehicles, Vans and
Over 3M
SUVs
Over 80 Trucks, Vans and SUVs Over 2M
Over 40 Trucks, Vans and SUVs Over 1M
Over 500 Trucks, Vans, SUV' Over 15M
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address
in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector,
whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line question Response'
ftem
25 Sales force. Our sales force consists of direct and an indirect sales force. Our direct sales force consists of direct
employees end partner dealers, which exceeds an employee count of 300 personnel both full time and
part time. Many of our sales force are spread across the US and we leverage our relationships with
our larger class dealerships to service the members lower class vehicle needs as well. A cross sates
force. These individuals help support our dealerships and NAFG Fleet Division directly. On the other
hand, our Indirect sales force made up of upfitters and partner suppliers consists of over 100 personnel
with our partner network and sales force growing annually.
With both direct and indirect sales force staff working together, NAFG has been able to successfully
grow, maintain and service the demand of the members. As the number of your members grow, we will
continuously welcome more staff to not only meet customer demand, but also to exceed customer
expectations.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
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26 Dealer network or other distribution methods.
27 Service force.
28 Describe the ordering process. If orders will be
handled by dlsbibutors, dealers or others, explain the
respective roles of the Proposer and others.
29 Describe in detail the process and procedure of
your customer service program, if applicable.
Include your response -time capabilities and
commitments, as well as any Incentives that help
your providers meet your stated service goals or
promises.
30 Describe your ability and willingness to provide your
products and services to Sourcewell participating
entities in the United States.
31 Describe your ability and willingness to provide your
products and services to Sourcewell participating
entities in Canada.
32 Identify any geographic areas of the United States
or Canada that you will NOT be fully serving through
the proposed contract.
Our franchise network In Canada and the U.S. Is fortunately second to none. Our 15 proposed GEMS
previously mentioned, all of which have established a presence nationwide with factory stores
strategically placed where all members can receive service and complete warranty repairs with their
respective products.
Simple put the North American and Canadian automobile supply chain network Is one of the best In
the world. Of the 15 brands we represent, the OEMs have put in place a dealer network across all 50
states that will allow us to best serve all members.
The 15 manufactures we represent have thousands of service locations that would be easily accessible
to all your members. Service centers and warranty repair facilities for all 15 OEMs are ample and
ready to help service our members and their needs. However, Alaska and Hawaii may be exceptions
as they may have farther distances between franchises where members can utilize the repair services.
The member may order their vehicles by navigating to our website, www.NaUonalAutoFleetGroup.com
and going through the step-by-step process to generate an online quote or by calling one of our
representatives at 855-289-6572 or by sending NAFG an email at Fleet@NationalAutoFleetGroup.com.
Orders are then processed directly to the manufacturer who will work to supply the vehicle to the ship -
to location for upfittinig or end user desired delivery location.
To best demonstrate our Customer Service program, kindly reference the ZIP file `Member Walk
Through' that is attached in the Additional Documents folder. Please begin with and review in order that
is explained below:
How Members Can Get Quotes Online: A member can obtain most quotes by visiting our website
www.NationalAutoFleetGroup.00m where a simple one step form is needed for registration. This is to
protect the price information from nonmembers. Once a member registers they will receive an
automated welcome email with a demo video on how to use our site. Members will gain access to
there very own dashboard which will house all there quotes in one safe secure login. Members can
select which brand they are looking for and model year. Our site shows all the categories the brand
offers such as: Cars, Vans, SUV's Trucks and Chassis Cabs. Members will then be able to drill down
for the right selection by picking from the filter menu of what cab there looking for (Regular, Extended
or Crew) to 2 wheel or 4 wheel drive down to the bad length there looking for. All factory options are
then presented for the member to select from, this will show all current factory orderable options, taking
the guess work out for the member. Once a member selects a desire build, they will see there
Sourcewell Price report showing the MSRP, there contract price, the saving in real dollars and as a
percentage. In the PDF example you can see a saving of S 9,175.96 of 22.345% to the member
showing a significant savings. Members then can chose to add extra's to there order like extra keys'
service manuals, sales tax and even request an upfit to be added to there quote. Lastly they will be
given a complete turn key quote package to print which will Include there customized Quote tD,
Description and Specifications of what they built.
How Members and Upfitters can Partner with NAFG: Our dedicated website www.NAFGPartner.com was
built to accommodate the member who would Pike a certain upfitter to upfit there vehicles. It was also
built for upftters to have a place to go where they can find Information on how to partner with NAFG
to better serve there local members.
Example of A Member with Upfit Quote: This is an example of how we use our Cab Chassis and
combine them with an upfit to provide a turnkey solution for the member in a simple to follow format.
ETA System for Members Walk Through: This is where members can easily come to our website, the
same website they built there chassis on and track there order like they would a UPS package. We
have a very simple display on our homepage `Track your order' where members can enter one of the
following: Purchase Order Number, Quote ID, Upfit Quote ID or vin to easily see there in the process
there particular order is in.
Courtesy Confirmation Explained: After NAFG receives an order from a Member, we always like to
send them a Courtesy Confirmation. This is were the member will double check some particulars on
there order like, Color, Quantity, Upfit and Specification's are all correct before order placement. We
also like to ask for title information at this point so we can help process the paperwork at delivery
promptly.
Factory Order Cut Off Notices: Here is were we like to highlight were members can access any
upcoming factory order cut off dates. We walk them through the process step by step to ensure
everyone knows the upcoming order cut off date, we even print this information (if known at the time)
fight on the cover page of there quotes.
Validation Walk Through Example: To demonstrate a price validation, we show what a member would
see when they build a truck on our site. At check out the member would see the Total Configured
MSRP of $ 35,730.00, A Sourcewell Price of $ 27,331.68, Total Saving of $ 8,398.32 or 23.505% for
a 2020 F-250 followed by the pricing page which shows the Minimum Discount of at least 18.50%. As
you see we provided an additional 5% discount on top of the 18.50% contract discount. This would be
the case In most instances.
Our willingness and ability to service members nationwide is unparalleled. We have dedicated staff 5
days a week, from lam to 7pm standing by ready to assist any member help find the best solution for
there needs even if helping assist them to the best Sourcewetl Contract that could be a solution. We
have a dedicated live chat feature on our online quote generating website In case any member has
any trouble at all In building there quotes. NAFG has established a chain of suppliers who are at the
ready to serve ff called upon by any member. We are here to help.
We are willing and eager to soon extend our business model and network into Canada. We believe
partnering with local Canadian based dealer groups is key to success In the Canadian market. NAFG's
competitive pricing as well as a simple US Dollar to Canadian conversation will help NAFG expand
into the Canadian market for participating Sourcewell members.
National Auto Fleet Group will handle servicing 1011% of all geographic areas located In the United
States. Although It is unclear what unseen obstacles we may face In Canada, NAFG is committed to
building the same model to service Canada and providing the same level of customer satisfaction,
service, and care as in the United States.
Bid Number: RFP 091521
Vendor Name: 72 HOUR LLC
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33 Identify any Sourcewell participating entity sectors
(i.e., government, education, not -tor -profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do other
cooperative purchasing contracts limit your ability to
promote another contract?
34 Define any specific contract requirements or
restrictions that would apply to our participating
entities In Hawaii and Alaska and in US Territories.
Table 7: Marketing Plan
NAFG will continue to service all Sourcewell Members through our 24 hour a day, 7 days a week
online portal with the exclusion of Non -Profits. Unfortunately, Non -Profits are often not eligible for the
same discount's government entities are qualified for. However, Non -Profits are subject to a different
pricing program and will be evaluated on a case to case basis.
The only possible logistical constraints we may face is the shipping constraints for shipments arriving in
Alaska, Hawaii and US Territories. For example, we often provide members In Alaska or Hawaii with
vehicles that often have upfits. To circumvent this potential issue, members allow us to add these extra
shipping and port costs to their quotes.
Line Item question.
Response"
35 Describe your marketing strategy for promoting
National Auto Fleet Group encompasses a variety of marketing strategies to promote our products and
this contract opportunity. Upload
services to streamline the vehicle purchasing process for government entities. Below are a few strategies
representative samples of your marketing
used to serve as the gateway between our business and public agencies.
materials (if applicable) in the document
upload section of your response.
Website and Inbound Marketing: The creation of a professional customer -focused website is one of our main
features to market our products and services. The NAFG website encourages our members to interact and
browse through products offered along with pricing and Information about National Auto Fleet Group. Inbound
marketing is created when potential members are directed to the company website. With this method, we
are able to not only connect with members but to put the purchasing ability into the hands of each member.
Our Inbound marketing strategy attracts members by creating valuable content and experiences tailored to the
needs of each Individual. Examples Include email campaign flyers on our products, Informative and how-to
videos, social media and engaging members with top -notched customer service to build brand awareness.
Email Marketing: One of the main strategies used to engage current and potential members is Email
Marketing. Our emails include different types of flyers that consist of Information of the Sourcewell contract,
promoting manufacturer brands, holiday therned flyers, discounts offered to first time buyers, important cutoff
date reminders and upcoming products and events.
The use of marketing campaigns plays a major role In enhancing the growth of our client database. Emails
are a big part of our daily lives due to government agency employees utilizing emails as their main source of
communication. We use campalgner.com as the emailing platform to reach our target members. Videos and
descriptive Images are used on all flyers and are compatible with a desktop or mobile device. Messages
are short and to the point with links leading to the Sourcewell and NAFG homepage. The Campaigner email
system allows the ability to track email activity based on open rate, unsubscribes and link clicks which is
beneficial to understanding email effectiveness.
Once potential members are directed to our website, they are welcomed with a wide range of options to
explore an array of our products and services. They are able to register to become a member, view pricing,
explore available in -stock vehicles, view how -to -videos, build a vehicle online to request an Immediate quote
or use our live chat assistant or cal€lemali for live support.
Face to Face Marketing Strategies: This strategy has proven to be successful in generating leads and
creating lasting relationships by developing genuine connections with prospective members. National Auto
Fleet Group attends several trades shows per year to engage members and put a face to the company. This
In person meeting aids to build the brand by nurturing relationships between members and other vendors
associated through the process. Trade shows attended include GFX, IAPPO, NIGP, ACT, CAPPO, and
CASBO throughout the United States.
NAFG has many opportunities to make in person presentations to propose products, services offered and to
answer any questions potential members may have. These PowerPoint Presentations include topics on
NAFG/Sourcewell process, how to facilitate the vehicle purchasing without bidding, informational videos, and
the brands and services we provide. These meetings have been held at local cities, counties, school districts,
water districts and ports.
Relationship Marketing is a vital strategy used in building and maintaining long-term relationships practiced by
National Auto Fleet Group on a daily basis.
NAFG strives to create a positive and supportive connection with members by providing personalized and
responsive customer service practices. The sales team has worked tirelessly to focus on providing
outstanding customer support to create a powerful rapport with existing and new members. By going above
and beyond, they have enhanced existing relationships and executed customer loyalty with repeat businesses.
They strive to deviate from the "Car Salesperson" mentality which is 100% sales driven to a more product
and customer service approach by instilling a sense of confidence in our clients. The goal Is to regularly
assist clients and address any needs and concerns even after the purchase has occurred. The strive to
focus on solution selling vs. product selling develops into a mutually beneficial agreement for members and
the business.
Below are a few examples on successful relationship marketing from our Fleet Department:
We had a member call in to request financing/lease options for a truck needed through our National Auto
Fleet Group/Sourcewell vehicle contract. I contacted another Sourcewell vendor, Matt Geiselhart from NCL
Gov Capital and he was happy to assist with a financing quote. The member also requested to trade In a
current vehicle In their fleet and was directed to Govdeals for assistance in removing the outdated unit
through an auction. The member was able to utilize three Sourcewell contracts to complete his transaction
which simplified the entire process. The member was very satisfied with the amount of care and ease
through his experience and became a repeat customer. By utilizing a cross -selling strategy, National Auto
Fleet Group became his one stop shop to fulfill all fleet vehicle purchasing needs.
"I had a member call in desperate to obtain a new truck because an employee had gotten into a serious
accident and had the truck totaled. Due to covid restrictions, most manufacturers are currently experiencing
microchip shortages which relays to production delays at the factory. We were able to direct buyer to our In -
stock inventory on the NAFG website and member was ecstatic to locate truck to meet their needs. Instead
of having to wait 30 weeks to receive the new vehicle, member was able to obtain the new truck within 3
weeks."
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'I once had a member contact us two years after purchasing a vehicle from us. They had a malfunction
with the liftgate on the box truck which caused a logistical nightmare. I was able to contact one of our body
vendors that upfitted the lift gate insiallalion and a service technician was able to go onsite to resolve the
Itftgate issue at no additional cost. The member was very impressed with the quality of our customer service
even after purchase. '
'1 had a member request a % ton truck pricing but was unsure about their budget at the time. I took the
time to go through each option with the client to provide a Sourcewell pricing quote through multiple
manufacturers from Ram, Chevrolet and Ford. This empowered the member to have multiple pricing options
for review to align with their budget as well as eliminating the need to shop anywhere else. '
'We work with many body companies to assist customers with the body upfitting process. One of our
members called In a request to expedite a particular vehicle that was held up at one of their local body
upfitters. I contacted the body company representafive and put in a request to expedite the upfitting per
request of the member. The body company was able to comply with the request and delivery was made
sooner than expected."
Word -of -Mouth Marketing: The positive quality of service has led to more sales based on previous
customers' impressions on their experience. NAFG's goal is to provide exemplary customer service
throughout the entire purchasing process to encourage repeat business and advocate services to other
members. NAFG has been fortunate to experience multiple instances of leads generated based solely on
word-of-mouth marketing though our existing customers.
Cross -promotion: National Auto Fleet Group Is currently collaborating with another Sourcewell Vendor, NCL
Government Capital to promote each other's products and services. NCL Government Capital specializes In
providing competitive equipment financing programs for municipalities and public education entities across the
United States. As a team, NCL and NAFG produced a variety of marketing materials such as videos, flyers
and Info graphs to promote purchasing and leasing opportunities.
Hoglund Bus Company is another cross -promotion vendor NAFG had the opportunity to create a partnership
with. Flyers were created to advertise Chassis from NAFG along with a variety of bus bodies from Hoglund
Bus Company.
With cross -promotion, companies exchange knowledge and provide endorsements on websites, social media,
and email campaigns. This strategy creates an influx of new leads, brand awareness, Increased sales and
recurrence of customers. National Auto Fleet Group will continue to create new partnerships and facilitate
more cross -promotion opportunities in the near future to provide turnkey solutions for a variety of vehicle
purchasing needs.
Coming in 2022, National Auto Fleet Group will be launching a NAFG Partner Website to further increase
business growth. The website www.nafgpartner.com is expected to launch next year in 2022. The site
encourages body upfitting companies throughout the United States to partner up with NAFG to become a
preferred member. The benefits of becoming a preferred member include endorsements on website and
social media avenues along with word-of-mouth referral for clients with upfitting needs. Our dedicated public
relations representative will conduct phone and In person meetings to discuss the advantages of partnering up
with NAFG, therefore generating more cross -promotion opportunities.
Members from government agencies are encouraged to go on the site to search for local body upfitting
companies they are Interested in working with. As a prerequisite in becoming a preferred vendor, they are
required to advertise NAFG and the Sourcewell contract on their business websito and refer their clients to
purchase their cab/chassis needs through NAFG. This establishes a partnership that will generate increased
sales all around. We are still currently building the website and interacting with body companies across the
United States that would be Interested In partnering up with NAFG.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
149 of 360
DocuSign Envelope ID: CF25B13B-7B0948BC-B85D-F1A7A7104FDA
36 Describe your use of technology and digital
Social media plays a crucial element In the way people communicate and connect with each other.
data (e.g., social media, metadata usage) to
Llnkedln Is the go -to platform used by NAFG as it offers a variety of ways to expand our network by locating
enhance marketing effectiveness.
and connecting with relevant professionals in the industry. National Auto Fleet Group has utilized Llnkedln to
engage current and potential members through personalized messages and posts. Personalized messages
Include thanking them for registering on site as well as directing them to on our link to the websfte, Llnkedln,
YouTube, Facebook and Instagram company pages. The goal is to unite with people already on our
database as well as people that would benefit from our products and services. Current Flyers or messages
about our company are also posted on the Llnkedln site to generate and attract more business. Time is
also spent on reading posts from connections and observe any needs that National Auto Fleet Group may
assist with.
National Auto Fleet Group has begun utilizing video marketing strategies to further promote and market
products by engaging on social media channels and email Byers. Programs such as Vimeo, Video Scribe,
Cartoon Animator, Adobe Animate, Illustrate, Captive, Photoshop and Movavi Video Editor Plus are employed
to edit and create videos to assist In endorsing our company. The following videos were recently created by
our marketing department along with outside video production companies:
Explainer Video: The first video created was a 90 second explainer video about National Auto Fleet Group
that used animated characters to visualize our products and services along with information on the Sourcewell
awarded contract. The video has been incorporated Into all our weekly email flyers and social media
platforms as an Informative video on our products and how to purchase vehicles off Sourcewell Government
Contract.
How To Videos: National Auto Fleet Group has also created step-by-step How -To videos on the process to
purchase both Light Duty and Heavy -Duty vehicles off the contract
In Stock Vehicles: This video showcases our in stock vehicles available and the process of requesting a
quote.
ETA Tracking System: This video was created to not only introduce but to encourage clients to self -track
their vehicle status.
Holiday Themed Videos: These amusing videos were created to celebrate the holidays and add humor and
lightness to our company and products sold.
Cross Promotion Video: This video markets our relationship with NCL Government Capital and Sourcewell to
endorse EV vehicles.
Videos for social media: Mini videos were created to advertise new vehicles available, pricing and cutoff
dale reminders.
NAFG has recently Introduced a newly built live chat feature on our website for customer convenience as well
as Improving customer service. Visitors have access to chat with a live sales representative 24 hours a day,
7 days a week. With this feature potential customers are provided with another avenue for assistance In
addition to emalling and phone calls. The benefits of a live chat option include quicker response time to
assist buyers in reaching a purchasing decision and answer their questions.
Improving customer service will also load to Increased sales, customer loyalty and engagement. Many studies
have shown a strong correlation between live chat and Increase in conversion rates. Potential clients
appreciate having their questions answered in real-time when trying to build a vehicle quote online and
allowing the user to multi -task different projects.
37 In your view, what is Sourcewell's role In
Sourcewell's mission states: "Our commitment to service and exceeding client expectations." This statement
promoting contracts arising out of this RFP7
Integrates with our relationship marketing strategy with our commitment to go above and beyond for all our
How will you integrate a Sourcewell-awarded
members. Sourcewell is a trusted brand that government entities can rely on to access a wide variety of
contract Into your sales process?
products and services for their everyday needs. With over 40 years of partnerships and relationship building,
they are the glue that connects government, education, and nonprofit agencies to companies of all sizes to
offer turnkey solutions to their needs.
Sourcewell Is also a reliable resource for vendors by not only connecting with potential prospects but by
providing valuable marketing materials readily available for download on their website. Resources and tools
provided Include flyers, vendor training videos along with compliance information.
The Sourcewell brand Integrates a thorough documentation review of all vendors prior to awarding their
cooperative contracts to ensure products and services are from reputable vendors. The brand provides a
sense of legitimacy of our company name and members recognize that products and services are from
reliable sources that will meet their needs.
Sourcewell's aim Is to simplify the purchasing and procurement process of government entities by eliminating
the costly bidding procedure. The process of researching the right vendor is not only stressful and time-
consuming but can be expensive as well. Sourcewell has completed the bidding for government entities
which simplifies the overall purchasing process by providing access to competitively bid contracts procured by
a government agency.
Sourcewell has provided NAFG with overwhelming opportunities to work with government agencies across the
United States. The Sourcewell name represents a high standard of integrity and ethics which is a dynamic
National Auto Fleet Group is proud to be part of. Sourcewell members have access to a contract that is
more flexible than the standard bidding process. Sourcewell is an organization that alds government entities
to stay competitive without the frustrations and issues involved with the traditional bidding process. This
contract can be customized to meet the unique needs of each client. The sales team has incorporated not
only this standard of integrity In their sales practice ensuring clients' purchasing needs will always be met.
The cost savings and stress -free nature of the cooperative contracts favors that of the traditional bldding
process. It enables vendors to work with qualifying government entities in a more efficient manner. We vow
to maintain these levels of standards across the board throughout all departments within the company.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
150 of 360
DocuSign Envelope ID: CF25B13B-7B0948BC-B85D-F1A7A7104FDA
38 Are your products or services available Our website provides a hands-on empowering approach to ordering vehicles online. Clients can search
through an e-procurement ordering process? If through many vehicles makes and models with the ability to customize a vehicle tailored to their specific
so, describe your e-procurement system and needs of their agency. A personalized quote with pricing can be available in as little as 5 minutes
how governmental and educational customers depending on the complexity of the vehicle. If upfitting is needed, the buyer can list the details of the up -fit
have used it. while building their vehicle on our website to receive a complete quote or a sales representative can be
reached through phone, email or our new live chat feature built on our website.
Table 8: Value -Added Attributes
Line Item Question
39 Describe any product, equipment,
maintenance, or operator training
programs that you offer to Sourcewell
participating entities. include details, such
as whether training Is standard or
optional, who provides training, and any
costs that apply.
40 Describe any technological advances that
your proposed products or services offer.
41 Describe any 'green- Initiatives that relate
to your company or to your products or
services, and Include a list of the
certifying agency for each.
42 Identify any third -party issued eco4abels,
ratings or certifications that your company
has received for the equipment or
products Included In your Proposal related
to energy efficiency or conservation, life -
cycle design (cradle -to -cradle), or other
greenlsustalnabllity factors.
43 Describe any Women or Minority
Business Entity (WMBE), Small Business
Entity (SBE), or veteran owned business
certifications that your company or hub
partners have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
44 What unique attributes does your
company, your products, or your services
offer to Sourcewell participating entities?
What makes your proposed solutions
unique in your Industry as It applies to
Sourcewell participating entitles?
We have recently created and uploaded a `How -To Videos' section on the homepage of our website which
highlights a step-by-step process on how to build an online quote. This Informative video demonstrates how
to navigate the website in how to generate a vehicle quote with or without upfitting options. It begins by
explaining how to register on our website as a member and then details on how to select vehicle model and
type and the factory options needed.
Once a customized quote is built, clients have the option to finalize the sales transaction by submitting a
purchase order to our sales team via email. This gives complete autonomy to the client to purchase vehicles
without the need to speak to a sales rep. If assistance is needed, they can contact sales through email, live
chat or phone.
If assistance is required to build a quote, our sales rep is also available to walk a client through the e-
procurement process step by step. This ensures someone is available to answer any questions If needed
and empowering the client to make any future purchases on their own. Clients may also call or email the
needs of the company and receive a customized vehicle quote.
Response`
National Auto Fleet Group extends any and all product, equipment, maintenance and operating programs
provided by the Manufacturer dlrectiy to Sourcewell parlicipating entities during the quoting process. The
manufacturer will provide quotes to the member based on the vehicles class and size, and geographic location.
NAFG will always pass these quotes onto members and treat them like an upfit to the vehicle.
Technological accomplishments by Manufactures like Ford Motor Company and General Motors serve members
by keeping many models available for members to choose from. Additionally, NAFG allows members the ability
to choose to electrify their vehicle by opting into the Motive Power Systems we can still help supply this kind
of an upfd. For more information, we have attached the product and pricing information within the 'Upf is
Available- and 'All 15 Manufactures' ZIP files under the supporting documents portion of the application.
. National Auto Fleet Group helped create the Climate Mayor Purchasing Collaborative by partnering with over
400 Mayors nationwide. This initiative was created for the benefit of members who wanted to create and
sustain an all -electric fleet. We offer 100% purely electric vehicles your members to choose from. Some popular
models include the Chevrolet Boll, Ford Fusion, Ford Mustang Mach-E, as well as Ford's all electric F-150. We
are confident that as more OEM's continue to manufacture new electric vehicles, we will provide them for
members to select from. More information about this initiative can be found at www.Ddveevfleat.org
NAFG has the California Air Resource Board (CARE) Certificate as well as the Ford Qualified Vehicle Modifier
Certificate on file with some of our partner suppliers and upfitters hold these certifications and these
certifications help illustrate how each vehicle conserves energy and remains energy efficient.
NAFG holds a current partnership with many suppliers some of which are veteran owed such as Pacific Truck
Body located In CA. Our Ford, Chevrolet and Ram,Jeep,Dodge,Chryster stores are jointly owned and operated
by Minorities.
. National Auto Fleet Group was not only built on dedication and hard work, but also through quantifiable
metrics that directly measure the results of our efforts to ensure real goals are being measured and met.
Through measuring results, NAFG takes responsibility in ensuring we deliver only the best customer care to
your members. NAFG offers members 24 hour website access to customer support to personably walk
members through any questions they may have. No matter what the issue may be, we always think outside the
box to help members find a solution.
Bid Number: RFP 091521
Vendor Name: 72 HOUR LLC
151 of 360
DocuSign Envelope ID: CF25B13B-7B0948BC-B85D-F1A7A7104FDA
Table 9A: Warranty
Describe in detail your manufacturer warranty program, Including conditions and requirements to qualify, claims procedure, and overall structure. You
may upload representative samples of your warranty materials (if applicable) In the document upload section of your response in addition to
responding to the questions below.
Line Item Question
I45 Do your warranties cover all products, parts, and labor?
46 Do your warranties impose usage restrictions or other
limitations that adversely affect coverage?
47 Do your warranties cover the expense of technicians' travel
time and mileage to perform warranty repairs?
48 Are there any geographic regions of the United States or
Canada (as applicable) for which you cannot provide a
certified technician to perform warranty repairs? How will
Sourcewell participating entities in these regions be provided
service for warranty repair?
49 Will you cover warranty service for Items made by other
manufacturers that are part of your proposal, or are these
warranties Issues typically passed on to the original
equipment manufacturer?
50 What are your proposed exchange and return programs and
policies?
51 Describe any service contract options for the items included
in your proposal.
Table 913: Performance Standards or Guarantees
Response"
Each of the 15 manufactures we represent cover their own products, parts, and labor. All
warranty information may be found in our attachments under the ZIP File "AII 15
Manufactures".
Prior to purchase, members should be aware of each manufacturer's restrictions. Such as
improper use of the vehicle may result in disqualification of coverage under the OEM's
warranty. An example of this may be an F-350 being used for a police related pursuit, which
may void certain warranties. Although, we always welcome and encourage members to
contact us for their particular warranty coverage.
In some cases, manufacturers will tow a member's vehicle to the nearest warranty repair
facility in case of a breakdown and cover expenses, but prior approval Is required.
This may vary from manufacturer to manufacturer. Thus, we encourage members to call in
prior to purchase and inquire about their specific region and how their warranty repairs will
be covered with their manufacturer.
All warranties are typically passed on to the original equipment manufacturer and any upfit
warranty will be passed on to the upfitter to perform.
If a member changes their mind, NAFG will quickly make every effort to change or cancel
the order with the factory. However, once the manufacturer begins producing the vehicle, there
are no changes, exchanges, or refunds available. The order is then deemed non -cancellable.
This includes any upfit equipment an upfitter has ordered for the unit.
NAFG offers any and all manufacturer service contracts for all members. There are several
parameters in which a service contract may be customizable. These customized service
contracts will be treated as add factory options and following the same discount schedule
provided In the pricing file.
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may
upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the
questions below.
Line Question Response
Item
52 Describe any performance standards or guarantees The only guarantee we can ever provide is the guarantee that we will treat and help every member
that apply to your services that contacts with respect, integrity and professionalism.
53 Describe any service standards or guarantees that NAFG and staff uphold high standards with how we provide service to the members, not only holding
apply to your services (policies, metrics, KPIs, etc.) each other accountable but by embracing member feedback of how we can Improve. Then we act
upon it and Implement Improvements.
Table 10, Payment Terms and Financing Options
Line
item Question Response"
54 Describe your payment terms and accepted payment Standard payment terms are Net 20, with a 10 — day grace period.
methods?
55 Describe any leasing or financing options available for . In order to provide leasing or financing options, NAFG has partnered with National Cooperative Leasing to
use by educational or governmental entities.
offer leasing terms for Sourcewell members for all NAFG quotes under the Sourcewell contract. For further
review, we have attached a PDF called "NCL Sample Lease" in the 'Member Walk Through" Zlp Sle.
56 Describe any standard transaction documents that you
National Auto Fleet Group's transaction process (Purchase Order) Is closely tracked, well documented, and
propose to use in connection with an awarded contract
neatly organized to monitor each transaction performed through our Sourcewell Contract. This way, NAFG may
(order forms, terms and conditions, service level
produce swift and accurate quarterly reporting.
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
57 Do you accept the P-card procurement and payment
Yes, NAFG accepts up to $2,500 per vehicle. However, any dollar amount higher than $2,500 will require a P-
process? If so, is there any additional cost to
card/ Credit Card transactional fee that would be passed onto the member
Sourcewell participating entities for using this process?
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
152 of 360
DocuSign Envelope ID: CF25B13B-7B0948BC-B85D-F1A7A7104FDA
Table 11: Pricing and Delivery
Provide detailed pricing information In the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of
an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line question
Item
58 Describe your pricing model (e.g., Ilne-Item discounts or product -category
discounts). Provide detailed pricing data (including standard or list
pricing and the Sourcewell discounted price) on all of the Items that you
want Sourcewell to consider as pan of your RFP response. If applicable,
provide a SKU for each Item in your proposal. Upload your pricing
materials (if applicable) in the document upload section of your response.
59 Quantify the pricing discount represented by the pricing proposal In this
response. For example, if the pricing in your response represents a
percentage discount from MSRP or list, state the percentage or
percentage range.
60 Describe any quantity or volume discounts or rebate programs that you
offer.
61 Propose a method of facilitating 'sourced' products or related services,
which may be referred to as 'open market` items or 'nonstandard
options'. For example, you may supply such Items 'at cost" or 'al cost
plus a percentage; or you may supply a quote for each such request.
62 Identify any element of the total cost of acquisition that is NOT Included
In the pricing submitted with your response. This includes all additional
charges associated with a purchase that are not directly Identified as
freight or shipping charges. For example, list costa for Items like pre -
delivery inspection, installation, set up, mandatory training, or Initial
Inspection. Identify any parties that impose such costs and their
relationship to the Proposer.
63 If freight, delivery, or shipping is an additional cost to the Sourcowell
participating entity, describe In detall the complete freight, shipping, and
delivery program.
64 Specifically describe freight, shipping, and delivery terms or programs
available for Alaska, Hawaii, Canada, or any offshore delivery.
65 Describe any unique distribution and/or delivery methods or options
offered In your proposal.
Table 12: Pricing Offered
Response'
National Auto Fleet Group is offering Line -Item Discounts Off Manufacture
Suggested Retail Price for 15 manufacturers that is detailed in the Price File.
NAFG W11 also offer any Upfits to be added to any and all vehicles' that members
wish to add. Details are located on the Price Summary Page in the Price File.
NAFG has an provided offerings from 15 Brands/OEMS and there respective
percentage off vary and are detailed In the "Price File' zip
Each Manufacture Range is detailed in the tabs below, here is an
overview
Chevrolet from -.077 to 24.45 %
Ford Motor Company from -5.19 to 23.31 %
GMC from 6.14 to 22.45 %
Ram from 4.99 to 14.23 %
Dodge from 3.09 to 9.96 %
Jeep from 1.38 to 4.17 %
Chrysler from 1.65 to 4.55 %
Toyota from .03 to 8.98 %
Honda from 1.34 to 4.9 %
Nissan from -.085 to 14.61 %
Buick from 2.36 to6.08
Ma from .69 to 8.39 %
BMW from 3.8 to 4.77 %
Cadillac from 4.22 to 6.77 %
Volkswagen from 2.17 to 2.46 %
If clients are considering an order of 150 or more units, we encourage members
to contact us for any additional discounted quotes.
'Open Market' products or 'Sourced Goods' will be considered and treated as
regular upfts. However, they may be quoted up to a 10% mark up, If applicable.
All considerations have already been taken into account in its entirely. The Price
Summary Page and Price Table contained in the price file includes all considered
costs. Although if a member requested a specialized quote for a unique situation
that requires special training, direction, or installation, the additional costs would be '
added as a pan of the upfit and then included inside the member's quote.
All manufactures charge a standard "Factory Destination Charge'. However, that is
separate from the frelghtldesfination cost that members may Incur to ship a vehicle
to and from an Installer, If applicable. These subsequent locatlonal movements may
bare additional freight costs that will be outlined within the members quote for
their review prior to purchase.
Freight, shipping, and delivery terms among these regions sometimes carry
additional logistical charges for added ferry, port and driver costs from both to and
from the mainland. These added costs will be disclosed on the quote for
members to review and approve prior to purchase.
National Auto Fleet Group already has a well -established Automobile Franchise
Distribution Network that allows for swift and relatively seamless delivery to
members and their end users.
Line Item The Pricing Offered in this Proposal Is: • Comments
66 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. NAFG Strives to offer the best
overall value to the member with
each and every quote.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
153 of 360
DocuSign Envelope ID: CF25B13B-7B0948BC-B85D-F1A7A7104FDA
Table 13: Audit and Administrative Fee
Line Rem question
67 Specifically describe any self -audit process or program that you plan to employ
to verify compliance with your proposed Contract with Sourcewell. This process
includes ensuring that Sourcewell participating entities obtain the proper pricing,
that the Vendor reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail
to support your ability to report quarterly sales to Sourcewell as described in the
Contract template.
6B If you are awarded a contract, provide a few examples of Internal metrics that
will be tracked to measure whether you are having success with the contract.
69 Identify a proposed administrative fee that you will pay to Sourcewell for
facilitating, managing, and promoting the Sourcewell Contract In the event that
you are awarded a Contract. This fee is typically calculated as a percentage of
Vendors sales under the Contract or as a per -unit fee; it is not a tine -item
addition to the Members cost of goods. (See the RFP and template Contract for
additional details.)
Response*
Sourcowell participating members are able to obtain proper pricing directly
from our website, where they are able to use our user-friendly design to
build and price their vehicles. The NAFG Is updated daily to reflect
updated manufacturer MSRP Information. Our system will provide members
with an accurate quote 99.99% of the time. In addition, NAFG has a
stream line and organized process hat calculates administrative fees and
allows NAFG to give a turnaround time of 15 — 30 days for quarterly
reports.
One of the Internal metrics NAFG uses to track and measure success
with the Sourcewell Contract is maintained through our webslte. Our
website keeps a detailed log of quotes that members are generating. We
oversee and keep track of how many quotes are being generated and
which quotes are met with a purchase order. Every month we evaluate our
sales indicators and closely monitor the volume and frequency of sales.
One example is by evaluating which members are purchasing from our
platform — new members or frequent members to ensure we are growing
our member base. We use these metrics to measure our projected growth
rate and work to exceed our expectations.
NAFG will submit $ 300 per vehicle purchased through NAFG and $ 200
per vehicle purchased though our partner dealer Alan Jay Automotive. For
the purpose of an admin fee there are no other partner dealer groups
considered.
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line Question
item
70 Provide a detailed description of the equipment,
products, and services that you are offering In your
proposal.
71 Within this RFP category there may be subcategories
of solutions. List subcategory tilles that best describe
your products and services.
Response*
NAFG has provided a "Model Roll Out" Charts in the "Price File' zip, but of the 15 manufacturers we
represent, they have over 100 makes and models for members to choose from that range from Class
1-3 and supporting Class 4 Cab and Chassis trucks. NAFG's platforms can add any upfit of their
choosing, ranging from toolboxes to Line Mechanic Bodies. Any and all upfits can be added to any
one of our vehicles through one of our upfit partner suppliers or by an upfit supplier of the members
choosing. NAFG and the supplier will work together to supply members with turnkey quotes.
National Auto Fleet Group lists the makes and models of all 15 manufacturers we represent under the
ZIP File "AII 15 Manufactures'. These 15 OEMs make up over 100 combined makes, models, and
engine combinations for members to select from along with several subtitle 'Upfits" detailed for
members in the price file.
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments In the text box
provided, as necessary.
Line Item
Category or Type
offered
Comments
72
Automobiles
r Yes
15 Manufacturers totaling well above 700
r No
makes and models
73
Sport Utility Vehicles
r" Yes
15 Manufacturers totaling well above 700
r No
makes and models
74
Vans
r" Yes
15 Manufacturers totaling well above 700
r No
makes and models
75
Trucks
r" Yes
15 Manufacturers totaling well above 700
r No
makes and models
76
Vehicles described In Lines 72-75 above for Public Safety
r. Yes
15 Manufacturers totaling well above 700
applications
r No
makes and models
77
Conventlonal Internal combustion models
r: Yes
15 Manufacturers totaling well above 700
r No
makes and models
78
Natural gas or propane autogas, hybrid, or alternative fuel
a Yes
15 Manufacturers totaling well above 700
models
r No
makes and models
79
Electric powered models
r Yes
15 Manufacturers totaling well above 700
r No
makes and models
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
154 of 360
DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA
Table 15: Exceptions to Terms, Conditions, or Specifications Form
Line Item 80. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a
Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract
section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and
proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Tenn, Condition, or Specification Exception or Proposed Modification
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word. Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded
document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than
one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan
category save the document as "Marketing Plan."
• Pricing - NAFG Price File for Bid 091521.zip - Monday September 13. 2021 19:29:27
• Financial Strength and Stability - Market Success and Financial Stability.zip - Monday September 13, 2021 19:30:12
• Marketing Pian]Samples - Marketing Plan Compressed.zip - Tuesday September 14, 2021 11:38:30
• WMBElMBElSBE or Related_Q_?,r ates - Insurance and Related Documents.zip - Tuesday September 14, 2021 11:40:18
• Wairranty Information - Warranties RFP 091521.zip - Tuesday September 14, 2021 11:40:36
• Standard Transaction Document -Samplq$ - Standard Transactiorl - Monday September 13, 2021 19:54:48
• Uoload Additional D_ggWnprf - ALL 15 Makes and Upfits.zip - Tuesday September 14, 2021 11:35:54
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
155 of 360
DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and
Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its
residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award,
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created
without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been
created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or
business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free
trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual
or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to
an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity
in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized
agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
G. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms,
conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver
such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell
Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an
awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential' (or "nonpublic," etc.), either substantially or in their entirety.
Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is
awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade
secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States
Department of the Treasury found at: https;//www treasury,ggvlofacld�adslsdriltst odf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httosJlsam gov1SAMI; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota;
the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither It
nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
rr By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the
Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not
be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jesse Cooper, Fleet
Manager, 72 Hour LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or
potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes a No
The Bidder acknowledges and agrees that the addendumiaddenda below form part of the Bid Document.
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
156 of 360
DocuSign Envelope ID: CF25B13B-7B09-48BC-B85D-F1A7A7104FDA
Check the box in the column I have reviewed this addendum" below to acknowledge each of the addenda,
I have reviewed the
File Name
below addendum and
Pages
attachments (if
applicable)
Addendum_6_ Autos _SUVs_Vans _Trucks_RFP 091521
R
Wed September 8 2021 06:27 PM
1
Addendum_5_ Autos_SUVs Vans_ Trucks_RFP_091521
r
Tue September 7 2021 07:28 PM
2
Addendum_4_ Autos SUVs_Vans_Trucks_RFP_091521
Thu August 26 2021 05:55 PM
Addendum-3— Autos_SUVs_Vans_Trucks RFP_091521
Mon August 23 2021 09:47 AM
Addendum-2— Autos_SUVs_Vans_Trucks_RFP_091521
Sun August 8 2021 09:02 PM
Addendum_1_ Autos_SUVs_Vans_Trucks_RFP_091521
Thu August 5 2021 03:58 PM
Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC
157 of 360
i�
Sourcewell
I(
Iwn,lilyflJPA
iMlrll(lEil (l�lllfh�
863-402-4234
chris.wilsonC=1alaniay.com scott.wilsoncbalaniay.com Christy-sef#Clalaniay.com
ROW YEAR MODEL CODE
MODEL DESCRIPTION
CONTRACT
M5RP
33 2023 TG33405
2023 GMCSAVANACARGO3500135" WB iNO REAR GLASS)
PRICE
34 2023 TG33705
$40,600
$34,433
2023 GMC SAVANA CARGO 35DO 155" WB (NO REAR GLASS)
35 2023 TG335031WT
2023GMCSAVANA COMMERCIAL 3500SRWCUTAWAY 139"W89,900GVWR
$42,400
$35,213
$35,OD0
$28,973
36 2023 TG338031WT
2023GMC SAVANA COMMERCIAL 3500CUTAWAY lWT159"WB10,050GVWR
$36,000
37 2023 TG339031Wr
2023 GMCSAVANA COMMERCIAL 3500 CUTAWAY 1WT 177"WB
$29,949
!
12,3GOGVWR
$36,500
$30,436
38 2023 TG338D3 2W7
2023 GMC SAVANA COMMERCIAL 4500 CUTAWAY 2WT 159"WB
14,200 GVWR
$38,300
$32,191
39 2023 TG33903 2 WT
2023 GMC SAVANA COMMERCIAL 4500 CUTAWAY 2 WT 177W8 14,200 GVWR
40 2023 T2M53 2VL
2023 GMC CANYON EXTENDED CAB 2WD 6' BED 1283" WB
$39,300
$33,166
41 2023 T2NS3 2LE
2023 GMC CANYON EXTENDED CAB 2WD 6' BED SLE 128.3" W8
TBA
TBA
42 2023 T2M53 4VL
2023 GMC CANYON EXTENDED CAB 4WD 6' BED 128.3" WB
TBA
TEA
43 2023 T2M43 2VL
I
2023 GMC CANYON CREW CAB 2WD S' BED 128.3" WE.
TBA
TBA
44 2023 T2N43 2LE
�
2023 GMC CANYON CREW CAD 2WD 5' BED SLE 128.3" WB
TBA
TBA
45 2023 T2N43 4LE
2023 GMC CANYON CREW CAB 4WD 5' BED SLE 128.3" WB
TBA
TBA
1
46 2023 T2N43 45B
2023 GMC CANYON CREW CAB 4WD 5' BED AT4 128.3" WB
TBA
TBA
47 2023 T21J43 41.E
2023 GMC CANYON CREW CAB 4WD 6' BED SLE 140.5" WB
76A
TBA
48 2023 T2U43 45B
2023 GMC CANYON CREW CAB 4WD 6' BED AT4 140.$" WB
TBA
T8A
49 2023 TC10703 1SA
2023 GMC SIERRA 1500 REGULAR CAB 2WD 6.5' BED WORK TRUCK
TBA
TBA
126" WB
536,400
$32,767
50 2023 TK10703 1SA
2023 GMC SIERRA 1500 REGULAR CAB 4WD 6.5' BED WORK TRUCK 126" WB
51 2023 TC10903 i5A
2023 GMC SIERRA 1500 REGULAR CAB 2WD 8' BED WORK TRUCK
$41,000
$36,737
52 2023 TK10903 1SA
140" Wg
$36,600
$32,968
2023 GMC SIERRA 1SOO REGULAR CAD 4WD 8' BED WORKTRUCK 140" W8
$41,200
5 -i 2023 TC10753 1SA
2023 GMC SIERRA 1500 DOUBLE CAB 2WD 6.5' BED WORK TRUCK 147" WB
$36,939
54 2023 TC10753 35A
2023 GMC SIERRA 1500 DOUBLE CAB 2WD 6.5' BED SLE 147" WB
$39,700
$33,061
S5 2G23 TK20753 1SA
2023 GMC SIERRA 1500 DOUBLE CAB 4WD 6.5' BED WORK TRUCK
$47,700
$40,437
56 2023 TK10753 35A
147" WB
$43,000
$35,726
2023 GMC SIERRA 1500 DOUBLE CAB 4WD 6.5' SED SLE 147" W8
57 2023 TC10543 1SA
2023 GMC SIERRA 1500 CREW CAB 2WD 5.5' BED WORK TRUCK 147"
$51,000
$43,056
58 2023 TC10543 3SA
WB
542,100
$35,362
2023 GMC SIERRA 1500 CREW CAB 2WD 5.6' BED SLE 147" WB
59 2023 TK10543 iSA
2023 GMCSIERRA 1500CREW CAS 4WD5.5' BED WORK TRUCK 147"
$50,1D0
$42,709
WB
$45,400
.>38,028
60 2023 TK10543 35A
2023 GMC SIERRA 1500 CREW CAB 4WD 5.5' BED SLE 147" WB
61 2023 TK10543450
2023GMC SIERRA 1500CREW CAB 4WD 5.5'BEDAT4 147"WB
$53,400
;i45,329
62 2023 TK10743 1SA
2023 GMC S(ERRA 1500 CREW CAB 4WD 6.5' BED WORK TRUCK
$64,400
;56,234
63 2023 TK10743 3SA
157" WD
545,700
438,329
2023 GMC SIERRA 1500 CREW CAB 4WD 6.5' SED SLE 157" WB
$53,700
64 2023 TKID743 4SB
2023 GMC SIERRA 1500 CREW CAB 4WD 6.5' BED AT4 157" WB
$45,625
$64,704
$56,531
GMC
158 of 360
211/23, 2:29 PM Sebastian, FL Code of Ordinances
Sec. 2-10. - Procurement of goods and services.
