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HomeMy WebLinkAbout06-14-2023 CC AgendaOn kY SE." HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JUNE 14, 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. INVOCATION - Rev. Alexis Talbott, Sebastian United Methodist Church 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modificationsfor 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. 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. S. 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 6-9 A. Approval of Minutes — April 26, 2023 Projects Workshop pgs 10-16 B. Approval of Minutes — May 10, 2023 Regular City Council Meeting 1 of 298 pgs 17-19 C. Approval of Minutes — May 17, 2023 Interim City Manager Special Meeting pgs 20-30 D. Approval of Minutes — May 24, 2023 Regular City Council Meeting pgs 31-51 E. Resolution R-23-14 — Subdivision Final Plat - Spirit of Sebastian PUD Pod 2 (Transmittal, R-23-14, Plat, Location Map, Cost Estimate, Letter, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SPIRIT OF SEBASTIAN PUD — POD 2; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 52-62 F. Approve the Exempt Employees Benefit Package (Transmittal, Package) pgs 63-90 G. Approve the City Attorney Employment Agreement with Jennifer Cockcroft (Transmittal, Agreements) pgs 91-103 H. Approve a Three (3) Year Agreement between the City of Sebastian and the Indian River County School Board for Two (2) School Resources Officers, One (1) at Sebastian Elementary, and One (1) at Pelican Island Elementary with the Option of Renewing for Three (3) Additional Years Beginning (Transmittal, Agreement) pgs 104-121 I. Approve the Extension and Amendment #1 of the Ceres Environmental Services, Inc., Contract for Debris Removal and Disposal Services through July 8, 2024 (Transmittal, Exhibits) pgs 122-139 J. Approve the Extension and Amendment #2 of the Timothy Rose Contracting, Inc. Contract for Debris Removal and Disposal Services through July 8, 2024 (Transmittal, Exhibits) pgs 140-153 K. Approve Amendment #4 to the Neel -Schaffer, Inc., Disaster Debris Monitoring Contract to Comply with all of the Latest State and Federal Regulations (Transmittal, Exhibits) pgs 154-156 L. Approve Alcoholic Beverages for the Sebastian Fitness Christmas Party at the Community Center on Saturday, December 90', 2023 from 7:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 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 157-176 A. Parks and Recreation Advisory Committee (Transmittal. Applications, List, Advertisement) Fill Two Regular Member Positions — New Terms to Expire May 31, 2026 2 of 298 ii. Fill One Alternate Member Position — New Term to Expire May 31, 2026 pgs 177-193 B. Planning and Zoning Commission i. Fill One Regular Member Position — New Term to Expire May 1, 2026 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS pgs 194-232 A. Resolution No. R-23-10 — Florida Department of Transportation Public Transportation Grant Agreement — Runway 05-23 Rehabilitation (Transmittal, Agreement, R-23-10) 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 REHABILITATION COST OF FM451510-1-94-01 "RUNWAY 05-23 ASPHALT REHABILITATION WITH LIGHTING IMPROVEMENT" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 233-272 B. Resolution No. R-23-13 — Florida Department of Transportation Public Transportation Grant Agreement — Hangar "D" Office Spaces Build Out (Transmittal, R-23-13, Agreement) 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 OF GRANT NUMBER FM449620-1-94-01 "HANGAR "D" OFFICE BUILD OUT" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 2 73-2 78 C. Florida League of Cities 97th Annual Conference Items (Transmittal, Information, Schedule) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS pgs 279-298 A. School Zone Speed Limits (Transmittal, Chapter Law 2023-174) 3 of 298 B. Mayor Jones C. Vice Mayor Nunn D. Council Member Dixon E. Council Member Dodd F. Council Member McPartlan 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 A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA@ CITYOFSEBAST1AN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. %10111081aQ1133UTFINyC13�] Please click the link to join the webinar: https://us02web.zoom.us/j/84600459101 Or One tap mobile: +13052241968„84600459101# US Webinar ID: 846 0045 9101 International numbers available: https://us02web.zoom.us/u/koYawe9NW 4 of 298 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 298 0 n LY SET" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL PROJECTS WORKSHOP MINUTES WEDNESDAY, APRIL 26, 2023 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the workshop 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 Interim City Attorney Andrew Mai City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Accounting Services Manager Jennifer Smith Leisure Services Director Brian Benton Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth Building Official/Fire Marshal Wayne Eseltine City Engineer/Public Works Director Karen Miller Procurement Manager Don Wixon Human Resources Manager Cindy Watson Airport Manager Jeff Sabo Golf Pro Greg Gardner Police Chief Dan Acosta 5. DEPARTMENT PROJECTS A) Administrative Services Human Resources 6 of 298 Projects Workshop April 26, 2023 Page 2 The Human Resources Manager reported that she is using NeoGov recruitment service to fill the vacant positions with great success; she is in the process of updating the job descriptions. Management Information Services The Management Information Services Manager reported that she is continuing to add and modify phones on the new system; she is about to close out the replacement of the cameras in the Council Chambers and she is experiencing supply chain issues in ordering some of the needed technology hardware. Contracts & Procurement The Procurement Manager reported that he has been working on the following contracts: airport hangars; golf course netting; financial auditing; Stonecrop drainage improvements; hangar C office improvements; professional landscaping services; generator transfer switches; golf cart batteries and lighting for airport Runway 5-23. B) Building Department The Building Official reported that the project to renovate the front counter was underway to create more office space and a customer friendly environment. C) Community Development Department Communitv Redevelopment Agencv (CRA) The Community Redevelopment Agency Manager reported that the Community Development Block Grant Program was in its 4`h successful year; staff is securing a FIND grant to extend the land lease and docks for the commercial fishermen; they are working on updating the kiosk signs at the riverfront; they are working on the permitting requirements to install artificial reefs; the repaving of U.S. 1 should start in 2024; she is working on a second FIND grant for the parking of the marine vessels; she is working on a water use plan to be inserted in the 2040 Comprehensive Plan; she is working the coastal resiliency plan to enhance the City's grant applications in the future; and staff is working with the County on the scrub jay easement. Planning & Zoning With regards to planning and zoning, she advised the department strives to turn comments around within 30 days. D) Golf Course The Golf Pro reported that the net replacement is on the agenda for later in the evening; he expected delivery of the golf carts around January 2024; they are thinking of bringing on a staff mechanic in the cart barn; the ice machine will be delivered in May; they plan to improve the drainage at Hole 15 and overhaul the sand bunkers; he would like to replace the doors to the club house as they can't get parts for repair anymore; the carpeting in the golf shop will be replaced 7 of 298 Projects Workshop April 26, 2023 Page 3 October l; he plans to replace some of the piping on the irrigation pump state; and he plans to increase the 10'' fairway hole to help with drainage. E) Leisure Services The Leisure Services Director distributed a chart outlining the projects he is overseeing. (See attached) F) Police Deuartment Code Enforcement The Police Chief reported the flooring installation has been completed and they are utilizing remaining funds to clean the air ducts; seven vehicles are being outfitted and should be delivered soon; the armored vehicle is currently being built; the logo is currently being installed on the COPE trailer; staff has received quotes in the investigation equipment but it is better to wait to order since the technology changes so quickly. G) Public Works/Engineering The Airport Manager reported that the Hangar D project is overdue and the City is seeking liquidated damages; the sewer installation is complete, staff is waiting for the release from Indian River County utilities; staff is currently negotiating with Wright Construction to design the four square hangars; the RFQ is going out for the hangar C office improvements; monies from the airport rescue grant is helping to repaint the tenant building; the design improvements of Runway 5-23 is currently in progress; Runway 10-28 was completed last week; the City has been notified that the rehabilitation of Runway 5-23 has been awarded; staff anticipate the runway debris blower to be delivered in the next 3-4 weeks. The City Engineer reported the final invoices transferring the new Public Works facility will be paid next week; staff should have the comments regarding the stormwater master plan at the end of May; staff is waiting for Brightline to finish construction before putting in the sidewalks on Barber Street. She said the road improvements on the Pavement Management six year plan have gone over budget and staff is trying to prioritize which roads should be completed first; staff has identified a leak in the Concha Dam and they are trying to determine if more engineers should be involved and how to repair the leak; staff is waiting on FPL to put in the transformers in the Tulip Habitat restoration project; the City is going out to bid for the Gardenia Ditch; the Schuman box culvert has been designed and staff is adding it to the LMS list to receive funding; staff is looking for a piggyback contract to purchase the concrete truck; the bucket, dump, and brush vehicles are waiting to be built; the sidewalk joint separating on Indian River Drive will be incorporated into one continuous design to mitigate drainage; the bulldozer should be in at the end of summer; and the Periwinkle Pond fountain will be purchased by the summer; 8 of 298 Projects Workshop April 26, 2023 Page 4 6. PUBLIC COMMENT — There was no public comment. 7. COUNCIL COMMENT Council Member Dodd thanked staff for the update and suggested maybe giving future updates every six months. Vice Mayor Nunn agreed and thanked staff for the update. Council Member Dixon said it was great to see staff get the best for the City at a great cost. Council Member McPartlan noted that staff goes over and above. He would like to hear what the departments need. He asked if the Building Department's process is compatible with surrounding agencies; he would be interested in license plate readers along US 1 and CR512; he would like to hear what the City Engineer needs; he asked how long would it take to cut all of the swales in the entire City; and where are the roads after the six year maintenance. 8. Being no further business, Mayor Jones thanked staff for the update and adjourned the workshop at 6:10 p.m. Approved at the June 14, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 9 of 298 On IN E SASTL�AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MAY 10, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. CounciI Member McPartlan led the Pledge of Allegiance. 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 Interim City Attorney Andrew Mai City Clerk Jeanette Williams Leisure Services Direct Brian Benton Administrative Services Director/CFO Ken Killgore Human Resources Director Cindy Watson Contracts/Procurement Manager Don Wixon Police Captain Tim Wood Police Lt. Rob Vafiades Police Corporal Ryan Matthews Police Officer Jennifer McElvy AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 23.081 A. Proclamation — National Peace Officers Memorial Day — May 15, 2023 and, National Police Week — May 14-20. 2023 - Accented by Members of Sebastian's Police Department Mayor Jones read and presented the proclamation to Police Captain Tim Wood, Police Corporal Ryan Matthews and Police Officer Jennifer McElvy. 23.082 B. Proclamation — National Public Works Week - May 21-27, 2023 10 of 298 Regular City Council Meeting May 10, 2023 Page 2 This proclamation was not presented. 23.083 C. Proclamation — National Wear Your Life Jacket to Work Dav on Friday. Mav 19, 2023 and National Safe Boatine Week - Mav 20-26. 2023 — Accented by Mark Cannon. USCG Auxiliarv. Flotilla 56 Vice Mayor Nunn read and presented the proclamation to members of the USCG Auxiliary Flotilla 56. Mark Cannon, Public Affairs Officer, invited the public to practice wearing their life jackets because they only work if they are worn; and attend the safe boating course held in Sebastian every other month. BriefAnnouncements: Monday, May 15 — Wreath Placement Ceremony Honoring Our Fallen Heroes — Indian River Courthouse -10: 00 am Mayor Jones announced the upcoming wreath ceremony to honor our fallen heroes. 7. PUBLIC INPUT In order to save trees, Alessandra Valenzuela asked to increase the cost of removing a tree to $400; once a tree is removed to construct a building, put the tree back; build around the existing trees; or allow residents to adopt removed trees during the building process. Terry McGinn, Miller Drive, said the meeting regarding the proposed Home2 Suites Hotel happened earlier in the day and it didn't go well. He said he found out that Indian River County staff could approve the hotel without ever sending it to the County Planning and Zoning Commission. Mayor Jones advised that he did send a letter to the County Commission indicating the City's concerns. 8. CONSENT AGENDA 23.084 A. Approve Change Order #7 in the Amount of $6,985,883.19 to Wright Construction to Finalize the Public Works Facility Complex Construction Project (Transmittal, CO#7) 23.073 B. Approve a Work Services Agreement Under the Continuing Professional Engineering Consulting Services Agreement with Hanson Professional Services, Inc. in Amount of $28,467.00 to Perform the Construction Engineering Inspection Services of the Four Square Hangars at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Related Documents (Transmittal, Ex. A, Agreement) 23.046 C. Approve the Slip Lining of Joy Haven and Admiral Circle Culvert by Shenandoah in the Amount of $49,060.61 (Transmittal, Proposals) 11 of 298 Regular City Council Meeting May 10, 2023 Page 3 23.085 D. Approve the 2023-2024 Dates for the Craft Club of Sebastian Events at Riverview Park (Transmittal, Letter, Application, Tax Exempt Certificate) 23.086 E. Approve Alcoholic Beverages for the Hammer Family Event at the Yacht Club on June 3, 2023 from 5:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.087 F. Approve Alcoholic Beverages for the Molter Family Event at the Yacht Club on June 17, 2023 from 12:00 p.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.088 G. Approve Alcoholic Beverages for the Davenport Family Event at the Yacht Club on July 8, 2023 from 1:00 p.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.089 H. Approve Alcoholic Beverages for the Dexter Family Event at the Yacht Club on August 6, 2023 from 10:00 a.m. to 2:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.090 I. Approve Alcoholic Beverages for the Avila Family Event at the Community Center on November 4, 2023 from 2:00 p.m. to 9:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) Council Member Dodd asked to pull Item A. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Consent Agenda Items 8B through I. 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 Item A Council Member Dodd said he asked the City Manager to provide a summary of the seven change orders for the Public Works Facility. (See attached) He explained the project was done without any increases but the first six change orders were direct purchases of supplies so the City wouldn't have to pay sales tax and the last change order closes out the project. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve consent agenda item A - Change Order #7 in the Amount of $6,985,883.19 to Wright Construction to Finalize the Public Works Facility Complex Construction Project. 12 of 298 Regular City Council Meeting May 10, 2023 Page 4 Vice Mayor Nunn said it was important to know it was cheaper before COVID and the increase in building supplies but the City still came in $4,500 under budget. He thanked the City Manager for managing the project. There was no public input. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 23.013 A. Appoint Andrew W. Mai to Represent the City in the Pelican Island Audubon Society v. City of Sebastian. Case No. 23-AP-03 (Transmittal. Court Filing) MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to ask Mr. Mai to represent the City in the Pelican Audubon Society suit against the City of Sebastian in case number 23-AP-03. The Interim City Attorney advised that the Court has ordered the Audubon Society to show cause and the City has to respond by June 26; then the other side will have 20 days to respond and then if the Court would like to have oral arguments that would take a number of months. The majority of the time these are decided on the briefings, there are no oral arguments. The decision could take about 7-8 months or even sooner. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 12. NEW BUSINESS 23.091 A. Consider the RFP #23-08 for the Sale and Redevelopment of City Owned Provertv and Provision of a Mixed -Use Development Located at 1215 Indian River Drive. Sebastian. Situated in the Community Redevelopment Area (Transmittal. RFP) 13 of 298 Regular City Council Meeting May 10, 2023 Page 5 6:23 pm The City Manager advised that when the City sells property, the City has the ability to determine what the property is used for in the best interest of City. He asked if Council approved the language in the proposal. Council Member Dixon asked when they would see what people voted at the CRA workshop for this site. The Community Development Director said she would be bringing it to the CRA board at the end of June. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve RFP #23-08. There was no public input. In response to Council Member McPartlan, if someone came in with an unacceptable idea, Mayor Jones said Council could deny the proposal. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.092 B. Consider the RFP #23-11 for the Sale and Redevelopment of City -Owned Pronertv and Provision of a Mixed -Use Development at 100 Veterans Memorial Way, Sebastian, Situated in the Community Redevelopment Area (Transmittal, RFP) The City Manager said this was the same type of proposal for the old Public Works Compound and will make a great opportunity for mixed use or commercial off of CR512 and he asked for approval. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve RFP #23-11. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS 14 of 298 Regular City Council Meeting May 10, 2023 Page 6 The City Mana�er said he tendered his resignation at the beginning of the meeting effective June 9 . He said he has enjoyed working with the City and the staff but he felt the need to get back to his family on the west coast. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member McPartlan Council Member McPartlan asked if something changed when lots are cleared because he remembered that two or three trees remained when lots were cleared. The City Manager advised that the majority of the time, it is the height of the lot that will bury the trees and suffocate the roots. He said each lot is inspected to see if trees may be saved. He asked if the contract for the new attorney will be the same template. Mayor Jones said the new attorney should be available in about a month and her contract should be ready next week. B. Mayor Jones - None C. Vice Mavor Nunn Vice Mayor Nunn advised a home builder was able to save a beautiful oak tree on Barker Street, so every once in a while they are able to save a tree. He apologized to the City Manager for not supporting him from the way people have treated him over the past few meetings. He thanked the City Manager for the years he has given and what he has done for the City. D. Council Member Dixon Council Member Dixon said that she was sad to see the City Manager go as he has been accommodating and is a wealth of knowledge. She said with regard to Ms. Valenzuela fighting with her neighbor and the speeding complaints, she commented that is unnerving where society is going. She encouraged people to treat other people as you would want to be treated. E. Council Member Dodd Council Member Dodd said they were in a tight time frame with the City Manager announcing his resignation and asked if they would like to take action on selecting someone to conduct a search and a potential interim City Manager while that search takes place. 15 of 298 Regular City Council Meeting May 10, 2023 Page 7 The Interim City Attorney advised they could amend the agenda or discuss it and provide direction to staff for the next meeting or even hold a special meeting. Council Member Dodd proposed retaining Colin Baenziger to conduct the search. The City Manager offered to reach out to Mr. Baenziger to see if he was interested. Vice Mayor Nunn said they should appoint an interim prior to June 9 h so the City Manager could transfer information. Council Member Dodd suggested having the City Manager do some consulting on things that haven't been transferred to staff. Council Member Dodd said he was concerned about appointing a department head with the state of their current workload. It was the consensus of Council to have a special meeting on May 17 at 5:00 p.m. to discuss the appointment of an interim City Manager. Council Member Dodd said he was concerned with the low turnout on the recent union vote and suggested they may want to have an employee survey to make sure they haven't lost staff due to the union negotiation process. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 6:48 p.m. Approved at the June 14, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST: Jeanette Williams, City Clerk 16 of 298 CM OF a Ow�r HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, MAY 17, 2023 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Special City Council 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 Ed Dodd Council Member Bob McPartlan Members Absent Council Member Kelly Dixon (excused) Staff Present City Manager Paul Carlisle Interim City Attorney Andrew Mai City Clerk Jeanette Williams 5. SPECIAL MEETING ITEM A. Discuss Interim Citv Manap-er Council Member Dodd started the discussions by making a MOTION of setting the salary for the interim city manager at $125,000 a year with the same benefits as all other exempt employees that was SECONDED by Council Member McPartlan. Vice Mayor Nunn asked why the amount was so low when he will be working very hard with far more responsibility. Council Member Dodd said the pay range starts at $140,000 and the amount was a substantial increase to any of the current department head salaries. Council Member McPartlan advised that in state government, when someone is moved up into an acting position it is typically 10% over what they are making. 17 of 298 Special City Council Meeting May 17, 2023 Page 2 Roll call: Vice Mayor Nunn - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Council Member Dixon -absent Motion carried. 4-0 MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to offer the interim city manager's position to Brian Benton. Council Member McPartlan said they should consider how long the interim position will be and how they will be advertising. He said he has spoken to Kurt Bressner with the International City County Management Association Range Rider Program and Ken Parker, their Senior Advisory Coordinator. This program is free to talk about which direction the City would want to go and could help out should the interim city manager falter, although that won't be the case. He said there was concern about the person being overwhelmed but he has spoken to Brian and staff who feel Brian's communications skills are well enough to be the interim manager. Council Member Dodd said Brian is well liked by staff, has a good head on his shoulders and he anticipated a 3-4 month window of time for him to be the interim and at that point, they might consider him for the position. Council Member McPartlan asked if Council Member Dodd was considering asking Brian first. Council Member Dodd suggested that would be up to Council. Vice Mayor Nunn suggested they propose a six month probationary period as the interim city manager and if Brian is doing a good job, they could make a decision to give it to him or go out for a search. Mayor Jones said he supported Brian and noted that over the last year, in addition to his Leisure Services Director duties, Brian has also taken on the Public Facilities, Cemetery and Airport Maintenance, and Veterans Council responsibilities. The Interim City Attorney asked Council Member Dodd to amend the motion to make it effective June 10t'. Mayor Jones asked that it be effective tonight so he could be mentored by the City Manager. The Interim City Attorney advised that they couldn't have two managers as Charter Officers so they may consider directing the City Manager to provide mentoring services prior to Brian becoming interim on June 10t'. Vice Mayor Nunn asked if Brian could be paid at the interim city manager salary now. The Interim City Attorney said the pay could start immediately. Council Member Dodd and Vice Mayor Nunn WITHDREW their motion to make the following motion: 18 of 298 Special City Council Meeting May 17, 2023 Page 3 MOTION by Council Member Dodd and SECOND by Council Member McPartlan to offer the job of interim city manager to Brian Benton to take effect at 5:00 p.m. on June 9a' and authorize the pay increase to start tonight. The Interim City Attorney asked if they would still like to consider the recruitment service at the next meeting. The City Manager said that was not an agenda item for tonight, he would put it on the next agenda and have Council vote to remove the item from the agenda. Mayor Jones asked if they had to add a time frame for the interim position. The Interim City Attorney said they didn't have to set a time frame but if they wanted to provide Brian the comfort of knowing he would have the job for six months, they could add it to their motion. Council Member Dodd and Council Member McPartlan WITHDREW their motion. Council Member McPartlan asked that Brian Benton have signatory responsibility for the City if the City Manager wasn't here, as well as starting June 9a' at 5:00 p.m. The Interim City Attorney said Brian would take over on June 9"' at 5 p.m. but prior to that Paul Carlisle would be the City Manager and if he was not available, he could appoint someone to take his place pursuant to the Charter during that time frame. Council Member McPartlan confirmed that Paul Carlisle would have to make a declaration that Brian or another officer has signatory responsibility during the time he would be unavailable. The Interim City Attorney responded that was correct. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to offer Mr. Brian Benton the position of interim City Manager upon his acceptance, effective June 9t' at 5 pm for a period of six months. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon -absent Motion carried. 4-0 Council Member Dodd asked if they should direct the City Manager to produce a letter appointing Brian Benton as his second in case he is incapacitated or out of the office. The Interim City Attorney stated it would be at the City Manager's discretion as to who he appoints. 6. Being no further business, Mayor Jones adjourned the Special Meeting at 5:20 p.m. Approved at the June 14`J' Regular City Council meeting. Mayor Fred Jones ATTEST: Jeanette Williams 19 of 298 CM of SEVST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 24, 2023 — 6.00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle Interim City Attorney Andrew Mai City Clerk Jeanette Williams Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Administrative Services Director/CFO Ken Killgore Human Resources Director Cindy Watson Contracts/Procurement Manager Don Wixon Golf Pro Greg Gardner Police Chief Dan Acosta Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS BriefAnnouncements: May 25 - Florida Department of Transportation Public Meeting at City Hall from 5-7: 30 p.m, to Discuss the SR-5/US-1 Resurfacing Project from Harrison St to Davis St Monday, May 29 — Memorial Day Observance —11: 00 am at the Veterans Memorial in Riverview Park 20 of 298 Regular City Council Meeting May 24, 2023 Page 2 Vice Mayor Nunn announced the upcoming events. 7. PUBLIC INPUT Jim Moir displayed a PowerPoint presentation on the Marine Resources Council's St. Sebastian River Greenway Preserve and Nursery. (See attached) He said the Marine Resources Council owns two parcels, Indian River County owns two parcels and the City of Sebastian owns two parcels of the greenway and their goal is to re -nitrify the water shed by providing green space between various pollution sources and the waterway. The council hopes to grow sea grasses, buttonwoods and cord grasses for the restoration. Marris Garvin, restoration scientist for the nursery, introduced herself and said she they hope to be a presence and engage the public with their efforts. 8. CONSENT AGENDA A. Approval of Minutes — April 14, 2023 Charter Officers Contract Special Meeting B. Approval of Minutes — April 26, 2023 Project Workshop & Regular City Council Meeting C. Approval of Minutes — May 5, 2023 City Attorney Selection — Workshop & Special Meeting D. Approval of Minutes — May 10, 2023 Charter Officer Contract Negotiations Special Meeting 23.093 E. Approve Chief of Police Employment Agreement (Transmittal, Agreement) 23.094 F. Resolution No. R-23-12 — Partial Abandonment of Easement on Lot 12, Block 488, Sebastian Highlands Unit 15, 482 Azine Terrace (Transmittal, R-23-12, Survey, Report, Approvals, Application, Affidavit) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF AN EASEMENT ON LOT 12, BLOCK 488, SEBASTIAN HIGHLANDS UNIT 15, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. 23.095 G. Award the RFP #23-07 - Police Department Generator Transfer Switch Installation to Complete Electric in the Amount of $164,250 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, RFP, Bid Tab) 23.009 H. Award the ITB #23-09 to Royal Battery Distributors, Inc. for New Golf Cart Batteries as Needed at the Sebastian Municipal Golf Course and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, ITB, Bid Doc) 21 of 298 Regular City Council Meeting May 24, 2023 Page 3 MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A-H. 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 9. COMMITTEE REPORTS & APPOINTMENTS Vice Mayor Nunn said he participated in the distribution of the bed tax money at the Indian River County Tourist Development Council meeting this past week. He reported that Indian River County was up 9% since March; and up 13% since the first of the year which is very good for Sebastian. 10. PUBLIC HEARINGS 23.096 A. First Reading and Ouasi-Judicial Public Hearing for Ordinance No. 0-23-07 — Rezoning MaD Amendment Sebastian Oaks, LLC, Louisiana Avenue (Transmittal. 0-23-07. Staff Report. Ex. A. Ex. B. Minutes. Letters) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RM-10 MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL DISTRICT FROM CURRENT ZONING DESIGNATION OF RM-8 — MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL DISTRICT FOR LAND LOCATED ON LOUISIANA AVENUE; CONSISTING OF 15.75 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN OAKS; AND SURROUNDED BY MULTI -FAMILY RESIDENTIAL ZONED PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Jones opened the public hearing at 6:13 p.m. and the City Attorney read the title to Ordinance No. 0-23-07. There were no ex parte communications to disclose by the Council Members and the City Clerk swore in all who were to provide testimony. Dennis Hobt, owner of the property introduced himself to put a face to the name. Jonathan Barkett, attorney for the applicant introduced himself and project engineer, Sean Greene and traffic engineer, Rebecca Mulcahy. Mr. Barkett said the applicant was applying to change this property to the new RM-10 designation to add additional units and pointed out that regardless of what happened tonight, the property has been zoned RM-8 for years and will still be developed as multi- 22 of 298 Regular City Council Meeting May 24, 2023 Page 4 family residential. He said the staff report states it is compatible with the City's Code and the Land Development Code and it was apparent there are concerns with traffic but many of the concerns would be addressed at the site plan phase. The Community Development Manager said this was a request to rezone the property in accordance with the new density limits with the thought that it might provide for affordable housing. She noted there was a site plan submitted in 2021 and staff completed the first review but the applicant felt he could get another building in with the new zoning district so it was put on hold. He has since started this new application. She said staff did include the traffic analysis that was submitted in response to staffs comments from the initial review, but this hasn't been resubmitted to staff with the revised site plan. Staff has provided the comp plan items that Council should consider with their decision. Staff feels it is consistent with the zoning map and codes. Staff explained that if Council should approve this, the second reading would be scheduled for June 14t' or if it wasn't approved the second reading would not be necessary. There was no one to speak in favor of the request. Bethany Fortunato, owner of Grace's Landing Senior Apartments, said the average age of her residents is late 70's to early 80's, and she has concerns with the traffic that would be generated; the access point is on a curve so it will cause visibility issues. She asked Council to give strong consideration of her comments and concerns. Rob Gribbroek, 1041 Foster Road, said a great deal of infrastructure will be needed to be made to make the project viable. He described how the train will cause the older residents to be stuck on the tracks leading to accidents and access to US 1 will be blocked. There are also blind spots on Louisiana Avenue. He suggested knocking the church's store out and putting in a traffic light. Jane Sonia, manager of Grace's Landing Senior Apartments, said traffic is going to be a problem as she struggles with her reflexes and eyesight and she is younger than the residents of Grace's Landing. She noted the rezoning will go with the land so in the future there might be even more units. She asked Council to consider this as they make their decision. Diana McNamara, Foster Road, said the 15 acres of woods the property is located on are beautiful. She asked Council to leave the property as it is. Mayor Jones closed the public hearing at 6:35 p.m. Mr. Barkett said they acknowledge the citizens have spoken but in considering the change, Council should consider competent, substantial evidence on the matter. The resident's objections are not viable evidence to reject the project. 23 of 298 Regular City Council Meeting May 24, 2023 Page 5 The Community Development Manager said the zoning is going with the land and another developer could come with a different plan and noted RM 8 has been on that road since 1985 for multifamily to transition to commercial. She said a lot of the concerns could be addressed at site plan approval when staff has more of the permanent plan for the property. She advised that the concerns of the rezoning, raising the density, and traffic concerns could be considered by Council during their deliberations because those concerns have to do with concurrency. Mayor Jones said the existing zoning will provide for 126 units and with the RM-10 it will go to 157 units but he heard a difference of 18 units and asked for an explanation. The Community Development Manager said in 2021, they still had to get in stormwater, parking, and a club house so their engineer determined he could get another building can get in there. He revised the project to bring in another 18 units. She said another developer may come in with smaller units to get the maximum density. Council Member Dodd said RM-10 was created to entice affordable/attainable housing and the Land Development Code provides that a greater density is allowed but does not indicate it has to be reserved for workforce housing. If they grant a RM-10 expansion, they should be able to request some workforce housing but they have no way of requiring it. The Community Development Manager said RM-10 was created to allow more units to drive down the cost for the developer. Council Member Dodd said he understood that but he wasn't interested in seeing 150/130/120 apartments at $1500-$1700 a month in Sebastian because that wasn't affordable housing. He said to increase the density; he would expect to see a site plan having to do with affordable housing. Vice Mayor Nunn asked if making a portion of Louisiana Avenue one-way was ever considered. The Community Development Manager said not through the rezoning, but there has been some design discussion at the intersection of Louisiana and Palmetto. Vice Mayor Nunn said he understood what is being discussed, it will make things more difficult for the residents but what is being asked for is legal and during the site plan he would definitely like to see those things addressed. Council Member Dixon said she would prefer a traffic study completed during the peak season and there should be a way to incorporate affordable housing. Council Member McPartlan said increasing the units from 8 to 10 in that little piece of area is a lot and he too would like to see something for affordable housing. He noted the experienced members of the Planning and Zoning Commission did not vote this through and he would have to go along with what they want. MOTION by Council Member Dixon and SECOND by Council Member McPartlan to deny the rezoning of land located on Louisiana Avenue, consisting of 15.75 acres from RM-8 to R.M-10 medium density multiple -family residential. 24 of 298 Regular City Council Meeting May 24, 2023 Page 6 Roll call: Council Member Dixon - aye Council Member Dodd - nay Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 4-1 11. UNFINISHED BUSINESS 23.097 A. Resolution No. R-23-11 — Aunrovin a Collective Bar2aininiz Agreement to be Effective January 1. 2023 to September 30. 2025 between the City of Sebastian and the International Union of Police Associations. AFL-CIO (IUPA) Local 6054 and Local 6056 for the Full -Time and Part -Time (Excluding Temporary and Seasonal Employees) Hourly Emplovees (Transmittal. R-23-11. Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A TWO YEAR AND NINE MONTH CONTRACT FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO (IUPA) LOCAL 6054 AND LOCAL 6056 AND THE CITY OF SEBASTIAN FOR THE PERIOD JANUARY 1, 2023 THROUGH SEPTEMBER 30, 2025; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY' S RATIFICATION AND CAUSE SAID TWO YEARS AND NINE MONTHS CONTRACT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said he has been in negotiations with the general employees and supervisors who have ratified the vote but it was brought to the City's attention that the unpaid lunch was listed as paid requiring the City to go back to the union for a new vote. Council Member Dodd said there were three things that Council talked about in the caucus: the scrivener's error with the paid lunch; the flexibility to allow the administrative department heads to do flex scheduling; and moving the effective date of the contract back to October 1, 2022. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to not approve Resolution No. R-23-11 and have the City Manager take it back to the bargaining unit with the following changes: On page 9, 7.1(d): Employees will be paid for an eight (8) hour day. In order to be entitled to the one (1) hour unpaid lunch, the employee must have worked four and a half (4 %Z) hours of their shift. Hours of Operation: Administrative employee's hours of work are from 8:00 a.m. to 5:00 p.m. Monday through Friday. The administrative 25 of 298 Regular City Council Meeting May 24, 2023 Page 7 department heads may produce a flex schedule based on their approval. And the effective date of the contract should move from January 1, 2023 to October 1, 2022. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.074 B. Apurove the Purchase of Emt)lovee Short Term Disabilitv Insurance from Lincoln Financial Grout) with an Adiustment from the Enterprise. Stormwater and General Fund Budgeted Reserves (Transmittal, RFP Evaluation) MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to remove this item that was tabled at the April 12, 2023 meeting. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve the purchase of employee short term disability insurance from Lincoln Financial Group. There was no public input. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.019 C. Consider At)nroval of the Charter Officer's Pav Raises (Transmittal. Chart.. Minutes) MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve the Charter Officer pay raises back to October 1, 2022, in accordance with the chart provided in the backup. This included the pay for former City Attorney Manny Anon. There was no public input. Council Member McPartlan said he couldn't give the charter officers the increase in good faith until all of the union contracts are completed at this time. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye 26 of 298 Regular City Council Meeting May 24, 2023 Page 8 Council Member Dodd - aye Council Member McPartlan - nay Motion carried. 4-1 23.019 D. Approve the Citv Clerk's Renegotiated EmDlovment Contract in Accordance with Resolution No. R-23-03 (Transmittal, Contract) Council Member Dodd asked what the effective date would be of the contract. The Interim City Attorney advised that he and the Clerk were in agreement that she wouldn't sign the agreement until the exempt employees benefit package was approved at the next Council meeting. Once the agreement was signed, that would be the effective date. MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the employment agreement with the City Clerk to be effective upon execution by the City Clerk. There was no public input. 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 12. NEW BUSINESS 23.036 A. Resolution No. R-23-09 — Accepting the 2"d Ouarter Financial Report and Recognizing Necessary Amendments and Adiustments to the FY 2022-2023 Annual Budget (Transmittal. R-23-09. Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Chief Financial Officer said the amendment included the adjustments made by the City Manager under his authority. Most of the transfers were from the non -department accounts with the contribution of the CRA fund, and insurance premium accounts. The City is on target with the general fund account; the stormwater fund is at a 94% collection rate; the golf course's revenues are up $100,000 from last year; the airport's property premiums are expected to go up; and the building fund's operating expenses are lower this month. He reminded Council that the capital projects include grant funds that haven't been received yet and asked Council for any questions. 27 of 298 Regular City Council Meeting May 24, 2023 Page 9 MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve Resolution No. R-23-09 accepting the 2"d quarter financial report and recognizing the necessary amendments. There was no public input. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.098 B. ADDrove Colin Baenziger and Associates to Provide Recruitment Services for a Citv Manager (Transmittal, Proposal, Appendices) MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to not approve the proposal from Colin Baenziger and Associates, but to just move forward. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager said this was his last meeting in Sebastian and it has been a great opportunity to serve the citizens and Council. He thanked Council for giving Brian the opportunity to serve as the interim city manager. Mayor Jones asked what is the expected date to begin the box culvert project on Laconia. The City Manager said he wasn't sure of the start date for the bridge. 