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08-08-2023 CC Agenda
1711 l�F S ASTI w��AN�. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, AUGUST S, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Ryan L. Butler, Indian River County Clerk of the Circuit Court and Comptroller B. PACE Presentation by Jordan Abbey, Director of Taxes and Licenses, Indian River Tax Collector's Office pgs 1-4 C. Presentation by Gehring Group, City Insurance Consultants; Employee Health, Dental, Vision Insurance for FY23/24 (PPT) BriefAnnouncements: August 15th - Open House Information Session for the US-] Repaving Project @ North Indian River County Library 6pm-7pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input " provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 1 of 185 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 5-12 A. Prior Authorization for Council Member Travel to Florida League of Cities Institute for Elected Municipal Officials II — October 27-28, 2023, Daytona Beach, Florida (Transmittal, Info) pgs 13-20 B. Formal Approval of Employee Group Insurance Policies for the Year Beginning October 1, 2023 (Transmittal, Summaries) pgs 21-11 C. Approve Agreement between the Sebastian Charter Junior High, Inc. and the City of Sebastian for One (1) School Resource Officer for Three (3) School Years with the Option to Renew for Three (3) Additional School Years and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) pgs 12-37 D. Approve the One (1) Year Extension to the Piggyback Agreement with Aquatic Vegetation Control, Inc. until September 30, 2024 and Authorize the City Manager to Execute all Appropriate Documents (Transmittal, Notice of Intent, Letter, Contract) pgs 38-40 E. Approve Alcoholic Beverages for the Batista Family Event at the Sebastian Yacht Club on Saturday, September 16, 2023 from 11:30 a.m. to 3:30 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. A. Natural Resources Board pgs 41-48 i. Sustainable Sebastian Initiatives Update (Transmittal, PPT) 10. PUBLIC HEARINGS 11. UNFINISHED BUSINESS pgs 49-142 A. Update to Florida Department of Environmental Protection 2023 Resilient Florida Grant Agreement #23PLN17 to Conduct a Comprehensive Vulnerability Assessment Update Pursuant to F.S.380.093 and Authorize the City Manager to Execute all Appropriate Documents (Transmittal, Contract, Agreement Changes) 2 of 185 12. NEW BUSINESS pgs 143-151 A. First Reading of Ordinance No. 0-23-08 — Amending the Code of Ordinances Chapter 110 Waterways (Transmittal, 0-23-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 152-178 B. Resolution No. R-23-16 Accepting the 3`d Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY2022-2023 Annual Budget (Transmittal, R-23-16, 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. pgs 179-185 C. Resolution No. R-23-17 Rescinding Resolution No. R-18-22 Regarding "No Through Trucks Zone" and Approval to Remove "No Through Trucks Zone" Signs Citywide (Transmittal, R-23-17, Sec. 2B.36, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE RESCISSION OF RESOLUTION NUMBER R-18- 22 REGARDING "NO THROUGH TRUCKS ZONE" AND APPROVAL TO REMOVE "NO THROUGH TRUCK ZONE" SIGNS CITYWIDE; PROVIDING FOR IMPLEMENTING ACTIONS RELATING THERETO; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member McPartlan B. Mayor Jones C. Vice Mayor Nunn D. Council Member Dixon E. Council Member Dodd 3 of 185 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPEC14L ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/83693353419 Or One tap mobile: +13052241968„83693353419# US +13092053325„83693353419# US Webinar ID: 836 9335 3419 International numbers available: https://us02web.zoom.us/u/kbjKivO4SD 4 of 185 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); vo City Council Matters vo 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 185 8/4/2023 Employee Benefits October 1, 2023 Renewal ,_,1-IF 5E13A$-F-IIJkN HOME OF PELICAN ISLAND Presented By: CU �GEHRING' G R 0 U P A DIVISION OF RISK STRATEWES Items for Discussion; i. Employee Benefits Program Summary 2. Industry Overview 3, 2023-2024 Renewal Process 4. Recommendation of Renewal s. Questions 1 6 of 185 Employee Benefit Program Summary • Medical insurance -- Currently with Florida Blue - High Deductible Health Plan (HDHP) o $1,500 Employee Only / $3,000 Family Deductible n $4,500 Employee Only / $9,000 Family Out of Pocket Max • City funded Health Reimbursement Account - City funds $2,500 for Employee Only / $5,000 for Family Coverage Dental and Vision Insurance - Currently with Humana • Life, Long Term Disability, Short Term Disability and Employee Assistance Program - Currently with Lincoln Financial Group Industry Overview { Industry wide medical costs for 2024 projected to increase 7%. r i Health plans' cost increases largely driven by inflationary cost impacts from contracted health care providers Double digit pharmacy trends driven by the increased prominence of specialty drugs in the market - Medical inflation further exacerbated by clinical workforce shortages, prompting hospitals to increase salaries and consequently seek higher reimbursement from payers • On a positive note: - New biosimilar drugs coming to market may help drive down future costs - Health plans' continued investment in care management programs showing promise in terms of effective cost management - Decrease in inpatient utilization and an industry shift to more outpatient care 8/4/2023 z 7 of 185 Questions? 8/4/2©23 9 of 185 Lei lei HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 Agenda Item Title: Prior Authorization for Council Member Travel to Florida League of Cities Institute for Elected Municipal Officials (IEMO) IS October 27-28, 2023 — Daytona Beach, Florida Recommendation: Authorize any Council Member interested to attend the Florida League of Cities IEMO II in accordance with City Code Section 2-15 which requires prior authorization for reimbursement of travel costs beyond 75 miles. Backparound: The Florida League of Cities provides officials with an intensive academic program that will assist them in effectively meeting the requirements of their elected role. If Auenda Item Reauires Expenditure of Funds: Attachments: FY 2023-2024 - Registration $300; two night hotel approximately $310; mileage and meals approximately $199 FLC Info � � Administrative Services Department Review: City Attorney Review: / City Manager Authorization: Date: 10112 o a 3 / 10 of 185 EVENT DETA�LS Florida League of Cities Institute for Elected Municipal Officials II (Daytona) • Dates: 27 — 28 Oct, 2023 • Time: 8:00 AM to 5:30 PM Location: The Shores Resort & Spa 2637 South Atlantic Ave. Daytona Beach Shores, FL 32118 Hotel Room Rate: $155.00++ Registration Member Rate: $300.00 Registration: Coming soon 11 of 185 Friday 8:00 a.m. — 8:30 a.m. Registration/Light Continental Breakfast 8:30 a.m. — 9:00 a.m. Introductions and Overview 9:00 a.m. —12*00 p.m. Part II: Effective Council Techniques: Decision -Making Models 10:00 a.m. —10:15 a.m. Refreshment Break 12:00 p.m. —1:30 p.m. Working Lunch 1:30 p.m. — 5:00 p.m. Growth Management in Florida 3:00 p.m. — 3:15 p.m. Refreshment Break 5:00 P.M. Class Adjourns Saturday, 730 a.m. — 8:00 a.m. Light Continental Breakfast 8.00 a.m. —12:00 p.m. Advanced Revenue and Finances for Cities 9:30 a.m. — 9:45 a.m. Refreshment Break 12:00 p.m. —1:00 p.m. Working Lunch 1:00 p.m. — 4:00 p.m. Building Your City's Team: Personnel and Labor Issues 2:30 p.m. — 2:45 p.m. Refreshment Break 4:00 p.m. Class Adjourns 12 of 185 area SEBASTLAIN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: August 8, 2023 AGENDA ITEM TITLE: Formal Approval of Employee Group Insurance Policies for the Year Beginning October 1, 2023 RECOMMENDATION: Approve Extension of Employee Group Insurance Policies. BACKGROUND: The City's Insurance Broker, the Gehring Group, will present information supporting renewal of our current providers of employee group insurance policies under the Presentation section of this agenda. This follows negotiations conducted with the current insurance companies on the costs of renewal premiums. The recommendation is for approval to renew the current policies with the Florida Blue Options Program for Health Insurance, Humana for Dental and Vision, and Lincoln Financial for group life insurance, employee assistance program and long term disability. There is an 10.0% increase in the premium for Health Insurance, which is the only increase in costs. There is no increase to premiums for Dental, Vision, or Life Insurance. Staff recommends approval. If Azenda Item Reauires Expenditure of Funds: Total Cost: $1,495,602 Annually (Offset by $237,651 from Employees) Funds to Be Utilized for Appropriation: General, Stormwater, Golf, Airport and Building Funds Attachment: Summary of the Cost of Current Programs as Compared to Negotiated Extension. Administrative Services Departqient Review -.-I City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: 0 3b ,.a � 13 of 185 0 > � a O a u 'n�'n ,V m V LOW zr a Y w CDQ LI L O 4.0 0 a a v% M ON � a W +O+ u 30 a � a0 a � a 4- 0 > a V w a a o a o d o n $ o ❑ a a as p a o p a a a. ra a s m a Z Z Z a Z y o 0 0❑ ¢� as `a `v a`i '@ y Z? Zaj Z L*i io vi C° .L V ra m V m m M a + v m v m iii {/i �/} �, S Z�z 9 e ❑ m m m o m O a � N Q 0 g 0 g o O o O - JLn 3 � il► L1J °C o o w LL m c E in L L- o a Q) o o }❑❑ m a o o ❑ r d r} ❑ 0 0 0 o a� a a m L a aa.. m L L a Cl. a L s L D- a a. 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Y a a > CU > C Ln O C 0 C C Q i L 0 ru o 1 � Q c0 CL) -v L v CL a u ai c n~� m d C w c O C o C — C — C ¢ LIS 00 Qj cn y... � O1-1 Ln N a Z) 'u C c � � C C u p Q1 C C Z y y C c N O Qj L HtLo 0 `C ruul U �O 0000 r'I 0 Cl +h u o o -O tv p c a f9 Ln r a o Ln ar ry '> a @ v E .E D tQ u c m c v C o cu c as u O N O w :Llul y tr ,L" c 'a m � c c M a� 00 u -0 ru CO O N N C L '0 a N � � a, -c a 4 c c v t � cu 0. o LU m C � N � o a cc Q, 7 Ln C C 41 L u C Q O O `n L ra R s- 1 Ll R E � +�'+ av°'i m L V n aJ E 2 4) c to co 4) to [6 0 � o6 Ln L u O co 0 u o C O 6 Q] u L G © 41 c °Ja C ti V rn rn rH !n1 u aJ i w E E m C t � L N �i m oc a d 4J m o* L C >. C41 O � 4 C Q •v� v ru C .o �. 20 of 185 r CRY OF SEBA TIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 Azenda Item Title: Agreement between the City of Sebastian and Sebastian Charter Junior High, Inc. for one (1) School Resource Officer. Recommendation: Staff requests City Council approve the Agreement between the City of Sebastian and Sebastian Charter Junior High, Inc. of Sebastian, Florida for one (1) School Resource Officer. BackEround: The City of Sebastian Police Department has proposed an Agreement between the City and The Sebastian Charter Junior High, Inc. of Sebastian, Florida to provide one (1) School Resource Officer. 