(a) Applicability. Except as specifically set forth herein, all procurements for goods and services for
the city shall fall under the ultimate responsibility of the charter officer utilizing the goods or
services (hereinafter called the "purchasing officer"), and shall be effected in accordance with this
section.
(b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and
supplies unless otherwise exempt under this section is subject to competitive bid procedures as
follows:
(1) Up to $2500.00—Purchasing officer or their designee may authorize purchase.
(2) $2500,01 to $5,000.00—Two or more verbal quotes where practical; purchasing officer or
designee may authorize purchase.
(3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may
authorize purchase.
(4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required.
(5) Over $25,000.00—Formal sealed bids and city council authorization required.
(c) Exceptions to thresholds.
(1) jointbi&The purchasing officer shall have the authority to cooperate with other local
governments or other public entities in the development and use of mutually cooperative
procurement contracts or master agreements. Such contracts shall require council approval.
(2) Piggyback: The purchasing officer shall have the authority to utilize contracts or master
agreements of state, federal or other local governments or other public entities to procure
goods and services, if the contract or agreement has been awarded through procedures
substantially equivalent to the requirements of this section. The purchasing officer shall have
the authority to procure goods and services if the purchase is with a person, firm,
organization, or corporation whose offer to sell to the city is at sale price for that commodity
equal to or lower than the existing piggyback price for the same or equal commodity being
sought. All such purchases over $15,000.00 shall continue to require council approval.
(3) Sole source. A contract maybe awarded for goods or services without competitive bids when
the purchasing officer determines in writing that there is only one practical source for the
required item. Approval shall be in accordance with the dollar threshold established by this
section.
(4) Emergency purchase. Where the purchasing officer finds it to be in the best interest of the
city, they may declare the existence of an emergency procurement condition and suspend
any or all provisions of this section. Spending authority under this provision shall not exceed
$25,000.00, however, if a state of emergency covering the city has been declared the limit
159 of 360
about:blank 113
2/1/23, 2:29 PM
Sebastian, FL Code of Ordinances
shall be raised to $50,000.00. All emergency purchases over $15,000.00 shall be reported to council as soon
as practical. As used in this section, the term "emergency" means a sudden unexpected turn of events that
causes:
a. An immediate danger to the public health or safety;
b. An immediate danger of loss of public or private property;
c. An interruption in the delivery of an essential governmental service; or
d. An interruption in the normal function and operation of any city department that would
result in a work stoppage or other substantial monetary loss.
(5) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent
of the total contract price. Changes in excess of 15 percent of the total contract price or any
change in excess of $15,000.00 must have the prior approval of the city council.
(6) Contract renewals. Any contract containing a provision for renewal maybe renewed in
accordance with its terms. Authorization for approval shall be in accordance with the dollar
threshold established by this section.
(d) Exemptions to applicability. This section shall not apply to:
(1) Purchases between the council and nonprofit organizations, other governments, or other
public entities, and intragovernmental services.
(2) Purchases of advertising, works of art for public display, medically related professional
services, employee benefit related purchases, water, utility services, postage,
shows/displays/cultural events sponsored by the city.
(3) Purchase of real property.
(4) Professional and personal service contracts including but not limited to attorney services,
appraisers and expert witnesses services, which shall be approved by the city council if in
excess of $15,000.00.
(5) Procurement of goods and services when the same is governed by a mandatory procedure
established by statute.
(6) Franchise, sponsorship or joint enterprise agreements.
(7) Any situation where compliance with this code will place the city in conflict with mandatory
provisions of state law, federal law or the terms of any grant.
(e) Prohibitions. No contract or purchase shall:
(1) Be purposely subdivided to circumvent any requirements of this section.
(2) Be made in excess of the amounts allocated from the general fund for the general
classification of expenditures in the budget for the then current budget year, nor shall any
expense of a special fund exceed the amount of money available to that fund.
(f)
160 of 360
about:blank 213
MOF
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: February 8, 2023
Agenda Item Title: Training Ammunition for Police Department
Recommendation: Staff respectfully requests City Council to approve the purchase of Forty
Thousand (40,000) pistol rounds of 1 Omm ammunition for training purposes
in keeping with Department Policy.
Backeround: The requested purchase represents ammunition required to meet
Departmental pistol training requirements for the year. The ability to locate and purchase 10mrn ammunition
is extremely difficult. Several vendors were contacted, with the majority advising 10mm is either limited or
unavailable and they were unable to advise when additional ammunition would be produced. Of the three (3)
vendors that currently have availability, Lou's Police Distributors, is the most inexpensive and therefore, the
most advantageous to meet the required needs of the Police Department as the ammunition is currently in
stock and available to be delivered.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: $19,275.00
Total Cost: $19,275.00
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1. Three Vendor Quotes
2. Quotation Form
Administrative Services Department Revi :' L
City Attorney Review:
Procurement Division Review, - applic�Ie.Z40��e�
City Manager Au
thorization
Date:
161 of 360
GOLD COAST
ARMORY
Quote Prepared For.
Rachel J. Cannon
Ship To:
Sebastian Police Dept.
1201 Main Street
Sebastian, FL 32958
Product
Snl- SE
SB10A-CASE
Rep: Brittany
Date: 1/20/2023
Vard until: 1/27/2023
Description Rnds/ea Qty Total Rnds Price Total
Blazer Brass 10mm 180 Gr FMJ (Case) 1000 25 25000 $57999 $14,499.75
Sellier & Bellot 10mm 180 Grain FMJ (Case) 1000 12 12000 $599.99 $7,199.88
Sub Total: $21,699.63
Freight w/ t[ftgate: $284.00
Grand Total: $21,983.63
162 of 360
Lightspeed Retail - Print
1/17/23, 3:09 PM
•w:ttiolr.: • •
2911 Oxbow Circle
Cocoa, Florida, 32926
United States
(321) 452-4640
Company: SEBASTIAN POLICE
DEPARTMENT
Customer: SEBASTIAN POLICE
DEPARTMENT
1201 MAIN STREET, SEBASTIAN, FL, 32958,
US
Hem
AE 10MM AMMO,180GR, FMJ -1000 RIDS - CASE*
SHIPPING 8r INSURANCE - PACKAGES WILL BE INSURED FOR $W THE CUSTOMER MAY
PURCHASE ADD'L INSURANCE. CLAIMS FOR LOSS OR DAMAGE SUSTAINED AFTER
ACCEPTED BY THE CARRIER MUST BE SETTLED BETWEEN THE CUSTOMER AND THE
CARRIER.*
*"'WAIVED WHEN ORDER PICKED UP AT STORE LOCATION'' *
***QUOTE IS VALID FOR 30 DAYS****
Total Rem Count: 42
Quote
01/17/2023 3:09 pm
2125
MOW145770
Register. Agency
Employee. VICTORIA
A Price
40 $25977.60
1 $0.00
1 $0.00
Let us know how we didi Google B&H Police Supply and
leave us a reviewl Also, see our Facebook page and like us Subtotal $25977.60
for news, updates, and specialsl Total Tax $0.00
Total $25977.00
ALL FIREARMS, AMMUNITION AND SPECIAL ORDER SALES ARE FINAL. ALL RETURNS AND/OR EXCHANGES ON
OTHER PRODUCTS MUST BE MADE WITHIN 30 DAYS AND HAVE AN ORIGINAL RECEIPT. ITEMS MUST BE IN
ORIGINAL PACKAGING AND UNUSED. THANK YOU FOR YOUR BUSINESS. PURCHASE CANCELLATIONS ARE
SUBJECT TO A 15% RESTOCKING CHARGE - NO EXCEPTIONS! - DEPOSITS ARE TRANSFERRABLE.
* No Tax Applied
Thank You SEBASTIAN POLICE DEPARTMENTI
2200001 457706
https.ijus.merchantos.com/API/Accountil94246/DisplayTemplate/Saie/...I?tamplate=SalaRecelpt&print=l&page_width=auto&page—height=2000mm Page 1 of 2
163 of 360
Lou's Police Distributors, Inc.
Quotation
7815 West 4th Ave
DATE 1 /17/2023
Hialeah, FL 33014
Quotation # 0117jZ
Phone (305) 416-0000 Fax (305) 824-9205
Customer ID SPD
Jeff (culousvoiice.com
Bill To;
Quotation valid for. 30 Days
(Sebastian Police Department
Prepared by: Jeff Ziegler
1ATTN Rachel Cannon
{1201 Main St.
Sebastion, FL 32958
Comments or special instructions:
Item Number Description Q-Y Price per
Extension
Unit
5221 CCI Blazer 10mm Ammunition, 180 Grain FMJ, Brass Casing, 1000 40 $ 475.00
$ 19,000.00
Round Case
Shipping (Pallet) 1 $ 275.00
$ 275.00
TOTAL
$ 19,275,00
164 of 360
qVDF
SERAP
HOME OF PUICAN ISLAND
CITY OF SEBASTIAN
Procurement Quotation Process
Use this form when havine to obtain quotes to satisfv the Procurement Ordinance 0-06-01
QUOTES REQUIRED FOR ORDERS $2500.01 AND UP
ORDERS OVER $15,000.00 REQUIRE COUNCIL APPROVAL - ATTACH COUNCIL MEETING MINUTES, IF APPUCABLE
Department: POLICE DEPARTMENT Employee Obtaining Quotes: RACHEL CANNON
Item Description: 40,af00 ROUNDS 10MM TRAINING AMMUNITIONI
VENDOR #1
VENDOR NAME:LOU'S POLICE DISTRIBUTORS
CONTACT NAME,
EMAH, ADDRESS:
DATE/ TIME
CONTACTED:
EXPECTED
DELIVERY T[NIF.
COMMENTS:
T815 WEST 4TH AVE
AIALEAH, FL 33014
305-416-0000
01/17/2023
VENDOR #2 VENDOR #3
GOLD COAST ARMORY BAH POLICE SUPPLY
7000 W PALMETTO PARK RD 2911 OXBOW CIRCLE
BOCA RATON, FL 33462 COCOA BEACH, FL 329e2..6
866-412-2427
01/20/2023
321452-4640
01/17/2023
WITHIN A WEEK OF PO BEING
WITHIN A WEEK OF PO BEING
WITHIN A WEEK OF PO BEING
ISSUED
ISSUED CANNOT GUARANTEE
ISSUED
AVAILABILITY WHILE WAITING
VENDOR CURRENTLY HAS IN
VENDOR CURRENTLY HAS IN
VENDOR CURRENTLY HAS IN
STOCK BUT CANNOT GUARANTEE
STOCK. RNDS COMPRISED
STOCK BUT CANNOT
AVAILABILITY WHILE WAITING FOR
OF TWO DIFFERENT BRANDS
GUARANTEE AVAILABILITY
APPROVAL. (40)1,000 RD CASES @
(25) 1,000 RD CASES @
WHILE WAITING FOR
$475 + $275 SHIPPING.
$579.99 AND (12) 1,000 RD
APPROVAL_ SHIPPING WAIVED
CASES @ $599.99 + $284
IF PICKED UP AT STORE
SHIPPING.
PRICE: see 2Ts.00 $21.ss3.03
Department Head Signature: Z-7
soon-so
Date: py 3 4.
165 of 360
tmff
SE
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Agenda Item Title: Planning & Zoning Commission
Recommendation: Fill One Expired, Regular Member Position — Term to Expire 2/1/2026
Background: In response to the City Clerk's advertisement, the following residents
have expressed interest:
Dennis Haddix (current incumbent)
Susan Lorusso (current incumbent)
Cassandra Cranmer
Margaret Hausmanis
Steven Krup
Sherrie Matthews
Terry McGinn
Terry Reno
Christopher Roberts
Charles Stadelman
James Wilson
Mr. McGinn, Mr. Roberts and Mr. Stadelman currently serve on other
City committees. They will resign from those appointments if chosen
for the Planning & Zoning Commission.
In the event Council appoints an alternate member, the alternate
member position may be filled from the remaining applicants.
Attachments: Applications, member list, advertisement
Administrative Services Departme Ww'l
City Attorney Review:
C
City Manager Authorization:
Date:
166 of 360
rnv CW
SEBASTLV
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: Dennis W. Haddix
Address: 105 Wood Stork Way City: Sebastian State: Florida Zip: 32958
Telephone: (772) 925 - 5698
E-Mail Address: haddixd@gmail.com
Employer: Windsor Community Association
City: Vero Beach State: Florida Zip: 32963
Business Telephone: (772) 388 - 8431
1 am interested in serving on the following boards)/committee(s):
I" Choice: Zoning and Planning Commission 2°d Choice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
*Filing of financial disclosure is required following appointment
**Must be resident one year prior to application.
167 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, Professional certifications or designations may be attached.)
I have held a real estate license in the state of Indiana. I also served a volunteer chairman position for an
Architectural Review Committee. I am a licensed community association manager with the state of Florida. I have
held this position with Windsor Club located in Vero Beach for the past 19 months. I have founded and owned
several businesses all located within the state of Indiana. I also held a volunteer position with an EDC also located
in Indiana.
Why do you want to serve on this board?
I have been a resident of Sebastian Florida since 2018 after vacationing several years before deciding to make
Sebastian the primary residence for my wife and I of 24 years. I would like to share my experience and knowledge
and provide feedback and serve this fine city of Sebastian.
Do you presently serve on another City Board or Committee? No
If yes, please list: N/A
Have you previously served on any other City Board or Committee? Yes, but not in the City of Sebastian
If yes, please list: City of New Castle EDC. Volunteered seat for the Eastern Indiana Business Development
will represent the best interests of the entire City while serving as a board member. I hereby waive and release
any and all rights for claims for damages and injuries I may suffer while performing or after performing
volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph
for publicity purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for
Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.fIsenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct.
I understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: Date: 0 .26.2022
Date Received by City Clerk's Office by:ll/{`1
168 of 360
CRY of
SEBASY
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: S J ��
Address: 113 —1 L1/ 4 i i^7 V E-o D R � City: 011�(Atate: �
Zip: �� "i Telephone: (l / -D } c,) 1 - c� I ; )
E-Mail Address: � v �� C_
Employer: ' ! 1 I / 'R
City:
Business Telephone: (
State: Zip:
I am interested in serving on the following boa rds)/committee(s):
1" Choice: �Z ��� �� L-�°��U�l��ntl Choice:
CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISS�* -*J
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
'Filing of financial disclosure is required following appointment
"Must he resident one year prior to application.
169 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
g Y �-pR\ a(y)Ir)�-? E --�,paK)Er)C�-�� c-�
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Why do you want to serve on this board?
Do you presently serve on another City Board or Committee? n
If yes, please list:
Have you previously served on any other City Board or Committee? n: �
If yes, please list:
will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, l consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.fIsenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered. %
Signature of Applicantl,— _ Ck� Date:
Date Received by City Clerk's Office q 1 z31ZOZ Z bY4 biiLa-rytA
170 of 360
SEBAST 1'V RECEIVED
FED 2 �,
HOME OF PELICAN ISLAND City of Sebastian
City Clcrk's C3fice
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: f:a Sind 0. -h6le-fie, I2 rotnrn0
Address: 4C / o ) o City: 5'e'L4 1,0_ 0 State: Rppi4L
Zip: 13ag5f Telephone:
E-Mail Address: 0,1ia.Y,e @ea{�-�h
Employer: ` eo Aav5e 9 /103a U5-1
City: se'�tFoa) State: r �c�/`1RQ� Zip: v�7 J,
Business Telephone: (77 9 ) a v, I - 1707
I am interested in serving on the following boards)/committee(s):
1St Choice: P l,�Ln�N�7 �O l\ 2f' Choice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years -- next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
171 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
= am a_ q l,rs enef+-L a cvhe-n
v o / I
' an IErrfz°cu�d� ��ryv,c:K��/.� CC��"�n_in�r #`eSeaPc�;li S"�Of
&/ork well " h
r
Why do you want to serve onthisboard?
ff1rL�'}' --�'o lYl�l.l�e
Su['e erg i5 A- aoa d noe ICu-,&-Pn Aea v
�a.l1a' � AeVe�v��n� a_nd �nylTonm�n"����` faalK.r�eE* � Co_t�e c�bo�1
-i is arem if1s r� r`�an� �f' rfS r*n+ -Ae,+
(0e 'fa1lOLJ�r�.
Do you presently serve on another City Board or Committee? N-17
If yes, please list:
Have you previously served on any other City Board or Committee?
If yes, please list:
►M
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htt : /www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 11Z Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at htti)://www.f]senate.eov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: c. f!?,�.�Qh20 -w- L�L& & a"— D e:
oTz 2
Date Received by City Clerk's Office � `T %y:
172 of 360
CM or
SE
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name:Po�.tifil�L�l
Address: C�1 i`1P1JfP
City: State:
Zip: Telephone: (2-�_oq'f L149to
E-Mail Address: rY� V1f�.���i�s�f\� ��YY��1 Corn
Employer: 5'R-e ik� 1- l
I\-_3 f
City: ke\ `�i%Ae State: F L_ Zip: 3 1?C 1
Business Telephone: 4-3 - (a Cho
am interested in serving on the following boards)/committee(s):
15TChoice:_6\n�oa d" 11,,1 2ndChoice: ar�LS °L eCfPL� IUiiS
CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in .2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
173 of 360
Please summarize special skills, qualifications, or education you have acquired forth is appointment:
(Your resume, professional certifications or designations may be attached.)
(AIW6AL4 (-t C)la--An.r---i pa4t-��,
Why do you want to serve on this board? 11
-= `�
y-
Do you presently serve on another City Board or Committee? NO
If yes, please list:
Have you previously served on any other City Board or Committee? �J C)
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.htmi
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at htto://www.fIsenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissi ns from this application may be cause for my application not to be
considered.
Signature of Applicant: _ Dater �Z2
Z�Z3%Z62Z b _
Date Received by City Clerk's Office y: W��8L4M 1
174 of 360
Lin LIf
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance w
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request 9
their physical address and phone number remain confidential. Unless requested, that information will be available and r
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacti
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance
resolution. You may reapply for succeeding terms upon term expiration.
Name: I. Steven Krup
Address: 522 Cross Creek Circlecity: Sebastian State:Fl—
Zip; 32958 Telephone: (�254-) 2451948
E-Mail Address: i q ko @ ao I. co m
Employer: Retl red
City; State: Zip:
Business Telephone: (
I am interested in serving on the following boa rds)/committee(s):
151 Choice: P I a n n l n a & 7o r m gd Choice:
CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
'Filing of financial disclosure is required following appointment
"Must be resident one year prior to application. 175 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
Please see I r isef I i
Why do you want to serve on this board?
i-`to + Ci e n e e mn a rt �]
L
Do you presently serve on another City Board or Committee?�
If yes, please list:
Have you previously served on any other City Board or Committee? No
If yes, please list:
I will represent the best interests of the entire City while serving as aboard member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htto://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 11Z Part ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at hUpJ/www.f I senate. %pv
Jstatutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant:Date: Feb 28, 2022
Date Received by City Clerk's office ZI Z FIZ Uz Z by:
176 of 360
ADDENDUM TO VOLUNTEER BOARD AND COMMITTEE APPLICATION
INSERT 1
Decades of experience as lessor and/or owner of commercial and
residential real estate; service on condominium or cooperative boards of
association, and active participation in large HOA committee; practiced
and taught college and post -baccalaureate administrative agency and real
estate law.
INSERT 2
Inevitable change and growth present the challenge of developing efficient
land use policies integrating benefits for all stakeholders and citizens. I
want to contribute to solving this multi -dimensional problem of maximizing
diverse interests as much as possible.
I have recently retired and believe I am in a position to meaningfully
contribute to Sebastian.
177 of 360
I. Steven Krup
Hrj ICE- 19-4*G1-
I444mAt,l• Dcaell, rL 33909
iRko4,aol.com
EMPLOYMENT EXPERIENCE
I. Steven Krup
Attorney at Law
220 N.E. 10 Ave.
5'az 'cjes � //+w f�G, 32-953
q.Sy .2— if S l9 y '�
Hallandale Beach, FL 33009-3554
1996 —4fesen 2-jOifiei
Law practice concentrating on real estate, immigration, corporate, and healthcare
law. Florida Bar Number 168549.
firm.
Care Convenient, Inc.
4598 Broad Street
Virginia Beach, VA 23462-2861
1987 —1997
Chief executive officer and general counsel of medical services and management
I. Steven Krup & Associates
Attorneys at Law
200 Granby Street
Norfolk, VA 23510
1983 —1987
Law practice, specializing in corporate, transactional, real estate, healthcare and
immigration law, before United States Courts of Appeals, United States District Courts,
State Courts in Virginia, Florida and New York, and administrative agencies including
United States Departments of State and Labor, INS and EEOC.
United States Department of Justice
Washington, D. C.
1973 —1983
Selected under the "Honors Program for Outstanding Law Graduates" for the
position of "General Attorney"; appointed in 1975 as "Hearing Examiner" (similar to
Administrative Law Judge) for the Immigration and Naturalization Service. As General
Attorney I represented the United States in District Court and administrative proceedings
and in general tort and contract matters. As Hearing Examiner I conducted hearings,
178 of 360
ruled on admissibility of evidence, and rendered final executive branch decisions. I was
awarded a Department of Justice "Special Achievement Award".
Instructor & Writer
1977 — Present (part time)
I enjoy college and post -graduate teaching and writing. I have taught legal
research and writing, contracts, torts, corporations, evidence, American jurisprudence,
political science and psychology at the Federal Law Enforcement Training Center, AIPS
at Virginia Wesleyan University, Commonwealth College and Tidewater Community
College. Last year I authored "Science" and "Higher Education" in the Encvclouedia of
American Immivation. Armonk, NY: M. E. Sharpe, 2001, and previously authored
articles and made presentations to The Virginia Bar, Medical Societies, American
Immigration Lawyers Association, and other community service and public interest
organizations.
EDUCATIONAL HISTORY
New York Law School
57 Worth Street
New York City, N.Y. 10013
Juris Doctor (JD) awarded Magna cum Laude in June, 1973
Class Rank: Number 2 in class of approximately 250
Law Review
Academic Awards in Bankruptcy, Securities Regulation, Antitrust Law, Corporations,
and Future Interests
Clerk for New York State Supreme Court
Adelphi University
153 Cambridge Ave.
Garden City, N.Y. 11530
B. A. awarded with Honors in June, 1970
Class Rank: First Decile
Scholastic Honors
Psi Chi, National Honorary Science Society
Dean's List
Varsity Tennis #1 Singles
PERSONAL DATA
Born November 23, 1948, I am blessed with three wonderful children, daughters
in medical school and law school, and a son in middle school. I am in excellent health
and enjoy tennis, biking, sailing and jogging. I volunteer for animal protection
organizations and the Association for Retarded Citizens.
179 of 360
LIIR"
!SIEELASTtA
;"TOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
F5 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may req-jest that
their physical address and phone number remain confidential. unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: Sherrie Matthews
Address: Protected by FSS City: Sebastian State: FL
Zip: 32958 Telephone: ( 772 ) 473 6757
E-Mail Address: smatt0618@comcast.net
Employer: Retired
City: State: Zip:
Business Telephone: ( } -
I am interested in serving on the following board(s)/cornmittee(s):
1" Choice: Citizens Budget Review 2"" Choice: Planning & Zoning Commission
CHARTER REVIEW COMMITTEE (serves onlysix months, every five years --- next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
'Fifing of financial disclosure is required following appointment
"Must be resident one year prior to application.
180 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
Worked with government budgets during the 35 years spent serving the community.
Why do you want to serve on this board?
To continue to serve the City of Sebastian
Do you presently serve on another City Board or Committee? No
If yes, please list:
Have you previously served on any other City Board or Committee? Yes
If yes, please list: Charter Review Committee
will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.htmi
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.flsenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: Sherrie Matthews ' JDatte:: 01-10-2022
Date Received by City Clerk's Office ! I 1 U 110 Z Z W by: , .IM�
181 of 360
ary of
smell, N
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: TERRANCE (Terry)
MCGINN
Address: 144 MILLER DR
SEBASTIAN State: FL
Zip: _32958 Telephone: (_215 ) _723
E-Mail Address: _TEMCGINN@YAHOO.COM
Employer: RETIRED
City: State:
Business Telephone: ( ) -
I am interested in serving on the following board(s)/committee(s):
I" Choice: PLANNING AND ZONING COMISSION
City:
4333
2M
2nd Choice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
"Filing of finonciol disclosure is required following appointment 182 of 360
"Must be resident one year prior to application.
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
—BRIEFLY .... I HAVE A BSME IN MARINE AND ELECTRICAL ENGINEERING AND AN, MS IN ENGINEERING AND
MANAGEMENT, I HAVE 40 YEARS EXPERIENCE
IN ENGINEERED SYSTEMS AND THEIR CONSTRUCTION/INSTALLATION (FROM 1964 TO 2004) 1 HAVE 35 YEARS
EXPERIENCE IN LONG RANGE PLANNING AND DEVELOPMENT (1970 TO 2005)
I HAVE 30 YEARS BIDDING/CONTRACTING, NEGOTIATING AND MANAGING GOVERNMENT AND MUNICPAL
CONTRACTS INCLUDING US ARMY MATERIAL COMMAND. (FROM 1978 TO 2008)
FROM 2010 TO 2015 1 WAS FOUNDER /PRESIDENT OF A COMMUNITY DEVELOPMENT EXECUTIVE BOARD (CDD)
TRYING TO MAINTAIN QUALITY STANDARDS OF LAND DEVELOPMENT BETWEEN TOWNSHIP AND A LESS THAN
ETHICAL DEVELOPER FROM BUILD #1 TO COMPLETION INCLUDING ROADS, INFRASTRUCTURE, STORM SEWERS,
MUNICIPAL UTLITIES AND CAPITAL RESERVES. WE RESCUED A FAILING DEVELOPMENT AND WERE AWARDED
COMMUNITY DEVELOPMENT OF THE YEAR FOR SOUTHEASTERN PENNSYVANIA IN 2014.
MY RESUME CAN BE FOUND ON LINKED IN UNDER TERRANCE MCG INN
Why do you want to serve on this board?
_I AM DEEPLY IMBEDDED IN THE COMMUNITY OF SEBASTIAN AND THE COUNTY. I WANT TO CONTRIBUTE TO THE
FUTURE LAND
USE AND PUD OF THE LATEST AND ANY FUTURE ANNEXATIONS AS WELL AS ANY PLANNING AND ZONING THAT WILL
KEEP OUR
CITY THE BEST IN INDIAN RIVERCOUNTY. I CONSIDER ED DODD A MENTOR FOR HOW TO DO IT RIGHT AND TO GIVE
BACK.
I AM OLD BUT THAT IS NOT A BAD THING.
NOTE: I WILL HAVE TO ATTEND BY ZOOM DURING A 3 MONTH PERIOD WHEN OUT OF COUNTY July/august
September BUT WILL NOT MISS MEETING ON ZOOM.
Section 2-173. Attendance Requirement. Notwithstanding any other provision of this Code, any board or
committee member shall be automatically removed if he or she is absent from three (3) consecuti�v�3 o e�V� gs
without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business
reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon
notification by the chair of the board or committee that a member has not complied with the attendance
requirement, the City Council shall issue an order of removal.
Do you presently serve on another City Board or Committee? _YES
If yes, please list: CITIZENS BUDGET REVIEW ADVISORY
BOARD
Have you previously served on any other City Board or Committee? NO
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at httD://www.fisenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: _TEPP�4NCEE�IC�'/NN
_9/23/2022
Date Received by City Clerk's Office
by. wx_er�
Date:
184 of 360
Ij
SE
74
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATIC IN
-`is appiication form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
=S 119.07 Exemotions. individuals emDloved or retired from certain professions relatine to law enforcement may reouest that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
reoaccec.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
:)roinance or resoiution. Board and Committee terms are three vears unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
,vame rrR�
Address: S f1C"_� O r City: OXI-]_ Cj n State: FL
LID: 321 Sg leiephone: ( !,5-/ ) Z9 - XS?
E-Mail Address: 7 cren
Empiove, MIA
City:
Business Telephone: (
State: Zip:
I am interested
;j in serving on the following boa rds)/cornmittee(s):
1"Choice :�lQnIil Qf-0 �f)IC)C 2" CnoicE
CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD*
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION* **
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
*Filing of financial disclosure is required following appointment
**Must be resident one year prior to application.
185 of 360
Please summarize special skills, qualifications. or education you have acouired for this appointment:
(Your resume, professional certifications or designations may be attached.)
^7 n 1TKle�e1►n� Worki rzqq in r7a►n e-nonce, n G (A ili--i v
Tlo i n once JIV l S►c�n - 7 Lave- G l so c�avAce-c3 In, er "n eer)n( 5 Q ej
e-03in&rnn Insre-,--4c r-1insfr+in 3cvemne4 100A 0nVQJe.. � b-6r .Sec
r�c� ann criilrte. Pro LL wilk UC014101 ,c, Acii�ncUll 'o- Upi Il'.41 Plan fRwi-
J
Why do you )want to serve on this board?
II Pv� i11/ �G _e.�f �7Pf Inc e- LA&4<1 � i't7r� g rc)Lj l cZ rl orl i,(_s �7a
" , !
/ ii 11 }j L71
gave-rnrnenL-j-1 l be � R� Ci $u r) �ct_STFG n .
you presentiv serve on another City Board or Committee? N0
'.f yes, please list:
Have you previously served on any other City Board or Committee NO
If yes, please list:
will represent the best interests of the entire City while serving as aboard member. i nereov waive and release an.
and all riehts for claims for damaees and iniuries l may suffer while performing or after oerformine voiuntee
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publiciiti
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial interests.
http://www.ethics.state.fl.us/ethics/forms.html
p aopomted, i acknowledge that it is my obligation and duty to comply with the tollowing: Code of Ethics for Public
Officials (Florida Statutes. Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.flsenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I herebv certifv that all the statements made on this application are true and correct. l
understand that any false statements or omissions from this application may be cause for my application not to be
considered. Signature of Applicant: f:7J % Date: /
Date Received by City Clerk's Office 1ZUT, by:. 1-d:-s A
186 of 360
C1ry Ix
SEAT_"
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: Christopher Roberts
Address
32958 772
Zip: Telephone: (
E-Mail Address: chroberts0015@gmail.com
Comprehensive Healthcare
Employer:
Melbourne
City:
Business Telephone: ( ) -
Sebastian
City:
} 643 0615
State: Florida Zip:
State: FI
32935
am interested in serving on the following board s)/committee(s):
15= Choice: 2" Choice: Planning 9 Construction Board Plin and Zoning Commission
CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD`
NATURAL RESOURCES BOARD
PLANNING AND ZONING COMMISSION' "
POLICE RETIREMENT BOARD OF TRUSTEES'
PARKS AND RECREATION ADVISORY COMMITTEE
VETERANS' ADVISORY BOARD
'Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
187 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
I have a Bachelor's degree in Social Science and Religious Studies from Florida State
� �"i—o, 'yersity. I am curreAtly working on a certificate in fr�,m Eactern Florida
State College. I have worked most of my career in social services/human services. I enjoy
hplpinq pe pip and ggcict my f.lian.ts get r:nnnPntpd to the sprvir RR they np-pri
Why do you want to serve on this board?
_I want to sere on thic hoard becac min I want to hero contribute to my carnmi inity ,and local
government. I want this city to be a place I am proud to reside. I want to help build a
community that is beneficial to my chilAen-
Yes
Do you presently serve on another City Board or Committee?
If yes, please list: Construction Board for the City of Sebastian
NO
Have you previously served on any other City Board or Committee?
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htto://www-ethics.state.fl.us/ethics/forrns.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at httr)://www.flsenate.gov/statutes
understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
c%rFn'pZft ,wleds
Signature of Applicant: ,
Date Received by City Clerk's Office gIzolZOZ Z
9/20/2020
Date:
by: W L-Uka-dnQ
188 of 360
Christopher roberts
Sebastian, FL 32958
chroberts0015@gmail.com
+1 772 643 0615
Work Experience
Medical Case Manager
Comprehensive Healthcare - Melbourne, FL
February 2022 to Present
I manage a caseload of at least 50 clients to ensure they have the resources to manage their regular
health needs. My job consists primarily with scheduling medical appointments, transportation, and
assisting with insurance issues.
Child Protective Investigator
The State of Florida
June 2017 to December 2022
Experienced with conducting investigations following reports of abuse and/or neglect.
Experienced in conducting one on one interviews with adults and children.
Experienced in institutional, foster care, and "conflict case" specialized
Established close working relationships with law enforcement before, during and after investigations.
Consolidate gathered information to make child safety determinations on investigation.
Make determinations of referral for services and/or removal when warranted.
Works closely with team in dependency and neglect family court.
Department Manager
Walmart - Vero Beach, FL
November 2016 to July 2017
Managed the meat department.
Sales Associate
Walmart
November 2013 to November 2016
Education
Bachelor of Science in Social Science and Religious Studies
Florida State University
2011
High School Diploma
Sebastian River High School
2005
189 of 360
r
CTTN Zf
5�N
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: ChgS}t"S
Address: ! �1 fi f r 10� br� -ISf City: - J!�S�I�� State:
Zip:Telephone:
E-Mail Address: A,10
Employer:
City: - e"+i14n
Business Telephone: (7"W
State: rz_
I am interested in serving on the following boards)/committee(s):
Zip: 39gTy-
1" Choice: �\L A I.-_'1 _f_ ,V . ( +J , 2Id Choice: C T 4) � 3 Lfl-i .
CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2016)
CITIZENS BUDGET REVIEW ADV150RY BOARD (temporary) C',-�'.Ze� � �e,1 KrJ
CONSTRUCTION BOARD* (permanent)
DISABILITIES ADVISORY COMMITTEE (temporary)
CalNATURAL RESOURCES BOARD (permanent)
PLANNING AND ZONING COMMISSION* ** (permanent) �()
POLICE RETIREMENT BOARD OF TRUSTEES* 5 0 (� `a 25G�rGGS d.]O> '
PARKS AND RECREATION ADVISORY COMMITTEE (permanent)
\
VETERANS' ADVISORY BOARD (temporary)
j1 t`'. ire Ze^5���
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
ALJt4t
V v
190 of 360
w
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
Y d� i� icon K,. cr ��Ajr FA [ L I on
- -
Why do you want
�tlo serve on this board?
(
Do you presently serve on another City Board or Committee? —C�U yes
If yes, please list: N�4
Have you previously served on any other City Board or Committee? 00
If yes, please list: '\J}
I will represent the best interests of the entire City while serving as a board member. l hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at http://www.flsenate.Rov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct.
understand that any false statements or omissions from this application may be cause for my application not to be
considered. /j
Signature Applicant., Date: r`` u', iS p7v�%
g A P _ -� I
Date Received by City Clerk's Office g- / 5 - 1 7 by:
191 of 360
CITY Llr
SETt�AN
HOME OF PELICAN ISLAND
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: �J� +�n� 5 r� Vv I l sd V1
Address: 33� 1 4e__Y\ c-,\ A S_� City: State: l` 1
Zip: ?ag Telephone: (BSc ) N 5 - ` L 0q l
E-MailAddress:j-wttSnh yr����lCv�►
Employer:
City: e f lvt ewe. State: Zip: 3 2 `?
Business Telephone: ( ? %:Z ) 53 l - -� H (
I am interested in serving on the following boards)/committee(s):
,
1" Choice: �h h i uCj Qu �pt�, ric� �a r�h� % 2nd Choice:
CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2015)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary)
CONSTRUCTION BOARD* (permanent)
DISABILITIES ADVISORY COMMITTEE (temporary)
NATURAL RESOURCES BOARD (permanent)
PLANNING AND ZONING COMMISSION* ** (permanent)
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE (permanent)
VETERANS' ADVISORY BOARD (permanent)
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
192 of 360
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
�-
�i re-
Why do you want to serve on this board?
44 i t- n
LJGu.I�.
Do you presently serve on another City Board or Committee? No
If yes, please list:
Have you previously served on any other City Board or Committee? No
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
http://www.ethics.state.fl.us/ethics/forrns.htmi
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter112, Part!!!) and Florida Sunshine Law (Florida Statutes, Chapter286)
Statutes may be reviewed at httr)://www.flsenate.eov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: '�^^�`� ��`' ``� �—�� " - Date:
V
Date Received by City Clerk's Office i' 1 7 l 70 7 3 by: i '
193 of 360
PLANNING & ZONING COMMISSION
3-YEAR TERMS
MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M.
MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS
ADDRESS
[MOST RECENT HISTORY FIRST]
Linda Kinchen Took Hughan's unexpired regular Term to expire 11/1/2023
190 Delmar Street member position 2/9/2022
Sebastian, FL 32958
lindadolfan(da aol.com
(772) 538-0253
Rick Carter Reappointed 5/27/2020 Term to expire 4/1/2023
237 Main Street
Sebastian, FL 32958 Reappointed 3/22/17
focussys ..comcast.net
918-4600 Took Cardinale's expired regular
member position 4/27/11
Took Durr's unexpired alt member
position 2/9/11
Reappointed 3/26/14
Stephen Lucier Took Qizilbash's unexpired regular Term to expire 5/1/2023
425 Toledo Street member position 3/9/2022
Sebastian, FL 32958
steveluc ..icloud.com
925-2869
Vacant Term to expire 2/1/2026
Louise Kautenburg
Appointed regular member 6/9/2021 Term to expire 6/1/2024
973 Oswego Avenue
Took Reyes regular member position
Sebastian, FL 32958
Louisek1 cD..iuno.com
Appointed alternate member 2/12/2020
696-3716
Reappointed regular member 2/22/17
Took Durr's unexpired regular member
position 10/14/15
Reappointed 1/8/14
Took Hennessey's unexpired alternate
member position 3/14/12
194 of 360
Sara Battles Took Roth's unexpired regular member Term to expire 5/1/2025
530 Cross Creek Circle position 3/9/2022
Sebastian, FL 32958
Sara. battles ankimlev-hom.com
(703) 843-1721
Al Alvarez Reappointed 11 /21 /22 Term to expire 11 /1 /2025
492 Quarry Lane
Sebastian, FL 32958 Reappointed 11 /20/19
alalvarez(oaol.com
532-8767 Took Dodd's expired regular member
position 12/14/16
Took McManus' unexpired alternate
member position 11/19/14
Dennis Haddix - Alternate Term to expire 1/1/2026
105 Wood Stork Way Took Jordan's unexpired alternate
Sebastian, FL 32958 member position 10/12/22
haddixdCcD..amail.com
(772) 925-5698
Susan Lorusso - Alternate Took Jordan's alternate member position Term to expire 11/1/2025
113 Joy Haven Drive 11/21/2022
Sebastian, FL 32958
sloru(a.aol.com
(772) 321-2150
revised 11.22.2022
4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in.
195 of 360
CM L-F
SIEBASTI,AN
HOME OF PELICAN ISLAND
January 3, 2023 Contact: City Clerk's Office 388-821 Fi
PRESS RELEASE
PLANNING AND ZONING COMMISSION
The City of Sebastian is seeking applicants to fill one expired, regular member position on the
Planning & Zoning Commission. New term will expire February 1, 2026.
The Planning and Zoning Commission is responsible for planning and reviewing land use
decisions within the City. This is a volunteer position. Applicants must have been a City
resident one year prior to application and file annual financial disclosure.
If Council fills a regular member position with an alternate member, Council reserves the right to
fill the alternate position with the remaining applicants.
This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the
Council Chambers, 1225 Main Street, Sebastian.
Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian,
between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted
until January 23, 2023.
196 of 360
CUM
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: February 8, 2023
Aaenda Item Title: Graves Brothers Company Annexation Agreement -- Resolution R-22-34
Recommendation: Consideration of Resolution R-22-34
Backaround: In accordance with Florida Statute 171.044, Voluntary Annexation and the City of
Sebastian Comprehensive Plan; the property owners, Grave Brothers Company, have requested a voluntary
annexation into the City of Sebastian. The subject property consist of 2044.3 acres, more or less, located south of the
north boundary of County Road 510 ROW, west of lands adjacent to the 74`h Ave ROW, north of 69"' Street ROW,
and east of 901h Ave ROW. The subject property is currently vacant agricultural land in unincorporated Indian River
County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed
development lies adjacent to and contiguous with the service boundary for municipal services and applicant has
provided a Public Facilities Statement.
An Annexation Agreement (Agreement) attached, has been negotiated between the City of Sebastian and Graves
Brothers Company, the property owner. The Agreement will be presented for adoption under Resolution R-22-34.
Adoption of 0-22-07 shall be subject to approval of R-22-34 and execution by all parties of the Annexation
Agreement.
The applicant has requested a Mixed Use (MU) land use designation consistent with the City's adopted
Comprehensive Plan 2040. A Mixed Use land use was recommended by the Treasure Coast Regional Planning
Council (TCRPC), the Florida Department of Economic Opportunity (FDEO), the City's Land Planning Agency
and local stakeholders. This land use was adopted by the City Council in order to achieve a balance within the
growing community by providing the opportunity for future development that would lessen impacts on the City
Center and existing infrastructure. A mix of land uses within a designated development provides area for
economic centers for job growth and commerce, and generally includes a mix of higher density to increase
affordability and improve accessibility.
The applicant does not have a proposed development plan for the subject property at this time. Additional
information regarding the future use of the property will be presented during the zoning amendment and land
development process. However, language has been included within the Agreement, and subsequent
Comprehensive Plan text amendment, which ensures that a coordinated, compatible mix of uses is part of the
master planned design.
The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre parcels. A
range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of
non-residential Land Use categories with a range of 20% 40%. During the PUD process, the acreage within the
PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land
Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very
Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD
parcel or outside to other PUDs within the Real Property provided the Residential Land Use range is not exceeded
on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non-
residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision
in this Agreement, the Density permitted on the Real Property shall be the allowable destiny per the limiting
factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan
Site Specific Policy 1-1.7.1.
197 of 360
Attachment: Annexation Agreement
Administrative Services Department Re ew:
City Attorney Review:
Procurement Division Review/f applicable: /�IIT
City Manager Authorization:
Date:. /?/.1 _3 `
198 of 360
RESOLUTION NO. R-22-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION
AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A
FLORIDA MUNICIPAL CORPORATION AND THE GRAVES
BROTHERS COMPANY TO MEMORIALIZE THE PARTIES
UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE
ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY,
AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE
OF THE PROPERTY. PROVIDING FOR CONFLICT; PROVIDING
FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND
AN EFFECTIVE DATE.
WHEREAS, the owners, Graves Brothers Company, of real property in unincorporated
Indian River County, contiguous to the existing corporate limits and boundaries of the City of
Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian
to be voluntarily annexed into the municipality; and
WHEREAS, the City of Sebastian City Council has found and determined that it is in the
City's best interest by annexing the 2044.3 acres, more or less, into its municipal boundaries and
by entering into this Annexation Agreement, attached hereto as Exhibit A. Each party affirms
that development of the property will be in accordance with the Future Land Use Map, City's
Comprehensive Plan and Land Development Code; and
WHEREAS, the Agreement allows for the property to develop with a mixed used plan,
providing for commercial, residential and affordable housing; and
WHEREAS, an Annexation Agreement has been negotiated between City of Sebastian
and Graves Brothers Company, and presented for adoption under this Resolution R-22-34.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Sebastian recognizes the need to annex
properties to ensure viability and managed growth in and around the City.
Section 2. The attached Annexation Agreement is in the best interest of the citizens of
Sebastian.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 4. RECORDING. This Resolution and Annexation Agreement shall be
recorded in the public records of Indian River County.
199 of 360
Section 5. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without need of further action
of the City Council by filing a corrected copy of same with the City Clerk.