15. CITY CLERK MATTERS The City Clerk advised the FDOT meeting announced at the beginning of the meeting was moved to August. 16. CITY COUNCIL MATTERS A. Council Member McPartlan i. Discuss Lowering the Speed Limit Throughout the Citv to 25 mph in Residential and Other Certain Roads Similarlv to Port St. Lucie 28 of 298 Regular City Council Meeting May 24, 2023 Page 10 Council Member McPartlan said there are a lot of residential areas that have a 30 mph speed limit but you really can't have two cars going 30 mph alongside each other. He suggested they have a 25 mph in most residential areas unless otherwise noted. Mayor Jones noted the state minimum is 30 mph and you can go up to 5 mph over the limit without receiving a citation. Council Member Dodd said he would like to see a study completed on the impact, advantages and cost of lowering the speed limit. Council Member Dixon said she has been looking at the different news articles on this. She noted that people will still disregard the posted speed limit. Vice Mayor Nunn said he wasn't in favor of changing the whole City to 25 mph but there are some streets that may require a lower speed limit. Council Member McPartlan said he was concerned with residential areas. Mayor Jones suggested tasking the Police Department to do some selective enforcement that will help slow down speeders over time. He said it wouldn't take long for people to become aware. B. Mayor Jones thanked the City Manager for his service over the last five years and always answering his questions. C. Vice Mayor Nunn also thanked the City Manager for his service and answering his requests for information and knowledge. He said he lost good friend Saturday, and he reminded everyone to tell their family that they love them and never take a day for granted. D. Council Member Dixon said it has been great working with the City Manager and wished him luck. E. Council Member Dodd thanked the City Manager for making every effort in assisting Brian in the transition. He said he noticed the American Legion has finished their project on their property and it looks really good. Mayor Jones noted that was due to the contractor. Mayor Jones thanked Felicia Gordian, the City's Environmental Technician, for going out with the Marine Resources Council to tour the Sebastian River Greenway Preserve and Nursery the other day. He said it was very important to share the information on how to protect the lagoon. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 7:31 p.m. 29 of 298 Regular City Council Meeting May 24, 2023 Page 11 Approved at the June 14, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 30 of 298 UtYp §E,.BA5-L kN HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting; Date: June 14, 2023 ,Agenda Item Title: Resolution R-23-14 — Subdivision Final Plat - Spirit of Sebastian PUD Pod 2 Recommendation: Review plat dedications, Engineer's remaining cost estimate, and surety guarantee for remaining construction items (Letter of Credit). Staff recommends approval of Resolution R-23-14 to accept the final plat for Spirit of Sebastian PUD - Pod 2. Background; Spirit of Sebastian, LLC, has filed an application for final plat approval for Pod 2 of the Spirit of Sebastian PUD subdivision, located between Old Dixie Highway and Del Monte Road. This phase of the subdivision includes 60 lots, stormwater and recreation tracts, entry roadways, and required utilities. Staff has verified that the final plat is in accordance with the preliminary plat approved by Resolution R- 20-29 on December 9, 2020, and the applicable thirteen (13) conditions of approval, as amended by Resolution R-22-06 approved on January 26, 2022, have been met. The Revocable License Agreement to Encroach into Right -of -Way Easement was executed on January 27, 2022, and recorded, and the conditions of dedication established within the document have also been met. The Interim City Attorney has reviewed the plat dedications. Additionally, all surveying details have been satisfied in accordance with Florida Statutes, as reviewed by Mr. Bill Moody, P.S.M., City Consulting Surveyor. As allowed by the City's land development regulations, the developer has posted a Letter of Credit in the amount of 110% of anticipated construction completion costs so as to permit final platting, and thus conveyance of the property prior to completion of infrastructure and site development requirements. If Agenda Item Reouires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Resolution R-23-14 4. Engineer's Cost Estimate for Remaining Items 2. Final Plat 5. Letter of Credit 3. Pod 1 & 2 Location Map 6. Application Administrative Services Departmme Review: CityAttorney Review: / '' y f Procurement Division Review, if applicable: City Manager Authorization: Date: 31 of2)8 RESOLUTION NO. R-23-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SPIRIT OF SEBASTIAN PUD — POD 2; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Spirit of Sebastian, LLC, has filed an application for approval of a final plat for Pod 2, a phase of a residential subdivision known as Spirit of Sebastian PUD; and WHEREAS, in compliance with Land Development Code Section 544-19.5(f)(2), proper surety documents have been posted with the City for the remaining required subdivision improvements according to an itemized Cost Estimate document certified on May 26, 2023 by the project's engineer, John H. Blum, P.E.; and WHEREAS, the final plat complies with all applicable Florida State Statutes and city regulations. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Spirit of Sebastian PUD - Pod 2, prepared February 6, 2023, by David E. Luethje, PSM, with the latest revision date of April 19, 2023. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: 32 of 298 Mayor Fred Jones Vice Mayor Christopher Nunn Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this le day of June 2023. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Andrew Mai, Esq., Interim City Attorney 2 CITY OF SEBASTIAN, FLORIDA Fred Jones, Mayor 33 of 298 CERTIFICATE OF DEDICATION: STATE OF FLORIDA COUNTY OF INDIAN RIVER KNOW ALL MEN BY THESE PRESENTS THAT, SPIRIT OF SEBASTIAN, LLC., A FLORIDA LIMITED LIABILITY COMPANY, FEE SIMPLE OWNER OF THE LAND DESCRIBED AND PLATTED HEREIN, AS SPIRIT OF SEBASTIAN PUD - POD 2, BEING IN THE MUNICIPAL BOUNDARIES OF THE CITY OF SEBASTIAN FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: 1. STREETS AND RIG12TS OF WAY ACAS TRAIN 2 AND ACCESS EASEMENTS• ALL. STREETS AND RIGHTS OF WAY, ACCESS TRACT 2, AND ACCESS EASEMENTS AS SHOWN ON THIS PLAT ARE HEREBY DECLARED TO BE AND SHALL REMAIN PRIVATE. THEY ARE DEDICATED FOR THE USE AND BENEFIT OF THE OWNERS AND RESIDENTS OF THIS SUBDIVISION AND ALL OWNERS AND RESIDENTS OF ALL REAL PROPERTY THAT MAY BE ADDED TO THE DEVELOPMENT BY FUTURE PLATS AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. ITS SUCCESSORS AND OR ASSIGNS. ALL PUBLIC AUTHORITIES, INCWDING BUT NOT LIMITED TO POLICE, FIRE, MOSQUITO CONTROL DISTRICT, AMBULANCE, AND URLIII' PROVIDERS SHALL HAVE THE RIGHT TO USE THE STREETS IN THE COURSE OF PERFORMING THEIR RESPECTIVE DUTIES, THE CITY OF SEBASTIAN, FLORIDA, SHALL RAVE NO RESPONSIBILITY, DUTY OR LIABILITY WHATSOEVER REGARDING SUCH STREETS. 2• LIFT STATION EASEMENT (LS.E,) AND UTILITY EASEMEMS (U.E.): THE LIFT STATION EASEMENT (L"S.E), AND UTILITY EASEMENTS (U.E.) AS SHOWN ARE DEDICATED IN PERPETUITY TO INDIAN RMER COUNTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTILITIES 13Y ANY UTILITY PROVIDER, INCWDING CABLE TELEVISION SERVICES, IN COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS AS MAY BE ADOPTED FROM TIME TO TIME BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. FROM YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS AND EGRESS AS APPROVED BY THE CITY OF SEBASTIAN. ANY AND ALL PAVED AREAS/SURFACES WHICH ARE EXCAVATED OR OTHERWISE DISTURBED FOR UTIUTY WORK OR OTHERWISE, THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC SHALL BE RESPONSIBLE FOR THE REPAIR OR RESTORATION OF SUCH AREAS. 3. DRAIRASE EASEIw.'�N15 (0,L) AND STORMWATER TRACTS 1 AND 2; THE DRAINAGE EASEMENTS (D.E) AND STORMWATER TRACTS i AND 2 AS SHOWN ARE DEDICATED IN PERPETUITY TO ARID SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. FOR CONSTRUCTION AND MAINTENANCE OF SUCH FACILITIES. THE SPIRIT OF SEBASTIAN PUD - POD 2 RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST ONE -QUARTER (1/4) OF THE SOUTHEAST ONE -QUARTER (114), THE SOUTHWEST ONE -QUARTER (114) OF THE NORTHEAST ONE -QUARTER (1/4) AND THE SOUTH ONE-HALF (112) OF THE NORTH ONE-HALF (1/2) OF THE SOUTHEAST ONE -QUARTER (1/4) OF THE NORTHEAST ONE -QUARTER (1/4), LYING WESTERLY OF THE RIGHT OF WAY OF OLD DIXIE HIGHWAY, ALL LYING AND BEING IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA THERE MAY BE ADDITIONAL COVENANTS, RESTRICTIONS, OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PLAT BOOK: PAGE: CFN: CLERK'S FILE NUMBER `--- -- - CERTIFICATE OF TITLE: SLERTI JC OF THE CLERK OF THE CIRCUIT CQj . -� T�---i.-i--1==T=-: • -sEMq x'cuiuos' -i- . - --.iinlriaxs=fi /(TE ZjF IDA lEI,_ uxgxo AF : i rnE`o shut _ L I, CHRISTOPHER H. MARINE, ESQ. Ap ATTORNEY LICENSED TO PRACTICE IN THE STATE OF FLORIDA COUNTY OF INDIAN RIVER -I. CERTIFY THAT, AS OF THIS (�, (a 2023, THE LANDS AS DESCRIBED AND SHOWN ON THIS Paoxo, PUTT ARE IN THE NAMES OF, AND APPARENT RECORD TITLE IS HELD BY, THE PERSONS EXECUTING THE DEDICATION; THAT ALL TAXES HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED BY CHAPTER 197.192, 1 JEFFERY R. SMITH, CLERK OF THE CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA STATUTES, AS AMENDED; AND THAT MORTGAGES, DENS AND OTHER ENCUMBRANCES AGAINST FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS PLAT OF THE SPIRT OF SE9ASTIAN PUD - THE LAND ARE AS FOLLOWS: POD 2 SUBDIVISION AND THAT IT COMUES WITH ALL THE REQUIREMENTS OF CHAPTER 177 OF THE pw Ku 2 EQ`IIVG M L E: lMW VSE: ��� zoM�w. riuR LAW U6E' W't Pooxo,2 20NIIG: POUR LMDUSE'EW Pmx3 , LAWS OF FLORIDA, AS AMENDED. THIS PLAT FILED FOR RECORD THIS DAY OF MORTAGE IN FAVOR OF (THINK FINANCIAL CREDIT UNION DATED JULY 14, 2021 AND RECORDED IN _______ _ _. _, 2023. AND RECORDED IN PLAT BOOK PAGE _, CLERK'S FILE R OFFICIAL RECORD BOOK 3444, PAGE 561. NUMBER (CFN) IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA. ASSIGNMENT OF LEASES, RENTS, AND PROFITS IN FAVOR OF ITHINK FINANCIAL CREDIT UNION DATED 4 JULY 14, 2021 AND RECORDED IN OFFICIAL RECORD BOOK 3444, PAGE 589, JEFFERY R. SMITH, CLERK OF CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA GOULD COOKSEY FENNELL, PLLC BY; 979 BEACHLAND BLVD. VERO BEACH, FL 32963 DEPUTY CLERK ,MORTGAGO S CONSENT: BY: STATE OF FLORIDA CHRISTOPHf'W�H. MART , ESQ. COUNTY OF INDIAN RIVER CITY OF SEBASTIAN IS GRAFTED THE RIGHT TO USE AND DRAIN INTO THE EASEMENTS AND TRACTS AND acir I r y,� r FLORIDA BAR NO.: 3 r6 1 THINK FINANCIAL CREDIT UNION, THE OWNER AND HOLDER OF A CERTAIN MORTGAGE AND SECURITY ALSO GRANTED THE RIGHT, BUT NOT THE OBLIGATION, TO PERFORM EMERGENCY MAINTENANCE ON THE AGREEMENT DATED ONLY 14, 2021 AND RECORDED JULY 15, 2021 IN O.R. BOOK 3444 PAGE D561, IN EASEMENTS AND TRACTS, THE INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT HAS THE RIGHT OF - THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHICH MORTGAGE ENCUMBERS THE ENTRY UPON THESE EASEMENTS AND TRACTS FOR THE UNTIED PURPOSE OF INSPECTION, PREVENTION, W �E.� • ; - 3%s- 'r _ TF OF SURVEYOR: PROPERTY, DOES HEREBY CONSENT TO THE DEDICATION HEREON AND DOES SUBORDINATE ITS OR TREATMENT OF MOSQUITO CONTROL INFESTATIONS AS ALLOWED BY LAW. VICINITY MAP " KNOW ALL MEN BY THESE PRESENTS, TEAT THE UNDERSIGNED, BEING A LICENSED AND REGISTERED MORTGAGE TO SUCH DEDICATION. 4. LAID_ MAINTENANCE EASEMENTS: SME: Vc 4W n PROFESSIONAL SURVEYOR AND MAPPER, DOES HEREBY CERTIFY THAT ON FEBRLMJ7Y 15. 2021, HE WITNESS MY HAND AND OFFICIAL SEAL THIS q_ DAY OF 11NP , 2023. THE LAKE MAINTENANCE EASEMENTS AS SHOWN ARE DEDICATED IN PERPETUITY TO AND SHALL BE THE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THE FOREGOING PLAT; THAT SAID PLAT IS A PERPETUAL MAINTENANCE OBLIGATION OF SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. CORRECT PRESENTATION OF THE LANDS THERON DESCRIBED AND PLATTED OR SUBDIVIDED; THAT THIS UHINK : t UAL CREDIT UNION FOR CONSTRUCTION AND MAINTENANCE OF SUCH FACILITIES. ACCEPTANCE OF DEDICATIONS: PLAT CONFORMS TO THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES; THAT PERMANENT REFERENCE MONUMENTS; PERMANENT CONTROL POINTS AND INDIVIDUAL LOT CORNERS HAVE BEEN SET AS 5• LANDSCAPE TRACTS 1. 2 AND 610CAPE EASEMENTS: THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. HEREBY ACCEPTS EACH AND EVERY SHOWN THEREON AS REQUIRED FURI IRED BY CHAPTER 177, FLORIDA STATUTES, AS AMENDED AND CITY OF AN ~ THE LANDSCAPE TRACTS 1, 2 AND THE LANDSCAPE EASEMENTS AS SHOWN ARE DEDICATED IN DEDICATION TO IT CONTAINED ON THIS PLAT AND ACCEPTS THE MAINTENANCE RESPONSIBILITY FOR THE SEBASTIAN SUBDIVISION AND PLATTING ORDINANCE, LAND DEVELOPMENT CODE ARTICLE XIX; AND THAT SAID ANTHONY NO, .SSSTAM VICE PRESIDENT PERPETUITY TO AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SPIRIT OF SEBASTIAN STREETS AND RIGHTS -OF -WAY, ACCESS TRACT 2, ACCESS EASEMENT'S, STORMWATER TRACTS 1 AND 2, LAND IS LOCATED IN INDiM! RIVER COUNTY, FLORIDA. SURVEY TIES TO FOUND GOVERNMENT CORNERS AND PROPERTY OWNER'S ASSOCIATION, INC. FOR LANDSCAPING, BUFFERING, AND DRAINAGE PURPOSES. LAKE MAINTENANCE EASEMENTS, DRAINAGE EASEMENTS, LANDSCAPE TRACTS 1 AND 2, LANDSCAPE TO INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORMS TO FEDERAL GEODETIC EASEMENTS, RECREATION TRACT 1, AND SIDEWALK EASEMENTS. CONTROL COMMITTEE THIRD ORDER CLASS I STANDARDS. WITNESS: P I y, - WDNESS:I _ Icrtr�sEwsnul — — —r— ZOY'4N r� 1 ZOW&I I / EA'OUSE,Z Ma ZaEW GG 1MO115EC^+ P00 NuZ LAWUSE / I'R L) ROUE (ma ZOxNSflAR (an Df EEBRST,WI ., ZmIa PIpR i LMOUSI� _ % TAW USF.tP SE345T.gy� ��p,Wrt�',� r (Gi1'OF9E§ASPAYI tMI) E w+o Lug u 6. SIDEWALK EASEMENTS (S.E.T: THE SIDEWALK EASEMENTS (S.E.) AS SHOWN ARE DEDICATED IN PERPETUITY TO AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. FOR THE USE AND BENEFIT OF THE OWNERS AND RESIDENTS OF THE SUBDIVISION, THEIR GUESTS By.1- 1'lf91T; AND OTHER PERMISSIBLE USERS FOR PROPER PURPOSES. CHARLB R. MECHUNG, PRESIES91 7. 11UM&USSEA OWNER'S SPIRIT FASSDGATION INC. SEBASTIAN PROPERTY THE 1.03 FOOT WIDE LIMITED ACCESS EASEMENTS (LAE.) AS SHOWN ARE DEDICATED IN PERPETUITY TO THE CITY OF SEBAST,AN FLORIDA FOR THE PURPOSE OF CONTROL AND JURISDICTION OVER ACCESS RIGHTS. WITNESS: PRINT NAME: I�aME t4 �• i� V `E J WITNESS: fy &U)A4•f BY: DAVID E. LUEHJE, P.S.N. N0. 5728 PRINT NAME: Jcss+c'n Sht.Lii & GARTER ASSOC., INC., L.B. 205 STREET, VETO BEACH, FL 1708 21st BEACH, R TIO\' 1 AS SHOWN ON THIS PLAT ARE DEDICATED IN PERPETUITY TO THE SPIRIT OF SOME TO SE O TANCF ONS: QEDICATI SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. FOR RECREATIONAL PURPOSES. SAID TRACT SHALL BE COUNTY OF DTDIMI RWER THE PERPETUAL MAINTENANCE OBLIGATION OF SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF -11AnF 2023, BY CHARLES R. MECHUNG PRESIDENT OF SPIRT OF SEBASTIAN 9. TRACT X: PROPERTY OWNERS ASSOCIATION, INC. A FLORIDA CORPORATION, WHO EXECUTED ON BEHALF OF AND TRACT X AS SHOWN ON THIS PLAT IS HEREBY RESERVED UNTO SPIRIT OF SEBASIM, LUC, A FLORIDA WITH THE AUTHORITY OF SAID CORPORATION. HE IS PERSONALLY KNOWN TO ME AND DID TAKE AN OATH. LIMITED LIABILITY COMPANY, FOR FUTURE DEVELOPMENT. IN WITNESS WHEREOF THE ABA NAMED FLORIDA LIMITED LIABILITY COMPANY HAS CAUSED THESE - PRESENTS TO BE SIGNED BY ITS MANAGER THIS A DAY, OF _lEiJhLF 2023. NARY PUBLIC, STATE OF FLORIDA A FLORIDA LIMITED LIABILITY COMPANY PRIMED NAME:�IS.L�IP BY: — ROBERT J. VOTAW, MANAGER COMMISSION 01�122Y2 7 1 MY COMMISSION EXPIRES: It1, 11 um WITNESS: �i T>/ WITNESS:—.ipfd,Ll b�t�?+-' NOTARY STAMP PRINT NAME: v Q K,'S 6- PRINT NAME: sS LL[Q She I }'YQ_ 6NOWLEDSr1ff1t1[ TO CERTIFICATE OF DMQMk STATE OF FED COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS A DAY OF -3LAnf 1 2023. BY ROBERT J. VOTAW, AS MANAGER OF SPIRIT OF SEBASTIAN, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHO EXECUTED SAME ON BEHALF OF AND WITH AUTHORITY OF SAID AUTHORIZED MEMBER. HE IS EITHER PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION. NOT PUBUC, STATE OF FLORIDA PRINTED NAME bd� 10 1 �' COMMISSION NO: 11dZ242 MY COMMISSION EXPIRES: s f IS 2,024 NOTARY STAMP PRINTED NAME i4lga0a c P aRRINTED NAME -'r16vls1 ,,`Les. DATE: 6- L• T9=y ACKNOWEDG0�����NSENT, STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY SURVEYOR CERDTAMy; BEFORE ME PERSONALLY APPEARED ANTHONY FURINO, WHO IS PERSONALLY KNOWLjQ THIS PLAT OF THE SPIRT OF SEBASTIAN PUD - POD 2 SUBDIVISION HAS BEEN RENEWED BY THE TH PRODUCED AS IDENTIFICATION AND WHO E LUTED UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY THE CITY OF SEBASTIAN, FOR THE FOREGOING ACKNOWLEDGED INSTRUMENT AS ASSISTANT VICE PRESIDENT THINK FINANCIAL CREDIT CONFORMITY TO THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES. UNION AND CKNOWLEDGED T AND BEFORE ME THAT HE/SHE EXECUTED AS SUCH OFFICER OF SAID BANK, WITH FULL LL AUTHORITY TO DO S0. BY: U`_ DATE: G /7 i6ZZ WITNESS MY HAND AND OFFICIAL SEAL THIS �_ DAY OF .�tw„r 2023. BILL M. MOODY, P.S.M. NO, 5336 11- - _ ---- - - CITY SURVEYOR FOR SEBASTIAN, FLORIDA NO& PUBLIC, STATE OF FLORIDA CERTIFICATE OF APPROVAL AND ACCEPTANCE BY THE CITY COMU PRINTED NAMF-3001k I-.t-nEyllc COMMISSION NO:.iUAI.7 qL THIS IS TO CERTIFY, THAT ON 2023 MY COMMISSION EXPIRES: 5 f Is,1 U2,4 THE FOREGOING PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN AND NOTARY STAMP ACCEPTED. ACCEPTANCE OF LIFT STATION EASEMENT (I S F.) AND UTILITY A EMEMS (U E.I BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. jfflD ; FRET JONES, MAYOR KAREN MILLER, P.E., CITY ENGINEER THIS IS TO COMFY THAT ON 2023 THE LIFT STATION EASEMENT AND UTILITY EASEMENTS ARE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. BY: r � DATE Tyr •� • iDt JEANETTE WILLIAMS, M.M.C., CITY CLERK ANDREW MAT, ESQ., INTERIM CITY ATTORNEY AAA JOSEPH . MAN, CHAT ATTEST: JEFFERY R. SMITH, CLERK OF COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA BY* DEPUTY CLERK CLERK TO THE THE CITY OF BOARD OF COUNTY CITY SEAL OF CLERK OF PROJECT SEBASTIAN COMMISSIONERS SURVEYOR'S SEAL CIRCUIT COURT SURVEYOR'S SEAL THIS INSTRUMENT WAS'PREPAREO BY:DAVID E. LUETHJE, P.S.M. DATE: FEBRUARY 6, 2023 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND PROFESSIONAL SURVEYORS AND MAPPERS 1708 21st. STREET VERO BEACH, FLORIDA 32960 TEL.(772) 562-4191 FAX.(772) 562-7180 PROJECT # 17-42E HET �FQ�2 SPIRIT OF SEBASTIAN PUD - POD 2 PLAT BOOK: RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) PAGE: A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST ONE -QUARTER (1A) OF THE SOUTHEAST ONE -QUARTER (114), THE SOUTHWEST ONE -QUARTER (1/4) OF THE NORTHEAST ONE -QUARTER (1/4) AND THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2) CFN: OF THE SOUTHEAST ONE -QUARTER (1/4) OF THE NORTHEAST ONE -QUARTER (1/4), LYING WESTERLY OF THE RIGHT OF WAY OF OLD DIXIE HIGHWAY, ALL LYING AND BEING IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA CLERK'S FILE NUMBER THERE MAY BE ADDITIONAL COVENANTS, RESTRICTIONS, OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. COVENANTS, RESTRICTIONS OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PUTT ARE FILED IN OFFICIAL RECORD BOOK , PAGE OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LICENSE QENCROACH: THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. SHALL BEAR THE RESPONSIBILITY FOR MAINTENANCE OF THE IMPROVEMENTS FOR ACCESS, DRAINAGE AND LANDSCAPING WITHIN THE AREA DESCRIBED IN THE UCENSE TO ENCROACH DOCUMENT RECORDED IN OFFICIAL RECORD BOOK 3508, PAGE 1682. DESCRIPTION OF POD NO. 2 OF SPIRIT OF SEBASTIAN: NOTICE: A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST ONE -QUARTER (1/4) OF THE SOUTHEAST ONE -QUARTER (1/4), THE SOUTHWEST ONE -QUARTER 1. THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED (1/4) OF THE NORTHEAST ONE -QUARTER (1/4) AND THE SOUTH ONE-HALF (1/2) OF THE NORTH ONE-HALF (1/2) OF THE SOUTHEAST ONE -QUARTER (1/4) OF LANDS DESCRIBED HEREIN AND WILL T NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY IN ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THE NORTHEAST ONE -QUARTER (1/4), LYING WESTERLY OF THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY, ALL LYING AND BEING IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 00'22'O8' WEST ALONG THE NORTH -SOUTH ONE -QUARTER SECTION LINE, A DISTANCE OF 222.77 FEET TO THE POINT OF BEGINNING. FROM SAD POINT OF BEGINNING RUN SOUTH BV37'52' EAST A DISTANCE OF 250.05 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 150.00 FEET. A CENTRAL ANGLE OF 60'12'2Y, SUBTENDED BY A CHORD BEARING OF NORTH 30'20'22' EAST, A CHORD DISTANCE OF 150.47 FEET AND AN ARC DISTANCE OF 157.62 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 00'14'10' EAST, A DISTANCE OF 759.94 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 89-29'24, SUBTENDED BY A CHORD BEARING OF NORTH 44'58'52' EAST, A CHORD DISTANCE OF 105.59 FEET AND AN ARC DISTANCE OF 117.14 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 8W43'56' EAST, A DISTANCE OF 224.27 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 74.98 FEET, A CENTRAL ANGLE OF 90'31'31', SUBTENDED BY A CHORD BEARING OF SOUTH 45'01'4T EAST, A CHORD DISTANCE OF 106.52 FEET AND AN ARC DISTANCE OF 118.46 FEET TO A POINT OF TANGENCY; THENCE RUN -SOUTH 00'13'59' WEST, A DISTANCE OF 381.25 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 7743'OY, SUBTENDED BY A CHORD BEARING OF SOUTH 3635'3V WEST, A CHORD DISTANCE OF 177.85 FEET AND AN ARC DISTANCE OF 190.37 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 72'43'OY, SUBTENDED BY A CHORD BEARING OF SOUTH 3635'30' WEST, A CHORD DISTANCE OF 201.57 FEET AND AN ARC DISTANCE OF 215.76 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH OD'13'59' WEST, A DISTANCE OF 50.00 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY RANG THE CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 196.00 FEET, A CENTRAL ANGLE OF 63'21'11', SUBTENDED BY A CHORD BEARING OF SOUTH 31'26'3T FAST, A CHORD DISTANCE OF 205.85 FEET AND AN ARC DISTANCE OF 216.72 FEET TO A POINT OF NON -TANGENCY; THENCE RUN SOUTH 00'22'08' WEST, A DISTANCE OF 6.90 FEET; THENCE RUN SOUTH 8T37'52' EAST A DISTANCE OF 3.10 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 775.00 FEET, A CENTRAL ANGLE OF 26'48'OT, SUBTENDED BY A CHORD BEARING OF SOUTH 76'13'48' EAST, A CHORD DISTANCE OF 359.24 FEET AND AN ARC DISTANCE OF 362.53 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHEASTERLY ALONG THE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 40.OD FEET, A CENTRAL ANGLE OF 85'43'19', SUBTENDED BY A CHORD BEARING OF NORTH 74'18'36' EAST, A CHORD DISTANCE OF 54.42 FEET AND AN ARC DISTANCE OF 59.85 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 31'26'57* EAST, A DISTANCE OF 66.08 FEET; THENCE RUN NORTH 31'08'30' EAST, A DISTANCE OF 101.36 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHEASTERLY RANG THE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 2T19'03% SUBTENDED BY A CHORD BEARING OF NORTH 14'23'30' EAST, A CHORD DISTANCE OF 207.92 FEET AND AN ARC DISTANCE OF 210.05 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 00'13'59' EAST, A DISTANCE OF 910.84 FEET; THENCE RUN NORTH 02'5B'42' EAST, A DISTANCE OF 48.54 FEET TO A POINT OF CURVATURE; THENCE RUN EASTERLY ALONG THE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 03'09'53% SUBTENDED BY A CHORD BEARING OF NORTH 88-13'30- EAST, A CHORD DISTANCE OF 29.00 FEET AND AN ARC DISTANCE OF 29.00 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 89'48'2T EAST, A DISTANCE OF 16B.70 FEET TO THE EAST LINE OF THE EAST ONE-HALF OF THE AFORESAID SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER; THENCE RUN NORTH 00'13'59' EAST ALONG THE EAST LINE OF SAID EAST ONE-RRALF OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 25.00 FEET TO THE NORTH LINE OF THE AFORESAID SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 7; THENCE RUN NORTH 8T48'2T EAST ALONG SAID NORTH UNE OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 345.50 FEET TO THE WEST RIGHT OF WAY UNE OF OLD DIXIE HIGHWAY AS DESCRIBED IN OFFICIAL RECORD BOOK 1095, PAGE 2674, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID WEST RIGHT OF WAY LINE ALSO BEING 60.00 FEET PARALLEL WITH AND PERPENDICULAR TO THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY COMPANY (75 FDOT WIDE RIGHT OF WAY); THENCE RUN SOUTH 21'40'25" EAST ALONG SAID WEST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY A DISTANCE OF 357.46 FEET TO THE SOUTH UNE OF THE AFORESAID SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 7; THENCE RUN SOUTH 89'47'2V WEST ALONG SAID SOUTH UNE A DISTANCE OF 478.87 FEET TO THE AFORESAID EAST LINE OF THE EAST ONE HALF OF THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 7; THENCE RUN NORTH 0913'59' EAST ALONG SAD EAST LINE A DISTANCE OF 257.79 FEET; THENCE LEAVING SAID EAST LINE RUN SOUTH 89'48'2T WEST, A DISTANCE OF 125.19 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY RANG THE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 89'34'28, SUBTENDED BY A CHORD BEARING OF SOUTH 45TV13' WEST, A CHORD DISTANCE OF 35.22 FEET AND AN ARC DISTANCE OF 39.08 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 0713'59' WEST, A DISTANCE OF 885.66 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHWESTERLY ALONG THE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 475.00 FEET. A CENTRAL ANGLE OF 2312'461, SUBTENDED BY A CHORD BEARING OF SOUTH 11'50'22' WEST, A CHORD DISTANCE OF 191.13 FEET AND AN ARC DISTANCE OF 192.44 FEET TO A POINT OF NON -TANGENCY; THENCE RUN SOUTH 63'18'19' EAST, A DISTANCE OF 28.00 FEET; THENCE RUN SOUTH 76'DO'54' EAST, A DISTANCE OF 168.16 FEET TO THE EAST LINE OF THE AFOREMENTIONED NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 7; THENCE RUN SOUTH 01714'40' WEST ALONG SAID EAST LINE A DISTANCE OF 435.48 FEET; THENCE LEAVING SAID EAST LINE RUN SOUTH 0011'13' EAST, A DISTANCE OF 39.16 FEET; THENCE RUN SOUTH 50'39'21' WEST, A DISTANCE OF 60.41 FEET; THENCE RUN NORTH 39-20'39" WEST, A DISTANCE OF 212.50 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG THE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 725.00 FEET, A CENTRAL ANGLE OF O6'07'08', SUBTENDED BY A CHORD BEARING OF NORTH 4724'13' WEST, A CHORD DISTANCE OF 77.39 FEET AND AN ARC DISTANCE OF 77.43 FEET TO A POINT OF CUSP; THENCE RUN SOUTHWESTERLY ALONG THE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 600.00 FEET A CENTRAL ANGLE OF 41'33'41', SUBTENDED BY A CHORD BEARING OF SOUTH 21'07'36' WEST, A CHORD DISTANCE OF 425.75 FEET AND AN ARC DISTANCE OF 435.23 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 00'20'45' WEST, A DISTANCE OF 387.88 FEET; THENCE RUN SOUTH 00'14'33' WEST, A DISTANCE OF 25.00 FEET TO THE SOUTH LINE OF THE AFORESAID NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 7; THENCE RUN SOUTH 89'34'24' WEST RANG SAID SOUTH LINE A DISTANCE OF 940.69 FEET TO THE AFORESAID NORTH -SOUTH ONE -QUARTER SECTION LINE AND WEST LINE OF THE NORTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 7; THENCE RUN NORTH 00'22'DB' EAST ALONG SAID NORTH -SOUTH ONE -QUARTER SECTION LINE, A DISTANCE OF 1105.02 FEET TO THE POINT OF BEGINNING. THE ABOVE -DESCRIBED LAND CONTAINING 1,660,023.93 SQUARE FEET OR 38.109 ACRES. 3. NO CONSTRUCTION, TREES OR SHRUBS WILL BE PLACED IN EASEMENTS WITHOUT APPROVAL AND CONSENT OF THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. 4. ROUTINE MAINTENANCE (E.G. MDWING, ETC.) OF EASEMENTS SHALL BE THE RESPONSIBILITY THE SPIRIT OF SEBASTIAN PROPERTY OWNER'S ASSOCIATION, INC. 5. PROPERTY OWNERS ARE PROHIBITED FROM PLANTING ANY CARIBBEAN FRUIT FLY AND ASIAN CITRUS PSYLLID (CITRUS GREENING) HOST PUNTS AS SPECIFIED HEREIN AND ARE REQUIRED TO REMOVE THE SAME IF ANY EXISTS: CATTLEY GUAVA, COMMON GUAVA, LOQUAL ROSE APPLE, SURINAM CHERRY, ORANGE JASMINE AND CHINESE BOX ORANGE. FLOOD ZONE: THIS PUT LIES WITHIN FLOOD ZONE 'X', AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAN, AND FLOOD ZONE 'A' AS SHOWN ON FLOOD INSURANCE RATE MAP (FIRM) NUMBER 12061CO111 AND 12061C0112, COMMUNITY NUMBER 120119, PANELS 0111 AND 0112, SUFFIX 'H' MAP REVISED DATE DECEMBER 4, 2012, MAP INDEX DATE DECEMBER 4, 2012, AND LETTER OF MAP AMENDMENT NO. 21-04-5367A ISSUED ON 10/20/21. FLOOD HAZARD WARNING: THIS PROPERTY MAY BE SUBJECT TO FLOODING DURING A 100 YEAR BASE FLOOD EVENT. YOU SHOULD CONTACT CITY OF SEBASTAN TO OBTAIN THE LATEST INFORMATION REGARDING FLOOD ELEVATIONS AND RESTRICTIONS ON DEVELOPMENT BEFORE MAKING PLANS FOR THE USE OF THE PROPERTY. n GENERAL NOTES: N = 0 1. HORIZONTAL COORDINATE VALUES AND THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH M AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011 AND PROJECTED IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). DIMENSIONS ARE DISPLAYED IN U.S. SURVEY FEET. �. 2. THE PERMANENT REFERENCE MONUMENTS WERE SET PRIOR TO THE PLAT BEING RECORDED. PERMANENT CONTROL POINTS WILL BE SET PRIOR TO THE EXPIRATION FOR THE BOND PER CHAPTER 177.091(8). 3. THE BENCHMARKS SHOWN HEREON ARE BASED ON AND RELATIVE TO THE NORTH AMERICAN VERTICAL N DATUM OF 1988 (NAV.D. 1988). ALL ESTABLISHED BENCH MARK ELEVATIONS ARE BASED ON CLOSED N LEVEL LOOPS, RUN FROM BENCH MARKS WITH AT LEAST THIRD ORDER ACCURACY. n a d o c �a K J ` z� a m c: o� THIS INSTRUMENT WAS PREPARED BY: DAVID E. LUETHJE, P.S.M. DATE: SEPTEMBER 2, 2022 LZ CARTER ASSOCIATES, INC. a a CONSULTING ENGINEERS AND PROFESSIONAL SURVEYORS AND MAPPERS c c 1708 21st. STREET ' sls VERO BEACH, FLORIDA 32960 TEL(772) 562-4191 FAX(772) 562-7180 PROJECT k 17-42E Sl5l(3P298 VE Spirit of Sebastian PUD - Pod 2 ECE ENGINEER'S OPINION OF PROBABLE COST MAY -1 2023 5/24/23 BY: I, John H. Blum, P.E., a Florida Registered Engineer, License Number 45813, do hereby certify to City of Sebastian that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate plus 10% for said remaining improvements is $108,110.15, This estimate has been prepared, in part, to obtain approval by the City for a final plat for the Spirit of Sebastian PUD - Pod 2, and for the purpose of establishing proper surey amounts associated therewith. 5 6a',Jo H. Blum, P.E. #45813 Item No. Mesclivtion SCHEDULED VALUE "*-r % I Total f Balance to UNIT I QTY I UNIT PRICE I AMOUNT I Complete I Complete f Finish SITE WORK - 1 Mobilization LS 1 $26,300.00 $26,300.00 ° 100% $26,300.00 $0.00 2 Clearinq and Grubbinq AC 31.89 $1,925.00 $61,388.25 100% $61,388.25 $0.00 3 Silt Fence LF 6,000 $2.05 $12,300.00 100% $12,300.00 $0.00 4 Turbidity Barrier LF 50 $15.00 $750.00 100% $750,00 $0.00 5 Excavation from ponds CY 131,520 $2.95 $387,984.00 100% $387,984.00 $0.00 6 Cut to balance roadway LS 1 $5,800.00 $5,800.00 100% 55,800.00 50.00 7 Sod for lake slopes SY 22,983 $2.25 $51,711.75 95% $49,126.16 $2,585.59 8 Cut to balance lots LS 1 $17,000.00 $17,000.00 1000/0 $17,000.00 $0.00 9 12" Subqrade LBR - 40 SY 21,323 $6.99 $149,047.77 100% $149,047.77 $0.00 10 8" Base Rock LBR - 100 SY 17,777 $17.01 $302,386.77 100% $302,386.77 $0.00 11 1 1/2 SP - 9.5 Pavement SY 17,777 $13.75 $244,433.75 100% $244,433.75 $0.00 12 Rip -Rap 2' SY 1,711 $110.00 $188,210.00 100% $188,210.00 $0.00 13 Miami Curb LF 12,732 $12.75 $162,333.00 100% $162,333.00 $0.00 14 F-Curb LF 890 $15.00 $13,350.00 100% $13,350.00 $0.00 15 Sod for behind curbs SY 7,580 $2.40 $18,192.00 95% $17,282.40 $909.60 16 5trivinq, Stop Bars, &Signage LS 1 $5,185.70 $5,185.70 0% $0.00 $5,185.70 17 T-Turnaround LS 1 $4,500.00 $4,500.00 00/0 $0.00 $4,500.00 Subtotal $1,650,872.99 99.20% $1,637,692.101 $13,180.89 DEL MONTE 18 Milling 1" SY 1,172 $6.50 $7,61$.00 100% $7,618.00 $0.00 F-19 Miami Curb 2` LF 980 $14.00 $13,720.00 100% $13,720.00 $0.00 �20 Pavement 1" SP-9.5 SY 1,172 $12.80 $15,001.60 $5°10 $12,751.36 $2,250.24 +21 Fill Dirt need from inside CY 720 $5.75 $4,140.00 1000/0 $4,140.00 $0.00 A2 5' Wide Sidewalk SF 1,925 $5.85 $11,261.25 100% $11,261.25 $0.00 3 Driveways SF 2,160 $5.85 $12,636.00 100% $12,636.00 $0.00 Subtotal $64,376.851 96.50%1 $62,126.611 $2,250.24 Pagel of4 Item No. IDesCriDtion Spirit of Sebastian PUD - Pod 2 SCHEDULED VALUE % Total UNiT I QTY I UNIT PRICE I AMOUNT Complete Comple Balance to Finish OLD DIXIE HIGHWAY i 24 Silt Fence 1" LF 1,764 $2.05 $3,608.00 100% $3,608.00 $0,00 25 Millinq 1" SY 1,320 $6,90 $9,108.00 1000/0 $9,108.00 $0.00 26 V SP-9,5 Pavement SY 1,320 $13.75 $18,150,00 1000/0 $18,150.00 $0,00 27 1.5" SP - 12.5 Pavement SY 1,320 $13.75 $16,150.00 1000/0 $18,150.00 $0.00 28 14" Coquina Base Rock SY 1,320 1 $29.35 $38,742.00 1000/0 $38,742.00 $0,00 29 Sod for Edge of pavement Sdyrd 1,956 I $2.40 $4,694.40 950/0 $4,459.68 $234.72 Subtotal $92,452,40 99.75% $92,217.681 $234.72 SANITARY SEWER 30 Lift Station EA 1 $273,512.25 $273,512.25 1000/0 $273,512.25 $0.00 31 Manholes 18'-20' EA 3 $8,720.00 $26,160.00 100% $26,160.00 $0.00 32 Manholes 16'- 18' EA 3 $7,455.00 $22,365.00 1000/0 522,365.00 $0.00 33 Manholes 14'-16' EA 2 $7,190.00 $14,380.00 1000/0 $14,380.00 $0.00 34 Manholes 12"-14' EA 3 $6,875.00 $24,625.00 100% $20,625.00 $0.00 35 Manholes 10'-12' EA 3 $6,540.00 $19,620,00 1000/0 $19,620.00 $0.00 36 Manholes 8'-10' EA 4 $5,850.001 $23,400.00 100% $23,400.00 $0.00 37 Manholes 6'-8' EA 4 $4,900.001 $19,600.00 10011/0 $19,600.00 $0.00 38 Driveway for Lift Sta. EA 1 $7,100.001 $7,100.00 100% $7,100.00 $0.00 39 PVC 6-8' LF 1,192 $28.00 $33,376.00 100% $33,376.00 $0.00 40 PVC 8'-10, LF 926 $30.80 $28,520.80 100% $28,520.80 $0.00 41 PVC 10'-12' LF 887 . $33.70I $29,691.90 100% $29,891.90 $0.00 42 PVC 12'-14' LF 865 $35.001 $30,275.00 1000/0 $30,275.00 $0,00 43 PVC 14'-16' LF 445 $36.801 $16,376.00 100% $16,376,00 50.00 44 PVC 16'-18' LF 571 $37.45 $21,383.95 1000/0 $21,383.95 $0.00 45 PVC 18'-20' LF 356 $39.20 $13,955.20 100% $13,955.20 $0.00 46 20' Cut PVC LF 21 $42.041 $882.00 100°1° $882.00 $0.00 47 Single Service EA it $1,205.001 $13,255.00 100% $13,255.00 $0.00 48 Double Service EA 43 $1,365.001 $58,695.00 100°10 $58,695.00 $0.00 49 Tving Sewer LF 5,263 $3.05I $16,052.15 100% $16,052.15 $0.00 Subtotal $689,425.25 100.00% $689,425.25 $0.00 Water Main �50 i2" C-900 PVC LF 880 $74.90 $65,912.00 i00% $65,912.00 $0.00 51 12" M] GV EA 3 $4,238.00 $12,714.00 100% $12,714.00 $0.00 52 12" x 8" MJ Tee EA 1 $1,390.00 $1,390.00 1000/0 $1,390.00 $0.00 Page 2 of4 Spirit of Sebastian PUD - Pod 2 SCHEDULED VALUE Total Balance to Item No. Qescri tion UNIT QTY UNIT PRICE "AMOU"NTCompletce Complete Finish 53 12" MJ 45 Degree Bend EA 2 $1,285.00 $2,570.O0 100% $2,570.00 $0.00 54 TemporaryJumper EA 1 $3,100.00 $3,100.00 100% $3,100.00 $0.00 55 12"Tie-in E4 1 $3,075.00 $3,075.00 1000/0 $3,075.00 $0.00 56 12" x 8" M.] Reducer EA 1 I $1,075.00 51,075.00 100% $1,075.00 $0.00 57 12" Meqaluqs LS 1 $5,096,00 $5,096.00 100% $5,096.00 $0.00 58 12" MJ Plug EA 1 $820.00 $820.00 1000/0 $$20.O0 $0.00 59 8" C-900 PVC LF 2,678 $36.70 $98,282.60 1000/0 $98,282.60 $0.00 60 8" M.) GV EA 7 $2,528.00 $17,696.00 100% $17,696.00 $0.00 61 8" M) 45 Degree Bend EA 10 $702.00 $7,020.00 100% $7,020.00 $0.00 62 8" x 8" MJ Cross EA 2 $1,155,00 $2,310.00 100% $2,310.00 $0.00 63 8" MJ Plug EA 2 $680.00 $1,360.00 100% $1,360.00 $0.00 64 8"MJ 22.5 Bend EA 1 $702.00 $702.00 1000/0 $702.00 $0.00 65 8" Conflict Deflection EA 4 $1,375.00 $5,500.00 100% $5,500.00 $0.00 66 8" x 2" M3 Tee EA 1 $795.00 $795.00 100% $795.00 $0.00 67 8" x 6" Tee EA 3 $901.0O $2,703.00 100% $2,703.00 ' $0.00 68 8" x 6" Reducer EA 2 $740,00 $1,480.00 1000/0 $1,480,00 $0.00 69 8" Meqalups LS 1 $5,500.00 $5,500.00 100% $5,500.00 $0.00 70 6" C-900 PVC l.F 4,202 $29.40 $123,538.80 1000/0 $123,538.80 $0.00 71 6" x 6" Remoove & connect EA 1 I $475.00 $475,00 100% $475.00 $0,00 72 6" x 6" MI Cross EA 1 1 $770.00 $770.00 1000/0 $770.00 $0.00 73 16" MJ GV EA 13 $1,500.00 $19,500.00 1000/0 $19,500.00 $0.00 74 6" MJ 22.5 Bend EA 11 $670.00 $7,370.00 100% $7,370.00 $0.00 75 6" MI PIuq EA 3 $620.00 $1,860.00 ° 100% $1,860.00 $0.00 76 6" Conflict Deflection EA 5 $1,375.00 $6,875.00 100% $6,875.00 50.00 77 6" Tee EA 4 $704.00 $2,816.04 100% $2,816.00 $0.00 78 6" M) 45 Degree Bend EA 31 $670.00 $20,770.00 lOD°/v $20,770.00 $0.00 79 6" M] Cap EA 4 $450.00 $1,800.00 100% $1,800.00 $0.00 80 6" x 2" Blow Off EA 2 $702.40 $1,404.80 1000/0 $1,404.80 $0.00 81 Remove existing 6" Plug EA 2 $650,00 $1,300.00 10011/0 $1,300.00 $0.00 82 1" Water Meter EA 1 $2,975.00 $2,975.00 100% $2,975.00 $0.00- 83 Sample Points EA 9 $750.00 $6,750.00 100% $6,750.00 $0.00 84 6" Meqaluqs LS 1 $4,880.00 $4,880.00 1000/0 $4,880.00 $0.00 85 2"Jumper EA 1 $2,900.00 $2,900.00 1000/0 $2,900.00 $0.00 86 Pressure Testinq Ls 1 $4,500.00 $4,500.00 1000/0 $4,500.00 $0.00 t37 CH -lanes LS 1 $3,900.O0 $3,900,00 v 100 /v $3.900.00 10.00 P 88 1" RPZ EA 1 $3,150,00 $3,150.00 1000/0 $3,150.00 $0.00 tve9 1" Brass Hose Bib 1A 1 $2,190.00 $2,190.00 100% $2,190.00 $0.00 oc90 Fire Hydrant EA 8 $5,750.60 $46,004.80 100% $46,004.80 $0.00- 91 Single Service EA 4 $1,356.35 $5,425.40 100% $5,425.40 MOD 92 Double Service FA 33 $1,715.20 $56,601.60 100% $56,601.60 $0.00 Page of Spirit of Sebastian PUD - Pod 2 SCHEDULED VALUE % Total Balance to Item No. IDescription UNIT QTY UNIT PRICE AMOUNT Complete Complete Finish Subtotal $566,857.00 100.00% $566,857.00 $0.00 FORCE MAIN 93 6" PVC LF 3,454 $29.20 $100,856.80 100% $100,856.80 $0.00 94 6" MI 90 Degree Bebd E 4 $802.00 $3,208.00 100% $3,208.00 $0.00 95 6" M] 22.5 Degree Bend E 1 $770.75 $770.75 1000/0 $770.75 $0.00 96 6" MJ 45 Deqree Bend E 22 $770.75 $16,956.50 1000/0 $16,956.50 $0.00 97 6" x 6" MJ Tee EA 1 1 $790.80 $790.80 100% $790.80 $0.00 98 6" MJ GV EA 6 $1,528.60 $9,171.64 iD0% $9,171.60 $D.DO 99 6" Plug EA 1 I $690.00 $690.00 100% $690.00 $0.00 100 6" Megaluqs LS 1 $9,801.50 $9,801.54 100% $9,801.50 $0.00 101 Conflicts EA 5 $1,375.00 $6,875.00 100% $6,875.00 $0.00 102 6" Tie-in EA 1 � $2,900.00 $2,900.04 ° 100 /o $2,900.00 $0,00 103 Pressure Testing LS 1 $2,500.00 $2,500.00 100% $2,500.00 $0.00 Subtotal $154,520.95 100.00% $154,520.951 $0.00 MISCELLANEOUS 104 Common Area Landscapinq & Irrigation LS 1 $100,000.00 $100,000.00 23% $23,000.00 $77,000.00 105 FPL Installation Contribution LS 1 $29,911.04 $29,911.04 ° 90/o $26,919.94 $2,991.10 106 Survey PRM's, PCP's, & Lot Corners LS 1 $10,135.00 $10,135.00 1000/0 $10,135.00 $0.00 107 As -built Surveys LS 1 $15,000.00 $15,400.40 0 95 /° $14,250.00 $750.40 108 Engineer's Certification LS i $7,500.00 $7,500.00 750/a $5,625.00 $1,875.00 Subtotal $162,546.04 49.17% $79,929.941 $82,616.10 TOTALS $3,381,051.48 97.09% $3,282,769.531 998,281.95 Letter of Credit Amount (110%) $108,110.15 Page of VA i T H I H K moving you forword FINANCIAL Malling Address 4450 24th Avenue Vero Beach, FL 32967 P: $61.982.4700 T 800.873.5100 P. 561.226.5415 To: City of Sebastian 1225 Main Street Sebastian, FL 32958 To Whom It May Concern: IRREVOCABLE LETTER OF CREDIT Letter of Credit: No, 64 Date: 6/2/2023 Project: Spirit of Sebastian Pod 2 Subdivision Construction Developer. Spirit of Sebastian, LLC, a Florida Limited Liability Company Expiration Date: 12/31/2023 (Cannot be renewed or extended without the written permission of Spirit of Sebastian, LLC) This letter of Credit is provided to you as required per Land Development Code Section 54-4- 19.5(f)(2) relating to remaining infrastructure costs associated with Pod 2 of the Spirit of Sebastian Subdivision development. The City has the right to but is not obligated to complete the remaining infrastructure improvements. We hereby establish our Irrevocable Letter of Credit No. 64, the "Letter of Credit" in the amount of $108.110.15 in your favor for the account of the above -referenced Developer. This Letter of Credit is available against your draft(s) at sight drawn on us and accompanied by: 1. Your signed statement (purportedly signed by an officer) stating one or more of the following: "The Developer has failed to perform certain of the undertakings, covenants, terms, and conditions of Resolution R-22-26 that approved the subdivision plat with special conditions and the Subdivision Construction Plans dated December 8, 2021 that required roadways, utilities, landscape buffers and other improvements as described therein (including any duly authorized modifications thereto) within the time provided therein and any extension granted by Beneficiary, and during the life of any guaranty required from the Developer, resulting in costs incurred or to be incurred by Beneficiary in the amount of $108.110.15." OR ithinkfi.org "The Developer has failed to make prompt payment to persons supplying Iabor and material, which may include utilities service and equipment rentals, in the prosecution of the work under the Developer, in the amount of $108.110.15," OR "The Letter of Credit is scheduled to expire in less than thirty (30) days from the date hereof, and Beneficiary has not received a renewal or replacement for the Letter of Credit." 2. This Letter of Credit sets forth in full our understanding to you, and strict compliance with each and all of the terms of this Letter of Credit are required. This Letter of Credit shall not be in any way modified, amended, amplified or limited by reference to any document, instrument, or agreement referred to herein (including, without limitation, Resolution R-22-26 or the Subdivision Construction Plans), and any such reference shall not be deemed to incorporate herein by reference any such instrument, document or agreement. No change, extension of time, alteration, addition or omission to the terms of Resolution R-22-26 or the Subdivision Construction Plans or the work to be performed thereunder or the specifications accompanying same shall in any way affect the terms of this Letter of Credit. Partial draws are permitted. Any partial drawing hereunder shall be endorsed hereon by us and the Letter of Credit shall be returned to the holder hereof (except after a drawing which exhausts the available credit hereunder). This Letter of Credit is transferable upon written notice from you informing us of the name and address of the transferee. The venue is Indian River County, Florida, and any disputes will be governed by the laws of Florida. We hereby agree with drawers, endorsers and bona fide holders of draft(s) drawn under and in compliance with the terms of Letter of Credit that the same shall be duly honored upon presentation at our counters, on or before the Expiration Date Requested and Authorized by: Robe Votaw, Manag Spirit of Sebastian, LLC Issuing Financial Institution By Anthony Furino Title Assistant Vice President 49 of 298 r I anoF HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1725 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a www.citvofsebastlan.ora ❑ PUD — Conceptual Development Plan ❑ PUD — Preliminary Development Plan (50 acres or <) ❑ PUD — Preliminary Development Plan (> than 50 acres) ❑ PUD — Site Plan I$ PUD — Final Plat ❑ SITE PLAN (Administrative Approval) ❑ SITE PLAN (New Development) RECEIVED W T I C 9022 City of Sebastian Comniuniiy Devtelt;pjrit,rnt Df:,,; ❑ SUBDIVISION — Division of Single Lot (Resid.tia4 ❑ SUBDIVISION — Preliminary Plat (50 acres or <) ❑ SUBDIVISION - Preliminary Plat (> tharmacres) ❑ SUBDIVISION —Construction Plans ❑ SUBDIVISION -- Final Plat ❑ SITE PLAN (Major Modification) ❑ SITE PLAN (Minor Modification) Project Name: Spirit of Sebastian - Pod 2 Total Site Area: 38.11 Ac 1 1,660,024 SF AcreslSF Parcel ID: 31-39-07-0000-01000-00010.0 Address of Site: 11425 Old Dixie Highway Proposed Use: SF Residential PUD Land Use: Low Density Res ,honing: PUD-R Applicant Name: Spirit of Sebastian, LLC Address: PO Box 690621, Vero Beach, Florida 32969 Telephone: 772-571-5419 Email: chuck@insitesolutions.biz Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Address: Telephone: Email: Date Received: 0 !0 a :t Fee Paid: .6? Received by: 7y. �+ 3ti`6 FORM A 50 of 298 Surveyor: Carter Associates, Inc. Address: 1708 21 st Street, Vero Beach, Florida 32960 Telephone: 772-562-4191 Email. davidl@carterassoc.com I Engineer: Carter Associates, Inc. Address: 1708 21 st Street, Vero Beach, Florida 32960 Telephone: 772-562-4191 Email: johnb@carterassoc.com Pre — Application Meeting Date: I August 31, 2022 DESCRIPTION OF PROPOSED PROJECT: Proposed first phase (i.e. Pod 2) 60-lot residential development with associated recreational tract. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the perfor construction. a Charles Mechling ce' ��v�� Print name Signature Date Notary: 7 STATE OF: COUNTY: j t.1e \ps� k.� \� � 1 hereby certify that on 20;.