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 Azeuda Item Requires Expenditure of Funds: Budgeted Amount: $30,500 Payment from the School Total Cost: Projected cost $30,500 Representing'/2 of School Resource Officer's Pay Funds to Be Utilized for Appropriation: General Fund Attachments: 1. Sebastian Charter Junior High SRO Agreement Administrative Services Department Review: City Attorney Review: .� Procurement Division Review, ifapplicable: N/A City Manager Authorization: Date: �g/q/a 0 a ) 21 of 185 SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN SEBASTIAN CHARTER JUNIOR HIGH, INC. AND THE CITY OF SEBASTIAN THIS AGREEMENT, made and entered into this day of 2023, by and between the SEBASTIAN CHARTER JUNIOR HIGH, INC. located at , Sebastian, FL (hereinafter referred to as the CHARTER SCHOOL, and THE CITY OF SEBASTIAN, 1225 Main Street, Sebastian, FL 32958, (hereinafter referred to as the CITY). WITNESSETH: A. The Charter School and the City desire to provide law enforcement, counseling, and law -related educational service programs to the schools of Indian River County ("District") as defined in Florida Statute § 1006.12. B. The provisions of Florida Statute § 1006.12 require the Charter School and its Principal to assign one or more law enforcement 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 Charter School, the City, the District, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of one (3) years, with the option to renew the Agreement for additional (3) year periods upon mutual agreement of the parties. Successive renewals shall be in additional three year terms, at the option of the parties, until canceled by either party under the terms herein. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the receipt and sufficiency of which is hereby deemed sufficient, the Charter School and the City hereby agree as follows: ARTICLE I The Recitals above are hereby incorporated as true and correct recitals and the terms of such are a hereby made a part of this Agreement. ARTICLE II The School Resource Officer (SRO) Program is hereby in effect with the Sebastian Charter Junior High School of Sebastian, Florida, for an initial term of three years, to include all twelve 22 of 185 months of the year. Successive renewals shall be in additional three year terms, at the option of the parties until canceled by either party under the terms herein. ARTICLE III Rights and Duties of the City The City shall provide the following to School Resource Officers: A. Number of School Resource Officers: The City shall assign one regularly employed SRO to the Sebastian Charter Junior High School. B. Regular Duty Hours of School Resource Officers: The SRO 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 Charter School. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes are: The School Resource Officers shall abide by Charter School policies to the extent that there is no conflict with the law or other policy of the City and its Standard Operating Procedures (SOP's). In the event of conflict, the SRO shall consult with and advise the Charter School of any conflicts between its policies through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency (City) in all matters relating to employment. Activities conducted by the School Resource Officer which are part of the regular instructional program of the school, shall be under the direction of the principal or his/her designee. 2. To perform law enforcement functions within the school setting. 3. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 4. To foster a better understanding of the law enforcement function. 5. To develop positive concepts of law enforcement. 23 of 185 6. To provide information about crime prevention. 7. To provide assistance and support for crime victims identified within the school setting, including abused children. 8. To promote positive relations between students and law enforcement officers. 9. To enhance knowledge of the fundamental concepts and structure of law. 10. 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 attending such event will result in overtime pay for the SRO, the cost of the overtime shall be borne by the Charter School. 11. The SRO shall be made available for conferences with students, parents, and faculty members in order to assist as needed when related to the SRO's assignment at the school. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics to the extent of 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 Charter School all original and any copies of the confidential student information, and shall not retain any confidential student information. As the City will be receiving student information that is otherwise confidential, the City shall fully comply with the requirements of Florida Statutes § 1002.22 and § 1002.221, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by State of Federal law. TO THE EXTENT ALLOWED FOR BY FLORIDA LAW, the City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the Charter School and its officers and employees harmless for the City's own negligence, including, but not limited to defending the Charter School and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the Charter School, or payment of any and all costs, damages, 3 24 of 185 judgments, or losses incurred by or imposed upon the Charter School arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, or a negligent violation of Florida Statutes § 1002.22 or § 1002.221 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. NOTWITHSTANDING, NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED AS AN ADMISSION OF LIABLITY OR A WAIVER BY CITY OF ITS RIGHT TO SOVEREIGN IMMUNITY UNDER FLORIDA LAW AS PROVIDED FOR IN FLORIDA STATUTE §768.28. 11. 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. This activity shall be voluntary on the part of the SRO and any referrals shall not be construed as negligent behavior by the SRO under any circumstance. Any choice to take a referral shall be voluntarily done by the student faculty or staff and not construed as at the direction of the SRO and shall be immune from liability including personal, except those as required by State or Federal law. 12. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimize dangerous situations, to the best of their abilities, which may result from student unrest and emergency situations. 13. 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. 14. The SRO shall take law enforcement action as required by law. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. Additionally, at the request of Principal or Principal's designee, the SRO shall take appropriate law enforcement action against trespassers, intruders and unwanted persons who may appear at the school or related school functions following the City's existing SDP's. Charter School recognizes that the law enforcement duties may extend beyond the boundaries 4 25 of 185 of the school, including but not limited to its curtilage as required by law when relating to a potential criminal matter. 15. The primary function of the SRO is as a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding such 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.). 16. 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. 17. 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 may contact the SRO and the SRO shall then 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. 18. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 19. The SRO will perform duties in City issued uniform. Appropriate civilian clothes may be worn with the approval of the unit supervisor. 20. All law infractions will be reported to the SRO by all school personnel. 21. The SRO will be involved in summer activity including 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 by the Charter School 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 Florida Statute § 1002.221 Federal Regulations 20 U.S.C. 1232g, as amended from time to time, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. 5 26 of 185 ARTICLE IV Rights and Duties of the Charter School The Charter School shall make available 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 minimum materials and equipment. 1. Functioning 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 book shelf. 6. 2 visitor chairs for counseling and interviews. 7. 1 work table. 8. Reasonable office supplies as requested. 9. Phone with local and long distance calling capability. 10. Charter School assigned email address. 11. 1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SRO's 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. 6 27 of 185 ARTICLE V Financing of the School Resource Officer Program A. The Charter School and the City agree to share in the overall costs associated with the School Resource Officer Program. The Charter School agrees to provide for 50% of the salaries and City benefits of the SRO's. 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. 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 VI Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the Charter School. The Charter School and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VII 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 programs: 1. Basic SRO Program. 2. Crisis Intervention Training (CIT). 7 28 of 185 3. The Sebastian Charter Junior High, Inc. 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 Charter School shall not exceed a total of $1,000.00 annually for this conference. ARTICLE VIII Replacement of School Resource Officer; 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 Florida Statute § 1006.12, the Principal shall contact the Chief of Police or Chief s designee with a recommendation that the SRO be removed and replaced, with a report as to the reasons in writing. Upon receipt of such recommendation from the Principal or designee, the Chief of Police and the Principal, 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. 