Section 6. EFFECTIVE DATE. This resolution shall be become effective upon
adoption.
The forgoing Resolution was moved for adoption by Council Member
. The motion was seconded by Council Member and,
upon being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this day of
2023.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Fred Jones
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Manny Anon, Jr. City Attorney
200 of 360
THIS INSTRUMENT RETURNS TO:
Jeanette Williams, MMC, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, Esq.
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Blvd. - 19th Floor
Ft. Lauderdale, FL 33301
Property Appraiser's Identification #
31-38-36-000001-0000000-7.0
31-38-36-000001-000000-10.0
31-38-36-000007-0000000-1.0
31-38-36-000007-0000000-2.0
31-38-36-000003-0000000-1.0
31-38-36-000003-0000000-2.0
31-38-36-000003-0000000-3.0
31-38-36-000003-0000000-4.0
31-38-36-000005-0000000-1.0
31-38-36-000005-0000000-2.0
31-38-36-000005-0000000-3.0
31-38-36-000007-0000000-3.0
31-38-36-000007-0000000-4.0
32-38-01 -000001 -0000000-1.0
32-38-01-000001-0000000-3.0
32-38-01-000003-0000000-4.0
32-38-01-000005-0000000-3.0
32-38-01-000005-0000000-4.0
32-38-01-000007-0000000-1.0
32-38-01-000007-0000000-3.0
32-38-01-000001-0000000-2.0
32-38-01-000005-0000000-2.0
31-38-36-000001-0000000-7.0
31-38-36-000001-000000-10.0
31-38-36-000003-0000000-2.0
31-38-36-000003-0000000-3.0
31-38-36-000003-0000000-4.0
Sebastian/Annexation 17.Agt Final Draft
Manny Anon, Jr., City Attorney
City of Sebastian
1225 Main Street
Sebastian, FL 32958
31-38-35-000003-0000000-2.0
31-38-35-000001 -0000000-1 .0
31-38-35-000001-0000000-2.0
31-38-36-000005-0000000-2.0
32-38-02-000003-0000000-1.0
32-38-02-000005-0000000-5.0
31-38-35-000005-0000000-3.0
31-38-35-000007-0000000-3.0
31-38-35-000007-0000000-3.1
32-38-02-000001-0000000-1.0
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32-38-02-000007-0000000-2.0
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31-38-35-000005-0000000-1.0
31-38-35-000007-0000000-1.0
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32-38-01-000003-0000000-1.0
32-38-01-000007-0000000-1.0
32-38-01-000005-0000000-1.0
32-38-01-000007-0000000-2.0
32-38-01-000003-0000000-2.0
32-38-01-000003-0000000-3.0
31-38-36-000007-0000000-3.0
31-38-36-000007-0000000-2.0
31-38-36-000005-0000000-1.0
02/01 /2023
201 of 360
ANNEXATION AGREEMENT
FOR
GRAVES BROTHERS COMPANY
THIS AGREEMENT is made and entered into this day of , 2022, by
Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero
Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"),
whose address is 1225 Main Street, Sebastian, Florida 32958.
RECITALS:
WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant
to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and
WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for voluntary
annexation of the Real Property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property
meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and
as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real
property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain
understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the
parties hereto desire to enter into this Annexation Agreement; and
WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers
pursuant to Article Vill, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and
WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the Secretary of
State, State of Florida, which corporate charter and standing with the State of Florida is current active, and in
good standing, as a Florida for -profit corporation; and
WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida
Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby
affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the
execution of this Agreement; and
WHEREAS, at the time of execution of this un-amended, base document Agreement, Graves Brothers
Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property")
located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and
assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to
petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property
into the municipal boundaries of the City; and
Sebastian/Annexation 17.Agt Final Draft
02/01 /2023
2
202 of 360
WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest
area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the
City, and will not result in the creation of enclaves; and
WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real
Property in order to achieve the Development of the Real Property permitted under Article III of this Agreement
and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and
WHEREAS, this Agreement has been found to be consistent with the City's Comprehensive Plan and
amendments pending adoption thereto; and
WHEREAS, on February 08, 2023, the City Council of the City of Sebastian adopted Ordinance No. 0-
22-07 approving this Agreement and directing the City Manager to execute this Agreement as provided in
Section 3.04(g) of the Charter of the City of Sebastian; and
WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this
Agreement; and
WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement.
NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other valuable
considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is
hereby acknowledged, the parties desiring to be legally bound hereby agree as follows:
ARTICLE I
RECITALS; DEFINITIONS
Section 1.1. Recitals; Properties Subject to Agreement. The Real Property shall be held,
transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of
the foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are
incorporated herein.
Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set
forth below are defined as follows:
(a) "Affordable Housing" as defined by the Federal Department of Housing and Urban
Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage
payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents
the percentage of the median adjusted gross annual income for the households.
(b) "Agreement" means and refers to this Annexation Agreement and as the same may be
amended from time to time.
(c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation.
(d) "Commercial Use" means the portions of the Real Property intended to be Developed
with professional Office or retail Commercial Development as provided in the Land Development Code. There
may be one or more Commercial Parcels which are predominantly connected with the sale, rental and
distribution of products, or performance of services.
(e) "Compatibility" or "Compatible" is defined as the characteristics of different uses or
activities or design which allow them to be located near or adjacent to each other. Some elements affecting
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compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic,
circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style.
Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in
maintaining the character of existing Development.
(f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and
Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater
Management System, and transportation) be provided for, by an entity to an adopted Level of Service.
(g) "Conservation" refers to environmentally sensitive areas that reserves and restricts
Development on those lands in order to protect the environmentally sensitive lands.
(h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or
conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or
condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall
be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of
Development permitted by such order or regulation are Compatible with and substantially further the policies,
Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the
comprehensive plan, and if it meets all other criteria enumerated by the City, including the Land Development
Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla.
Stat.
(i) "County" means and refers to Indian River County, a political subdivision of the State of
Florida
0) "Density" is used as a measurement of the number of Dwelling Units per gross acre of
land
(k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the
Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property.
(1) "Development' or to "Develop" means and is defined as set forth in Sections 163.3164
and 380.04, Florida Statutes, as amended, or superseded, from time to time, which is set forth below. The
construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the
making of any material change in the use or appearance of any structure or land, or the dividing of land into
three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or
extension of the use of land, are all activities included within the terms "Development" or to "Develop." The
term "Development or to "Develop" includes redevelopment. The term "Development" or to "Develop" shall
include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed
or dedicated to the public or to a governmental entity. "Development' shall be the planned or actual act of
placing Development on the land, consistent with City Code and Florida Statutes.
(m) "Development Order" means any order granting, denying, or granting with conditions an
application for a Development Permit. See §163.3164, Fla. Stat.
(n) "Development Permit" includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, conditional use, variance, or any other official action of local
government having the effect of permitting the Development of land. See §163.3164, Fla. Stat.
(o) "Dwelling Unit' is a room or group of rooms forming a single independent habitable unit
used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family
only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary
and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density.
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(p) "Final Development Order" means the issuance of a Development Order for a Site Plan
or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In
certain cases as specifically stated in this Agreement, a Final Development Order may mean a building permit
to commence construction of a structure or building.
(q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which
represents the gross floor area of all buildings, structures, or similar as compared to the total area of the
property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor
area of all floors in structures and the denominator of which is the square footage of the property. The ratio is
measured in square feet to the area of a Real Property, excluding any bonus or transferred floor area.
(r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act
as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater
control, but also exhibit social, economic and environmental benefits.
(s) "Impact Fee" means a fee levied by the City, or other governmental entity, on new
Development so that the new Development pays its proportionate share of the cost of new or expanded Public
Facilities required to service that Development.
(t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended
to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage
of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels.
(u) "Heavy Industrial Land Use" or "Heavy Industrial Use" refers to an Industrial property
subtype in which the property is occupied by one or more tenants and the property is utilized for heavy
industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses,
all of which Heavy Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land
Development Code of the City of Sebastian, as amended, or superseded, from time to time.
(v) "Infrastructure" means and refers to those man-made structures which serve the
common needs of the population, such as: roadways, Wastewater or sewage, Stormwater, Wastewater
treatment or disposal systems; potable or reuse water systems; potable water wells serving a system; solid
waste disposal sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways.
(w) "Institutional Land Use" means the portions of the Real Property intended to be
Developed with facilities providing a government or public service, recreation, certain Infrastructure
Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more
Institutional Parcels.
(x) "Land Development Code" means ordinances or resolutions enacted by the City Council
for the regulation of any aspect of Development and includes any local government zoning, rezoning,
subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the
Development of land, or as amended from time to time. See Land Development Code and §163.3164, Florida
Statutes.
(y) "Land Use" means the Development that has occurred on the Real Property, the
Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the
land under the then currently effective comprehensive plan or element or portion thereof, or the Land
Development Code, as the context may indicate.
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(z) "Level of Service" means and refers to an indicator of the extent or degree of service
provided by or proposed to be provided by a facility based on and related to the operational characteristics of
the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility.
(aa) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum
zoning and Land Development Code requirements, in existence at the time of Platting or Development, for
use, coverage and area, and to provide such yards and other Open Spaces.
(bb) "Low Impact Design" means systems and practices that use or mimic natural
processes through incremental treatment of Stormwater runoff that result in the infiltration,
evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat.
(cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the
Real Property and locating Development area, spine roads, and assigning intensity and/or density to the
Development area.
(dd) "Manufactured Housing" means a Mobile Home fabricated on or after June 15, 1976, in
an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a
seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety
Standard Act.
(ee) "Mixed -Use Development" means and refers to a type of Development that combines a
mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or
institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a
Mixed -Use Development may encourage town centers along major arterial transportation corridors.
(ff) "Mobile Home" means a residential structure, transportable in one or more sections, which
is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed
to be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle,
and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
(gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked
vertically above one another and/or attached by side or rear walls.
(hh) "Open Space(s)" means and refers to lands suitable for passive recreation,
Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the
City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
(ii) "Owner" means and refers to Graves Brothers Company, a Florida Corporation,
organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property,
less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer.
Qj) "Planned Unit Development" or "(PUD)" is a form of Development recognized from time
to time within the City's Land Development Code as a specific implementing zoning district and which creates
a Planned Development. Development that is designed as a unit, and which shall include only one or a
mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common
Open Space, recreation areas or other amenities. Requirements include submission and review of Site Plans
as part of the zoning or rezoning to a PUD zoning district.
(kk) "Planned Development" is land that is under unified control and planned and Developed
as a whole in a single development operation or a definitely programmed series of Development operations. A
Planned Development includes principal and accessory structures and uses substantially related to the
character and purposes of the Planned Development. A Planned Development is constructed according to
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comprehensive and detailed plans which include not only streets, Utilities, Lots or building sites and the like,
but also Site Plans and floor plans for all buildings as intended to be located, constructed, used and related to
each other, and detailed plans for other uses and improvements on the land as related to the buildings.
(II) "Parcels" means any contiguous quantity of land capable of being described such that
its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to
be used or developed as a unit, or that has been used or developed as a unit.
(mm) "Plat" shall be defined as a map or delineated representation of the subdivision of land
or lands, being a complete exact representation of the subdivision and other information in compliance with
the requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and
City subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term
"plat" shall include a replat. See §177.031, Fla. Stat.
(nn) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including,
rights -of -way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid
waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water
systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public
health systems.
(oo) "Real Property" means and refers to all such existing real property as described in
Exhibits 1A & 1B, attached hereto and by this reference incorporated herein. To the extent that the written
metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written
metes and bounds legal description in interpreting the description of the Real Property.
(pp) "Residential Land Use" or "Residential" means the portions of the Real Property
intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family
Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels.
(qq) "Recreation Facility" means a component of a recreation site used by the public such as
a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an
indoor or outdoor setting.
(rr) "Right of Way" means and refers to land in which the state, a county, a municipality or a
special or improvement district, holds the fee simple title or has an easement, or dedicated rights of use,
required for a public use.
(ss) "Single Family Dwelling Unit" means a structure containing a residential single family
Dwelling Unit occupying the building from ground to roof.
(tt) "Site Plan" means an illustrated proposal for the Development or use of a particular piece
of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the
Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set
forth in City's Land Development Code, as amended from time to time. The Site Plan regulations applicable
to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of
the Site Plan by the City.
(uu) "Stormwater" means and refers to the flow of water which results from and which occurs
immediately after a rainfall event.
(vv) "Stormwater Management System" means and refers to a feature or facility which
collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best
Management Practices (BMP).
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(ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power,
Stormwater drainage, and cable television.
(xx) "Wastewater" means the spent water of the community comprising the liquid and water -
carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with
minor quantities of ground and surface waters that are not admitted intentionally.
ARTICLE II
ANNEXATION
Section 2.1. Petition to Annex.
(a) The Owner has voluntarily submitted to the City a formal and revised Petition or request
for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner
and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed
by all of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has
been filed with the City in compliance with any and all applicable requirements of law, including, but not limited to,
Chapter 171, Florida Statutes.
(b) This sub -section of the Agreement represents and includes findings by the Owner and the
City that:
(1) A substantial portion of the boundary of the Real Property is substantially
contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida
Statutes;
(2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real
Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and
(3) The Real Property is ideally suited for annexation into the City due to its proximity
to the City and adjacent transportation corridors and Public Facilities; and
(4) The annexation will yield substantial benefits to the Owner, the City, and to the
Real Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of
natural habitats, Open Space, and increased employment opportunities.
(c) The Annexation petition to annex a portion of the Real Property may be withdrawn by
the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance
pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby
terminated as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement
with regard to its application to that portion of the Real Property. However, no application fees or other type of
fee or charge paid to the City or any other governmental entity, or obligated to be paid to the City or other
governmental entity shall be refunded, and the City shall be released form any liability for the release of the
obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this
Agreement.
Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny
annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof,
the Owner understands and agrees that the City makes no representation as to the suitability or legal
appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based
upon any specific conditions, except as otherwise set forth herein.
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Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real
Property, based on any time schedule, as may be required by the City in its sole and absolute discretion, subject
to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner
of its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real
Property, or portions of the Real Property.
Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or
any successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the
Real Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the
annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or
adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, if any, relating
to contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the
City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and
paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein,
the term "defense" shall include any counter -claims, appeals, or cross -appeals. As used herein, reference to
attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of
claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within
ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court
costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole
cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice.
ARTICLE III
DEVELOPMENT OF THE PROPERTY
Section 3.1. Development Plan.
(a) Future Development Planning.
(1) As of the Effective Date of the original, un-amended Annexation Agreement, there is
no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that
this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan
proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum
standards in this Agreement shall guide and bind the Development of the Real Property.
(2) The Owner and the City agree that due to the size of the Real Property and its
location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on
a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real
Property shall consist of a well -planned, sustainable and integrated system of Land Use; consistent with
Future Land Use Map (FLUM) and City Ordinance 0-22-13, [see Section (b)(2) a. through m., infra] containing
a mix of Residential and non-residential uses.
(b) Comprehensive Plan Land Use Designation.
The City has taken action to designate the Real Property on the Future Land Use Map
(FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use
Element.
(1) Mixed Use (MU) Development. The Real Property shall be Developed
Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida
Statutes at the time of Development as determined by the City, and in no event will the Real Property
Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other
requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of
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Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and promote town
centers along major arterial corridors.
The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre Parcels.
Within each Parcel, a range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be
balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD
process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial
and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium
Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density.
Densities may be transferred within each PUD parcel, or outside to other PUDs within the Real Property,
provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum
50% Open Space requirement for the Residential property. Non-residential Land Uses may include up to 25%
Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on
the Real Property shall be the allowable Density per the limiting factors as further defined in this Agreement
and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1.
Notwithstanding any other provision in this Agreement, the maximum Density for Residential uses is 10,771
gross units per acre or 5.26 du/ac for the Real Property.
Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6
FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open
Space requirement for the Industrial and Commercial Uses.
(2) Comorehensive Plan Reouirements. The City has approved Ordinance 0-22-13
as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the
Real Property. These principles shall further guide and bind Development of the Real Property under the
Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and
consents to the site specific policy as set forth below which is the policy adopted by the City Council in effect at
the time of consummation of this Agreement in its original, un-amended form, which is set forth below.
a. Rezoning of the property shall be done through a Planned Unit Development process as described in
Article XX of the City's Land Development Code, as amended, or superseded, from time to time.
b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single
Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a variety of housing
choices in order to achieve the mix of housing required for affordability and accessibility within a mixed use
development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5
units/acre; and 20% Very Low Density up to 3 units/acre, including at least 5 percent (5%) and up to 10
percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing.
c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for
the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to
promote an interconnected, extended and improved grid road system, along with a well -planned transportation
system of roads and streets throughout the Real Property, in coordination with the County, to specifically
include 84 h Avenue, 81 s` Street, 77t' Street, and 73`d Street, as well as 74t' Avenue.
d. Provision shall be made on the Real Property for a mixed -use "Town Center" area including an active
street frontage or context sensitive street design, compatibility of central theme or design character, and a
comprehensive transportation network that promotes walkability thru compact Development and proximity of
structures, reduces auto dependence, and connects to state and local transportation corridors.
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e. To the extent required for and at the time of the Development, future dedication and donation of
Institutional parcels may be required as necessary for governmental services such as post offices, public
safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified
by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances
at the time of development.
f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive
Plan Mixed Use Land Use.
e To the extent required for and at the time of the Development, future dedication or conveyance of
Conservation lands to appropriate entity to include any natural areas of significant importance, and the
provision of greenway trails to promote a system of connectivity and access consistent with the City's
Comprehensive Plan and Land Development Codes.
h. To the extent required for and at the time of the Development, dedication of City Park and recreational
lands above what will be required in the individual residential subdivision developments. Allocation of parks
and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes
specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum
of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the
time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required
aggregate open space required for the Real Property;
i_ Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with
existing City Land Development Codes.
L As a condition of future Development of the Real Property, the Owner shall provide sufficient land area
for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable
water and wastewater systems for all new Developments on the Real Property prior to receiving final
Development Orders. Therefore, the proposed development of any portion of the Real Property must provide
sewer/wastewater, reclaim water systems and Stormwater Management Systems, and water service as a
condition of Development. These services may be provided by the County however no septic systems would
be allowed in accordance with City policy and land development codes.
k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre
Parcels as part of an overall Planned Development project using the PUD zoning district and process, and
shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and
Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities
including Low Impact Design and Best Management Practices.
1_ The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross
acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be
satisfied.
m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for
Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2-
5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify
to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks
whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals),
wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any
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pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant,
schools, fire station or police station.
(c) Any residuary amount of the Real Property remaining after the PUD Development
Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties
shall be submitted for Development and specific Land Development consistent with the adjoining property.
(d) Consistencv with Comprehensive Plan. The Parties agree that as required by Florida
law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it
exists at the time of issuance of a Final Development Order for the particular Development that is the subject
of the Final Development Order. See §163.3194, Fla. Stat.
(e) Mobile Homes and Manufactured Housinq.
(1) Notwithstanding other provisions in this Agreement, Mobile Homes with or
without essentially flat roofs may be located on any Parcel of the Real Property for not more than 780
consecutive days in any four non -calendar year period solely for purposes of use as a building construction
office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real
Property.
(2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or
otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and
Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that
are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof
height, bulk, and mass must appear structural even when the design is nonstructural. The following
requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched
roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have
a minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an
overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat
roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35
percent of floor area under roof; and (4) Flat roofs shall be located at the rear of the building out of view
from the public right-of-way.
(3) In the event of a hurricane or other major weather disaster in which the City
determines that single-family or multi -family Residential housing on the Real Property or in the City is
destroyed or substantially not habitable, the City may unilaterally authorize the temporary placement of
Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive
days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately
and promptly removed at other than City expense.
Section 3.2. Commercial Development.
(a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure
availability of sites that accommodate the varied site and spatial requirements for such activities as:
professional and business Offices, Commercial activities, employment generating businesses and general
retail sales and services. In doing so, the City shall promote the image and function of the urban core which is
the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a
transitional use separating more intensive Commercial uses from Residential Development in order to create a
tiered Development strategy.
(b) Heiaht: Intensitv. The Owner/Developer agrees that a maximum height for all structures
shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code in effect at the time of the
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issuance of a Final Development Order; subject always to the provisions of the Land Development Code in
effect at the time of the issuance of a Final Development Order.
The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive
degrees of higher intensity:
(1) Neighborhood level Commercial activities are defined in the City's Land
Development Code from time to time as including retail and office activities that service Residential
neighborhoods.
(2) Limited Commercial Land Use designation is to consist of sites intended to
accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited
Commercial activities and personal services shall include establishments catering to the following markets:
a. Neighborhood Residential markets within the immediate vicinity as
opposed to county -wide or regional markets; or
b. Specialized markets with customized market demands.
(3) General Commercial Land Use designation is to accommodate general retail
sales and services; highway oriented sales and services; and other general Commercial activities defined in
the Land Development Code. General Commercial designations are located in highly accessible areas,
adjacent to major arterials.
(c) Plattina: Subdivision. Prior to commencement of construction, the Owner/Developer
agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and
expense of the Owner/Developer subject to the Land Development Code in effect at the time of the issuance
of a Final Development Order.
Section 3.3 Residential Development.
(a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low
Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees
with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City.
Residential Development shall be planned and designed to create and perpetuate stable Residential
neighborhoods and implement the policies stipulated in the City Comprehensive Land Use Plan. Accessory
uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the
principal use, including guest houses or Adult Dwelling Units (ADU's), garages, in keeping with the residential
character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land
Development Code in effect at the time of issuance of a Final Development Order for a building permit.
(b) Density: Residential Development Standards. The Owner/Developer agrees that
Development on the Residential property shall meet the following standards:
(1) Areas designated as "Very Low Density" shall accommodate up to three (3)
dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual
lots;
(2) Areas designated as "Low Density" shall accommodate a maximum Density of
up to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached homes
on individual lots and attached residential homes;
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(3) Areas designated as "Medium Density" shall accommodate a mixture of single-
family (detached and attached) residential housing, multi- family residential housing, and Compatible civic
uses and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross acre. The Density of uses
within this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions,
buffers, and Compatibility.
(4) Density on Residential property may be clustered or transferred from Residential
property to Residential property or Commercial property; provided, that the requirements of this Agreement
are not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain
areas of the Real Property.
(c) Affordable Housina. The Owner/Developer is encouraged to coordinate with non-profit
legal entities to further expand opportunities for Affordable Housing.
(d) Plattina: Subdivision. Prior to commencement of construction, any Subdivision of the
Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's
Land Development Codes in effect at the time of Subdivision.
Section 3.4. Industrial Land use Development.
(a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located
sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further
designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and
job growth. The locations for IND and HI should be located with convenient access to major transportation
routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural
resources, and Protected Species.
(1) Industrial (IND) - Land Use designation provides for limited manufacturing and
industrial uses which minimize the potential for any adverse impacts upon nearby properties which include:
Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling
activities; general commercial activities; aviation related industry, services and facilities; support services such
as night watchmen or custodian residential accessory uses; and other similar land uses which shall be
regulated through appropriate zoning procedures.
(2) Heavv Industrial (HI) - Land Uses are subject to additional protective measures
through appropriate zoning procedures. The City will establish separate HI district location criteria and
performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses
permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent
properties including: sites which require large surface area, bulk storage facilities, logistic centers/ terminals;
distribution centers; warehousing, manufacturing and processing; green technologies and wholesale recycling
operations; and support services such as night watchmen or custodian residential accessory uses.
(b) Heiaht: Intensitv,. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Codes in effect at the time of
the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the
maximum Intensity of Industrial Use shall not exceed a 0.5 Floor Area Ratio.
(c) Location Standards.
(1) Industrial sites shall generally be allocated in areas accessible to arterial roads,
rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial
Land Use areas shall also be located near an existing Compatible Land Use, separated from Residential
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Tracts and Institutional Tracts. Where new Industrial Land Use Parcels are adjacent to environmentally
sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques
shall be used to ensure protection of such lands and resources from industrial Development.
(2) The allocation of land resources for industrial Development shall be responsive
to the location and space requirements of Industrial Land Use activities and potential fiscal and environmental
impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the
following considerations:
i. Trip generation characteristics and impact on existing and planned
transportation systems, including dependency on rail, air, or trucking for distribution of material and goods;
ii. Anticipated employment generation, floor area requirements, and market
area;
iii. Ability to meet established performance standards for preventing or
minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of
hazardous by-products;
iv. Impact on established as well as anticipated future Development and natural
systems; and
V. Impact on existing and planned public services, Utilities, water resources,
and energy resources.
(3) The City shall prevent nuisance impacts frequently associated with Industrial
activities by maintaining performance standards in the Land Development Code for managing emission of
noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
(4) In addition to the performance standards identified above, the City shall establish
performance standards in the Land Development Code as it pertains to both Industrial and Heavy Industrial
districts which at a minimum address, but are not limited to, the following:
i. Allowable uses;
ii. Land Use Compatibility, buffering and landscaping;
iii. Access points, traffic controls, and parking;
iv. Signage;
V. Gross floor area, impervious surface ratios;
vi. Open space;
vii. Character of an area;
viii. Locational factors;
ix. Environmental impacts; and
X. Secondary containment and open air storage facilities.
(d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial
Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to
the Land Development Code, in effect at the time of the issuance of a Final Development Order.
Section 3.5. Institutional Land Use Development.
(a) Uses. The Institutional Land Use designation is intended to accommodate existing
public and semi-public services including: governmental administration buildings; public schools, not -for -profit
educational institutions and charter schools; hospital facilities and supportive health care units; arts and
cultural or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation
facilities; public and private parks and recreation areas; and Utilities.
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(b) Heiaht: Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as
calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of
the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the
maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of
necessary public and semi- public services and Utilities shall be closely coordinated with Development
activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City
shall maintain and enforce appropriate standards and specifications for the design and construction of public
and semi-public services in order to promote cost effectiveness and quality control consistent with all
applicable federal, state, regional, and local standards.
(c) Plattina: Subdivision. Prior to commencement of construction, Lots, or Parcels of the
Real Property within any Institutional portion of the Real Property shall be Platted or Subdivided by and at the
sole cost and expense of the Owner/Developer subject to the Land Development Code in effect at the time of
the issuance of a Final Development Order.
Section 3.6. Reservations or Dedications of Land for Public Purooses.
(a) Reservation or Dedications. Except as otherwise set forth below, reservations or
dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's
or County's Land Development Code, as applicable, effective at the time of Site Plan approval for a given
portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater
Management Systems, water and sewer lines and lift stations, and other Infrastructure, to the City, County, or
other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages,
liens, and encumbrances and shall only be required by and at the time of Development.
(b) Roadways: Public Riahts of Way.
(1) To the extent required for the Development and at the time of Development, the
Real Property Development area will include connections to County Road 510, 82Id Avenue, and 69`" Street
right of way and roadways shall be Developed as permitted and consistent with Chapter 14-97, Florida
Administrative Code.
(2) To the extent required for the Development, the aforementioned connections to
County Road 510, 82nd Avenue, 69th Street, and the existing City and area road network, will all be made at
time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County,
the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or
aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other
appropriate governmental entity.
(3) The City acknowledges its intention, in good faith, to:
i. Coordinate the pro-rata funding of interchange, bridge crossings, or
roadways with the Developers or owners of adjacent land, when such land is benefited by those
improvements; and
ii. Implement, when possible and agreeable with other land Developers or
owners a "cost recovery" program for Utilities under the County's or the City's operation and control.
(c) Nothing in this Agreement shall prevent the Owner, its heirs, successors, and assigns from
receiving impact fee credits or other compensation for any conveyance of land or for any provision of public
infrastructure to the City, County, or other local government entity to the extent such conveyance of land or
provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and
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provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in
the future.
(d) Transmission. Distribution Svstem. To the extent required by the Development and at the time
of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be
responsible at its sole cost and expense for the installation of, connection to, or disconnection from,
pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County
reuse pipes, tees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities")
and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be
capable of operation and maintenance for a term of years as required at the time of installation by the County.
Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be
Developed by the City in consultation with the County.
(e) Over -sizing of Utilitv Public Facilities. The City or the County shall have the right to require, and
the Owner/Developer accepts the responsibility of providing and maintaining, all at its expense, oversized
Utility Public Facilities, including but not limited to potable water, Wastewater Treatment, Stormwater
Management System, and water reuse, all to serve additional properties on -site or off -site of the Real
Property; provided that a mutually agreeable cost recovery system can be put in place to reimburse the
Owner/Developer for the over -sizing of the Utility Public Facilities.
ARTICLE IV
ENFORCED DELAY. DEFAULT, REMEDIES AND TERMINATION
Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any party to
this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall
enforce this Agreement as provided in Section 4.3.
Section 4.2. Institution of Leaal Action. In addition to any other rights or remedies, any party
hereto, or their successors and assigns, may institute legal action to cure, correct or remedy any default, to
enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to
recover damages for any default; or to obtain any remedies consistent with the purpose of this Agreement.
This Agreement and each provision hereof section shall not be interpreted as a pledge of ad valorem tax or
other revenues. Parties to this Agreement, and their successors, heirs, and assigns, shall enforce this
Agreement as provided in Section 4.3.
Section 4.3. Enforcement by anv Partv to this Agreement.
(a) Notice of Default: Riaht to Cure. In the event of default by any Party to this Agreement,
or said Party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or
conditions, the Party alleging such default or breach shall give the breaching Party not less than sixty (60)
days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 6.5. The time
of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of
the alleged default, and, where appropriate, the manner and period of time in which said default may be
satisfactorily cured. During any period for curing the default, the party charged shall not be considered in
default for the purposes of termination or institution of legal proceedings. If the default is cured, then no
default shall exist, and the noticing party shall take no further action.
(b) Ootion to Institute Leaal Proceedinas. After proper notice and the expiration of said
period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the
default has not been cured.
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(c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this
Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this
Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right
to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies.
(d) Violation. In the event of violation of this Agreement by the Owner, the Developer, or
any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building
permits, Final Development Orders, or certificates of occupancy or certificates of completion, all as the case
may be, limited as to that phase of Development, or Plat of that phase of the Development where the violation
is applicable, all until such time and event as all such violation(s) are corrected and that phase of Development
of the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions,
and the Land Development Code. The City shall be required to notice the violator with a notice of the nature
of the violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final
Development Orders, or certificates of occupancy or certificates of completion relating to the phase of
Development and not to the violation itself. The City is authorized by this Agreement to use any form of code
enforcement to assure conformance with this Agreement.
ARTICLE V
ENCUMBRANCES AND RELEASES ON REAL PROPERTY
Section 5.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not
prevent or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering
the Real Property or any portion of any improvement thereon by any mortgage or other security device
securing financing with respect to the same; provided, that said mortgage or other security device shall be
released or satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City
or an incorporated property owner's, homeowner's or condominium association. The City acknowledges that
the lenders' providing such financing may require certain modifications, and the City agrees, upon request,
from time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate
in good faith any such request for modification; provided, that this Agreement shall not require the City's
acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security
instrument shall be entitled to the rights and privileges set forth in this article.
Section 5.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security
interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which
individual, successor or assign, has requested in writing to the City, shall be entitled to receive written
notification from the City of any default by Owner or a Developer in the performance of said individual's
obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the
failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City.
Section 5.3. Prot)ertv Subject to Pro Rata Claims. Any mortgagee or holder of a security interest
who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or
other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or
any part thereof, subject to this Agreement and to any pro rata claims for payments or charges by the City
against the Real Property, or any part thereof, secured by such mortgage or other security device which
accrued prior to the time such mortgage or holder of a security interest comes into possession of the Real
Property or part thereof.
Section 5.4. Release. The City hereby covenants and agrees that upon payment of all fees required
under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations
relating thereto (including completion of performance of continuing obligations), by the Owner upon request by
the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate release(s) of
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further obligations as to a particular and affected portion of the Real Property in form and substance
acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that
the foregoing provision shall not require the City to release any provision of this Agreement from use, density,
Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated
upon the termination or release of this Agreement with regard to any portion of the Real Property.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.1. Drafters of Aareement. The Owner, for itself, or their heirs, successors, and any
Developers, and the City, each were represented by or afforded the opportunity for representation by legal
counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently,
no provision hereof should be more strongly construed against any arty as drafter of this Agreement. Should
any action be brought in any court of competent jurisdiction by any of the Parties to this Agreement, including
the Owner or a Developer, or its of their respective successors, assigns, or heirs, each Party shall bear its own
attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation
decision.
Section 6.2. Covenants Runnina With the Land. It is the intention of the Owner of the Real
Property and the City, that this Agreement shall constitute covenants running with the land and with title to the
Real Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement
shall bind and the benefits of this Agreement shall inure to, the Parties hereto and all successors in interest to
the Parties to this Agreement. Such covenants shall expire upon termination of this Agreement.
Section 6.3. Convevance. The Owner shall give to the City written notice at least sixty (60) days
prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of
at least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real
Property to the City shall constitute the sale, assignment or transfer of a portion of the Real Property.
Section 6.4. Indemnification. The Owner and its successors in interest in ownership of any
portion of the Real Property ("Subsequent Owners"), shall indemnify, defend and hold harmless the City,
and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Owner or Subsequent Owners in the performance of this Agreement.
However, such indemnification shall not include claims of or damages resulting from, negligence or gross
negligence, or willful, wanton or intentional misconduct of the City or its officers, directors, agents or
employees, acting in their official capacity. Such indemnification shall not be required to the extent or
percentage of negligence of the City or its officers, directors, agents or employees, acting in their official
capacity. Upon request of the City, the Owner or Subsequent Owners, shall, at no cost or expense to the City,
indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified
above, and the Owner or Subsequent Owners, shall pay any cost and reasonable attorneys' fees that may be
incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above.
Notwithstanding the foregoing or any other provisions of this Agreement, Graves Brothers Company's
indemnification of the City and holding the City harmless shall apply only to the extent of Graves Brothers
Company's ownership interest in the Real Property at the time a claim arises or accrues against the City; shall
terminate as to Graves Brothers Company's, for any portion of the Real Property not owned by Graves
Brothers Company's when the claim arises or accrues; and shall terminate at the time a particular person or
legal entity no longer owns any portion of the Real Property. Nothing in this Agreement shall be construed as
the City waiving its sovereign immunity pursuant to 768.28, of seq., Florida Statutes, or any other sovereign or
governmental immunity. This section shall survive the termination of this agreement.
Section 6.5. Notices. All notices, demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid,
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return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States
Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows:
CITY: City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
With a copy to:
City Attorney
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
OWNER: Jeff Bass, President
Graves Brothers Company
2770 Indian River Blvd. — Suite 201
Vero Beach, FL 32960-4230
Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized
overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address
or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices,
demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or
addressee.
Section 6.6. Applicability of Ordinances and Resolutions of Citv to Aareement.
(a) The ordinances, resolutions, and Land Development Code of the City, governing the
Development of the Real Property shall continue to govern the Development of the Real Property, except as
otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a
portion of the Real Property, all then existing City Land Development Code shall become applicable to the
Development of the Real Property. Except as otherwise specifically set forth herein, no fee (including the
existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact
Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement.
(b) In the event that state or federal laws are enacted after the approval, effectiveness, or
execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this
Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or
federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as
a result of such modifications.
Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement
their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual
consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a
specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a
Final Development Order applicable to a portion of the Real Property, the specific provision herein shall
prevail. Use of the term "Owner" or "Developer" means and refers to the Owner and/or the Developer, their
successors, heirs, assigns, of any portion of or all of the Real Property.
Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are
severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder
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of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by
mutual consent of the parties.
Section 6.9. Entire Aqreement, Waivers, and Amendments.
(a) This Agreement constitutes the entire understanding and agreement of the parties. This
Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiation or previous agreements between the parties with respect to all or any part of the subject matter
hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder.
(b) All amendments hereto must be in writing signed by the appropriate authorities in a form
suitable for recording in the Public Records of Indian River County.
(c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement,
or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida,
Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto,
shall be returned to the City for filing in its records to be kept with the City Clerk.
Section 6.10. Interpretation: Venue.
(a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of
any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive
jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the
19th judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern
District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from
time to time.
(b) This section shall survive the termination of all or part of this Agreement.
Section 6.11. Termination of Previous Annexation Aareement: Previous Understandings.
(a) The Annexation Agreement between the Owner and the City recorded on August 29,
2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the
same is hereby terminated.
(b) All previous understandings, whether oral or in writing prior to the Effective Date of this
Agreement and not included in this Agreement, be and the same are hereby declared to be of no effect.
Section 6.12. Effective Date: Duration of Aqreement.
(a) The Effective Date shall be the date upon which this Agreement has approved and
executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian River
County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon which said
amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property
subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida.
(b) Unless earlier terminated as otherwise provided in this Agreement, this Agreement shall
terminate on September 30, 2043.
. ......... .-1-.... ..... NOTHING FURTHER"'1
Sebastian/Annexation 17.Agt Final Draft
02/01 /2023
21
221 of 360
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first
above written.
Signed, sealed and delivered
In the presence of: OWNER:
Sign: GRAVES BROTHERS COMPANY,
Print Name: a Florida Corporation
Address:
Sign: By:
Print Name: Jeff E. Bass, its President
Address: 2770 Indian River Blvd. —
Address: Suite 201, Vero Beach, FL 32960-4230
(CORPORATE SEAL)
STATE OF FLORIDA
SS:
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of _ physical presence or _ online
notarization, this day of , 2023, by Jeff E. Bass, as President of Graves Brothers Company, a
Florida Corporation, on behalf of the corporation. He is personally known to me or has produced
as identification.
Sebastian/Annexation 17.Agt Final Draft
Notary Public
State of Florida at Large
My Commission Expires:
Print Name:
02/01 /2023
22
222 of 360
CITY:
Sign
Print Name:
Address:
Sign
Print Name:
Address:
ATTEST:
Jeanette Williams, MMC
City Clerk
STATE OF FLORIDA
) SS:
COUNTY OF INDIAN RIVER )
CITY OF SEBASTIAN, a Florida
Municipal Corporation
By:
Paul E. Carlisle, its City Manager
Address: 1225 Main Street
Sebastian, FL 32958
(CITY SEAL)
The foregoing instrument was acknowledged before me by means of _ physical presence, or _ online
notarization, this _ day of , 2023, by Paul E. Carlisle, as City Manager of the City of
Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to
me or has produced as identification.
Sebastian/Annexation 17.Agt Final Draft
Notary Public
State of Florida at Large
My Commission Expires:
Print Name:
02/01 /2023
23
223 of 360
LM Li
SE
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Aqenda Item Title: Ordinance 0-22-07 — Petition for Voluntary Annexation — Graves Brothers Company
Recommendation: Conduct public hearing and adopt Ordinance 0-22-07 at second reading
Backaround: In accordance with Florida Statute 171.044, Voluntary Annexation and the City of
Sebastian Comprehensive Plan; the property owners, Grave Brothers Company, have requested a voluntary
annexation into the City of Sebastian. The subject property consist of 2044.3 acres, more or less, located south of the
north boundary of County Road 510 ROW, west of lands adjacent to the 74"' Ave ROW, north of 69'" Street ROW,
and east of 90'' Ave ROW. The subject property is currently vacant agricultural land in unincorporated Indian River
County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed
development lies adjacent to and contiguous with the service boundary for municipal services and applicant has
provided a Public Facilities Statement. On May 25, 2022, City Council held the first hearing of the proposed
Annexation and set the second hearing for September 13, 2022, which was tabled until the December 14, 2022 public
hearing. The item was then continued until the February S, 2023 City Council meeting.
The applicant has requested a Mixed Use (MU) land use designation in order to achieve consistency with the
city's adopted Comprehensive Plan 2040. Current land use in the County is AG-1 (1 du/5 ac). The property
currently maintains an active agricultural use so the zoning will remain as Agriculture A-1 with the County until
such time as the applicant petitions the City for a zoning amendment and development plans are made for the
property or a portion of the property. The applicant does not have a proposed development plan for the subject
property at this time. Additional information regarding the future use of the property will be presented during the
zoning amendment and land development process. A Justification Statement and Public Facilities Statement have
been submitted by the applicant (Attachment A). Subsequently, an Annexation Agreement is currently being
negotiated between the City of Sebastian and Graves Brothers Company, the property owner.
Consistent with established policy for Annexation requests, the City Council considered the request at first
reading and determined that the request has merit and should move forward. Prior to the adoption hearing, a
notice of the proposed annexation was published in the local newspaper for 2 consecutive weeks and posted for 4
consecutive weeks at City hall. Prior to publication, a notice, pursuant to F.S.171.044 (6), was provided to the
Board of County Commissioners via certified mail.
FINDINGS
I. A petition for annexation has been executed by the owners of the subject property and is
consistent with Chapter 171 F.S.
2. The proposal is consistent with the goals, objectives and policies of the City's 2040
Comprehensive Plan. The annexation of the property removes unincorporated lands which are
contiguous, compact, and within the municipal service boundary.
3. The proposal does not appear to present an adverse impact on the public health, safety, welfare,
or aesthetics of the city or region.
4. Level of Service (LOS) impacts will be addressed during site plan development.
5. The property legal description and survey are attached as Exhibit I a and 1 b.
224 of 360
If Anenda Item Reauires Exoenditure of Funds:
Budgeted Amount: 0
Total Cost. 0
Funds to Be Utilized for Appropriation: NA
Attachments:
i . Ordinance 0-22-07
2. Property Survey, Exhibit la and lb
3. Attachment A —Justification Statement and Public Facilities Statement
Administrative Services Departyfit Revie
City Attorney Review:
Procurement Division loview,PpplicaK. nl / M.
City Manager Auth rization:��/
Date: �3 /02 7
225 of 360
ORDINANCE NO.0-22-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND
CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED
SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510
ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW,
NORTH OF 69TH STREET ROW, AND EAST OF 90`h AVE ROW;
PROVIDING FOR THE EXTENSION OF THE CORPORATE
LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR
INTERIM LAND USE AND ZONING CLASSIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of real property in unincorporated Indian River County,
contiguous to the existing corporate limits and boundaries of the City of Sebastian, and
being reasonably compact, petitions the governing body of the City of Sebastian to be
voluntarily annexed into the municipality; and
WHEREAS, the City Council of the City of Sebastian, Florida finds and
determines that the annexation of said parcel is in the best interest of the City;
WHEREAS, an Annexation Agreement has been negotiated between the two
parties, City of Sebastian and Graves Brothers Company, and presented for adoption
under Resolution R-22-34; and
WHEREAS, adoption of 0-22-07 shall be subject to approval of R-22-34 and
execution by all parties of the Annexation Agreement;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The following described property now lying and
being in an unincorporated area of Indian River County, Florida, is hereby annexed into
the corporate limits of the City of Sebastian, Florida and the boundary lines of said City
are hereby redefined to include said real property as shown on "Exhibit la and lb"
containing 2044.3 acres, more or less.
226 of 360
Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION.
The interim land use and zoning classifications for this property shall be consistent with
the provisions of state law.
Section 3. FILING. A certified copy of this ordinance shall be filed with
the Clerk of the Circuit Court, as well as the Chairman of the County Commission of
Indian River County, Florida, and with the Florida Department of State within seven days
of adoption.
Section 4. NOTICE. That notice of this ordinance has been posted in
accordance with Section 171.044, Florida Statutes.
Section 5. 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 6. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid, unenforceable or
unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be
presumed that the City Council of the City of Sebastian did not intend to enact this
Ordinance without such invalid or unconstitutional provisions.
Section 8. EFFECTIVE DATE. Following its adoption and recordation,
including R-22-34 and the Annexation Agreement executed by all parties, this Ordinance
shall become effective.
2
227 of 360
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 Fred Jones
Vice Mayor Christopher Nunn
Councilmember Kelly Dixon
Councilmember Ed Dodd
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day
of , 2022.
ATTEST:
Jeanette Williams, MMC
City Clerk
3
CITY OF SEBASTIAN, FLORIDA
By:
Fred Jones, Mayor
Approved as to form and legality for
reliance by the City of Sebastian
only:
Manny Anon, Jr., City Attorney
228 of 360
EXHIBIT la
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST AND PART OF SECTION 36. TOWNSHIP 31 SOUTH, RANGE 38 EAST,
INDIAN RIVER COUNTY, FLORIDA
DESCRINTION OF PROPOSED LAND ANNEXATION:
HD LYND N tECTA 1, TOWMINP TT DOWN, RAHM X EAR AND PART
OF EECYEN A TOWNEHP eMRAM
MTGILLLY t ROM RAC N EA, INDIAN RVfR CY.