� personally appeared UP(R rS N yaw' I,A c' who is ><_ personally known to me or has _ produced identification. Type of identification produced: SEAL Notary Public - My Commission Expires: _ # RQBERTJ. VOTAW MY COMMISSION it kid 2MI7 EXPIRES: Apa 18, 2026 FORM A 51 of 298 MYCF SEBASTM "WOME OF VEUCM fSLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 14, 2023 Agenda Item 1ltle: Approve Exempt Employee Benefits Package Recommendation: Staff requests City Council Approve as policy the Exempt Employee Benefits Package for October 1, 2022 to September 30, 2025 Backeround: The Exempt Employee Benefits Package was created by the City Manager and intends to follow the Police Union Contract. The Exempt Employee Benefits Package addresses salary, longevity pay, group health insurance, retirement plans, holidays, time sheets, leave request forms, personal leave, flextime, annual leave, sick leave, bereavement leave, workers' compensation, education reimbursement, work boots/shoes, and outside employment. The package applies to exempt employees. If adopted, as a policy by the City Council, a number of the provisions of the exempt employee benefits package would apply to the City Clerk, City Manager and City Attorney unless otherwise provided in their respective contracts. This policy can be amended at any time by the City Council. If Aeenda Item Reauires Expenditure of Funds: Total Cost: TBD Attachments: Exempt Employ Benefits Package Administrative Services Departme t Review:/1 City Attorney Review: Procurement Division Review, ffapplicable: City Manager Authorization: Date: 021 52 of 298 Gn Cf SE BASTLAN HOME OF PELICAN ISLAND Exempt Employee Benefits Package Effective October 1, 2022 to September 30, 2025 SALARY A. Any COLA percentage increase is at the discretion of the City Manager. LONGEVITY PAY Longevity Pay shall be awarded according to the following schedule. A. All exempt employees, after having completed five (5) years of continuous service with the City, will receive an increase in their base pay of three (3%) percent. The three percent increase will be added to their base pay effective the date of their fifth -year anniversary date. B. All exempt employees, after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their ten-year anniversary date. C. All exempt employees, after having completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their fifteen -year anniversary date. D. All exempt employees, after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay effective the date of their twenty-year anniversary date. E. All exempt employees, after having completed twenty-five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay effective the date of their twenty-five year anniversary date. GROUP HEALTH INSURANCE A. All full-time exempt employees who participate in the group health insurance agree to pay twenty-five dollars per month towards the premium for group insurance coverage. The City agrees to pay the remainder of the premium to provide individual group health insurance coverage. B. Full time employees eligible to decline group health insurance shall be paid $75.00 twice a month by the City. 53 of 298 C. The City agrees to pay the premiums for any full time exempt employee who participates in the group dental and vision coverage. D. Exempt employees who elect to participate in the group dependent health coverage option plan will pay a percent of the cost of the premium for health, dental and vision. The percentage will be determined on an annual basis. E. The City shall provide $15,000 term life insurance and $15,000 AD&D. Employees are eligible to purchase additional coverage per the Carrier's policy. F. Exempt Employees who retire or leave the City with twenty (20) years or more of continued service are eligible to continue only their health insurance for a maximum of 2 years. Exempt Employees will pay no less than fifty (50%) percent of the cost of single group health coverage. If the retired employee wishes to continue Dental, Vision and Life Insurance for the 2 years, the retired employee will pay 100% of the cost. The Health Reimbursement Account (HRA Card) is not part of the retirement insurance. G. The insurance premium may change each fiscal year based on renewal rates. RETIREMENT PLAN A. Mission Square (ICMARC) 401(A) Plan —City contributes 9% of gross pay. B. Mission Square (ICMARC) 401(A) Plan — New regular full time employees are eligible for entry into this plan as of the first day of the next full pay period following 60 days from their date of hire. Employees previously eligible under the PEA Pension Plan are eligible for entry into this plan immediately. C. Mission Square (ICMARC) 457 deferred compensation plan or Mission Square (ICMARC) ROTH IRA at employee's cost. Employer does not contribute to either of these accounts but the employee is eligible to contribute per IRS guidelines. HOLIDAYS The following shall be paid holidays for exempt management employees: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day TIME SHEETS AND LEAVE REQUEST FORMS A. Exempt employees must obtain prior approval for all time off of 8 hours or more by using the ADP Time Off Request or notes in the time card in ADP. B. An exempt employee's time is recorded by exception, therefore on any workday when an exempt employee works any portion of the day, no recorded time is required; however if an exempt employee works less than four (4) hours a day, OA 54 of 298 he or she must submit a Leave Request Form to their Department Head and designate vacation, sick, other or flex time. For time periods of less than half a day (4 hours), no form is necessary; however approval must be obtained from their Department Director or City Manager. Employees must accurately reflect the actual hours worked that day and not automatically put in eight (8) hours on their time sheets. Exempt employees will be paid for eighty (80) hours bi-weekly for normal workweeks, unless notified otherwise by their Department Head and/or the City Manager. PERSONAL LEAVE Exempt employees shall receive thirty-two (32) hours of Personal Leave per fiscal year. A Leave Request must be completed and approved to utilize Personal Leave. Personal leave can be taken in hourly increments. Any exempt employee starting during the year will receive a pro-rata portion of the personal leave hours as follows: • 1" three months (October through December) — 32 Hours • 2nd three months (January through March ) — 24 Hours • 3"d three months (April through June) —16 Hours • &h three months (July through September ) — 8 Hours All Personal Leave must be used by the last full pay period of the fiscal year. If the employee has not used his or her Personal Leave within the fiscal year, the Personal Leave shall be considered lost and forfeited. A new exempt employee is not eligible to take Personal Leave for the first sixty (60) days of employment unless approved by the Department Head and City Manager. FLEXTIME Exempt employee's starting and stopping hours of work shall be at the discretion of the Department Head or the City Manager. The employee must work an eight (8) hour shift Monday through Friday. An exempt employee is not eligible under the Fair Labor Standards Act for overtime pay or compensatory time; therefore the City may allow Flextime. Flextime is the ability to work at a time other than their regular scheduled eight (8) hour shift. For example, you attended a meeting the night before that went until 7:30 pm --- 3 hours past the normal leave time. You would be permitted to report to work the next day or that week 3 hours later or leave 3 hours earlier. However, prior to changing hours to use flextime, the employee must obtain approval from their Department Director or the City Manager. Flextime is not cumulative and cannot be used after that pay period ends. Flextime will not be paid out upon separation from the City. Special circumstances for use of Flextime must be approved by the City Manager. ANNUAL LEAVE A. Annual leave is earned on a pro-rata bi-weekly basis. Exempt employees will accrue annual leave based on their years of service with the agency. To clarify the rate at which an employee accrues annual leave the following table will be used. 3 55 of 298 Length of Service Bi-weekly Annual Leave Accrual Rate Hours Earned 1 Year but less than 5 years Completed 3.077 hours 80 hours 5 Years but less than 10 Years Completed 4.615 hours 120 hours 10 Years but less than 15 Years Completed 6.153 hours 160 hours 15 Years but less than 20 Years Completed 6.92 hours 180 hours 20 Years and over 7.69 hours 200 hours B. Exempt employees will not be allowed to carry over from one fiscal year to the next more than 400 hours of accrued annual leave. If during the year the employee accrues more than 400 hours of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the 400-hour maximum. If the employee does not bring the time balance down to the 400-hour maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the 400-hour maximum carryover. Annual leave will continue to accrue beyond the limitations set forth above when a Department Head or the City Manager fails to grant annual leave when requested in writing by an employee under the provisions of this section. Proper documentation signed by the Department Head or City Manager will be forwarded to the Administrative Services/Human Resources Department where it will be kept on file indicating the reasons for not granting the requested leave. C. Employees hired prior to October 1, 2022, upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation) will be eligible to be paid for his/her accrued balance of vacation leave up to a maximum of 400 hours. D. Employees hired after October 1, 2022 shall be entitled to be paid a percentage of his/her accrued balance of vacation leave up to a maximum of 240 hours. The percentage is as follows: • If separated before completing the first year — 0% • 1 Year but less than 3 Years - 25% • 3 Years but less than 5 Years - 50% • 5 Years or more - 100% E. Vacation leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid vacation leave will be required to furnish proof of the emergency or a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. SICK LEAVE A. Exempt management employees accrue leave at the rate of ninety-six hours per calendar year. Sick leave will accrue bi-weekly over twenty-six (26) periods. To clarify the rate at which an employee accrues sick leave the following table will be used. rd 56 of 298 Length of Service Bi-weekly Sick Leave Accrual Rate Hours Earned All years of service 3.692 hours 96 hours B. Exempt employees hired before October 1, 2022 with consecutive employment upon separation and in good standing (resignation or retirement with a two -week notice or medical separation) will be eligible to be paid for his/her accrued balance of sick leave up to a maximum of 600 hours. Years of EmDlovment Percentaqe Less than 1 Year 0 % 1 Year but less than 5 years Completed 25% 5 Years but less than 10 Years Completed 50% 10 Years but less than 20 Years Completed 75% 20 Years or over 100% C. Exempt employees hired after October 1, 2022 with consecutive employment may accrue up to 480 hours plus accrued time for the current year. This is to allow for Family Medical Leave. The 480 hours are not paid out when the employee separates from the City. D. Sick leave will not be approved or paid during an employee's last two (2) weeks of employment, except in the case of an emergency. An employee requesting paid sick leave will be required to furnish a doctor's note verifying that the employee was medically unable to report to work. Failure to provide this documentation will result in no pay for the day(s) in question. BEREAVEMENT LEAVE A. Time off Provision — When there is a death in an employee's immediate family, that employee shall be granted a Bereavement Leave as follows: a. 3 Days if in the State of Florida b. 5 Days if outside the State of Florida c. 2 Days if employee is part-time B. Immediate family is defined as the employee's spouse, children (including step- children, supported by a Marriage Certificate), father, mother, brother, sister, parents -in-law, grandchildren, or grandparents and grandparents in-law, domestic partner or any relative who is domiciled in the employee's household. C. Within thirty (30) calendar days from the date the employee returns to work from such absence, the employee will file a copy of the death certificate of the deceased. Said death certificate will be attached to a leave request form and forwarded to the Department of Administrative Services, Human Resources for processing. Failure to produce a death certificate will result in the employee reimbursing the City for any paid leave taken under this Article. Any employee found to have falsified his or her application request for Bereavement Leave to use this time -will be disciplined up to and including dismissal. It is understood that under certain circumstances the employee will be unable to obtain a death certificate. In this event, in lieu of a death certificate, the employee shall submit a newspaper account showing the death and the relationship of the deceased to k1 57 of 298 the employee and/or other appropriate criteria as deemed appropriate by the Administrative Services Human Resources Director. D. Any absence in excess of five (5) working days in connection with approved Bereavement Leave will be charged to accrued annual or sick leave, at the employee's option. WORKERS' COMPENSATION: Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) work days of such disability, the employee shall receive net supplemental injury pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment. B. Thereafter, the employee may utilize any accrued sick or vacation leave in order to receive supplemental injury pay based upon his/her normal net take home pay reduced by the Worker's Compensation indemnity payment until such annual or sick leave is exhausted. A. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. B. If any employee, due to an on-the-job injury, is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the supplemental injury pay. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement or for a period that exceeds one year. C. Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. D. No employee will be entitled to the supplemental injury pay described herein if the injury suffered has been determined to have been the result of intentional self -infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. E. While receiving employment connected disability benefits, an employee shall be entitled to all benefits, which he/she would normally, receive pursuant to his/her employment with the City except additional accruals of l:1 58 of 298 sick and vacation leave. F. Any covered employee receiving proceeds from a disability insurance policy and Worker's Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a total amount of more than his/her normal take home pay. EDUCATION REIMBURSEMENT Payment by the City of Sebastian for approved educational or training programs will be in conformance with the following: Eligibility--- All exempt employees are eligible for participation up to the limit of the funds available for education. A. The City of Sebastian will, upon approval of the City Manager or designee, pay tuition, required books and lab fees of regular full-time exempt employees for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the City Manager or designee, is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. The Tuition Reimbursement Plan is as follows: Grade % Paid A 90% B 75% C 50% P-Passing 90% B. Application Procedure — An exempt employee desiring to participate shall submit an application fifteen (15) working days in advance to the City Manager for final approval. C. Course Completion — If the employee achieves a grade of "C" or better in a course which is graded ---or if the employee receives a "pass" in a course which is graded on a pass/fail basis — he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to Administrative Services/Human Resources Department. Reimbursement shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his/her education achievement. D. Transportation — Transportation shall be at the employee's expense. E. Maximum Reimbursement — The reimbursement shall be available for a maximum total of twenty four (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for an eligible employee for under -graduate courses pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for college -level courses is that established annually by the State Legislature for state supported schools (under graduate credit hour fee). Should an employee elect to attend a non -state school, he/she is responsible for the difference in tuition. 7 59 of 298 F. Service Requirement — Employees, who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should an employee leave the City service within two years after completion of the course(s), he/she is required to return any payments to the City or it will be deducted from his/her final paycheck. G. City Mandated Education Courses — If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. WORK BOOTS /SHOES A. The City will provide those exempt employees from Public Works, Leisure Services, Public Facilities, and Building Department who are required to wear safety boots/shoes as a part of their job function two hundred dollars ($200.00) per fiscal year, payable to the employee the first full pay period in October of each year. Any employee receiving this benefit will be required to wear the safety boots/shoes at all times while performing their City job functions. If an employee begins employment after the first full pay in October, the boot allowance will be prorated by $16.67 per month. Safety boots/shoes must meet the requirements as established by the department. B. The City will also pay for the replacement of safety boots/shoes due to on the job damage caused as a result of an accident in the amount of no more than $200.00. The Boot/Shoe Replacement Form (Exhibit A) must accompany the accident report and be signed by the Department Head and City Manager. An incident report must accompany this request, which details how the damage occurred. The report must be signed by the employee's immediate supervisor before being submitted. If the damage was a result of the employee's negligence, the employee will pay the full cost of the replacement and may be subject to disciplinary actions. C. If the employee provides medical documentation signed by an attending physician stating that they cannot wear the safety boots/shoes due to a medical condition they will not be required to wear the safety boots/shoes. The employee will also be exempted from the benefit provision and will not receive the $200.00 annual disbursement for safety boots/shoes. D. If the employee does not complete the six (6) month probationary period for any reason, the amount reimbursed for the work boots/shoes shall be deducted from the employee's last pay check which will reflect the actual expense incurred by the City for the purchase of the work boots/shoes. SAFETY GLASSES A. With the prior approval of the employee's Department Head, the City shall pay for one (1) pair of safety glasses. Where prescription safety glasses are needed, the employee, in conjunction with the City's Vision Care Plan, shall receive an eye examination not more than once every twelve (12) months. The employee shall pay the deductible to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety frames and safety lenses for those employees required to wear prescription safety glasses not to exceed Two Hundred ($200) dollars. 8 60 of 298 B. The City will also pay for the replacement of safety lenses due to on the job breakage or prescription changes, as needed. An incident report must accompany this request, which details how the breakage occurred. The report must be signed by the employee's immediate supervisor before being submitted. OUTSIDE EMPLOYMENT Annually, before January 1s', affected employees must notify and complete a Secondary Employment Form. See Exhibit B. The City of Sebastian will be the primary employer in all cases. The City reserves the right to deny outside employment. APPROVAL OF EXEMPT BENEFIT PACKAGE This Exempt Employee Benefit Package is effective October 1, 2022. Brian A. Benton, Interim City Manager Date Witnesses Kenneth W. Killgore, Date CFO/Administrative Services Director Cynthia R. Watson, Date Human Resources Director/ Assistant Administrative Services Director W 61 of 298 ills .Y SERAS HOME Of MICAN ISLAND CITY OF SEBASTIAN 1225 Main Street Sebastian, Florida 32958 Telephone 772-388-8277 Fax 772-388-8249 SECONDARY EMPLOYMENT REQUEST FORM Farm to be Completed and Approved Annually (by January 1) Date: Employee Name: Employees Regular Work Schedule: Department: I request approval for the below described secondary employment: Name of Secondary Employer: Phone: Address Street address City State Zip Nature of Business: Hours to be worked per week -- Duties to be performed. - Duration of Employment for which approval is requested: Expected Start Date Expected End Date How to reach you in case of emergency. I hereby certify that I have read and understood the above referenced City of Sebastian's regulations regarding secondary employment and that the nature of this job and the duties I will perform are and will be consistent with said regulations_ I also agree that I will only continue my second job as long as it does not affect my job with the City of Sebastian. I understand that I must complete this form and obtain approval for the second job on an annual basis. Employee's Signature Date ❑ Approved ❑ Denied ❑ Approved ❑ Denied Department Head City Manager Assistant Administrative Services Director/HR Manager ❑ Ongwal- Human Resources ❑ Copy- Employee 10 ❑ Copy- Department Head 62 of 298 cm 0 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 14, 2023 Auenda Item Title: City Attorney Employment Agreement Recommendation_ Request the City Council consider approval of an Employment Agreement with the City Attorney. Background: At the direction of the City Council, the Mayor and the Interim City Attorney negotiated the attached employment agreement with Jennifer Cockcroft. Ms. Cockcroft was provided the Council's recommended contract and through negotiations with Ms. Cockcroft and the Mayor, the attached Agreement has been reached. The Agreement differs from the recommended contract in the following material ways as reflected in the comparison contract attached and summarized as follows: 1) Employment will commence on July 1, 2023: 2) the base rate salary was increased by three percent to reflect the recent COLA increase 3) the agreement provides for no less than 12 days vacation and 12 days sick time; 4) a vacation and sick bank is created of seven days and made available on the fast day of employment; S) City Attorney will receive a review after six months where the City Council may increase her salary; 6) The criteria for the City Attorney evaluations will be developed with the City Attorney, any evaluations will be conducted with decorum, and post -employment City Council and City Attorney agree not to engage in public disparagement; 7) City Attorney may continue to represent a prior client until project conclusion; and 8) City Attorney shall not be subject to residency requirements. If Aeenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: $147,484.67 plus benefits Funds to Be Utilized for Appropriation: Attachments: Employment Agreement Comparison Employment Agreement Administrative Services Department eview: �J� C _ J City Attorney Review: Procurement Division Review, if applicable: Nlf} i City Manager Authorization: Date: d, 63 of 298 tin Ci SE�T�i HOME OF PELICAN ISLAND AGREEMENT FOR CITY ATTORNEY THIS AGREEMENT made and entered into this 14'' day of June by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City") and Jennifer D. Cockcroft, Esq. (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, pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, City Attorney is willing to enter into a relationship with the City of Sebastian to perform the services asprovided. NOW THEREFORE in consideration of the mutual covenants contained herein, the City and City Attorney, hereby agree as follows: 1. TERM OF AGREEMENT This Agreement shall become effective upon execution by both parties. This agreement shall continue in effect until terminated pursuant to the terms of this agreement. This agreement is subject to renegotiation every three (3) years, if the City Attorney requests that it be renegotiated one (1) month before the three (3) years expires. However, if the City Attorney chooses not to renegotiate, the City Council, at their discretion, can renegotiate this agreement with the same one months' notice period. Otherwise, this agreement will continue in force for three (3) additional years. City Attorney will commence employment on July 1, 2023. lI. COMPENSATION AND BENEFITS 1. The City will compensate City Attorney a base salary rate of $147,484.67 per year, paid in twenty-six (26) equal payments. Upon completion of an evaluation, the City Council may increase the City Attorneys salary. 2. The City hereby agrees to provide and fully pay for City Attorney and her dependents, health insurance, vision care insurance, and buy up plan 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. Insurance benefits should rem M601410-1 be effective upon commencement of employment. 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 Attorneys 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. The City Attorney shall accrue vacation benefits at the same rate as provided to managerial employees of the City. but no less than 12 days' vacation leave annually. Upon 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 Council approved 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. The City Attorney shall be provided a leave bank of seven days vacation benefits upon commencement of employment which shall be made available without a waiting period. 6. The City Attorney shall accrue sick leave and discretionary time at the same rate provided to managerial employees of the City but not less than 12 days sick leave annually and discretionary leave of at least 4 days or any higher amount consistent with City Manager's. Upon 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 Council approved policy applying to managerial employees at the time of such separation. The City Attorney shall be provided a leave bank of seven days sick leave upon commencement of employment which shall be made available without a waiting period. 7. City Attorney shall be provided with disability benefits to the same degree as provided other managerial employees of the City. 8. The City shall provide payment of dues, subscriptions and legal educational seminars, which enhance the City Attorney's professional development and service as the City Attorney, to the extent provided for in the City's budget or as authorized by the City Council, including travel costs to in person seminars.. 9. The City shall reimburse the City Attorney for any expenses directly related to the performance of her 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 when travelling more than seventy-five (75) miles from City Hall. This shall not be used for transportation to and from the residence or be taken out of State. 65 of 298 11. City Attorney shall be entitled to Military Leave of Absence and benefits afforded other full-time employees in accordance with City Policy and Chapter 115, Florida Statute, and applicable law. 12. City Attorney shall be given a three hundred and fifty dollar ($350.00) car allowance each month. In addition to the allowance, the City Attorney shall be entitled to mileage reimbursement, in accordance with City Policy, for use of her personal vehicle when travelling more than seventy-five (75) miles from City Hall. 13. City Attorney shall be entitled to all benefits contained in the City Council approved policy, as may be amended. To the extent that the City Council approved policy conflicts with this agreement, this agreement shall prevail. 14. City Attorney shall receive a review after six months. The Council may increase her salary at this time.. III. REVIEW AND EVALUATION A performance evaluation will be performed in accordance with any resolution adopted by the City Council. The criteria for evaluation shall be developed in conjunction with the City Attorney. Professional evaluations of performance shall be conducted with decorum and in line with the criteria for evaluation. Post -employment, the City Council and City Attorney agree not to engage in public disparagement nor impugn the personal or professional reputation of the City Attorney to the public or the media. IV. FULL-TIME EMPLOYMENT Beginning on July 1, 2023, the City Attorney 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 City Attorney's time off, provided that the City Council is advised in writing of all such occasions, in advance. City Council acknowledges approval of City Attorney's continued representation of a prior Client fi-om her prior employment to project conclusion. The City Attorney is not subject to any residency requirements during the teen of employment. V. TERMINATION AND NOTICE OF SEPARATION 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 in accordance with the City Charter. 66 of 298 Should City Attorney be terminated without cause, she 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 should Attorney resign following a suggestion or request by at least two City Council members during the same public meeting that she resigns, that shall be deemed termination without cause upon notice by the City Attorney to the City Council within 14 days of such meeting. The City Attorney may also be terminated for cause or misconduct as defined in Section 443.036(29), Florida Statutes, pursuant to the provisions of Section 3.03 of the City Charter, and other applicable Florida law, in which case City Attorney shall not be paid any severance payment, but shall be entitled to compensation for hours worked through her separation, as well as sick or vacation accruals. Any directive of the City to the City Attorney which, if carried out by City Attorney, would constitute a violation of any Florida or Federal criminal statutes, the City or State ethics codes, the Florida Government -in -the -Sunshine Law, Public Records Law, or the City Charter, will not constitute a basis for termination or suspension for "cause". City Attorney may resign upon giving sixty (60) days' notice of separation. City Attorney shall not be paid any severance payment unless otherwise negotiated but shall be entitled to compensation for hours worked through her separation, as well as sick or vacation accruals. VI. 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 her duties as CityAttorney. VII. EMPLOYEE HANDBOOK Should an employee handbook or other policy be adopted by the City, the City Attorney shall comply with the handbook or policy as applicable so long as not in conflict with the terms of this contract. VIII. 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. IX. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. X. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the 67 of 298 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. XI. 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 addresses: To the Employers: With Copy to: To City Attorney: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 Jennifer D Cockcroft, Esq. *REDACT FROM ALL PUBLIC RECORDS PURSUANT TO FLORIDA LAW* 68 of 298 XII. 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 fees. 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 Clerk and Jennifer D. Cockcroft, Esq., City Attorney has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation NO Mayor: City Attorney Date: Dated on: Start of Employment Date: July 1, 2023 ATTEST: City Clerk: 69 of 298 M 0 CEBASTiA HOME OF PELICAN ISLAND, AGREEMENT FOR CITY ATTORNEY THIS AGREEMENT made and entered into this ====LeLday of June by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City") and Jennifer D. Cockcroft. Esci. (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, pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, City Attorney 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: 1. TERM OF AGREEMENT This Agreement shall become effective upon execution by both parties. This agreement shall continue in effect until terminated pursuant to the terms of this agreement. This agreement is subject to renegotiation every three (3) years, if the City Attorney requests that it be renegotiated one (1) month before the three (3) years expires. However, if the City Attorney chooses not to renegotiate, the City Council, at their discretion, can renegotiate this agreement-. with the same one months' notice period. Otherwise, this agreement will continue in force for three (3) additional years. Citv Attomev will commence emplovrncnt on July 1. 2023. 11. COMPENSATION AND BENEFITS 1. The City will compensate City Attorney at --a base salary rate of $I43, 1.{°°1.{°147.484.67 per year, paid in twenty-six (26) equal payments. Upon completion of an evaluation, the City Council may increase the City Attorney's salary. 2. The City hereby agrees to provide and fully pay for City Attorney and hisher dependents, health insurance, vision care insurance, and buy un plan dental insurance offered and available to any other full time exempt employees of the City; such benefits being subject Formatted: Font: 11.5 pt, Font color. ? Custom Color(RGB(17,19,21)), Character scale: 90% Formatted: Body Text, Indent: left: 2.16", First line: 0", Line spacing: single Formatted: Font 10 pt { Formatted: Not Expanded by / Condensed by 70 of 298 to change if said benefits are changed for -other City employees. Insurance benefits should be effective unon commencement of emnlovment. •----------------------------------- ---- ------------------------------------------------------ Formatted: Font: 11.5 pt, Font color. 3. The City shall provide and fully pay for a term life insurance policy for the City Attorney w, •, Custom Color(RGB(19,21,22)) in an amount equal to one year's salary, payable to a beneficiary of the City Attorneys i Formatted: List Paragraph, Left, Space 1 choosing. I Before: 0 pt 1 4. The City agrees to contribute to its 401(a) retirement plan, an amount equal to nine (9 Formatted: Indent: Left: 0.41", Hanging: 0.24 0.11", Line Multiple of the City Attorneys base salary, or a greater amount should the City ever increase the ,Right: spacing: 1.02 li 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 Formatted: Font color. Custom effect, including any vesting schedule and any matching contribution requirements. Color(RGB(19,21,22)) _ Formatted: List Paragraph, Left Space 1 5. The City Attorney shall accrue vacation benefits at the same rate as provided to - Before: 0 pt Formatted: Indent. Left: 0.41", Hanging: managerial employees of the City. Upon N,eluntaFs,but no less than 12 days' vacation leave 0.24", Right: 0.11", Line spacing: Multiple annually. Unon separation from employment with the City, the City Attorney shall be 1.021i entitled to compensation as non -pensionable salary for vacation time accrued in % Formatted: Font 11.5 pt, Font color. l accordance with City Council annroved policy applying to managerial employees of the Custom Color(RGB(19,21,22)) City at the time of such separation. City Attorney shall take, at least, five (5) consecutive 11% Formatted: List Paragraph, Left, Space days of vacation time off each calendar year. The Citv Attomev shall be nrovided a leave bank Before: 0 pt of seven days vacation benefits unon commencement of emnlovment which shall be made - rmatted: Indent: Left 0.42", Right: 0.1", available without awaitingneriod..------------------------- Sp ace Before: 0pt,Linespacing: Multiple 1.03 !i - 6. The City Attorney shall accrue sick leave and discretionary time at the same rate Formatted: Font 11 pt, Font color. Auto provided to managerial employees of the City. Upon but not less than 12 days sick leave annuallv and discretionary leave of at least 4 days or anv hieher amount consistent with Citv Manaeer's. Unon 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 Council annroved policy applying to managerial employees at the time of such separation. The Citv Attomev shall be provided a leave bank of seven days sick leave upon commencement of emnlovment which shall be made available without a waitine neriod------------------------------- -_-------------------------------- j Formatted: Font 11 pt, Font color. Auto 7. City Attorney shall be provided with disability benefits to the same degree as provided other managerial employees of the City. 8. The City shall provide payment of dues, subscriptions and legal educational seminars, which enhance the City Attorney's professional development and service as the City Attorney, to the extent provided for in the City's budget- or as authorized by the Citv Council, including travel costs to in nerson seminars.. 9. The City shall reimburse the City Attorney for any expenses directly related to the performance of 4isher 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 71 of 298 necessary City business use when travelling more than seventy-five (75) miles from City Hall. 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 Military Leave of Absence and benefits afforded other full—time employees in accordance with City Policy and Chapter 115, Florida Statute, and applicable law. 12. City Attorney shall be given a three hundred and fifty dollar ($350.00) car allowance each month. In addition to the allowance, the City Attorney shall be entitled to mileage reimbursement, in accordance with City Policy, for use of higher personal vehicle when travelling more than seventy-five (75) miles from City Hall._ 13. City Attornev shall be entitled to all benefits contained in the Citv Council approved nolicv. as may be amended. To the extent that the Citv Council approved nolicv conflicts with this agreement. this agreement shall nrevail. -1214. Citv Attornev shall receive a review after six months. The Council may increase her salary at this time.. III. REVIEW AND EVALUATION A performance evaluation will be performed in accordance with any resolution adopted by th City Council. The criteria for -evaluation shall be developed in conjunction with the Cit Attornev. Professional evaluations of nerformance shall be conducted with decorum and in line with the criteria for evaluation. -- Formatted: Font: 11.5 pt, Font color. Custom Colo r(RGB(21,22,24)) Formatted: List Paragraph, Left e Formatted: List Paragraph, Right, Indent: v Left: 0.68", Right: 0.09", Space Before: 0 pt, Line spacing: Multiple 1.01 li, Tab stops: 0.68", Left Post-emolovment. the Citv Council and Citv Attornev agree not to engage in public disparagement nor imnuen the personal or professional reputation of the Citv Attornev to the public or the media. IV. FULL-TIME EMPLOYMENT TheBeginnina on Julv 1. 2023. the City Attorney 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 City Attorney's time off, provided that the City Council is advised in writing of all such occasions, in advance. Citv Council acknowledges anoroval of Citv Attomev's continued representation of a prior Client from her nrior emolovment to nroiect conclusion. The Citv Attornev is not subiect to anv residencv requirements during the term of emolovment. V. TERMINATION AND NOTICE OF SEPARATION City Attorney shall serve at the pleasure of the City Council, and the City Council may terminate 72 of 298 this Agreement and the City Attorney's employment with the City at any dine, for any lawful formatted reason or for no reason in accordance with the Citv Charter. Formatted : Formatted Should City Attorney be terminated without cause, Ishe shall be entitled twenty weeks (20) Formatted 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 Formatted for any accrued sick or vacation time to •., ieh he is entk4ed w p►ntuant Formatted eFcrczcr7l (ham -3N—/4—;..c;anahould Attornev resign following a suceestion or reouest by at Formatted least two Citv Council members Burin_ a the same nubiic meeting that she resigns, that shall be deemed termination without cause unon notice by the Citv Attomev to the City Council within 14 Formatted days of such tneetine---------------------------------- ------------ ----- ------------------ "-,, Formatted -------- •------ - --------------------------------------- ---------------------------------------------------------- -I Formatted The City Attorney_y m,also be terminated for cause or misconduct as defined in Section (tii` { Formatted 443.0360)). Florida Statut�,pursuant_to the provisions of Section 3�03�f t1 c�City CharteCp� ,'- other applicable Florida law,_jn �yhj h case City Attorney shill noE be paid �ysselverance Formatted a men but shall beyentitled to cam_pensahon for hours worked through __ _ ._-------__-_--- -- °,'; , Formatted •ida2 4y CkfPeliey-her senaratton. as well as sick or vacation' Formatted accruals. Anv directive of the Citv to the Citv Attomev which. if carried out by City Attornev. would constitute a violation of anv Florida or Federal criminal statutes. the Citv or State ethics codes_ the Florida Formatted Government -in -the -Sunshine Law. Public Records Law. or the Citv Charter. will not constitute a basis for Formatted termination or snsnension for "cause". - -.........................................-......................----- Formatted City Attorney may resign upon giving sixty (60) dot's vs' notice of separation. City Attorney shall not be paid any severance payment- unless otherwise negotiated but shall be entitled to ;� +ic,1: Formatted Y Formatted ------------------------------- compensation for hours worked through #fisher separation, as well as sick or vacation accruals -as i i `; �. Formatted Formatted Formatted VI. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify City Attorney against any tort, professional liability claimidemand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission City 1 Attorney acting within the course and scope of lt+sher duties as CityAttomey. VII. EMPLOYEE HANDBOOK Should an employee handbook or other policy be adopted by the City, the City Attorney shall comply with the handbook or policy as applicable- so IonQ as not in conflict with the terns of this contract. VIM. 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. IX. MODIFICATIONS Formatted Formatted r Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted ;Pormatted Formatted Formatted Formatted Formatted f1 ... f21 ... f31 [51 f71 [81 ...191 f101 1111 [121 ... 1131, ... [141 ... [151 ... 1161 [171 ...119j 2201 ... f211 ...1221 1241 ... [251 1261 [[271 [28] [291 [301 ... 1311 ... f321 ... f331 F. [341 1361 H13381 73 of 298 No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. X. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and 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, XI. 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- Fonnatted: Font color. Custom Color(RGB(79,80,82)), Condensed by 0.2 Pt 74 of 298 addresses To the Employers; • ------------ --- ----------- With Copy to: •------------- ------------ To City Attorney: -- ------------------------- _City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian Attn: City Manager �------------------- J22�M in Street Sebastian, Florida 32958 Jennifer D Cockcroft, Es&. *REDACT FROM ALL PUBLIC RECORDS PURSUANT TO FLORIDA Formatted: Font color. Custom -------------- Color(RGB(19,21,22)) .. ` Formatted: Font: 11.5 pt, Font color. Custom Color(RGB(19,21,22)), Character scale: 105% Formatted: Indent: Left: 0.18', Space Before: 5.4 pt ---------------------- - Formatted: Font: 11.5 pt, Font color. Custom Color(RGB(19,21,22)), Character scale: 105% Formatted: Font color. Auto Formatted: Character scale: 105% J .------- Formatted: Indent: Left: 0.19", First line: 0", Right: 0", Space Before: 8.3 pt, Line spacing: single __--- Formatted: Font color. Custom Color(RGB(19,21,22)) ------- I Formatted: Line spacing: single I 75 of 298 L A W ----------------------------------------------------- Formatted: Font 1 pt Formatted: Indent Left: '0.18", First line: 0.09", Right: 2.17", Don't add space between paragraphs of the same style, Line spacing: single 76 of 298 XII. 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 fees. 