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 designated by City. B. The City may dismiss or reassign an SRO based upon City rules and regulations. C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of a long term absences by an SRO, the City will provide a replacement temporary or permanent SRO. ARTICLE IX SRO Schedule A. SRO's will be assigned to each school designated in Article II from the beginning of the school year to the end of the school year. 29 of 185 B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any overtime duty must be approved by the unit supervisor. C. When extra duty details are required by the Charter School, the parties shall ensure that the details are first filled by SRO's. If a sufficient number of SRO's are unavailable or, if the need for extra duty officers exceeds the number of SRO's, then other police officers or sheriff deputies may be authorized to work the detail. D. SRO's shall also be present for summer school programs as mutually agreed upon by the City and the Principal or their designees. ARTICLE X IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL BOARD'S CUSTODIAN OF RECORDS: Dr. Bill Dodds, 772-388-8838, Bdodds(a,scih.or2, 782 Wave Street, Sebastian, Florida 32958 OR CITY CLERK JEANNETTE WILLIAMS, 1225 MAIN STREET, SEBASTIAN, FL 32958 772-581-0111 OR JWILLIAMS @CITYOFSEBASTIAN. ORG . 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 Charter School acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 2. The City and the Charter School shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the Charter School in order to perform the scope of services. 3. Upon request by the City or the Charter School, 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 Charter School 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 Charter School as indicated below. 9 30 of 185 5. The City and the Charter School shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the Charter School to perform the scope of services. Upon request by the City or Charter School, all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or Charter School. 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 Charter School. If either Party is found to be negligent in their responsibilities by a court of law then it shall bear all responsibility in said actions to include all costs. NOTWITHSTANDING, NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED AS AN ADMISSION OF LIABLITY OR A WAIVER BY CITY OF ITS RIGHT TO SOVEREIGN IMMUNITY UNDER FLORIDA LAW AS PROVIDED FOR IN FLORIDA STATUTE §768.28. ARTICLE XI Termination of Agreement This agreement may be terminated by either party upon a 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 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 Charter School shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XII Good Faith The Charter School, 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 Principal'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 both Parties. 10 31 of 185 ARTICLE X1V Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment unless hereafter made in writing and signed by both Parties. ARTICLE XV Sovereign Immunity Nothing contained in this agreement is intended to serve as an admission of liability nor a waiver of sovereign immunity pursuant to Florida Statute §768.28, or any other governmental immunity by any entity or individual to which such 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. [SIGNATURES TO FOLLOW ON NEXT PAGE] ti 32 of 185 Signed, sealed, and delivered SEBASTIAN CHARTER JUNIOR in the presence of: HIGH, INC. OF SEBASTIAN, FLORIDA D� l/ ✓f �� By: Wi ss Amyle , President of Board of Directors �! /Z 3 Attest: Date Dr. Bill Dodds, Principal ?ll/a3 Date CITY COUNCIL OF THE CITY OF SEBASTIAN Fred Jones, Mayor Witness Date Date 11 33 of 185 arrOF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 Agenda Item Title: Approve the (1) Year Extension to the piggyback agreement with Aquatic Vegetation Control, Inc. until September 30, 2024 and authorize the City Manager to execute all appropriate documents Recommendation: Staff recommends that City Council approve the one (1) year extension of the Aquatic Vegetation Control Inc. contract until September 30, 2024 and authorize the City Manager to execute all appropriate documents. Background: The City of Sebastian currently has Aquatic Vegetation Control, Inc., (AVC) under contract for aquatic vegetation control using ground application services. Their contract, completed through a "piggyback" with South Florida Water Management District expires September 30, 2023, and we are looking to extend it one (1) additional year through September 30, 2024. Invasive exotic and nuisance plants threaten the operation and maintenance of Central Florida projects; and the health and stability of the natural ecosystems of our waterways. Plant species with the highest potential for impacting infrastructure and natural areas are best controlled through an integrated pest management approach using physical, biological, and chemical methods. Services provided will include herbicides to various types of aquatic, wetland, and upland vegetation using ground application equipment and associated support vehicles. Per the Terms and Conditions set forth in the Original Agreement and the "Piggyback" Agreement, the Contractor will continue to follow the City's IPM Plan for Stormwater Conveyance Systems which is currently in place. AVC has performed services for the City in a timely basis as well as given advice for future improvements or alternate methods to combat the impacts of fertilizers and pesticides that flow into the stormwater drainage system. It is recommended that the City Council approve the extension of their contract in order to provide a continuous level of service within our stormwater treatment system. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $67,105 pending approval of the FY2024 budget. Total Cost: Not to exceed $67,105 Funding: Stormwater Utility Fund Attachments: 1. Signed Notice of Intent to Extend Ground Application Services, Contract 4600004255 2. Letter from Aquatic Vegetation Control Regarding Contract Extension 3. South Florida Water Management District Contract 4600004255 Administrative Services Department Review . -I 1��� —1J City Attorney Revie*" ~' OL" t j - Procurement Divisioir-Review, if applicable: City Manager Authorization: Date: 0 J °off 34 of 185 uoeutogn tnveiope w: yat~Ut-tol-sc.etl-4wA-tsAa4-rIUDUt$01-00ca CITY OF SEBAST HOME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 Main Street — Sebastian, Florida 32958 July 14, 2023 Sharon Gillenwalters, AVC President Aquatic Vegetation Control, Inc. 1860 West 104h Street Riviera Beach, Florida 33404 �illcnwalters a avcaquatic.com_ (561) 845-5525, extension 209 SUBJECT: Notice of Intent to Extend Ground Application Services, Contract 4600004M Ms. Gillenwalters: The City of Sebastian would like to extend the existing South Florida Water Management District, Contract #4600004255, for Aquatic Vegetation Control, Ground Application Services for one -(I) additional year. Acceptance of this offer guarantees that all 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 September 29, 2023 through September 30, 2024. Please return the signed Notice of Intent to Extend and an updated Certificate of Insurance to the City via DocuSign by Thursday, July 20, 2023. Should you have any questions, please contact Don Wixon, Procurement/Contracts Manager, at (772) 388-8231, Cell: (772) 696-0117, or dwixon@cityofsebastian.org. We value your association with the City of Sebastian. Sincerely, Procurement/Contracts Manager Check one: Yes — Aquatic Vegetation Control, Inc. will honor pricing and contract terms and conditions from September 29, 2023 through September 30, 2024. ❑ X No — Aquatic Vegetation Control, Inc. will not honor pricing and contract terms and conditions from September 29, 2023 through September 30, 2024D.u319ned by: ❑ 5'M W ,�1�,�,i,k,U/p� M 7/17/2023 1 6:56:13 AM PDT aracar'ReeeeR Sharon Gilienwalters, AVC President Date Brian Benton, Interim City Manager Date Kenneth Killgore, Chief Financial Officer Date Attachment: Engagement Letter from Aquatic Vegetation Control, Inc. to the City of Sebastian 35 of 185 Aquatic Vegetation Control. -Inc. 0% Environmental Management AVC �vw,avcaauatic.com June 16, 2023 City of Sebastian 1225 Main Street Sebastian, FL 32958 ATfN: Don Wixon Dear Mr. Wixon, Riviera Beach, FL Palm City, FL Pembroke Pines, FL Florida City, FL AVC would like to extend our current contract, as a piggyback off our current South Florida Water Management District term contract no. 4600004255, for an additional year at the same terms, conditions, and pricing. The new contract term is September 29, 2023 through September 30, 2024. RATE SCHEDULE Licensed Applicator $68.50 per hour Unlicensed Applicator $63.50 per hour Laborer $30.00 per hour We appreciate your continued business and look forward to un additional year of collaboration. If anything further is needed, please reach out to me at any time. Sincerely, sharovu c i;ULevvwi2Lters Sharon Giilenwalters President 1860 W 10"' Street ' Riviera Beach, FL 33404 . Telephone: 561.845.5525 . 800.327.8745 ' Fax: 561.845.5374 36 of 185 SOUTH FLORIDA WATER MANAGEMENT DISTRICT h < CONTRACT w s THE St U-17I1 FI OMA IYATEIt'<iAIVAt;F,M>wR? This numlier must appear on ell Im'oices and Correspondence DISTRICT (htrelnailer referred to as DISTRICT) IIEREBY Contract�130a©4255 ENTERS INTO THIS CONTRACT WITH: PO 950000 Name: Aquatic Vegetation Control, Inc. Address: 1860 W. 100, street Riviera Beach, FL 33AD4 Project Altinager; Mr. Salvador Medina 'relepbone No: (561) 845-5525 Email: tplsanuc ra ic•,cem Hereimifter referred to as: Contractor PROJECT TITLE: GROUND APPLICATION SERVICES SL1B`HIT I.l VOICES TO THE DISTRICT AT: ttplilVOljCC a.�5r'FWII1d.QOV Include Utilization Rtports with all im+oires and a copy to 1d a�sfivmd&v SBE FARTICIPAMION: ContraMar aammBs to meet Small Business Enterprise goals to be assigned to Work Orders during the course of the con-; :; . oats shall rtol eacecad 25%. The folio-wi`ing it htblts are attached hereto and made a part of this Contraeir Exhibit "A" - Genrral Terms grid Condilion5 Exhibit "G" - Unmrsigned Exhibit "11" - Slaierneitt or Work Exhihit rH' - Insurance Requirements Exhibit"C' - Rai:. Schedule EJ hlbit "I" - Sample Work Ordcr Exhibit "D" - 1lnassigncd Exhlbil ".1" IJnessignc d Fachibil "Er+" - SDE Participation Schedules Erthibii "IC" - Unassigned Bt Iiibfl "VA - SBEUliiizaLion RaportForms ilrtltlhlt"L" - UnatsWwd TOTAL CONTRA (`I AMMOUNT S4D,DDD. -100 CONMACT T TE: Work order Multi -Year Funding (If Applicable) Fiscul Year Oct. 1, 2020_ $epl. 3D, 2D2! S18,000,00D.00* Fi=1 Year: W. 1, 2023 -- Sept, 30- 2024 Fiscal Year: Oct. I, 2021—SqA. 30: 2022 519,060.000,00• Fismi Year Oct. 1.2024 —Sept. 30- 2025 Fiscal Year, (ki. 1. 2022 -- Sept. 30, 2023 $18,OGO.O 0.00' Fi=I Year; `SublerA to District Gererniag Board Annual BlidgelApp. roval CONiRA&:T9RA4- 3 Years EFTECnVE DATE: Oclober 1, 2020 RENBWALkOPTIONS:. 