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EEDINNND AT TIE O__ FICTION CORNER O BEWMR n. m. N AM N.
W M M ff"FldTYR MODIFIED FIRM THE FLOOM
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GRAVES BROTHERS COMPANY
A FLORIDA CORPORATION
yL 2770INDIAN RIVER BLVD.
VERO BEACH, FLORIDA 32850
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SURVEYOR'S NOTES:
1. UNUE D RAM THE BERATWE AND THE DRIOWL FNNO a- OF A
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MK D FOR NFORNATONAL PURPOSES ONLYAN ,IE MTYALID.
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TO DELINEATE LKAL ARENS O CONCERN ON Nw OMER "IEDIW)FOL
DUE TON.
I.
TWO SKETCH AND DESTRIK" OF TIR PAROL ANNEXATION HA a MEN
MIEPA.ED FOR THE EMWNNE PANTRY LAID WE OF THE FENONe NND,CN
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MNENa WARNER RATE., CEN IM-10N O M. -1 NK A .
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MOE.EDML fNMYORR AND NA_. IT PARE. NIT RONM
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REFERENCES:
:LAM T01E0 SWEAROI BLION Y IEWNTR I. TOMMR ENAOTM..ANDE. PAST
A PAR OF NEWTIDN Ff. TC 1 El R FM -Be N FAR. NONN RHER
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EEOCNEaFR
!/
CAI1TER ASSOCIX1''ES, INC.
�.. - t
PSM M5728 State Of " 1
DATE mu'NN'
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21At STREET. VERO BEACH, FL 32960
1D.AdE.Luethje,
Rodda W ,l r'
A yAY.F L
a or R ; o.NW LIINr
TEE: (m)Se74191 FAN:ITT2)_-'T.
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THIS SKETCH AND DESCPoPTON 13 NOTA BOUNDARY SURVEY.
SKETCH & DESCRIPTION SHEET _
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST of 2
S PART OF SECTION 30, TOWNSHIP 31 SOUTH, RANGESS EAST
INDIAN RIVER COUNTY, FLORIDA
PROPOSED PROPERTY ANNEXATION
EXHIBIT lb
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
PART OF SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST AND PART OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA
DESCRIPTION OF PROPOSED LAND ANNEKATION:
kL TNT WNp LYOA WFIMN xN R IECTOM 1I, TOwN11UP T I RIDS MHOS N FM ND
MN OF ... ], TDRO NP N SUMS, NAME IN MT. NN1N NALT COWITY, RONDA,
ENO MORE PARTNNAW DNNOR EE-0N FOALVAIS
CONIENORI AT TIE C I. I FEC w C DUNG. SECTOR SA SE N AfF,1OYIHINIP W
SWIM, RANpE S ENT, MDNN RIVNR COWIT'. ¢DINAR 4MED FI A FOYMD
WNWEIT WON NO IpEHIFlGlION. N ECONOND YAfN THE FLMIDA
ONPMEEMCF MWR_—PRSTeSNE ER11FE0 CONIES.fl14SM, aTO NUMER
LFAMI.PON WUIII M'ARW Wi ♦ONO THE bOHTN INIE OF MD FECTOH IS. TOWMEIP T
SWTN. RARE ]t EAST A OMNq O 19E N FEN; xAWNO SOD NNNCLI
4E PUN SWIN 00RMEN OWTMCE OFAS ]FEST SITNE WUM NOM OF WAY LIM
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REFERENCES:
RA]TTIED'WNIVMYIURA'EYPAI MWMIMPARTWSEGTION]E,TNT.OS_
E., N. NN-D N 2 AND 11, TM. . ROE 3S E, IRCO, IL. PROJECT
MIMES. OASTS, ONW NI NDNM 22NTL DATED AHE L lO2I.'—ED SY
CARTN --It N.
GRAVES BROTHERS COMPANY{}}
CAIiTEIiASSUC1A7tMS INC.
David E. LuetNe
1 •AFLOIICACORFORATION
;_Tm
CONSULTING ENGINEERS AND LAND SURVEYORS
PSM#5728State.
:D�27701NDIAN
RIVER SLVD. S207
170821 at STREET, VERO BEACH. FL 32B80
of FlDlidaRLOTRNl6VERO
BEACH, FLORID♦ 32S80
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RIFP_LNNETFA Rr
DATE �EW.ME:IDSSEAN
In :EENNEE
i.1 EPo.:S]SWRN�
THIS SKETCH AND DESCRIPTION III NOT A BOUNDARY SURVEY.
SKETCH & DESCRIPTION SHEET
PORTION of SECTION 35, TOWNSHIP 37 SOIRH, RANGE 38 EAST 1 of 2
& SECTION 2AND 11. TOWNSHIP 32 SOUTH, RANGE 38 EAST
INDIAN RIVER COUNTY, FLORIDA
PROPOSED PROPERTY ANNEXATION
Prepared by
Darlene Pegg, an employee of
Elite Title Of The Treasure Coast, Inc.
3055 Cardinal Drive, Ste 105
Vero Beach, Florida 32963
(772)231-5560
Return to: Grantee
�> File No.: ET 20285
SPECIAL WARRANTY DEED
THIS INDENTURE, executed on must 25, 2022 between
Sebastian River. Improvement District, a drainage district organized and existing under the
General Drainage Laws of the State of Florida, also known as Sebastian River Water Control
District, formerly known as Sebastian River Drainage District
whose mailing address is: C/O Special District Services Inc 2501a Burns Rd, Palm Beach Gardens, FL
33410,
hereinafter called the "grantor", and
Graves Brothers Company, a Florida corporation
whose mailing address is: 2770 Indian River Blvd., Vero Beach, FL 32960-4230,
hereinafter called the "grantee":
(Which terms "Grantor" and "Grantee" shall include singular or plural, corporaton or Individual, and either sex, and shall Include
heirs, legal representatives, successors and assigns of the same)
WITNESSETH: The grantor, for and in consideration of the sum of $10.00 and other good and valuable
consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, release,
convey and confirms unto the grantee, their heirs and assigns, all that certain land situate in Indian
River County, FL, to -wit:
See (Exhibit "A" and Exhibit "B" attached hereto
Subject to all reservations, covenants, conditions, restrictions and easements of record and to all
applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way
appertaining.
To Have and to Hold, the same in fee simple forever.
And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; and that said land is free
of all liens, reservations, restrictions, easements, leases, tenandes, and other encumbrances, except the
permitted exceptions and taxes accruing subsequent to December 31, 2021, and hereby releases any
automatic reservation and right of entry in accordance with Section 270.11, Florida Statutes. That It
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under Grantor, but against none other.
Page 4
File No, ET-Wof 360
In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first
above written.
Sebastian River Improvement District, a drainage
district organized and existing under the General
Drainage Laws of the State of Florida
13y: t/�_
Name: Thomas S Hammond
Title: Vice -Chair
Signed, sealed and elivered In our esen
r'
Witness Sign re
Darlene K PeZg
Print Name
State of Florida
County of Indian diver
Witness Signature
Sheila M. Milton
Print Name
The Foregoing Instrument Was Acknowledged before me by means of M physical presence or ❑
online notarization, on August 25. 2029 , by Thomas S Hammond . as
Vice -Chair , on behalf of Sebastian River Improvement District, a drainage
district organized and existing under t e General Drainage Laws of the State of Florida, also
known as Sebasti _n River Water Contr#1 District, formerly known as Sebastian River
Drainage District/ e�i fisti ng under �he law of the State of .
f jN9V P�(__ v
DARLENE K. PEGG
(Printed Name) : DARLENEK.PEGG
x= Commission # HH 080157
o o Expires April 14, 2025
My Commission expires: `", n'° BW1471nuiwyFain inaumra800485d019
{ivotarlal Seal}
Personally Known 0 OR Produced Identification l
Type of Identification Produced a valid driver's license
Page 2 4
File No. ET9f 360
EXHIBIT "A"
Legal Description
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-S-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 30.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEEL' OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-
HALF (1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT
OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER COUNTY,
FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT "RANGE LINE CANAL" / 74th/ AVENUE 'DIKE AND CANAL' (100 FEET
WIDE RIGHT OF WAY), DEED BOOK 48, PAGE 23, ST. LUCIE COUNTY, FLORIDA, SAID WEST
RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT RANGE LINE
CANAL ALSO BEING THE EAST LINE OF SAID SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF J
Page 3 of 5
File No. ET-2W of 360
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL" (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE NORTHWESTERLY EXTENSION OF THE NORTHEAST RIGHT OF WAY OF
THE SEBAS77AN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE
RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 2101 PAGE 300,
INDIAN RIVER COUNTY, FLORIDA, AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" BYPASS CANAL (125.00 FEET
WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (150.00 FEET WIDE RIGHT
OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN
RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6-W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER
(1/4) OF THE NORTHWEST ONE -QUARTER (1/4), AND THE NORTH 50.00 FEET OF THE
SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST
ONE -QUARTER (1/4) OF SECTION 11, TOWNSHIP 32 SOUTH, RANGE 38 EAST LYING EAST
OF THE EAST RIGHT OF WAY OF THE SEBAS71AN RIVER IMPROVEMENT DISTRICT LATERAL
"D" CANAL (275.00 FEET WIDE RIGHT OF WAY) AND WEST OF THE SOUTHEAST ONE -
QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER (1/4) OF SAID SECTION 11, TOWNSHIP
32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA.
SUBIECT TO:
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 212.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
Page 4 of 5
File No. Et'M&T 360
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82ND AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL W CANAL- (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-3-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO. 11, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
60, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-5-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 292.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE NORTH 30.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L"' CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-S-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO. 10, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
59, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
i
Page 5 of 5 I
File No. ET-22d�of 360
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL 0-5-E CANAL EXHIBIT "B"
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEETOF THESOM ONE-HALF 0A) OF THE SOUTH ONE-HALF (1/2), AND THE SOUTH 50.00FEET OF THE NORTH ONE-HALF (1/21 OF THE SOUTH
ONE-HALF (1/4 OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INOIAN RIVER COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHTOF WAY OF RANCH ROAD
(82'4AVENUE, COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RKLHT OF WAY MAP, PARCEL i02, SECTION R&"A5-2611, OFFK;IALRECoRD BOOK 3225,
PAGE 1910, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SERA LAN RIVER IMPROVEMENT DISTRICT
LATERAL v CANAL (125AO FEET WIDE RIGHT OF WAY) RIGHTOF WAY MAP 1960, OFFICIAL RECORD BOOK 21% PAGE 30% INDIAN RIVER COUNTY. FLORIDA.
THEABOVE DESCRIBED FARM CONTAINING 437,775.895QUARE FEETOR 10J150ACRES, MORE OR LESS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 59.00 FEET OF THE SOUTH DNE 1ALF (1/2) OF THE NORTH ONE-HALF (1/2). AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (:VA) OF THE
NORTH ONE-HALF (1/2) OF SECTR]N 1, TOWNSHIP 32 SOUTH, RANGE 36 EAST, 'INDIAN RIVER COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF
RANCH ROAD (82i3 AVENUE, COUNTY ROAD 6091 RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION 88503.2611, OFFIM
RECORD BOOK 3225. PAGE 194% PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENTUISTRICT LATERAL -V CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT OF WAYMAP 1960, OFFICTALRECORO BOOK 210, PAGE300, WDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH SOAO FEET OF THE SOUTH ONE-HALF (112) OF THE NORTH ONE-HALF (1/2), AND THE SOUTH 50.00 FEETOF THE NORTH ONE-HALF 119 OF THE
NORTH ONE-HALF 11/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 3R EAST INDIAN RIVER COUNTY. FLORIDA. LYING EAST -OF THE.EAST IWHT OF WAY OF THE
SERASTUU4 RIVER IMPROVEMENT DISTRICT LATERAL " V CANAL(125.00 FEET WIDE RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 110, PAGE
30D. INDIAN RIVER COUNTY. FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF INDIAN RIVER FARMS WATER CDNTFtbL owmCT'RAma LBNE CANAL' /741*
AVENUE 'DIKE AND CANAL' (100 FEET WIDE RIGHT OF WAY), DEW BOOK 48, PAGE 23. ST. WOE COUNTY, FLORIDA. SAID -WEST RIGHT OF WAY OF THE INDIAN
RIVER FARMS WAM CONTROL DISTRICT RANGE LINE CANAL ALSO BEING THE EAST LINE OF SAID SECTION 1, TOWNSHIP 32 SOUTH, RANGE 3B EAST, INOIAN
RIVER COUNTY, FLOMOA
THE ABOVE DESCRBE0 PARCEL CONTAININaW0,317,25 SQUARE FEET OR11.486AC.RES, MORE OR LESS,
SEBASTIAN RIVER IMPROVEMENT DISTRICTSUB-LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTIF ONE-HALF (IAA OF THE SOUTH ONE-HALF (112), AND THE SOUTH 50.00 FEET OF THE MONTH OHE-HAUL 11121 OF THE SOUTH
HALF OF SECTION 36. TOWNSHIP 31 SOUTH, RANEE 38 EAST, INDIAN RIVER COUNTY, FLORIDA LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82M
AVENUE, COUNTY ROAD 5091 RIGHT OF WAY PER STATE OF FLDRIDARIGHTOF WAY MAP, FARM 102. SECTION RRS03-26L3, OFRM RECORD BOOK 3225, FADE
1940, PUBLIC RECORDS OF MAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHTOF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL
'VCANAII ISMOD FEETWVE RIGHT OF WAY1 RIGHT OF WAY MAP IMI. OFROAt RECORD ROOK 211% PAGE 3W, IN THAN RIVER COUNTY. FLORICUL
AND THE NORTH SQOO FEETOF THE SOUTH ONE-HALF 1112) OF THE SOUTH ONE-HALF (1/2). AND THE SOUTH SOUO FEET OF THE NORTH DNEHALF (1F2) OF THE
SOUTH HALF OF SECTION 36. TOWNSHIP 3L SOUTH, RANGE38 EAST, INDLAN RIVER COUNTY, FLORIDA. LYING EAST OF THE NORTHWESTERLY EXTENSION OF THE
NORTHEAST RIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL IV CANAL (125J10 FEET WIDE RIGHT QF WAY) RIGHTOF WAY MAP 1960,
OFFICIAL RECORD BOOK 21A PAGE 300, IN" RIVER COUNTY, FLORDA, AND WEST OFTHE WLSTRIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT LATERAL-L- BYPASS CANAL (125D0 FIE ET WIDE KISHT OF WAY), RIGHT OF WAY MAP 1960, OPRCIAL RECORD BOOK 210, PAGE 301% INDIAN RIVER
COUNTY, FLORIDA.
7HEABOVE DESCRIBED PARCEL CONTAINING 339,846.78 SQUARE METOR 7,802 ACRES, MORE OR LESS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION'
THE NORTH SOAO FEET OF THE SOUTH ONE-HALF (112) OF THE NORTH ONE-HALF (V2). AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE
NORTH ONE-HALF (1/2) OF SECTION 36. TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA LYING EAST OF THE EAST RIGHT OF WAY OF
RANCH ROAD (RYd AVENUE, COUNTY ROAD ED9) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARM 102, SECTION 18503.2611, OFFICIAL
RECORD BOOK 3225, PAGE T94% PUaUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN RIVER
IM PROVEMENT DISTRICT LATERAL'V CANAL (150.00 FEET WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1914 OFFICIAL RECORD ROOK 2106 PAGE 3006 IND"
RIVER COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL CONTAINING 236,709.74 SQUARE FEET OR SA34 ACRES, MORE OR LESS,
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6,W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH 50.00 FEET OF THE NORTH ONEFALF 12/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER (1/4). AND THE NORTH
SD.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST ONE-QUAITIER 11/4) OF SECTION 11, TOWNSHIP 32
SOUTH, RANGE 3B EAST LYING EASTOF THE EAST RIGHTOF WAYOF THESERASTIUN RIVER IMPTIOVEMENT DISTRICT IATERAL'O' CANAL (275.00 FEET WIDE RIGiT
OF WAY) AND WEST OF THE SOUTHEAST ONE -QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER 11/4) OF SAID SECTION 11. TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVERCOUNTY, FLORIDA
THE ABOVE DESCRIBED PARCEL CONTAINING 105,653.69 SQUARE FEET OR 2A25 ACRES, MOREOR LESS. .T ,`►�43R
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p CONSULTING ENGINEERS AND LAND SURVEYORS ovtoeav aiu PARCELS a E. & C. 36OF SEC. 1 ; O 1 of 8
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TEL (7T2) E824191 FAX p72) 662•71aO W N w•'t
PARCEL DESCRIPTIONS i p„yv-360
Annexation into the City of Sebastian
Comprehensive Plan Amendment
Graves Brothers Company
Portions of Sections 1-32S-38E, 2-32S-38E, 35-31S-38E and 36-31S-38E
Indian River County, FL
Prepared by:
Schulke, Bittie & Stoddard, L.L.C.
Joseph Schulke, P.E.
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
JUSTIFICATION STATEMENT
This statement has been prepared to support a request to annex 2044.318 acres of property
(Including right-of-way) into the City of Sebastian and change the future land use map
(FLUM) designation of the applicant's 1913.593 acre property (net acreage, excluding right-of-
way) from Indian River County "AG-l" (Agricultural - 1 unit/5 acre) to City of Sebastian Future
Land Use Map designation of "Mixed Use".
Introduction
The purpose of this request is to secure the approvals necessary for the annexation of the property
within the City of Sebastian, with a Future Land Use designation consistent with the city's Future
Land Use Map (FLUM) and with densities and intensities consistent with the city's adopted Future
Land Use Element of the Comprehensive Plan (April 2040).
The landowner is: Graves Brothers Company
Jeff Bass, President
2770 Indian River Blvd, Suite 201
Vero Beach, FL 32960
The property is in parts of sections 1-32S-38E, 2-32S-38E, 35-31S-38E and 36-31S-38E. The site
is bounded by and lies south of C.R. 510, west of 74d` Ave (extension), north of 69 `h St, and east of
90th Ave. The northern portion of the property (hereafter referred to as "the site") abuts the City of
Sebastian city limits. The site is bisected in the north/ south direction through it's approximate
center by 82nd Ave.
The acreage of the site is:
Gross ROW Net
82nd Ave, east: 1139.021 73.524 1065.497
82nd Ave, west: 905.297 57.201 848.096
Total: 2044.318 130.725 1913.593
The land is located entirely within the city's designated Annexation Reserve area, an area identified
in the city's newly adopted 2040 Comprehensive Plan, (reference Exhibit A: "Map 1-14:
Annexation Reserve Area" COS 2040 Comprehensive Plan". The site boundaries have been
superimposed onto the map for reference.
Page 2
240 of 360
Consistent with Objective 1-2.2 and its related policies, the City acknowledges a need to prevent
urban sprawl and disjointed urban service delivery systems. The result of adjacent properties along
the same corridor being governed by two different sets of development regulations is more likely to
result in a lack of coordination leading to poor urban design and a corridor that does not function
as well as it should. In addition, the City desires to develop a plan for managing annexation of
unincorporated enclaves, the annexation reserve areas as well as fringe areas adjacent to the City,
especially for potential economic centers within the incorporated area.
The proposed FLUM designation of "Mixed Use" is appropriate at this time because urban growth
is contiguous and agricultural activities are no longer economically viable, (reference Objective 1-
1-4)
Policy 1-1.4.1: Agriculture Land Use Designation. The Agriculture land use designation shall be
used for the following uses: farming, crops, range and livestock activities; protecting industries that
are a part of the state 's traditional economic base such as citrus and aquaculture; agricultural
research; agricultural related businesses; public facilities; institutional uses or recreational uses.
The City shall also utilize the Agriculture land use designation for future annexations of existing
agricultural lands until such a time that urban growth is contiguous and agricultural activities
are no longer economically viable
Urban scale development that is contiguous to and adjacent to the site includes:
-The City of Fellsmere has annexed all the lands on the southern 2/3 of the land's west boundary.
-Vero Lake Estates (IRC) is fully developed along the sites northern 1/3 of the land's west
boundary.
-Liberty Park PD TND (IRC) has been approved for significant urban development along the sites
northern 14 of the east boundary. The developer has submitted construction drawings to IRC for
approval and commencement of construction.
-Treasure Coast elementary school and Blue Water Bay PD (IRC) have developed along the sites
northern boundary. Several other lands lying north of the site have received development approvals
for urban development, including Sebastian Park and River Oaks, lying north of the land's north
boundaiy. Recently the City has annexed lands north of the site, including Graves 66.87 acres
(contiguous to this site), and Cross Creek Lake Estates Addition (25 acres) located North/ North
East of the site, which both have expanded the city limits to the south.
-FDOT is currently under preliminary design to 4 lane/ widen CR510 along the land's north
boundary. (Reference COS 2040 Comp Plan Future Transportation Map)
-FDOT is currently under preliminary design to construct a new 2 lane arterial roadway (82 nd Ave)
from Cr510 to 69 tb St, which bisects the land, starting at the site's north property line and ending at
the site's south property line. Notably, this new corridor will traverse the entire length of the City's
annexation reserve area, and this corridor will complete anew north/ south corridor from Cr510 to
Sr 60. (Reference COS 2040 Comp Plan Future Transportation Map)
See Exhibit B - Location Map and Thoroughfare Plan Road Network
Agriculture has become economically unfeasible:
For many generations this area had been primarily dedicated to the production of citrus. Following
the hurricanes in 2004 and 2005, Citrus Canker became endemic to the industry followed closely
by the much more deadly Citrus Greening disease. Citrus production is now only economically
viable in large acreage blocks where all growers can practice similar defensive cultural practices.
Because of neighboring conversions to urban and non -citrus uses, this area is now like an island
Page 3
241 of 360
where citrus production is no longer feasible. Land conversion costs make transiting to other
agricultural uses such as row and vegetable crops unfeasible as well. While livestock grazing is
available, the economic returns will not support the long-term maintenance demands of the
property.
Obiectives for the future development of the Annexation Area
The applicant has met several times with city staff to discuss the applicant's plans for its land, and
the annexation procedure and the necessary requirement that the annexation and all future potential
development would be required to be consistent with the newly adopted 2040 comprehensive Plan.
Consequently, the applicant has agreed that the development of the land will adhere to the
foundational element of the comprehensive plan (the Land Use Element). The Land Use Element
promotes livability, sustainability, and smart growth principles to guide the development of the
City of Sebastian and shape how the City will grow in the next 20 years. Objectives of the
annexation consistent with the Comp Plan include:
-Encourage mixed use development
-Promote affordability, accessibility, and healthy communities.
-Encourage low -impact development, sustainable, and energy efficient building design and
construction practices;
-Follow growth management principles to prevent the proliferation of sprawl and ensure adequate
infrastructure and public facilities are provided concurrent with development
-Utilize the "Planned Unit Development" Process (PUD) to establish design standards and form -
based code principles in order to enhance the design of any future development and recognize
unique land characteristics.
Tools and Governance
The city's newly adopted comp plan has established the tools and governance required to ensure
these objectives are met, including:
1. FLUM -This application includes a request to designate the Future Land Use as "Mixed
Use". The city adopted this new Future Land Use designation concurrent with the adoption
of the 2040 Comprehensive Plan.
See Exhibit E - Proposed City FLUM Amendment
Policy 1-1.3.6: Mixed Use (MU). The purpose of the Mixed Use designation is to provide a mixture of
residential, office, commercial, recreational, limited industrial, and institutional uses and encourage town
centers along major arterial corridors. This designation shall target areas outside of the Riverfront Mixed
Use district to allow for greater flexibility and changing market types in identified areas of the City such as
the Sebastian Boulevard Triangle Area. These areas may also serve as TDR receiving areas allowing for the
preservation of additional preservation and conservation lands within the City. Additional design and
development standards including form based code principals shall be incorporated into the LDC. The
maximum intensity is 0.6 FAR, and up to 1.0 FAR with incentives. The allowable residential uses include
single family, duplexes, and multi family up to ten (10) dwelling units per acre, and up to twelve (12) dwelling
units per acre with the use of TDRs or incentives. Incentives shall be outlined in the LDC and may include
but are not limited to projects that incorporate regional stormwater pond(s), shared parking structures (s),
bike/pedestrian connectivity, and quality of public open space.
Page 4
242 of 360
2. PUD - Future development of the site is anticipated to follow the development concepts
and procedures through the use of the "Planned Unit Development" (PUD).
Policy 1-1.6.1: Planned Unit Development Overlay Designation. The City's LDC shall continue to allow a
planned unit development overlay zoning designation in order to provide a voluntary management
framework for coordinating objectives of developers with those of the City Council. The City Council shall
reserve the authority to invoke new conditions in extending development rights based on: • Changes in
conditions surrounding the impacted land uses in the vicinity; • Evolving issues surrounding infrastructure
levels of service; • Impacts on natural resources; and/or • Other related issues impacting the nature of the
proposed planned unit development. Policy 1-1. 6.2: Planned Unit Development Option. The planned unit
development overlay designation shall be available as a voluntary approach for managing specific
development characteristics and project amenities to be incorporated in residential, commercial, industrial,
or mixed use development options. Developers who voluntarily participate in the process shall bind
themselves as well as those who may be their successors in title to the subject land.
3. LDC - The city's primary tool to ensure all development is in conformance with the 2040
comprehensive plan is the City's "Land Development Code" (LDC). Any new
development must adhere to both the guiding Objectives and Policies of the Comp Plan,
and as referenced within the Comp Plan, all development must conform to all development
regulations within the city's land development code. The LDC is designed to:
Regulate the subdivision of land, and regulate the uses on land and in water consistent with this
Element, ensure the compatibility of adjacent land uses, and provide for open space;
Protect the environmentally sensitive lands and aquifer recharge functions
Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater
management.
Dedication, acquisition and development of future rights -of -way
Provide that development orders and permits shall not be issued which result in a reduction of levels
of services (LOS) for impacted public facilities
Growth Management Principles
The aforementioned tools at the applicant and city's disposal ensure the future development of the
site will follow the Growth management principles the city has envisioned in its comp plan.
Guiding principles include:
1. Compatible Design: Future development of the site will consider the adjacent land uses
and provide compatibility measures, recognizing the primary adjacent land uses are:
Urban areas to the west:
-City of Fellsmere city limits; future urban development area along the southern 2/3 of the
land's boundary
-Vero Lake Estate; urban scale development area along the north 1/3 of the west boundary
Urban areas to the North:
-Treasure coast Elementary school, Blue Water Bay, and several other lands with
development approvals (Sebastian Park, River Oak) lying north of the land's north
boundary.
-Sebastian's southern limits and other urban development within the un-incorporated areas
of the county.
Page 5 243 of 360
Urban and Agricultural areas to the east:
- Liberty Park PD TND, a urban scale development approved for development within un-
incorporated county areas along the north Vi of east boundary.
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
along the southern of the east boundary
Agricultural areas to the south
-agricultural areas (primarily 5 to 20 acre ranchettes) within un-incorporated county areas
south of the site.
The Comp Plan clearly provides policies to ensure future development of the land will
provide compatibility measures:
Policy 1-2. 1.1: Smart Growth Principles. The City shall promote smart growth principles
that direct growth in an intentional, comprehensive way. These principles include but are
not limited to promoting a mix of uses, compact building design, walkable communities,
housing diversity, environmental preservation, and transportation choices.
Policy 1-2.1.2: Protect Developments from Possible Adverse Effects of Neighboring
Permitted Uses. The City 's LDC shall incorporate standards and/or review criteria for
mandating retention of open space, regulating building design, including setbacks,
building placement on site, and building orientation. These provisions shall be directed
toward supporting compatibility as well as to preserving light, air, and open space. Other
reasonable design principles, including buffering standards, shall be included in the LDC.
Policy 1-2. 1.3: Minimize Impacts Between Urban and Rural Land Uses. The LDC shall
incorporate performance standards, urban service availability standards, and other
requirements which ensure buffering between urban and rural land uses. This is necessary
in order to maintain responsive land management policies along the outer suburban fringe
where urban development within the City could potentially impact unincorporated
agricultural lands, and vice versa.
2. Reduce Urban sprawl: Any future development of the land will require that the location,
scale, timing, and design of development will be coordinated with public facilities and
services to prevent the proliferation of urban sprawl, maximize public infrastructure, and
achieve cost effective land development patterns.
Policy 1-2.2.2: Resource Protection. The City shall seek to maintain and manage the
City's natural and man-made resources by establishing a pattern of development that is
harmonious with the City's natural environment and quality of life.
*Policy 1-2.2. 4: Accommodate Growth. The City shall continue to seekfiscal resources to
extend City service areas, improve City roadways, coordinate public infrastructure and
make other improvements necessary to accommodate growth and maintain services and
facilities at adopted level of service standards.
*Policy 1-2.2. S: Development Orders and Permitting Process. Development orders and
permits for all future development shall be timed and staged to assure that requisite
infrastructure and services are available
Policy 1-2.2.6: Concurrency Management. The maximum allowable density and intensity
of land uses may be limited based on available public infrastructure. Land use shall be
predicated on availability of man-made infrastructure and service systems required to
support respective land use activities. The City shall continue enforcing their concurrency
Page 6 244 of 360
management program, pursuant to Ch. 163, F.S., to ensure that future development is
provided essential services and facilities at acceptable standards.
*Policy 1-2.2. 7: Design of Public Facilities and Utilities. Public facilities and utilities
shall be located and designed to maximize the efficiency of services provided and
minimize adverse effects on natural systems and conservation lands.
*Policy 1-2.2.9: Accommodating Requisite Infrastructure. During the subdivision review,
site plan review, and permitting processes the City shall insure that respective future
developments allocate sufficient land area for infrastructure required to support the
proposed development.
*Policy 4-1.2.5: Conditions Governing Development Orders or Permits. Consistent with
Policy 4- 1.1.7, the LDC shall include performance criteria regulating the location, timing,
and scale of development in order to ensure that new development is effectively served by
wastewater services. The performance criteria shall utilize recognized best management
practices, discourage the proliferation of permanent package treatment plants and the
extensive use of septic tanks and wastewater drain fields on areas with characteristics or
conditions unsuited for their adaptation, and comply with all applicable permitting
procedures.
3. Utilize concepts for managing land and water resources, including joint use stormwater
features, low impact development and other best management practices.
Policy 1-2.3.1: Low -Impact Development (LID). The City shall encourage LID principles
for development and redevelopment including those within newly annexed areas. The City
shall require new developments to address future nutrient loading and water conservation
through principles including but not limited to: • LID design practices and technologies
that address energy, water, and nutrient conservation.
Policy 1-2.3.2: Incorporate Innovative Techniques in the Land Development Code. The
City's LDC shall continue to incorporate land and water resource best management
practices such as reduced impervious areas, increased buffers, LID, surface/storm water
management including water quality, soil erosion and sedimentation control, and
conservation of water
Future Planning
The development of the site will adhere to the Mixed Use FLUM designation.
The planning of future development of the site will be completed under the policies and guidelines
of the Mixed Use FLUM designation, and regulations and approval procedures outlined in the city's
P.U.D. development review and approval process.
Policy 1-1. 3. 6: Mixed Use (MU). u The purpose of the Mixed Use designation is to provide a mixture
of residential, office, commercial, recreational, limited industrial, and institutional uses and
encourage town centers along major arterial corridors "
The "Mixed Use" FLUM designation and PUD development approval process provides the city
with the tools and the regulatory authority to guide and direct the location, uses and intensities of
residential and non-residential uses, while providing additional regulations to ensure Land use
compatibility, buffering and open space provisions, prevention of urban sprawl, and protection and
management of natural resources. These policies and guidelines include:
Page 7
245 of 360
Policy 1-3. 1. 1: Urban Design and Community Appearance. Goodprinciples of urban design shall
be applied through site plan review procedures in order to enhance general community appearance
as well as to preserve and enhance open space and landscape. This program shall assist in
protecting major natural and man-made resources within the City
Policy 2- L L 5: Greenway Plan. Consistent with the North Indian River County Greenways Master
Plan (2008), the City shall seek funding for and prepare and maintain a Greenways Plan for bicycle
and pedestrian access.
Policy 1-3.2. 1: Development Impacts. The City shall require applicants to demonstrate measures to
mitigate the adverse impacts of the proposed development on historic or archaeological site or
structure
Policy 1-3.4.1: Healthy Communities. The City shall ensure equitably distributed and accessible
active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (i.e. parks,
greenways) to support healthy lifestyles and physical activity
Policy 2-1. 1.9: Sidewalks and Multi -use Paths. The City shall conduct a sidewalk assessment and
walking study. Sidewalks or multi -use paths shall be mandatory on all new development and on all
new roadway construction.
Policy 4-1.4. 1: Protect Natural Drainage Features. The City shall protect natural drainage features
and ensure future development utilizes stormwater management systems consistent with criteria of
all appropriate local, state, and federal agencies
Policy 4-1.4. 3: Ensure that Urban Lands Provide Adequate Drainage and Protection from Flooding
and Manage the Retention of Ground and Surface Water at Levels that Enhance Natural Storage
Capacity of Watersheds and Promote Aquifer Recharge
Policy 4-1.4. 7: Buffer Zone Requirements. The LDC shall include performance criteria which shall
require that new development provide buffer zones adjacent to natural drainageways and retention
areas
Policy 5-1.1.1: Protection of Natural Resources, Wildlife, and Habitats. The City's land
development code (LDC) shall include: a. Performance criteria that protects the City's natural
resources, wildlife, and habitats of endangered or threatened species from the adverse impacts of
development by regulating the location, density, and intensity of those activities which cause the
adverse impact.
Policy 5-1.1.6: Open Space Corridor System. Through the LDC and land development review
process, the City shall continue to identify opportunities to: a. Provide an interconnected open space
corridor system that links existing open spaces, greenways, public right of ways, and trails including
new open space corridors b. Provide connections from adjacent development to existing or planned
open space corridors c. Connect parks and civic resources (i.e., Community Center) d. Provide low -
impact natural activities such as walking trails, benches, picnic areas, and canoe/kayak launches e.
Connect the City and County 's open space corridors f. Require that open space corridors minimize
the fragmentation of significant wildlife habitat. Corridor widths shall be defined based on the
natural range of targeted habitat/species; however, are generally considered to be a minimum of
25 feet in width
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While the Mixed Use FLUM defines maximum intensities and densities, the Comp Plan and LDC
also regulate and restrict future development to ensure development is low impact, including
provisions for appropriate ecological preservation, adequate buffering and open space, and
opportunities to designate residential and commercial needs of the city, as defined in the city's
comprehensive plan.
Site Intensitv and Densitv
The comp plan provides guidance on both the location and intensity of residential densities and
non-residential intensities.
1. Residential uses and intensities:
The site location and size provide the city the opportunity to create new residential use areas which
can help address the city's current and future housing needs. The proposed Mix Use FLUM
designation permits residential uses include single family, duplexes, and multi -family up to ten
(10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the use of TDRs
or incentives.
"According BEBR, the official population estimate of permanent residents in the City of Sebastian
as of April 1, 2020 is 25,658 residents. Sebastian's future population growth is projected to be
34,567 residents by the year 2040 with an average growth rate of 8%. The City 's projected growth
will continue to provide development and redevelopment opportunities for the City. " (2040 FLUM,
Land Use Element)
The City's Housing Element indicates that the city has a need for a more diverse housing market
and more affordable housing:
Goal 3-1: Provision of Housing. Ensure the provision of a sufficient supply of decent, safe, and
sanitary housing options, including affordable housing, that is responsive to the diverse housing
needs of the City's existing and future population, while encouraging the preservation and
enhancement of the City 's existing housing stock and historic structures.
-Affordable housing is determined by comparing the cost of housing to household income. Florida
Statutes defines affordable housing as monthly rents or monthly mortgage payments including taxes,
insurance, and utilities do not exceed 30 percent of the median adjusted gross annual income for
households.
-Cost-burdened households pay more than 30 percent of income for rent or mortgage costs. The
data indicates that 1090 households within the City (38%) paid more than 30% of income for
housing.
According to Census data the highest percentage of renters in Sebastian are paying 35 percent or
more of their income for housing. This makes affordability an issue for renters in the City".
According to the Florida Housing Data Clearinghouse, 4,310 households in Sebastian (41.1%)
were headed by a person age 65 or older. In Sebastian, 3,924 of elderly households (91 %)) own their
homes, while 1,392 elderly households (32.2%) pay more than 30 percent of income for rent or
mortgage costs.
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The Mixed Use FLUM designation will permit a mix of Residential Uses, and the other Comp Plan
Policies (cited herein) require compact, sustainable, low impact design, which affords opportunities
to develop a variety of residential household types, and promotes the development of affordable
housing options.
The mix use FLUM, the "allowable residential uses include single family, duplexes, and multi-
family up to ten (10) dwelling units per acre, and up to twelve (12) dwelling units per acre with the
use of TDRs or incentives. Incentives shall be outlined in the LDC and may include but are not
limited to projects that incorporate regional stormwater pond(s), shared parking structures(s),
bike/pedestrian connectivity, and quality of public open space.
Policy 3-1. 1.1: Adequate Housing. The City 's Future Land Use Map shall include adequate amounts
of lands to accommodate the projected housing growth through a variety of housing types and
housing values). The City shall continue to provide land use designations and zoning districts on
the Future Land Use and the Official Zoning Maps, respectively, to ensure that single family, duplex,
and multi family housing units are allowed within the City to provide a diverse range of housing
options (owner ship/r ent) and meet a range of income options.
Policy 3-1. 1.3: Housing Options. The City shall, through its Land Development Code (LDC),
encourage the developmentIr edevelopment of housing that will integrate housing options, including
housing type and ownership status (own/rent), across all neighborhoods.
Policy 3-1.1. 7: Mixed Use. The City shall promote mixed use developments that include provisions
for a wide variety of housing types and prices in close proximity to support facilities.
Policy 3-1.2.1: Affordable Housing. The City shall review methods for addressing the affordable
and "missing middle" housing shortage in the City. The City shall continue to provide technical
assistance, information, and housing data to the private sector to advance the development of fair
and affordable housing.
Policy 9-1.4.2. Work to provide affordable housing opportunities in the City for the City's
workforce, as well as to provide choice in housing types and styles to appeal to diverse demographic
groups needed to drive economic development in Sebastian.
Policy 9-1.4.4. Continue the development of greenways as extensions of the City's park system to
increase open space and recreational opportunities throughout the City.
2. Non-residential uses and intensities (Commercial and light Industrial Uses)
Policy 1-1.3.6: Mixed Use (MU). The maximum intensity is 0.6 FAR, and up to 1.0 FAR with
incentives
In addition to other elements cited herein from the 2040 plan, the Economic Development Element
and Land Use element of the 2040 Comprehensive Plan provides the impetus to support this
annexation and further, to designate commercial and light industrial development areas for this site.
The Comp Plan's projections within it's Economic Analysis "suggest a need to add approximately
59 acres of commercial land and an additional 68 acres of industrial land. However ... the City may
benefit from significantly more employment that could make work trips shorter, as well as bring
fiscal benefits. Further, while much of the City's industrial capacity is at the Airport, that location
is not well -suited for all industries the City may wish to attract, and the lack of a quality industrial
park or similar facility has been cited as a barrier to increased competitiveness in attracting
targeted industries. Thus, the City may need to allocate additional industrial lands, including
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potentially in areas that are annexed in the future, as part of economic development efforts.
Similarly, additional commercial capacity may be necessary for the purpose of creating more
efficient land use patterns, with commercial uses nearby, and physically and functionally integrated
with, residential uses in order to create areas suited for pedestrian and transit activity and dynamic
activity. "
Policy 9-1.3.2. The City shall periodically review the inventory of available industrial land and the
regulations governing them to ensure that appropriate sites will remain available for the industries
targeted in Policy 9-1. 1.1.
The Inventory and Analysis evaluation concludes that annexing this property would provide
opportunities to improve the residents' quality of life. This site's size and location provides the best
opportunity the city may have to develop a sustainable industrial park and provide supporting
commercial opportunities, which has the potential for attraction of more sustainable industries.
Benefits cited in the Comp Plan include:
*Increase manufacturing employment opportunities - `In terms of manufacturing employment
—which is often prized in economic development because it typically offers relatively high wages
but many times without advanced education.. ".
*Decrease employment dependent automobile trips and trip length: "The data also suggest that
Sebastian residents are increasingly traveling further to work which goes against the trend in the
State of Florida. The data show that Sebastian has become more auto -dependent for work -related
trips. This is potentially relevant for a number of reasons. One is that if this is caused by a lack of
accessibility from Sebastian neighborhoods to jobs by means other than private automobile, it will
very difficult for those unable to drive to support themselves economically. It is also relevant as
Sebastian attempts to become a more `green " City and attract sustainable industries. A reversal of
this trend would signal progress in the effort to become more green, and would also be a selling
point when trying to attract sustainable industries about the City 's seriousness in striving to create
a more sustainable future.
Further support of annexation of this site and designation of commercial and light industrial areas,
the city's stated objectives and policies include:
Objective 9-1. 1. In cooperation with partner organizations, strategically target industry clusters for
startup, relocation and expansion in the City, offer appropriate incentives and effectively market
the City as a location for those industries
Objective 9-1.3. Take steps to ensure that appropriate sites are available in the City for desired
commercial/industrial development that supports the City's economic strategy, and to ensure that
information about available sites and buildings is readily available to prospective users.
Policy 9-1.3.1. Consider annexation of areas outside the City that could provide future areas for
commercial or industrial development.
Policy 9-1.3.3. The needfor future lands for economic development shall be a primary factor in
planning for growth in areas surrounding the City that could be annexed in the future. In
particular, the CR-510 corridor south of the City should be considered for future industrial
growth, including the possibility of an industrial parr
The Land Use Element policies also provide guidelines for the allocation of non-residential areas
along major arterials which will minimize the impact on residential quality. The site lies at a very
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advantageous location which supports urban development. The site is the benefactor of existing
and planned thoroughfare roads, existing water and sewer utilities, and existing SRID drainage
facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide a favorable grid network of streets, providing multiple means of access from all directions,
including improvements and I or extensions of Cr510, 82 °d Ave, 81 st St and 74 th Ave. The road
network will ensure that traffic generated by the site development will not overburden one or two
thoroughfares, that residents and employees of the site can conveniently access or depart the area
with little risk of delays or hindrances, and most importantly, both city and Indian River County
emergency services will have multiple alternative routes to serve the site.
In support of these statements, Comp Plan Policies include:
Policy 1-1.3.9: Pattern ofNon-Residential Land Use. In order to promote efficient flow of traffic
along major arterials cited in the Transportation & Mobility Element, achieve orderly development,
and minimize adverse impact on residential quality, non-residential development shall be
concentrated in strategically located (targeted) areas. These areas include those having location
characteristics which best accommodate specific land, site, public facilities and market location
requirements of their respective non-residential uses.
Policy 1-1.3.10: Allocating Non -Residential Land Use. The approval of non-residential uses shall
recognize that respective non-residential activities frequently have different site, spatial, and market
area characteristics and generate significantly different impacts.
Justification Statement - Conclusion
The applicant, Graves Brothers Company, has submitted a request to voluntarily annex 2044.3 18
acres of property (including right-of-way) into the City of Sebastian. The site is appropriately
located for consideration of annexation. The property lies within the city's designated annexation
reserve area, and is contiguous with the city's southern boundary, and it's east, west and north
boundaries are adjacent to various degrees of existing or proposed urban scale development. The
proposal also includes designating the applicant's 1913.593 acre property (net acreage, excluding
right-of-way) with the city's newly created "Mixed Use" FLUM designation; and the city's
policies and regulations provide a future path for development of the site with appropriate
residential densities and intensities through the implementation of the Planned Unit Development
(PUD)Overlay Designation and PUD development process. The annexation of this site has been
proven to be consistent with the city's newly adopted 2040 Comprehensive Plan, and the
applicant has provided evidence that the annexation will assist the city's goals, objectives and
policies that will improve the quality of life of its existing and future residents by providing
diverse housing opportunities, and new and advantageous social, economic and employment
opportunities. Consequently, the applicant requests that the City Planning and Zoning Board and
City Council approve the request to annex the site and designate the site "Mixed Use" on its
Future Land Use Map.