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 Clerk and .Jennifer D. Cockcroft. Eso., City Attorney has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation Mayor. Date: ATTEST: City Clerk: BY City Attorneys Dated on: Start of Emnlovment Date: Julv 1, 2023 Formatted: Font color. Custom Color(RGB(15,17,17)) j Formatted: Indent: Lek: 0" 77 of 298 MY Of SEBASTIAN HOME OF PELICAN ISLAND Exempt Employee �]�]R`enefits September 2024- SALARY 1 ONG-r-UITV PAY LGRgavity Pay --hall -be- aGCGFd'ng to the following 6Ghe_d_-_,Ip_. a*r of vraAc' the City, will s [,7 iiweawi(3%) pement. The three sir 6001 FIRY--B#9Yti-IC t!i date Of theiF fifth YeaF aaaiuefsaFy date. employees,9. All exempt with nGFea6a will be added tO th8iF base pay effOG10YO the date of theiF ten YOW aRR!VeFSaFy daW a their Sara rzy a (i°/) wmowk. The e PeFG9Rt iRGFGaGe will be added te their base pay effertive the date of theiF fifteen yeaF aafliVefsaPy datO. 181, Cflcc the Gity, will FeGeive an in their base Pay Of fmVG (5%) P8FGeRt. The five pgrml/ i—mang will be added to thvi7 hnx 7cy-e4wIF/v " date of their twenty yea anniversary --date. E-1\11 vitem 'rn3 cVM°rl :wc w i2srease in lh?x bm °AXAR RRd A ■ hdf ' n- -e-Rl inc-;re-ama- will be added to their hase A. All full immE) exempt empleyees who paFtiGip2tG ih8 OFGrlp health jRGUFaRGe agree to The Gity agrees tG pay thp- Of the sri/A,n t 4w,u �Vn x a v wage. E!. Gw11 tir-*--e4:qp ayeeG eligible to dedine group health inGuranGA Ah 11 be -paid $75. 78 of 298 C. Tho City agFees to pay the jwiw7Ync fit► mom, fial t.kRna L. a Ga^imp! 24mYl epk,r, plsn will pay a cvsawt cf the lest Of thepMThM 5 hgalth, dental and vision. The peMeetage will ka lvtuw . D. Emplvyees-afe eligible tc pw,---,ttzcs additional Gov St per the oarri-\,'i Fclivy F. Er rpr 3yaoa a �x -,Vxc of f--\- a rrr/ar.4MWR-0�= year, Erb o ' d#z„A ";Fi fw tVr- 2-yamm, !'xj rotir ° c act Tha Health Reimraapnart Asoeunt (HRA C:?A) i:� G. The ORSUF&PGS piwr,i;am may ahwnyc awh fir,xl y c- Ire/ 0 tw � �^�.,�; :atoa— RETIREMENT PLAN B. MissiG"qu der fdl \"^^ for eO�L4pte-4ir:t ky cf the next full pay PeFied fellewing 60 day frw7. thcir :` QMiss or. Eq.,cr ? JV27A Employer 1.aa nct zeatribu a tc anther cf these acn.vnt- V,*JLlc to peg IRS p4gliaess. HOLIDAYS New Fear's Day WarUn-Luther King Do ^6✓'uv^Ta-vcr7 Meraerial Bad lRdepeR Labef Pay Vetoll-,;e Dsy Thanksgiving Day %I Day TIME SHEETS AND LEAVE REQUEST rQRM.S A. Exe ec>ke�-,-,-. pr:et -ct-In: r atl V."t ^u�, of hv/4.-- c -wre ty 2. An ax inn, thcr fa+•c m any wqFkday-whea p-xiiii , 79 of 298 however if an eXeMpt !�qUFS a day, he eF she must e Isn the,,,, fc �r (A) ether 3- flee tkpr— Fer 1i peFieds of less tF r. !-Al' t Li cic%ii' s a2t!rsl 1,quFs wigFked that day and not R-1-1tG-MBliGally pUt 6A eight (9) heUM GR theiF time 6heets. Exempt emplgyeaG will be paid fOF eighty (80) houm bi weekly f4aF normal workweeks, winless- Retified- mse hy-t#eif PERSONAL i Cnuc Exempt Tess shsl!-8seive thirty-WeAU) hs<Arn 9f P6FGGAa1 I=eayg peF fjS—i year —A Any examiE-spm4rlc) i vtArli.qq dUFiAg the yA-a-.r %vill FeGeivO 2 pm-ra- p—ti— of the peFseaal Wave- 113r- es fellc•r.s� ---4s14hfea 2Rd �--3� thr�t rerFt r ; &uSh J;ria; 15 HOUFS e M-Rer or* If the acv,*-!eyee haG no! used hiS OF her P -sue 1 lccv, �s 21^2t.! ka A new pxc .i;k c': pNl *s is not eligible FLEXTIME� An exempt employee 06 not eligible under the Fair LaboF StandaFdG AGt for GvertiMe pay 04- wmpepsate7j tir~-, thn WE) 1. 7t a iir OthOF th8R +he - *r ?rn c7r to C3Q V^a Gv cv.-anFIs, yaa atteRded-a FR8etiRg the night before that exit ►ntil 72C rxi 2 hcvts- past -the leave .ins. Yau WGUId 18 ^8^ "^4'^ rsr 1c �N,erk-4#e aaa",p that w from their Department OfFeG!GF OF the Gity MaRaqGF. Pe;dime is not rumulative aR.d Gannet - - used aflar that Pay PeFiOd ends. Flextime Wd' Rot be paid out n fFGM the City. C�;���I t\-c►r/`�.ces far�+se of Elena,m r jst be appFE) Q l by ih/ Ci1)'�Aar}a�e� I rsis ki w c %rll w--ua annual leVic :asp*: wi the, Yea% of seFvtre with the agenGy, To Glarify the Fate at Lit"�f sc-NA43 Ss,N kltj .'1mvid 1,-,ck,-e 1ec7iCl Rita H94JFs Fiamed 1'aar� tlt 13ss � 9�1 Y� -s Gamlrl�ta� 1.1111 a-t 12V ��►�� -19 V,--/,Va LAt-4e12 ihf-V% 15 Y3aFG COMpletQC 15 YWV ":.r 211 tkMr. x 1VQ Y,3aFe 20-Yon;a �j c:,a► 719i hmcrn 290 hQUFs B. Exempt emplayeas nz� im allowed FReFe ihaR 40Q hvxi Cf OG mere than 409 hOUFS Of aRRUal leave, !hey will haye unfil the !aE;t full pay ell. p _.. i dimi . Ac deeG noi bFIR9 thO tiPRB balanre down W the 490 he-jr maximum by the int full payr@4 ■cr, tkry wil4eF€ "ll knura ir. aness ef the 40C hc►v mmi6riwm whew- a CV-ti,� snt -k�ecd v th T; thi R,-TA9 7S deseeatatin�il�rrr' bth@ I lacil ^' c lnrt sr, `ale +ndfsai'm944e4eas m f-w n8t gFantiagt`r Ygwwicd leave C. Fa►^�Irtees With fiVO {.ir)-yt�aF �r c i`I��r 1, 29 � 2r ra` rar ,.�, With .r.btpaid balaRGO of YaGation lea c ►F tc c max+Fnurr,-_f 19V ! qws. V4Jsir, 1, 2922 and1 ti pw mitsge-ef a ar 42 a -iair.^iom of 240 hearSThe • ' Iax tiv-n 7 qwI 21°/ --3 Y i Ve l2sc thmn 5 Yawm N �5 Yeafs erg -s 1"'S €. are will r.ct he appFevvd as pjkk-' j+ a► N-npcp i ar.mr?vicy. AR GFRPlayea -a ����fi, a� paid i rim! pFeefef the -see vaFifying thCt the irgd A. Exemp ni tir. 112ir2 ?V- OT-, etc at WhiGh aR emplgyee aGGFU66 full IM/9 11134all97ii:13 ttr13 Will lee used.. keagth et-servi4w Qi weekly S;ck Leave N.,4-u l R.-k-- I - I I V. Ax 15; c -; 81 of 298 ASS of Be 1 2.-RWLhC-'7 4 . r1lRTC:RT.T:isT.ST.Tr�aT7l�T.TZI�I�TiL�RIf�. .'eR':P-l.T1RT7� Y r- 0 fW-7.s.-A ^9FseRtaae Lm-, hV ,.. 1 Vvy C 94 y� 4F t ,,t 1291 V #f 6 )'eaF6-GGfPPltA 20t, a Years hiot iQx ►yin ' EQ% rvmp!ctsi 7- 20 Yewtser a or 190°% G. EFmpt 5�.,IqyeeG Wed Aer Octo'—w 1, 71277 v ith C ac-crA,j wF is 489 houFs p4uc emir ��? li., r- Ht *9 GUFFeRt YeaF. This- Family Med'Gal Leave. The 4 t"c ra we no paid out wh o r. Vr - separates from the City. C\ Eicl,. lim,q will no! be appFeved 9F paid dUFIRg an employee's Ia6t twe (2) weeks of employment, eXseFt in tN leave will be FequiFed to furnish ;_4 0-9-GIA-F'S AOte VeFifying that the employee was FnedmE;ally tGT-opar' tt ►�vli. FWjfe to previde-thic :'scc�^^a,Ration will Fessult on no pay fe the day(6) iR siiGR. A. Time off PFeviswen When them 16 a vzth %,e. an sn pleye-j'r !m-7.a-iat�-t#at empleyee shall be . a. 3 Bays it in the Stcts of FIaFida b. 5 Days outside the State of Re-Fid-a G. 2 Pays empleyee is pail time Immediate family iG defined a6 the employee's spouse, rhildrem (IRGlWdiRq Step GhiIdF8R qFandGhild WF„ay empleyee's household. G. Wit#aia 1 y (29) ccl cf the Caw--,ed %aW ari1 i ded to the 9eF*gV,wvnt j, fiik.,r■ to iRoluding ditmi Nal, l iV empleyee6hall ■w6r-i: ■ c the deceased-tG the efplayee an Wor-cthc- CPP79PFIate GFiteFia as deem 0 apt o r—O 82 of 298 WQRK nc' COMPENS TION limy-regular#ail-time-employee Whe sustains-a4empowy disabilit"S a Fes�lt ef�ffd arises eat Of eFRPIGYFRORt by the Giby -' ty the %VGFkeF► Lm Re 4,, ynll, ir. ► lla= thn 1A%' -• l►ix `r2 PAWInd to she fallewong] the firct nighty (90) WOFk i3yt 2f lis leave in BrdeFto Feseive-suppleaaeIW i:if4ry-0l listed uR k 179M31 ►V tsk�- feduGed by the I.Alapkar's, ►n►eivi in fwir ity ?1; Re..+ ,. f,� ��2h 2n: rAcl ar G'Gk leave is usisd. A. Upon eKhau6tien E)f all Ig bc,ie, tht r' lGa = _f 3Yc3ase tv fyl-- VPMJr yaC 5: ► ;.grit . C pq 4hr I l�_44ahled ry th.2 Cite, the emplayee Fnay be FGqWiFed W perform such duty or lose the I i-ju7 ?►A ns..i,....,.,ent t9 li;ht J.4ty ;ha4l-be-sen64dered a tar . igm ee#;-ww4GUt Fed+�stfoa-in pay of h ! "Vw7"/.�famR'1: !ram l "c Sc Ohvr 'l4► eeatiF/Aj in 9 light 0 MPFOvement or �r a Fvr� t 1 . m M.PIC�M7/ n,cy t�c nquired b II w piul.Val r2imm to duty- injury suffered -has been -deter lRflisl+Vn cr wh►ra'he diGability 9F WAGGG mnlnuw fit a c"Vil cf Uhc 3mpleyee's 40.Tl tc :-3peFatG With FAeCwl.. vivivq- AN ce-pre-A-five therapy, �t►, an gmpleyee shalle tel: ith the City ► WorkeF's-- mpefvsc wn in�+�ty pay en#�shall no! be-allovue�-to use -paid leave, r. 0 WN 0, sy-rereive-a-Wr-1 xizvnt of mare than his/her nwmal t"Jk-a hems Pay- 83 of 298 EDUCATION REIMBURSEMENT Pey=/ 'ty the City Of ` CAI v h r will be iR Emit All exempt eFRPIGY086 are eligible for ivW* r, wp t^ 'o ;e-d,:,,ft of the fends A, The R_lr.=ii_r: w4l, wpo . Epp pZj' 11lia+4 ular fall Lira n Z; r; C.l•� '1n a;igihl t"3t in the judgment of the Gity Manager or d@6iqRGO, .6 dlFeGtl!' s; A "IhiSh will + eve eFfr✓rra►�c it tihkC jlFW-2 ian-far-pfflmetien "ties TM TUitiGn r''sr f9 fe f34lew6: r'yiC A 9G% a E 1 OK P RvivAi3 99% o�r-ll @Merit Wv G. GG6IFSe fi - if the employee 4eY@ r kjtt`rw i►. a awr29 w#iGh is-gra:-.-J or if iha employee in n FfRRlfail °.wwi� V,316he will an off idal ropy qf hisihor gm&I it FARM' VAV.. pr-4 f x- Wig-, ��a'beeks, or lab fees to M fhwAl ba r.� R. T!N3 afapleyee=s--pemvm l noord wi41 -k3e P. :PF@RSp9FWiOF; 21Jicll$ . € ea.4.,;. .., o ,N)kiv- .rr-ait The ► . ef twenty few (24) Rtsx, 4rlxrc or WXl' year period for aR--e4g442 2,mplc��c f-jr �dnjer graduate A-,-&A-Fizatien and availability ef funds. The tL.:tieR Fate to beR;ra ►• cw for selloff ,lam of saur&96 Is that established aRRuall by the gtatc Legis4at a FIX c' H a). Th-j► i, rtclietcb r?xrc s4eF ssMp rgmpm.n. empleyed by the City of Sebastian for at least two (2) letieri-ef Me Gewse(s). Should an empleyee leave the Gity rt�c o wilk-k.. twe-years-a#ter Gempletien of the efse('), hR/�Aa 06 regeired tG +21 m -my a yrn l paysheel, 86Z JO S8 quewAeldwo apts\.%3 W3,p cl lop sqj saedesei A !J syl ywas 841 bUWj PE)!E)RprsF `I 7(sys �3�I wle 1pel!nbej eq letl IMM loompew e et amp cq-zpKL_l ,4 &;as G:.II xecm 13uc w lsyl Vsyl Gugels el jqa�qn I' /.2,W Rue jagwess,�Z, Z ;110-19W , sEs asp NI 11 potpwq�L Sazj Ci;,.rrp sy1 /,gay sN'Z►cp 43igM-�] -yl l,ue-U&wOe wV \3ftuw w►.�trti� s4l ,(a psus ey-pe VMW lu N✓,* sql , qEf LyI uL L ►srw sccy_-y31aeq-Alsjs-, y 6 e !!!m- M-6Il0 ;NN, Oqj 18EJOISO UO Ili) 1-`b syjre#e juawAe;dre s��nrsq ea+4eltwx = 11 ms {ff/3C1.S) (mll s: sr r/A/ `sesrrdeg etas. +Fe►Su.,u ,jNSreA rue sieetu ::r 7u!,7IIc nL%►a:j p$lepuew jt9--E) Manager ^=te Kenneth Of KOVC-ev, Date d//. F :tl ii 9.1"'a��r., fete 86 of 298 m .Y SERAST HOME OF PELICAN ISLAND CITY OF SEBASTIAN 1225 Main Street Sebastian. Florida 32958 Telephone 772-388-8222 Fax 772-388-8249 SECONDARY EMPLOYMENT REQUEST FORM Form to be Completed and Approved Annually (by January 1) Date: Employee Name: Department Employees Regular Work Schedule: I requesi approval for the below described secondary- employment Name of Secondary Employer: phone Address Street address City State Zip Nature of Business: Hours to be worked per week: Duties to be performed: Duration of Employment for which approval is requested: Expected Start Date Expected End Date How to reach you in case of emergency I hereby certify that I have read and understood the above referenced City of Sebastian's regulations regarding secondary employment and that the nature of this job and the duties I will perform are and will be consistent with said regulations. I also agree that I will only continue my second job as long as it does not affect my job with the City of Sebastian. I understand that I Hurst complete this form and obtain approval for the second job on an annual basis. Employee's Signature Date ❑ Approved ❑ Denied ❑ Approved ❑ Denied Dep iluient Head City Manager Assistant Administrative Senices Drrector/HR Manager ❑ Original- Human Resources ❑ Copy- Employee ❑ Copy- Department Head Formatted: Body Text, Justified, Indent left: 0" 10-Vi 1 6i Page 4: [1] Formatted Andrew W. Mai 6/5/2023 12:20:00 PM Font color: Custom Color(RGB(79,86,89)), Character scale: 105%, Condensed by 0.4 pt Page 4: [2] Formatted Andrew W. Mai 6/5/2023 12:20:00 PM Font: 11.5 pt, Font color: Custom Color(RGB(21,22,24)) Page 4: 13] Formatted Andrew W. Mai 6/5/2023 12:20:00 PM Indent: Left: 0.2", Right: 0.08", Space Before: 0.05 pt, Line spacing: single Page 4: [4] Formatted Andrew W. 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Mai 6/5/2023 12:20:00 Ph 89 of 293 Indent: Left: 0.2", Right: 0.12", Space Before: 0.5 pt, Line spacing: Multiple 1.02 li 90 of 298 Oh k'f � 1 HOME Of PELICAN [SLANT) CITY COUNCIL AGENDA TRANSMITTAL Council Meetinp- Date: June 14, 2023 Agenda Item Title: Agreement between the City of Sebastian and Indian River County School Board for two (2) School Resource Officers. Recommendation: Staff requests City Council approve the Agreement between the City of Sebastian and Indian River County School Board for two (2) School Resource Officers, one (1) at Sebastian Elementary and one (1) at Pelican Island Elementary. Baclrp-round: The City of Sebastian Police Department has proposed an Agreement between the City and the Indian River County School Board to provide two (2) School Resource Officers. This Agreement will be recurring and in effect for three (3) school years starting in 2023 and ending in 2026 with the option to renew for three (3) additional school years. If Agenda Item Renuires Expenditure of Funds: Budgeted Amount: $65,000 Total Cost: $65,000 Funds to Be Utilized for Appropriation: General Funds Attachments: l . School Board of Indian River County SRO Agreement Administrative Services Department Review " J -1 City Attorney Review: - � r Procurement Division Review, if applicable: l0/- City Manager Authorization:�� Date: _v/ 4 /-Z __ 91 of 298 AGREEMENT BETWEEN THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER (SRO) PROGRAM THIS AGREEMENT, made and entered into by and between the SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, (hereinafter referred to as the SCHOOL BOARD), and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY): WITNESSETH: A. The School Board and the City desire to provide law enforcement services to the schools of Indian River County as defined in F.S.S. 1006.12. B. The provisions of F.S.S. 1006.12 require the School Board and School District Superintendent to assign one or more safe -school officers at each school facility within the district. C. It is mutually agreed that a continuation of the School Resource Officer Program is in the best interests of the student population, the School Board, the City, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of three (3) years, with the option to renew the Agreement for additional three (3) years periods upon mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the School Board and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued within the school system of Indian River County, Florida, for twelve months per year. ARTICLE II Rights and Duties of the City The City shall provide School Resource Officers as follows: 92 of 298 A. Number of School Resource Officers: The City shall assign one regularly employed SRO to each of the following schools: 1. Pelican Island Elementary School 2. Sebastian Elementary School B. Regular Duty Hours of School Resource Officers: The SROs shall be assigned to a school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This includes designated summer school days and hours as mutually agreed upon by the City and School Board. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency or state of emergency, whether local, state or national. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined m Section 1006.12, Florida Statutes are: 1. The primary function of the School Resource Office is to serve as a law enforcement officer and ensure the safety and security of students, teachers, staff and other individuals on the campus to which the SRO is assigned. 2. The School Resource Officers shall abide by school board policies and shall consult with and advise the District of any conflicts between their policies and the Cities Standard Operating Procedures (SDP's) through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency in all matters relating to employment. 3. To perform law enforcement functions within the school setting. 4. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 5. To foster a better understanding of the law enforcement function. 6. To develop positive concepts of law enforcement. 7. To provide information about crime prevention . 8. To provide assistance and support for crime victims identified within the school setting, including abused children. 93 of 298 9. To promote positive relations between students and law enforcement officers. 10. To enhance knowledge of the fundamental concepts and structure of law. 11. Consistent with the provisions of F.S.S. 1006.07, the SRO shall participate in hostage and active assailant situation drills as often as other emergency drills as required by Florida law in consultation with the School District and School Administration staff. 12. Consistent with the provisions of F.S.S. 1006.07, the SRO shall be a member of the Threat Assessment Team at the school to which the SRO is assigned and shall meet regularly with the School Threat Assessment Team in a proactive manner to consider behavioral indicators of individuals who may pose a threat to the safety and well-being of students, faculty and staff. 13. When requested by the principal or his/her designee, the SRO may attend any school -related activity (i.e., faculty, parent meetings, special functions, etc.). The duty must be approved by the unit supervisor, if it is overtime, the cost of the overtime shall be borne by the District where appropriate. 14.The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics as accepted and defined in State laws and professional standards. City acknowledges and agrees that it will not disclose confidential student information to any other person or entity and will only use the confidential student information for the purposes of this Agreement and for no other purpose unless otherwise required by State and Federal law. Upon the completion of the non -law enforcement SRO services, City shall return to School Board all original and any copies of the confidential student information and shall not retain any confidential student information. As City will be receiving student information that is otherwise confidential, City shall fully comply with the requirements of § 1002.22 and § 1002.221, Florida Statutes, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by law. Further, notwithstanding any other provision in this Agreement to the contrary, City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the School Board and its officers and employees harmless for the City's own negligence, including, but not limited to defending the School Board and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty 94 of 298 imposed upon the School Board, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon the School Board arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, , or a negligent violation of § 1002.22 or § 1002.221, Florida Statutes that is not permissible by law. This provision shall survive the termination of or completion of all obligations under this Agreement and shall be fully binding upon City until such time as any proceeding which may be brought on account of this provision is barred by any applicable statute of limitations. 15.The SRO shall become familiar with all community agencies, which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies, when necessary and appropriate in their sole discretion, thereby acting as a resource person to the students, faculty, and staff of the school. The discretion regarding the method of reporting of an event is the sole discretion of the Officer and the requirements of all State and Federal laws as amended from time to time. 16. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimize dangerous situations, which may result from student unrest and emergency situations. 17. Should it become necessary to conduct formal law enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes, and Federal law. 18.The SRO shall take law enforcement action as required . As soon as practical , the SRO shall make the principal or his/her designee aware of such action. The SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions following the City's SOPs in place. 19. The primary function of the SRO is a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State's Attorney, etc.). 20. The SRO will submit reports and statistical data, as necessary, to include police department generated reports, to include an Agency Case Number, regarding any on -campus incidents for which an SRO or other police officer prepares reports and documents as allowed by State law. 95 of 298 21.The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee shall consult with the SRO to determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. 22.The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 23.The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be worn with the approval of the unit supervisor. 24.All law infractions will be reported to the school's resource officer by all school personnel. 25.The SRO will be involved in summer activity to include, but not be limited to, juvenile case management, gang resistance education training, cyber- safety training, school safety, participation in the Explorer program, and participation in relevant summer camps. D. The City and each SRO shall only use the information made accessible to him or her by the School Board in furtherance of this Agreement, and only for the purposes for which the disclosure was made or as may otherwise be required by law. The City acknowledges and agrees that each SRO will have access to Personally Identifiable Information and Education Records pursuant to section 1002.221, Florida Statutes, 20 U.S.C. 1232g, and the federal regulations issued thereto, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. ARTICLE III Rights and Duties of the School Board The School Board shall provide to the full-time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's or designee's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. 96 of 298 1. Air conditioning. 2. Computer with Internet access and VPN, or other connection type, required to connect to the City's network and access software programs and network resources. 3. Desk and chair. 4. 4-drawer legal locking file cabinet. 5. 6-shelf bookshelf. 6. 2 visitor chairs for counseling and interviews. 7. 1 worktable. 8. Office supplies as requested. 9. Phone with local and long-distance calling capability. 10. School District email address. 11.1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SROs be able to communicate with school personnel on their radio frequencies. If the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. ARTICLE IV Financing of the School Resource Officer Program A. The School Board and the City agree to share in the overall costs associated with the School Resource Officer Program. The School Board agrees to provide for 50% of the salaries and benefits of the SROs. Notwithstanding the foregoing, the amount funded by the City for the overall costs of the School Resource Officer Program will be negotiated each year of this Agreement. This does not affect or guide any negotiations the City has regarding its Collective Bargaining unit and those negotiations shall have precedence . 97 of 298 B. Any vehicle or equipment leased, rented, or donated to the City for use in the SRO Program shall become an asset of the City and therefore, will be subject to City rules, regulations , and policy governing use. C. The City in its sole discretion shall provide the appropriate vehicle and equipment to conduct the duties of the SRO. ARTICLE V Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the School Board. The School Board and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VI Appointment and Training of School Resource Officers A. Appointment of School Resource Officers will be made solely by the City in accordance with City's policy. B. School Resource Officers will receive training in the following schools: 1. Basic SRO Program. 2. Crisis Intervention Training (CIT). 3. The Indian River County School District should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference or other SRO Training Programs. If such funding is not available, the expense incurred will be mutually agreed upon by the two entities providing the budget appropriations are available (lodging, food, registration and travel). Expenses to the District shall not exceed a total of $1,000.00 annually for this conference. ARTICLE VII Dismissal of School Resource Officer; Replacement A. In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsibilities, as outlined in F.S.S.I 006.12, the principal shall recommend to the Superintendent who may recommend to the Chief of Police, or designee, that the SRO be removed and shall state the reasons in writing. 98 of 298 Upon receipt of such recommendation from the Superintendent or designee, the Chief of Police and the Superintendent, or their designees shall meet with the SRO and his immediate supervisors to mediate or resolve any problems, which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. 2. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated , then the SRO shall be removed from the program at the school and a replacement shall be obtained at the sole discretion of the City through consultation with the District. 3. In the event mediation is not sought by the Chief of Police, then the SRO shall be removed from the program at the school and a replacement shall be obtained. B. The City may dismiss or reassign an SRO based upon the City's rules and regulations. C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of long-term absences by a SRO, the City will provide a temporary or permanent SRO. ARTICLE VIII SRO Schedule A. SROs will be assigned to each school designated in Article II from the beginning of the school year to the end of the school year. B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the unit supervisor, if it is overtime. C. When extra -duty details are required by the School Board, the parties shall ensure that the details are first filled by SROs. If a sufficient number of SROs are unavailable or, if the need for extra -duty officers exceeds the number of SROs, then other police officers shall be authorized to work the detail. D. SROs shall also be present for summer school programs as mutually agreed upon by the City and the Superintendent or their designees. ARTICLE IX IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE 99 of 298 PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SCHOOL BOARD'S CUSTODIAN OF RECORDS: Sara Milliman, 772-564- 3074, sara.milliman@indianriverschools.org, 6500 57'h Street, Vero Beach, Florida 32967. 1. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The City and the School Board acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 2. The City and the School Board shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the School Board in order to perform the scope of services. 3. Upon request by the City or the School Board, either party shall provide a copy of any and all requested public records or allow the requested public records to be inspected or copied, within a reasonable time, at a cost that does not exceed the cost allowed by law. 4. The City and the School Board shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the Agreement term and following completion of the Agreement if the City does not transfer the public records to the School Board as indicated below. 5. The City and the School Board shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the School Board to perform the scope of services. Upon request by the City or School Board, all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or School Board. 6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with this requirement shall result in the immediate termination of the Agreement, without penalty to the City or the School Board. Further, the City and School Board shall mutually and fully indemnify and hold harmless each other, their officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the City's or School Board's failure to comply with the requirements of Chapter 119, Florida Statutes. ARTICLE X Termination of Agreement 100 of 298 This Agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement, but subject to applicable law. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation will be made to the City for all services performed to the date of termination. The School Board shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XI Hold Harmless Agreement To the limits and extent set forth in section 768.28, Florida Statutes, and without waiving or increasing the limits and protections of sovereign immunity as set forth in section 768.28, Florida Statutes, the City agrees to defend, indemnify, and hold the School Board, its employees, and agents harmless against any and all claims, liabilities, losses, damage, or causes of action which may arise from any negligent act of the City, its agents, or officers in connection with the performance by the SROs of law enforcement duties. ARTICLE XII Good Faith The School Board, the City, their agents, and their employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent's Office and the Chief of Police's Office. ARTICLE XIII Modification This document constitutes the full understanding of the parties and no terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged . ARTICLE XIV Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment unless the express written consent of the School Board and the City is obtained. 101 of 298 ARTICLE XV Sovereign Immunity No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes, or any other governmental immunity by any entity or individual to which sovereign immunity may be applicable. ARTICLE XVI Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. ARTICLE XVII Gun Safes A. The City has provided two (2) gun safes for the schools being served by the Parties' SRO program. Said gun safes will or have been permanently installed in the designated office at each school for the assigned School Resource Officer, which offices are provided pursuant to the terms of the SRO Program Agreement. The make/model of the gun safes shall be selected by the City. B. Access to all SRO offices with gun safes will be primarily limited to the school Principal and assigned SRO, all of whom will have a key to these SRO offices for emergency and facility maintenance purposes. The school Principal has the discretion to allow access to these SRO offices for other school staff, including maintenance to address building maintenance needs. Custodial staff will not have access to these SRO offices. Rather, the assigned SRO will be responsible for depositing trash from the SRO office in a receptacle in the school. Each SRO office will have a lock as selected by School Board to limit access to said office. C. City, in cooperation with School Board maintenance staff, will be responsible for properly installing said gun safes in SRO offices as needed. City is responsible for maintaining the gun safes and for ensuring that said gun safes are in proper working order at all times, including all costs associated with said maintenance School Board has no responsibility to maintain said gun safes. D. City shall have the sole and exclusive responsibility for ensuring that all items stored in the gun safes are properly stored, that the gun safes are properly locked, and bears sole and exclusive responsibility for any and all claims 102 of 298 which may arise from the improper storage of guns, rifles, other weapons, tools, and/or ammunition in said gun safes. City further agrees to bear the risk of loss in the event that any stored items are removed , taken, or stolen from the gun safes, and will not seek to hold School Board or its employees financially responsible for any risk of loss of any stored items. In the event of a state of emergency, items may be stored in the gun safe overnight while the School Board buildings are being used as emergency shelters. E. No guns, rifles, other weapons and/or ammunition will be stored in these gun safes in School Board buildings overnight. Each morning, the assigned SRO will carry the guns, rifles, other weapons and/or ammunition for use during the school day in a City -approved carrying case and will remove these items from School Board buildings at the conclusion of each school day using their City -approved carrying case. F. The gun safes shall be wholly owned by City at all times, and upon termination of this Agreement for any reason, City shall promptly remove all gun safes from School Board buildings. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. Signed, sealed, and delivered in the presence of: Witness Date Witness Date THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: Attest: Dr. Peggy Jones, Chair David K. Moore Ed. D, Superintendent Date CITY COUNCIL OF THE CITY OF SEBASTIAN Mayor Date 103 of 298 Lill L�f SETA HOME OF PELICMN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 14, 2023 Agenda Item Title: Ceres Environmental Services, Inc. Debris Removal and Disposal Contract Extension and Amendment 1 Recommendation: Staff recommends Council approve the one (1) year extension and Amendment #l,of the Ceres Environmental Services, Inc., contract for debris removal and disposal services through July 8, 2024, Bacharound: The City of Sebastian currently has Ceres Environmental Services, Inc., under contract for Debris Removal and Disposal in relation to storm events through July 9, 2023. As the contract is expiring, staff would like to extend the contract for one (1) additional year to allow for continuous debris removal and disposal services through the 2023 Hurricane Season. During this request for extension staff is also amending the contract to include the latest State and Federal requirements for such contracts. Staff respectfully requests City Councils approval to complete all necessary documents to execute the contract as outlined below. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $0 Total Cost: $0 Funds to Be Utilized for Appropriation: None Attachments: 1. Exhibit A - Notice of Intent to Extend Debris Removal and Disposal for one (1) additional year 2. Exhibit B - Amendment #1, Debris Removal and Disposal Agreement 3. Exhibit C — RFP 17-03, Original Price Form 4. Exhibit D — State of Florida and Federal Requirements- 5. Exhibit E — A-44 Lobbying Administrative Services Departmen eview: 1 C� -.1 _ City Attorney Review: Procurement Division Review, if applicable: City Manager Aut orization: �/ r Date: r 104 of 298 BA;* T HOME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 Main Street — Sebastian, Florida 32958 June 15, 2023 Tia Laurie Ceres Environmental Services, Inc. 6968 Professional Parkway East Sarasota, Florida 34240 T ia.laurieC&ceresenv. com SUBJECT: Notice of Intent to Extend Debris Removal and Disposal for one-(1) additional year Ms. Laurie, The above mentioned agreement between the City of Sebastian and Ceres Environmental Services, Inc. is due to expire on July 9, 2023. Per "Article 3" of the Agreement, "The City will pay the Contractor for all work included and completed in accordance with this Agreement, based on the items of work set forth in the Contractor's Proposal Price Form and the Contractor's hourly rate schedule for any force account." Acceptance of this offer guarantees that all of the original terms, conditions and prices of the previous agreement shall remain in full force and shall be honored for the extension term of the contract from July 9, 2023 through July 8, 2024. During this extension we are also requesting Amendment l/Exhibit B, Debris Removal and Disposal Agreement, along with Exhibit D, State of Florida and Federal Requirements, and Exhibit E, A — 44 Lobbying be added to the contract in order to comply with the latest state and federal regulations. Please sign and return the Notice of Intent to Extend, an updated Certificate of Insurance, Amendment 1/Exhibit B, Exhibit D and Exhibit E to the City via DocuSign by Monday, June 19, 2023. Should you have any questions, please contact Don Wixon, Procurement/Contracts Manager, at (772) 388-8231 or dwixon@cityofsebastian.org. We value your association with the City of Sebastian. Sincerely, Procurement/Contracts Manager Check one: Yes — Ceres Environmental Services, Inc. will honor pricing and contract terms and conditions from July 9, 2023 through July 8, 2024. ❑ No — Ceres Environmental Services, will not honor pricing and contract terms and conditions from July 9, 2023 through July 8, 2024. ❑ Tia Laurie, Director of Administration Date Brian Benton, City Manager Date Attachments: Amendment 1/ Exhibit B, Exhibit D, Exhibit E and Original Proposal Price Form 105 of 298 AMENDMENT #1 TO DEBRIS REMOVAL AND DISPOSAL AGREEEMENT BETWEEN THE CITY OF SEBASTIAN AND CERES ENVIRONMENTAL SERVICES, INC. This Amendment to Agreement is made as of the 15'h day of June, 2023, by and between the City of Sebastian (hereinafter referred to as the Owner), and Ceres Environmental Services, Inc. (hereinafter referred to as the Contractor). WITNESSETH: WHEREAS, the Owner entered into an agreement on September 9, 2010 with the Contractor to provide disaster debris removal and disposal and related emergency management services; and WHEREAS, the Owner wishes to extend the term to July 8, 2024; and WHEREAS, Exhibit D —State of Florida and Federal Clauses is hereby appended to the Agreement; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Owner and the Monitor agree as follows: SECTION 1— TERM The Agreement shall be amended to incorporate Exhibit D —State of Florida and Federal Clauses into the terms and conditions. Monitor shall not engage a subcontractor in any work without prior written authorization from Owner. SECTION 2- PRICES, TERMS AND CONDITIONS All other prices, terms and conditions of the Agreement, not specifically amended herein, are unchanged and shall remain in full force and effect. SECTION 3-SEVERABILITY Should any part, term, or provision of this amendment be by the courts decided to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected hereby. SECTION 4- SUCCESSORS AND ASSIGNS This Agreement is binding upon and will inure to the benefit of Owner and Contractor and their respective successors and assigns. The rights and obligations under this agreement may only be transferred by; 1) transfer to a wholly owned subsidiary of Contractor's parent company, 2) as a result of a merger or acquisition by another company, or 3) by mutual agreement of the parties. SECTION 5 — PUBLIC RECORDS (1) CONTRACT REQUIREMENTS. —In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency's custodian of public records in at least 14-point boldfaced type: 106 of 298 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL iwi1liamsQcitvofsebastian.or2 CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. (b) A provision that requires the contractor to comply with public records laws, specifically 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 this chapter 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 the 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. 107 of 298 SECTION 6 - NOTICES All notices and other communications required or permitted under this Agreement shall be in writing and given to: OWNER: City of Sebastian — Director of Public Works / City Engineer Attn: Ms. Karen Miller, P.E. 1225 Main Street Sebastian, FL 32958 (W) 772-228-7056 E-mail: kmiller@cityofsebastian.org CONTRACTOR: Tia Laurie Director of Administration 6968 Professional Parkway Sarasota, FL 34240 (941) 358-6363E-mail: Tia.Laurienceresenv.com In Witness Whereof, the parties have made and executed this Amendment on behalf of the parties on the day and year above written. Contractor: Owner: Ceres Environmental Services, Inc. City of Sebastian ME Printed Name: Tia Laurie Printed Name: Director of Administration ffIT-1 U01J.410.1 EXHIBIT "C" Proposal Pricing Form The undersigned, as PROPOSER, declares that lie/she has reviewed the RFP specifications for the scope of the project, visited the premises to review existing conditions and has reviewed the contractual documents thereto; and has read all special provisions furnished prior to the opening of responses; that he/she has satisfied himself/herself relative to the work to be performed. The following addenda have been received and are hereby acknowledged: Addendum Number Date Addendum Number Date 1 02/22/2017 The PROPOSER proposes and agrees, if this Bid is accepted, to enter into an agreement for the work as follows: Categoryl Description Unit Cost Per Unit 0-15 Miles Veg from Right of Way (ROW) to Debris Management Site (DMS) CY $ 7.42 > s 16-30 Miles Veg from ROW to DMS CY $ 7.94 ra 31-60 Miles Veg from ROW to DMS CY $ 8.97 to U � >60 Miles Veg from ROW to DMS CY $ 10.44 a Single Price Veg from ROW to DMS CY $ 8.97 Y Grinding/chipping vegetative debris CY $ 2.24 E'� I Air Curtain Burning vegetative debris CY $ 1.05 Open Burning vegetative debris CY 5 0.48 ra M Compacting vegetative debris CY $ D.48 C � Debris Preparation, management, and segregation at debris management site CY $ 1.94 0-15 Miles C&D from Right of Way (ROW) to Debris Management Site (DMS) CY $ 7.42 ;a 16-30 Miles C&D from ROW to DMS CY $ 7.94 V � _ o 31-60 Miles C&D from ROW to DMS CY $ 8.97 U o >60 Miles C&D from ROW to DMS CY $ 10.44 U i Single Price C&D from ROW to DMS CY $ $.97 0-15 Miles from DMS to Final Disposal CY $ 3.44 16-30 Miles from DMS to Final Disposal CY $ 4.12 31-60 Miles from DMS to Final Disposal CY $ .4,98 LA >60 Miles from DMS to Final Disposal CY $ 598 7 Single Price from DMS to Final Disposal CY $ 4.98 f C Tipping Fees (Vegetative) Pass through amount [Line Item Deleted by 7 Addendum #41 Tipping Fees (Mix) Pass through amount [Line Item Deleted by Addendum #4] Tipping Fees (C&D) Pass through amount [Line Item Deleted by Addendum #41 2S 109 of 298 Firm: Ceres Environmental Services, Inc. Category I Description _ _ Unit Cost Per Unit f 1 Remove Hazardous Trees 6"-12" trunk Tree $ 58.00 ' Remove Hazardous Trees 13"-24" trunk Tree $ 127.00 Remove Hazardous Trees 25"-36" trunk Tree $ 168.00 oRemove Hazardous Trees 37"-48" trunk Tree $ 2S9.00 L Remove Hazardous Trees > 48" trunk Tree $ 298.00 m o Remove Trees with Hazardous Limbs >2" from tree Tree $ 84.84 a L Remove Hazardous Sumps 24"-36" diameter Stump $ 118.00 l Remove Hazardous Sumps 37"-48" diameter Stump $ 168.00 Remove Hazardous Sumps >49" diameter Stump $ 218.00 Fill dirt for stump holes after removal CY $ 26.71 Debris Removal from canals, rivers, creeks, streams, and ditches CY $ 39.97 Pick up, screen, and return debris laden sand/mud/dirt/rock CY $ 16.83 Removal of eligible vehicles EA $ 145.00 Removal of eligible vessel from land LF $ 41.56 Removal of eligible vessel from waterway LF $ 99.89 Carcass and Putrescent Removal (animals and organic fleshy matter) LB $ 0.76 �. White Goods from Row to Disposal EA $ 36.00 Freon Management and Recycling EA $ 31.00 v Demolition of Private Structure Price for Non-RACM, see note below CY $ 18.16 Ewaste containing hazardous materials (CRT, computers, monitors and TVs) EA $ 34.95 Silt Removal CY $ 9.87 Biowaste - - LS $ 19.67 HHW LB $ $,90 c Beach/Lake Restoration (Berm/Beach Construction) CY $ 29.80 0 .W Cana[ Shoreline Restoration CY $ 32.42 Demolition of Private Structure, RACM CY $27.84 25 110 of 298 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto, Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Ceres Environmental Services, Inc. Name of Firm Authorized Signature C Grief Financial Officer Title February 27, 2017 Date Signed 6968 Professional Parkway East Address Sarasota, FL 34240 City, State, Zip Code (800 ) 298 _ 4424 Phone gail.hanscom@ceresenv.com E-ma[I 26 111 of 298 EXHIBIT D State of Florida and Federal Requirements References to "contractor" in this exhibit refer to the party providing services to a governmental entity through this agreement or contract. Funding, in whole or in part, for this Project is through a Federal grant therefore all provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements ("Uniform Rules") apply to this Project. Federal Law requires that contracts relating to the Project include certain provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements. Depending upon the type of work or services provided and the dollar value of the Project, some of the provisions set forth in 2 CFR §§ 200.317 through 200.326 may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Project to comply with Federal Law. This Project will be in strict compliance with program requirements of the Awarding Agency and of 2 CFR §§ 200.317 through 200.326. Compliance with Federal Law, Regulations, and Executive Orders Contractor acknowledges that Federal financial assistance will be used to fund the Contract and Contractor agrees it will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. No Obligation by Federal Government Contractor acknowledges the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Page 1 of 8 112 of 298 C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity" and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G The contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Small and Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms The Contractor agrees to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. The Contractor shall, if subcontracts are to be let, take the affirmative steps listed in paragraphs (1) through (5) of this section. E-Verify Compliance The contractor and subcontractor must register with and use the E-verify system in accordance with Florida Statute 448.095. A contractor and subcontractor may not enter into a contract with the City unless each party registers with and uses the E-verify system if a contractor enters a contract with a Page 2of8 113 of 298 subcontractor, the subcontractor must provide the contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized aliens. The contractor must maintain a copy of the affidavit for the duration of the contract. If the City, Contractor, or Subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Florida Statute 448.09(1) shall immediately terminate the contract with the person or entity. If the City has a good faith belief that a Subcontractor knowingly violated this provision, but the Contractor otherwise complied with this provision, the City will notify the Contractor and order that the Contractor immediately terminate the contract with the Subcontractor. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged to Section 448.095(2)(d), Florida Statute. Contractor acknowledges upon termination of this agreement by the City for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in this section, requiring the subcontracts to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any Subcontractor or Lower Tier Subcontractor with the clause set for in this section. Disadvantaged Business Enterprises (DBE) Contractors Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 C.F.R., Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this agreement. In this regard, contractor shall take all necessary and reasonable steps in accordance with 49 C.F.R., Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of federal assisted contracts. Contract Work Hours and Safety Standards Act 1. Applicability: This requirement applies to all Federal grant and cooperative agreement programs. 2. Where applicable see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, E. 3. Under 40 U.S.C. § 3702, 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. 4. 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. 5. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: Comuliance with the Contract Work Hours and Safetv Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work, to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in Page 3 of 8 114 of 298 such work week. (2) Violation: liabilitv for unpaid wages: liauidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. City of Sebastian/FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Compliance with Clean Air Act and the Federal Water Pollution Control Acts The Contractor or subcontractor shall 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). Debarment and Suspension (Executive Orders 12549 and 12689) The Contractor certifies, by entering into this Contract, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally -assisted programs under Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). The term "principal" for purposes of this Contract is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. The Contractor understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Page 4 of 8 115 of 298 (3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Florida Division of Emergency Management and the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." Byrd Anti -Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of 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 USC § 1352. Each tier shall also 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 recipient. Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements. Submit a signed copy of Appendix A, 44C.F.R. Part 18 — Certification Regarding Lobbying to the City of Sebastian. Contractor shall file the required certification: The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. Procurement of Recovered Materials (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired- 0) Competitively within a timeframe providing for compliance with the contract performance schedule; (H) Meeting contract performance requirements; or Page 5of8 116 of 298 (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines website, httt)://www.et)a.lTOV/CDP-/. The list of EPA -designate items is available at httn://www.eDa.gov/ct)p-/Droducts.htm. DHS Seal, Logo, and Flags Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Remedies and Dispute Resolution Should any disputes arise with respect to the Agreement; the Parties agree to act immediately to resolve such disputes and shall include parties from the Owner and the Contractor that can bind and implement the decisions of any resolution. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Agreement that are not affected by the dispute and the Owner shall continue to make payment for all work properly performed. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Termination for Convenience The Owner may terminate this Agreement for convenience or for cause upon written notice to the Contractor. The Contractor may terminate this Agreement upon thirty (30) days written notice to the Owner. During such termination period, the Contractor shall continue to diligently perform all of its duties hereunder. After a receipt of a termination notice and except as otherwise directed by the Owner, the Contractor shall: stop work on the date and to the extent specified; terminate and settle all orders and subcontracts relating to the performance of the terminated work; transfer all work in process, completed work, and other materials related to the terminated work as directed by the Owner; and continue and complete all parts of that work that have not been terminated. Access to Records Contractor acknowledges the following access to records requirements apply to this contract: (1) The contractor agrees to provide City of Sebastian, Florida Division of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representative(s) access to construction or other work sites pertaining to the work being completed under the contract. Page 6 of 8 117 of 298 Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services as used in this clause. (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system; and b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. Page 7 of 8 118 of298 (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or sub recipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph, in all subcontracts and other contractual instruments. The Contractor, Ceres Environmental Services Inc., hereby acknowledges that the above State of Florida and Federal clauses and requirements apply to this contract, as amended. Tia Laurie Ceres Environmental Services, Inc. Director of Administration Date Brian Benton City of Sebastian City Manager Page 8 of 8 Date 119 of298 (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or sub recipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph, in all subcontracts and other contractual instruments. The Contractor, Ceres Environmental Services Inc., hereby acknowledges that the above State of Florida and Federal clauses and requirements apply to this contract, as amended. Tia Laurie Ceres Environmental Services, Inc. Director of Administration Date Brian Benton City of Sebastian City Manager Date Page 8of8 120 of 298 Certification Regarding Lobbying Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipienttsubcontractces Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 61 121 of 298 t�1 t�E SEST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinp- Date: June 14, 2023 Agenda Item Title: Timothy Rose Contracting, Inc. Debris Removal and Disposal Contract Extension and Amendment 2 Recommendation: Staff recommends Council approve the one (1) year extension and Amendment #2 of the Timothy Rose Contracting, Inc. contract for debris removal and disposal services through July 8, 2024 Backaround: The City of Sebastian currently has Timothy Rose Contracting, Inc, under contract for Debris Removal and Disposal in relation to storm events through July 9, 2023. As the contract is expiring, staff would like to extend the contract for one (1) additional year to allow for continuous debris removal and disposal services through the 2023 Hurricane Season. During this request for extension staff is also amending the contract to include the latest State and Federal requirements for such contracts. Staff respectfully requests City Councils approval to complete all necessary documents with the contractor as outlined below. MAP-enda Item Requires Ex[}enditure of Funds: Budgeted Amount. $0 Total Cost: $0 Funds to Be Utilized for Appropriation: None Attachments: 1. Exhibit A - Notice of Intent to Extend Debris Removal and Disposal for one (1) additional year 2. Exhibit B - Amendment #2, Debris Removal and Disposal Agreement 3. Exhibit C - RFQ 17-03 Original Price Forth 4. Exhibit D — State of Florida and Federal Requirements 5. Exhibit E — A-44 Lobbying /j Administrative Services Department Review: l 1 City Attorney Review: _ Procurement Division Review, if applicable: City Manager th zation: Date: (., (7 .Z 122 of 298 CIN Cf SE HOME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 Main Street —Sebastian, Florida 32958 June 15, 2023 Timothy Rose, President Timothy Rose Contracting, Inc. 1360 Old Dixie Highway, Suite 106 Vero Beach, Florida 32962 Tim rose7 ..comcast.net SUBJECT: Notice of Intent to Extend Debris Removal and Disposal for one-(1) additional year Mr. Rose: The agreement between the City of Sebastian and Timothy Rose Contracting, Inc. is due to expire on July 9, 2023. Per "Article 3" of the Agreement, "The City will pay the Contractor for all work included and completed in accordance with this Agreement, based on the items of work set forth in the Contractors Proposal Price Form and the Contractor's hourly rate schedule for any force account." Acceptance of this offer guarantees that all of the original terms, conditions and prices of the previous agreement shall remain in full force and shall be honored for the extension term of the contract from July 9, 2023 through July 8, 2024, During this extension we are also requesting Amendment 2/Exhibit B, Debris Removal and Disposal Agreement, along with Exhibit D, State of Florida and Federal Requirements, and Exhibit E, A — 44 Lobbying be added to the contract in order to comply with the latest state and federal regulations. Please sign and return the Notice of Intent to Extend, an updated Certificate of Insurance Certificate, Amendment 2/Exhibit B, Exhibit D, State of Florida and Federal Requirements and Exhibit E, A-44 Lobbying to the City via DocuSign by Monday, June 19, 2023. Should you have any questions, please contact Don Wixon, Procurement/Contracts Manager, at (772) 388-8231 or dwixon@cityofsebastian.org. We value your association with the City of Sebastian. Sincerely, Procurement/Contracts Manager Check one: Yes — Timothy Rose Contracting, Inc. will honor pricing and contract terms and conditions from July 9, 2023 through July 8, 2023. No — Timothy Rose Contracting, Inc. will not honor pricing and contract terms and conditions from July 9, 2023 through July 8, 2023. Timothy Rose Date Brian Benton, City Manager Date Attachments: Amendment 2/Exhibit B, Exhibit D, Exhibit E, and Original Proposal Price Form 123 of 298 AMENDMENT #2 TO DEBRIS REMOVAL AND DISPOSAL AGREEEMENT BETWEEN THE CITY OF SEBASTIAN AND TIMOTHY ROSE CONTRACTING, INC. This Amendment to Agreement is made as of the 15`s day of June, 2023, by and between the City of Sebastian (hereinafter referred to as the Owner), and Timothy Rose Contracting, Inc. (hereinafter referred to as theContractor). WITNESSETH: WHEREAS, the Owner entered into an agreement on September 9, 2010 with the Contractor to provide disaster debris removal and disposal and related emergency management services; and WHEREAS, the Owner wishes to extend the term to June 15, 2023; and WHEREAS, Exhibit D —State of Florida and Federal Clauses is hereby appended to the Agreement; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Owner and the Monitor agree as follows: SECTION 1— TERM The Agreement shall be amended to incorporate Exhibit D —State of Florida and Federal Clauses into the terms and conditions. Monitor shall not engage a subcontractor with any work without prior written authorization from Owner. SECTION 2- PRICES, TERMS AND CONDITIONS All other prices, terms and conditions of the Agreement, not specifically amended herein, are unchanged and shall remain in full force and effect. SECTION 3-SEVERABILITY Should any part, term, or provision of this amendment be by the courts decided to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected hereby. SECTION 4- SUCCESSORS AND ASSIGNS This Agreement is binding upon and will inure to the benefit of Owner and Contractor and their respective successors and assigns. The rights and obligations under this agreement may only be transferred by; 1) transfer to a wholly owned subsidiary of Contractor's parent company, 2) as a result of a merger or acquisition by another company, or 3) by mutual agreement of the parties. 124 of 298 SECTION 5 — PUBLIC RECORDS 1) CONTRACT REQUIREMENTS. —In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency's custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL jwilliamsncitvofsebastian.org CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. (b) A provision that requires the contractor to comply with public records laws, specifically 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 this chapter 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 the 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. 125 of 298 SECTION 6- NOTICES All notices and other communications required or permitted under this Agreement shall be in writing and given to: OWNER: City of Sebastian — Director of Public Works / City Engineer Attn: Ms. Karen Miller, P.E. 1225 Main Street Sebastian, FL 32958 (W) 772-228-7056 E-mail: kmiller@cityofsebastian.org CONTRACTOR: Timothy Rose President 1360 Old Dixie Highway, Suite 106 Vero Beach, FL 32962 (772) 564-7800E-mail: timrose7(o)comcast.net In Witness Whereof, the parties have made and executed this Amendment on behalf of the parties on the day and year above written. Contractor: Owner: Timothy Rose Contracting, Inc. City of Sebastian LIM LIZA Printed Name: Timothy Rose Printed Name: President 126 of 298 Firm L�ff Category Description Remove Hazardous Trees 6"-12" trunk Remove Hazardous Trees 13"-24" trunk Remove Hazardous Trees 25"-36" trunk c Remove Hazardous Trees 37"-48" trunk a Remove Hazardous Trees > 48" trunk o Remove Trees with Hazardous Limbs >2" from tree d Remove Hazardous Sumps 24"-36" diameter Remove Hazardous Sumps 37"-48" diameter Remove Hazardous Sumps >49" diameter Fill dirt for stump holes after removal Debris Removal from canals, rivers, creeks, streams, and ditches Pick up, screen, and return debris laden sand/mud/dirt/rock Removal of eligible vehicles Removal of eligible vessel from land Removal of eligible vessel from waterway mCarcass and Putrescent Removal (animals and organic fleshy matter) White Goods from Row to Disposal 22 Freon Management and Recycling v y Demolition of Private Structure Ewaste containing hazardous materials (CRT, computers, monitors and Ns) Slit Removal Biowaste HHW g Beach/Lake Restoration (Berm/Beach Construction) 0 Canal Shoreline Restoration 25 Unit Cost Per Unit Tree $ 4s'. — Tree $ RJ .' Tree $ IGO."° Tree $ Tree $ Tree $ (p$ Stump $ LCO o0 Stump $ (QS O0 Stump $ 2c(5 00 CY $ L(D.o° CY $ 2"I -ao CY $ lZ o0 EA $ t5O o0 LF $ —(S.'00 LF $ $S.00 LB $ Z S0 EA $ 3f, 00 EA $ �.Qo cY $ � o 00 EA $ 20.°" CY $ l Z °o LB $ -o 0 LB $ CY $ l 8 - pO CY $ ZS',00 127 of 298 HOURLY COST PROPOSAL TO INCLUDE OPERATOR, FUEL AND MAINTENANCE City of Sebastian Bid 17-03 HOURLY EQUIPMENT RATE WHEEL LOADER WITH DEBRIS GRAPPLE or BUCKET (Bucket capacity 2 CY) 135.00 WHEEL LOADER WITH DEBRIS GRAPPLE or BUCKET (Bucket capacity 3 CY) i5'51, 00 WHEEL LOADER WITH DEBRIS GRAPPLE or BUCKET (Bucket capacity 4 CY) -11!S7 °0 WHEEL LOADER WITH DEBRIS GRAPPLE or BUCKET (Bucket capacity 5 CY) 1 49$ Q0 WHEEL LOADER WITH DEBRIS GRAPPLE or BUCKET (Bucket capacity 6 CY) Z20.00 WHEEL LOADER WITH DEBRIS GRAPPLE or BUCKET (Bucket capacity 7 CY) 2y430 0 EXTENDABOOM FORKLIFT WITH DEBRIS GRAPPLE «5 f0a SKID STEER LOADER WITH STREET SWEEPER 4� S o D SKID STEER LOADER WITH BUCKET or GRAPPLE (Capacity 1000 CY) R Jam.0" SKID STEER LOADER WITH BUCKET or GRAPPLE (Capacity 2000 CY) L0, ° 2- 2 1/2 CY ARTICULATED LOADER WITH BUCKET 1,0 ° 30-50 HP FARM TRACTOR WITH BOX BLADE OR RAKE _0-0 DOZER (75 HP) i �.S'o o DOZER (105 HP) DOZER (160 HP) DOZER (250 HP) DOZER (360 HP) MOTOR GRADER (110-150 HP) l W,°a TRACK HOE WITH DEBRIS GRAPPLE t'llS.``� TRACK HOE WITH BUCKET AND THUMB 19 S. RUBBER TIRED EXCAVATOR WITH DEBRIS GRAPPLE (184 HP) g$ w RUBBER TIRED EXCAVATOR WITH DEBRIS GRAPPLE (230 HP) ( q$, RUBBER TIRED EXCAVATOR WITH DEBRIS GRAPPLE (238 HP 0-5 SELF LOADER SCRAPER Z00 .`L HAND FED DEBRIS CHIPPER 300-400 HP GRINDER 800-1000 HP GRINDER IZS0."` 50 TON CRANE 2Z O • �' 75 TON CRANE 2190.`" 100 TON CRANE (EIGHT HOURS MINIMUM) 40'-60' BUCKET TRUCK 60' OR GREATER BUCKET TRUCK L to S. FUEL/SERVICE TRUCK k(c ,"- WATER TRUCK 2000 GALLON PORTABLE LIGHT PLANT LOWBOY TRAILER WITH TRACTOR FLATBED TRUCK k ?_0 . 1 128 of 298 SELF LOADING TRUCK with DEBRIS GRAPPLE & TRAILER. SELF LOADING DUMP TRUCK & WITH DEBRIS GRAPPLE SINGLE AXLE DUMP TRUCK 5-12 CY TANDEM AXLE DUMP TRUCK 16-20 CY TANDEM AXLE DUMP TRUCK 21-30 CY 'ls►w TANDEM AXLE DUMP TRUCK 31-50 CY TANDEM AXLE DUMP TRUCK 51-80 CY TANDEM AXLE DUMP TRUCK/TRACTOR TRAILER OVER 80 CY GENERATOR (25-125 HP) GENERATOR (240-50D HP) Lil GENERATOR (500-1000 HP) (Po Q," CI4AI NSAW t o , ° TEMPORARY ONCE TRAILER (8 ft. x 32 ft. minimum) t !S7. RESPONSE TRAILER 20' ZQ , RESPONSE TRAILER 36' 3'5," PORTABLE TOWER WIT14 CANOPY (DMS) as'„ " LABORER WITH HAND TOOLS FLAGGER/MOT 4C. M SKILLED SAW MAN (TREE TRIMMING) (ps, " CREW FOREMAN WITH TRUCK A14D COMMUNICATIONS I 4 5 , OPERATIONS MANAGER WITH TRUCK AND COMMUNICATIONS CLIMBER WITH GEAR '� u • ALL EQUIPMENT DESCRIPTIONS WILL BE IN ACOORDANCE WITH THE FEMA Cost Code for Equipment and Vehicles " ALL EQUIPMENT RATES INCLUDE THE COST OF THE OPERATOR, FUEL, AND MAINTENANCE UNLESS OTHERWISE NOTED. "' ALL LABOR RATES INCLUDE THE APPLICABLE PERSONAL PROTECTIVE EQUIPMENT SUCH AS HARD HATS, SAFETY SHOES, GLOVES, SAFETY GLASSES/SHIELD, HEARING PROTECTION AND TRAFFIC SAFETY VESTS. 129 of 298 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. -]TbQ� 0 \ au s1 L) k A ik Yib 10 � Name of Fi Address \(Ldbac, p_ 3Z°u Authorized Signature City, State, Zip Code Title Z-Z�-n Date Signed 26 Phone J ky4ns-'-7 LCJMCA-S�-A + E-mail 130 of 298 EXHIBIT D State of Florida and Federal Requirements References to "contractor" in this exhibit refer to the party providing services to a governmental entity through this agreement or contract. Funding, in whole or in part, for this Project is through a Federal grant therefore all provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements ("Uniform Rules") apply to this Project. Federal Law requires that contracts relating to the Project include certain provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements. Depending upon the type of work or services provided and the dollar value of the Project, some of the provisions set forth in 2 CFR §§ 200.317 through 200.326 may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Project to comply with Federal Law. This Project will be in strict compliance with program requirements of the Awarding Agency and of 2 CFR §§ 200.317 through 200.326. Compliance with Federal Law, Regulations, and Executive Orders Contractor acknowledges that Federal financial assistance will be used to fund the Contract and Contractor agrees it will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. No Obligation by Federal Government Contractor acknowledges the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Page 1 of 8 131 of 298 C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity" and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G The contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Small and Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms The Contractor agrees to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. The Contractor shall, if subcontracts are to be let, take the affirmative steps listed in paragraphs (1) through (5) of this section. E-Verify Compliance The contractor and subcontractor must register with and use the E-verify system in accordance with Florida Statute 448.095. A contractor and subcontractor may not enter into a contract with the City unless each party registers with and uses the E-verify system if a contractor enters a contract with a Page 2 of 8 132 of 298 subcontractor, the subcontractor must provide the contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized aliens. The contractor must maintain a copy of the affidavit for the duration of the contract. If the City, Contractor, or Subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Florida Statute 448.09(1) shall immediately terminate the contract with the person or entity. If the City has a good faith belief that a Subcontractor knowingly violated this provision, but the Contractor otherwise complied with this provision, the City will notify the Contractor and order that the Contractor immediately terminate the contract with the Subcontractor. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged to Section 448.095(2)(d), Florida Statute. Contractor acknowledges upon termination of this agreement by the City for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in this section, requiring the subcontracts to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any Subcontractor or Lower Tier Subcontractor with the clause set for in this section. Disadvantaged Business Enterprises (DBE) Contractors Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 C.F.R., Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this agreement. In this regard, contractor shall take all necessary and reasonable steps in accordance with 49 C.F.R., Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of federal assisted contracts. Contract Work Hours and Safety Standards Act 1. Anulicability: This requirement applies to all Federal grant and cooperative agreement programs. 2. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, E. 3. Under 40 U.S.C. § 3702, 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. 4. 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. 5. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: ComDliance with the Contract Work Hours and Safetv Standards Act (1) Overtime reauirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work, to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in Page 3 of 8 133 of 298 such work week. (2) Violation. liabilitv for unpaid wades; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. City of Sebastian/FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Compliance with Clean Air Act and the Federal Water Pollution Control Acts The Contractor or subcontractor shall 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). Debarment and Suspension (Executive Orders 12549 and 12689) The Contractor certifies, by entering into this Contract, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally -assisted programs under Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). The term "principal' for purposes of this Contract is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. The Contractor understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Page 4 of 8 134 of 298 (3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Florida Division of Emergency Management and the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." Byrd And -Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of 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 USC § 1352. Each tier shall also 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 recipient. Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements. Submit a signed copy of Exhibit E, A, 44 C.F.R. Part 18 — Certification Regarding Lobbying to the City of Sebastian. Contractor shall file the required certification: The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. Procurement of Recovered Materials (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— W Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or Page 5 of 8 135 of 298 (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines website, htty://www.et)a.aov/coal. The list of EPA -designate items is available at httD://www.et)a.gov/cvgJvroducts.htin. DHS Seal, Logo, and Flags Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Remedies and Dispute Resolution Should any disputes arise with respect to the Agreement; the Parties agree to act immediately to resolve such disputes and shall include parties from the Owner and the Contractor that can bind and implement the decisions of any resolution. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Agreement that are not affected by the dispute and the Owner shall continue to make payment for all work properly performed. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Termination for Convenience The Owner may terminate this Agreement for convenience or for cause upon written notice to the Contractor. The Contractor may terminate this Agreement upon thirty (30) days written notice to the Owner. During such termination period, the Contractor shall continue to diligently perform all of its duties hereunder. After a receipt of a termination notice and except as otherwise directed by the Owner, the Contractor shall: stop work on the date and to the extent specified; terminate and settle all orders and subcontracts relating to the performance of the terminated work; transfer all work in process, completed work, and other materials related to the terminated work as directed by the Owner; and continue and complete all parts of that work that have not been terminated. Access to Records Contractor acknowledges the following access to records requirements apply to this contract: (1) The contractor agrees to provide City of Sebastian, Florida Division of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representative(s) access to construction or other work sites pertaining to the work being completed under the contract. Page 6 of 8 136 of 298 Prohibition on Contracting for Covered Telecommunications Eauiunaent or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services as used in this clause. (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system; and b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. Page 7 of 8 137 of 298 (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or sub recipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph, in all subcontracts and other contractual instruments. The Contractor, Timothy Rose Contracting, Inc., hereby acknowledges that the above State of Florida and Federal clauses and requirements apply to this contract, as amended. Timothy Rose Timothy Rose Contracting, Inc. President Brian Benton City of Sebastian City Manager Page 8 of 8 Date Date 138 of 298 Certification Regarding Lobbying Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will ex $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. O Thls Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying; In accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, If any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Reciplentlsubcontractor's Authorized Official Date 61 139 of 298 an a SEAT, HOME OF PELICAN NMI) CITY CCOUNCIL AGENDA TRANSMITTAL Council Mectine Date: June 14, 2023 Agenda Item Title: Neel -Schaffer, Inc. Disaster Debris Monitoring Contract, Amendment 4 Recommendation: Staff recommends Council approve Amendment #4 to the Neel -Schaffer, Inc., Disaster Debris Monitoring Contract to comply with all of the latest State and Federal regulations Background: The City of Sebastian currently has Neel -Schaffer, Inc., under contract for Disaster Debris Monitoring. Their contract is valid through April 30, 2025. As the State and Federal regulations related to federally funded projects have changed after the last hurricane season. Staff would life to amend their contract to align the contract with the latest State and Federal regulations for such contracts. Staff is respectfully requesting City Councils approval to complete all necessary documents with the contractor as outlined below. If Agenda Item Renuires Expenditure of Funds: Budgeted Amount: $0 Total Cost: $0 Funds to Be Utilized for Appropriation: None Attachments: 1. Exhibit A - Amendment #4, Agreement to Provide Disaster Debris Monitoring 2. Exhibit B — Proposal Pricing Form 3. Exhibit C, State of Florida and Federal Requirements 4. Exhibit D, A-44 Lobbying i Administrative Services Department Review: l City Attorney Review: _ Procurement Division Review, if applicable: �A City Manager uth rization: l Date: 140 of 298 AMENDMENT #4 TO AGREEMENT TO PROVIDE DISASTER DEBRIS MONITORING AND EMERGENCY MANAGEMENT CONSULTING BETWEEN THE CITY OF SEBASTIAN AND NEEL-SCHAFFEP., INC. This Amendment to Agreement is made as of the 15'' day of June, 2023, by and between the City of Sebastian (hereinafter referred to as the Owner), and Neel -Schaffer, Inc., (hereinafter referred to as the Monitor). WITNESSETH: WHEREAS, the Owner entered into an agreement on September 9, 2010 with the Monitor to provide disaster debris monitoring and related emergency management services; and WHEREAS, the Owner amended the Agreement April 16, 2020, extending the term to April, 30, 2025, extendable by mutual agreement of the parties, and WHEREAS, Exhibit C —State of Florida and Federal Clauses is hereby appended to the Agreement; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Owner and the Monitor agree as follows: SECTION 1— TERM The Agreement shall be amended to incorporate Exhibit C —State of Florida and Federal Clauses into the terms and conditions. Monitor shall not engage a subcontractor with any work without prior written authorization from Owner. SECTION 2- PRICES, TERMS AND CONDITIONS All other prices, terms and conditions of the Agreement, not specifically amended herein, are unchanged and shall remain in full force and effect. SECTION 3-SEVERABILITY Should any part, term, or provision of this amendment be by the courts decided to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected hereby. SECTION 4 - SUCCESSORS AND ASSIGNS This Agreement is binding upon and will inure to the benefit of Owner and Monitor and their respective successors and assigns. The rights and obligations under this agreement may only be transferred by; 1) transfer to a wholly owned subsidiary of Monitor's parent company, 2) as a result of a merger or acquisition by another company, or 3) by mutual agreement of the parties. 141 of 298 SECTION 5 — PUBLIC RECORDS 1) CONTRACT REQUIREMENTS. —In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency's custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL iwilliamsacitvofsebastian.ore CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. (b) A provision that requires the contractor to comply with public records laws, specifically 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 this chapter 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 the 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. 142 of 298 SECTION 6 - NOTICES All notices and other communications required or permitted under this Agreement shall be in writing and given to: OWNER: City of Sebastian — Director of Public Works / City Engineer Attn: Ms. Karen Miller, P.E. 1225 Main Street Sebastian, FL 32958 (W) 772-228-7056 E-mail: kmiller@cityofsebastian.org MONITOR: Derrick P. Tucker, P.E. Senior Vice President 2501 Avenue ], Suite 120 Arlington, TX 76006 (Cell) 601-506-3298 E-mail: derrick.tuckerAneel-schaffer.com In Witness Whereof, the parties have made and executed this Amendment on behalf of the parties on the day and year above written. Monitor: Neel -Schaffer, Inc. Owner: City of Sebastian an Printed Name: Derrick Tucker, P.E. Printed Name: Senior Vice President 143 of 298 Exhibit B Fee Schedule City of Sebastian 2010-2015 Debris Removal Monitoring Neel -Schaffer, Inc. Position ��ft"MA'} � � Data Manager `, �. y n ti 4� We wfll not charge reimbursement for normal expenses. Labor costs will cover all expenses except marine based expenses such as boat rental. All overtime hours charged at the same hourly rates as regular hours. Included Items for no additional expense for reimbursement will be food, lodging, cell phone, GPS, automobile expenses, etc. 144 of 298 EXHIBIT C State of Florida and Federal Requirements References to "contractor" in this exhibit refer to the party providing services to a governmental entity through this agreement or contract. Funding, in whole or in part, for this Project is through a Federal grant therefore all provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements ("Uniform Rules") apply to this Project. Federal Law requires that contracts relating to the Project include certain provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements. Depending upon the type of work or services provided and the dollar value of the Project, some of the provisions set forth in 2 CFR §§ 200.317 through 200.326 may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Project to comply with Federal Law. This Project will be in strict compliance with program requirements of the Awarding Agency and of 2 CFR §§ 200.317 through 200.326. Compliance with Federal Law, Regulations, and Executive Orders Contractor acknowledges that Federal financial assistance will be used to fund the Contract and Contractor agrees it will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. No Obligation by Federal Government Contractor acknowledges the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Page 1 of 8 145 of 298 C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, "Equal Employment Opportunity" and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G The contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Small and Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms The Contractor agrees to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. The Contractor shall, if subcontracts are to be let, take the affirmative steps listed in paragraphs (1) through (5) of this section. E-Verify Compliance The contractor and subcontractor must register with and use the E-verify system in accordance with Florida Statute 448.095. A contractor and subcontractor may not enter into a contract with the City unless each party registers with and uses the E-verify system if a contractor enters a contract with a Page 2 of 8 146 of 298 subcontractor, the subcontractor must provide the contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized aliens. The contractor must maintain a copy of the affidavit for the duration of the contract. If the City, Contractor, or Subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Florida Statute 448.09(1) shall immediately terminate the contract with the person or entity. If the City has a good faith belief that a Subcontractor knowingly violated this provision, but the Contractor otherwise complied with this provision, the City will notify the Contractor and order that the Contractor immediately terminate the contract with the Subcontractor. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged to Section 448.095(2)(d), Florida Statute. Contractor acknowledges upon termination of this agreement by the City for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in this section, requiring the subcontracts to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any Subcontractor or Lower Tier Subcontractor with the clause set for in this section. Disadvantaged Business Enterprises (DBE) Contractors Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 C.F.R., Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this agreement. In this regard, contractor shall take all necessary and reasonable steps in accordance with 49 C.F.R., Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of federal assisted contracts. Contract Work Hours and Safety Standards Act 1. ADnlicability: This requirement applies to all Federal grant and cooperative agreement programs. 2. Where applicable see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, E. 3. Under 40 U.S.C. § 3702, 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. 4. 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. 5. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: Comuliance with the Contract Work Hours and Safety Standards Act (1) Overtime reauirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work, to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in Page 3 of 8 147 of 298 such work week. (2) Violation: liabilitv for unpaid wages: liauidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. City of Sebastian/FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Compliance with Clean Air Act and the Federal Water Pollution Control Acts The Contractor or subcontractor shall 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). Debarment and Suspension (Executive Orders 12549 and 12689) The Contractor certifies, by entering into this Contract, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally -assisted programs under Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). The term "principal" for purposes of this Contract is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. The Contractor understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Page 4of8 148 of 298 (3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Florida Division of Emergency Management and the City of Sebastian.the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." Byrd Anti -Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall provide the required certification that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer of 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 USC § 1352. Each tier shall also 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 recipient. Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements. Submit a signed copy of Exhibit D, A — 44, C.F.R. Part 18,— Certification Regarding Lobbying to the City of Sebastian. Contractor shall file the required certification: The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. Procurement of Recovered Materials (1) In the performance of this contract, the Contractor shall_ make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired- 0) Competitively within a timeframe providing for compliance with the contract performance schedule; (H) Meeting contract performance requirements; or Page 5 of 8 149 of 298 (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines website, httn://www.ena.gov/cng/. The list of EPA -designate items is available at httr)://www.eDa.gov/cDa/Droducts,htm. DHS Seal, Logo, and Flags Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Remedies and Dispute Resolution Should any disputes arise with respect to the Agreement; the Parties agree to act immediately to resolve such disputes and shall include parties from the Owner and the Contractor that can bind and implement the decisions of any resolution. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Agreement that are not affected by the dispute and the Owner shall continue to make payment for all work properly performed. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Termination for Convenience The Owner may terminate this Agreement for convenience or for cause upon written notice to the Contractor. The Contractor may terminate this Agreement upon thirty (30) days written notice to the Owner. During such termination period, the Contractor shall continue to diligently perform all of its duties hereunder. After a receipt of a termination notice and except as otherwise directed by the Owner, the Contractor shall: stop work on the date and to the extent specified; terminate and settle all orders and subcontracts relating to the performance of the terminated work; transfer all work in process, completed work, and other materials related to the terminated work as directed by the Owner; and continue and complete all parts of that work that have not been terminated. Access to Records Contractor acknowledges the following access to records requirements apply to this contract: (1) The contractor agrees to provide City of Sebastian, Florida Division of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representative(s) access to construction or other work sites pertaining to the work being completed under the contract. Page 6 of 8 150 of 298 Prohibition on Contracting for Covered Telecommunir,Ations Equioment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services as used in this clause. (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system; and b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. Page 7 of 8 151 of 298 (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or sub recipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph, in all subcontracts and other contractual instruments. The Contractor, Neel -Schaffer, Inc., hereby acknowledges that the above State of Florida and Federal clauses and requirements apply to this contract, as amended. Derrick Tucker, P.E. Senior Vice President Neel -Schaffer, Inc. Date Brian Benton City of Sebastian City Manager Page 8 of 8 Date 152 of 298 Certification Regarding Lobbying Check the appropriate box: This Certification Regarding Lobbying is required because the Contact, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. * This Certification Is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A. 44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certificaticn be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, truthfulness and accuracy of each statement of its certification and understands and agrees that the provisions of 31 U.S.C. Chap. 38, and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official certifies or affirms the disclosure, if any. In addition, the Contractor Administrative Remedies for False Claims Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 61 153 of 298 L,n LY SESAST,V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 14, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Sebastian Fitness Christmas Party at the Community Center. Background: Micki Discepolo is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, December 9th, 2023 from 7:00pm to 11:00pm. Staff has verified applicant's date of birth. They are expecting 50 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: Date: 154 of 298 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2645 Name a.,�ba-s baz4 . " bw-<o u Cash zp Date I D�I ''`Y a _ +Check r# � rr7 m 0 A /Y .1- :a Credit 47/g3� �' dO�� �f �� 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services se-e- f Li n d u i, c Amount Paid 13,oca -7so,ao Total Paid Initials Fa -• 155 of 298 White - DeDt. of Qriain • Yellow - Admin. Svcs. • Pink - ADDlicant City Lr SEBASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 For emergency purposes ONLY please dial772.473.04541 Date;j 3 j Community Center ❑ Yacht Club 5­e' Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address (if different) 7���s city _ State Zip Phone E-Mail t7 OA o I �' _�A/L Reason foF Rental — Z a of Function Anticipate Nu ber of Attendees (if more than 75 attendees, police services are required by R-10-15) Requeste Da a Time: ?Ir To� Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? p0 3) Will alcoholic beverages be served? , n If yes, please provide govt. issued ID proof of age Dale of firth Verified by 1, �' i' f� G rl 'J! �� f�cf�J the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any da to the facility will result i rfeiture, in part or full, of the security deposit. � 1 ignalure � plicant 156 of 298 pp ��CROF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Medina Date: June 14, 2023 Agenda Item Title: Parks and Recreation Advisory Committee Recommendation: 1) Fill two expired, regular member positions — new terms to expire 5/31 /2026 2) Fill one expired, alternate member position — new term to expire 5/31 /2026 Background: In response to the City Clerk's advertisement, the following residents have expressed interest: JoAnn Webster (current regular member incumbent) Vicki Drumheller (current alternate member incumbent, interested in moving to a regular member position) Robert Allen Christopher Day Attachments: Applications, member list, advertisement Administrative Services Department view: NIA City Attorney Review: City Manager Authorization: Date: /,- /S- Z T 157 of 298 i r _c.