'INvo One -Year Renewal O;,tions DI.901ci Projeaci, Manager. Ellon Allen Telephone No: (561)682-6130 Email: �6i )nlmtr t`t' L j SUBMIT NTOTIC'FS' Tti 74* 1DIVrkt1C1'.jkT: South Floridh Watci Mumpment District Procurrmoni Burcnu 3301 Gun Club Road 'West PRIM Beech, i'lorida 3306 b I1it}OD,Ot10.pb* £18,0009010V District Contract Specialist: Sharman hose Telephone No: (561) 682-2167 Email: rn SUBMIT NOTICES TO THE CONTRACTOR AT: Aquatic Vegetation Conlm)l. Inc. 1860 W. I IPl' Streei Riviera Beat}{, FL 33404 IN WITNESS WHER90F, the authorized repmscnniative hereby executes this Contract on this date, sad accepts aB Terms and Conditions undcr which it is issued, AQUATIC NrEGETATiON CONTROL. INC. r T ' Accepted Iiy: . Signature o Adtborimd Representative Title: T� e Fi C) 5-6.2016 SOUTH FLORIILA 1VA'PER NIARAGEKEN7 DISTRICT BY IT5 acrpled By: I t'µ` Bartletttt,, ecutive DirWor c: itJl led By: Caw Heattr, DincUor AdminiAmlive Services Division tJ OFFICE OF CDUNM APPROVLD As ro li -oA1. FaRm; Y Daft: 9/1512020 MD' • T rREMMIT AYHtovFt) Oatc. 09114f2020 t'Wi I A Did Acccp Date 7 of 25 Z o r- ?- c±� 37 of 185 ""'f SEBAST�AIy HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 AEenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Batista Family Wedding Ceremony at the Sebastian Yacht Club. Backzround: Evelyn Batista is seeking Council approval to serve alcoholic beverages at the Sebastian Yacht Club on Saturday, September 16th, 2023 from 11:30am to 3:30pm. Staff has verified applicant's date of birth. They are expecting 50 or less attendees. If Azenda Item Reauires 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 City Attorney Review: Procurement Division Review, if applicable City Manager Authorization: Date: I a a 13 NIA NIA 1FAI 38 of 185 ont-f SEB,ASTIAN 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 s For emergency purposes ONLY, please dial 772.473.0454' Date: -7131/2--5 ❑ Community Center I Yacht Club Name of Permr ee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address (if different) S i, _t3-_ S/ city State Zip Phone E=-Mail 1 Reason for Rental — Type of Function J J U Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) 9 // (p b_D-�3 /) -, W 0,n 6 3 3 °-P Requested Date Time: From To ' Please answer the following yes or no: 1) Are you a resident of Sebastian?C 5 2) Will there be an admission charge or door charge? r 1�fU 3) Will alcoholic beverages be served? +%� I've If yes, please provide govt. issued ID proof of age0 Date of Birth Verified by 1, , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. .� Signature of A$plicant Revised 112021 39 of 185 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT NameJ5j, 1 45:aq-h 44 g O Cash t! Date 1 .� f���3 R%C,heck# �ot G/ms�50�en-t7 � _ a c�ea�c edd� n q • i � c9j,( 0/; 3., I► 3 o Amount Paid 001001 208001 Sales Tax 6 "So 001001 220000 Security Deposit ;Z.5 b, D O 001501 362100 Taxable Rent /1) 0, VC) 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services wr5gob! ;'Lit 4o&( or Fr i&Lj, q j,�(or ql�s rSe+vrh -I-� 14va � �uv��t by en c10�.J F1T Total Paid—IW6ZD Initials White - Deot. of Orlain - Yellow - Admin. Svcs. - Pink - ADMIcant 40 of 185 c�CM OF SE HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: August 8, 2023 Agenda Item Title: Sustainable Sebastian Action Plan Update Background: The Sustainable Sebastian Initiative was adopted by the Natural Resources Board (NRB) in 2019 with the support of City Council. With only 14 months left of the initial 5-Year Action Plan, staff has worked with the NRB to determine the top actionable priorities that will be addressed through 2024. If AEenda Item Recuuires Exoenditure of Funds: NIA Attachments: 1. NRB Sustainable Sebastian Presentation PowerPoint Administrative Services Departure t Review: City Attorney Review: ; } _ t Procurement Division Review, if applicable: City Manager Authorization: Date: F/ V- -7 0 41 of 185 Sustainable Sebastian Progress Final Stretch of the 5- Year Action Plan offiiio Sustainable Sebastian's 6 Initiatives 1. Support overall reduction in the use of single -use plastics by the City of Sebastian and its business community ... Support landscaping practices that promote a healthy, native ecosystem ... .�. Provide recommendations for City policies and Codes related to Natural Resources. Reducing the City's operational carbon footprint ... Protect and restore the water quality of all our City's water bodies ... Promote the City's overall livability ... 42 of 185 vrcrcv�• FG 7n612023 FG 7/26n023 SUSTAINABLE SEBASTIAN 5-YEAR IMPLEMENTATION PLAN COMPLETED TASKS IWRATWES 5UNIVARY UPDATE IMarporat I kottle refY f..nlaln+[natleed atAweMaw Pit Task 2D 1MOn1, mamyrtAerhta WWtlana eAmpi ted thr.u(h Master Plan 7/16n1 Tazk3A CaordtnatrwXhthe Aqualk Pmewa Propam staffto dit law the FOEP ua addrad NAB Bnaat ld2/8n2 M4aNn` NAB un apktN W amour[! LHl EWn BrgyhtLNTO.tra`h makrials R, I.d dNtrO.16b. by NAB6 Gl&..h ptannld fw E" Qt EW L4n3n2 Task 30 Dau: _n 1.Water ..reach to keep ..+p.l"edt posh, free Pardrlpned ✓n 3C Wahe ww Ffie P In 2Q21 L=22 thraulh the Aquaek Preaarvn Pra/+am iSp./idand Prplaq NaetClue up: SCWCluM 2Q23 TukSA Ut""NABwetaka to porlde lent+ to lrAS lydatmatlon and Malk on C.Reb.rated With I FAS to add LFL pdnclpley and l FAS area w.ri+hapabaaq hetl xeb+llt pnh N NAB Lantltrapbyweb+Naan 21/13n0 UtMls the OF IFAS Edension 011fce outmulM foldws to create rears Stuffed 25Ctats Lap wnh falden for Earth Dry Event Tank SO •karrN.xnn WelmmePaden'andderarmkv meMody ipr /eesm/ 4n4n1.155 addftiIN ifoedm wNeleft at new home+ pacAsu oUtta mars rdldenn due g fe al hip. Coordnalewllh kwl org.Nmht l.+reaten*- dem.wtr CITY Nab demo Arden lnataded an 5n5/19 Talk 51. NaUw Garden installed at Haden Cub Park an 6/2an0 /wden+at CRYauks OF IFATmkmW [Wt pl.l+at mk+kr fib 2022 NATURAL RESOURCES BOARD SUSTAINABLE SEBASTIAN 5,YEAR IMPLEMENTATION PLAN rOMPL.ETEDTASKS INITIATIVES StiMRARY UPDATE Ibyta pERc w. rb ho, du,ft h N eB Men" t. d+cra+ the&.1, M Workyhop NM at 3/3nr0pbn( Task 7A the Cont Von and Cnntal Manaement Ekmenr Further.,, We a+ 2C/6120 mea[5[( Tuk 78 SiaNw rn -Pik as amrhh.p ro am yubme to retaldtaraf for W.r kyh.pnetel t. Cmltted In can+. nanl on a/2012D a+d.+knmw Ne final pW Rrvkwnotly+.ImJHM W rpnW hint On 10715/20 Ta4k TC Staff t o keep NAB la.rrned.l all warkcMp, Comp PNn Wated Camp Plan pr.cn+ kk ked uff en 2/29n9 mMTN[p antl decYmenn Wou(MYS the p10[ts4 Firtal [C adnptinn nn 5123121 A+knttnfeeh.ord MemMn apkJntele to fern on Loth IPM S.* Task eA F b;2/4nCNBB4Aeetir. C.mnYttees 5W; {p/6/2Q NAB MeetYt/ Tpsk aR IYM sub Cc, mttaa p,+ final Pkn+ to No t ar aPRaral befara parks: B/enO NAB Meatin( hrM(In(m CNy Cn.ntp SW:8I3121 NAB meetin/ NATURAL RESOURCES BOARD 43 of 185 vrc.r�vc SUSTAINABLE SEBASTIAN S-YEAR IMPLEMENTATION PLAN COMPLETED TASKS INITIATIVES SUMMARY4 I UPDATE Task IDA I Atrl wnn bNk re7M #atbrn to[Ry Arks and foudaax I 16 prthaFed ldaF kasaYef Wpf ".7/1SR1@12 perks mdpropertles,ircluding City Hth end Ponca DePt T-kllA I I Sbe..en retrrlw Plxsk 6ha u[ldlaechated. asfambled and krmkd arau City by 7/15R1 Totk 174 Woes."h Wall, ManaptMFelohM'R A.r Woetold waxe/ahren ceMu[IedwRh WM to L. Will en[linnWliv R recyck •,r.nn Sue Flak pmmntfon n E/4/20 NRg Maeting Atld lnterm•tion on srMtdand k mtretycleabk to NAB WrbsRe and ppT Slides prevWad eantlnuaNy run on C65N tints T,01211 CGS YvChartrtel 10/19/205 skdef xd krk to lft[SW➢webfRe added tb Nh9W.Initt s9/21/21 F—on er Wefficient chekn Iot Planned—ic. CRY puchaus(1... 12/10/22 Flrtt HYb,W Ind Eledrdc vhlcW ordered for Task 13M1 polka Dept Leery Fleet Fnj,entfv ci a pStatioh at YRhtb�, wirMows,OPkwrP) Chy —po'r d, City Hall Tack 1311 Entuv tMt¢very dr... nti-p, has •re I, cv FCr VW2023 NATURAL RESOURCES BOARD SUSTAINABLE SEBASTIAN S-YEAR IMPLEMENTATION PLAN COMPLETED TASKS INRIATIVES SUMMARY I UPDATE an.rdm rrolm to dt-- Weasor Prragramf lhx— po eneft 5%VWAP'f interporal•d Into the WPM Plan, 7:111, 14A "pit-ntation. espei,akv those utderpubllc ilmdklpelknantl S[ormwatfr OrmeK7l boots at annul F.aM D.y Event. ouveath 1W wabfNe updated 1112/22 LID Commonfrywolkshup 1217121, Astlstrrid— and"Inam wnm to vdntMnd WF, and llD's 1n SFC Program l nfo added to N" DI/u➢Webtfti Task 149 3/4122 Wirtin to the St—atlrF. Credh Prog—(SFCP1.1-1 grochurn anted B maNed to quallF "PMPtny owmf onW7112.StormvrxufeatrW requests due Task lSh .ref hympksthx ore rekward to cwrvx wxn qualNy concern,Mau I P.1-. l#. A.I.--1.11 on 114/27, FDEP Agvtk and list panibl. spenkersfor each ti Pl..-2/M2 Compklunmarkn and Ncaortlhe molt Appl;tabk paclkeflorvu Conan Oay. Dept staff attMdad keel LlO WnhrMC! T.AMA ON into tooRie oft. help to nsessd krWrwasmrmwxnrtwyament 1r1/28R1. LID 6 GI C.—.nY WakOw bald 3717/21 Culled NRg GI11..10 W abtheon S/4/22 Caordlnate whh I.— Smkes ant Slnrmwatn pn OW—h '7 Task 17A Incorpoutka ne WoSW ant Pitb Mall, Ptam Task 1711 vPporlvnrties kesrarca wMi prmadrsrR..lebnal46kard �Nt.hx alaM Appliedfol{rant,ith SW/or ppnmg/llgnye/foungin assknnca maY be avaAabk hnPrwemenv at Tulle Pond on 4/12R2. NATURAL RESOURCES BOARD 44 of 185 Ul Lr L u L- SUSTAINABLE SEBASTIAN SYEAR IMPLEMENTATION PLAN COMPLETED TASKS INITIATNES SUMMARY I UPDATE [xeucnngMunree ruvenRer pun bi�ip wnk�+np SRrmiw/�aIW Evennea S—Ser nuns at Eanh Day 4/19j11 T.atZDA 3xr+n tm kenP�ao�ndewetrxwKOn hhOp.fr VninRn7 aiSiaKi ensm vc7ne/2023 NATURAL RESOURCES BOARD What has been • In Summary .. Initiative I. Sinale-Use Plastic Reduction Cr Bottle Refill Stations Installations 0 Annual Cleanup events Initiative II, Native Landscaoina Native Plantings on City Properties Initiative III. Citv Policies and Codes Comprehensive Plan Adopted in 2021 o IPM Plans for Parks (2020) and Stormwater (2021) Developed Initiative IV. Citv's Operational Carbon Footorint o Bottle Refill Station Installations o Bike Rack Installations o Annual Shredding Recycling Event Hybrid and Electric Vehicles added fo the fleet Recycling bins in every office Initiative V. BMPs. LID, & GI Workshops on Stormwater & LID, and hosted speaker events r Grant Received for Tulip Pond Project Initiative VI. Citv's Overall Livabilitv Scavenger Hunt Markers at Riverview Park 4� of 185 SUPPORT THE OVERALL REDUCTION IN THE USE OF SINGLE -USE PLASTICS BY THE CITY AND ITS BUSINESS COMMUNITY BY ASSISTING AND PROMOTING KEEP INDIAN RIVER BFAUTIFUL'S (KIRB)' AND KEEP BREVARD BEAUTIFUL'S (KBB) LITTERi OUITTER(LOyAND SURFRIDER FOUNDATION'S OCEAN FRIENDLY RESTAURANTS(OFR) PROGRAMS AND THROUGH THE IDENTIFICATION OF ALTERNATIVE PRODUCA SUPPORTLANDSCAPING PRACTICES WHICH PROMOTE A HEALTHY, NATIVE ECOSYSTEM BY ASSISTING AND PROMOTING KIRB'S LAGOON FRIENDLY LAWNS AND UNIVERSITY OF FLORIDA'S (Uf) INSTITUTE OF FOOD AND AGRICULTURAL SERVICES' (WAS) FLORIDA FRIENDLY LANDSCAPE PROGRAMS CREATE COMMUNITYIDUSINESS AWARENESS OF LITTER Ruth GOAL E QUITTER PROGRAM AND CERTIFY LOCAL BUSINESSES Callaghan INCREASE ANDIOR ENCOURAGE THE USE OF GOAL ENVIRONMENTALLY-FRtENDLYPRODUCTS AT CITY HALL. Pencurm*nrd0n0 Jeffrey AS WELL AS AT CITY -SPONSORED EVENTS AND ALL Carrier COMMUNITY EVENTS OCCURING ON CITY PROPERTY EDIDCATE RESIDENTS ON THE EIENEFITS Of Sherlda GOAL, IMPLEMENTING UFI FAS- FLORIDA FRIENDLY PRINCIPALS UF8FA5 IRC OR,- BllimaR O TNEIR LANDSCAPE SET THE EXAMPLE FOR SUSTAINABLE LANDSCAPES GOAL 6 ACROSS CITY PROPERTIES Lel.w Smricea D.PI i PROVIDE ASSIST CITY IN REVISION Of THE TREE PROTECTION ANC RECOMMENDATIONS FOR GOAL B LANDSCAPE ORDINANCES An,rebaimtYThomas Do� CRY POLICIES AND CODES Carranrano RELATED TO NATURAL RESOURCES Vi Ll L V L_ HOME STRETCH of the 5-YEAR IMPLEMENTATION PLAN COLLABORATING NR6 INITIATIVES SUMMARY ENTITY Champion Taek 130 [mm.that .