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Public Facilities Statement:
Generally, the site lies at a very advantageous location which supports urban development. The site
is the benefactor of existing and planned thoroughfare roads, existing water and sewer utilities, and
existing SRID drainage facilities, which can support the future urban development of the site.
The site is strategically located where several existing and proposed thoroughfare plan roads will
provide a favorable grid network of streets, providing multiple means of access from all directions.
The road network will ensure that traffic generated by the site development will not overburden
one or two thoroughfares, that residents and employees of the site can conveniently access or depart
the area with little risk of delays or hindrances, and most importantly, both city and Indian River
County emergency services will have multiple alternative routes to serve the site.
The site will have thoroughfare roads on its entire perimeter:
The FDOT is preparing for the extension of 82 nd Ave which bisects the property and will complete
the extension from SR60 to CR510; and the FDOT is preparing plans to widen CR510 to 4 lanes
from US 1 to Cr512, which pass along and is adjacent to the site's north boundary. The initial
extension of 74th Ave along the sites east boundary from CR510, % of a mile south, and the
extension of 81" street from 66 th Ave to 74 th Ave will be completed as a condition of approval by
the IRC approved Liberty Park PD TND. This project would ultimately complete the 74 `h Ave
extension along the southern 14 of its east boundary to 69 th St. Once the 80 St extension is
completed, 69 th St on the sites south boundary will connect 82 nd Ave to US 1 to the east.
See Exhibit B —Location Map and Thoroughfare Plan Road Network
The site will have several thoroughfare roads extending into and creating
thoroughfare intersections internal to the site:
78 ', 80' , 82' , and 84 d' Ave(s) in the north / south direction, and 73 rd 77 th and 81 " streets in the
east west direction.
Exhibit C —Site Thoroughfare Plan Network and SRID Canals
The site is located adjacent to the county Urban Services Area
The site is located adjacent to the county Urban Services Area on its north, east and west sides. The
official boundary in this vicinity is CR510 (north of and contiguous to the site along CR510), and
90 th Ave (west and contiguous to the site / City of Fellsmere / Vero Lake Estates), and 66 th Ave
(east of 66 th Ave), While the east boundary of the site (74 `h Ave) is not officially contiguous to the
mapped urban services area, the county has already effectively moved the boundary from 66 1h Ave
to 74 th Ave (and contiguous to the site) with the approval of the Liberty Park PD TND, a mixed use
development with over 900 units and 200,000 sf of commercial use. Consequently, the effective
county urban service line is at the sites North, West AND East boundaries. However, irrespective
of the COUNTY'S urban service line location, Article 6 "Operating, Maintenance and Expansion
of the Sebastian Utility System" of the "Interlocal Agreement Providing for the Transfer of the City
of Sebastian Water and Wastewater System" adopted Sept 20, 1995 between IRC and the City of
Sebastian provides that IRC has an affirmative duty to expand the system inside and outside of the
city, and to provide service by the county's water and wastewater systems concurrent with the
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demands of new growth or the expansion or extension of water or wastewater transmission,
distribution, or collection facilities by either the city or the county.
Currently, IRC has existing water distribution mains along the sites west boundary in Vero Lake
Estates, water and sewer transmission mains on CR5 10 on the sites north boundary and will have
utilities at the sites' east boundary concurrent with the development of Liberty Park PD TND.
Liberty Park PD TND will be connecting and extending utilities south and west from CR510 and
66th Ave, through 81st St, 701h and 74th Ave, ultimately bringing utility services to the site's east
property line.
See Exhibit D - Utility Infrastructure
The site lies entirely within the Sebastian River Improvement district (SRID), a chapter 189 and
289 Improvement district which is responsible for the implementation, operation and maintenance
of a water control plan and stormwater drainage by gravity within the district boundaries.
Consequently, adequate facilities are in place to ensure the site has adequate and legal drainage
capabilities.
The site is bisected in the north south direction by both Laterals C and L canals, and adjacent to
lateral D on its west boundary. Lateral L canal runs along and through the natural slough and
headwaters of the South Prong of the St. Sebastian River. Several sub -laterals bisect the site in the
east to west direction, draining a majority of the site east and west to Lateral C. These include sub -
laterals C2E&W through C5E&W plus C6&7W.
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Adequate traffic, utilities, drainage, and other facilities either exist or are planned in the vicinity of
the site. The Comprehensive Plan, Infrastructure Element establishes standards for Concurrency
management and specifically, standards for Transportation, Potable Water, Wastewater,
Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency
Management", defines the level of service standards for these facilities, and specifies that adequate
provisions for these services are necessary to support new development. Upon submittal of any
new development proposals, the city's Comp Plan and its LDC require a complete evaluation of
existing infrastructure capacity and need for new facilities concurrent with development.
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List of Exhibits
Exhibit A: "Map 1-14: Annexation Reserve Area" COS 2040 Comprehensive Plan".
Exhibit B - Location Map and Thoroughfare Plan Road Network
Exhibit C - Site Thoroughfare Plan Network and SRID Canals
Exhibit D - Utility Infrastructure
Exhibit E - Proposed City FLUM Amendment
Attachments
• Warranty Deed
• Title Policy/Certification
• Survey of Land
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an OF
SEBASTIAN
d
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: l cbruary 8, 2023
Aqenda Item Title: Ordinance 0-22-13 — Second Reading and Public Hearing- Request for
Comprehensive Plan Future Land Use Map and Text Amendment — Graves
Brothers Company
Recommendation: Hold public hearing and adopt Ordinance 0-22-13 on second reading
Backqround: On May 25, 2022, the City Council approved at first reading the proposed annexation
of 2044.3 gross acres, more or less, of property into the city in accordance with Florida Statute 171.044, Voluntary
Annexation, and as petitioned by the property owner, Graves Brothers Company. The property is located South of the
north boundary of County Road 510 ROW, West of lands adjacent to the 74th Ave ROW, North of 69th Street ROW,
and East of 90th Ave ROW. The site is bisected in the north/south direction through its approximate center by 82nd
Ave. The subject property is currently vacant agricultural land in unincorporated Indian River County (IRC),
contiguous to the existing corporate limits and boundaries of the City of Sebastian.
Consecutively, the property owner has requested for consideration an amendment to the comprehensive plan future
land use map (FLUM) and companion text change for the parcel of land containing 1913.6 acres from Indian River
County Agricultural (AG-1) to City of Sebastian Mixed Use (MU) land use designation in order to achieve
consistency with the city's adopted Comprehensive Plan 2040. The land use change will constitute the "net acreage"
which is approximately 130.7 acres less than the gross acreage due to the road and canal right-of-ways. The property
currently maintains an active agricultural use so the zoning will remain as Agriculture A-1 with the County until such
time as the property owner petitions the City for a zoning amendment and development plans are made for the
property or a portion of the property. The property owner does not have a proposed development plan for the subject
property at this time. Additional information regarding the future use of the property will be presented during the
zoning amendment and land development process. A Justification Statement and Public Facilities Statement was
submitted by the property owner.
On September 15, 2022, after careful review and a public hearing of the Planning and Zoning Commission, sitting
as the Local Planning Agency (LPA), a motion was made and seconded to find the proposed change to the Future
Land Use Map and recommended text amendments to be consistent with the Comprehensive Plan, and to forward
a recommendation for the adoption of the requested change to the City Council. As part of the land use map
amendment, the LPA recommended site specific policy text changes pertaining to the mixed use development
which have been incorporated into Ordinance 0-22-13. These conditions shall be made part of the
Comprehensive Plan 2040 Land Use Element Objective 1-1.7: Site Specific Policies.
A large scale land use amendment (over 50 acres) must be reviewed by the Department of Economic Opportunity
(DEO). A transmittal hearing was conducted at the City Council meeting on October 12, 2022 which transmitted
0-22-13, the proposed land use and text amendment, to DEO and stakeholders for review and comment.
Comments have been received verbally and electronically from DEO staff relative to the comprehensive plan
future land use map and text amendment. DEO has not identified any related adverse impacts to important state
resources and facilities within the Departments authorized scope of review. However, they provided three
technical assistance comments consistent with Section 163.3168(3), F.S. Following receipt of the response: letter
dated November 18, 2022 (Attachment A), DEO verbally requested clarification to item I. in order to correctly
depict the maximum density and intensity of the proposed land use category. Stakeholder technical assistance
comments have also been received that will not form a basis of a challenge however, have been taken into
259 of 360
consideration. Relevant alterations to the FLUM text amendment conditions have been incorporated into the final
draft of Ordinance 0-22-13 (Attached). The amendment was continued to February 8, 2023 from the December
I4, 2023 City Council meeting.
If Aqenda item Requires Expenditure of Funds:
Budgeted Amount: 0
Total Cost: 0
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-22-13
2. Attachment A, DEO comment letter, November 18, 2022, and stakeholder responses
Administrative Services Departme Revie L 1
City Attorney Review:_
Procurement Division view, i applica
City Manager Auth rization:
Date: /�Z
260 of 360
ORDINANCE NO.O-22-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND
USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU
(MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND
USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY
CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF
COUNTY ROAD 510, WEST OF LAND ADJACENT TO 74T" AVENUE,
NORTH OF 69' STREET, AND EAST OF 90T'i AVENUE; AMENDING
THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES;
AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY AND
INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION
SCHEDULE.
WHEREAS, after careful review and a public hearing of the Planning and Zoning Commission,
sitting as the Local Planning Agency, a motion was made and seconded to find the proposed change to the
Future Land Use Map and recommended site specific policy conditions to be consistent with the
Comprehensive Plan, and to forward a favorable recommendation for the adoption of the requested
change to the City Council; and
WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan
and Florida Statutes together with the findings and recommendations of its staff and the Planning and
Zoning Commission; and
WHEREAS, as provided by Section 163.3177 (2), Florida Statutes, the City Council finds that
the proposed Comprehensive Plan amendment is internally consistent and coordinated with the
Comprehensive Plan; and
WHEREAS, the City Council has provided notice of the proposed Future Land Use Map
Amendment and has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Future Land Use Map and site specific policy conditions, are consistent with the existing
future development goals of the City of Sebastian; encourages the most appropriate use of land, water and
other resources; promotes and protects the public health, safety, and general welfare; provides adequate
and efficient infrastructure and resources; and protects the public interest within the City of Sebastian;
and
WHEREAS, the City Manager transmitted a certified copy hereof to the authorities designated
under Fla. Stat. 163.3184 (3) upon passage at first reading, and proceed herewith in accordance with the
provisions of Fla. Stat. Chapter 163.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. RECITALS INCORPORATED. Each and all of the aforementioned recitals
("WHEREAS" clauses) are hereby incorporated in this Ordinance. Exhibits la, lb, and 2, referenced
below are hereby incorporated into this Ordinance by reference.
SECTION 2. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future
Land Use Map (FLUM) and site specific policy conditions adopted by this Ordinance shall affect the
following described real property, now lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
See attached Exhibit ]a and lb Property Survey (herein: the "Real Property")
SECTION 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be
amended to include the affected Real Property, and the Real Property shall be designated as Mixed Use
(MU) in accordance with the requirements of Florida law.
See attached Exhibit 2 Future Land Use Map
The City recognizes specific large scale annexation parcels with Mixed Use land use such as the specified
property identified in Exhibit la and lb require site specific conditions that will apply at the time of site
planning and development. As part of the land use map amendment, site specific policy conditions
pertaining to the mixed use development have been incorporated into Ordinance 0-22-13 as follows:
Obiective 1-1.7: Site Specific Policies. The following policies are adopted specific to individual areas
within the City of Sebastian.
Policy 1-1.7.1: 1913.6 +/- Property located South of County Road 510, West of Land Adiacent
to 74 h Avenue. North of 69`h Street. and East of 90'" Avenue, more specifically described in City
Ordinance No. 0-22-13 shall be developed subiect to the following policies.
a. Rezoning of the propertv shall be done through a Planned Unit Development process as
described in Article XX of the Citv's Land Development Code, as amended, or superseded, from time to
time.
b. Housing tvpes shall be mixed to meet various income levels and lifestyle choices; a mix
of Single Family Dwelling Units and Multi -Family Dwelling. Units (the "Dwelling Units") consisting of
a variety of housing choices in order to achieve the mix of housing required for. affordability and
accessibility within a mixed use development. The housinc, mix taigets 40% Medium Density up to 10
units/acre: 40% Low Density up to 5 units/acre; and 20% Very Low Density up to 3 units/acre, including
at least 5 percent 5%) and up to lOpercent (10%) of the Dwelling Units on the Real Property as be
Affordable Housing.
c. Provision for Ffuture dedication of Right of Way, at the time of Development, to the
extent required for the Development and t>upon mutual consent of the me—e Owner, shall be
transferred to the appropriate entity that -to promotes an interconnected, extended and improved grid road
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system, along with a well -planned transportation system of roads and streets throughout the Real Property
, in coordination with Indian Rive he County, to specifically include 84"' Avenue, 8151 Street. 77" Street,
and 73`d Street, as well as 74"' Avenue.
d. Provision shall be made on the Real Property -for a mixed -use "Town Center" area
including an active street frontage or context sensitive street design, compatibilityof central theme or
design character, and a comprehensive transl2Ortation network that promotes walkabiiity tluu compact
Development and Proxi;pity of structures, reduces auto dependence, and connects to state and local
transportation corridors.
(l:e. To the extent required for and at the time of the Development. Ffuture dedication and
donation of Ilnstitutional parcelsla d may be required as necessary for governmental services such as
post offices, public safety, schools, etc. and Public Facilities that may be needed for increases in
necessary services, as identified by concurrence analysis in accordance with the City_ of Sebastian Lland
!Development Codes and Oerdinances at the time of development.
c.l'. Strategic assembly of commerce and industrial development consistent with the City's
Comprehensive Plan Mixed Use Land Use.
To the extent required for and at the time of the Development, future dedication or
conveyance of Conservation lands to appropriate entity athe44He$f deve;oumeLA to include any natural
areas of significant importance, and the Drovision of ereenwav trails to promote a system of connectivity
and access consistent with the City's Comprehensive Plan and Lland Ddevelopment Ceodes.
h. To the extent required for and at the time of the Development, Ddedication of City Park
and recreational lands above what will be required in the individual residential subdivision developments.
Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and Lland
Dlevelooment Cc -odes specifically: a minimum of 2 acres per 1000 residents of Publicly accessible
recreation lands, and a minimum of 2 acres/ Per 1000 residents of other recreational lands. Publicly
accessible lands shall be designated at the time of PUD zoning and may be convened to the City. The
dedicated lands, shall count towards the required aggregate open space required for the Real Property.
i. Increased buffers adjacent to low -density areas outside of the PUD area shall be in
accordance with existing City Land Development Codes.
g7j. As a condition of future Ddevelopment of the Real Property$, the Owner shall provide
sufficient land area shall beallocatedfor Public Facility !Infrastructure required to support the
Ddevelopment and mandate hook-up to central potable water and wastewater systems for all new
Ddevelonments on the Real Property prior to receiving final Ddevelopment Oerders. Therefore, the
proposed development of any portion of the Real Property. the r-Faves BFether-s Sebastia Se*t4. must
provide sewer/wastewater, reclaim water systems and Stormwater Management Systems -and water
service as a condition of dDevelonment. These services may be provided by the County however no
septic systems would be allowed in accordance with City policy and land development codes.
h:i<. The vroPertv shall be Mmaster Polanned on a minimum of no less than increments or
units of 540-400 acre Parcels wits as Dart of an overall Planned Development project using the PUD
zoning district and Process, and shall promote Green infrastructure through a comprehensive plan of
connected Stormwater, greenway_s, and Open Space that provides for wildlife habitat, Stormwater
Management System and recreational opportunities including Low Impact Design and Best Management
Practices.
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..l. The Real Peroperty shall consist of a mix of uses consistinn of &qHiHinum of 30 2040
percent non-residential_ gross acreage to 4e-70 60-80 percent residential gross acreage, with fact that Open
Space requirements must be satisfied..
in. The Real Prooertv_Development ofeee+ shall have a r-o(wir-0 minimum asereeate total
of 50% eeen gee, �cl�o` if • to s eet the gi3e e
cAnrar<'ation aFea=�enways and trails: --q1 publie parks _ffeawr than one acre. wassir�er
ra:raa:icr l ervie si3ei4ians—efaefiaultuml lar.4lall zvnmwn oven --soav: —uplan d
of habitm- -for whish is lefi on .aeyeleyed nd r; M-dons of the Deal
to the County ar Cky for a •r astewak-c traatme,-it Want, fire stationor- lice staffer
Golf .oufses shall not be , side..ea ie be Oeen Sp@ge Open Space for Residential Land Uses and 30%
Open Space for non-residential land uses in accordance with Sec. 54-2-5.10(c) City Land Development
Code includina but not limited to each of the following uses which shall qualify to meet the Open Space
requirement: conservation and preservation land; greenways and trails, all parks whether passive or
recreational; all common Open Space; Stormwater uses (inclusive of takes and canals), wetland
preservation, preservation of habitat for Protected Species which is left undeveloped, and any pervious
onions of the Real Property conve ed to the County or City for a Wastewater treatment plant, schools
fire station or police station.
SECTION 4. TRANSMITTAL. The City Manager is directed to transmit a certified copy
hereof to the state land planning agency, the Department of Economic Opportunity, as provided by Fla.
Stat. 163.3184 (3) (c) 2. within ten (10) working days of adoption.
SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6. SEVERABILITY AND INTERPRETATION.
(a) In the event a court of competent jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall
be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted the remainder of this Ordinance
without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force
and effect.
(b) That in interpreting this Ordinance, underlined words indicate additions to existing text,
and str-iekea thfaoo words include deletions from existing text. Asterisks (* * * *) indicate a deletion
from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the
Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance.
264 of 360
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of
the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final
action finding the amendment herein in compliance, including the adoption and recordation of the
Annexation Agreement.
SECTION 9. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading
at a regular meeting of the City Council on the 12th day of October, 2022, and adopted on second/final
reading at a regular meeting of the City Council on the , 2022.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 12`h day of October, 2022, by
Councilmember . The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor Fred Jones
Council Member Ed Dodd
Council Member Christopher Nunn
Council Member Bob McPartlan
ATTEST:
Jeanette William, MMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member . The motion was
seconded by Council Member and, upon being put to a vote, the vote was as
follows:
265 of 360
Mayor Fred Jones
Vice Mayor Christopher Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2023.
ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
LN
Fred Jones, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian only:
Manny Anon, Jr., City Attorney
This ordinance is effective the day of , 2023, concurrent with the issuance of the
Notice of Intent finding the amendment in compliance by the Florida Department of Economic
Opportunities.
266 of 360
1'
•..3N�rm
rM
EXHIBIT la
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST AND PART OF SECTION 36. TOWNSHIP 31 SOUTH, RANGE 38 EAST
INDIAN RIVER COUNTY, FLORIDA
DESCRIPTION OF PROPOSED LAND ANNEXATION:
N E HD LYND RMON 1, TOWNEOID ROI I IN&M N EAEF AND DART
OF MECTq. N. TOWNFAP ]t ROM NAME AFARV, INDIAN RR CpIN1Y.
FIONDA SEIND MOBS MNTMAARLY OEAE M IE D N SENORS;
ESNNNO AT ME —MM ELTTAN CDINHER Oi EC11W R. m. m MO N.
RIM AD AENTN"TON MIDDEDED MIN THE FLOODA
OEFABTIENT OF
ENWmN11LEMA INCTECTIOU DEMO —. —FR
DOCINEI I.F.E. N]N1, F1N NORM N'1" EAST AOFO ME MET LNE W WD
.NMDN %TOMMHrJI spxm,RNOI NlARAOMAMR OILOmiaaTTOTN!
RrtERECMEN EAR. THE NORTH WENT OF WAY LIM OF NIWn RMO FO IN M
STREET I WABASED MARI ALGO . TO THE FLOREA EPMTAENT OF
TRUMIM}ATW SNIT OF WAY YM TdIMYROAD Et01WNAaEO ROI MONC.R.
St} M TN BY 1 FELLNME INNADI TO SR. P, SECIgN E...... d1ED."NI ND
MR,
NWAYNAI'E.10.SECTIONSSDFRtIdYEDINAPECRWEDN CFFE' L
REDOpOS EOOA 1N. PAGE NO ANSI RA OF THE IOELa: IECNiDB O, COUNTY.INMN RIVET
FL.ONER: THENCE WN RTH ABTttT NOEAST ALONE THE AFOEWO
NdM ROH10F MLY NNE OF O0 N Y RDAD 5ID M M DT. I WNANO —), A
DUTANCE Oi 1FO H FEET TO ME NIERNCION WIIN THR EAST WRd T O WEST
ONHNLi (SDI BF 111E SOUTHEAST ONE—RIER 11.1 OF THE SOLITZ T
OENNMRTEB 11NIOi ANREMOSECTON M THENE IFAVSM SNp NORTH ROM
Oi WAY NE RW tCMM OMFJI' WER AIDN] THE FOUMEDY PWAWigN OF
SAID EAROMWTNWESTNNER 1.1 A MEEOFTXEAROE14 ME RIMS
OP ME F INAY LIE OMA REAND IOLI A Y R MW OF Nm MIT AO TNR SEAR.
LEM
INOM OF WAY LINE OF AF WE 2 GOUT ROAD It01R M MET I UK A
.—.-.—,TOM--
WN ,Tx MESIA'ENTALOND AAD SNRN BOMOFWAYNMA
OS—StRFNLHNS.A. D EAS. CTgND 1 TE WEBS RIGMOEWR NNE
ANTE FORT
OF BAFASq IMPROVEMENTpMAL MLNTERULL'CAH%-6 HET
MM RIMT OF WAYS RRC DAH IN .OE ,, O EOM NE PADS ]M OF
THE PUBLIC R ALOING OF IHNW NMT WUNIO E ADA 1NFAICE 1 N 0 —1
MTMOI WEST ALO.O TNT WEFT ROR OA WAY ONE A dNAHCE T MIN FEET
TO THE NNREEENT WRH THE .— RAM p WAY LINE OF RT BDE ...
RNEN WBOVFMEM DIN ER — SILRFA C111.1CANAL. IW IFFY MM RIMT
OF WNY N SCORED IN CEM ROW D FARE tTT 6 TE NECNOI Oi
NTIN RNEII CWNFY. FLaDDA THENCE RUN SNRH OI'tODI —1 ADM MITI
OF ROM OF WAY AEL OF
ARD FEARNHINE IMIEBSECTONMMTILEEOUM
WAY lEE OF END EBASNH NVFA IMMOYEMFM NSWCH
lYBNATEML'Ctl4 CNML: IENCE RW aOFfx WlOOI WEST MOW aAI0 WEST
RFARE CANAL 1—FEETMDE RnM o WA . MENCE—ENRII NxN' EAST
1N],STFEE]1u1MNENMI DFWAYLIEOFSARI LATEINA1'NPNBdNN,
tE N FEE] NLE plNrt DF -11]HENCERM ED=AOION' NEN ANTI TE
MEN RIGHT OF NAY LNE OF AND RATNNLT UYIN4 WAIL ANNAICE OF M 5F
IFRTOTE SCIRNNONTCi—URGE MO LAIFAALL' BT DARAL: TENOR
WN 3 MET EATODY EAST I MO SAID YODM NEn OF WAY MITE A OSTNOE DF
SM.]J FEET 70 THE WEST p10M OF WAY LNE d END LATERAL. t' DYPNSB CANAL:
SbAS FEET TO TIE NRH TMSH WTM THE NENNILY EMNSION
OF THE SOLM FONT OF WAY LIM OF TIE SEWTIAN RIVERMTHEYEMINT
OSTFCO UIERUI W.IAE' NALHISESMET ME INIENTOF WAYNRECNIOE IN
CWNN, FLORIDA: ME . FEET SWM EF—IF FAST Al— SAD WEREINY
Nn SOIIM f110M OF WAY M IATMAL W NS A DNTANCE OF
TbN FEET TO TE MA1NOIN RANGE LSE OF RUNE BEMN AND RNME IN EAST
ALSO EEIO INE EAST LNE OF AFOREMn EEOTIONMIDNN NT1 JH FO 1, RUNE
m FAST,TENCE RUN NIRHM . NEST ALOHE EA REARLIMOFEEDTIONN
MDRAXE lN1EANSTAHCE OF 1]NN FEET 10 ME aEITHEARCOW ER OF..
FOND. M A180 EMO 1E SOURMEST COWER OF EECIIEI N, TOMENP N
WEN, RANGE BE MNNANOSD BY A WEIP APCWCRETE YOIIUYEMMM NO
NEn1FICATON IECONEU WRH THE FLOREA DEPARTENT OF EMRCHM—AL
PROTECT_ DEAFER DONE. EDEID WONT NNEEIN _,; __ 4W
MUM —1I ENN SHIN LIM OF MD ECNM 11 A ESTANNE OF
THE NWTHVEN_RI OFIRM.N N TOYNSIEDFOVM PANE
W ENS, A. ROM ME MNM_ —A OF £RIM L TNVNNIP D SOUTH,
RANNID.N ENT NAMED RY AF I I,`CNIOETo YMNMEM WRx ALUMINA
DWk lMFPEO TARE NSOMTEBIBCPRMLNT ECNIpMMM1HEFLMIOA
LBATIMFM OF
RI MR, IBOTERIN CEttPEO GOPHER TIED AS
DONNA. MASHER 0]DA, SAD IMME ED OEITITON—M.
11LI. COLPRSED N
00110.E CdnEINI urt TO WErt Ox1E cWIDNTOWNNIPLIHE W -EN
AND
AID I EOR. WMI ME— RUNE LNE OF R HME 1HAM N EAIT: MENCE
A. EOMN OTIFEF MR ALONG W0 COMIM AN OR NIN AND, DNST LIM OF
AFOMEND SECTOR; TuW M1 N MI RANGE m UR, AM NMMTHE WEST
LINE OF iHE NCNB RIVET iMM WATER CONTIKK NaMIDT'NE / IEYEP 1MN
FI£I WDE _NT DF WA'N ECOEEDN OEM NBA[ AN PADS LOP THE PUEIM
RECORDS OF R. LONE CONNTY, BOREAL A DETAHE OF' IM14 MET TO THE
MEINEOMON BATH TE —1. FONT C1 NAY LANE OP THE ESFRINN —1
ARTY TENT CIST-11.11—ENAL —R DANA,14R0 FEET ME -OF
WAY NREFAREpIN CEM SOOIID, MOE IR OF lM NOLq AFGOIIW OF IXOWF
PIVM OAUNTY, FLMON ME.NCE NM EOUM N`IFFS' WNTA DWUACF OF IMM
TD THE IN1aBN4TDN WRN LHE ROVTN RIDS' DI WAY LEE 6 SAD NMttNH
.M. BM ANNSENT ISSNE CN ENS, -I —'GALE TAW. 1N MR MOE BRAT
R WAS,THENCEf ANM6ALDWEAND WE NLNEOFTEMNNREINFMNS
WATER CONTROL ONTNCT NSIE I LE Imm FEET WDE RMW OF WAY WN
SWTH WIM WESTA INNAME WI- FEET TO TALE FAST DNI,QAA ER
GONER OI SAID MOINM 1. FROM SAID EAR EEOIAttMi COMER ND
MMERE 0MOM 00 NEST LINE OF THE IADIN INNER FARM WATER COYTHIL
DRIMICT'DIM I LEVEE 1MM FEET WDE RISK OF WAY, EAST LESS OF SECTION I
ND RWBE USE RW Not— OCtl1Vr MET A NRNCE OF NbN FEET TO THE
MERNCTIW MEN THE NORM RIM OF WAY LIM OF KOFEAAO LATEIAL'L'
210. MINA, SO FEAT WIGS INOM Ci WAY I EE "9QHH N VFMSA EMRW SOON
TOWPNE 4' ONC1NHNESTIGN TINT EDIM WDt'LF EASTI . FEET xnTlA
iNIND L' N PCNICINDE LN11111EM WIINOIE RNFEp YLL! f IR NAINnM THE
.11, M0 FLMSM EIA
DONER ECORD 00L
ALONO EAD NORTH ROM I
DISTANCE OF ]MUMETI
OF AFIMSAID LATERAL V
FEET TO ME NOON RIM OF WAY LIM OF THAT CERTAIN ROAD MMT E WAY
DEED MDER . N 0— RELN' MB MOLT 1R, PARE LN 6 THE PIIEII
INECORW OF NRNN INNER COOKY, iLOBDA: THRICE RW ALMS MD AORM
BIER OF -111. THE IElOMMO W I—. EOM. NTIAr LN'ER A OSTANCR
OF 21EFD FEET; TMEXCE WN MMM mTFM' MR A INSTANCE OF IDS FEET:
MENLE RW EOMN N'SFN' WEN A NSTAHLE OFDOIOFET, TNFIME RW NUM
WTFM' WEST A DERANICAt OF SM FEET. THREDE FA SON. EI MET A
DOTNCE M I W W FEET. THEME BEN SDL TH OT]M' MET A NNNHCE OF 0m
FEEL: THENCE RW NORM EIBFd MR A ONTNICE OF SmN FEET TO THE
INTEREIRMONTN THE ENT RIM OF NAT LIE OF fAUHIlY .d0 AO IN NO
AYFNIIE! MMDN MADO, TER rtA1E OF FTOROA RIR OF TNT MM, FAAML 1M,
SCUD. BER IFI, IIEITSEOEM In. __E. --IN IN DPRWL EGGING
S001I MEL PNE TNR IIYAII MNB DON-1 FLMW; MEALS BEEN AOND Wp
MN FOR OF WAI LEAN OF DGEOY INOADHOA 1HE iaLOMMO eNNEe NORM
N NOT' ENT A pETANE 0 tlAN SET: THENCE NON NORTH m'SP I EAR A
DIAMIHCE R SRN FEET: THENCE ENT FORM MM' ENT A OWTAHCE OF 0..15
EN TO THENOERlFL1nNBTTH TIE SORB FAIN OF —WE OF THE BEM —AN
RMR IFPILOYEMEM OET 1F ATERA—CHEW,t FEET WOE RIM
EANNL INNER CO 1 FLORM TEMEINW NOMN N'NT' ELT A N
EEMEMN NME REEWEMENT BERRETE 11NAAlFML _- CAIMI THEME
WHfEMBS AOPI EAU FNl RIM DF WAY UE RUN NORM b'NTF EAR A
ONTANCE OF 1210.11 FEET TO TM MEMMOTON MM THE EA.N
MEOWIIIER EECTIEI 1. OF AF_. _. S; THENCE RUN —
N'A1T NESTALOn ME MRttE11YON.TAF MRSERLSIE N NETAME OF
IONFEET TO TE WEN LEE OF ELE EEREN1,TOY MIN ECMN,-1ST
MST: THENCE NON RORN OIttVY EAR ADIN] SAID NEST LIM A DSIAHE OF
NTE]F FEET TO MECDANIW ECDW CMNE W EECTOM3i.]E, TOMWNIP11
SPIT., MWE N Hrt NO SECTION I AHH; TTN NENN >. MI RUNE N
EAST. YMNI RNEN DDA ETY f10NM THENCE WN MYTH EDTLYN' EAR A—
BECTIN M: MEND£ CMTIME NMTH N'NN' Mrt IMIND MO MR 1. OF
RMYN N DONMR OF MOTION m, N, N AND JA TNNINIIP 11 EDITTM. MIME N
MN.MON F—WIMTY.FINmAANDME PONTO'BEONNNO
ME HOVE "MOP E. MDPOEO MRDEL DONTAMNO IINRI NEER AME d
INS IINCLUDFSCMA ANDROADRMNSOF WAM 10—AdM.IDEM UE,.
'bOI MM RNM RNO W WAN MP]RNH NWNNONNLNA FNS1EffiAERRRNFW ANMNMHN
SURVEYOR'S NOTES:
1. LM E R EARS THE NONAMBE AND THE OENNA RNEO REAL E A
OINM LICENSED SLIRNEYM AND MITER, THIS CRUMBS, FETICH, FLAT ON
MM S FOR NFORRUTIONAL PURPOSES ONLYAND IB NOTVAUD.
1 NO FELD MEN VINS ERMRWD W MLINFAM THE NOTE MMHM1
]. NEAR MISNOMI MREONAERNEOUMNTHENNTNAMMININ DANMOF
1NA,NMNIEM OF M1I, MO ME PAOAFCTM M ME FLMIMITAM NNE
COCINRUTE RHEA FLORIDA EAST GONE MI) AND RRB REFERENCED TO
THE EETAELMMp AND MEIUMEMED LINE SHOWN HE"— LANLEO AS 1 1
REARIMp SAN0. N MDIdTED M ME ROMANY .MINTS] PNMNO BY
ALI 11 ADRLDNATER NC„ PIND.P.CTNO 1B.1SN.ONNNMIM.1Hm1C, dTED
A. MEN
A pFFEREME IS BNEYN, OBEEBNeD AND EmW OIIEHBOM ME
ME OWE. ALL gMdBOM FNOYN MEIENF ME OSPLAYEOIN U 0. AURYEY
ETAMEbMIMINTSTNERWF.
F THE UFSTE OF THE DARN E. MNEAO WN SAS® EMIRELY ON ENE-1
NETROC NES R TIE IMPURITY OANEIN. THE EMTEN AND DEMANTIDN S
NOT INiMOED TO WLY OR ONMMM DWNENNP MD WN NOT INFEND
TO DELINEATE LKAL AREAS OF CONGER OR ANY OMER JIRIBNDFOML
EIEIENIAONA
. THE SHROT AND OESON"ON OF INS HAMEL ANNEWON M MEN
MEPAED FM THE EACLONYE ENFRT AND WE OF THE FEMONS NDOII
ENTITIES HALED NROH FOR THE PIAHOES RENTIF ED MARCH ONLY
UAEM OTHERWISE RM., MATE. TIC. OF THIS EINNEY NM —LE.
MYI-ME STNIGNDO OFPM -SET FORM BY THE FLNnd BdW OF
P H"OESNA. "N"MYORS AND, NAH NE M INNER RI1 FLOSd
ADHNSFRATRE WOE PIIF RMST TO SEMW tt -. FUNGAL .—M
THE DERTNDATM IN NO NAY WMFRUNS NETHER OUAMNN NOR
SMMNTY TO MY OTHER M. HOT ENORH NEREM. ADOMWS,
EIRIGM DR NEVIWOW TO TINS ORRWNO RT RHEN ARE MST MIN RIMD
M THE SIANM ANY NOT BE TRANSFERRED NT auT THENPENED
N .I.ERNEEW DF THE WNMO SUHYEYM TNN MTRYE M NOT VALID
OR ANY OT1E R FIINFORE OTHER THAN MENDED R ME N W INS SURVEYOR
ME NE1CH MD MSONIITIM N DNIFFED OF S
PAID WIINNRTHE O1NOf
REFERENCES:
PUN TI11E0 TMINENT PURVEY ECTIGN H.IOMLWN f1S0UM. RANGE L ENT
N MINT OF ECTO. i. TOWMXII ]t SOUR ANOE N FAN. NNNI RRER
CCIA FIDREA' IRNECt NINES 1S2MS, NNMHO 1% MINI6t ENa1C d
AINY t; DIE MM LATER AENSNN dIFD JIIHE D. ]OO PREPARED R diR.ER
SEOCNES,M
GRAVES BROTHERS COMPANY OAI� CAR'I'EltASSQCIATI'S,in. oavWELuethJe , I uDNNt• IMDEB=NTNf,SOS
A FLORIDA CORPORATION CONSULTING ENGINEERS AND LAND SUR9EYOR$ PSM M57]S State pf n, 1,:,.' ARNO YY:iN�.O6L
277BEAC ,PLO I A329BLVD. 170821Et STREET. VERO BEACH, FL 32960 Florida mN _ N' AOTET :OENLINOM
VERO BEACH. FLORIDA32ilE0 TEL:(M)MZ41Rt FAN: I7]2)MZTIM 1m ">.•r NE_EAM lERU1E:ILNISOy
F.A. _ — �'— iwwTF rIrNM;Iir a'w Irr Fs.Ic At"iP R1uAm
THS SKETCH AND DESCRIPTION IS NOTA BOUNDARY SURVEY.
SKETCH & DESCRIPTION SHEET
SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST of 2
S PART OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE TS EAST
INDIAN RIVER COUNTY, FLORIDA
PROPOSED PROPERTY ANNEXATION 1-_'. __
EXHIBIT lb
DESCRIPTION OF GRAVES BROTHERS COMPANY PROPOSED LAND
ANNEXATION
PART OF SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST AND PART OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA
DESCRIPTION OF PROPOSED LAND ANNEKATION:
NL TINT .LYOAWRNSxm RLECTMM1E, ON MT.PDFDOWES NENTMD
MM OF NOTN L FO LYRE N p A. NAME N MT. SMNN RR101 COMFY, 0.0MDA,
NNO YDAF PAg11LL1ARLYceN.111fL-0Af FOL{AYf.
CONIENOM AT TIE COMMDI FECIIDN C DAUNT. eECTON NI E Y AND fF, IOWHSXIF N
SWIM, RANp! S ENTT. TITH R INE COWIT'. NDN.L YMMD O A FOYMD L' I A
WNWEIT WITH L INHTIPGTION. ED IECNND OWN T
cePMT4ENTof ENNR_—PROTeSNE CDIIIFFD CO SAO.14S ,aTO NUMNR
INN. RIM lDUIX M'WRS• ENi MONO THE bOHTN ILIE OF WD NOTDH 1R TOWNfNIP D
SOTTN.RMN NfPNTAD1DWN PfST;THOMCNNAWNOWDNNiH NmI
UE PUN SSWIN 00'OISA' WER A NT-LT ONTAHLE OFWA ]1 FEET TOTNE N{UM MOM OF WAY LINEM
COIM}Y FDADIID IAmll m.+//AW SSO RDA01 AROIDMO N 111E FLOODA cePARfYFM
N U.
FELATDN PINT OP O 20 F'MODIS ROAD NO D]ALANO RDI FFW 0 N W
MOST. - FELLE FK ROAM{ 1D LR F. MODISH NNIFENI IMTED SENT ANp FDRfT Oi
NONNNO OF THE FNIOWMO ceLG]N EO PARceL;
FROF WD POM IN EONMHD FW t0U1H M'WNF LSAT ALMO WD SOLIM PRENT UP WAY
LONS, SAND MIFM RINN OF LAY LINE LYING WON FEET SOVMERLr OF, PINALLEL NTH AND
HDRLIAL TO THE WAHINE NIRVEY M OMDAIM NI AFORESAID FLOE. DEPARTMENT OF
TMROPOSTATIN °MXTOF WAY IMP •CWRTT RWD ND IWMI—RO.IF—G.R. SIf INN
m. - FELLNERE IDNI TOP 0 Y. AOSTANM OF MQ N FEST; TXEXCG INIII NORM DOOYN'
EASTNAXOIAD NOM OT YAY UNEA OIfiANCE Oi T.N FEET: THENCE RUN WUM N'fTTll'
WSTk01D WN LDITM RMM OF WAY LNE, SAL NE111N PMM Oi Wm LINE LmMOMEDfFET
f WTIR LINE
OD. PNNLLSL WOX AND N°MYL i011 "MEMO RANLNF 11 NN° TK
W ECDON ]L IONNNR 11 qMN, RAXOE N ENT, N NMYX OF KOE W 0
iLORMI,OEPARIMEM°F1pNSFDRTMIOHMM1OFWAYMP L=FON{SASSIWALMSD
RD.1 iFW C R. "'I"'
Iff-FELNNRR PMM) TOAR.PA dfiTANaIOP NWON NETTo TN
MESSEC1101MORTIS EAR LNEOFAF_ WO MN Mo RNTOMMN"DWr.'PNDE SL
WST, NOM RNED Cd11M, "IW WD INTERSECFMI SAND IS N FEET NOON N THE
EON. DORNER OF —NM E,1L NAIDIR TLNMSDP]1 SODM,M°N FIENT,
MNAN pNFR WNlTY, FLORM, WINED FY A FOUND 1N WR WOH M IOEMFNUTIOI
AECOFND NM ME FNMW cePAPMNT OF ENWRNNE . PROTEOTDM CEPTFE.
SEND DO HET NWEND NORM, THENCE PUN FOIIIH N•MTO WEST NEID WM EMT LINE
OF SECTW R A W TA OF 211-1 FEET TO THE EMT NIECWFTER NNI CORNER OF
WD NL:TMH M. THENCE CONTINUE MONO WR ID EALOW NO N N•OFIS' WEST A
NN OF Ma11 FEET TDTNE SOUDIWT CORNER OF WDNI— N, MMMI I —
CORNER.SONSIo OHMECONDIITOYOSHIFLN ,LRMNW]IKDRSDUM,TWINE
IN ENT, MINI RIVER FA —. FLORIDA AND END THE CONMOH SEOTDR CORNER N
_NSNNI ANDD. TTR 1.DOUTN MODE x WmAND NCTIMS]SPUN ON. TOWHWnF
NSSD MRFNDEMEFITMOIM PNERCWITY, FLOeDA INDTDN LORMERFNESNLEIWLR
NDSOM DWONTHE FLOR-DEAIRTIENTOFENMROHLEfIfW.NDTECfDN,CEmFIM
R AEONO DCNET HUNTER IDSW TOEH E RUN SWAM OFNTF WELT kWN THE
WR.HE OF SAID NLTNM D A MSMCE OF NN.7f FEET TO THE EAST ONE WASTES Ilx
OMHER OF KORESAID AED1gN IN,
THENCE PUN NOPIH N•1PAP WEST A— THE
_m Noo ONE-0UMTEN INN{ SECTION LINE A DNRANI£ OF '-W FEET TO THE
MTJNE1T011WRHTNMEST PION N MAY LNEM NTNALPWE IWYN MNRA NN FCET
WIDE STRPOTa CONVEYEDMLINDVM PIVMC.NUNIY INS,, fNMWFARE N.OFTN
ALONG 'AND WEST
OF NT OF R LINE
COF SA WELLIK MEN£ RUN NUM FEET WEST
NANO RAIN WFlT MOIT 6 WAY 4N! K AM AYEME A DNTANCE O 1MR FEET N 1N
4Sm GANAL A t W FEET WIDE RqM DF WAY PM DEED BOOR N, PAce 1R Oi TIE PUBLIC
RFCORtl IF IMDANRIYERCOVNIY.kOPM; THENCE PUN NDRMNroT f•NESTNOM NND
NO N1N MINT OF WAY LINE A ON SANCE OF ltlM FEET TO ME WENNE TD WHIM THE
NORTM,00UM ON-0UMTER (IM) NCTIN LINE OF AFOREWD SECTION Y, TNEINE
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REFERENCES:
P1.1N TllEO'eDN1V NRWEYFAR MWMINTPAmWSECTIONN,TWP.NS_
RO:. N E., MO N-M12 AND 11. — N S. ROE N E, I—. R.. PFO
NUMEER DAWNS, °MW WO MDNM 2ENTL DATED NOE 1, iO21.'—ED LY
CARTBINN -It IIO
f 4:\
GRAVES BROTHERS COMPANY l$m---m- CARTEItASSOCIATFS INC. DavidE.Luethje, a► i,N„00 ]''°]'
A FLORIDA CORPORATION CONSULTING ENGINEERS AND LAND SURVEYORS PSM N57285tate u�t x°LY:Do.
2770 INDIAN RIVER BLVD. Owl 1703 21 at STREET, VERO BEACH. FL 32880 of Florida PLOPm : DNM1i4MN
VERO BEACH, FLORIDA 32860 TEL: (r72)Ee2JT41 FAX: 1772) ESS•71SD "+'a YMA Ln`FAM WTE �EWLME: iDSSIAN
GNE - - 0.0pgALIDENE N, STWI afA Nn11A :NENDIES
- - - TM1 Irr. Pe aPo_E]aNN.
THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY.
SKETCH & DESCRIPTION SHFFT
PORTION of SECTION 35, TOWNSHIP 31 SOUTH, RANGE 3e EAST 1 of 2
& SECTION 2AND 11. TOWNSHIP 32 SOUTH, RANGE 38 EAST
INDIAN RIVER COUNTY, FLORIDA
PROPOSED PROPERTY ANNEXATION II„D RNW
Prepared by
Darlene Pegg, an employee of
Elite Title Of The Treasure Coast, Inc.