� " 'r—��'s c;� 1 RECEIVED'�y ci �Se6 2QJl t?�ks as f� MAY - 9 2012 City of Sebaslian City Clerk's Office APPLICATION TO SERVE ON CITY BOARDICOMMI I I f6f gjly Board and Comr its tteq Members Must be ResidPnts of the Clty of Sebasfianj NAME:�b-�hn W-��i�� I ,' s � • HOME ADDRESS: HOME PHONE: HOME FAX: E-MAIL: eel, i BUSINESS - BUSINESS ADDRESS: 1 HOd-IQ . MAIL BUSINESS PBUSINESS YOU A RESIDENT OFTHE CITY OF SEBASTIAN? HOW LONG Ll DO YQEI CURRENTLY HOLD ANY PUBLIC OFFICE? ' DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMM1Tf EE? WHICH BOARDS/COMMITTEES?POP k ar PLEASES CHECK THE BOARDS FOR WHICH YOU AlINTERESTED IN SERVING IN _ ORDER OF PREFl_RENCFE WITH FIRST CHOICE BEING #1: CONSTRRUBCRTI%30Il1gCOMlI EE(servssonly.6monthsevey6yeam-mealsnsxt1n 2011) REVIEN•ADVISORYBOARD oemmewngsrmtme) BOARD (pemanent boani-meets HANDICAPPED SELFEVALUATICN COMMITTEE (palmanantbaard -meets quarl0rW RLANNINGAND ZONING COMMISSION (permenentboard- meets twice a xonllr)' POLICE R.EnREMENTBOARD OFTRUSTEES (psrmanentsbalutWhosrrf--meals quartEh*)' PARKS & rRECREAMON ADVISORYCOMM I I I (paananentboard-meals•Dace s month) NATURALRESOURCES BOXW (germanenl beard .-meets oi7c* s mmbV OTHER TEMPORARY COMMITTEE Cif applkxsblel � ONR r E IN COMNIn TEE KAME) Flling of hmnclal dlsctoaLm Rs mqulmd tA1 aMng appotnlment CIO rl. ✓�r� wary .x 158 of 298 . -. RECEIVED MAY - 9 2012 City of Sebastian City Clerk's Office APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume Is required) fi-S�Pre-S 3aba.51I n 9tVet, Alto, C.�pT(�Lea �C1e 9 ! HOW WOULD YOUk EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL. TURPITUDE IN THIS OR ANY STATE? K o WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN -THE ONE(S) SELECTED ABOVE? ' I hereby certify that 1 am quafftied to hold the position for which this application is made. Further. l hereby authorize the City of Sebastian to Investigate the trueWness of all Iniormation which I have provided in thisapplication. I understand that anjr misnepresentatton or omission of Information requested In this appilcatlon is cause for disqualification. 1 have been provided with, read and understand Chy of Sebastian Code of Ordinances Sections 2166 throudh 2-173 (attached). Information relative to a spedtlo board or mitt a availablarracyasted. IAIL t IgnaturH I(" Subscilbed and sworn to before me this _•day of t—A by icn ' f p ✓ whb Is personalll known to --le, or has produced as Idan tlom t 130 of Florida Please return to Office of the City Clark, 1226 Main Street, Sebastian, FL 32968 - (772) 68948330 twp40rm%epp0caLwpd rev. 7/2007 rcQ:�: ,IRF� •. 'F. 159 of 298 CM ci TALA4M AMM 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. N a rne; C Address:-7/ ".''i A', i/{'�� � �� City:-��'_�/r�f�a•,, State: �-- ., r Zip: Telephone: ( %� ) 7(3 - 7 J -7 3 1 E-Mail Address: I/ a H )` L(. ni ke lie f- f2-1 `tlr.u Employer: \r�'1 If,, f t/ l e 'CYI 1) Lk {2_ 4- t Y-4s U- C_ Kt 1.0Y) e- City: C' V.)ci l CIL 1 State: '1`1— Zip: Business Telephone: ( 7,.2 ) `_ rf -7�, ? 3 I am interested in serving on the following boards)/committee(s): II yyj rI "Choice: ( ifI.G�TL:� C: ,"te4t/ L.U�It't}�if��2n Choice: fij-. L5 i !`�F'C 10E at'- J 1,/j �,c?'• 6 CHARTER REVIEW COMMITTEE (serves only six months, every five yeors - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD f CONSTRUCTION BOARD" NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION' POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD •Filino of finoncNol disclosure rs required fo)la vinA oppointmenr "r✓u,( be resade+ir one year pfior (o application, 160 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) b u s) Y\(fss ,5 !,,\ �aYM6-l" -0, ��(5 o R I l',G`�'l E'er L ^n 0,a(zA -\ G).4i, -Act ► &k n t � Y16Y) - (U OG�fcQ� -i" C'L?w`v� it 5 . l�/yv,� a,-o Arm Why do you want to serve on this board Ux" Y-e--V b -f� af, 3 /gas Y1 ess-(-s (' 1�5 -- {� c> ►2� S T— � 60s ram + 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? I 1\,) L) If yes, please list: i i 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. i http://www.ethics.state.fl.us/ethics/forms.html i 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 I!!) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.eov/statutes i { 1 understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered j 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; //-,V- Date: Date Received by City Clerk's Office !( by: ,(f, nA 161 of 298 VICTORIA DRUMHELLER 349 Joy Haven Drive Sebastian, h7_. 32958 Cell: 772- 713-7273 \'icki.drunihellerrn a@gtnail.com r)I;) L•' c't'1 �t: To provide geriatric clinical services to individuals as private case manager. l:\1'I:RIL•'NCE 'l ) assist healthcare organizations on an interim basis, and assist Part B providers %with regulatory assistance for surveys, accreditation, revisions/ updates for policy and procedure, :Medicare appeals process rerieu-s, and inservtce education. To promote excellence in geriatric care and aging in place for seniors. I have extensive experience across health care care continuum, having management experiencr in long terns care. ALF, SNF, Comprehensive Ougxatient Therapy Facility. home Health Care and inpatient rehabilitiation. 2012 -2019 Aloha I ionic Care, Florida locations. BUSINESS ACQUIRED BY NATIONAL ORGANIZATION APRIL 2019 (:Lief Uptraliq Ut)irrr/Alarragi»S Purmer Managing clinical operations, program development, compliance, marketing, I III)IIA, Educational initiatives and fiscal re:ponsibilit-of District '7 and 9 Florida providers.. 2014: Managing Partner and COO District 7 agency 2/ 2015-2019. Mobile Physicians Group, Inc. BUSINESS ACQUIRED M- NATIONAL ORGANIZATION APRIL. 2019 •Idiiir,,irl;tllor/��fr��rr�i,{, Pur;•rer Managed Florida Medicare certified health care clinic providing home medical care using; APRN'> to senior: Frith multiple chronic diseases and those with ditGculn lcaving home G,r mWical ,vrvIcvs. Primarih- 162 of 298 Medicare business with integration of private insurance contract in 2018. 3/2010- current Marvic Consulting Services, I_LC, Sebastian Horida President/ Con.rullant Owner/principal of consulting services to health care organizations and individuals seeking private case management. Assisting with regulatory compliance; policy and Procedure review and development; clinical record audits; assist with Medicare denial appeal process for Part B providers; provide in-service education to staff in ALF and group living homes; provide RN assessment services for ALF residents; provide interim series to SNF, ALF, and CORF for clinical management. 2002- 3/2010 A4ederi Caretenders Visiting Services division of Almost Family , Louisville KY Vero Beach, F-i_ 612007 Tice President of Florida Operations • Oversee clinical operations for 26 Florida agencies with annual budget of 96 million dollars ■ Responsible for program implementation, assist with development, budget preparation, professional recruittnent, operational training of agency managers, oversee quabry and compliance initiatives ■ Directly work with Administrators, Directors, and sales staff to achieve desired results in growth, compliance, quality, and contribution Executive Director 2004-2007, Director o_J Professional5emiees 2002-2004 • Oversee operation of two agencies, five offices, budget of over 12 mullion ■ Transitioned two provider acquisitions in Gainesville and Orlando • Responsible for operations/sales/clinical programming for Southeast Florida • Performed sales training, increased agency revenue to 200% of budget in 24 months. ■ Deficiencti• —free surveys in all offices, successful JCAHO survey • Developed specials protocols for diabetes, urology, and Alxheimer's disease, developed collateral sales materials for agency. • Provided community education and staff education • Worked directly urith physicians to educate and sell program product ■ Moved agencies to positive outconics above state and national indices in all reported home care outcomes K 163 of 298 2001-2002 1iealthsouth Rehabilitation Hospital, Vero Beach, Fl- Charge Nurse, Neuro Unit ■ Mkntoring, of facility nursing management team, consultant ■ Education of staff for documentation, compliance, assessments ■ Participation in audits and regulatory surveys, participation in all 'Medicare denial hearings 1999 2001 Palm Gardens Vero Beach, Fl_ Direetor of 1'ursikgo Services • Responsible for nursing operations of 180 bed SNI; • Managed department of 140 employee-, • Implemented employee retention proKta, tn.. advanced nursing; assistant training ■ achieved regulatory surveys in substantial compliance during; tenure as director ■ Worked %vith nurse practitioners to bring better priman• quality care to long term care patients ■ Began caregiver support groups on site for families, developed famih• orientation program 1996-1999 ancor, Inc. Vero Beach, FL .4 d,winustralor ■ Responsible for daily administration of comprchtnsive outpatient rehabilitation facility and marketing of progratns • Created protocols xrith physicians for orthopedic and neurologic care ■ Developed and maintained policies and procedures for compliance with statt, and federal regulaton• agencies • Managed primary therapy business \i•ith psychology services ■ Worked directly physicians to market utilizatioin of CORK services for dat hospital 1995.1997 Mederi home I lealth Care Vero peach, Ff. Direelor of Clinh-al Sey-vices ■ Opened certified Medicare home care branch, performed marketing; activities in ct7mmuniry for start up branch agency. • assisted �t•ith initial J( AJ 1() survey mt•ith certification obtained ■ Responsible for development of clinical paths and care ■ Maintained operational responsibility and became fiscally independent within five months of opening; office 3 164 of 298 1992-1995 Integrated Health Services Vero Beach, FIL Director of Nursinq . Opened sub -acute unit, prepared clinical staff for increased acuity ■ Developed restorative nursing program . Implemented programs specific for cognitively impaired seniors • Initiated Alzheimer training for faeility staff • Achieved Superior rating during survey, facility was on conditional licensure when position was accepted ■ 110 bed facility with 30 beds Medicare Certified 1990-1992 RN Home Health Care Ft. Pierce, Fl. Director of Nursiq • Opened ?Medicare Certified Agency ■ Built agency business from 0 visits to 7(K) visits per week in first year of operation ■ Received no deficiency survey on state and Medicare survey ■ Performed marketing activities, patient care activities, and administrative function through the start up of this agency ■ Assisted arith orientation and completion of policy and procedures for compliance with federal and state laws EDUCATION _ — 1997-1999 Kennedy -Western University ■ Master of Science, Health Care Admitustration ■ "Thesis: "Health Care for Women Throughout the Lifespan: Fiscal Impact of Disease ;Management versus Preventive Care and Control of Risk Factors" 1989-1991 Columbia University Bachelor of Science in Health Service Administration, Minor in Communications 1989-1990 L."niversity of New Fork :associate Degree in Nursing 1972 St. Joseph's Hospital School of Nursing Diploma in Nursing R.N License: State of Florida: RN 2564832 4 165 of 298 1NT1:R1 STS Wildliti• rehabilitation, Gemian Shepherd dog , caregivcr support groups speeitic to AD and PI) diagltosis, Community presentauons on various senior health care uoptcs, reading, gardening, successful aging (TH 11: R D A'1'.1 Certified Case \lanagcr. 2013 recertified 2018 Certificate in Quality .Management, 1998 LT U Extension Certified Geromolofical Nurse. 1991, recertified ?ttt)'. recrtifted 2012 recertified 2016, American Nurse Credentialing Center Florida Dcparuncnt of Hder Affairs, Certified Alzheimer Disease Instructor Sen-ed in t.'S Am % ltesen•e, I-lonortble discharge 197,6- 198(1 1=acilitat4ir .(if monthlt caregiver support groups for Alzheimer and Parkinson's Di=ease since 1986 Produced and hosted a local radio ,hov.- for one year "Getting Well, Stating WO)" on WITB, Vero Beach, FL Member, I lumane tioetct-• of Vero Reach Fonner Vice President, Board of Directors , Alzheimer Parkinson Associa6riri of Indian Ricer County, Past President of Organization for 10 Years. (:hair of Program Committee Successful completion of ALL- CORE. training;, 1997 I-onne•r Metnbcr, Area Aging Advisory Council, Palm Reach, Florida Author of Two Ilour Alzheimer Curricula for 1hmic Care. produced bt Nl�\'Coproducmons 2(1416 Milan• Public. State of Florida Compmer skill;: Windgm-s , Excel. Word. Outlook. Pom-vi- pint, MAU deviccs Member. Advisory Councii, Fast (mind \Ireton Disorder (;lime, Mclbournc, 11. Certified in Home Care C:ociing, I ICS-D 24.1+1', Certified in OASIS. 2010 5 166 of 298 cnvof 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 2-166, all Board and Committee members must be City residents for one year prior to application 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: Robert Allen Address: 101 Empire Terrace City: Sebastian State: FL Zip: 32958 Telephone: { 512J666-7539 - E-Mail Address: RobertDAllenN/:BA@Gmail.com Employer: Self-employed City: Business Telephone: ( ) - State: Zip: I am interested in serving on the following boa rds)/committee(s): 1" Choice: Parks & Recreation Advisory 2�d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) 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 167 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Indian River native, I spent 10 years livinq and working in metropolitan and suburban hubs from New York to San Fracisco, Austin Texas to Seattle Washington. Everywhere does outdoor living differently, each with wins and misses. My MBA is from RIT in New York, I owned startups in CA and TX, worked at Amazon in Seattle, and most recently served as a Director at Discover Financial Services in Chicago. Cycling, hiking, and mountain biking are my stress management techniques and everywhere has a unique flavor of each. Why do you want to serve on this board? My wife and I moved back to Sebastian in 2021 for the birth of our daughter, to be close to our families who still live in Sebastian and Vero. The town is just as beautiful and idyllic as it was when we left. It would be an honor for me to play a role in preserving, protecting, and enhancing the recreational opportunities here. Doing so would also directly benefit my daughter, giving her more and safer places to play. 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/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 I11) 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 omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: May 12, 2023 Date Received by City Clerk's Office 5'l z �ZDZ3 by-W 168 of 298 Robert D Allen, MBA R6-75 m Contact(�RDAMDAMBA.com Director of Product, Marketing Technology linkedin.com/in/RobertDA[lenMBA Highly technical marketing leader and incorrigible optimist. Profile Continuous improvement can only be driven with a culture of humility and good humor. Fifteen years of people management across teams up to 45, 12 years in marketing, 4 years in product management, billions in strategic value and tens of millions in actual PBT — the first step toward success is always to create a culture of open collaboration. Nothing is impossible with enough caffeine, creativity, and humility. Skills + Data Analytics & Insights + Market Research + Integrated Campaign Management + Marketing Automation & CRM Work Experience Discover Financial Services + Digital Marketing & Advertising + Customer Acquisition & Retention + Branding & Identity Development + Content Strategy & Development + Cross -functional Team Leadership + Budget & Resource Management + Strategic Marketing & Planning + Consumer Behavior Insights Director of Product, Marketing Technology Chicago, IL — Mar 2022 to Current Backfilled VP Product, Head of MarTech; Delivered $11mm incremental PBT by relaunching a struggling organization, grew the team from 3 to 12, managed the budget, defined the roadmap, established partnerships across the company, and won buy -in from SVP and C-suite. + Supported growing the team from 3 to 12 Product Managers, hired 3 Directors of Product; Facilitated training for Product Managers; Established operating documentation and a culture of collaboration. + Defined OKRs for MarTech; Championed adoption at the C-suite level paving the way for centralized leadership goals which could be tied directly to business activities. + Worked closely with CMO and CDO to drive top level goals within MarTech and across marketing partners. + Developed the first MarTech strategic roadmap, presented quarterly to SVP and C-Suite stakeholders. + Oversaw the department budget and made strategic decisions to optimize resource use; Collaborated with Finance and engineering partners to align investments. + Bridged spiritually -aligned groups: MarTech, Marketing, Analytics, and Marketing Operations now have aligned roadmaps and engagement models. Amazon Senior Manager, Product Marketing Seattle, WA —Jun 2020 to Feb 2022 Owned our machine learning marketing platform; Coordinated a group of 45 focused on risk mitigation strategy worth billions of dollars, as part of the Consumer Payments marketing division. + Supported growing the team from 6 to 45 members and expanded reach from 1 to 13 countries. + Architected a marketing strategy for a multi -billion -dollar S-team goal spanning 13 countries. + Drove the annual review, reframed the team success metric / KPI to drive a stronger business impact. + Improved total conversions by 59.8%. Caught an attribution gap (+33%), optimized copy (+15%), tested new ad templates (+10%), and cut low performing ad slots to improve Conversion Rates (22.8%). +Achieved a 22.8% increase in zero -cost conversions and a 42.0% reduction in cost per acquisition through extensive marketing copy testing using the multivariate testing methodology. + Drove 78% of global conversions for the risk mitigation program. + Designed multivariate testing methodology, generating thousands of permutations from dozens of assets. + Supervised Technical Program Managers and Product Marketers overseeing initiatives in 13 countries. 169 of 298 Holland America Line Senior Email Developer Seattle, WA — Nov 2019 to May 2020 Led the email development team for Holland America and Seabourn Cruise Lines. + Spearheaded a small business process change which reduced email developer labor by 93.75%. + Saved $40k annually by developing interactive HTML5 email elements in-house. + Coordinated mothballing systems and processes for COVID layoffs. Amazon Product Marketing Manager Seattle, WA — Nov 2018 to Oct 2019 Developed national marketing campaigns for the Amazon Key team within Amazon Lab 126. + Owned onsite merchandising for a D-Team goal (senior leadership for Amazon Devices) and Flagship goal (Jeff Bezos level). Worked with marketing and channel owner teams to secure high value placements. Achieved 20% of the annual sales goal in 2 weeks. + Owned 1326 Marketo email marketing campaigns; Achieved a 70.8% open rate and 44.0% click -to -open rate. Worked closely with leadership team on strategy, established an ad -hoc team for rapid deployment. Splash Mktg LLC Founder Austin, TX — Feb 2015 to Oct 2018 Served as head of marketing & technology for our clients. + Served as fractional CTO & CMO for various small businesses. + Grew the company to 30 clients. + Provided local and national marketing, and full stack technology services. Education Rochester Institute of Technology Master of Business Administration Rochester, NY + Concentrations in Product Commercialization, Management, Entrepreneurship Florida Institute of Technology Bachelor of Science in Economics Melbourne, FL + Concentration in International Communications Rochester Institute of Technology Lean Six Sigma Yellow Belt Rochester, NY 170 of 298 anoF SEBAST Now 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. finless requested, that information will be available and not redacted_ Per Section 2-166, all Board and Committee members must be City residents for one year prior to application 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 Robin Day Address: 785 Collier Club Drive City: Sebastian State: FL Zip: 32958 Telephone: ( 781 ) 724 _ 0950 E-Mail Address. christopher.r.day@me.com Employer: Stay at home father (2 children 7&10) City: Sebastian State: FL Zip: 32958 Business Telephone: ( ] - I am interested in serving on the following boa rd(s)Jcornmittee(s): I': Choice: Parks and Recreation 2"' Choice: Planning and Zoning CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — nextformation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD" NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION' POLICE RETIREMENT BOARD OF TRUSTEESY PARKS AND RECREATION ADV150RY COMMI FFEE VETERANS' ADVISORY BOARD 'Filing of financial drsrlosure is required following appointment 171 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I have over 30 years in the Hospitality industry with experience from dishwasher to executive management. In construction opening and budget development in both new and existing properties, creating procedure manuals, emergpnry rp-.;ponSe training, working with-lanal unions to ensure Pvpnts wpnt smanibly., tr mentoring employees. Working with Secret Service, Massachusetts State Police, Boston Police & Boston Fire Department and others at many venues with events to coordinate and ensure protocols for safety were in place as attendees included Presidents, Governors, Mayors visiting dignitaries etc.. Attached resume for additional inofrmation Why do you want to serve on this board? I have been visiting Sebastian since 1999 and relocated my family here in December of 2021 to raise my children in this wonderful communitv. I would like the opportunity to serve on a board to help shape the future of Sebastian. I have a solid educational foundation and over 30 years expereince in the hospitality industry and passion for furthering proiects with vision. I would very much appreciate the opportunity to contribute to the ongoing growth and continued success 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? 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 valunteer services for the City of Sebastian_ 1 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.litmi 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, Pert 111) and ;Florida sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate_izov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. 1 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: pate: Date Received by City Clerk's Office 512,2121OZ3 byi� U 172 of 298 Christopher Robin Day www.linkedin.com/in/christooher-d-18903381 cdavl971Pvahoo.com 1 781-724-0950 Skills Beverage inventory control systems- Beverage procurement•Sourcing Wines -Cocktail conception* Bartending•Menu Development- High volume purchasing• Maximizing cost controls•Wine list creation•Wine and food pairing -Staff Management, Development, Hiring and Training•Pre-opening team•Team Building•TiPS certified -Event Operations & £xecution•MS Office•POS (Micros, Aloha, Square) -Delphi •Daylight•Caterease• ServeSafe Certified•CPR/First Aid•Process creation•Budget Creation *ADP •Staffrnate•Schedulefly Experience Chef Manager 2019-2021 Eurest, Compass Group USA, Boston Scientific, Quincy, MA • Full Culinary management of food service operation for corporate dining room • Organized meeting and special events promoting internal catering • Hired, mentored and trained staff for all positions • 100% on annual CIA inspection • Re -conceptualized dining services with all new covid protocols Event & Beverage Manager 2014-2019 The Catered Affair at the Boston Public Library • Maintained and sourced all beverage needs for a $12M operation, leveraged purchasing discounts with local and international vendors to ensure best pricing • Created beverage inventory control system, implemented requisition system • Provided top tier service ensuring 100% guest satisfaction • Served in various management roles for the organization including opening new venues such as Harvard Art Museum, Cohasset Harbor Inn, Red Lion Inn, Atlantica Restaurant Banquet Manager 2012-2013 The Westin Boston Waterfront • Coordinated all facets of setup, breakdown and execution of events for 80,000 sq. ft of meeting space including 45 meeting rooms • Hired, mentored and trained a staff of more than 100 Local 26 associates to ensure 100% on LRA audit inspection while increasing Employee satisfaction scores by 38% and Banquet House Attendant productivity by 10% Assistant Director of Banquets The Royal Sonesto Boston 2007-2012 Conducted onsite TIPS training for bar and service staff, Developed Banquet training program Managed multiple events for 22,000 sq. ft of meeting space catering to local medical conventions, social events and corporate business Employee satisfaction scores over 4 years rose 279,o, costs reduced by 8% annually increasing overall profitability 173 of 298 Additional Exnerience Director of Food and Beverage 2006-2007 Ipswich Country Club Assistant Director of F&B and Director of Banquets 2005-2006 Ritz -Carlton Hotel Boston and New Orleans Assistant Director of Banquets 2003-2005 Sheraton Boston Hotel Assistant General Manager 2002-2003 Education Centre International De Glion, Switzerland Food and Beverage Management Culinary Institute of America, Hyde Park, NY AOS in Culinary Arts Embassy Suites Logan Airport Director of Banquets 2000-2002 Swissotel Boston Director of Banquets 1997-2000 Kiawah Island Resort Sous Chef 1993-1995 Russell's Creative Global Cuisine Schlosshotel Liebenstein Neckerwestheim, Germany Internship for Culinary Institute Professional Development Dale Carnegie Leadership Skills for Managers 1993 1992 1991 2012 174 of 298 PARKS & RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 MEMBER NAME /ADDRESS Dante Renzi 1149 W. Lakeview Drive Sebastian, FL 32958 571-5891 Wackvsrulel aC)..aol.com TERMS Term to expire 6/31 /2025 Apptd 6112/19 Reapptd 6/8/2022 Apptd ALT 1/23119 John Danise — Vice Chair Term to expire 5/31/2024 164 Coply Terrace Apptd 6/12/19 Sebastian, FL 32958 Reapptd 718/20 589-4278 Apptd reg member 11/18/20 Coachdanise.fhstchC),att.net Reapptd 6/9/2021 I—Vaca"n—t—Term to exoire 5/31/2023 JoAnn Webster - Chair Term to expire 5/31/2023 765 Wentworth Street Apptd 11/28/12 Sebastian, FL 32958 Reapptd 5/28/14 633-8502 Reapptd 5/28/17 webstersnorthCcDaol.com Reapptd 7/8/20 Apptd ALT 8/11/10 Reapptd ALT 5/9/12 JoAnne White Term to expire 5/31/2024 449 Easy Street Apptd 6/27/07 Sebastian, FL 32958 Reapptd 5/9112 766-2501 Reapptd 5/27/15 rnvfioridateam(aZgmail.com Reapptd 6/13118 Reapptd 6/9/2021 Vicki Drumheller — Alt Member Term to expire 5/31/2023 349 Joy Haven Drive Apptd 1/13/21 Sebastian, FL 32958 713-7273 Apptd 1/13/21 Vicki. drumhellerrnCa)gmail.com Richard Mauro — Alt Member Term to expire 5/31/2024 438 Pine Street Apptd 5/27/2020 Sebastian, FL 32958 Reapptd 6/9/2021 (815) 218-9150 Rm61114(a gmail.com 3 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 175 of 298 BAST HOME Of PELICAN ISLAND May 1, 2023 Contact: City Clerk's Office 388-8215 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE The City of Sebastian is seeking applicants to fill the following expired positions on the Parks and Recreation Advisory Committee: Two Regular Member Positions — New Terms will Expire May 31, 2026 One Alternate Member Position — New Term will Expire May 31, 2026 This Committee meets on the fourth Monday of each month at 6:00 p.m. to study and provide recommendations to City Council as to the City's park system and recreational programs and facilities. These are volunteer positions and applicants must be City residents one year prior to applying. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. 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 May 22, 2023. 176 of 298 MIN HOME OF PELICAN 1"ND CITY COUNCIL AGENDA TRANSMITTAL Council Mectine Date: June 14, 2023 Agenda Item Title: Planning & Zoning Commission Recommendation: Fill one expired, regular member position -- new term to expire 5/1/2026 Background: In response to the City Clerk's advertisement, the following residents have expressed interest: Michael Coleman Paul Dovell Allen Houck Terry Reno Christopher Roberts Fames Wilson Attachments: Applications, member list, advertisement Administrative Services Department Review: NIA City Attorney Review: City Manager Authorization: , a Date: -L- If-b 177 of 298 CITY Llr SEA _TAN 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: I r 1( C 0d 01� ml o Address: 1v Jo City: 1pbosiwState: FL — Zip: 3 — Telephone: ( Okp ) 55a- 1� E-Mail Address: mmc�74-P P I M0,1 4 . am Employer: City: State: Zip: Business Telephone: ( j - am interested in serrving on thefollowing board(s)/committee(s): 1" Choice: Plan i k n � and &n `nq Znd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD 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) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment *"Must be resident one year prior to application. 178 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations, may be attached.) ►� - ' �,�� �►U103 Y'I ill Why daVy�o1u want to serve on this board? 1 V c C V'L wad to *Jk W VI I NA (1, 6 A�M %�� r1A, J , -J Do you presently serve on another City Board or Committee? �J6 If yes, please list: Have you previously served on any other City Board or Committee? 1 CJ If yes, pleas Sep 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 11Z Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httl3://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. 2 Kh Signature of Applicant: % Date: 5 (hJ Date Received by City Clerk's Office 12, 2623 by: �_4 tJ�VriQ 179 of 298 LW of 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 2-166, all Board and Committee members must be City residents for one year prior to application 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: Paul Dovell Address: 730 Kroegel Avenue City: `Sebastian State: FL Zip: 32958 Telephone: (_443_) —244' 7389 E-Mail Address: pauldovell@comcast.net Employer: Florida Distributing Company City: _Orlando State: FL Zip: 32808 Business Telephone: ( 352 ) ^705` _6874 I am interested in serving on the following boards)/committee(s): 11, Choice: _Planning and Zoning Commission � 2 nd Choice: _Parks and Recreation Advisory Committee_ CHARTER REVIEW COMMITTEE (serves only six months, every five years -- next formation in 2025) 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 180 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? 14 Do you presently serve on another City Board or Committee? If yes, please list: /J11 Have you previously served on any other City Board or Committee? Al If yes, please list: / /11 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 11i) and Florida Sunshine Law (Florida Statutes, Chapter286) 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 he eby certify that all the statements made on this application are true and correct. 1 understand that any fal �te or omissions from is application may be cause for my application not to be considered.�� �_ - Signature of Applicant: vVv \—/ F r Date: Date Received by City Clerk's Office 5-- Z Z - ZvZ5 b - W40vl'i 181 of 298 crFV OF HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 1.19, Florida Statutes, and is open to public inspection. ln.accordan.ce 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 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise sp,-Li::ed in the en.a`.ting ordinance or reSclut;an. soa-d and Cornmil t'4e le ms are throe years unless otherwise specifiorrl in the enacting ordinance or resolution. You may reapply for succeeding terms upon terra expiration. Name: AJ l teivivy, ArlrtrPSS ? City `� t' Q .S ri /I .� State: Zip: r�� q,� 0 Telephone: ( 77�, ) L' "? - P-) I I E-Mail Address: 1 C) L' Crk (� S A u Empioyer: !i V t _� rt n1 0 City: g e hn .c, -4 c G!l! State: zip. Business Telephone: (7 )A ) � 6_3 - �3 P .~__O_ I am interested in serving on the following boa rd(s)Icommittee(s): 1" Choice: A) iv , ,v __2 OX)1 � 04 Choice: 517 CHARTER REVIEW COMMITTEE (serves only six months, everyfive years —nextformation in 2025) 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 oppointment 182 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) rem, _ r �,���f �� �=� _ h«� h CJ 4 C'x I P N c C © ), !/ i r'. r N G It f'r < e f( C v 4 h - -PC SS - AGL c o aj,c 4 S P u I C ►n I I bus, I' N,-,SS &-_ /�Ci1 'A.I C d y C),'J P /YI � C NCI � I U ,yry'�U�FtdlVS1 Why do you want to serve on this board? /l r 1- kC'e-r S e h r" S 4 ; o rt/ c; �`a� r e -('u + /k-4 _r c w /tv o 1 r-_S�v,-vo 6/ e M n c, �� �,� , F� � 1 � � c� � c� P -4 1, � - c.� U le e, r- h c + C�G A.. - b. _J�Gr _ rc% w , - i3 a,_. 4 G f 1 Q PX G'It, CJ-CY CUP�'1V Men,- . Do you presently serve on another City Board or Committee? A/0 If yes, please list - Have you previously served on any other City Board or Committee? 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 stiffer 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 112, Part lli) and Florida Sunshine taw (Florida Statutes, Chapter 296) Statutes may be reviewed at httn://www.flsenate.gov/statutes I umdlerct,-Id I Mu -St w.i v i tli sit" ri�r,� , ^M- to rnno�nr nnnnn�.�tmnnr tint to ,*.Gn to hn 'rinrnrl • 1�4�.1 a•4.1u. ���r��. t �' V ��aL' w �+_yui..it r�.ur�unwu�.�n V.wl , �.npr iiu L. yr w U4 wvii�iva.�u for another board. I hereby certify that all the statements made on this application are true and correct. 1 understand that any false statements or omissions from this application may be cause f my application not to be considered. Signature of Applicant: - �'N� date- f Date Received by City Clerk's Office 5// 9 12621 by: +l�-�.�.f-/�� 183 of 298 .�ry4-* SE T" }-TOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATIUN -'-is aogiication form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with �S 119.07 Exemotions. individuals emoloved or retired from certain professions relatine to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not reaactec. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting Drainance or resolution. 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. warn_rr�'' Address: C1J C� i} C �i— City: s1 h -i' I CC1 �State: FL !11) ,321 ,5& i eiephone: E- Mail Address:—±cr(-,—n� Empiover (V/ City: Business Telephone: ( State: Zip: I am interested in serving on the following board s)/committee(s): 1" Choice: 7-0n) �`1C 2"" Choicm- 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. 184 of 298 Please summarize special skills. aualifications. or education you have acauired for this aobointment: (Your resume, professional certifications or designations may be attached.) �L L Ica v� r1� I r4v �Gr'5 Or CXJ 1 /eDce_ LoAo -rnr-nunLc--i oc�� "i3n i>�lucl��c� +.> inq �n 1�7G,<n�nS�nce- �ea In � G [��'IIV ## tt 44J '"� 1e- �.J ( T'fGtnteance dlvian< 1 WGJSo LJOA �d In n� c�5 Gn in&r-tnc lhspe-e-- •cam ins- _Qyemme4 603, Va4e, LA-6 ' .SQJ 1.4 Fiat; vavi- J Why do you want to serve on this board, }} �INY pas- @ i4lPnee_ Clorki J or-- GiVOLJtn rltlntCfpa� JJ � , J you presently serve on another City Board or Committee? NO f yes, please fist: Have you previously served on any other City Board or Committee ti,() If yes, please fist: I will represent the best interests of the entire City while serving as a board member. I nerebv waive and release am and all rights for claims for damages and iniuries I may suffer while oerformina or after oerformine voiuntee services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicitN. 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 t aoDointed, I acknowledge that it is my obligation and duty to comply with the tollowing: Code of Ethics for Public 3fficials (Florida Statutes. Chapter112, Part 1/1) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at http://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 herebv certifv 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: / 2a Date Received by City Clerk's Office q- 2072 by: W ",-C-['sl_ 1�.4nrl-CI 185 of 298 �m 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: Christopher Roberts Address: 32958 772 Zip: Telephone: ( E-Mail Address: chroberts0015@gmail.com Employer:Comprehensive Healthcare Melbourne City: Business Telephone: ( ) - Sebastian City: 643 0615 State: Florida Zip: State: FI 32935 I am interested in serving on the following board(s)/committee(s): 1" Choice: 2" Choice: 9 g Construction Board Planning and Zoning Commission CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD [��7�6i13�I�1C�7i•i:�iL�:7r�il 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. 186 of 298 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 University. 1 am curreptly working on a certificate in d,2mectic l' State College. I have worked most of my career in social services/human services. I enjoy helninq people and assist m)l clients qp-t nonnPrtPrI to tht- services thP4 npPri Why do you want to serve on this board? __L want_tn car e nn this hoard because I want to help contrihi 1ta to mar 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 children. 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/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 iil) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.Rov/statutes I understand 1 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. Signature of Applicant: Date Received by City Clerk's Office g1201zOZZ 9/20/2020 ' Date: by:., 187 of 298 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 crry or 5ETN 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: Vl iptr Address: 33c?, Vi�e-hC \A SA, City: S e-b a 5` ` a V ' State: 1 Telephone: le/5 - la�7 E-Mail Address: —J Wt Sin t i�R �6 cam.. MC\,t(d C,)y"t Employer: City: T�_1I5fv+er2. Business Telephone: ( 7 State: IF1 )539 --aL4C7 I am interested in serving on the following board(s)/committee(s): 1" Choice: h , "t� �� 20�,. �y �n Yhtl1'S� 2 d Choice: Zip: 32(�tjF Parks 4 kec Advi scr-� Comm�ltec. N o-t tyro-! 2e_soILrc.e- 80ar a, CHARTER REVIEW CO MITTEE (serves only six months, every five years -- next meeting in 2016) 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. 189 of 298 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your lresume, professional certifications or designations may be attached.) L t �J a t�,t.A V I1+I Ire- t �� Why do you want to serve on this board? 0 Liou,0. kU StvCv. mitYty y et 1 V^ PA (k V\4Y 5-k-1-Y CA b-CL-q\A� "J Oar-,C� Do you presently serve on another City Board or Committee? Ald if yes, please list: Have you previously served on any other City Board or Committee? Nn If yes, please list: l 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/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 i!i) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at htto://www.fisenate.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. understand that any false statements or omissions from this application may be cause for my application not to be considered. /�/,' �,,'•� -7 Signature of Applicant: v" ""'�''� Date: g PP _ V /1 Date Received by City Clerk's Office 1'/ �7 917(l7 - 3 by: /AJJAr O 190 of 298 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] Sara Battles Took Roth's unexpired regular member Term to expire 5/1/2025 5W Cross Creek Circle position 3/9/2022 Sebastian, FL 32958 Sara.battlea@.Kmlev-hom.com (703)843-1721 Rick Carter Reappointed 4/26/2023 Term to expire 4/1/2026 237 Main Street Sebastian, FL 32958 Reappointed 5/27/2020 fg2U ,jys a0comcast.net 918-4600 Reappointed 3/22117 Took Cardinale's expired regular member position 4/27/11 Took Dur's unexpired aft member position 2/9/11 Reappointed 3/2e/14 Dennis Haddix Took Simmon's expired regular member Term to expire 2/1/2026 105 Wood Stork Way position 2/8123 Sebastian, FL 32958 h ad djXdfa-),qm W Wo m Took Jordan's unexpired alternate (772) 925-5698 member position 10/12/22 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 LOU(a7iuno.com 698174 Appointed alternate member 2/12/2020 Reappointed regular member 2/22/17 Took Dur's unexpired regular member position 10/14/15 Reappointed 1/8/14 Took Hennessey's unexpired alternate l member position 3/14/12 " 191 of 298 Linda Kinchen Toole Hughan's unexpired regular Term to expire 11/1/2023 190 Delmar Street member position 2/9/2022 Sebastian, FL 32958 lindadolfan ..aol.com (772) 538-0253 Susan Lorusso 113 Joy Haven Drive Sebastian, FL 32958 sloru(a-oaol.com (772) 321-2150 Stephen Lucier 425 Toledo Street Sebastian, FL 32958 stevelucOicloud.com 925-2869 Sherrie Matthews - Alternate Exempt per F.S.119.071 Smatt06180.comcast.net (772) 473-6757 Cindy Geesey — Alternate 108 Wood Stork Way Sebastian, FL 32958 catvacleamail.com (772) 918-8890 Took Alvarez's regular member position 3122J2023 Took Jordan's alternate member position 11121 /2022 Took Qizilbash's unexpired regular member position 3/9/2022 Took Haddix's alternate member position 2/8/2023 Took alternate member position 3/22/2023 Term to expire 11/1/2025 Term to expire 5/1/2023 Term to expire 1/1/2026 Term to expire 11/1/2026 revised 3.28.2023 School Board Member: dr. Gene Posca, (772) 269-3553 Gene.Posca@indianriverschools.org 4 regular members are needed to make a quorum. to the event a regular member cannot make the meeting, an alternate steps in. V- 0- 192 of 298 C-M LV SIEBASTLN ;;=N;�; HOME Of PELICAN ISLAND May 4, 2023 Contact: City Clerk's Office 388-8215 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. The new term will expire May 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 May 22, 2023. 193 of 298 L 11) iY HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 14, 2023 Agenda Item Title: FDOT Public Transportation Grant Agreement (PTGA) -- Runway 05-23 Rehabilitation Recommendation: Staff recommends approval of Resolution R-23-10, Approve Public Transportation Grant Agreement FM451510-1-94-01 reflecting state funds for the Rehabilitation of Runway 05-23 with Lighting Improvements at Sebastian Municipal Airport. Authorize the City Manager to execute appropriate documents. Background: The current Runway 05-23 Pavement Condition Index average is below 69, which falls into a "Fair" rating and is forecasted to continue deteriorating. FAA and FDOT Maintenance Policies recommend a Major Rehabilitation that will bring the Runway surface condition back up to a 100 rating. This Resolution will accept the FDOT grant 5% portion of $158,546 to compliment the coming ].IAA AIP 90% grant Project No. 3-12-0145-021-2023 estimated to be in the amount of $2,853,818. The required $158,546 Local share was expected to be funded with Discretionary Sales Taxes in the Capital Improvement Program, with one half scheduled for FY2023 and the second half in FY2024. If Agenda Item Requires Expenditure of Funds: Total Budgeted Amount: $3,170,910 Total Cost: FAA 90% = $2,853,818 State 5% = $158,546 Local 5% = $158,546 Discretionary Sales Taxes Attachments: 1. PTGA FM451510-1-94-01 2. Resolution # R-23-I0 Administrative Services Department eview� y �' City Attorney Review: Procurement Division Review, if applicable: oa— /r r City Manager Authorization: Date: / 194 of 298 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Forth 725-0DO-01 STRATEGIC DEVELOPMENT OGC 07122 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item -segment -phase -sequence) 451510-1-94-01 Work Activity Code/Function: 215 Object Code: 740100 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number. VF596000427008 Contract Number: Federal Award Date: N/A CFDA Number: N/A Agency SAMMEI Number: CFDA Title: N/A CSFA Number. N/A CSFA Title: N/A 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 Construct Runwav 05/23 AsDhalt Rehab, 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, state 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): _ Aviation Seaports _ Transit _ Intermodal _ Rail Crossing Closure X 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 61: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit B& 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 *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance 195 of 298 Paae 1 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 *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, 2027. 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 Date 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 fail 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. 196 of 298 Pace 2 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ07122 9. Project Cost: a. The estimated total cost of the Project is $3.170.910. 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 timeline 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 $158.546 and, the Department's participation in the Project shall not exceed 5.00% 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. d. 