+•ery eftrce and m W hes.ragde can indNidual naoartm.nt, Jeffrey Carder Eddutiors.l outreach of simpl. ways to reduce tads, and nsycl. Tuk i3C Human Resources rammunicated thmWh emall, and signoge in gatheringamn, Task 13D crestr sen-auatl nenla lor[M oft ap...sions Rxriew M• appllrabk Ord+nan[es and tletvmine if chan[n ve needed Community '1'.itik 1G8 I. support and encourage Shess pgcti[es Development Dept Renew G}Map rl the City and determine where there may be an Community Tesk15C oppanDnkywo hancemistinghutnandm ridon,mnnettyreen spacn,.nd lmprove,tarmwaterstorage and treatment ire,$ Development Dept FG7/26RD73 NATURAL RESOURCES BOARD HOME STRETCH of the 5-YEAR IMPLEMENTATION PLAN COLLABORATING NRB TIrTLA7IVES SUMMARY ENTRY Chemplon Conduct w.eh[f biking..dh Soon to delarmtn. any gaps.na Task tDA Lciwre Services Dept, oppertunwes public Works Dept Determhe Rthen are areas which may pose ch,4"n to foot and bike telwm Services Dept, 7asY iB8 troths and why Pubkc Works Dept FG 7f26J2023 NATURAL RESOURCES BOARD 47 of 185 In Summary ... Initiative I. Sinale-Use Plastic Reduction - Championed by Ru,h Calloahan a Jei'frev Card o Reduce single -use plastics in the City's operations o Use what we learn to engage the community Initiative II_ Native Landscapinq - Chnrnpioned bvsheridaKiiman o Add More Native Plantings to City Properties Initiative III. Citv Policies and Codes - Championed bvihomasCarraro o Improve our Tree Protection and Landscaping Ordinances Initiative IV. Citv's Ooerafional Carbon Footorint- Chamoionedbv Donnaworc Jeffrey Canier o Audit our Operations & find areas for resource conservation Initiative V. BMPs. LID. & GI - championed bvNcoieMosbiech o Develop the Green Infrastructure Plan a Assess Applicable Ordinances t,. Initiative VI. Citv's Overall Livability - ChomoianedbvChoriesStadeimon • Conduct a Walk Audit 48 of 185 ary OF SE N .ram HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 APenda Item Title: FDEP FY 2023 Resilient Florida Program Grant #23PLN17 UPDATE Recommendation: Approve FDEP 2023 Resilient Florida Grant Agreement #23PLN17 to conduct a comprehensive Vulnerability Assessment update pursuant to Florida Statute §380.093 and authorize the City Manager to execute all appropriate documents. Background: The City of Sebastian (COS) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) update pursuant to Florida Statute §380.093. The Florida Department of Environmental Protection (FDEP) approved the COS request for assistance in updating the existing Coastal Resiliency Plan in accordance with new technical requirements in order to increase the COS's future funding opportunities with the State. As a part of the grant, the funding will also cover additional work relating to updating our Local Mitigation Strategy (LMS) in accordance with the Stormwater Master Plan recommendations. The State and City staffs have finalized review of the contract (Attached as Exhibit A) and seek approval from Council to proceed with the project. The City has secured the services of an existing continuing consultant firm: Kimley-Horn and Associates, Inc., who assisted the COS in 2018 with the fast grant funded project. On July 27, FDEP sent an updated version of the Grant Agreement approved at the July 26, 2023 CC meeting. The City Attorney has recommended that substantial changes had been made to warrant the agreement to be taken back to Council for their review and approval. Attachment I includes the updated Grant Agreement for Council's review and approval. Attachment 2 includes the July 271h email from FDEP outlining the items substantially changed by FDEP. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: 0 Total Cost: $120,000.00 Funds to Be Utilized for Appropriation: $120,000.00 (FDEP) Attachments: 1. FDEP Contract #23PLN17 2. July 27 h FDEP Grant Agreement Changes Administrative Services Department Review:-1 —mil I City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: YID / � 0 a 3 49 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: City of Sebastian's Coastal Resilience Plan Updates 23PLN17 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of Sebastian Entity Type: Local Government Grantee Address: 1225 Main Street Sebastian, Florida 32958 FEID: 59-6000427 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 9/30/2026 4. Project Number: 23PLN17 Project Location(s): Indian River County (1f different. oin Agreement Number) Project Description: The project will conduct a comprehensive Vulnerability Assessn►ent pursuant to Section 380.093, Florida Statutes, for City of Sebastian. 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ❑ State ZFederal 197-H23 $ 120,000.00 S 120,000.00 ❑ State ❑Federal _ $ ❑ Grantee Match _ $ Total Amount of Funding + Grantee Match, if any: $ 120,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Charles Neuhauser Name: Lisa Frazier or successor or successor Address: Resilient Florida Program Address: City of Sebastian 2600 Blair Stone Road, MS235 1225 Main Street Tallahassee, Florida 32399 Sebastian, Florida 32958 Phone: 850-245-2138 Phone: 772-388-8228 Email: Charles.Neuhauser(a,FloridaDEP.gov Email: LFrazier@CityofSebastian.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: N Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements N Attachment 2: Special Terns and Conditions N Attachment 3: Grant Work Plan N Attachment 4: Public Records Requirements N Attachment 5: Special Audit Requirements N Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) 'Copy available at h s://facts.fldfs.com, in accordance with §215.985, F.S. El Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): El Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form N Exhibit C: Payment Request Summary Forni ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terns and Interest Earned Memo El Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 ® Additional Exhibits (if necessary): E.hihil F: HIM Report rorm. EAW1 Go Phaingr.ph,r Relra.r Form. EAMi 11: C-s—r-1 Sen1— CrnInrollon. E.hlhll l: V-1—W1113 Aw—or Complianrr Ch.0.11.t Cr,11 rallnn DEP Agreement No. 23PLN17 50 of 185 Rev. 6/23/23 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): SLFRP125 Federal Award Date to Department: 2/6/2023 Total Federal Funds Obligated by this Agreement: $120,000 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. City of Sebastian GRANTEE By (Authorized Signature) Date Signed Brian Benton, Interim City Manager Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT VA Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 2 Additional signatures attached on separate page. DEP Agreement No. 23PLN17 51 of 185 Rev. 6/23/23 ORCP Additional Signatures DEP Grant Manager, Charles Neuhauser DEP QC Reviewer, Christina Rouslin Grantee may add additional signatures below, if needed. 52 of 185 ORCP Additional Signatures DEP Grant Manager, Charles Neuhauser DEP QC Reviewer, Christina Rouslin Grantee may add additional signatures below, if needed. 53 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 13 Rev. 7/26/2023 54 of 185 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. i. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. ii. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pavment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. if Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev. 7/26/2023 55 of 185 require additional or further remedial steps, or to terminate this Agreement for failure to perforni. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Pavment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: littys://www.mviloridacfo.com/does-sf/accounting_-and-auditing_-libraries/state- a gencieslreference-guide-for-state-expenditures. pdf. c. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f: State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(111), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. h. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. i. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www. myfloridac fo.com/division/aa/loca l-governments/i udgement-interest-rates. Attachment 1 3of13 Rev. 7/26/2023 56 of 185 k. Refund of Pavments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is reauired to refund the federal government. the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salarv/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be perfonned by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Eouipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Eauipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the Attachment 1 4of13 Rev. 7/26/2023 57 of 185 terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coveraee. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. Attachment 1 5of13 Rev. 7/26/2023 58 of 185 e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. i. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. ii. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. iii. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. iv. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. V. Transition of Services Upon Termination. Expiration. or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; Attachment 1 6 of 13 Rev.7/26/2023 59 of 185 g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. Attachment 1 7 of 13 Rev. 7/26/2023 60 of 185 b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entitv Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; Attachment l 8of13 Rev.7/26/2023 61 of 185 may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: i. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Attachment 1 9of13 Rev. 7/26/2023 62 of 185 Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: httDs://www.et)a.eov/invest/investinE!