3055 Cardinal Drive, Ste 105
Vero Beach, Florida 32963
(772)231-5560
Return to: Grantee
�> File No.: ET 20285
SPECIAL WARRANTY DEED
THIS INDENTURE, executed on must 25, 2022 between
Sebastian River. Improvement District, a drainage district organized and existing under the
General Drainage Laws of the State of Florida, also known as Sebastian River Water Control
District, formerly known as Sebastian River Drainage District
whose mailing address is: C/O Special District Services Inc 2501a Burns Rd, Palm Beach Gardens, FL
33410,
hereinafter called the "grantor", and
Graves Brothers Company, a Florida corporation
whose mailing address is: 2770 Indian River Blvd., Vero Beach, FL 32960-4230,
hereinafter called the "grantee":
(Which terms "Grantor" and "Grantee" shall include singular or plural, corporaton or Individual, and either sex, and shall Include
heirs, legal representatives, successors and assigns of the same)
WITNESSETH: The grantor, for and in consideration of the sum of $10.00 and other good and valuable
consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, release,
convey and confirms unto the grantee, their heirs and assigns, all that certain land situate in Indian
River County, FL, to -wit:
See (Exhibit "A" and Exhibit "B" attached hereto
Subject to all reservations, covenants, conditions, restrictions and easements of record and to all
applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way
appertaining.
To Have and to Hold, the same in fee simple forever.
And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; and that said land is free
of all liens, reservations, restrictions, easements, leases, tenandes, and other encumbrances, except the
permitted exceptions and taxes accruing subsequent to December 31, 2021, and hereby releases any
automatic reservation and right of entry in accordance with Section 270.11, Florida Statutes. That It
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons claiming by, through or under Grantor, but against none other. /
Page ff�� 4
J
File No, ET-Wsof 360
In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first
above written.
Sebastian River Improvement District, a drainage
district organized and existing under the General
Drainage Laws of the State of Florida
13y: t/�_
Name: Thomas S Hammond
Title: Vice -Chair
Signed, sealed and elivered In our esen
r'
Witness Sign re
Darlene K PeZg
Print Name
State of Florida
County of Indian diver
Witness Signature
Sheila M. Milton
Print Name
The Foregoing Instrument Was Acknowledged before me by means of M physical presence or ❑
online notarization, on August 25. 2029 , by Thomas S Hammond . as
Vice -Chair , on behalf of Sebastian River Improvement District, a drainage
district organized and existing under t e General Drainage Laws of the State of Florida, also
known as Sebasti _n River Water Contr#1 District, formerly known as Sebastian River
Drainage District/ e�i fisti ng under �he law of the State of .
f jN9V P�(__ v
DARLENE K. PEGG
(Printed Name) : DARLENEK.PEGG
x= Commission # HH 080157
o o Expires April 14, 2025
My Commission expires: `", n'° BW1471nuiwyFain inaumra800485d019
{ivotarlal Seal}
Personally Known 0 OR Produced Identification l
Type of Identification Produced a valid driver's license
Page 4
File No. ET-ZdA9f 360
EXHIBIT "A"
Legal Description
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-S-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 30.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEEL' OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-
HALF (1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT
OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER COUNTY,
FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT "RANGE LINE CANAL" / 74th/ AVENUE 'DIKE AND CANAL' (100 FEET
WIDE RIGHT OF WAY), DEED BOOK 48, PAGE 23, ST. LUCIE COUNTY, FLORIDA, SAID WEST
RIGHT OF WAY OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT RANGE LINE
CANAL ALSO BEING THE EAST LINE OF SAID SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF J
Page 3 of 5
File No. ET-2M of 360
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL" (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE NORTHWESTERLY EXTENSION OF THE NORTHEAST RIGHT OF WAY OF
THE SEBAS77AN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (125.00 FEET WIDE
RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 2101 PAGE 300,
INDIAN RIVER COUNTY, FLORIDA, AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" BYPASS CANAL (125.00 FEET
WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300,
INDIAN RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-HALF
(1/2) OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd/ AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L" CANAL (150.00 FEET WIDE RIGHT
OF WAY), RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN
RIVER COUNTY, FLORIDA.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6-W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER
(1/4) OF THE NORTHWEST ONE -QUARTER (1/4), AND THE NORTH 50.00 FEET OF THE
SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST
ONE -QUARTER (1/4) OF SECTION 11, TOWNSHIP 32 SOUTH, RANGE 38 EAST LYING EAST
OF THE EAST RIGHT OF WAY OF THE SEBAS71AN RIVER IMPROVEMENT DISTRICT LATERAL
"D" CANAL (275.00 FEET WIDE RIGHT OF WAY) AND WEST OF THE SOUTHEAST ONE -
QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER (1/4) OF SAID SECTION 11, TOWNSHIP
32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA.
SUBIECT TO:
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-3-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 212.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
Page 4 of 5
File No. Etlgk&T 360
THE NORTH 50.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82ND AVENUE, COUNTY ROAD
609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION
88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN
RIVER IMPROVEMENT DISTRICT LATERAL W CANAL- (150.00 FEET WIDE RIGHT OF WAY)
RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-3-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO. 11, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
60, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-5-E CANAL
SURFACE WATER DRAINAGE AND STORMWATER DISCHARGE EASEMENT DESCRIPTION:
THE WEST 292.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE NORTH 30.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF (1/2),
AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2) OF THE SOUTH ONE-HALF
(1/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF RANCH ROAD (82nd AVENUE,
COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL
102, SECTION 88503-2611, OFFICIAL RECORD BOOK 3225, PAGE 1940, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE
SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "L"' CANAL (125.00 FEET WIDE RIGHT
OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY
CONSTRUCTION EASEMENT LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT C-S-E RIGHT OF WAY (100 FEET WIDE), LYING SOUTH OF THE WET DETENTION
POND NO. 10, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SHOWN ON THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS FOR ROAD NO. CR 609,
COUNTY INDIAN RIVER, FINANCIAL PROJECT ID 230879-2-52-01, POND DETAILS, SHEET
59, DATED 10/13/2020, SIGNED BY ROHAN A. HAMEED, P.E., LICENSE NUMBER 56734, HDR
ENGINEERING, INC.
i
Page 5 of 5 I
File No. ET-2N§3of 360
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL 0-5-E CANAL EXHIBIT "B"
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEETOF THESOM ONE-HALF 0A) OF THE SOUTH ONE-HALF (1/2), AND THE SOUTH 50.00FEET OF THE NORTH ONE-HALF (1/21 OF THE SOUTH
ONE-HALF (1/4 OF SECTION L TOWNSHIP 32 SOUTH, RANGE 38 EAST, INOIAN RIVER COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHTOF WAY OF RANCH ROAD
(82'4AVENUE, COUNTY ROAD 609) RIGHT OF WAY PER STATE OF FLORIDA RKLHT OF WAY MAP. PARCEL i02, SECTION R&"A5-2611, OFFK;IALRECoRD BOOK 3225,
PAGE 1910, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SERA LAN RIVER IMPROVEMENT DISTRICT
LATERAL v CANAL (125AO FEET WIDE RIGHT OF WAY) RIGHTOF WAY MAP 1960, OFFICIAL RECORD BOOK 21% PAGE 30% INDIAN RIVER COUNTY. FLORIDA.
THEABOVE DESCRIBED FARM CONTAINING 437,775.895QUARE FEETOR 10J150ACRES, MORE OR LESS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-4-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 59.00 FEET OF THE SOUTH DNE 1ALF (1/2) OF THE NORTH ONE-HALF (1/2). AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (:VA) OF THE
NORTH ONE-HALF (1/2) OF SECTR]N 1, TOWNSHIP 32 SOUTH, RANGE 36 EAST, 'INDIAN RIVER COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT OF WAY OF
RANCH ROAD (82i3 AVENUE, COUNTY ROAD 6091 RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARCEL 102, SECTION 88503.2611, OFFIM
RECORD BOOK 3225. PAGE 194% PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN RIVER
IMPROVEMENTUISTRICT LATERAL -V CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT OF WAYMAP 1960, OFFICTALRECORO BOOK 210, PAGE300, WDIAN RIVER
COUNTY, FLORIDA.
AND THE NORTH SOAO FEET OF THE SOUTH ONE-HALF (112) OF THE NORTH ONE-HALF (1/2), AND THE SOUTH 50.00 FEETOF THE NORTH ONE-HALF 119 OF THE
NORTH ONE-HALF 11/2) OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 3R EAST. INDIAN RIVER COUNTY. FLORIDA. LYING EAST -OF THE.EAST IWHT OF WAY OF THE
SERASTUU4 RIVER IMPROVEMENT DISTRICT LATERAL " V CANAL(125.00 FEET WIDE RIGHT OF WAY) RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 110, PAGE
30D. INDIAN RIVER COUNTY. FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF INDIAN RIVER FARMS WATER CDNTFtbL owmCT'RAma LINE CANAL' /741*
AVENUE 'DIKE AND CANAL' (100 FEET WIDE RIGHT OF WAY), DEW BOOK 48, PAGE 23. ST. WOE COUNTY, FLORIDA. SAID -WEST RIGHT OF WAY OF THE INDIAN
RIVER FARMS WAM CONTROL DISTRICT RANGE LINE CANAL ALSO BEING THE EAST LINE OF SAID SECTION L, TOWNSHIP 32 SOUTH, RANGE 3B EAST, INOIAN
RIVER COUNTY, FLOMOA
THE ABOVE DESCRIBED PARCEL DONTANINaW0,317,25 SQUARE FEET OR11.486AC.RES, MORE OR LESS,
SEBASTIAN RIVER IMPROVEMENT DISTRICTSUB-LATERAL C-3-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE NORTH 50.00 FEET OF THE SOUT1( ONE-HALF (IAA OF THE SOUTH ONE-HALF (112), AND THE SOUTH 50.00 FEET OF THE MONTH OHE-HAUL 11121 OF THE SOUTH
HALF OF SECTION 36. TOWNSHIP 31 SOUTH, RANEE 38 EAST, INDIAN RIVER COUNTY, FLORIDA LYING EAST OF THE EAST RIGHT OF WAY OF RANG( ROAD (82M
AVENUE, COUNTY ROAD 5091 RIGHT OF WAY PER STATE OF FLDRIDARIGHTOF WAY MAP, FARM 102. SECTION RRS03-26L3, OFRM RECORD BOOK 3225, FADE
1940, PUBLIC RECORDS OF MAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHTOF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL
'VCANAII ISMOD FEETWVE RIGHT OF WAY1 RIGHT OF WAY MAP IMI. OFROAt RECORD ROOK 211% PAGE 3W, IN THAN RIVER COUNTY. FLORICUL
AND THE NORTH SQOO FEETOF THE SOUTH ONE-HALF 1112) OF THE SOUTH ONE-HALF (1/2). AND THE SOUTH SOOO FEET OF THE NORTH ONE-HALF (1F2) OF THE
SOUTH HALF OF SECTION 36. TOWNSHIP 3L SOUTH, RANGE38 EAST, INDLAN RIVER COUNTY, FLORIDA. LYING EAST OF THE NORTHWESTERLY EXTENSION OF WE
NORTHEAST RIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL IV CANAL (125J10 FEET WIDE RIGHT QF WAY) RIGHTOF WAY MAP 1960,
OFFICIAL RECORD BOOK 21A PAGE 300, IN" RIVER COUNTY, FLORDA, AND WEST OFTHE WLSTRIGHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT LATERAL-L- BYPASS CANAL (125D0 FIE ET WIDE KISHT OF WAY), RIGHT OF WAY MAP 1960, OPRCIAL RECORD BOOK 210, PAGE 301% INDIAN RIVER
COUNTY, FLORIDA.
7HEABOVE DESCRIBED PARCEL CONTAINING 339,846.78 SQUARE METOR 7,802 ACRES, MORE OR LESS.
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-2-E CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION'
THE NORTH SOAO FEET OF THE SOUTH ONE-HALF (112) OF THE NORTH ONE-HALF (V2). AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (112) OF THE
NORTH ONE-HALF (1/2) OF SECTION 36. TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA LYING EAST OF THE EAST RIGHT OF WAY OF
RANCH ROAD (RYd AVENUE, COUNTY ROAD ED9) RIGHT OF WAY PER STATE OF FLORIDA RIGHT OF WAY MAP, PARM 102, SECTION 18503.2611, OFFICIAL
RECORD BOOK 3225, PAGE T94% PUaUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND WEST OF THE WEST RIGHT OF WAY OF THE SEBASTIAN RIVER
IM PROVEMENT DISTRICT LATERAL'V CANAL (150.OD FEET WIDE RIGHT OF WAY), RIGHT OF WAY MAP 1914 OFFICIAL RECORD ROOK 2106 PAGE 3006 IND"
RIVER COUNTY, FLORIDA.
THE ABOVE DESCRIBED PARCEL CONTAINING 236,709.74 SQUARE FEET OR SA34 ACRES, MORE OR LESS,
SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL C-6,W CANAL
RIGHT OF WAY ABANDONMENT DESCRIPTION:
THE SOUTH 5d00 FEET OF THE NORTH ONEFALF 12/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER (1/4). AND THE NORTH
SD.00 FEET OF THE SOUTH ONE-HALF (1/2) OF THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER 11/4) OF SECTION 11, TOWNSHIP 32
SOUTH, RANGE 3B EAST LYING EASTOF THE EAST RIGHTOF WAYOF THESERASTIUI RIVER IMPTIOVEMENT DISTRICT IATERAL'O' CANAL (275.00 FEET WIDE RIGiT
OF WAY) AND WEST OF THE SOUTHEAST ONE -QUARTER (1/4) OF THE NORTHWEST ONE -QUARTER 11/4) OF SAID SECTION 11. TOWNSHIP 32 SOUTH, RANGE 38
EAST, INDIAN RIVERCOUNTY, FLORIDA
THE ABOVE DESCRIBED PARCEL CONTAINING 105,653.69 SQUARE FEET OR 2A25 ACRES, MOREOR LESS. .T ,`►�43R
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ATTACHMENT A
278 of 360
Ron DeSantis
GOVERNOR
The Honorable Jim Hill
Mayor, City of Sebastian
Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Hill:
D� 1�)
FLORIDA DEPARTMENT d
ECONOMIC OPPORTUNITY
November 18, 2022
Dane Eagle
SECRETARY
The Department of Economic Opportunity ("Department") has reviewed the City of Sebastian's
proposed comprehensive plan amendment (Amendment No. 22-01ESR), received on October 19, 2022,
pursuant to the expedited state review process in Section 163.3184(2)(3), Florida Statutes (F.S.). We
have identified no comment related to adverse impacts to Important state resources and facilities within
the Department's authorized scope of review.
We are, however, providing three technical assistance comments consistent with Section
163.3168(3), F.S. The technical assistance comments will not form the basis of a challenge. They are
offered either as suggestions which can strengthen the City's comprehensive plan in order to foster a
vibrant, healthy community or are technical in nature and designed to ensure consistency with the
Community Planning Act in Chapter 163, Part II, F.S. The technical assistance comments are:
Technical Assistance Comment 1:
The amendment should include an urban s: -rawl ana14 sis alon:i with data and anaLsis to su000rt
the proposed amendment. The amendment resultinq in a: otential increase or over 19.000
dwellina units and almost 52.000 000 s. uare feet, requires data and analvsis forplannina
ourooses r: ursuant to sections 163.3177f1 MI., and 163.3177(60,12., F.S. The analysis should be
based on the maximum densitv and intensity of the proposed land use cate . or,.. Alternatively.
the Cit, o Sebastian should consider a different land use category that more accurately reflects
the site's intended uses. density. and intensity. The amendment could also be suL)Dorted b+, a
s., eci-ic text amendment that reflects development levels and uses closer to the intended use.
This should then be supported by data and analysis based on the more specific description,
including a nublic : ocilities analvsis and urban s� -rowl anal sis.
Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
(850) 245.71051 www.FloddaJobs.org I www.Twitter.com/FLDEO I www.Facebook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with
disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via
the Florida Relay Service at 711
279 of 360
The Honorable Mayor Hill
November 18, 2022
Page 2 of 2
Technical Assistance Comment 2:
The Department stronaiv encourac;es the Citv of Sebastian to coordinate with the St. Johns River
Water Management District on all matters vertainino to recrional water suunly. water
conservation. and water use permfttinci: Indian River County for the vrovision of water, sewer.
and road services,- and the Florida Department of Transt,ortatlon reciardina transportation
access.
Technical Assistance Comment 3:
Prior to adoption of the r.)rouosed amendment, the subiect property must be formally annexed to
the City of Sebastian.
The City should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the
comprehensive plan amendment. In addition, the City is reminded that:
• Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly
to the City. If the City receives reviewing agency comments and they are not resolved, these
comments could form the basis for a challenge to the amendment after adoption.
• The second public hearing, which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of agency
comments or the amendment shall be deemed withdrawn unless extended by agreement with
notice to the Department and any affected party that provided comment on the amendment
pursuant to Section 163.3184(3)(c)1., F.S.
• The adopted amendment must be rendered to the Department. Under Section
163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department
notifies the City that the amendment package is complete or, if challenged, until it is found to be
in compliance by the Department or the Administration Commission.
If you have any questions concerning this review, please contact Yazmin Valdez, Planning
Analyst, by telephone at (850) 717-8524 or by email at Yazmin.Valdez@DEO.MyFlorida.com.
Si rely,
mes D. Stansbury, Chief
Bureau of Community Planning and Growth
JDS/yv
Enclosure(s): Procedures for Adoption
cc: Lisa Frazier, Community Development Director, City of Sebastian
Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council
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SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Section 163.3184(3), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic
amendment submittal portal "Comprehensive Plan and Amendment Unload"
(htt s: fldeo.musalesforce sites.corn& ) or submit three complete copies of all comprehensive plan
materials, of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government: the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services (county plan
amendments only); and the Department of Education (amendments relating to public schools); and for
certain local governments, the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
State Land Planning Agency identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Identify if concurrency has been rescinded and indicate for which public facilities.
(Transportation, schools, recreation and open space).
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name, title, address, telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
Revised: October 2022 Page 1
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ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments, changes should be shown in strike-through/underline format.
In the case of future land use map amendments, an adopted future land use map, In color
format, clearly depicting the parcel, its future land use designation, and its adopted designation.
A copy of any data and analyses the local government deems appropriate.
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of the executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for expedited review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If the amendment is timely challenged, this amendment shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance."
List of additional changes made in the adopted amendment that the State Land Planning Agency
did not previously review;
List of findings of the local governing body, if any, that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
State Land Planning Agency in response to the comment letter from the State Land Planning Agency.
Revised: October 2022 Page 2
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Revision: 11/18/22
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: City of Sebastian
From: Staff
Date: November 18, 2022
Subject: Local Government Comprehensive Plan Review
Draft Amendment to the City of Sebastian Comprehensive Plan
Amendment No. 22-0IESR
Introduction
The Community Planning Act, Chapter 163, Florida Statutes, authorizes the regional planning
council to review local government comprehensive plan amendments prior to their adoption. The
regional planning council review and comments are limited to adverse effects on regional
resources or facilities identified in the Strategic Regional Policy Plan (SRPP) and
extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any
affected local government within the region. Council must provide any comments to the local
government within 30 days of the receipt of the proposed amendments and must also send a copy
of any comments to the state land planning agency.
The amendment package from the City of Sebastian was received on October 19, 2022 and
contains one Future Land Use Map (FLUM) amendment and a text amendment to the Land Use
Element. This report includes a summary of the proposed amendments and Council comments.
Summary of Proposed Amendments
On May 25, 2022, the City Council approved at first reading the proposed annexation of
2,044.318 gross acres, more or less, of property owned by Graves Brothers Company. The
property is located south of County Road 510, west of 70 Avenue, north of 691 Street, and east
of 90'' Avenue. The subject property is currently agricultural land in unincorporated Indian River
County, contiguous to the boundaries of the City. Consecutive with the annexation, the property
owner is requesting an amendment to the FLUM and text changes to the Land Use Element to
assign a City land use designation to 1,913.593 acres, changing it from Indian River County
Agricultural (AG-1), which would allow up to 382 dwelling units, to City of Sebastian Mixed
Use (MU), which allows 10 dwelling units per acre and 0.6 Floor Area Ratio (FAR) for non-
residential development (up to 12 dwelling units and up to 1.0 FAR with incentives). Based on
1,913.593 acres and the limitation proposed in Policy 1-17.1(1), the proposed designation would
allow 13,395 dwelling units (16,074 dwelling units with incentives) and approximately 15
million square feet of non-residential uses (25 million square feet with incentives). These
densities and intensities are not available by right and the actual yield will likely be further
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reduced by application of the land development regulations. The land use change will constitute
the "net acreage," which is approximately 130.725 acres less than the gross due to road and canal
rights -of -way. The County's Agricultural zoning designation will remain until such time as the
property owner petitions the City for a zoning amendment and provides development plans for
the subject property. The property owner does not have a proposed development for the subject
property at this time.
Adjacent future land use designations include: County Low Density Residential-1, up to 3
dwelling units per acre (L-1), Conservation-3, 1 unit per 2.5 acres (C-3), and City Commercial
General (CG) to the north; County Agricultural-1, 1 unit per 5 acres (AG-1), County
Conservation-3, 1 unit per 2.5 acres (C-3), and Planned Development (Liberty Park TND) to the
east; and County Agricultural-1, 1 unit per 5 acres (AG-1) to the west and south.
The City recognizes that large scale annexation parcels with a Mixed Use designation require site
specific policy conditions. Accordingly, as part of the land use amendment, the City has added
the following conditions (shown in underline) pertaining to the desired mixed -use development
of the site into the adopting ordinance as follows:
Obiective 1-1.7: Site Saecific Policies. The following polices are adopted specific,
to individual areas within the City of Sebastian.
Policv 1-1.7.1: 1,913.593 +/- Pronem located South of CounIN Road 510, West of
Land Adiacent to 74th Avenue, North of 691h Street. and east of 90th Avenue. more
snecificallv describe in City Ordinance No. 0-22-13 shall be develond subject to
the followine policies:
a. Rezonin.: of the property shall be done through a Planned Unit Development Process
as described in Article XX of the Land Development Code.
b. Housing types shall be mixed to meet various income levels and lifestyle choices.
C. Future dedication of ROW upon mutual consent of the land owner to the appropriate
entitv that promotes an interconnected, extended and improve „ rid road system along
with a well -planned transportation system of roads and streets throughout the
development, in coordination with Indian River Counl � , to si)ecifically include 81'
Street, 77th Street, and 73rd Street as well as 74th Avenue.
d. Provision for a mixed -use "Town Center" area.
e. Future dedication and donation of institutional lands necessary for governmental
services such as nost offices, public safety, schools, etc. that may be needed for
increases in necessary services, as identified by concurrence analysis in accordance
with the Cii •v of Sebastian land development codes and ordinances at the time of
development.
f. Strategic assembly of commerce and industrial development consistent with the
City's Comprehensive Plan Mixed Use Land Use.,
g. Future dedication of conservation lands to appropriate entity at the time of
development to include any natural areas of significant importance, and the
provision of areenwav trails to promote a system of connectivity and access
consistent with the City's Comprehensive Plan and land development codes.
2
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h. Dedication of City Park and recreational lands above what will be required in the
individual residential subdivision developments. Allocation of narks and recreation
lands consistent with the City's Comprehensive Plan and land develoment codes
specifically: a minimum of 2 acres/1000 residents of publicly accessible recreation
lands, and a minimum of 2 acres/1000 residents of other recreational lands.
i. Increased buffers adjacent to low densitv areas outside of the PUD area.
j. As a condition of future development; sufficient land area shall be allocated for
infrastructure required to support the development and mandate hook-up to central
notable water and wastewater systems for all new development Prior to receiviAg
development orders. Therefore, the proposed development, the Graves Brother
Sebastian South, must provide sewer and water service as a condition of
development. These services ma : be provided by the County, however no septic
systems will be allowed in accordance with City policy and land development codes.
k. The prop_ ertv shall be master planned on a minimum of no less that 500 acre units as
mart of an overall Planned Development proiect usinja PUD zoning district and
�irocess.
1. The pronezty shall consistent of a mix of uses of a minimum 30 percent non-
residential to 70 Percent residential.
in. The property shall require a minimum aggregate total of 50% open space. Each of
the followinu, use shall Qualify to meet the open space requirement: conservation
area, szreenways and trails. all public narks greater than one acre, whether passive or
recreational: Pervious portions of agricultural land: all common open space: upland
preserves: undeveloped lands suitable for passive recreation, conservation.
stormwater uses, wetlands preservation. preservation of habitat for protected
specifies which is left un-developed, and anv portions of the Real Property conveyed
to the County or City for a wastewater treatment plan, fire station or Police station.
Golf courses shall not be considered O¢)en Space.
The property owner has provided a Public Facilities Statement that indicates "the site is the
benefactor of existing and planned thoroughfare roads, existing water and sewer utilities, and
existing SRID (Sebastian River Improvement District) drainage facilities, which can support the
future urban development of this site." The report further states that adequate traffic, utilities,
drainage, and other facilities either exist or are planned in the vicinity of the site. Additionally,
the City's land development codes and comprehensive plan establish concurrency standards and
specify that adequate provision of these services are necessary to support new development.
Upon submittal of any development proposals, the developer will be required to complete an
evaluation of existing infrastructure capacity and need for new facilities concurrent with
development.
Regional Impacts
An analysis of impacts on Level of Service was not provided, therefore no specific adverse
effects on regional resources or facilities can be identified. However, the City and the County
should collaborate to plan in advance for and manage the transition of the area along 82nd
Avenue from primarily agricultural to other uses that respond to the changing transportation
patterns being brought about by the roadway extensions and improvements. The approval of the
proposed future land use designation in the City of Sebastian along the east side of 90t' Avenue
3
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and south side of 851h Street/County Road 510 will lead inevitably to changes along the west side
and northside respectively as well as down 82" Avenue to the south. Unmanaged, the resulting
growth will create adverse impacts to regional resources and facilities such as natural areas,
agricultural lands, and roadways.
Extraiurisdictional Impacts
Council requested comments from local governments and organizations expressing an interest in
reviewing the proposed amendment on October 24, 2022. No extrajurisdictional impacts have
been identified.
Conclusion
No adverse effects on regional resources or facilities and no extrajurisdictional impacts have
been identified. However, the following is offered for consideration by the City before approval
of the land use designation change.
The subject 1,913.593 acre property represents an extraordinary opportunity for the City of
Sebastian to plan an expansion that will demonstrate all that has been learned about town
planning and preferred forms of development since the last large expansion of the City by
General Development many years ago and secure a prosperous and healthy future for new and
existing residents. The City of Sebastian should be commended for promoting a future growth
direction for the proposed development of the Graves Brothers Company properties to include a
network of interconnected streets and roadway grid system; a variety of housing types to
accommodate a range of income levels and lifestyle choices; and provisions for a mixed -use
"Town Center" and neighborhood commercial.
It is also important to recognize that the proposed future land use designation would allow the
construction of over 13,000 new dwelling units and over 15 million square feet of new non-
residential buildings. At a potential population of 31,000 persons (based on Sebastian's persons
per household of 2.39), the new development could exceed the population of Sebastian itself
(25,915 per BEBR). While application of all land development regulations and the various
requirements of Policy 1-1.1.7.1 will likely reduce the actual yield of units and intensity, the
establishment of what amounts to a new city in impacts will require a robust planning and
coordination effort with service providers and adjacent jurisdictions to ensure adequate services
are provided in advance of and no later than development impacts. It should not be assumed that
currently planned improvements (state and county road extensions or water and sewer plant
capacity expansions for example) have anticipated the potential development magnitude that the
proposed land use designation would allow.
There are a number of Goals, Strategies, and Policies in the "Future of the Region" section of the
Strategic Regional Policy Plan (SRPP) which are applicable to the proposed future land use
amendment and which were utilized in forming the recommendations listed below. Under
Preferred Development Form Strategies, Goal 2.1 calls for preserving natural systems. Goal 4.1
states that future development should be part of existing or proposed cities, towns, or villages.
Under Strategy 4.1.1, Policy 4.1.1.1 lists a number of fundamental planning principles for new
towns and Strategy 4.1.2 states that determinations should be made on the preferred locations for
4
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new cities, towns, and villages. In the Sustainability section, Policy 10.1.1.1 under Goal 10.1
calls for the planning and design of new development to effectively accommodate alternative
modes of transportation. Finally, in the section on Children, Goal 12.1 calls for improved
independence and self-sufficiency of the children in the Region. Policy 12.1.1.2 encourages the
location and provision of schools, parks, recreation, and other uses (such as retail, civic uses,
etc.) within biking or walking distance of residential areas.
In an effort to assist the City in achieving its planning goals stated in the conditions incorporated
into Ordinance No. 0-22-13 and to ensure consistency with the SRPP, Council offers the
following recommendations:
1. The proposed ordinance states that the site will be rezoned using the Planned Unit
Development Process. This development process, which is typically characterized as
planning by negotiation, can be unpredictable and generate unintended results. Council
recommends that companion Land Development Regulations be established for the
annexation area that specifically prescribe the design intent and development parameters.
2. Council recommends the development of a detailed vision or master plan which
illustrates:
a. Potential future roadway, alleyway, and trail network (including all neighborhood
streets), with consideration of walking, biking, transit, as well as automobiles;
b. Future drainage and storm water planning concepts illustrating an overall system
for water treatment and retention which fully integrates and accommodates future
development. Larger ponds are typically more efficient that a series of small
ponds and provide greater opportunity for site design and environmental benefits;
c. Details of neighborhood design concepts showing how the desired range of
housing types can be provided in a cohesive neighborhood structure;
d. Detailed concepts for the "Town Center" and how that component of the
community is connected to the adjacent areas. Consideration should be given to
engaging the "Town Center" with 82°d Avenue so that it is not "hidden" which
could limit future success as has happened in other communities;
e. A network of public parks, open spaces, and civic and institutional areas including
schools.
City staff should consider companion Land Development Regulations specific to the
annexation area that ensure the stated goals of mixed -use, a dense network of streets, a
variety of housing types, and a "Town Center" are accomplished.
4. When a future development plan is considered, the City should coordinate with the Indian
River County School District regarding impacts to public school capacity, potential future
school sites, the co -location of schools with proposed parks, etc. in order to ensure that
the new residents will have the opportunity to readily bike or walk to school. This project
represents a unique opportunity to get the school -community -parks -transportation
relationship right for the benefit of the entire community.
287 of 360
5. It appears that Policy 2-1.5.7 of the Transportation and Mobility Element requires a
review of mobility network impacts in association with annexations and land use
changes. We encourage the City to conduct this review, and to include the County, the
Florida Department of Transportation, the Indian River County MPO, and the transit
provider in the review due to potentially very significant impacts. In addition, the City
should ensure that right-of-way dedications for County and State roadways include
adequate space to achieve the City's laudable mobility goals.
6. It appears that Policy 8-1.3.1 of the School Facilities Element requires a conditional
School Capacity Availability Letter of Determination at the land use amendment stage.
As stated above, this can be a good opportunity to ensure schools are woven into the
fabric of the community and constructed concurrent with development.
Some of the above recommendations speak to later stages in the development review process.
Due to changes in how growth is administered in Florida, the review of proposed land use
changes is essentially Council's only official opportunity to share constructive input and
concerns regarding new development. Council does, however, stand ready to assist the City with
achieving their vision for this site in any way desired and would welcome the opportunity to do
so.
Council Action — November 18, 2022
The next scheduled Council meeting is December 16, 2022. In order to avoid unnecessary delay
and meet the 30-day agency review deadline, Council's Executive Director, Thomas J. Lanahan,
approves this report and authorizes its transmittal to the City of Sebastian and the Florida
Department of Economic Opportunity.
Attachments
31
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Exhibit
List of Exhibits
General Location Map
Proposed Future Land Use Map
289 of 360
Lisa Frazier
From: Hymowitz, Larry <Larry. Hymowitz@dot.state.fl.0 s >
Sent: Thursday, November 17, 2022 3:06 PM
To: DCPexternalagencycomments; Lisa Frazier
Cc: Krane, John; Fasiska, Christine; Bush, Lois; Stroh, Justin; Brian Freeman; Matson, Phil;
Szpyrka, Richard; Conrin, Kelly D.; Naselius, Ben
Subject: City of Sebastian 22-1 ESR - FDOT District Four Review Comments
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attachments or clicking on links. ESPECIALLY from unknown senders.
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified in
Section 163.3184(1)(c), F.S., the Florida Department of Transportation (FDOT) reviewed the proposed City of
Sebastian 22-lESR comprehensive plan amendments relating to the future land use change of approximately
2,000 acres to mixed use future land use category in the City's southern annexation area south of County Road
510 and bisected by 82"d Avenue. FDOT is providing the following technical assistance comment and
recommendation consistent with Section 163.3168(3), Florida Statutes. The technical assistance comment will
not form the basis of a challenge. The comment is intended to strengthen the City's comprehensive plan in order
to foster a vibrant, healthy community and are designed to ensure consistency with the Community Planning
Act in Chapter 163, Part II, F.S.
The Department has the following comment for the City to consider. The Department appreciates the City's
response to be included in the adoption package.
Technical Assistance Comment #1
The site -specific policy 1-1.7.1 does not address development accessibility to the future extension of 82nd
Avenue. It is assumed that proposed urban development could pressure the City and/or County for driveway
access points along 82nd Avenue. Without clear policy direction, the resulting level of access could conflict with
the "Purpose and Need" for the 82"d Avenue widening project as documented in the 82"d Avenue PD&E (Project
Development & Environmental) Study Final Preliminary Engineering Report. This report includes the following
Purpose & Need objectives as established in December 2004:
• Provide connectivity from SR 60 to CR 510 as an alternative north -south route.
• Divert citrus truck traffic from US 1 and provide an alternate route for the trucks to the City of Sebastian.
• Provide relief to the other two north -south routes of 66th Avenue and 58th Avenue; and act as an
evacuation route in case of an emergency on 1-95 between 51160 and the CR 512 interchanges.
• Improve the existing drainage by providing the necessary storm -water treatment.
The Purpose & Need for the roadway project did not contemplate much local access for new development,
given that at the time of the report, a significant portion of the corridor was outside of the County's Urban
Service Area boundary. The proposed developments and any additional growth in this area could represent a
fundamental change in the purpose and need for the corridor and could jeopardize achieving the intended
project objectives as included in the report. These objectives influenced the intended function and design of the
future roadway extension.
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Recommendation for comment #1:
The City and County should consider the intended Purpose & Need objectives of the 82"d Avenue roadway
project when planning and contemplating development approval decisions that access 82"d Avenue. The City
should also commit to working with the County to manage access along County Road 512 to minimize access to
preserve its capacity and regional function.
The Department requests an electronic copy of all adopted comprehensive plan amendment materials, including
graphic and textual materials and support documents.
Please don't hesitate to contact me if you have any questions or need assistance with the recommendation. We
appreciate hearing from the City prior to adoption.
Thank you.
FDOT
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LAW OFFICES OF GEORGE A. GLENN
2165 15th Avenue, Vero Beach, FL 32960
P.O. Box 8, Vero Beach, FL 32961
Tel.(772) 569-0442 Fax (772) 567-5097
Email: georgeelenn@gglennlaw.com
Email: gglennir@gglennlaw.com
George A. Glenn, Sr.
George A. Glenn, Jr.
November 13, 2022
Via Email:
Barbara Powell
Barbara.Powell(a)deo.mvflorida.com
DCPexternalaeencycomments(ri,deo.mv f
Re: City of Sebastian Land Use Change for Graves Brothers Property
Dear Ms. Powell,
I write to you regarding the proposed land use change by the City of Sebastian for property
known as the Graves Brothers Property that is not yet in the city's limits but is being
considered for annexation. Please see the attached letter by Tim Glover, President of the
Friends of St. Sebastian River, to the Sebastian City Council members which addresses
concerns about the impact to the St. Sebastian River, a tributary to the Indian River Lagoon,
from the impact of the density and intensity increase associated with the proposed land use
change. Mr. Glover spoke to the city council at the transmittal hearing.
It is my hope that your department's comments will encourage the City to provide
meaningful preserved space buffering the headwaters of the St. Sebastian River that run
through the Graves Brothers property, as well as to encourage that the city take other
actions mentioned in our letter to ensure that the natural environment is mitigated from the
negative impacts associated with the large increase in development entitlements.
Please do not hesitate to contact me should you have any questions.
Sincerely,
LAW OFFICES OF GEORGE A. GLENN
By: /s/ Geori>e A. Glenn Jr.
George A. Glenn Jr., Esquire
Enc.
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Nis
Officers
Tim Glover
President
Buzz Herrmann
Vice President
Terry Greene
Treasurer
Carol Lynn Peterson
Secretary
Directors
Diana Bolton
Mark Bondy
Bob Stephen
Bruce Zingman
Advisory
Directors
Graham Cox
Karen Grebs
Peter Hinck
Bruce Sabol
Founding
Member
Frank DeJoia
1924-2017
Directors
Emeriti
Bill Brennan
Lynn Stieglitz
Frank Wegel
P.O. Box 284
Roseland, FL
32957-0284
772-202-0501
Est. 1989
www.fssr.org
info@fssr.org
In
November 14, 2022
Jim Hill, Mayor
Fred Jones, Vice Mayor
Ed Dodd, Councilman
Bob McPartlan, Councilman
Christopher Nunn, Councilman
City of Sebastian
1225 Main Street
Sebastian, FL 32958-4165
Dear Honorable Council Members:
I am writing to the Council as a follow-up to our previous letter of September 20'', and the
City Council meeting of October 12t', with regard to the annexation process of the Graves
Brothers property, by the City of Sebastian.
At the Council meeting of October 12a', we learned of proposed amendment(s) to the City's
comprehensive land use plan that will include new Objective 1-1.7, Site Specific Policies,
which will apply to the Graves Brothers property if annexed. We are thankful to see the
inclusion of these Policies that will provide some assurances for the eventual development
of this property.
Our concerns continue to lie with what we believe are reasonable and necessary assurances
to protect the headwaters of the St. Sebastian River. There have been efforts in the past to
do so, such as the acquisition of the properties by Indian River County that now make up the
South Prong Preserve. There is also the conceptual plan of the St. Sebastian River
Greenway which recognizes the value of conserving this resource for the community, for the
wildlife habitat it provides, and ultimately protecting the Indian River Lagoon of which it is
a major tributary.
The watershed of St. Sebastian River needs additional protection and the following are
specific assurances which we ask that you consider for inclusion in the annexation
agreement:
1. Conservation of the property surrounding the headwaters of the South Prong,
providing a buffer for stormwater runoff, sedimentation, nutrient and chemical control,
natural riparian area for protection of biodiversity, etc.
2. No bridges or structures, other than a possible pedestrian bridge, spanning the South
Prong of the river.
Gold
Transparency
2022
Helping maintain and improve the health and beauty of the St. Sebastian River and its wa l�#60
Candid.
3. Increased stormwater retention requirements — Florida statute provides for 150% of basic stormwater
retention capacity for properties that discharge directly to an Outstanding Florida Water. The Indian
River Lagoon is classified as an OFW but the St. Sebastian River is specifically excluded. As
mentioned, though, it is a major tributary to the Lagoon. We would ask that development of the Graves
Brothers property be required to comply with this greater stormwater retention requirement.
4. Better management of stormwater facilities, similar to how Indian River County maintains its recent
projects, such as Egret and Osprey Marsh facilities, providing a more functional habitat.
5. Incentives for the use of pervious surfaces.
6. Incentivize low impact development including the use of bioswales, more use of native plants, habitat
restoration, etc.
The recent election showed the importance of how the public feels about conserving land to protect our waters,
such as those that flow into the St. Sebastian River and to our Indian River Lagoon. The City of Sebastian has
an extraordinary opportunity to preserve a significant block of land around the slough of the headwaters of the
St. Sebastian River through this entitlement process. Because the City of Sebastian is granting the landowner
with significant development entitlements on raw land, it is incumbent that it utilizes this process to set aside
those lands in permanent protection. We have included a map (attached) depicting a proposed easement area
that should exclude development not associated with passive open space. This area covers only about 115 acres
of the overall 2,000 acres of annexed lands, and a future developer of the overall property should be responsible
for restoring the property.
Thank you for the Council's engagement and attention on this issue. We do appreciate that some issues have
been addressed and we assume the assistance of the outside attorney with expertise in annexations, hired by the
City to assist with this issue, has been helpful. Please do continue to consider the many aspects of how this
annexation will impact the community of Sebastian and surrounding areas, along with the issues that need to be
addressed prior to the final granting of development entitlements!
Sincerely,
Tim Glover, president
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Lisa Frazier
From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com>
Sent: Tuesday, November 15, 2022 4:10 PM
To: Lisa Frazier
Cc: DCPexternalagencycomments@deo.myflorida.com
Subject: City of Sebastian proposed comprehensive plan amendment 22-01ESR
Attachments: City of Sebastian: Water Supply Facilities Work Plan - 2022 CSEC RWSP
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attachments or clicking on links. ESPECIALLY from unknown senders.
Dear Ms. Frazier,
St. Johns River Water Management District (District) staff have reviewed City of Sebastian proposed
comprehensive plan amendment 22-OIESR in accordance with the provisions of Chapter 163, Florida Statutes
(F.S.). Based on review of the submitted materials, District staff provide the following technical assistance
regarding regional water supply.
1. The amendment does not include an analysis demonstrating that adequate water supply or related facilities
are available or planned to serve the proposed development. Prior to adoption, the City should provide an
analysis demonstrating that the City's water supplier has adequate water supply and related facilities
available or planned to accommodate the proposed increase in water demand.
2. As a reminder, the District approved the Central Springs/East Coast Regional Water Supply Plan (CSEC
RWSP) in February 2022. The District previously contacted the City (attached) regarding the requirement to
adopt a Water Supply Facilities Work Plan (WSFWP) within 18 months (i.e., August 2023) of approval of
the CSEC RWSP, in accordance with section 163.3177(6)(c)3, F.S. The District is also providing this email
as an additional reminder about the requirement to adopt an updated WSFWP and related comprehensive
plan amendment by August 2023. Further information on the CSEC RWSP is available at
sirwmd.com/water-sup-Div/plannina.
If you have any questions or need additional information, please contact me.
Sincerely,
Steve Fitzgibbons
Steven Fitzgibbons, AICP
Intergovernmental Planner
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, FL 32256
Office (386) 312-2369
Website: www.sirwmd.com
Connect with us: Newsletter, Facebook, Twitter. Instagram, YouTube, Pinterest
www.sjrwmd.com/oPermit
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299 of 360
Lisa Frazier
From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com>
Sent: Wednesday, April 20, 2022 3:18 PM
To: Lisa Frazier, Paul Carlisle
Subject: City of Sebastian: Water Supply Facilities Work Plan - 2022 CSEC RWSP
Good afternoon,
In February 2022, the St. Johns River Water Management District (SJRWMD) governing board approved the Central
Springs/East Coast Regional Water Supply Plan (CSEC RWSP. SJRWMD is providing this email as a reminder about the
Chapter 163, Florida Statutes (F.S.), requirement for local governments to adopt a Water Supply Facilities Work Plan and
related comprehensive plan amendment within 18 months of governing board approval of the CSEC RWSP.
SJRWMD's CSEC RWSP planning area includes all or part of Volusia, Lake, Marion, Brevard, Indian River, and Okeechobee
counties. To promote consistency among local government comprehensive plans and the CSEC RWSP, Section
163.3177(6)(c)3, F.S., requires each local government within the CSEC RWSP planning area to amend its comprehensive
plan to adopt a Water Supply Facilities Work Plan within 18 months of governing board approval of the 2022 CSEC
RWSP. For local governments within the CSEC RWSP planning area, adopted Water Supply Facilities Work Plans and
related comprehensive plan amendments should be adopted by Aueust 2023.
The CSEC RWSP contains an assessment of projected water demands and potential sources of water to meet these
demands through 2040. In addition, the CSEC RWSP identifies project options and other solutions to meet the current
and future water use needs of the region while ensuring the natural resources of the area are protected. resources. An
overview of the CSEC RWSP can be found at sirwmd.com/water-supplv/planning/secures/#overview. Information on the
CSEC RWSP planning area can be found at sirwmd.com/water-suonly/plannine/scissors/#area. The CSEC RWSP and
associated appendices can be found at sirwmd.com/water-supply/planning/csec-rwsp/#documents.
An adopted Water Supply Facilities Work Plan must cover at least a 10-year planning period, identify traditional and
alternative water supply projects, and identify the conservation and reuse measures needed to meet projected future
demands. Information about Water Supply Facilities Work Plan -related requirements can be found at
sirwmd.com/localpovernments/comprehensive-planning/ and on DEO's website at floridaiobs.ore/communitv-ralanninie-
and-develop ment/programs/community-p la nnine-table-of-contents/water-supply-planning.