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. 197 of 298 Paae 3 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72"OMI PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGC07122 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 State 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 times 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. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format 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. 198 of 298 Paae 4 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occoTl22 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 $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), 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 borne 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 199 of 298 Paoe 5 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT T GRANT AGREEMENT Occ07122 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: i. 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 minimus 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. iii. _ 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, state, 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 200 of 298 Paae 6 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 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 DBEs, 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 state 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 state 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: 201 of 298 Pace 7 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 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: I. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. 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. iii. 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. I. 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. ii. 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 202 of 298 Paoe 8 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000�01 PUBLIC TRANSPORTATION DESTRATEGIC VELOPMENT GRANT AGREEMENT OGC07122 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State 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 "H", 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. 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 — Audit 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 FDOTSinaleAudit()dot.state.fi.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 (FAG) at httos://harvester.census.aov/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 FDOTSinaleAudit cDdot.state.fl.us 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 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 203 of 298 Pace 9 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-00M1 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ07r22 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. A. 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 FDOTSinaleAudit(@,dot.state.fl.us State Funded: a. 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 State 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 the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 204 of 298 Paae 10 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725.000.01 PUBLIC TRANSPORTATION STRATEGd DEVELOPMEiNT GRANT AGREEMENT occ07f22 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 FDOTSingleAudit(a�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 FDOTSingleAuditadot.state.fl.us And State of Florida Auditor General Local Government Auditsl342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen Iocalgovt aa)aud.state.fl.us V. 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. 205 of 298 Paae 11 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 vii. 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 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. 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 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. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date 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 State 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. 206 of 298 Paae 12 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 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 ii. 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 20-44, 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 State 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 State 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. Indemnification 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 207 of 298 Paae 13 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-01 PUBLIC TRANSPORTATION ST DEVELOPMENTPMENT GRANT AGREEMENT OOc07122 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 consultants/subconsultants 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 subconsultant(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 cant', 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 policylies 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 policylies, 208 of 298 Pape 14 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOOPMENT GRANT AGREEMENT occ07122 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 policylies 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 policylies, 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 policylies 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 209 of 298 Paae 15 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72"00-01 PUBLIC TRANSPORTATION DEsTRATECIc VELOPMENT GRANT AGREEMENT OccD7f22 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. AGENCY Citv of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Steven C Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 210 of 298 Paae 16 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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)): Construct Runway 05/23 Asphalt Rehab 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): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, the survey and geotechnical costs, construction inspection and material testing costs, mobilization and demobilization, permitting, pavement demolition, surface course improvements (such as concrete, asphalt, rejuvenators, or sealants), joint construction, runway grooving, pavement markings and striping, airfield lighting and signage improvements, recalculation of the pavement PCN, updating the new PCN numbers on the FAA Form 5010 and the FAD, sodding, and safety barricades, including all materials, equipment, labor, and incidentals required to rehabilitate the runway pavement. 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. 211 of 298 Paae 17 of 36 STATE OF FLORMA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR Management Type Category Number 451510-1-94-01 DPTO 088719 451510-1-94-01 FAA 088719 451510-1-94-01 LF 088719 State Object CSFAI Fiscal Code I CFDA Year Number 2024 740100 N/A 2024 740100 NIA 2024 740100 NIA_ Total Financial Assistance B. Estimate of Project Costs by Grant Phase: CSFAICFDA Title or Funding Source Description NIA NIA NIA Funding Il Amount $158,546.00 $2,853,818.00 $158,546.00 $3,170,910.00 Phases' State Local Federal Totals State Local Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0-)0 0.00 Erriil "alt signlConstruction $0.00 $0.00 $0.00 $0.00 0.00 030 0.00 Capital Equipment/ Preventative $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Maintenance Match to Direct Federal Funding $158,546.00 $158,546.00 $2,853,818.0 �$3,170,910.00 5.00 5.00 90.00 0 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 (Tra sit Onlv) offt $158,546.00 $158,546.00 ` $2,853,818.0 $3,170,910.00 0 "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) BUD"c i i%,uST 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 213 of 298 Paae 19 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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. MDermott a.dot.state.fl.us) or from an appointed designee. Anv construction Dhase work Derformed prior 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. 214 of 298 Paae 20 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC04123 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 times 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 215 of298 Paae 21 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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, safety 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 States 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. p. 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, 216 of 298 Paae 22 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 72"00.02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC;W23 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. Cl. 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. 217 of 298 Paae 23 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION `TE DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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: 218 of 298 Paae 24 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-ODO-02 PUBLIC TRANSPORTATION DEVSTRATEGIC MENT GRANT AGREEMENT EXHIBITS OGCDa23 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 219 of 298 Paae 25 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 speck 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 220 of 298 Paae 26 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION sTRATEcIDEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC04123 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, state, 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 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, 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 221 of 298 Pace 27 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-OOD-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 C. Agency Authority. 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 State 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. 222 of 298 Paae 28 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 TEGIC PUBLIC TRANSPORTATION DEVELO MENT GRANT AGREEMENT EXHIBITS OGC04123 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 altitudes) 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 altitudes) 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. 223 of 298 Pace 29 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCM3 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 state 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. 224 of 298 Pace 30 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 state 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 225 of 298 Paae 31 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 States 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). 226 of 298 Paae 32 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 04123 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. 227 of 298 Paae 33 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occo4r23 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-sufficiency. 3) Disposition of land under Sections D.22.f.1. or 13.2212. 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.9. 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 competent 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. 228 of 298 Paae 34 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION sTRATECI DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC04123 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 - 229 of 298 Paae 35 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 72WOO.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc04123 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 property is purchased using State funds, the contract should include a provision for the transfer of the property to the State 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 property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (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 https://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExi)enditures.odf. 230 of 298 Paae 36 of 36 RESOLUTION NO. R-23-10 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 REHABILITATION COST OF FM451510-1-94-01 "RUNWAY 05-23 ASPHALT REHABILITATION WITH LIGHTING IMPROVEMENTS" 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 Pavement Condition Index average is below a "Fair" rating and is forecasted to continue to deteriorate; Whereas, the Federal Airport Authority (FAA) and Florida Department of Transportation (FDOT) Maintenance Policies recommend a Major Rehabilitation that will bring the Runway surface condition back up to a 100 rating; Whereas, the FDOT has extended a Public Transportation Grant Agreement (PTGA) FM451510-1-94-01 in the amount of $158,546, for their 5% portion of the FAA Airport Improvement Project (AIP) Grant No. 3-12-0145-021-2023 totaling approximately $2,853,818.00 for the Rehabilitation of Runway 05-23 with Lighting Improvements at Sebastian Municipal Airport, providing for 90% of the actual project cost, said project cost for the City of Sebastian is estimated to be $158,546; and Whereas, the City of Sebastian desires to improve the current runways 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 #FM451510-1-94-01 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. 231 of 298 Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section S. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn Council Member Bob McPartlan Council Member Kelly Dixon Council Member Ed Dodd The Mayor thereupon declared this resolution duly passed and adopted this day of June, 2023. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to form and legality for reliance by the City of Sebastian only: City Attorney 232 of 298 WYOF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 14, 2023 Aeenda Item Title: Adoption of Resolution #R-23-13 and authorization for the City Manager to execute the FDOT Public Transportation Grant Agreement (PTGA) — Hangar D Office Spaces Buildout. Recommendation: Staff recommends approval of Resolution R-23-13, authorizing the City Manager to execute the FDOT Public Transportation Grant Agreement FM449620-1-94-01. This enables state funding for 80% of the actual project cost for the Office Spaces Buildout of Hangar D at Sebastian Municipal Airport. Background: Hangar D at the Sebastian Municipal Airport reached a status of "Significant Completion" on May 12, 2023. The next step is to make the facility eligible for a Certificate of Occupancy by finishing the build out of office spaces, which will increase the rental rates that may be charged for this facility. The Resolution approves the execution of the FDOT Grant Agreement 449620-1-94-01 that can provide $320,000 toward the actual cost of this $400,000 project and enable final completion of Hangar D. If Aeenda Item Reauires Expenditure of Funds: Total Budgeted Amount: $400,000 Total Cost: FDOT 80% = $320,000 Local 20% = $80,000 Discretionary Sales Taxes Attachments: 1. Resolution # R-23-13 2. PTGA FM449620-1-94-01 Administrative Services Department Review: City Attorney Review: Procurement Division Review if applicable: City Manager uth rization: / / c Date: 233 of 298 RESOLUTION NO. R-23-13 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 OF GRANT NUMBER FM449620-1-94-01 "HANGAR D OFFICE BUILDOUT" 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 Hangar "D" was recently granted Significant Completion status; and Whereas, the FDOT has extended a Public Transportation Grant Agreement (PTGA) FM449620-1-94-01 for the Design and Buildout of the Office Spaces in Hangar D at the Sebastian Municipal Airport, providing for 80% of the actual project cost of $400,000, said project cost for the City of Sebastian is estimated to be $80,000 and Whereas, the City of Sebastian desires to complete the building for occupation 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 #FM449620-1-94-01 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 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. 234 of 298 Section S. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn Council Member Bob McPartlan Council Member Kelly Dixon Council Member Ed Dodd The Mayor thereupon declared this resolution duly passed and adopted this 14t' day of June, 2023. FA-01*19 Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to form and legality for reliance by the City of Sebastian only: City Attorney 235 of 298 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 -sequence) 449620-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000427008 Contract Number: Federal Award Date: N/A CFDA Number: N/A 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 Hangar D Office Improvements, 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, state 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 B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit B& 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 236 of 298 Page 1 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-CM41 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occo7122 *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. Tenn of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through July 31, 2025. 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 Date 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 fail 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. 237 of 298 Pape 2 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 72"00-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07122 9. Project Cost: a. The estimated total cost of the Project is $400.000. 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 timeline 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 $320.000 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. d. 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. 238 of 298 Paae 3 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fortn 725-ODO-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 07n2 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 State 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 times 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. I. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format 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. 239 of 298 Paae 4 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occ07122 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 $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), 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 borne 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 240 of 298 Paae 5 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ07122 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: I. 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). —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus 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. iii. _ 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, state, 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 241 of 298 Paae 6 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400-01 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGc07122 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 DBEs, 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 state 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 state 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: 242 of 298 Paae 7 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 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. I. 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. ii. 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 243 of 298 Paae 8 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ07122 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State 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 "FPr, 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 — Audit 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 FDOTSinaleAudit(cDdot.state.fi.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 httos://harvester.census.aov/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 FDOTSinaleAudit(cDdot.state.fl.us 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 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 244 of 298 Paae 9 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07122 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 FDOTSinaleAudit(a)dot.state.fl.us State Funded: a. 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 State 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 the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 245 of 298 Paae 10 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-04 PUBLIC TRANSPORTATION DEVSTRATEGIC ELOPMENT GRANT AGREEMENT OGC07= 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. ii. 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 FDOTSingleAudit a(7.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 plaid 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 10.850 (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 FDOTSingleAudit cD..dot.state.fl.us And State of Florida Auditor General Local Government Audits1342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen local a ovt(abaud.state.fl.us V. 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. 246 of 298 Paae 11 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 vii. 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 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. 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 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. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date 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 State 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. 247 of 298 Paae 12 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07122 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 ii. 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 20-44, 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 State 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 State 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. Indemnification 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 248 of 298 Paae 13 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07/22 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 consultants/subconsultants 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 subconsultant(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 policylies 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 policylies, 249 of 298 Paae 14 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72"00-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07Ia2 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 policylies 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 policylies, 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 policylies 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 250 of 298 Paae 15 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ07122 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. AGENCY Citv of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Steven C Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 251 of 298 Paae 16 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 72"00-02 ATEGIC PUBLIC TRANSPORTATION DEVELOPMENT DEVELOPMENT GRANT AGREEMENT EXHIBITS Dcc04n3 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)): Hangar D Office Improvements. Hangar D project (FM-44004-1) required drastic value engineering to have the project come in on budget. The interior build out of the offices was postponed and phased to be completed after the hangar construction was completed. Airport is seeking funds to complete the office build out to command higher rents that will serve as additional revenue for the airport. B. Project Location (limits, city, county, map): Sebastian Municipal Airport/Sebastian, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement (access roadways, parking lots, and sidewalks), drainage, utilities, primary and back-up power supplies, building (foundation, structure, roof, MEP, drainage, and fire prevention and protection), pavement marking, lighting and signage, fencing and gates, landscaping (including outdoor lighting), and indoor/outdoor security systems, including all materials, equipment, labor, and incidentals required to complete the building project. 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. 252 of 298 Paae 17 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 7254OM2 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS ocC04123 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number 449620-1-94-01 449620-1-94-01 Fund FLAIR Type Category DPTO 088719 LF 088719 State Object CSFAI Fiscal Code CFDA Year Number 2024 751000 55,004 2024 751000 55.004 Total Financial Assistance B. Estimate of Project Costs by Grant Phase: CSFAICFDA Title or Funding Funding Source Amount Description Aviation Grant Program $320,000.00 Aviation Grant Program $80,000.00 $400,000.00 Phases* State Local Federal Totals State Local Federal % % % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 O.DO 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $320,000.00 $80,000.00 $0.00 $400,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Maintenance Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 (Transit Only) Totals 1 $320,000.00 $80,000.00 1 $0.00 , $400,000.00 I I *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 254 of 298 Paae 19 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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. M Dermott(d)d ot.state.fl. us) or from an appointed designee. Anv construction Dhase work Derformed Drior to the execution of this reauired 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. 255 of 298 Pace 20 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-0DO-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 times 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 256 of 298 Pacie 21 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04/23 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, safety 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 States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. 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. p. 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, 257 of 298 Paae 22 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 defciency(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. 258 of 298 Paae 23 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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: 259 of 298 Paae 24 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION DESTRATEGIC VELOPMENTPMENT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 260 of 298 Paae 25 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04l23 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 261 of 298 Paae 26 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATIONSTRA �G'� DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC:M3 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, state, 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 70/7460-1, 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 262 of 298 Paae 27 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 State 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. 263 of 298 Paae 28 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn 725400.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04/23 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 altitudes) 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 altitudes) 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. 6. 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. 264 of 298 Paae 29 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725400-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 04123 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 state 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. 265 of 298 Paoe 30 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 state 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 266 of 298 Paoe 31 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 States 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). 267 of 298 Paae 32 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-0DO-02 IC PUBLIC TRANSPORTATION DEVE o MENT GRANT AGREEMENT EXHIBITS OGC04123 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. 6) 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. 268 of 298 Paae 33 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. 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.9. 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 13.2. 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 competent 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. 269 of 298 Pace 34 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGICDEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 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 - 270 of 298 Paae 35 of 37 STATE of FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 04123 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 property is purchased using State funds, the contract should include a provision for the transfer of the property to the State 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 property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (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 https://vvww.mvftoridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExoenditures.odf. 271 of 298 Pace 36 of 37 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCM23 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: $320,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: httr)s://aoDs.fldfs.com/fsaa/searchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: httos:1/apes.fldfs.com/fsaa/searchComoliance.asox The State Projects Compliance Supplement is provided at: httos:llaoos.fldfs.com/fsaa/comr)liance.asox 272 of 298 Paae 37 of 37 an a SE13ASfi_V o -7 ft }TOME. OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSNUTTAL Council Meeting Date: June 14, 2023 Anenda Item Title: Florida League of Cities 97`h Annual Conference Items Background: The Florida League of Cities will conduct its 2023 annual conference at the Hilton Orlando Bonnet Creek from August 10-12, 2023 with the Research Symposium on August 9 which is a Council meeting date. Depending on symposium interest please advise if you would like to move the Council meeting to Tuesday, August 8, 2023. The Annual Business Session will be held on Saturday, August 12 during the conference. Each year Council nominates a member to represent Sebastian at this meeting. Recommendation: Discuss interest in attending the Research Symposium and advise staff if Council would like to move the August 8'b meeting. Select a Council Member to represent Sebastian at the Annual Business Session. Attachments: Tentative schedule; voting delegate information Administrative Services Departni tit Review:TL City Attorney Review: City Manager Authorization: / c Date: Z ZZ 273 of 298 WEDNESDAY, AUGUST 9, 2023 12:00 p.m. - 4:30 p.m. Registration Desk Open 1:00 p.m. - 2:00 p.m. Florida League of Mayors Nominating Committee Meeting 2:30 p.m. - 4:30 p.m. Florida League of Mayors Forum Additional registration required through the Florida League of Mayors; contact Rachel Embleton for more details. 4:45 p.m. - 5:45 p.m. Florida League of Mayors Business Meeting For more information, contact Rachel Embleton. 6:00 p.m. - 7:00 p.m. Florida League of Mayors Reception Additional registration required through the Florida League of Mayors; contact Rachel Embleton for more details. THURSDAY, AUGUST 10, 2023 7:00 a.m. - 7:00 p.m. Registration Desk Open 8:00 a.m. - 10:00 a.m. Florida League of Mayors Board of Directors Meeting 8:00 a.m. - 12:00 p.m. Continuing Education in Ethics: Have You Completed Your Hours? Florida's municipal elected officers are required to take four hours of specific continuing education in ethics per year. If you haven't completed your hours yet, this is your opportunity! The four-hour session includes two hours on the Florida Ethics Low (Chapter 112, Florida Statutes), one hour of public meetings (Chapter 286, Florida Statutes) and one hour of public records (Chapter 119, Florida Statutes). If your hours are completed, this class is a good refresher. NOTE: Registration is limited to the first 775 people and will be on a first -come, first -served basis. 10:00 a.m. - 7:30 p.m. Exhibit Hall Open 1:00 p.m. - 2:00 p.m. Legislative Policy Committee Meetings ► Finance, Taxation and Personnel Land Use and Economic Development Municipal Administration Transportation and Intergovernmental Relations ► Utilities, Natural Resources and Public Works 1:00 p.m. - 3:00 p.m. "Cities 101" Workshop If you are newly elected or newly appointed, this "crash course" is designed for you. Details about Florida municipalities, the services they provide and governing challenges will be discussed. This course is a prequel to the popular Institute for Elected Municipal Officials (IEMO) but is not a substitute for the three-day IEMO class. 3:15 p.m. - 4:30 p.m. Workshops 4:45 p.m. - 5:45 p.m. Resolutions Committee Meeting (if needed," 5:15 p.m. - 6:00 p.m. Speed Networking Whether you've just arrived or spent the day in pre -conference workshops and committees: this event will be an energetic ending to the day! Come join your colleagues to meet new friends in a fast - paced, fun environment just before the President's Reception. League staff will also be available to Jr 274 of 298 answer your conference questions. Please wear your badge and come ready to smile, meet, greet and kick off the League's biggest gathering of the year! 5:00 p.m. - 7:30 p.m. President's Welcome Reception in the Exhibit Hall FRIDAY, AUGUST 11, 2022 7:00 a.m. - 8:30 a.m. Florida Black Caucus of Local Elected Officials Breakfast Additional registration required through the Florida Black Caucus of Local Elected Officials, contact Caresso Andrews-Moye for more details. 7:30 a.m. - 9:00 a.m. Continental Breakfast in the Exhibit Hall 7:30 a.m. -1:15 p.m. Exhibit Hall Open 7:30 a.m. - 5:00 p.m. Registration Desk Open 8:15 a.m. - 9:15 a.m. Federal Action Strike Team Meeting 9:15 a.m. -10:30 a.m. Workshops 10:45 a.m. - 12:15 p.m. Opening General Session Featuring the presentation of the E. Harris Drew Award and a keynote presentation by John Avlon and Margaret Hoover. John Avlon is a senior political analyst and anchor at CNN. He is an award -winning columnist and the author of Independent Notion, Wingnuts, Washington's Farewell, and Lincoln and the Fight for Peace. Margaret Hoover is the host of PBS' 1116JIWI_lTAIPH. "Firing Line with Margaret Hoover," a public affairs, multi - platform program that engages in long - form interviews and a rigorous exchange of ideas with the guiding principle that civil discourse is a civic responsibility. A CNN contributor, she has served in the White House under President George W. Bush, in the Department of Homeland Security, on Capitol Hill and on two presidential campaigns. John and Margaret live in New York City with their two children. They will discuss topics MARGARET HOOVER that include John's latest book, Lincoln and the Fight for Peace, Margaret's work as host of "Firing Line" and Disagreeing Agreeably: Tackling Today's Issues While Finding Common Ground. At a time when Americans feel more divided than ever before about politics, they will offer a much -needed example of how we can disagree agreeably. 12:15 p.m. - 1:15 p.m. Sidewalk Cafe in Exhibit Hall (Cash Sales) 1:30 p.m. - 2:30 p.m. Workshops 2:45 p.m. - 4:00 p.m. Workshops 275 of 298 4:15 p.m. - 5:30 p.m. Workshops 6:00 p.m. - 7:00 p.m. Membership Networking Event Evening Open SATURDAY, AUGUST 12, 2023 7:30 a.m. - 8:30 a.m. Various Local/Regional League Breakfast Meetings Contact your local League for more information. Note that an RSVP is required by August 1 in order to guarantee a seat at a breakfast. 7:30 a.m. - 4:00 p.m. Registration Desk Open 8:30 a.m. - 4:00 p.m. Youth Council Program See page 8 for details and registration information 9:00 a.m. -10:00 a.m. Annual Business Meeting 10:15 a.m. - 12:15 p.m. Second General Session Featuring recognition of the Years of Service awards and an address by National League of Cities President Victoria Woodards. Mayor Victoria Woodards of Tacoma, WA, serves as the President of the Notional League of Cities (NLC). She was elected Mayor in 2018. Woodards has called the "City of Destiny" her home for almost her entire life. She is a proud graduate of Tacoma's Lincoln High School and has served as a soldier in the United States Army. Before becoming Mayor, she served for seven years as an at -large member of the City Council. During that time, she launched the city's Equity and Empowerment initiative, which led to the establishment of its Office of Equity and Human Fights. She also brought partner organizations together for then - President Barack Obama's My Brother's Keeper initiative and VICTORIA WOODARDS spearheaded the city's Project PEACE initiative, which bridged community members with the Tacoma Police Department, As Mayor, she continues to be a champion cf these important issues while expanding her involvement in regional and national conversations on affordable housing, transportation, strengthening youth and families, public safety, growing local business and the creation of family wage jobs. She has also worked to more fully engage the city's youth in community decisions that impact them every day by expanding Student Government Day and establishing the city's first Youth Commission. 12:30 p.m. - 2:1S p.m. Past Presidents' Luncheon and Installation of New President 2:30 p.m. - 4:30 p.m. Workshop 6:15 p.m. -11:00 p.m. Inaugural Celebration Pack your best cocktail attire and join us for a night On Broadway! During dinner, you'll be treated to a sampling of hits from some of the Great White Way's biggest shows, including "Hamilton," "The Lion King" and "Wicked." After the show, enjoy drinks and dancing late into the night. Schedule and speakers subject to change. K, 276 of 298 . FLC FLORIDA LEAGUE OF CITIES To: Key Official From: Eryn Russell, Florida League of Cities Date: June 6, 2023 Subject: 97th Annual Conference Voting Delegate Information The Florida League of Cities Annual Conference will be held at the Hilton Orlando Bonnet Creek in Orlando, Florida, from August 10-12, 2023. This conference will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. We ask that each member municipality sending delegates to the Annual Conference designate one of their officials to cast their votes at the Annual Business Session, which will be held on Saturday, August 12. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will vote on matters affecting the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida. Conference registration materials were sent to each municipality via the League's e-newsletter and are available online at flcities.com. If you have any questions about voting delegates, please email erussell@flcities.com. Voting delegate forms must be received by the League no later than July 31, 2023. Attachments: Form Designating Voting Delegate LOCAL VOICES MAKING LOCAL CHOICES O301 S. Bronough Street, Suite 300 Tallahassee, Florida 32301 P.O. Box 1757 Tallahassee, Florida 32302-1757 Phone:850.222.9684 flcities.com Fox: 850.222.3806 277 of 298 97th Annual Conference Florida League of Cities, Inc. August 10-12, 2023 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities designate one of their officials to cast their votes at the Annual Business Session. League By - Laws require each municipality to select one person to serve as the municipality's voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than July 31, 2023. Designation of Voting Delegate Name of Voting Delegate: Title: Delegate Email: Municipality of: AUTHORIZED BY: Name Title Return this form to: Eryn Russell Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Email: erussell@flcities.com 2 of 2 . F LC FLOMA LEAGUE OF CITIES LOCAL VOICES MAKING LOCAL CHOICES 278 of 298 Lin 0 SET - - HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date; June 14, 2023 Attend$ Item Title: Enforcement of School Zone Speed Limits Backizround: Vice Mayor Nunn and Council Member McPartlan have requested CS/HB657 related to the enforcement of school zone speed limits be placed on the agenda for discussion. At Council's discretion, place on the next agenda to direct staff to take action. Attachments; Chapter Law 2023-174 (CS/HB657) Administrative Services Department eview: City Attorney Review: s v City Manager Authorization, Date: 279 of 298 CHAPTER 2023-174 Committee Substitute for Committee Substitute for House Bill No. 657 An act relating to enforcement of school zone speed limits; amending s. 316.003, F.S.; revising and providing definitions; amending s. 316.008, F.S.; authorizing a county or municipality to enforce the speed limit in a school zone at specified periods through the use of a speed detection system; providing a rebuttable presumption; authorizing a county or municipality to install, or contract with a vendor to install, a speed detection system in a school zone; requiring a county or municipality to enact an ordinance to authorize placement or installation of such system; requiring the county or municipality to consider certain evidence and make a certain determination at a public hearing; amending s. 316.0776, F.S.; specifying conditions for the placement or installation of speed detection systems; requiring the Department of Transportation to estab- lish certain specifications by a specified date; requiring a county or municipality that installs a speed detection system to provide certain notice to the public; providing signage requirements; requiring a county or municipality that has never conducted a school zone speed detection system program to conduct a public awareness campaign before commen- cing enforcement using such system; limiting penalties in effect during the public awareness campaign; requiring a county or municipality to place a specified annual report on the agenda of a regular or special meeting of its governing body; requiring approval by the governing body at a regular or special meeting before contracting or renewing a contract to place or install such system; providing for public comment; prohibiting such report, contract, or contract renewal from being considered as part of a consent agenda; providing requirements for a written summary of such report; requiring a report to the Department of Highway Safety and Motor Vehicles; prohibiting compliance with certain provisions from being raised in a proceeding challenging a violation; creating s. 316.1894, F.S.; requiring a law enforcement agency with jurisdiction over a county or municipality conducting a school zone speed detection system program to use certain funds to administer the School Crossing Guard Recruitment and Retention Program; providing purposes; requiring program design and management at the discretion of the law enforcement agency; creating s. 316.1896, F.S.; authorizing a county or municipality to authorize a traffic infraction enforcement officer to issue uniform traffic citations for certain violations; providing construction; providing notice requirements and procedures; authorizing a person who receives a notice of violation to request a hearing within a specified timeframe; defining the term "person"; providing for waiver of challenge or dispute as to the delivery of the notice of violation; requiring a county or municipality to pay certain funds to the Department of Revenue; providing for the distribution of funds; providing requirements for issuance of a uniform traffic citation; providing for waiver of challenge or dispute as to the delivery of the 1 CODING: Language stricken has been vetoed by the Governor 280 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 uniform traffic citation; providing notice requirements and procedures; specifying that the registered owner of a motor vehicle is responsible and liable for paying a uniform traffic citation; providing exceptions; requiring an owner of a motor vehicle to furnish an affidavit under certain circumstances; specifying requirements for such affidavit and procedures relating thereto; providing a criminal penalty for submitting a false affidavit; providing that certain photographs or video and evidence of speed are admissible in certain proceedings; providing a rebuttable presumption; providing construction; providing requirements and proce- dures for hearings; prohibiting the use of a speed detection system for remote surveillance; providing construction; specifying requirements of and prohibitions on the use of recorded video and photographs captured by a speed detection system; requiring municipalities and counties to submit an annual report to the Department of Highway Safety and Motor Vehicles in a form and manner specified by the department; authorizing the department to require quarterly submission of data; providing report requirements; requiring counties and municipalities to retain certain records for a specified period; requiring the department to submit a summary report to the Governor and Legislature; amending s. 316.1906, F.S.; revising the definition of the term "officer"; providing self -test requirements for speed detection systems; requiring a law enforcement agency operating a speed detection system to maintain a log of results of the system's self -tests and to perform independent calibration tests of such systems; providing for the admissibility of certain evidence in certain proceedings; amending s. 318.18, F.S.; providing a civil penalty for a speed limit violation in a school zone; providing for distribution thereof; providing conditions under which a case may be dismissed; amending s. 322.27, F.S.; prohibiting points from being imposed against a driver license for certain infractions enforced by a traffic infraction enforcement officer; prohibiting such infractions from being used to set motor vehicle insurance rates; amending ss. 316.306, 316.640, 318.14, 318.21, and 655.960, F.S.; conforming cross-references and provisions to changes made by the act; amending s. 316.650, F.S.; revising the period during which certain traffic citation data must be provided to a court having jurisdiction over the alleged offense; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (82) through (109) of section 316.003, Florida Statutes, are renumbered as subsections (83) through (110), respectively, subsections (38) and (64) are amended, and a new subsection (82) is added to that section, to read: 316.003 Definitions. —The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (38) LOCAL HEARING OFFICER. —The person, designated by a department, county, or municipality that elects to authorize traffic 2 CODING: Language strieken has been vetoed by the Governor 281 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 infraction enforcement officers to issue traffic 316.0083(1)(a) and 316.1896(1) s. 316.0083(i vat citations under ss. who is authorized to conduct hearings related to a notice of violation issued pursuant to s. 316.0083 or s. 316.1896. The charter county, noncharter county, or municipality may use its currently appointed code enforcement board or special magistrate to serve as the local hearing officer. The department may enter into an interlocal agreement to use the local hearing officer of a county or municipality. (64) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise provided in paragraph 88 b (87)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (82) SPEED DETECTION SYSTEM. —A Dortable or fixed automated system used to detect a motor vehicle's s_veed using radar or LiDAR and to capture a DhotoLrraph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. Section 2. Subsection (9) is added to section 316.008, Florida Statutes, to read: 316.008 Powers of local authorities.