-america-sip-naf!c. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients arc encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may inunediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the tern of the Agreement. ii. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. iii. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no finds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the tenn of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the tens of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or forni that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflof da.com/l ibrary-arch ives/records-managemenUp-encra I -records -schedules/). 29. Audits. a. hisnector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. Attachment 1 10 of 13 Rev. 7/26/2023 63 of 185 b. Phvsical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement. with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shalt utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httns:llavps. fldfs.comltsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Comminglina of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement. Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the paytnent(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. Attachment l 11 of 13 Rev. 7/26/2023 64 of 185 a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Attachment 1 12 of 13 Rev. 7/26/2023 65 of 185 Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. 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 Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev. 7/26/2023 66 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 23PLN17 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is City of Sebastian's Coastal Resilience Plan Updates. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Projcct. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. N ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 3 Rev. 7/25/2023 67 of 185 Reauired Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liabilitv Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Emplover's Liabilitv Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier— Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. Attachment 2 2 of 3 Rev. 7/25/2023 68 of 185 Documentary Evidence Reauirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 3 of 3 Rev. 7/25/2023 69 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.23PLN17 ATTACHMENT 3 PROJECT TITLE: City of Sebastian Comprehensive Vulnerability Assessment PROJECT LOCATION: The Project is located in City of Sebastian within Indian River County, Florida. PROJECT DESCRIPTION: The City of Sebastian (Grantee) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). TASKS AND DELIVERABLES: Task 1: Acouire Background Data Description: The Grantee will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (l% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: 1.1: A technical report to outline the data compiled and findings of the gap analysis. 1.2: A summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable. 1.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 1 -4, F.S. Task 2: Exuosure Analvsis Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. DEP Agreement No.: 23PLN 17 Pagel of 5 Rev. 6.26.23 70 of 185 Deliverables: The Grantee will provide the following: • 2.1: A draft VA Report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario. • 2.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 3: Sensitivity Analvsis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: • 3.1: An updated draft VA Report that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards. • 3.2: An initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task 4: Identifv Focus Areas Description: The Grantee will identify focus areas following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the Grantee may assign focus areas to locations or assets that are particularly vulnerable and require the development of adaptation strategies. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 4.1: A report summarizing the areas identified as focus areas, with justification for choosing each area. • 4.2: Tables listing each focus area with any critical assets that are contained inside the focus area. • 4.3: Maps illustrating the location of each focus area compared to the location of all critical assets within the geographic extent of the study. • 4.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus areas. Task 5: Final Vulnerabilitv Assessment Report. Maps, and Tables Description: The Grantee will finalize the (VA) report pursuant to the requirements in s. 380.093, F.S. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets DEP Agreement No.: 23PLN 17 Page 2 of 5 Rev. 6.26.23 71 of 185 that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 5.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S. • 5.2: A final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. • 5.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata. • 5.4: A signed Vulnerability Assessment Compliance Checklist Certification. Task 6: Public Presentation Description: The Grantee will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 6.1: Meeting agendas to include location, date, and time of meeting. • 6.2: Meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff). • 6.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable. • 6.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable. • 6.5: A summary report including attendee input and meeting outcomes. Task 7: Local Mitigation Strategy Description: The results of the VA can be used to inform a Local Mitigation Strategy (LMS) as required by the Florida Division of Emergency Management (FDEM). The LMS is usually developed at the county level and serves to reduce the risks associated with natural and man-made disasters, including sea level rise. The Grantee will work with the Local Mitigation Strategy Working Group (LMSWG) to ensure the VA Report is in alignment with the existing county LMS Plan and will be utilized during the planning process of future county LMS Plan updates. Deliverables: Submit a letter to the Department and FDEM Mitigation Bureau Planning Unit, signed by the LMSWG Chair, or Designee, to include the following: • 7.1: Vulnerability Assessment Report will be incorporated as a reference in updating the next iteration of the LMS Plan, i.e., utilized in the next five-year update. DEP Agreement No.: 23PLN 17 Page 3 of 5 Rev. 6.26.23 72 of 185 • 7.2: Vulnerability Assessment Report will be included as an appendix to the next iteration of the LMS Plan. • 7.3: The entity/entities that composed the VA report will be involved with the LMSWG through any of the following: at a minimum, be added to the contact list, attend meetings, participate in the planning process of the next major update; participate in the adoption of the LMS plan; and submit projects to the LMSWG to be included on LMS Prioritized Project List. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any changes) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 23PLN17 Page 4 of 5 Rev. 6.26.23 73 of 185 Task Task Title Budget DEP No. Category Amount 1 Acquire Background Contractual $9,350.00 Data Services 2 Exposure Analysis Contractual $27,730.00 Services 3 Sensitivity Analysis Contractual $33,305.00 Services 4 Identify Focus Areas Contractual $9,720.00 Services Final Vulnerability Contractual 5 Assessment Report, Services $12,630.00 Maps, and Tables 6 Public Presentation Contractual $8,720.00 Services 7 Local Mitigation Contractual $18 545.00 Strategy Services ' Total: $120,000 $ Match Total Task Start Task Due Amount Amount Date Date $0 $9,350.00 6/30/2026 Exe un $0 $27,730.00 Execution on 6/30/2026 $0 $33,305.00 Exe u Upon 6/30/2026 $0 $9,720.00 Upon 6/30/2026 Exe u $0 $12,630.00 Exe un 6/30/2026 $0 $8,720.00 on 6/30/2026 Execution $0 $18,545.00 uti Execonon 6/30/2026 $120,00 DEP Agreement No.: 23PLN 17 Page 5 of 5 Rev. 6.26.23 74 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 1 I9.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by Iaw for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: pub Iic.services(a floridadep.pov. Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of I Rev. 4/27/2018 75 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may he r%rred to as the "Department", 'DEP", "FDEP" or "Gtanior", or other name in the agreement) to the recipient (which ntay be teJerted to as the "Recipient'; "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. lu erk1t CIMIN O In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections. reviews, investigations. or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than S750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 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 recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hyps://sam.gov/content/assistance-listings. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 76 of 185 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. in determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, 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 addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 21597(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 21597, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its 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 non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httvs://aDD5.f1dfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httD://www.lee.StatC.fl.us/Welcome/index.cfm, State of Florida's website at httn://www.mvflorida.conl/, Department of Financial Services' Websitc at httD:l/www.fldfs.coiT/and the Auditor General's Website at htty://www.mvflorida.com/audizenl. PART Ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specie an), additional audit requirements imposed by the State awarcing entity that are solely a matter of that State awarding entity s policy (i.e.. the audit is not required by Federal or State laWS and is not in conflict with Other Federal or State audit requirements). Pinsuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange.fin- audits o f State f inancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agenev must arrangefor fiurding the frill cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART 1 of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200,36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS-Dt P 55-215 revised 11/8/2022 77 of 185 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htto://harvester. census.2ovlfacweb/ 2. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinaleAuditna deu.state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Auditsl342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditoL.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinaleAudit(a),demstate.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of6 BG5-DEP 55-215 revised 11/8/2022 78 of 185 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 11/8/2022 79 of 185 a 0 c 0 ^ ;? C 0 G y c"'J by O O D -fi o� fi w r� o ^ o � � c Q v � � u +r C, o gyp„ ti Ci Q U FYI tn o `e a L C L t`y p O b! O cc fi d C O 7 o aQi � O 4. L O •f-. y � b4 .� .0 b A F-i fi ) S u o, O c, a cr 46, N C 34wCkE Q 000 q CZ 0 Zs cj '� a ca Zs o93° c A F. i � -°'o a c U a o U 13 k. P.4 U U � r a+ a+ °' 5 .yL, R. a0i � conlz .Ly. iw. a �� �� fi is E o L ao as �= ,�; ac Q .0 as �.� dwa o¢ wa a; ywa waLU eY ca 80 of 185 a n °-0 t C3 CL U a U a U q qz P. C • vs U Fi V] cJ ... L .Z96 C O d p O y ro U. O Q Q -fi UlE C E4s a y-TZ 4�] rvif R. V U tom. 'u N Q Q O O f� G C b D O G DU C d N Ci y �S =' Q "� m a o d cfr o ti [i v -4 .t.. LL •C 'Li U . *. — Cq yrz 4+ rw ca to O' 4 Cd 3 � C nj to ° U a I [/] C h �_ O O Q TO t a a 0�° p � C h ar � � 3i •� • Q ¢ � 4 �c a = ❑ � C� g a °u cQ fi c Q ° Q° tr c bD pLq .� •� O En O U U G q a �° $ ac er e :° cci 3 Qj a w w ` R c c y` c 0.0 a .� '� VA •� iii y � 7r C U Tr cr=�a �.+ : i+ �•• F. C G C+ 0 irLi cE+ m a � U� •" y� s�'. C h � Z Z '� Qi '� p y '� qu i Q Q O c7ELv 6d V CJ U �` O r% Y UC .z -fz .. A A y5.� fi-C C °w v V�� L � L � .•C L �?. fs ,� .� q � t, O d zz x ° v •� T •4 L .� U ai � C � m bA bA zi .,• s ¢ Q r a1 G > u Q C a 7 U : >~ � C/]'C. v � V c v 6i 4 ti C Q t -G a'.z Gw L C yr G C ri, Yiw . ccc R • _ � ln. Qu y�vi 4Mwa � a d N U 00 cz C3 U u G m O m 81 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 Sea Level Impact Proiection Studv Reauirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Cade, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published of) the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 3. Attachment 3. Grant Work Plan. Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 4. Copvrieht. Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 6. Funding- Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which can be found on the Department's website at: https://floridadet).g-ov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "Thus work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Proiect Rct>ort. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.9.23 Attachment 6 Page I of 2 82 of 185 8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Gcosraohic Information Svstem (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: httos:l/floridaden.eov/ren/resilient-florida-nroeram/documents/resilient-florida-oroaram-ais-data- standards), and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. Rev. 2.9.23 Attachment 6 Page 2 of 2 83 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. httDs://floridadev.2ov/Resilient-Florida-Program/Grants Exhibit A, Page 1 of 1 Rev. 1 / 17/23 84 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. https: //floridadei3. 2ov/Res i I ient-Florida-Pro cram/Grants Exhibit A, Page l of 1 Rev. 1 /13/2023 85 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. httr)s://floridadel).2ov/Resilient-Florida-Prof ram/Grants Exhibit C, Page 1 of 1 Rev. 12/02/19 86 of 185 EXHIBIT F DEP AGREEMENT NO. 23PLN 17 CITY OF SEBASTIAN'S COASTAL RESILIENCE PLAN UPDATES City of Sebastian Final Project Report r1A p�PaRryF O I Z tiG►vraG pa° � This report is funded in part through a grant agreement from the Florida Department of Environmental Protection, The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 23PLN17 Page 1 6/30/2023 87 of 185 Part I. Executive Summary Part II. Methodology Part III. Outcome Include the. following: 1) evaluation of projects ability to meet goals and expected peg formance measures and provide explanation for ivhy goals were not met, if applicable; 2) identify .successful outcomes, areas for improvement, and quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final project photos, if an implementation construction project. Part IV. Further Recommendations Instructions for completing Exhibit F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 23PLN17 Page 2 6/30/2023 88 of 185 otpAjr f Florida Department of Environmental Protection EXHIBIT G Doti 05'z PHOTOGRAPHER RELEASE FORM "I'M7 0= FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 23PLN1I7 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: f ) Email: License and Indemnification 1 certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.), and 2. Distribution to the media, and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. i hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photoh,ideo/audio/art►vork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G, DEP Agreement #: 23PLN17 11/19/2021 Page 1 of 1 Date: 89 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Seii4ces as an expenditure category. DEP Agreement Number: 23 PLN 17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 90 of 185 STATE OF FLORIDA DEPARTMENT OF ENV iitUiNivijt�iV i AL r1<0 i r.CTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSEN,-) IENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required.jor all planning grant agreements. DEP Agreement Number: 23PLN17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: littps:llfloridadep.gov/rcp/resi1ient-florida-program/documents/resilient-florida-program-gis-data- standards Part 1 — Subparagraph 380.093(3)(c)2., F.S. Page Reference ID Included por Item Check if Item Description in VA Ret (if applicable) Final Vulnerability Assessment Report that provides details on a ❑ the results and conclusions, including illustrations via maps and tables, All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards and} include the followingthree hree (3) items: b 0 Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction, including regionally d ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset Part 2 — Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report ❑ I Peril of Flood Compliance Plan developed that address paragxa_ph 1.63.3178(2)(fl, F.S,, if applicable. Exhibit I I of 3 Rev. 1 / 18/2023 91 of 185 I f ❑ g ❑ h ❑ k m n ❑ Not applicable ❑ Already in compliance Depth of tidal flooding, including future high tide flooding, usirs thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the number of tidal flood days expected for each scenario and planning horizon. (op(ional) Depth of current and future storm surge flooding using publicly available NOAA or FEMA storm surge data. (check one) ❑ NOAA data ❑ FEMA data ❑ Initial storm surge event equals or exceeds current 100-year flood gvent. ❑ Higher frequency storm analyzed for exposure of a critical asset. (optional, but mast provide additional detail ilincluded� To the extent practicable, rainfall -induced flooding was ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item a is not applicable) ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) ❑ IDepth of rainfall -induced flooding for 100-year stonn and 500- year storm event. (required if item: a is not applicable) To the extent practicable, compound flooding or the ❑ combination of tidal, stonn surge, and rainfall -induced flooding. (optional) Part 3 — Subparagraph 380.093(3)(d)3., F.S. Item Check if I D Included 0 ❑ p ❑ q ❑ r ❑ s ❑ Item Description All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must include the 2017 NOAA intermediate -low and intermediate- higi},sea level rise Includes at least two planning horizons, which must include years 2040 and 2070. Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges_ _ Local, publicly available, sea level data was taken from one of the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (if so, provide Department a proval). Exhibit 1 2 of 3 Page Reference in VA Report Rev. 1 / 19/2023 92 of 185 Identify all counties and municipalities that are included in this Vulnerability Assessment: I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Exhibit 1 3 of 3 Print Name Date Rev. l / l 8/2023 93 of 185 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Charles Neuhauser Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 94 of 185 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Charles Neuhauser Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 95 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: City of Sebastian's Coastal Resilience Plan Updates 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Grantee Name: City of Sebastian Grantee Address: 1225 Main Street Sebastian, Florida 32958 3. Agreement Begin Date: Upon Execution 23PLN17 (Department) Entity Type: Local Government FEID: 59-6000427 (Grantee) Date of Expiration: 9/30/2026 4. Project Number: 23PLN17 Project Location(s): Indian River County {If(ifjerend,fvxu Agreement Number) Project Description: The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, for City of Sebastian. 5. Total Amount of Funding: $ 120,000.00 6. Department's Grant Manager Name: Charles Neuhauser Funding Source? ❑ State OFederaI ❑ State ❑FcdcraI ❑ Grantee Match Address: Resilient Florida Program 2600 Blair Stone Road, MS235 Tallahassee, Florida 32399 Phone: 850-245-2138 Award #s or Line Item Appropriations: 197-H23 Total Amount of Funding + Grantee Match, if any: Grantee's Grant Manager Name: Lisa Frazier or successor Address: Citv of Sebastian 1225 Main Street Amount per Source(s):_ $ 120,000.00 $ 120,000.00 Sebastian, Florida 32958 Phone: 772-388-8228 or successor Email: Charles.Neubauser@FloridaDEP.gov Email: LFrazierCCityofSebastian.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 2 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements H Attachment 2: Special Terms and Conditions [i] Attachment 3: Grant Work Plan [i] Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements R Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) "Copy available at litlps://facts.fldfs.com, in accordance with §215.985, F.S. [] Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 0 Exhibit A: Progress Report Forth ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo R Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR 1808 0 Additional Exhibits (if necessary): EAR,11 F: Find ncport Fnrm. EchibiI G: Phologripba nrleate Farm, Echihlt 11: ConiractunI Sen{co Cc" IocaIIon. Ethlhlt I: utncnbiliq AssmutraI Caropllriner Chruhlht ctminntlan DEP Agreement No. 23PLN17 96 of 185 Rev. 6123l23 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): SLFRP125 Federal Award Date to Department: 2/6/2023 Total Federal Funds Obligated by this Agreement: $120,000 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes EN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. City of Sebastian GRANTEE (Authorized Signature) Date Signed Brian Benton, Interim City Manager Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT 0 Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 2 Additional signatures attached on separate page. DEP Agreement No. 23PLN17 97 of 185 Rev. 6/23/23 ORCP Additional Signatures DEP Grant Manager, Charles Neuhauser DEP QC Reviewer, Christina Rouslin Grantee may add additional signatures below, if needed. 