SJRWMD staff are available to assist local government planning staff as they amend the comprehensive plan to adopt
their Water Supply Facilities Work Plan. If you have any questions or would like to discuss the comprehensive planning
requirements, please let me know.
Sincerely,
Steve Fitzgibbons
Steven Fitzgibbons, AICP
Intergovernmental Planner
Division of Strategic Planning and Initiatives
St. Johns River Water Management District
7775 Baymeadows Way, Suite 102
Jacksonville, FL 32256
Office (386) 312-2369
Website: www.sirwmd.com
Connect with us: Newsletter, Facebook, Twitter, InstaRram, YouTube, Pinterest
300 of 360
www.sjrmmd.com/ePormit
301 of 360
DeSantis
FLORIDA DEPARTMENT OF Ron
Governor
Environmental Protection JeanetteNuoez
Lt. Governor
Marjory Stoneman Douglas Building Shawn Hamilton
3900 Commonwealth Boulevard Secretary
Tallahassee, FL 32399
November 18, 2022
Lisa Frazier, AICP, Community Development Director
City of Sebastian Community Development Department
1225 Main Street
Sebastian, Florida 32958
Re: Sebastian 22-01ESR Proposed Comprehensive Plan Amendment
Expedited Review
Dear Lisa Frazier,
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced amendment, received on October
19, 2022, in accordance with the provisions of Chapter 163, Florida Statutes (F.S.). The
Department's review of the proposed amendment focused on important state resources and
facilities that would be adversely impacted if the amendment is adopted, specifically: air and
water pollution; wetlands and other surface waters of the state; federal and state-owned lands
and interest in lands, including state parks, greenways and trails and conservation easements;
solid waste; water and wastewater treatment; and the Everglades ecosystem restoration.
PROPOSED AMENDMENT
The proposed amendment to the City's Comprehensive Plan seeks to change the Future Land
Use designation of a 1,913.59-acre site, located south of County Road 510, west of land
adjacent to 70 Avenue, north of 690' Street, and east of 900' Avenue, from Indian River
County Agricultural (AG-1) to City of Sebastian Mixed Use, and establish a site -specific
policy for the future development. If adopted, the amendment would allow the development
of a mixture of residential, commercial, recreational, limited industrial, and institutional uses
on the subject property, and would result in a density increase from a maximum of one (1)
dwelling unit per five (5) acres to a maximum of ten (10) dwelling units per acre.
IMPORTANT STATE RESOURCES
The Indian River Lagoon is a nationally renowned estuary that supports both remarkable
biological diversity and recreational resources. The Central Indian River Lagoon (CIRL)
Basin Management Action Plan (BMAP) outlined by 403.067, (7), F.S., and adopted by
secretarial order, identifies and frames actions to address and restore impaired state waters.
The Clean Waterways Act (Chapter 2020-150, Laws of Florida) further refines actions taken
by the BMAPs.
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DEPARTMENT COMMENTS
The location of this amendment site is within the CIRL BMAP. Activities associated with
these land use changes have the potential to impact water quality. Appropriate measures
should be taken to minimize any potential additional nutrient loadings to the CIRL. These
measures include the proper treatment and disposal of wastewater in accordance with BMAP
requirements, implementation of current and future on -site treatment and disposal system
(OSTDS) prohibitions, stormwater controls, and the implementation of adequate sediment
and erosion control practices to mitigate any groundwater or surface water impacts. As
proposed, the project prohibits OSTDS with mandatory sewer connections. Such a
wastewater treatment plan will need implementation and may affect future loading in the
BMAP. Any additional nitrogen and phosphorus loading to the basin will be evaluated and
may require additional restoration actions by the City. The Department would also encourage
the City to continue coordination with the County on the wastewater feasibility plans as
outlined in the Clean Waterways Act (403.067(7)(a)9, F.S.).
CONCLUSION
The Department is providing technical assistance comments consistent with Section
163.3168(3), F.S. The comments will not form the basis of a challenge. They are offered as
suggestions which can strengthen the City's comprehensive plan and provide assurance that
any construction of the development will adequately protect important state resources. If you
should require assistance or additional information, please contact Lindsay Weaver at (850)
717-9037 or Lindsay.Weaverfir.]
Sincerely,
t
Lindsay Weaver, Environmental Specialist II
Office of Intergovernmental Programs
cc: Florida Department of Economic Opportunity
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Lisa Frazier
From: Runion, Morgan <Morgan.Runion@fldoe.org>
Sent: Tuesday, November 15, 2022 10:54 AM
To: Lisa Frazier
Cc: DCPexternalagencycomments@deo.myflorida.com
Subject: Sebastian 22-01 ESR
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Dear Ms. Frazier,
The Office of Educational Facilities within the Florida Department of Education has reviewed the Sebastian 22-01ESR
proposed comprehensive plan amendment in accordance with sections 163.3180 and 163.3184, Florida Statutes. Based
on review of the submitted materials, staff have no comments on the proposed amendment. If you have any questions
or need additional information, please contact me.
Sincerely,
Morgan Runion, AICP
Office of Educational Facilities
Florida Department of Education
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304 of 360
Lisa Frazier
From: Mark Mathes<citymanager@cityoffellsmere.org>
Sent: Tuesday, October 25, 2022 4:26 PM
To: Lisa Frazier
Cc: Paul Carlisle
Subject: RE: City of Sebastian Proposed Comp Plan Amendment Graves Brothers Property Oct
2022
Hi Lisa,
Thanks for sending over. I did not see any companion amendments to the Transportation Element or Water/ Sewer/
Schools, etc. I would think that with such a larger scale amendment (2,000 or so acres at 12 units per acre) that such
companion changes would be proposed. I also did not see a traffic analysis.
The City of Fellsmere is not intending on submitting formal comments, but I wanted to share my concerns in hopes that
you can create the strongest amendment to withstand whatever challenges that may come.
Our main concern is the volume of traffic that may be added to the network, particularly the network components that
Fellsmere's large scale developments will have to install, and whether the new traffic from this Sebastian project will
cause these facilities to fail and thus stop growth in Fellsmere when the Sebastian developer contributed nothing to
these regional facilities.
Anyway, if I missed something in my review, please point me in the right direction.
Thanks —and good luck.
Mark D. Mathes
City Manager
City of Fellsmere
22 S. Orange Street
Fellsmere, FL 32948
Office 772-646-6303
Cell 772-834-3422
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: Lisa Frazier <LFrazier(&CitvofSebastian.ore>
Sent: Wednesday, October 19, 2022 2:11 PM
To: 'pobryan@ircgov.com' <pobrvan@a irceov.com>; Phil Matson <F: son@irceov.com>; 'sfitzgibbons@sjrwmd.com'
<sfitzeibbL s(&sirwmd.com>; 'Stephanie Heidt' <sheidt@tcrpc.ore>; 'john.krane@dot.state.fl.us'
<iohn.krane@dot.state.fl.us>; 'plan.review@dep.state.fl.us' <DIan.review(@dev.state.fl.u: >;
'Compliance Permits@dos.myflorida.com'<ComvliancePermits(cDdos.mvflorida.com>;'CompPlans@fldoe.org'
<ComoPlans@fldoe.org>; 'Jeffries, Jason' <JJeffriesfcDcovb.ore>; Mark Mathes<citvmanaeer(ocitvoffellsmere.org>
Cc: ocarlisle (EDcitvofsebastian.ore; Michelle Faulkner <M Faulkner@ CitvofSebastian.ore.>;'Eubanks, Ray'
<Ray.EubanksPdeo.mvflorida.com>; Jeanette Williams <iilliams@citvofsebastian.org>; Manon(Mcitvofsebastian.ore;
'jbass @gravesbrotherscompany.com'<ibass @eravesbrotherscompanv.com>
Subject: City of Sebastian Proposed Comp Plan Amendment Graves Brothers Property Oct 2022
305 of 360
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
All
Attached please find the City of Sebastian's proposed comprehensive plan amendment packet regarding the Graves
Brothers Annexation for your review. Please submit comments directly to the local government and the State Land
Planning Agency within 30 days after receipt of amendment package (see 163.3184(3)(b)2, Florida Statutes).
Thank you for your time and consideration.
Sincerely,
Lisa Leger Frazier, AICP
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Direct: 772-388-8228
Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most
written communications to or from State and Local Officials and agencies regarding State or Local business are
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response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
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This email has been scanned for spam and viruses by Proofpoint Essentials. Click'- to report this email as
spam.
306 of 360
Lisa Frazier
From:
Chris Balter <cbalter@ircgov.com>
Sent:
Tuesday, October 25, 2022 12:40 PM
To:
Paul Carlisle; Lisa Frazier
Cc:
'DCPexternalagencycomments@deo.myflorida.com'; Phil Matson; Jason Brown; John
Stoll; Andrew Sobczak
Subject:
Comments for Sebastian 22-01 ESR
Attachments:
Annexation Agreement Comments.pdf
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Good Afternoon Paul and Lisa,
Please see the attached comments that were previously supplied on August 315t
Christopher Baiter
Christopher Baiter
Senior Long -Range Planner
Indian River County
180127th Street
Vero Beach, FL 32960-3365
772-226-1243
To see a world in a grain of sand
And a heaven in a wild flower,
Hold infinity in the palm of your hand,
And eternity in an hour.
-William Blake-
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August 31, 2022
Mr. Paul Carlisle
City Manager, City of Sebastian
1225 Main St.
Sebastian, FL 32958
Dear Mr. Carlisle,
County staff appreciates the opportunity to provide our comments and suggestions for items to
be incorporated into the annexation agreement between the City of Sebastian and the Graves
Brothers. The annexation of a large parcel (1,984 acres) such as this presents a great opportunity
to have a positive impactful development for the City and the County alike. We present these
items in the spirit of collaboration and hope that we could discuss the rationale behind them with
City staff as well as any mutually agreeable alternatives should the City not be supportive of
including them.
We would like to reiterate that the County fully respects the City's home rule authority and right to
make planning decisions regarding the future of the City. The suggestions below Fall into two
broad categories. The first category consists of comments that would enable the County to plan
for the provision of various services within the annexed area going forward (e.g. water &
wastewater service, some transportation improvements, fire rescue). The second category is
purely "advisory" in that the County would like to see them to hopefully ensure a model
development of the area for the future. These would be similar to what was asked of City residents
at the annexation workshops held in June.
Sungested Annexation Agreement Items to Enable County Infrastructure Planning and
Service Provision
The overall density on the site will not exceed 3.0 residential units per acre. This would
limit the site to no more than 5,952 residential units, which at an average of 2.5 persons
per household would result in about 14,900 additional residents at buildout. Densities
would vary across the project with higher densities in some areas balanced out by open
space, commercial areas, and lower density residential areas. This limit would ensure
that the overall density is somewhat consistent with existing densities in the City to help
maintain the character of the area.
• Total commercial and industrial development limited to no more than 100 acres.
OFFICE OF THE COUNTYADMINISTRA TOR
INDIAN RIPER COUNTY
1801 2711 Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
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2
Note: The density limits above will limit estimated water consumption to less than 2 million
gallons per day (MGD). If the project were to develop at 10 units per acre (which we don't
believe is the intent), this would result in approximately 5 million gallons per day of water
consumption (not accounting for commercial development). For comparison purposes, the
total consumptive use permit for the County Utility is limited to 12.8 MGD.
• Development within the area will need to provide for connection to pressurized County
reuse, including all residential areas, for irrigation purposes. This will help the County in
managing and preserving the limited water resources available.
• The owner shall provide a 75-acre parcel in an area mutually agreeable to the County and
the owner for the siting of a water and/or wastewater treatment facility. Strategically
located, this may also include reuse water pumping and/or storage facilities.
• The owner shall cooperate with the County to transfer ownership and/or capacity from any
permitted wells on the property to the County Utility for water supply purposes.
• The owner shall provide land for a fire rescue stations) based upon the overall density
level. The current level of service per the most recent impact fee study is 1 fire rescue
station per 10,548 residents. Based upon a 3.0 residential unit per acre density, this would
require provision of 1 fire rescue station site in a mutually agreeable location. This could
perhaps be collocated with the water/wastewater site.
The items listed above will help the County plan for Infrastructure needs and enable the County
to provide reasonable assurance to be able to serve the area as it develops. Additional site -
specific requirements would be determined through the development (e.g. site plan) process as
well.
Sum_oested "Advisory" Annexation Aatreement Items
Below are the suggested 'advisory' annexation agreement items with suggested draft language.
• The site shall be developed through the Planned Unit Development (PUD) process, and
a comprehensive conceptual master plan, for the entire project area, will be approved by
the City Council prior to any development of the project area.
• Mixing of Uses: Guidelines from County New Town Policies
o Commercial, and office areas shall be provided at a ratio of three (3) to ten (10)
acres per 1,000 residential units.
o Residential use areas shall constitute at least fifteen (15) percent but not more
than thirty-five (35) percent of the entire area.
o Employment areas, including industrial, business, and office uses, shall comprise
at least two (2) percent of the entire area.
• At least ten (10) percent of the total housing units shall be affordable and/or workforce
housing units (Family income between 30 and 100 percent AMI to ensure that there is
housing available within the project area for workers employed within the project area.
• Open Space: At least fifty (50) percent of the entire area shall be preserved or provided
as open space. Open space areas shall be retained as natural areas or used for
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agriculture, recreation, stormwater management, or similar uses that complement the rural
nature of the area.
o At least seventy (70) percent of the minimum required common open space area
shall be located along main project boundaries and shall function as perimeter
greenbelts. These required greenbelts shall include and be contiguous with the
South Prong Slough Conservation Area.
o Such common open space shall not include conventional, individual private yard
areas. Common open space areas may include agricultural areas, parks, and
recreation areas, conservation and natural areas, and water bodies (not to exceed
thirty percent of the open space requirement).
• Environmental: All onsite stormwater facilities shall utilize Florida Department of
Environmental Protection Best Management Practices (BMPs) for stormwater pollution
prevention in order to minimize impacts to the Sebastian River and Indian river Lagoon.
The proposed development will provide the City and County with documents
demonstrating compliance with Section 10.2.7 of the St. John's River Water Management
District Applicant's Handbook regarding the potential for secondary impacts to wetlands.
Additionally, should a Section 404 permit be required for development in federally
jurisdictional wetlands, a copy of documents demonstrating compliance with federal
guidance regarding the assessment of indirect effects and impacts in wetlands will be
provided to the City and County.
+ The transition of land use in uplands abutting headwater wetlands can alter groundwater
recharge and surface water runoff regimes. As part of the environmental permitting
process for the project, the developer will provide assurances to the City and County,
through predictive watershed modeling, that hydrologic impacts will not occur to the
County's South Prong Slough Conservation Area. This modeling shall provide data to
establish the extent of required upland buffers, and other site design considerations that
are required to maintain the hydrologic integrity of the South Prong Slough Conservation
Area wetlands, and downstream areas.
• Transect/Form: The development shall, at a minimum, have a perimeter edge and a
center. Along the perimeter edge a green belt as described above shall be established.
The greenbelt shall consist of natural areas, agricultural areas, and/or "no -build" areas
designated on large acreage parcels. A project center shall be established for the
concentration of residential and commercial uses.
• Roadway Grid: The development area will include connections to CR 510, 82nd Avenue,
and 69"' Street as allowed in accordance with Chapter 14-97 of the Florida Administrative
Code. Connections will also include extending the existing Sebastian roadway network
south, including the extension of Laconia Street to CR 510. Additionally, the project design
shall reflect the following:
o A network of ungated and open to the public interconnected streets in a grid or
modified grid pattern.
o An interconnected pedestrian sidewalk path system that serves and integrates
residential and non-residential uses.
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o Appropriately sized blocks and pedestrian improvements that provide a layout that
maximizes residential development in clusters around town centers. Town center
shall include but not be limited to public squares or parks, as well as commercial
and residential uses. Blocks may be defined by streets or major pedestrian paths.
o Wide sidewalks, street trees, seven -foot bike lanes, and on -street parking shall be
provided within the project center, and on all proposed access roads to and from
the center in order to promote alternative travel.
Timing of Land Uses: A sufficient amount of job -producing and non-residential uses shall
be developed in initial project phases to prevent creation of a de -facto residential only or
bedroom community and to ensure development of a job -producing "anchor tenant." No
more than twenty-five (25) percent of the proposed residential use development will be
permitted until at least twenty-five (25) percent of the proposed commercial, office, and
light industrial uses occur.
• Low Impact Development (LID) techniques should be incorporated, such as vegetated
filter strips at the edges of paved surfaces, rain barrels and cisterns, bioswales, residential
or commercial rain gardens designed to capture and soak in stormwater, porous pavers,
porous concrete, and porous asphalt, as well as green roofs.
Again, County staff appreciates the opportunity to provide input into this important process. We
would like to discuss these suggestions with City staff at the appropriate time in an effort not to
delay the process. We offer a spirit of collaboration to discuss alternatives to any suggestions
that the City does not support in the hopes of reaching an annexation agreement that will help to
provide a good result for the residents of the City and the County.
ISincWely,
r t ,
Jas E., rown
Co t ; Administrator
Cc (via email):
City of Sebastian Council Members
Indian River County Commissioners
Phil Matson, IRC Community Development Director
Sean Lieske, IRC Utilities Director
Rich Szpyrka, IRC Public Works Director
Dylan Reingold, IRC County Attonrey
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cm OF
SE
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Agenda Item Title: City Attorney Recruitment Process
Recommendation: Approve hiring Colin Baenziger as outside consultant for the City
Attorney Recruitment Process and authorizing the City Manager to
execute the Service Agreement.
Baekp-round: The City of Sebastian City Attorney has negotiated a contract with
the City of Melbourne to serve as their City Attorney. In lieu of this, on January 25, 2023, City
Council directed the City Attorney to bring a contract for its review with Colin Baenziger. I have
asked Procurement to coordinate with Mr. Baenziger and put together a Professional Service
Contract Agreement for the Recruitment of the City Attorney. IAW Section 2-10 (d) (4); (f), this
is permissible and an exemption to the procurement process which states "Professional and
personal service contracts including but not limited to attorney services, appraisers and expert
witnesses services, which shall be approved by the city council if in excess of
$15,000.00." Since this is in excess of $15,000.00, it will require a majority vote of City Council
for final approval. Also, keep in mind that "City Council may waive or modify the bidding
requirements for good cause". See Section 2-10 (f). As council stated during the meeting, due to
the short timeframe, time is of essence. Thus, this hiring becomes urgent and is for good cause.
If Aszenda Item Requires Expenditure of Funds: $34,500.00
Attachments:
1. Service Contract Agreement
2. Synopsis of methodology (Attachment A)
3. Project Schedule (Attachment B)
4. City Code Section 2-10 (d) (4)
Administrative Services Department
City Attorney Review:
Procurement Division
City Manager Authorization:
Date: 3
, if
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SERVICES CONTRACT
THIS CONTRACT is made this day of February 2023 by and between the City of
Sebastian, Florida, a Florida municipal corporation (hereinafter, the "CITY"), and COLIN
BAENZIGER, a sole proprietor doing business as COLIN BAENZIGER & ASSOCIATES,
hereinafter the "CONTRACTOR" OR ICB & A".
WITNESSETH: For and in consideration of the payments and agreements mentioned
hereinafter:
1. The CONTRACTOR will provide EXECUTIVE SEARCH SERVICES FOR THE
SELECTION OF THE CITY ATTORNEY in accordance with the Contract Documents.
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and
other services necessary for the completion of the services described in the Contract
Documents. Time is of the essence in the performance of this Contract.
3. The CONTRACTOR will commence work as required by the CONTRACT
DOCUMENTS within 10 calendar days after the receipt of the written Notice to Proceed
and will complete the same in 120 days unless an extension is granted by City
4. SCOPE OF SERVICES: The services to be performed are specified in the Attachment.
These services are briefly summarized below but the proposal will be the governing
document.
a. Assist the City to develop a strategy and process for carrying out the recruitment
of a City Attorney, including outreach to the community and to a diverse pool of
potential applicants.
b. Identify potential contacts and conduct personal outreach recruiting to include
posting the position through national channels. Preparing and placing
advertisements for the position in appropriate publications.
C. Review resumes for background and qualifications followed by telephone and/or
video interviews to clarify each applicant's experience and to prepare a written
summary of candidates with the most promising qualifications for the position.
d. Evaluate candidates for serious consideration by verifying selected candidates'
educational background, and conducting in depth reference checks (with
individuals who are or have been in a position to evaluate the candidate's
performance on the job), criminal, financial, media and civil litigation check. The
goal will be to ascertain the candidate's strength in personal dimensions identified
by the job description as well as the contractor's interviews with stakeholders.
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e. In the event politically sensitive or potentially embarrassing issues arise from the
candidates' background, conduct in-depth interviews with the principal parties to
clarify and to provide adequate background and explanation of the event to the
City.
f. Finalize and participate in a process with the City for interviews and coordinate
candidates' participation in interviews.
g. Debrief with the City following interviews and identify additional candidates if
necessary.
i. Notify rejected applicants.
The Scope of Services set forth in Contractor's Proposal is attached as Attachment A and
made a part of Contract Documents and is incorporated as if fully set forth herein.
5. The Contractor agrees to perform all of the work described in the contractor's documents for
the following prices:
Project / Contract Phase Fee
Phase I: Needs Analysis / Information Gathering_ $4,000
Phase II: Recruiting of City Attorney $14,000
Phase III: Full Background Checks (Screening) $14,000
Phase IV: Interview Process Coordination / Selection $1,500
Phase V: Negotiation and Continuing Assistance $1,000
Total — Firm, Fixed Fee * $34,500
The fee for each phase is inclusive of all the Contractor's expenses and costs.
Invoices shall be rendered for each phase after completion of the phase and payment shall
be made by the City to the Contractor within 14 days of receipt of the invoice.
*Additional services outside Phase I - V will be charged at $150 per hour. No such
services are anticipated and none will be performed without prior approval from the City.
6. WARRANTY: Provided the Contractor conducts the full search (Phases I - V — see the
preceding contract section) and the City selects from among the candidates recommended
by the Contractor, the Contractor will warrant the following:
a. The Contractor will not approach the selected candidate concerning any other
position as long as the individual is employed by the City
b. If the selected individual leaves for any reason other than an act of God (for example,
total incapacitation or death) within the first year, Contractor will repeat the search
for the reimbursement of expenses only.
c. If City is not satisfied with any of the candidates Contractor presents, Contractor will
repeat the search until the City is satisfied, at no additional charge.
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d. The price is guaranteed and will not be exceeded for any reasons, even if conditions
change after the contract is executed.
7. This Contract may be terminated by the City for its convenience upon thirty (30) days
prior written notice to the Contractor. In the event of termination, the Contractor shall be
paid as compensation in full for work performed to the day of such termination, an
amount prorated in accordance with the work substantially performed under this Contract
as determined by the City. Such amount shall be paid by the City after inspection of the
work to determine the extent of performance under this Contract, whether completed or
in progress.
8. The Term "Contract Documents" shall include this Contract, the synopsis of our
methodology (included as Attachment A) and the Project Schedule (included as
Attachment B). In the event of conflict between any provision of any other document
referenced herein as part of the contract and this Contract, the terms of this Contract shall
control.
9. Assienment: This Contract may not be assigned except with the written consent of the
City, and if so assigned, shall extend and be binding upon the successors and assigns of
the Contractor.
10. Disclosure: The Contractor warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the Contractor to solicit or
secure this Contract and that it has not paid or agreed to pay any person, company,
corporation, individual or Contractor, other than a bona fide employee working solely for
the Contractor, any fee, commission, percentage, gift, or other compensation contingent
upon or resulting from the award or making of the Contract.
11. Administration of Contract: City of Sebastian City Manager, Paul Carlisle, shall
administer this Contract for the City.
12. Governine Law. Venue and Attornev's Fees: The validity, construction and effect of
this Contract shall be governed by the laws of the State of Florida. Venue for any
disputes arising under this Contract shall be exclusively in the State Courts in and for
Indian River County, Florida. In the event of any litigation arising out of this Contract,
the prevailing party shall be entitled to recover from the non -prevailing party reasonable
costs and attorney's fees.
13. Amendments: No Amendments or variation of the terms or conditions of this Contract
shall be valid unless in writing and signed by the parties and approved by the City's
governing body.
14. Pavments: City shall make payment within ten (10) days of the City's receipt of an
invoice from the Contractor unless, within that time period the City notifies Contractor in
writing of its objection to the amount of such invoice, together with City's determination
of the proper amount of such invoice. The Parties shall resolve or undertake to resolve
any disputed portion of such invoice within thirty (30) days after said date of notification
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by the City. If after thirty (30) days from the date of notification by the City there is no
resolution between the parties, the City's determination shall be final.
15. Contractor's Reuresentations: In order to induce City to enter into the Contract, the
Contractor represents that it has demonstrated knowledge and experiences in performing
executive searches for key personnel for local governments.
16. Indemnity: To the extent permitted by law, the Contractor shall indemnify and hold
harmless the City, its officers, elected and appointed officials, employees and agents,
from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the Contractor and any persons employed or utilized by
Contractor in the performance of this Contract. Nothing in this agreement shall be
construed as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida
Statutes, or any other sovereign or governmental immunity.
17. Invalid Provision: The invalidity or unenforceability of any particular provision of this
Contract shall not affect the other provisions hereof, and the Contract shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
18. Prolect Records: The Contractor shall maintain auditable records concerning the
procurement adequate to account for all receipts and expenditures, and to document
compliance with the specifications. These records shall be kept in accordance with
generally accepted accounting principles, and the City reserves the right to determine the
record -keeping method in the event of non -conformity. These records shall be
maintained for a minimum of five (5) years after final payment has been made, and shall
be readily available to City personnel with reasonable notice, and to other persons in
accordance with the applicable state statutes. This provision shall survive the
termination, expiration and/or cancellation of this Contract.
19. Comnliance with Annlicable Laws Includinia But Not Limited To Public Records Laws.
a. The Contractor agrees to comply with all federal, state, and local laws or
ordinances applicable to all of the provisions of this Contract and specifically
acknowledges the applicability of the Public Records provisions of Florida law found in
Chapter 119, Florida Statutes and as more specifically set forth in this Paragraph below.
The Contractor represents and warrants unto the City that no elected official, officer,
employee, or agent of the City has any interest, either directly or indirectly, in the
business of the Contractor to be conducted hereunder. The Contractor further represents
and warrants to the City that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor, to solicit or secure
this Contract, and that it has not paid, or agreed to pay, or given or offered any fee,
commission, percentage, gift, loan, or anything of value to any person, company,
corporation, individual, or firm, other than bona fide Personnel working solely for the
Contractor, in consideration for or contingent upon, or resulting from the award or
making of this Contract. Further, the Contractor also acknowledges that it has not
agreed, as an expressed or implied condition for obtaining this Contract, to employ or
retain the services of any person, company, individual or firm in connection with carrying
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out this Contract. It is absolutely understood and agreed by the Contractor that, for the
breach or violation of this Paragraph, the City shall have the right to terminate this
Contract without liability and at its sole discretion, and to deduct from any amounts
owed, or to otherwise recover, the full amount of any value paid by the Contractor. The
Contractor shall also require, by contract, that all subcontractors shall comply with the
provisions of this Paragraph.
b. Public Records. Contractor agrees to:
1. Keep and maintain public records required by the public agency to
perform the service.
2. Upon request from the public agency's custodian of public records,
provide the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119 of the Florida Statutes or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of this Contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency
all public records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public
records, in a format that is compatible with the information technology systems of the
public agency.
If the Contractor does not comply with a public records request, City shall enforce the
contract provisions which may include immediate termination of this Contract.
19. Insurance: Unless otherwise specified, Contractor shall, at its own expense, carry and
maintain the following minimum insurance coverage, as well as any insurance coverage
required by law:
a. These insurance requirements shall not limit the liability of the Contractor. The
City does not represent these types or amounts of insurance to be sufficient or adequate to
protect the Contractor's interests or liabilities, but are merely minimums.
b. Except for professional liability, the Contractor's insurance policies shall be
endorsed to name the City as an additional insured to the extent of the City's interests
arising from this Contract.
C. The Contractor waives its rights of recovery against the City, to the extent
permitted by its insurance policies. The Contractor's deductibles/self-insured retention
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shall be disclosed and may be disapproved by the City. They shall be reduced or
eliminated at the option of the City. The Contractor is responsible for the amount of any
deductible or self -insured retention.
d. The City recognizes that under Florida law the Contractor is not required to carry
Workers' Compensation Insurance since it has less than three employees.
e. Broad Form Commercial General Liability Insurance (on an occurrence basis),
with a minimum combined single limit for Bodily Injury, including Death of $1,000,000
per occurrence and for Property Damage of at least $1,000,000 per occurrence.
f. Business Auto Liability Insurance with minimum Bodily Injury and Death Limit
per accident of $1,000,000 and a minimum Property Damage Limit per accident of
$1,000,000.
g. Within ten days of commencing any Work under this Contract, Contractor shall
submit to City a certificate or certificates of insurance evidencing that such benefits have
been provided, and that such insurance is being carried and maintained. Such certificates
shall stipulate that the insurance will not be cancelled or materially changed without
thirty (30) days prior written notice by certified mail to City, and shall also specify the
date such benefits and insurance expire. Contractor agrees that such benefits shall be
provided and such insurance carried and maintained until the Work has been completed
and accepted by City.
h. Such benefits and such coverage as are required herein, or in any other document
to be considered a part hereof, shall not be deemed to limit Contractor's liability under
this Contract.
20. Unauthorized Aliens: The employment of unauthorized aliens by any Contractor is
considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the
Contractor knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Contract. This applies to any sub -contractors used by the
Contractor as well.
21. Entire Amement: This Contract and Contract Documents constitute the entire and
exclusive agreement between the parties and supersedes any and all prior
communications, discussions, negotiations, understandings, or agreements,
whether written or verbal.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed, by their
duly authorized officials this Contract in two 2 counterparts which shall be deemed an original
on the date last signed as below written:
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FOR THE CITY OF SEBASTIAN, FL
Signature:
Paul E. Carlisle
Title: City Manager
Date:
CONTRACTOR: COLIN BAENZIGER & ASSOCIATES
Signature:
Typed Name: Colin Baenziger
Title: Owner and Principal
Colin Baenziger & Associates
Date:
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Attachment A
Section 1: Work Plan for Citv Attornev Search
The following outlines the process Colin Baenziger & Associates will undertake to find
Sebastian's next City Attorney.
Phase P Needs Assessment /Information Gatherin,z
➢ Conduct discussions (in person or by telephone) with the elected and other key officials
to:
➢ Develop a description of the ideal candidate,
➢ Learn the issues the next City Attorney will face,
➢ Gather materials and information to share with potential candidates,
➢ Understand what compensation package the City is prepared to offer, and
➢ Develop and finalize a project schedule.
➢ Develop materials we can utilize to recruit candidates.
Phase IP Candidate Recruitment
➢ Actively search for, identify, and recruit outstanding candidates whom we feel are best
suited for the position.
➢ Distribute the recruiting materials to appropriate publications and websites, including our
own.
➢ Consult our database of strong candidates, contact them and encourage them to apply.
➢ E-mail the advertisement to our listsery of local government attorneys.
Phase III: Candidate Review and Selection of Finalists
➢ Resumes will be screened, and we will narrow the list to the approximately six to eight
semi-finalists who we believe are most qualified.
➢ We will conduct thorough reference and background investigations on the selected semi-
finalists. It should be noted that, when we conduct our investigations, we do not simply
accept the references the candidates suggest. We tell the candidates whom we want to
speak with. These might include elected officials, representatives of the local press,
community leaders, peers, and subordinate employees. Our goal is to get comments from
six to ten references. We also conduct criminal, civil, driver license, media (traditional
and social), and credit checks, and we verify employment history and education. We
believe these should be done early in the process to avoid embarrassment after a selection
has been made.
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Attachment A (continued)
Phase HP Candidate Review and Selection of Finalists (continued)
➢ We will verify that the candidates are licensed or can readily obtain a license to practice
law in Florida.
➢ We will recommend three to seven top candidates to the City. We will review these
candidates with the Council. Along with our recommendation, we will provide the
results of our background work electronically.
➢ We will coordinate the process the Council uses to select the candidates it desires to
interview.
Phase IV.- Interviews and Selection
➢ We will coordinate the interview process and attend the actual interviews.
➢ We will suggest a series of interview questions to assist the Council in evaluating the
finalists.
➢ Once the interviews are completed, we will provide any additional information the City
may wish and assist in any way the City desires in making the final determination.
Phase V: Emplovment Negotiation
➢ If requested, we will provide assistance in the negotiation of a contract with the selected
candidate.
Timeframe
➢ The above described process takes approximately 90 days. A proposed project schedule
follows.
Section Il: Principal Staff to Be Assigned to the Recruiting Effort
➢ Colin Baenziger, Principal and Owner,
➢ Lynelle Klein, Senior Vice President for Operations, and
➢ Steve Sorrell, Senior Vice President,
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Possible Project Schedule - Sebastian City Attorney Search
DRAFT
Phase L Needs Assessment / Inform ation Gathering
As of 11411202J
February 16, 2023 C B&A begins meeting with the City Ufticials and other suggested stake
holders to understand the job and its challenges.
C B&A submits the draft of the full recruitment profile to the catty for its
February 23, 2023 review.
February 28, 2023 City provides comments on the proposed recruitment profile.
Phase H. Recruiting
March 2, 2023 CB&A posts the full recruitment profile on its website and begins
recruiting.
March 31, 2023 Deadline for Submissions.
April 5, 2023 CB&A reports on the results of the recruitment.
Phase III. Screening, Reference Checks and Credential Verification
April 28, 2023 CB&A forwards its candidate reports and materials to the City
electronically.
May 3, 2023 City selects finalists to interview.
Phase IV. Interview Process Coordination and City Attorney Selection
May 12, 2023 City interviews finalists and makes its selection
Phase V. Negotiation, Warranty & Continuing Assistance
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Sec. 2-10. Procurement of goods and services.
(a) Applicability. Except as specifically set forth herein, all procurements for goods and services for the city shall
fall under the ultimate responsibility of the charter officer utilizing the goods or services (hereinafter called
the "purchasing officer"), and shall be effected in accordance with this section.
(b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless
otherwise exempt under this section is subject to competitive bid procedures as follows:
(1) Up to $2500,00—Purchasing officer or their designee may authorize purchase.
(2) $2500.01 to $5,000.00—Two or more verbal quotes where practical; purchasing officer or designee
may authorize purchase.
(3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may authorize
purchase.
(4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required.
(5) Over $25,000.00—Formal sealed bids and city council authorization required.
(c) Exceptions to thresholds.
(1) Joint bid: The purchasing officer shall have the authority to cooperate with other local governments or
other public entities in the development and use of mutually cooperative procurement contracts or
master agreements. Such contracts shall require council approval.
(2) Piggyback: The purchasing officer shall have the authority to utilize contracts or master agreements of
state, federal or other local governments or other public entities to procure goods and services, if the
contract or agreement has been awarded through procedures substantially equivalent to the
requirements of this section. The purchasing officer shall have the authority to procure goods and
services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the
city is at sale price for that commodity equal to or lower than the'existing piggyback price for the same
or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council
approval.
(3) sale source. A contract may be awarded for goods or services without competitive bids when the
purchasing officer determines in writing that there is only one practical source for the required item.
Approval shall be in accordance with the dollar threshold established by this section.
(4) Emergency purchase. Where the purchasing officer finds it to be in the best interest of the city, they
may declare the existence of an emergency procurement condition and suspend any or all provisions of
this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of
emergency covering the city has been declared the limit shall be raised to $50,000.00, All emergency
purchases over $15,000.00 shall be reported to council as soon as practical. As used in this section, the
term "emergency" means a sudden unexpected turn of events that causes:
a. An immediate danger to the public health or safety;
b. An immediate danger of loss of public or private property;
C. An interruption in the delivery of an essential governmental service; or
d. An interruption in the normal function and operation of any city department that would result in
a work stoppage or other substantial monetary loss.
(5upp. No. 68)
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(5) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total
contract price. Changes in excess of 15 percent of the total contract price or any change in excess of
$15,000.00 must have the prior approval of the city council.
(6) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance
with its terms. Authorization for approval shall be in accordance with the dollar threshold established
by this section.
(d) Exemptions to applicability. This section shall not apply to:
(1) Purchases between the council and nonprofit organizations, other governments, or other public
entities, and intragovernmental services.
(2) Purchases of advertising, works of art for public display, medically related professional services,
employee benefit related purchases, water, utility services, postage, shows/displays/cultural events
sponsored by the city.
(3) Purchase of real property.
(4) Professional and personal service contracts including but not limited to attorney services, appraisers
and expert witnesses services, which shall be approved by the city council if in excess of $15,000.00.
(5) Procurement of goods and services when the same is governed by a mandatory procedure established
by statute.
(6) Franchise, sponsorship orjoint enterprise agreements.
(7) Any situation where compliance with this code will place the city in conflict with mandatory provisions
of state law, federal law or the terms of any grant.
(e) Prohibitions. No contract or purchase shall;
(1) Be purposely subdivided to circumvent any requirements of this section.
(2) Be made in excess of the amounts allocated from the general fund for the general classification of
expenditures in the budget for the then current budget year, nor shall any expense of a special fund
exceed the amount of money available to that fund.
(f) Waiver. City council may waive or modify the bidding requirements for good cause.
(Ord. No. 0-06-01, § 1, 2-22-06)
(supp. No. 68)
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CITY OF
SEBASTLA
HOME OF PELICAN I LAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Agenda Item Title: Procedures to review Charter Officers' Employment Contract
Background: At the January 25, 2023 City Council Meeting, staff was directed to put an
Item on the Agenda in order to review the process and procedures for
reviewing Charter Officer Employment Contracts.
Attachments: 1. Charter Officer Employment Contracts
2. R-21-04 Charter Officer Contract Review Process
Administrative Services Departm nt view:
City Attorney Review:
Procurement Division ReviA, !f
City Manager Authorization:
Date: �/1 �
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in
SEBAST
14 EMPLOYMENT AGREEMENT
HOME OF PELICAN ISLAND Paul E. Carlisle, Jr., City Manager
THIS AGREEMENT made and entered into the 11th day of April 2018, by and
between the City of Sebastian, Florida, a Florida Municipal Corporation (hereinafter referred
to as "City") and Paul E. Carlisle, Jr. (hereinafter, referred to as "City Manager") pursuant to
the foIIowing terms and conditions:
WHEREAS, the City Council desires to retain Mr. Carlisle as City Manager of the City
of Sebastian; and
WHEREAS, the City expects City Manager to perform all the responsibilities and
obligations required of the City of Sebastian pursuant to the City Charter, Codes and
Ordinances, and applicable State and Federal regulations; and
WHEREAS, the City Council desires to provide specific terms of employment for the
position of City Manager; and
WHEREAS, Mr. Carlisle is desirous of entering into an employment relationship with
the City of Sebastian to perform the services required of City Manager, -
NOW THEREFORE in consideration of the mutual covenants contained herein, the
City of Sebastian and Mr. Carlisle, hereby agree as follows:
1.
APPOINTMENT
1. The City Council hereby appoints Mr. Carlisle as die City Manager of the City
of Sebastian. Mr. Carlisle shall begin working at 8:00 a.m., May 1, 2018, working with the
outgoing City Manager for purposes of transition. When the City Council meeting on May 9,
2018, is officially adjourned, all powers, duties, and responsibilities as prescribed and
permitted by the laws of the State of Florida, the City Charter, Ordinances and other Codes of
the City of Sebastian shall be conferred upon Mr. Carlisle as City Manager. City Manager will
have the flexibility to assist Glades County in its transition to a new County Manager as
needed, including being away from Sebastian City Hall no more than one day per week
during the First month of his employment with the City.
IL
TERM OF EMPLOYMENT
2. This Agreement shall become effective upon execution by both parties and
receipt of documentation that the City Manager has been released from his contract by Glades
County; and it shall continue in effect until terminated pursuant to the terms of Section VII.
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EMPLOYMENT AGREEMENT
Paul E. CarlisIe, Jr., City Manager
Page 2of5
III.
COMPENSATION AND BENEFITS
3. The City will pay City Manager an annualized base salary of $135,000, payable
in equal bi-weekly payments; paid in the same intervals as that of other employees of the City.
The City shall increase City Manager's salary at the same interval and by the same percentage
as other managerial employees; but may increase the salary and benefits by a greater amount
in the discretion of the majority of the City Council.
4. The City hereby agrees to provide and fully pay for the City Manager and his
dependents, health insurance, vision care insurance, and dental insurance offered and
available to any other employee of the City; such benefits being subject to change if said
benefits are changed for other City employees.
5. The City shall provide and fully pay for a term life insurance policy for the City
Manager, in an amount equal to one year's salary, payable to a beneficiary of City Manager's
choosing.
6. The City agrees to contribute to its 401a retirement plan and amount equal to
nine (9%) of City Manager's base salary, or a greater amount should the City ever increase the
retirement benefit for managerial employees of the City, and that such contribution shall be
made pursuant to the terms and conditions of the 401a retirement plan currently in effect,
including any vesting schedule and any matching contribution requirements.
7. City Manager shall be vested with ten (10) vacation days upon execution of this
Agreement and, thereafter, shall accrue vacation benefits at the same rate as provided to
managerial employees of the City. Upon voluntary separation from employment with the
City, City Manager shall be entitled to compensation as non -pensionable salary for vacation
time accrued in accordance with City policy applying to managerial employees at the time of
such separation. City Manager shall take, at least, five (5) consecutive days of vacation time
off each calendar year.
8. City Manager shall accrue sick leave at the same rate provided to managerial
employees of the City. Upon voluntary separation from employment with the City, City
Manager shall be entitled to compensation as non -pensionable salary for sick time accrued in
accordance with City policy applying to managerial employees at the time of such separation.
9. City Manager shall be provided disability benefits to the same degree as
provided other managerial employees of the City.
10. The City shall provide for the payment of dues, subscriptions, and educational
seminars which enhance City Manager's professional development and service as the City
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EMPLOYMENT AGREEMENT
Paul E. Carlisle, Jr., City Manager
Page 3 of 5
Manager, to the extent provided for in the City's budget.
11. The City shall reimburse City Manager for any expenses directly related to the
performance of his duties as City Manager to the extent provide for in the City's budget.
12. In addition to accrued vacation time, City Manager shall be entitled to
discretionary time consistent with the employment policies of the City as established and
modified from time to time.
13. City Manager shall be entitled to the use of a City vehicle for business use and
personal use within twenty-five (25) miles of the City of Sebastian.
14. City Manager shall be entitled to other benefits as from time to time may be
afforded other employees of the City of Sebastian, or as granted by the City Council.
IV.
REVIEW AND EVALUATION
15. A performance evaluation will be performed in accordance with Res. R-10-05.
V.
RESIDENCY
16. On or before November 1, 2018, City Manager shall establish his primary and
regular residence within the boundaries of the City of Sebastian, and such residency shall be
maintained during the term of this Agreement. City Manager will use every effort to expedite
his relocation to the City of Sebastian.
VI.
FULL-TIME EMPLOYMENT
17. The City Manager agrees to remain in the exclusive employ of the City and to
not become employed by any other employer unless termination is affected as hereinafter
provided. The term "employed" shall not be construed to include occasional teaching,
writing or consulting performed on the City Manager's time off, provided that the City
Council is advised in writing of all such occasions, in advance.
VII.
TERMINATION
18. City Manager shall serve at the pleasure of the City Council, and the City
Council may terminate this Agreement and the City Managers employment with the City at
any time, for any lawful reason or for no reason.
19. Should City Manager be terminated without cause, he shall be entitled to
twenty (20) weeks base salary, plus pay -out of any accrued sick or vacation time to which he
is entitled pursuant to City policy.
20. City Manager may also be terminated for cause, pursuant to the provisions of
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EMPLOYMENT AGREEMENT
Paul E. Carlisle, Jr., City Manager
Page 4of5
Section 3.03 of the City's Charter, and other applicable law, in which case City Manager shall
not be paid any severance payment, but shall be entitled to compensation for hours worked
through his separation, as well as sick or vacation accruals as provided by City policy.
VIII.