— (9)(a) A county or municipality may enforce the applicable Sneed limit on a roadwav properly maintained as a school zone pursuant to s. 316.1895: 1. Within 30 minutes before through 30 minutes after the start of a reLrularly scheduled breakfast Droeram: 2. Within 30 minutes before throue'h 30 minutes after the start of a reLularly scheduled school session; 3. During the entiretv of a regularly scheduled school session; and 4. Within 30 minutes before throu--h 30 Minutes after the end of a remlarly scheduled school session through the use of a. speed detection system fQr the detection of speed and caDturina of Dhotop-,raDhs or videos for violations in excess of 10 miles Der hour over the sDeed limit in force at the time of the violation. A school zone's compliance with s. 316.1895 creates a rebl..#table presumption that the school zone is DroDerly maintained. (b) A county or municipality may Dlace or install. or contract with a vendor to place or install. a speed detection systern. within a roadwav maintained as a school zone as Drovided in s. 316.1895 to enforce unlawful sDeed violations. as Specified in s. 316.1895(10) or s. 316.183. on that roadway. 3 CODING: Language strieken has been vetoed by the Governor 282 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 (c) A countv or municipality must enact an ordinance in order to authorize the Dlacement or installation of a speed detection system on a roadwav maintained as a school zone as authorized by this subsection. As Dart of the Dublic hearing on such DroDosed ordinance. the county or municipality must consider traffic data or other evidence suDDorting the installation and operation of each DroDosed school zone speed detection system. and the countv or municipality must determine that the school zone where a speed detection system is to be Dlaced or installed constitutes a heightened safetv risk that warrants additional enforcement measures Dursuant to this subsection. Section 3. Subsection (3) is added to section 316.0776, Florida Statutes, to read: 316.0776 Traffic infraction detectors; speed detection systems: place- ment and installation.— (3) A speed detection system authorized by s. 316.008(9) may be Dlaced or installed in a school zone on a state road when Dermitted by the Department of TransDortation and in accordance with Dlacement and installation specifications develoDed by the Department of TransDortation. The speed detection system may be Dlaced or installed in a school zone on a street or highwav under the iurisdiction of a countv or a municipality in accordance with Dlacement and installation specifications established by the Department of Transportation. The Department of Transportation must establish such Dlacement and installation specifications by December 31. 2023. (a) If a countv or municipality Dlaces or installs a speed detection system as authorized by s. 316.008(9), the countv or municipality must notify the Dublic that a sDeed detection system may be in use by Dosting signage indicating DhotograDhic or video enforcement of the school zone sDeed limits. Such signage shall clearlv designate the time Deriod during which the school zone sDeed limits are enforced using a sDeed detection system and must meet the Dlacement and installation sD_ ecifications established by the Department of TransDortation. For a sDeed detection system enforcing violations of s. 316.1895 or s. 316.183 on a roadwav maintained as a school zone. this paragraph governs the sig_ nag_ a notifying_ the Dublic of the use of a sDeed detection system. (b) If a countv or municipality begins a school zone sDeed detection system Drogram in a county or municipality that has never conducted such a Drogram. the respective countv or municipality must make a Dublic announcement and conduct a Dublic awareness campaign of the DroDosed use of sDeed detection systems at least 30 days before commencing enforcement under the sDeed detection system Drogram and must notify the Dublic of the specific date on which the program will commence. During the 30-day Dublic awareness campaign, onlv a warning may be issued to the registered owner of a motor vehicle for a violation of s. 316.1895 or s. 316.183 4 CODING: Language strieken has been vetoed by the Governor 283 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 enforced by a speed detection system. and lia.b_ ility_ may not be imposed for the civil Denaltv under s. 318.18(3)(d). (c) A countv or municipality that operates one or more school zone Sneed. detection systems must annuallv report the results of all systems within the countv's or municinalitv's iurisdiction by DI -acing the report required under s. 316.1896(16)(a) as a single reDorting item on the agenda of a regular or special meeting of the, cpunty's or municipality's governing body. Before a county or municipality contracts or renews a. contract to Dlace or install a Sneed detection system in a school zone pursuant to s. 316.008(9). the county or municipality must aDDrove the contract or contract renewal at a regular or special meeting of the countv's or municiDalitv's governing bodv. 1. Interested members of the Dublic must be allowed to comment regarding the report. contract. or contract renewal under the countv's or municiDalitv's Dublic comment Dolicies or formats. and the report. contract, or contract renewal may not be considered as part of a consent agenda. 2. The report reouired under this DaraeraDh must include a written summarv. which must be read aloud at the regular or special meeting. and the summary must contain. for the same tune period T)ertaining to the annual report to the department under s. 316.1896(16)(a). the number of notices of violation issued. the number that were contested. the number that were upheld. the number that were dismissed. the number that were issued as uniform traffic citations. and the number that were Daid and how collected funds were distributed and in what amounts. The county or municipality must report to the department that the countv's or munici- Dalitv's annual report was considered in accordance with this Daragranh, including the date of the regular or sD_ ecial meeting_ at which the annual report was considered. 3. The compliance or sufficiencv of compliance with this Daragranh may not be raised in a proceeding challenging a violation of s. 316.1895 or s. 316.183 enforced by a speed detection system in a school zone. Section 4. Section 316.1894, Florida Statutes, is created to read: 316.1894 School Crossing Guard Recruitment and Retention Program. The law enforcement agencv having jurisdiction over a county or munici- pality conducting a school zone speed detection system program authorized by s. 316.008(9) must use funds generated Dursuant to s. 316.1896(5)(e) from the school zone speed detection system Drogram to administer the School Crossing Guard Recruitment and Retention Program. Such Droaram may Drovide recruitment and retention stipends to crossing swards at K-12 Dublic schools. including charter schools. or stipends to third parties for the recruitment of new crossing guards. The School Crossing Guard Recruit- ment and Retention Program must be desiened and managed at the discretion of the law enforcement avencv. Section 5. Section 316.1896, Florida Statutes, is created to read: 5 CODING: Language ste has been vetoed by the Governor 284 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 316.1896 Roadways maintained as school zones: speed detection system enforcement: Denalties: anneal procedure: Drivacv: renorts.— (1) For Durposes of administering this section. a countv or municiDality may authorize a traffic infraction enforcement officer under s. 316.640 to issue uniform traffic citations for violations of ss. 316.1895 and 316.183 as authorized by s. 316.008(9). as follows: (a) For a violation of s. 316.1895 in excess of 10 miles Der hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast Drogram. (b) For a violation of s. 316.1895 in excess of 10 miles Der hour over the school zone sDeed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled school session. (c) For a violation of s. 316.183 in excess of 10 miles Der hour over the Dosted sDeed limit during_ the entiretv of a reg_ ularly scheduled school session. (d) For a violation of s. 316.1895 in excess of 10 miles Der hour over the school zone sDeed limit which occurs within 30 minutes before through 30 minutes after the end of a regularlv scheduled school session. Such violation must be evidenced by a sDeed detection system described in ss. 316.008(9) and 316.0776(3). This subsection does not Drohibit a review of information from a sDeed detection system by an authorized emDlovee or agent of a countv or municiDality before issuance of the uniform traffic citation by the traffic infraction enforcement officer. This subsection does not Drohibit a county or municiDality from issuing notices a$ Drovided in subsection (2) to the registered owner of the motor vehicle for a violation of s. 316.1895 or s. 316.183. (2) Within 30 days after a violation. notice must be sent to the registered owner of the motor vehicle involved in the violation snecifving the remedies available under s. 318.14 and that the violator must Dav the Denaltv under s. 318.18(3)(d) to the countv or municiDality. or furnish an affidavit in accordance with subsection (8). within 30 days after the date of the notice of violation in order to avoid court fees. costs. and the issuance of a uniform traffic citation. The notice of violation must: (a) Be sent by first-class mail. (b) Include a DhotograDh or other recorded image showing the license Dlate of the motor vehicle: the date. time. and location of the violation: the maximum sDeed at which the motor vehicle was traveling within the school zone: and the sDeed limit within the school zone at the time of the violation. (c) Include a notice that the owner has the right to review. in Derson or remotelv. the DhotograDh or video caDtured by the speed detection system and the evidence of the sDeed of the motor vehicle detected by the sDeed 6 CODING: Language str-ieken has been vetoed by the Governor 285 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 detection system which constitute a rebuttable Dresumption that the motor vehicle was used in violation of s. 316.1895 or s. 316.183. (d) State the time when. and the place or website at which, the DhotoeraDh or video captured and evidence of sn_ eed detected may be examined and observed. (3) Notwithstanding anv_ other law. a person who receives a notice of violation under this section may request a hearing within 30 days after the notice of violation or may pav the Denaltv pursuant to the notice of violation, but a Davment or fee may not be reauired before the hearing reauested by the person. The notice of violation must be accompanied bv. or direct the Derson to a website that Drovides. information on the Derson's right to request a hearing and on all costs related thereto and a form used for reauesting a hearing. As used in this subsection, the term "person" includes a natural person, the registered owner or co-owner of a. motor vehicle. or the Derson identified in an affidavit as having actual care. custody. or control of the motor vehicle at the time of the violation. (4) If the registered owner or co-owner of the motor vehicle: the Derson identified as having care. custody, or control of the motor vehicle at the time of the violation: or an authorized representative of the owner, co-owner, or identified Derson initiates a proceeding to challenge the violation, such Derson waives anv challenge or disD_ ute as to the delivery of the notice of violation. (5) Penalties assessed and collected by the county or municiDality authorized to collect the funds provided for in this section. less the amount retained by the county or municipality Dursuant to paraeraDh (b) and paragraph (e) and the amount remitted to the county school district Dursuant to Daragranh (d). must be Daid to the Department of Revenue weeklv. Such Davment must be made by means of electronic funds transfer. In addition to the Davment. a detailed summary of the Denalties remitted must be reported to the Department of Revenue. Penalties to be assessed and collected by the county or municipality as established in s. 318.18(3)(d) must be remitted as follows: (a) Twentv dollars must be remitted to the Dep_ artment of Revenue for deDosit into the General Revenue Fund. (b) Sixty dollars must be retained by the county or municiDality and must be used to administer speed detection -.vstems in school zones and other Dublic safetv initiatives. (c) Three dollars must be remitted to the Department of Revenue for deDosit into the l)eDartment of Law EnforcerraP_nt Criminal Justice Stan- dards and Training Trust Fund. (d) Twelve dollars must be remitted to the county school district in which the violation occurred and must be used for school security initiatives, for 7 CODING: Language strieke has been vetoed by the Governor 286 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 student transportation. or to improve the safety of student walking conditions. Funds remitted under this paragraph must be shared with charter schools in the district based on each charter school's proportionate share of the district's total unweiahted full-time eauivalent student enrollment and must be used for school security_ initiatives or to improve the safetv of student walking conditions. (e) Five dollars must be retained by the countv or municipality for the School Crossing_ Guard Recruitment and Retention Program Dursuant to s. 316.1894. (6) A uniform traffic citation must be issued by mailing the uniform traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation if Davment has not been made within 30 days after notification under subsection (2), if the registered owner has not reauested a hearing as authorized under subsection (3). and if the registered owner has not submitted an affidavit in accordance with subsection (8). (a) Delivery of the uniform traffic citation constitutes notification of a violation under this subsection. If the registered owner or co-owner of the motor vehicle: the person identified as having care, custodv. or control of the motor vehicle at the time of the violation: or a duly authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the citation pursuant to this section, such person waives anv challenge or dispute as to the delivery of the uniform traffic citation. (b) In the case of ioint ownership of a motor vehicle. the uniform traffic citation must be mailed to the first name appearing on the motor vehicle registration, unless the first name appearing on the registration is a business organization. in which case the second name ap_ Dearina on the registration may be used. (c) The uniform traffic citation mailed to the registered owner of the motor vehicle involved in the infraction must be accompanied by the information described in paragraphs (2)(b), (2)(c), and (2)(d). (7) The registered owner of the motor vehicle involved in the violation is responsible and liable for Daving the uniform traffic citation issued for a violation of s. 316.1895 or S. 316.183 unless the owner can establish that: (a) The motor vehicle was, at the time of the violation. in the care, custodv. or control of another Derson: (b) A uniform traffic citation was issued by law enforcement to the driver of the motor vehicle for the alleged violation of s. 316.1895 or s. 316.183: or (c) The motor vehicle's owner was deceased on or before the date of the alleged violation, as established by an affidavit submitted by the represen- tative of the motor vehicle owner's estate or other identified Derson or family member. 8 CODING: Language stamen has been vetoed by the Governor 287 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 (8) To establish such facts under subsection (7). the registered owner of the motor vehicle must. within 30 days after the date of issuance of the notice of violation or the uniform traffic citation. furnish to the aDDropriate governmental entitv an affidavit setting forth information suD_ Dorting an exception under subsection (7). (a) An affidavit suonorting the exception under DaraeraDh (7)(a) must include the name. address. date of birth. and. if known. the driver license number of the Derson who leased. rented. or otherwise had care. custodv, or control of the motor vehicle at the time of the alleged violation. If the motor vehicle was stolen at the time of the alleged violation. the affidavit must include the Dolice report indicating that the motor vehicle was stolen. (b) If a uniform traffic citation for a violation of s. 316.1895 or s. 316.183 was issued at the location of the violation by a law enforcement officer. the affidavit must include the serial number of the uniform traffic citation. (c) If the motor vehicle's owner to whom a notice of violation or a uniform traffic citation has been issued is deceased. the, affidavit must include a certified coDv of the owner's death certificate showing that the date of death occurred on or before the date of the alleged violation and one of the following: 1. A bill of sale or other document showing that the deceased owner's motor vehicle was sold or transferred after his or her death but on or before the date of the alleged violation. 2. Documented proof that the registered license Dlate belonging to the deceased owner's motor vehicle was returned to the department or anv branch office or authorized agent of the department after his or her death but on or before the date of the alleged violation. 3. A coDv of the Dolice report showing that the deceased owner's registered license plate or motor vehicle was stolen after his or her death but on or before the date of the alleged violation. Upon receipt of the affidavit and documentation reauired under paragraphs (b) and (c). or 30 days after the date of issuance of a notice of violation sent to a person identified as having care. custodv. or control of the motor vehicle at the time of the violation under Daragraph (a). the countv or municipality must dismiss the notice or citation and Drovide Droof of such dismissal to the Derson who submitted the affidavit. If. within 30 days after the date of a notice of violation sent to a Derson under subsection (9). the countv or municipality receives an affidavit under subsection (10) from the Derson sent a notice of violation affirming that the Derson did not have care. custodv. or control of the motor vehicle at the time of the violation. the countv or municipality must notifv the registered owner that the notice or citation will not be dismissed due to failure to establish that another person had care, custodv. or control of the motor vehicle at the time of the violation. 9 CODING: Language strieken has been vetoed by the Governor Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 (9) UDon receipt of an affidavit under paragraph (8)(a). the countv or municipality may issue the person identified as having care. custodv. or control of the motor vehicle at the time of the violation a notice of violation Dursuant to subsection (2) for a violation of s. 316.1895 or s. 316.183. The affidavit is admissible in a Droceeding pursuant to this section for the Durpose of Droviding evidence that the Derson identified in the affidavit was in actual care. custodv. or control of the motor vehicle. The owner of a leased motor vehicle for which a uniform traffic citation is issued for a violation of s. 316.1895 or s. 316.183 is not responsible for Raving the uniform traffic citation and is not reauired to submit an affidavit as specified in subsection (8) if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. (10) If a countv or municipality receives an affidavit under DaragraDh (8)(a). the notice of violation reauired under subsection (2) must be sent to the Derson identified in the affidavit within 30 days after receipt of the affidavit. The Derson identified in an affidavit and sent a notice of violation may also affirm that he or she did not have care. custody. or control of the motor vehicle at the time of the violation by furnishing to the aDDroDriate governmental entitv within 30 days after the date of the notice of violation an affidavit stating such. (11) The submission of a false affidavit is a misdemeanor of the second degree. Dunishable as Drovided in s. 775.082 or s. 775.083. (12) The DhotoaraDh or video captured by a speed detection system and the evidence of the speed of the motor vehicle detected by a speed detection system which are attached to or referenced in the uniform traffic citation are evidence of a violation of s. 316.1895 or s. 316.183 and are admissible in anv Droceeding to enforce this section. The DhotograDh or video and the evidence of speed detected raise a rebuttable DresumDtion that the motor vehicle named in the report or shown in the DhotograDh or video was used in violation of s. 316.1895 or s. 316.183. (13) This section suDDlements the enforcement of ss. 316.1895 and 316.183 by a law enforcement officer and does not Drohibit a law enforcement officer from issuing_ a uniform traffic citation for a violation of s. 316.1895 or s. 316.183. (14) A hearing under this section must be conducted under the procedures established by s. 316.0083(5) and as follows: (a) The department must Dublish and make available electronicallv to each countv and municipality a model request for hearing form to assist each countv or municipality administering this section. (b) A countv or municipality electing to authorize traffic infraction enforcement officers to issue uniform traffic citations under subsection (6) must designate by resolution existing staff to serve as the clerk to the local hearing officer. 10 CODING: Language strieken has been vetoed by the Governor 289 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 (c) A person. referred to in this subsection as the "petitioner." who elects to reauest a hearing. under subsection (3) must be scheduled for a hearing' by the clerk to the local hearing officer. The clerk must furnish the petitioner with notice sent by first-class mail. Upon receipt of the notice. the petitioner may reschedule the hearing up to two times by submitting a written request to reschedule to the clerk at least 5 calendar days before the day of the scheduled hearing. The. petitioner may cancel his or her appearance before the local hearing officer by na.vinpr the penalty assessed under subsection (2), plus the administrative costs established in s. 316.0083(5)(c). before the start of the hearing. (d) All testimonv at the hearing must be under oath and must be recorded. The local hearing officer must take testimonv from a traffic infraction enforcement officer and the petitioner and may take testimonv from others. The local hearing officer must review the DhotoeTaDh or video captured by the speed detection system and the evidence of the speed of the motor vehicle detected by the speed detection system made available under Daraeraph (2)(b). Formal rules of evidence do not aDDly. but due Drocess must be observed and govern the Droceedings. (e) At the conclusion of the hearing. the local hearing officer must determine whether a violation under this section occurred and must uphold or dismiss the violation. The local hearing officer must issue a final administrative order including the determination and. if the notice of violation is upheld. must reauire the Detitioner to nav the Denalty Dreviouslv assessed under subsection (2). and may also require the Detitioner to Dav county or municipal costs not to exceed the amount established in s. 316.0083(5)(e). The final administrative order must be mailed to the Detitioner by first-class mail. (f) An aggrieved Dartv may aDDeal a final administrative order consis- tent with the Drocess Drovided in s. 162.11. (15)(a) A speed detection system in a school zone may not be used for remote surveillance. The collection of evidence by a speed detection system to enforce violations of ss. 316.1895 and 316.183. or user -controlled Dan or tilt adiustments of speed detection system components. do not constitute remote surveillance. Recorded video or DhotograDhs collected as Dart of a speed detection system in a school zone may only be used to document violations of ss. 316.1895 and 316.183 and for purposes of determining criminal or civil liability for incidents captured by the sDeed detection system incidental to the permissible use of the Sneed detection system. (b) Anv recorded video or DhotograDh obtained through the use of a sDeed detection system must be destroved within 90 days after the final disposition of the recorded event. The vendor of a sDeed: detection system must Drovide the county or municiDahty with written notice by December 31 of each vear that such records have been destroved in accordance with this subsection. 11 CODING: Language st-r"en has been vetoed by the Governor 290 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 (c) Notwithstanding anv other law. registered motor vehicle owner information obtained as a result of the operation of a speed detection system in a school zone is not the DroDerty of the manufacturer or vendor of the speed detection system and may be used only for the Durposes of this section. (16)(a) Each county or municipality that operates one or more speed detection systems must submit a report by October 1. 2024. and annually thereafter. to the department which identifies the Dublic safetv objectives used to identifv a school zone for enforcement under this section. reports compliance with s. 316.0776(3)(c). and details the results of the speed detection system in the school zone and the procedures for enforcement. The information from counties and municiDalities must be submitted in a form and manner determined by the department, which the department must make available to the counties and municiDalities by August 1.2023. and the department may reauire data components to be submitted a_uarterly_ . The report must include at least the following: 1. Information related to the location of each speed detection system. including the geocoordinates of the school zone. the directional aDDroach of the sDeed detection system, the school name, the school level. the times the speed detection system was active. the restricted school zone sDeed limit enforced Dursuant to s. 316.1895(5). the posted sDeed limit enforced at times other than those authorized by s. 316.1895(5). the date the systems were activated to enforce violations of ss. 316.1895 and 316.183. and. if aDD_ licable. the date the systems were deactivated. 2. The number of notices of violation issued. the number that were contested. the number that were upheld, the number that were dismissed. the number that were issued as uniform traffic citations. and the number that were Daid. 3. Anv other statistical data and information related to the Drocedures for enforcement which is reauired by the department to complete the report reauired under paragraph (c). (b) Each countv or municipality that operates a speed detection system is responsible for and must maintain its respective data for reporting Durposes under this subsection for at least 2 vears after such data is reported to the department. (c) On or before December 31. 2024. and annually thereafter. the department must submit a summary report to the Governor. the President of the Senate. and the Speaker of the House of Representatives regarding the use of sDeed detection systems under this section. along with anv legislative recommendations from the department. The summary report must include a review of the information submitted to the department by the counties and municiDalities and must describe the enhancement of safety and enforce- ment programs. 12 CODING: Language strieken has been vetoed by the Governor 291 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 Section 6. Paragraph (d) of subsection (1) of section 316.1906, Florida Statutes, is amended, and subsection (3) is added to that section, to read: 316.1906 Radar speed -measuring devices; sn_ eed detection systemsl evidence, admissibility.— (1) DEFINITIONS.— (d) "Officer" means any: 1. "Law enforcement officer" who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with the authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state; 2. "Part-time law enforcement officer" who is employed or appointed less than full time, as defined by an employing agency, with or without compensation; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state; or 3. "Auxiliary law enforcement officer" who is employed or appointed, with or without compensation; who aids or assists a full-time or part-time law enforcement officer; and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions; or 4. "Traffic infraction enforcement officer" who is emDloved or appointed, with or without compensation. and satisfies the reauirements of s. 316.640(5) and is vested with authority to enforce violations of ss. 316.1895 and 316.183 pursuant to s. 316.1896. (3) A speed detection system is exempt from the design requirements for radar or LiDAR units established by the department. A speed detection system must have the ability to Der£orm self -tests as to its detection accuracv. The system must perform a self -test at least once every 30 days. The law enforcement aaencv. or an agent acting on behalf of the law enforcement agencv. overating a speed detection system must maintain a log of the results of the system's self -tests. The law enforcement aaencv. or an anent acting on behalf of the law enforcement agenev. operating a speed detection system must also Derform an independent calibration test on the speed detection system at least once every 12 mpnths. The self -test logs. as well as the results of the annual calibration test. are admissible in any court Droceeding for a uniform traffic citation issues] for a. violation of s. 316.1895 or s. 316.183 enforced pursuant to s. 316.1896. Notwithstandine subsection (2). evidence of the speed of a motor vehicle detected by a speed detection system compliant with this subsection and the determination by a traffic enforcement officer thaf: a motor vehicle is oner..atinp., in excess of the 13 CODING: Language stamen has been vetoed by the Governor 292 of 298 Ch. 2023-174 LAWS OF FLOREDA Ch. 2023-174 applicable speed alleged violation zones. limit is admissible in anv Droceeding with resDect to an of law regulating the speed of motor vehicles in school Section 7. Paragraphs (d) through (h) of subsection (3) of section 318.18, Florida Statutes, are redesignated as paragraphs (e) through (i), respec- tively, and a new paragraph (d) is added to that subsection to read: 318.18 Amount of penalties. —The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows: (3) (d)1. Notwithstanding DaragraDhs (b) and (c). a person cited for a violation of s. 316.1895(10) or s. 316.183 for exceeding the speed limit in force at the time of the violation on a roadwav maintained as a school zone as Drovided in s. 316.1895. when enforced by a traffic infraction enforcement officer Dursuant to s. 316.1896. must pav a fine of $100. Fines collected under this DaragraDh must be distributed as follows: a. Twentv dollars must be remitted to the Department of Revenue for deposit into the General Revenue Fund. b. Seventy-seven dollars must be distributed to the county for anv violations occurring in anv unincorporated areas of the countv or to the municipality for anv violations occurring in the incorporated boundaries of the municiDality in which the infraction occurred. to be used as Drovided in s. 316.1896(5). c. Three dollars must be remitted to the Department of Revenue for deposit into the Department of Law Enforcement Criminal Justice Stan- dards and Training Trust Fund to be used as Drovided in s. 943.25. 2. If a Derson who is mailed a notice of violation or a uniform traffic citation for a violation of s. 316.1895(10) or s. 316.183. as enforced by a traffic infraction enforcement officer under s. 316.1896. Dresents documentation from the aDDroDriate governmental entitv that the notice of violation or uniform traffic citation was in error. the clerk of court or clerk to the local hearing officer may dismiss the case. The clerk of court or clerk to the local hearing officer may not charge for this service. Section 8. Paragraph (d) of subsection (3) of section 322.27, Florida Statutes, is amended to read: 322.27 Authority of department to suspend or revoke driver license or identification card.— (3) There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor 14 CODING: Language strieken has been vetoed by the Governor 293 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year. (d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations: 1. Reckless driving, willful and wanton-4 points. 2. Leaving the scene of a crash resulting in property damage of more than $50-6 points. 3. Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash-6 points. 4. Passing a stopped school bus: a. Not causing or resulting in serious bodily injury to or death of another 4 points. b. Causing or resulting in serious bodily injury to or death of another 6 points. 5. Unlawful speed: a. Not in excess of 15 miles per hour of lawful or posted speed-3 points. b. In excess of 15 miles per hour of lawful or posted speed-4 points. c. Points may not be imposed for a violation of unlawful speed as urovided in s. 316.1895 or. s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896. In a.d-flitiQn. a violation of s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer Dursuant to s. 316.1896 mav_ not be used for Durooses of setting motor vehicle insurance rates. 6. A violation of a traffic control signal device as provided ins. 316.074(1) or s. 316.075(1)(c)1.-4 points. However, no points shall be imposed for a violation of s. 316.074(1) or s. 316.075(1)(01. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(01. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates. 7. All other moving violations (including parking on a highway outside the limits of a municipality)-3 points. However, no points shall be imposed 15 CODING: Language siren has been vetoed by the Governor 294 of 298 Ch. 2023-174 LAWS OF FLOREDA Ch. 2023-174 for a violation of s. 316.0741 or s. 316.2065(11); and points shall be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5). 8. Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash-4 points. 9. Any conviction under s. 403.413(6)(b)-3 points. 10. Any conviction under s. 316.0775(2)-4 points. 11. A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone-2 points, in addition to the points assigned for the moving violation. Section 9. Paragraph (a) of subsection (3) of section 316.306, Florida Statutes, is amended to read: 316.306 School and work zones; prohibition on the use of a wireless communications device in a handheld manner.— (3)(a)1. A person may not operate a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone, or work zone area as defined in s. 316.003(110) s. 346.003(109). This subparagraph shall only be applicable to work zone areas if construction personnel are present or are operating equipment on the road or immediately adjacent to the work zone area. For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph. 2. Effective January 1, 2020, a law enforcement officer may stop motor vehicles and issue citations to persons who are driving while using a wireless communications device in a handheld manner in violation of subparagraph 1. Section 10. Paragraph (a) of subsection (5) of section 316.640, Florida Statutes, is amended to read: 316.640 Enforcement. —The enforcement of the traffic laws of this state is vested as follows: (5)(a) Any sheriff's department or police department of a municipality may employ, as a traffic infraction enforcement officer, any individual who successfully completes instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission 16 CODING: Language str-ieken has been vetoed by the Governor 295 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 for law enforcement officers or auxiliary law enforcement officers under s. 943.13. Any such traffic infraction enforcement officer who observes the commission of a traffic infraction or, in the case of a parking infraction, who observes an illegally parked vehicle may issue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s. 318.14. In addition, any such traffic infraction enforcement officer may issue a traffic citation under ss. 316.0083 and 316.1896 . For purposes of enforcing ss. 316.0083. 316.1895. and 316.183 s. 316.0083, any sheriff's department or police department of a municipality may designate employees as traffic infraction enforcement officers. The traffic infraction enforcement officers must be physically located in the county of the respective sheriffs or police department. Section 11. Paragraphs (a) and (c) of subsection (3) of section 316.650, Florida Statutes, are amended to read: 316.650 Traffic citations.— (3)(a) Except for a traffic citation issued pursuant to s. 316.1001, or s. 316.0083, or s. 316.1896. each traffic enforcement officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any municipality or town, shall deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 5 business days after issuance to the violator. (c) If a traffic citation is issued under s. 316.0083 or s. 316.1896, the traffic infraction enforcement officer shall provide by electronic transmis- sion a replica of the traffic citation data to the court having jurisdiction over the alleged offense or its traffic violations bureau within 5 business days after the date of issuance of the traffic citation to the violator. If a hearing is requested, the traffic infraction enforcement officer shall provide a replica of the traffic notice of violation data to the clerk for the local hearing officer having jurisdiction over the alleged offense within 14 days. Section 12. Subsection (2) of section 318.14, Florida Statutes, is amended to read: 318.14 Noncriminal traffic infractions; exception; procedures.— (2) Except as provided in ss. 316.1001(2), and 316.0083, and 316.1896, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and 17 CODING: Language sere has been vetoed by the Governor 296 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 must indicate the applicable civil penalty established in s. 318.18. For all other infractions under this section, except for infractions under s. 316.1001, the officer must certify by electronic, electronic facsimile, or written signature that the citation was delivered to the person cited. This certification is prima facie evidence that the person cited was served with the citation. Section 13. Subsections (4), (5), and (15) of section 318.21, Florida Statutes, are amended to read: 318.21 Disposition of civil penalties by county courts. All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows: (4) Of the additional fine assessed under s. 318.18(3)(e,) s. 318.18(3)(f) 8(3)(f) for a violation of s. 316.1301, 40 percent must be remitted to the Department of Revenue for deposit in the Grants and Donations Trust Fund of the Division of Blind Services of the Department of Education, and 60 percent must be distributed pursuant to subsections (1) and (2). (5) Of the additional fine assessed under s. 318.18(3)(v) c. 81S.? 0A) for a violation of s. 316.1303(1), 60 percent must be remitted to the Department of Revenue for deposit in the Grants and Donations Trust Fund of the Division of Vocational Rehabilitation of the Department of Education, and 40 percent must be distributed pursuant to subsections (1) and (2). (15) Of the additional fine assessed under s. 318.18(3)(f). s. 3 a.' a«'re' for a violation of s. 316.1893, 50 percent of the moneys received from the fines shall be appropriated to the Agency for Health Care Administration as general revenue to provide an enhanced Medicaid payment to nursing homes that serve Medicaid recipients with brain and spinal cord injuries. The remaining 50 percent of the moneys received from the enhanced fine imposed under s. 318.18(3)(f) s. 3 8.' 8(g)(e) shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers in the counties where enhanced penalty zones are established to ensure the availability and accessibility of trauma services. Funds deposited into the Emergency Medical Services Trust Fund under this subsection shall be allocated as follows: (a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for main- taining trauma services. (b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center's relative volume of trauma cases as calculated using the hospital discharge data collected pursuant to s. 408.061. Section 14. Subsection (1) of section 655.960, Florida Statutes, is amended to read: 18 CODING: Language semen has been vetoed by the Governor 297 of 298 Ch. 2023-174 LAWS OF FLORIDA Ch. 2023-174 655.960 Definitions; ss. 655.960-655.965. As used in this section and ss. 655.961-655.965, unless the context otherwise requires: (1) "Access area" means any paved walkway or sidewalk which is within 50 feet of any automated teller machine. The term does not include any street or highway open to the use of the public, as defined in s. 316.003(88)(a) s. 346.803(87)(a) or (b), including any adjacent sidewalk, as defined in s. 316.003. Section 15. This act shall take effect July 1, 2023. Approved by the Governor May 31, 2023. Filed in Office Secretary of State May 31, 2023. 19 CODING: Language semen has been vetoed by the Governor 298 of 298