INDEMNIFICATION
21. As set forth in State law and City ordinance, the City shall defend, hold
harmless and indemnify City Manager against any tort, professional liability claim or demand
or other legal action, whether groundless or otherwise, arising out of an alleged act or
omission by City Manager acting within the course and scope of his duties as City Manager.
IX.
GOVERNING LAW
22. This 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. The parties
hereto expressly waive trial by jury as to any and all issues related to this Agreement and the
employment of City Manager.
X.
MODIFICATIONS
23. No provision of this Agreement may be changed or modified except by written
agreement executed by both parties hereto.
XI.
ENTIRE AGREEMENT
24. This 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.
MI.
NOTICES
25. All notices, consents, requests, instructions, approvals, and other
communications provided for herein shall be validly given, made or served if in writing and
delivered personally or sent by registered mail, postage prepaid, return receipt requested, to
the hereinafter designated address (or at such other address which shall be specified by like
notice):
To the Emolover:
City of Sebastian
Attn: Mayor
1225 Main Street
Sebastian, Florida 32958
To the Emplovee:
Paul E. Carlisle, Jr.
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
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EMPLOYMENT AGREEMENT
Paul F. Carlisle, Jr., City Manager
Page 5 of 5
IVllr is copy !n:
City Clerk
City of Sebastian
1225- Nlain Street
Sebastian, Florida 32938
Additionally or in the allem aline:
Paul E. Carlisle, Jr.
[at home address]
Xlll.
HEADINGS
26. The headings in this Agreement are for purposes of reference only and shall not
limit or otherwise affect the meaning hereof.
XIV.
ENFORCEMENT
27, 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
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 it asserts specific
contentions concerning the Agreement which are filed upon by the Court.
IN WITNESS WHEREOF, the City of Sebastian has caused the Agreement to be
executed by its Mayor and duly attested by its City Clerk, and Paul E. Carlisle, Jr., has
executed this Agreement, as of the day and year first above written.
The City of Se tian
A Florida Mu cl al Corporation
1.ViffEM-1
jan6ette
�m. WC�cilliams, MMC
elerk
14X11
uI E. Carlisle, Jr,
City Manager
Approved as to form and legality for
reliance by the City of Sebastian:
Ja s D. Stakes, BCS
City Attorney
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kill 0
SERASvT.."
�. EMPLOYMENT AGREEMENT— FIRST ADDENDUM
HOME OF PELICAN ISLAND Paul E. Carlisle, Jr., City Manager
'Phis ADDENDFUM is entered into the 28th day of November , 2018, by and
between the City of Sebastian, Florida, a Florida Municipal Corporation (hereinafter referred
to as "City") and Paul E. Carlisle, Jr. (hereinafter, referred to as "City Manager"), amending
the following hvo provisions of the original Agreement entered April 11, 2018:
1. Article III, Compensation and Benefits, paragraph 13, shall be amended to the
following:
City Manager shall be entitled to the use of a City vehicle for business use and
personal use within the State of Florida. Vehicle may be taken out-of-state only for
business purposes and only with prior approval of the City Council.
2. Article V, Residency, paragraph 16, shall be amended to the following:
City Manager shall maintain a residence within six months (6) upon execution of this
amendment within the the boundaries of the City of Sebastian, alld such residency
shall be maintained during the term of this Agreement.
3. All other terms and conditions of the original Agreement remain unchanged.
IN WITNESS WHEREOF, the City of Sebastian has caused the Agreement to be
executed by its Mayor and duly attested by its City Clerk, and Paul E. Carlisle, Jr., has
executed this Agreement, as of the day and year first above written.
The City of Se astian
A Florida *n/5ipal Corporation
NIA,or
A"ITFST:
ianette Williams, MMC
it), Clerk
4E.isle,Jr,
City Manager
Approved as to form and legality for
reliance by the City of Sebastian:
Jg es D. Stokes, BCS
City Attorney
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SIE.
tin ci
+I -
HOME OF PELICAN ISLAND
AGREEMENT FOR CITY ATTORNEY
THIS AGREEMENT made and entered into this 12th day of FdxuarY, 2020 by and
between the City of Sebastian, a Florida Municipal Corporation (hereinafter
referred to as "City") and Manny Anon, Jr. (hereinafter referred to as "City
Attorney') pursuant to the following terms and conditions.
WHEREAS, the City desires to retain City Attorney as a full-time contractual City
Attorney for the City of Sebastian; and
WHEREAS, the City expects City Attorney 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, A66n 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 City Attorney, hereby agree as follows:
I. APPOINTMENT
The City hereby appoints Manny Anion, Jr. as the City Attorney of the City of
Sebastian effective Fdxuary 12, 2020
II. TERM OF AGREEMENT
This Agreement shall become effective upon execution by both parties. The term
of this Agreement shall continue in effect until terminated pursuant to the terms
of Section V11. However, within the first six (6) months of City Attorney's
employment with the City of Sebastian, the City shall be required to present any
notice to terminate without cause by the majority vote of the City Council with
thirty (30) days written notice. Thereafter, the City may terminate without cause
by the majority vote of the City Council. In the event City Attorney wishes to
terminate the agreement, sixty (60) days written notice is required. 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.
City Attorney Agreement 2020 1
332 of 360
11.01 After an affirmative vote of the majority of the City Council to approve this
Agreement then when the City Council meeting on February 12, 2020, is officially
adjourned, all powers, duties, and responsibilities as prescribed and permitted by
the laws of the State of Florida, the City Charter, Ordinances and other Codes of
the City of Sebastian shall be conferred upon Mr. Anon as City Attorney."
111. DUTIES OF THE CITY ATTORNEY
It is understood that Manny Ari6n, Jr. 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 at 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 but are not
limited to:
1. Attendance at all 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 and City staff.
5. Conducting regular office hours at City Hall for the purpose of advising
the City Clerk, City Manager 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 limited secretarial administrative support for
this function. That includes scheduling meetings, review of draft
memorandums, and minor paralegal work.
6. An6n shall be responsible for the drafting and execution of resolutions,
ordinances, agreements, contracts and other legal documents as
required by the City Council, the City Clerk and City Manager.
7. Serving as a member of the City Investment Committee, which has
oversight for the investment of City Funds.
8. Administrating the City's general liability claims.
9. Other matters that are deemed mutually agreeable between the parties
City Attorney Agreement 2020 Z
333 of 360
that are not provided above.
IV. COMPENSATION AND BENEFITS
1. The City will compensate City Attorney at a rate of One hundred twenty
thousand dollars ($120,000.00) per year paid in twenty-six (26) equal
payments. The City shall increase the City Attorney's salary at the same
interval and by the same percentage as other managerial employees but
may increase the salary and benefits by a greater amount in the discretion
of a majority of the City Council.
2. The City hereby agrees to provide and fully pay for City Attomey and his
dependents, health insurance, vision care insurance, and dental insurance
offered and available to any other full time exempt employees of the City;
such benefits being subject to change if said benefits are changed for
other City employees.
3. The City shall provide and fully pay for a term life insurance policy for the
City Attorney in an amount equal to one year's salary, payable to a
beneficiary of the City Attorney's choosing.
4. The City agrees to contribute to its 401 a retirement plan an amount equal
to nine (9%) of the City Attorney's base salary, or a greater amount should
the City ever increase the retirement benefit for managerial employees of
the City, and that such contribution shall be made pursuant to the terms
and conditions of the 401 a retirement plan currently in effect, including any
vesting schedule and any matching contribution requirements.
5. The City Attorney, shall accrue vacation benefits at the same rate as
provided to managerial employees of the City. Upon voluntary separation
from employment with the City, the City Attorney shall be entitled to
compensation as non -pensionable salary for vacation time accrued in
accordance with City policy applying to managerial employees of the City
at the time of such separation. City Attorney shall take, at least, five (5)
consecutive days of vacation time off each calendar year.
6. The City Attorney shall accrue sick leave at the same rate provided to
managerial employees of the City. Upon voluntary separation from
employment with the City, City Attorney shall be entitled to compensation
as non -pensionable salary for sick time accrued in accordance with City
policy applying to managerial employees at the time of such separation.
7. City Attorney shall be provided disability benefits to the same degree as
provided other managerial employees of the City.
City Attorney Agreement 2020 3
334 of 360
8. The City shall provide payment of dues, subscriptions and educational
seminars which enhance the Attorneys professional development and
service as the City Attorney, to the extent provided for in the City's budget.
9, The City shall reimburse the City Attorney for any expenses directly
related to the performance of his duties as City Attorney to the extent
provided for in the City's budget.
10. City Attorney shall be entitled to the use of a designated city vehicle for
official and necessary City business use. This shall not be used for
transportation to and from the residence or be taken out of State. .
11. City Attorney shall be entitled to other benefits, including Military Leave of
Absence in accordance with City Policy and Chapter 115, Florida Statute,
and as from time to time may be afforded other employees of the City of
Sebastian, or as granted by the City Council.
V. REVIEW AND EVALUATION
A performance evaluation will be performed in accordance with Res. R-10-05.
VI. FULL-TIME EMPLOYMENT
The City Attorney agrees to remain
become employed by any other
hereinafter provided. The term "i
occasional teaching, writing, or cc
provided that the City Council is
advance.
in the exclusive employ of the City and to not
;mployer unless termination is affected as
mployed" shall not be construed to include
nsulting performed City Attorney's time off,
advised in writing of all such occasions, in
Vli. TERMINATION
1. City Attorney shall serve at the pleasure of the City Council, and the City
Council may terminate this Agreement and the City Attorney's
employment with the City at any time, for any lawful reason or for no
reason.
2. After six (6) months, should City Attorney be terminated without cause, he
shall be entitled twenty weeks (20) weeks base salary excluding all
insurance policies and other benefits. There will be no accrual of vacation
time, sick leave or holiday pay during this time. The City Attorney will be
paid for any accrued sick or vacation time to which he is entitled to
pursuant to City Policy effective the day of termination.
3. City Attorney may also be terminate for cause, pursuant to the provisions
of Section 3.03 of the City Charter, and other applicable law, in which case
City Attorney shall not be paid any severance payment, but shall be
City Attomey Agreement 2020 4
335 of 360
entitled to compensation for hours worked through his separation, as well
as sick or vacation accruals as provided by City Policy.
VI II. INDEMNIFICATION
Subject to any limitation imposed by Florida law, the City shall defend, save
harmless and indemnify City Attorney against any tort, professional liability
claim/demand, or other legal action, whether groundless or otherwise, arising out
of an alleged act or omission City Attorney acting within the course and scope of
his duties as City Attorney.
IX. 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.
X. MODIFICATIONS
No provision of this Agreement may be changed or modified except by written
agreement executed by both parties hereto.
XI. 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.
XII. NOTICES
All notices, consents, requests, instruction, approvals and other communications
provided for herein shall be validly given, made or served in writing and delivered
personally or sent by registered or certified mail, postage prepaid, return receipt
requested, to the hereinafter designated address:
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: Manny Anion Jr., Esq.
City Attorney Agreement 2020 5
336 of 360
XIII. 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 it 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 Cleric and Manny Anion, Jr.,
City Attorney has executed this Agreement, as of the day and year first above
written.
CITY OF SEBASTIAN,
A Florida municipal corporation
Ed Dodd
Mayor
ATTEST:
A 0-0}fe Lk),r.Ajm&
iit
nette Williams, MMC
y Cleric
City Attorney Agreement 2020
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Lin cc
SEBASTL"
HOME OF PELICAN ISLAND
EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into this 1 .3 day of April, 2016, by and between the City of
Sebastian, Florida, a Municipal Corporation (hereinafter referred to as "City") and Jeanette Williams
(hereinafter referred to as "Ms. Williams") pursuant to the following terms and conditions:
WHEREAS, the City desires to retain Ms. Williams as City Clerk of the City of Sebastian; and
WHEREAS, the City expects Ms. Williams to perform all of the responsibilities and obligations
required of the City Clerk of the City of Sebastian pursuant to the City Charter, Codes and Ordinances,
and applicable State and Federal regulations; and
WHEREAS, the City desires to provide specified terms of employment for the position of City
Clerk; and
WHEREAS, Ms. Williams is desirous of entering into an employment relationship with the City of
Sebastian to perform the services required of City Clerk;
NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Ms.
Williams hereby agree as follows:
I. APPOINTMENT
1. The City hereby appoints Ms. Williams as the City Clerk of the City of Sebastian, effective as
of 4:31PM, 25 March 2016, subject to all terms and conditions of this Agreement. The City confers upon
Ms. Williams all powers, duties and responsibilities as prescribed and permitted by the laws of the State
of Florida, the City Charter, Ordinances and other Codes of the City of Sebastian.
II. TERM OF EMPLOYMENT
2. This Agreement shall become effective upon execution thereof by the last party signing the
same, and continue in effect until terminated pursuant to the terms of Section VII hereof.
III. COMPENSATION AND BENEFITS
3. Salary - Ms. Williams' initial salary shall be $72,450.00 per year, payable in bi-weekly
installments.
4. Insurance - The City hereby agrees to provide, and pay for, health, vision and dental
insurance for Ms. Williams. Said insurance benefits are to be the same as those available for all other
338 of 360
full-time City of Sebastian employees and their dependents and are subject to change if said benefits are
changed for all other City of Sebastian employees and their dependents.
S. Retirement - The City agrees to contribute to its 401a program, or any new equivalent or
enhanced retirement/deferred compensation program instituted by the City on behalf its employees, an
amount equivalent to a set percentage of her annual salary, said percentage amount being determined
by matching the highest percentage amount being contributed on behalf of any full-time exempt
employee.
6. Vacation - Ms. Williams shall accrue vacation benefits at the same rate as provided to
employees of the City generally. Upon termination of employment with the City, Ms. Williams shall be
entitled to full compensation for all accrued vacation time as additional salary.
7. Sick Leave - Ms. Williams shall accrue sick leave at the same rate as provided to employees
of the City generally. Upon termination of employment with the City, Ms. Williams shall be entitled to
full compensation for all accrued sick leave as additional salary.
8. Disability - Ms. Williams shall be provided disability benefits to a degree equivalent or
superior with that provided any other employee of the City.
9. Professional Associations - The City agrees to budget for payment of dues, subscriptions and
educational seminars related to the scope of Ms. Williams' responsibilities and duties as City Clerk.
10. Business Expenses - The City agrees to reimburse Ms. Williams for all expenses incurred by
Ms. Williams directly related to the performance of her duties as City Clerk. This provision however, shall
not be construed to require the City to reimburse Ms. Williams for expenses which would not otherwise
be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian.
11. Other Benefits — Ms. Williams shall be entitled to other benefits as from time to time may
be afforded to all other full-time employees of the City of Sebastian
IV. REVIEW AND EVALUATION
12. Evaluation - Upon completion of the first (3) month period of employment Ms. Williams
shall be reviewed by the City Council as to her performance. Thereafter, the City Council shall conduct
Its evaluation of Ms. Williams' performance at a public meeting on an annual basis. The CityCouncil may
as appropriate increase the salary and benefits of Ms. Williams in a manner consistent with her
performance evaluation. A determination of the City Council not to grant a merit increase in Ms.
Williams' salary or benefits shall not constitute a breach of this Agreement. Any such increases in salary
or benefits shall be at the sole discretion of City Council.
13. Cost of Living and Generalized Increases - Ms. Williams shall receive cost -of -living or any
such similar generalized increases In salary and benefits consistent with those provided to other full-
time regular employees of the City.
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V. FULL-TIME EMPLOYMENT
14. Ms. Williams shall undertake her duties on a full-time basis and shall devote her complete
efforts to the business of the City.
15. As part of her duties, Ms. Williams shall attend public meetings, hearings and workshops of
the City Council, and meetings of other boards as is in the best interest of the City.
VI. TERMINATION
16. The term of this Agreement notwithstanding, either party shall have the right to terminate
this Agreement upon providing written notice of termination to the other party. This provision
notwithstanding, however, the City may only terminate the Agreement without cause if it pays to Ms.
Williams an amount equal to three months of her current annual salary. Ms. Williams may terminate
this Agreement upon furnishing the City one month's written notice.
17. Notwithstanding any provision of this Agreement to the contrary, the City may terminate
Ms. Williams, with cause, pursuant to the terms of the City Charter.
18. If Ms. Williams is terminated for cause, the City shall not be obligated to pay Ms. Williams
the additional compensation set forth in Paragraph 16 hereof
VII. INDEMNIFICATION
19. Subject to any limitations imposed by Florida law, the City shall defend, save harmless and
Indemnify Ms. Williams against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring out of Ms. Williams'
acting within the course and scope of her duties as City Clerk.
Vill. GOVERNING LAW
20. This 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.
IX. MODIFICATIONS
21. No provision of this Agreement may be changed or modified except by written agreement
executed by both parties hereto.
X. ENTIRE AGREEMENT
22. This 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.
340 of 360
XI. NOTICES
23. All notices or other communications provided for herein shall be validly served if 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
1225 Main Street
Sebastian, Florida 32958
Attn: Mayor
To the Employee: Jeanette Williams
4605 Crosswind Ct #5
Melbourne, FL 32904
XII. HEADINGS
25. The headings in this Agreement are for purposes of reference only and shall not limit or
otherwise affect the meaning hereof.
XIII. ENFORCEMENT
26. 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 a
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 it asserts specific contentions concerning the Agreement which is filed upon
by the Court.
IN WITNESS WHEREOF the City of Sebastian has caused this agreement to be executed by its
Mayor, duly attested by the City's Records Clerk, and by Jeanette Williams who has executed this
agreement, as of the day and year first above written,
CiTV OF SEBASilAN
Bob McPartlan, Mayor
ATTEST.
,,
Cathy Test , �{ ords Clerk
J nette Williams
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City AttdKney
341 of 360
RESOLUTION NO. R-21-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR
GOAL SETTING, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER
INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT
AGREEMENTS; REPEALING RESOLUTION NO. R-10-05, IN ITS ENTIRETY;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Council deems it appropriate to establish procedures for charter officers for
goal setting, evaluations, wage adjustments or other increases in compensation, and re -negotiations
of employment agreements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CHARTER OFFICER GOAL SETTING.
City Council shall annually set and review goals and objectives for the City Manager, City
Attorney, and City Clerk at a public City Council meeting in June.
SECTION 2. CHARTER OFFICER EVALUATION PROCEDURE.
The Human Resources Director (HRD) shall prepare and recommend blank forms to the City
Council before June 1 s' of each year for the evaluation of the Charter Officers. No later than July 1 s` of
each year, City Council members shall complete an annual evaluation for the City Manager, City
Attorney and City Clerk by using the forms provided by HRD or by using whatever other method each
individual City Council member deems appropriate. Each City Council member may conduct a private
oral interview with one or all of the Charter Officers on an individual basis, if that City Council member
deems it necessary.
SECTION 3. WAGE ADJUSTMENT OR INCREASES IN COMPENSATION.
a. The City Manager, City Attorney and City Clerk shall receive the current wage adjustment
percentage or other increases in compensation terms agreed upon by the Collective Bargaining
Units, which includes the Coastal Florida Public Employees Association (the "CFPEA") and the
Coastal Florida Police Benevolent Association (the "CFPBA"). Should the wage adjustment or other
increases be different for the two Collective Bargaining Units, the City Council shall vote on the one
to be applied to each Charter Officer.
b. At a Meeting in July of each year, the individual City Council members shall publicly
comment on the method they used to evaluate each Charter Officer and summarize the results of
their evaluation. Following those comments, the City Council may vote to grant such merit increases
to the City Manager or City Attorney or City Clerk that the City Council deems appropriate, in addition
to the current wage adjustment percentage or other increases in compensation terms addressed in
the above paragraph of this Section.
SECTION 4. RE -NEGOTIATION OF EMPLOYMENT AGREEMENTS.
The Charter Officers' Employment Agreements are subject to re -negotiation every three (3)
years, if the Charter Officer request that it be re -negotiated one (1) month before the three (3) years
expires. Otherwise, the Employment Agreement will continue in force for three (3) additional years,
for purposes of re -negotiations. The re -negotiations, if any, shall be handled by the City Mayor, in
consultation and support by the Chief Financial Officer (CFO) and Human Resource Director (HRD).
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SECTION 5. REPEAL. This Resolution repeals Resolution R-10-05 in its entirety.
SECTION 6. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 7. PROVIDING FOR SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution 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 or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of this Resolution without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect.
SECTION 8. 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 the City Council
by filing a corrected copy of same with the City Clerk.
SECTION 9. EFFECTIVE DATE. This resolution shall lake effect immediately upon
adoption. The foregoing Resolution was moved for adoption by Hill . The motion was seconded
by Nunn and, upon being put into a vote, the vote was as follows:
Mayor Ed Dodd
ave
Vice Mayor Jim Hill
aye
Council Member Christopher Nunn
aye
Council Member Fred Jones
ave
Council Member Bob McPartlan
aye
The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly
passed, and adopted this I Qth day of February , 2021.
ATTEST:
('Jeanette Williams, MMC
`City Clerk
CITY OF SEBASTIAN
Ed Dodd, Mayor
Approved as to form and legality for
reliance by a City asti only:
M Kny.A , Jr., Esq
C{ty Attor
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�liY �iF
SETN
Ri
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 8, 2023
Agenda Item Title: Approve Municipal Election Agreement between the Indian River
Supervisor of Elections and the City of Sebastian for the November 7,
2023 election
Background: Each year the Indian River County Supervisor of Elections provides an
agreement between her office and the City of Sebastian to set forth
each party's responsibilities for conducting the City's annual election.
Recommendation:
Attachments:
Administrative Services D
City Attorney Review:
Procurement Division Revi
Funding for the 2023 election will be included in the forthcoming FY
2023-2024 budget. The invoice to be submitted after the election will
be based on the number of registered voters at book closing, at $3.00
per voter.
Early Voting is not scheduled to take place this year for the City's
"stand alone" election. Should Council be interested in early voting,
the Clerk requested an approximate cost for a one -week time frame.
Determine if early voting should be held for the November 7, 2023
election.
Approve the Municipal Election Agreement for the City of Sebastian's
November 7, 2023 election.
Early voting quote, agreement
epartment R iew:,
0
yew, f app cabl . NIA
City Manager Authorization
Date:
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Jeanette Williams
From: Leslie Swan <lswan@voteindianriver.gov>
Sent: Wednesday, January 11, 2023 10:58 AM
To: Jeanette Williams
Subject: RE: Early Voting Cost
Hello Jeanette:
The estimated total for 7 days of early voting, at your location, from 8 a.m. to 4 p.m. is $18,089.00.
Please let me know if you have any questions.
Kindest regards,
Leslie
Leslie Rossway Swan, CERA, MFCEP
Supervisor of Elections
Indian River County
4375 43"d Avenue
Vero Beach, FL 32967
Phone: (772) 226-4705
Fax: (772) 770-5367
* INOIAN RIVER COUNTY
SUPERVISOR
® of ELECTIONS
L E S L! E ROSSWAY SWAN
Email: LSwan(avoteindianriver.eov
Web: www.VotelndiarnRiver.eov
NOTICE: The Indian River County Supervisor of Elections office has transitioned to .gov for office emails and the
website.
find us on
Facebook
Please note: Florida has a very broad public records law. Written communications to or from government officials regarding business
constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory
exemption. Therefore, your e-mail message as well as the information on this form and our personal records may be subject to public
disclosure.
From: Jeanette Williams <iw1lliams0citvofsebastian.org>
Sent: Wednesday, January 11, 202310:04 AM
To: Leslie Swan <Iswan(@voteindianriver.eov>
Subject: RE: Early Voting Cost
1
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MUNICIPAL ELECTIONS AGREEMENT
THIS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter
"SOE") whose mailing address is 4375 43`d Avenue, Vero Beach, Florida, 32967, and the CITY OF
SEBASTIAN (hereinafter "Municipality") whose mailing address is 1225 Main Street, Sebastian, FL 32958, to
conduct the municipality's November municipal election.
RECITALS:
WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code") which
applies to municipalities where expressly so stated; and
WHEREAS, Sec. 100.3605, Florida Statutes, states... The Florida Election Code, chapters 97-106 shall
govern the conduct of a municipality's election in the absence of an applicable special act, charter, or
ordinance provision; and
WHEREAS, the municipality and the SOE desire to work together to provide for municipal elections and
to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of
the Code are followed during the municipal elections; and
WHEREAS, the SOE and the municipality wish to enter into this Agreement to set out the terms of this
coordinated program.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be
kept and performed by the parties hereto, and for the mutual benefit of the municipality, its constituents,
and the SOE, it is agreed as follows:
1. PURPOSE:
The purpose of this Agreement is to set forth the terms and conditions under which services will be
provided by the SOE and staff to the municipality for municipal elections and to set forth the
responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all
parties. Such rights and responsibilities shall apply to the November Municipal Election which is held the
first Tuesday after the first Monday in November, and the Post -Election Audit. In even number years, the
Supervisor of Elections is not obligated to conduct a special or recall election beginning the week
preceding the June qualifying period through the certification date follow the November General Election.
When a presidential preference primary election is held, the Supervisor of Elections is not obligated to
conduct a special or recall election beginning 65 days prior to the presidential preference primary election
and 45 days following the presidential preference primary elections.
2. DATE OF MUNICIPAL ELECTION:
The date of the City of Sebastian Municipal Election is November 7, 2023
This Agreement covers the November municipal election and the post -election audit for the year 2023.
Either parry to the Agreement may elect to withdraw from the Agreement upon written notice providing at
least four (4) months' notice.
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3. ELECTION FEES FOR MUNICIPAL ELECTIONS:
Municipal Elections that are held in conjunction with county, state, or federal elections: $1.00 per
registered voter limited to regularly scheduled city/town council races. There will be an additional fee for
amendments and/or referendums which exceed print area specified below at a cost of: $0.50 per
registered voter.
Total print area for all amendments and /or referendums is limited to 2 '/z" wide by 6 Y2' length of total
print area for a three column ballot layout, 5 '/4' wide by 4" length of total print area for a two column ballot
layout, and 8" wide by 3" length of total print area for a one column ballot layout. The SOE determines
the number of columns based on ballot content.
Municipal Elections that are not held in conjunction with county, state, or federal elections: $3.00
per registered voter (based on 1 card ballot). Each additional ballot card: $0.50 per registered voter.
In the event of a recount (machine and/or manual), the municipality will be invoiced for the costs
associated with the recount.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) The Municipal Charter shall designate the Canvassing Board for the municipality's election,
which shall convene in a publically noticed meeting, open to the public, in accordance with
Section 286.011, Florida Statutes and Section 102.141(2), Florida Statutes.
(b) The municipality shall be responsible for all advertising that may be required by the
municipality's charter or other local requirements that are outside of the advertising required by
Florida Election law, at its own expense.
(c) Request that the Supervisor of Elections conduct the municipality's election.
(d) The municipality's canvassing board will be responsible for canvassing the election, when the
election is not held in conjunction with county, state, or federal elections.
(e) The municipality shall assure all political boundaries are accurate, up to date, and provided to
the SOE no later than one hundred and twenty (120) days prior to each election.
(f) The qualifying officer/municipal clerk, at the time of qualifying, shall give written notice of the
time and location of the Public Logic & Accuracy Test to each candidate qualifying with the
municipality and obtain a signed receipt that the notice has been given according to Sec.
101.5612(2), Florida Statutes.
(2) SOE
(a) Publish legal notices required by Florida Statutes.
rl
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B. Qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates.
(b) Accept and process all qualifying papers and fees.
(c) Provide the SOE with a copy of the candidate's Loyalty Oath at the time of qualifying.
(d) Respond to all candidate inquiries and questions.
(e) Respond to all legal inquiries and questions.
(f) Respond to all media inquiries.
(g) Verify signatures of electors on any qualifying petitions submitted by candidates (if
applicable).
(2) SOE
None
C. Ballots
(1) Municipality
All ballot language must comply with Section 101.161(1), F.S. and Rule 1S-2.032, Florida
Administrative Code.
(a) Provide SIDE the official title and language for any amendments and/or referendum questions
seven (7) days prior to the qualifying deadline in Microsoft Word format. If mandated to provide
additional languages other than English, the municipality must provide the official title,
amendments and/or referendum questions in all mandated languages. Indian River County is
mandated by court order to provide ballot language in Spanish.
(b) Provide the SOE with the official election title, candidate names, and ballot order, on the last
day of qualifying prior to the election. All ballot language must be provided in Microsoft Word
format. The municipality shall provide pronunciation guidelines for the qualified candidates to be
used with the audio ballot.
(c) Review, amend (if necessary) and approve ballot proof prepared and provided by SIDE to the
municipality within one (1) business day of receipt from the SIDE.
(d) Any modifications to the approved ballot by the municipality, is not guaranteed after final
approval from the municipality. Any requested modification must be provided to the SOE in
writing and signed by the appropriate parties, and in accordance with any special act, charter, or
ordinance provision.
3
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(2) SOE
(a) Provide ballot proof to the municipality to review, amend (if necessary) and approve.
Municipality has one (1) business day after receipt of ballot proof to review, amend (if necessary)
and approve ballot.
(b) SOE shall prepare file for ballot printing and audio ballot based on information received from
the Municipal Clerk and shall arrange for the printing, preparation, receipt, and testing of the
ballots to be used in the municipal election.
(c) Black ink text only on ballots.
(d) Receive, securely store, and account for all ballots until disbursed to polling places.
(e) Control all access to un-voted ballots while in the possession of the SOE.
(f) SOE will provide sample ballots in accordance with the Election Code.
(g) SOE will post precinct specific sample ballots on the SOE website.
D. Equipment Testing
(1) Municipality
(a) Municipal Canvassing Board shall convene for the Public Logic and Accuracy Test as per
Florida Statute 101.5612(2). For municipal elections held in conjunction with county, state, or
federal elections, the County Canvassing Board will preside over the election.
(2) SOE
(a) Develop a unique test deck to be used for the Public Logic & Accuracy Test.
(b) Conduct the Pubic Logic & Accuracy Test of the automatic tabulating equipment as required
by Section 101.5612, Florida Statutes.
E. Early Voting (OPTIONAL) - The SOE is not required to conduct early voting for municipal elections
that are not held in conjunction with county, state or federal elections. The responsibilities of the
municipality listed below under Section E1 (a) — (b) and the responsibilities of the SOE listed
under Section E2 (a) — (d) are only applicable if the municipality agrees to offer early voting and
pay all associated costs which are indicated in Section E1 below.
(1) Municipality
(a) Reimburse SOE for all early voting expenses incurred by the SOE.
(b) Municipality shall conduct its early voting activities in accordance with Florida Statute
101.657.
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(2) SOE
(a) Secure early voting site(s).
(b) Prepare all supplies needed for each early voting site.
(c) Provide poll workers to staff early voting site(s) and additional personnel as needed.
(d) Train poll workers.
(e) Provide staffing to accept voted ballots daily at the SOE office.
F. Vote -by -Mail
(1) Municipality
(a) Refer all requests for vote -by -mail ballots to SOE.
(b) If the SOE office is required by federal or state law to pay return postage on vote -by -mail
ballots, the municipality will be charged the postage costs for all returned voted ballots.
(c) If the SOE is required by federal or state law to mail every registered voter a vote -by -mail
ballot, the municipality will be charged an additional $.50 per registered voter for
elections that are held in conjunction with county, state, or federal elections and an additional
$.75 per registered voter for elections that are not held in conjunction with county, state, or
federal elections.
(2) SOE
(a) Determine eligibility and compile vote -by -mail ballot file.
(b) Accept all requests for vote -by -mail ballots by telephone, mail, online, or in person.
(c) Prepare and mail vote -by -mail ballots as required per Florida Statute.
(d) Deliver vote -by -mail ballots to the post office.
(e) Receive vote -by -mail ballots at the SOE office and verify signatures and other identifying
information required by Florida Statute on vote -by -mail certificate envelopes. Notify voters of a
missing signature or if the signature on the voter's certificate envelope does not match their
signature on their voter record or if any other identifying information required by Florida Statute is
missing or does not match the voter's information on file with the SOE office.
(f) Prepare and open vote -by -mail ballots for tabulation.
(g) Notify voter of the disposition of their rejected vote -by -mail ballot after determination by the
Canvassing Board, as required by Florida Statute.
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G. Polling Places
(1) Municipality
None
(2) SOE
(a) Contract with facilities for use as polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify voters, as required by law, if a voter's assigned polling place is to be temporarily
relocated or unavailable. The Supervisor is responsible for mailing "Polling Place Change
Notices" to affected voters, the cost of which shall be reimbursable to the SOE.
(d) Notify voters and the municipality of permanent polling place change(s).
H. Precinct Supplies
(1) Municipality
None
(2) SOE
(a) Prepare precinct supplies for each polling place location.
(b) Prepare precinct registers for each polling place location.
(c) Contract with moving company for delivery and pick-up of polling place voting equipment and
supplies.
I. Poll Workers
(1) Municipality
None
(2) SOE
(a) Hire poll workers.
(b) Schedule and notify poll workers of training classes.
(c) Provide training materials and training for poll workers.
J. Poll Watchers
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(1) Municipality
None
(2) SOE
(a) Poll watcher designations must be submitted to the SOE office before noon of the second
Tuesday preceding the election. Poll watchers must be approved by the SOE on or before the
Tuesday prior to the election. Designations for early voting sites (if applicable) shall be submitted
in writing to the SOE office before noon at least 14 days before early voting begins. The poll
watchers for early voting sites shall be approved by the SOE no later than 7 days before early
voting begins per Florida Statute 101.131. Approved poll watcher badges will be available for
pick-up at the SOE office upon notification.
K. Election Day Support
(1) Municipality
None
(2) SOE
(a) Provide technical support personnel as needed.
(b) Provide phone support to respond to poll workers/voters on Election Day.
L. Ballot Tabulation of Election Results
(1) Municipality
(a) Municipal Canvassing Board present (only applies when the election is not held in
conjunction with county, state or federal elections).
(2) SOE
(a) Deliver all voted ballots and other necessary election related items to SOE office after the
polling places have closed on Election Day.
(b) Provide technical staff and equipment to tabulate election results.
(c) Post election results on SOE website and provide the same to local municipal television
(upon request).
(d) Provide the municipality with unofficial election results upon conclusion of tabulation and
canvassing of ballots cast on Election Day.
M. Post -Election Day
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(1) Municipality
(a) Municipal Canvassing Board shall canvass provisional ballot, and vote -by -mail and provisional
ballot cure affidavits. For municipal elections held in conjunction with county, state, or federal
elections, the County Canvassing Board will preside over the above activities.
(b) Municipal Canvassing Board shall certify election results and Conduct of Elections report. For
municipal elections held in conjunction with county, state, or federal elections, the County
Canvassing Board will preside over the above activities.
(2) SOE
(a) Provide the municipality with an official certification of election results and Conduct of
Elections report.
(b) Sort, inventory, pack and store all necessary election records and ballots until the expiration
of the retention period prescribed by Florida law.
(c) Process polling place affirmation forms.
(d) Notify voter of the disposition of their rejected vote -by -mail ballot or provisional ballot after the
determination by the Canvassing Board, as required by law.
(e) Respond to public records requests regarding records kept on behalf of the municipality.
(f) Record voting history for each voter who voted.
N. Post -Election Audit
(1) Municipality
(a) Municipal Canvassing Board to randomly select precinct(s)/race(s) for audit. For municipal
elections held in conjunction with county, state, or federal elections, the County Canvassing
Board will preside over the above activities.
(b) Municipal Canvassing Board to preside over post -election audit. For municipal elections held
in conjunction with county, state, or federal elections, the County Canvassing Board will preside
over the above activities.
(2) SOE
(a) Organize precinct/race information for the Canvassing Board to randomly select the race(s)
and precinct(s) that shall be audited according to Florida Statute 101.591. The SOE has the
option of auditing ballots using an automated system pursuant to Florida Statute 101.591.
(b) Organize and prepare ballots for post -election audit. If an automated system is used to
conduct the post -election audit, the SIDE will be responsible for all ballot scanning and report
preparation.
(c) Provide SIDE staff to conduct post -election audit.
O. Recount
E?
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(1) Municipality (Applies only when the election is not held in conjunction with county,
state or federal elections).
(a) Municipal Canvassing Board will be responsible for the administration of the recount, with
support and guidance from the SOE.
(b) Notify the candidates of the time, date, and location of the recount.
(c) Post public notice(s) of the recount with the time, date, and location.
(d) Recording and minutes as stipulated in Rule1S-2.031 Recount Procedures.
(e) Canvassing Board to review with counting teams and observers, the Florida Statutes and
rules, which apply to recounts, specifically Rule 1 S-2.031 Recount Procedures; and Rule 1 S-
2.027 Standards for Determining Voter Choice on a Ballot.
(f) Reimburse the SOE for all staff salaries/overtime and all other expenses required to conduct
the recount.
(2) SOE
(a) Post public notice(s) of the recount with the time, date, and location at the SOE office and
website.
(b) Test tabulating equipment as required by Florida Statute 101.5612.
(c) Prepare and organize ballots for recount processing.
(d) Conduct recount as required by Florida Statute 101.5612.
(e) Provide counting teams for examining out -stacked ballots (overvoted and blank ballots), in
the event a manual recount is ordered.
(f) Provide official certification of the election as determined by the Canvassing Board.
(g) In the event of a recount (machine and/or manual), the municipality will be invoiced for the
costs associated with the recount.
P. Cancellation of Election
(1) Municipality
(a) If a scheduled election is cancelled after the qualifying period, the municipality is responsible
for all SOE costs incurred in this Agreement as of the cancellation date.
(2) SOE
None
we
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5.
HOLD HARMLESS COVENANT:
7
To the extent allowed by law, each party shall indemnify and hold the other harmless from all
claims brought during the term of this Agreement by third parties, including reasonable attorneys'
fees, court costs and expenses, which may arise out of or be attributed to the negligence of the
indemnitor's employees in the performance of any of the covenants, agreements, terms, or
conditions to be performed or complied with under this Agreement. Neither party's liability to the
other shall include punitive damages or interest for the period before judgment. Nothing
contained herein shall be construed as a waiver of any immunity from, or limitation of, liability
either party has under the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes.
Additionally, neither party shall be liable pursuant to this indemnity to pay a claim or a judgment
by any one person or any claim or judgment, or portions thereof, which when totaled with all other
claims or judgments paid arising out of the same incident or occurrence, which exceeds the limits
of liability as set forth in Section 768.28(5) Florida Statutes, provided, that the payment of said
claim(s) shall be further limited to the actual amount of insurance proceeds paid for such claim(s)
covered by this indemnification. This indemnity specifically excludes any requirement for one
party to indemnify the other party for the other party's negligence or to assume any liability for the
other party's negligence as provided in Section 768.28 (19) Florida Statutes.
CHANGE IN LAW:
It is understood that the provisions of this Agreement are based on current state or federal law,
and if any changes in election law should occur during the term of this Agreement, those changes
will supersede the terms of this Agreement where applicable.
NOTICES:
Mail notices affecting the provisions of this Agreement may be delivered in person or sent via
U.S. mail, to the individual designated below, until either party furnishes the other party written
instruction to contact another individual.
For the SOE:
Supervisor of Elections
4375 43nd Avenue
Vero Beach, Florida 32967
Attention: Leslie Rossway Swan
SEVERABILITY:
For the Municipality:
Citv of Sebastian
1225 Main Street
Sebastian. FL 32958
Attention: Jeanette Williams
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law,
the same shall be eliminated from this Agreement, and the remaining portion of this Agreement
10
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shall be in full force and effect and be valid as if such invalid portions thereof had not been
incorporated herein.
9. EFFECTIVE DATE:
The Effective Date of this Agreement shall be the latest date of execution by duly authorized
representatives of SOE and MUNICIPALITY as shown on the signature page hereto.
10. NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final Agreement between the parties. No representations other than
those set forth herein shall be binding upon the parties. No modification of this Agreement shall
be effective unless submitted in writing and signed by both parties, and their duly authorized
representatives.
IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as
promised herein, SOE and MUNICIPALITY for purposes of executing this Agreement on the dates set forth below.
WITNESSES:
ATTEST:
, Municipal Clerk
(Affix Municipal Seal)
11
As to the SOE
SUPERVISOR OF ELECTIONS
INDIAN RIVER COUNTY
Leslie Rossway Swan, Supervisor of Elections
Date:
As to the MUNICIPALITY:
INSERT NAME OF MUNICIPALITY
Date:
, Mayor
356 of 360
c�rnra
SEBATIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February S, 2023
Agenda Item Title: Consider Supervisor Swan's request to hold 2024 Early Voting in
Council Chambers — Consider rescheduling the March 13, August 14,
and October 23, 2024 Council Meetings
Background: There will be a Presidential Preference, Primary, and General Election
held in 2024. Supervisor Swan appreciates the use of City Hall as an
Early Voting site.
The City of Sebastian Charter provides for "at least" one city council
meeting per month. Council meetings are scheduled on the 2nd and 4d'
Wednesday of each month.
The "off' Wednesdays are reserved for Council should a special or
rescheduled meeting need to take place.
Recommendation,: Review and consider Supervisor Swan's request.
Consider cancelling the March 13, August 14, and October 23, 2024
Council meetings.
Attachments: 2024 calendar, agreement
�-
Administrative Services Departure t
City Attorney Review:
�� 1
Procurement Division Review, if applicable NIA
City Manager Authorization:
Date: //-70),,;t.3
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Precinct(s) # Sebastian City Hall
A G R E E M E N T for 2023 - 2024
Re: Use of Facilities as Polling Place
THIS AGREEMENT, made this 24th day of January 2023, by and between the INDIAN RIVER
COUNTY SUPERVISOR OF ELECTIONS (Hereafter SUPERVISOR), and
Sebastian City Hall (Hereafter PROVIDER),
WITNESSETH.
WHEREAS, polling in Indian River County has traditionally been held in places such as churches,
community centers, and civic organization buildings; and
WHEREAS, orderly administration dictates that a contract for the use of these facilities be entered
into between the SUPERVISOR and the PROVIDER;
NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable
consideration, the receipt of which is hereby acknowledged, SUPERVISOR and PROVIDER agree as
follows:
1. PROVIDER shall allow the SUPERVISOR the use of its facilities as a polling place for the election(s) to
be held on:
March 9- March 16, 2024 - Presidential Preference Primary Election
August 10 - August 17, 2024 - PrimaryDecdon
October 21- November 2, 2024E - General Electron
Any Special Elections
2. PROVIDER shall allow the SUPERVISOR access to the facilities for the placement and removal of voting
equipment and other related equipment beginning one week before and ending one week after each
early voting. The Supervisor of Elections shall have access to the location for set up prior to the
commencement of the early voting period and sole occupancy on the days of early voting from 6:30
a.m. until the Election Board has completed all procedures.
3. SUPERVISOR shall pay the PROVIDER for the use of said facilities the sum of $ 0.00
4. SUPERVISOR will accept the facility as is. If modifications are requested by the SUPERVISOR,
excluding ADA compliance and safety measures, the SUPERVISOR shall reimburse the
PROVIDER for all modifications.
5. SUPERVISOR shall cause to be issued general liability insurance in the amount $200,000/ $300,000
covering "all elections at all polling places that are held during the above -described period."
6. HOLD HARMLESS COVENANT: To the extent allowed by law, each party shall indemnify and hold the
other harmless from all claims brought during the term of this Agreement by third parties, including
reasonable attorneys' fees, court costs and expenses, which may arise out of or be attributed to the
negligence of the indemnitor's employees in the performance of any of the covenants, agreements,
terms, or conditions to be performed or complied with under this Agreement. Neither parry's liability to
the other shall include punitive damages or interest for the period before judgment. Nothing contained
herein shall be construed as a waiver of any immunity from, or limitation of, liability either party has under
the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. Additionally, neither party shall
be liable pursuant to this indemnity to pay a claim or a judgment by any one person or any claim or
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judgment, or portions thereof, which when totaled with all other claims or judgments paid arising out of
the same incident or occurrence, which exceeds the limits of liability as set for the in Section 768.28(5)
Florida Statutes, provided, that the payment of said claim(s) shall be further limited to the actual amount
of insurance proceeds paid for such claim(s) covered by this indemnification. This indemnity specifically
excludes any requirement for one party to indemnify the other party for the other parry's negligence or
to assume any liability for the other parry's negligence as provided in Section 768.28(19) Florida Statutes.
IN WITNESS WHEREOF, SUPERVISOR and PROVIDER have entered into this agreement on the
first date above written.
PROVIDER:
By
INDIAN RIVER COUNTY, FLORIDA
SUPERVISOR OF ELECTIONS
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