98 of 185 ORCP Additional Signatures DEP Grant Manager, Charles Neuhauser DEP QC Reviewer, Christina Rouslin Grantee may add additional signatures below, if needed. 99 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 13 Rev. 7/26/2023 100 of 185 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. i. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. ii. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholdine Pavment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1 % for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of13 Rev. 7/26/2023 101 of 185 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Pavment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: httT)s://www.mvfloridacfo.com/dots-sf/accounting-and-auditing-libraries/state- a sent ies/reference-guide-for-state-exnenditures.ndf. e_ Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. h. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work perfonmed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. i. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www, m,vfloridac fo.com/division/aa/loca 1-governments/i udgement-interest-rates. Attachment 1 3of13 Rev. 7/26/2023 102 of 185 k. Refund of Pavments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Denartment is required to refund the federal government. the Grantee shall refund the Denartment its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salarv/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Eauinment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Eauinment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the Attachment 1 4of13 Rev. 7/26/2023 103 of 185 terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. Attachment 1 5of13 Rev. 7/26/2023 104 of 185 e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. L Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. ii. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. iii. Grantee Oblieations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. iv. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. V. Transition of Services Upon Termination. Expiration. or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; Attachment 1 6of13 Rev. 7/26/2023 105 of 185 g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. if performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. Attachment 1 7of13 Rev. 7/26/2023 106 of 185 b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entitv Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; Attachment 1 8of13 Rev. 7/26/2023 107 of 185 may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: i. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Attachment 1 9of13 Rev. 7/26/2023 108 of 185 Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: httos://www.ena.eov/invest/investine-ainerica-sianap-c. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. ii. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. iii. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the terns of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. Tile Grantee shall comply with sections 11,062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required -by the General Records Schedules maintained by the Florida Department of State (available at: httn://dos. mvflorida. com/l i brar_v-arch ives/records-manaeemenUeenera l-records-schedu less. 29' Audits. a. inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. Attachment 1 10 of 13 Rev. 7/26/2023 109 of 185 b. Phvsical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement. with reasonable notice and during nonnal business hours, including by any of the following methods: L Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Reauirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for deternining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httvs :1lavus. fldfs. comlfsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Comminalin! of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. Attachment I I 1 of 13 Rev.7/26/2023 110 of 185 a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fiilfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Attachment 1 12 of 13 Rev. 7/26/2023 111 of 185 Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. 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 Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev. 7/26/2023 112 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 23PLN17 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is City of Sebastian's Coastal Resilience Plan Updates. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicine. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Cateeory ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 3 Rev. 7/25/2023 113 of 185 Reauired Coveraee. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liabilitv Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and EmDlover's Liabilitv Coveraee. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carver — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. Attachment 2 2of3 Rev. 7/25/2023 114 of 185 Documentary Evidence Reauirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 3 of 3 Rev. 7/25/2023 115 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.23PLN17 ATTACHMENT 3 PROJECT TITLE: City of Sebastian Comprehensive Vulnerability Assessment PROJECT LOCATION: The Project is located in City of Sebastian within Indian River County, Florida. PROJECT DESCRIPTION: The City of Sebastian (Grantee) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). TASKS AND DELIVERABLES: Task 1: Acouire BackLyround Data Description: The Grantee will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)14, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: 1.1: A technical report to outline the data compiled and findings of the gap analysis. 1.2: A summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable. 1.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 3 80.093(2)(a) 1 -4, F.S. Task 2: Exposure Analvsis Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. DEP Agreement No.: 23PLN17 Pagel of 5 Rev. 6.26.23 116 of 185 Deliverables: The Grantee will provide the following: • 2.1: A draft VA Report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario. • 2.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 3: Sensitivity Analvsis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: • 3.1: An updated draft VA Report that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards. • 3.2: An initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task 4: Identifv Focus Areas Description: The Grantee will identify focus areas following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook_ Based on the exposure and sensitivity analyses, the Grantee may assign focus areas to locations or assets that are particularly vulnerable and require the development of adaptation strategies. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 4.1: A report summarizing the areas identified as focus areas, with justification for choosing each area. 4.2: Tables listing each focus area with any critical assets that are contained inside the focus area. 4.3: Maps illustrating the location of each focus area compared to the location of all critical assets within the geographic extent of the study. 4.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus areas. Task 5: Final Vulnerabilitv Assessment Report. Mans, and Tables Description: The Grantee will finalize the (VA) report pursuant to the requirements in s. 380.093, F.S. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets DEP Agreement No.: 23PLN 17 Page 2 of 5 Rev. 6.26.23 117 of 185 that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 5.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S. • 5.2: A final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. • 5.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata. • 5.4: A signed Vulnerability Assessment Compliance Checklist Certification. Task 6: Public Presentation Description: The Grantee will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 6.1: Meeting agendas to include location, date, and time of meeting. • 6.2: Meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff). • 6.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable. • 6.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable. • 6.5: A summary report including attendee input and meeting outcomes. Task 7: Local Mitigation Strategy Description: The results of the VA can be used to inform a Local Mitigation Strategy (LMS) as required by the Florida Division of Emergency Management (FDEM). The LMS is usually developed at the county level and serves to reduce the risks associated with natural and man-made disasters, including sea level rise. The Grantee will work with the Local Mitigation Strategy Working Group (LMSWG) to ensure the VA Report is in alignment with the existing county LMS Plan and will be utilized during the planning process of future county LMS Plan updates. Deliverables: Submit a letter to the Department and FDEM Mitigation Bureau Planning Unit, signed by the LMSWG Chair, or Designee, to include the following: • 7.1: Vulnerability Assessment Report will be incorporated as a reference in updating the next iteration of the LMS Plan, i.e., utilized in the next five-year update. DEP Agreement No.: 23PLN17 Page 3 of 5 Rev. 6.26.23 118 of 185 0 7.2: Vulnerability Assessment Report will be included as an appendix to the next iteration of the LMS Plan. 0 7.3: The entity/entities that composed the VA report will be involved with the LMSWG through any of the following: at a minimum, be added to the contact list, attend meetings, participate in the planning process of the next major update; participate in the adoption of the LMS plan; and submit projects to the LMSWG to be included on LMS Prioritized Project List. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 23PLN17 Page 4 of 5 Rev. 6.26.23 119 of 185 Task Task Title Budget DEP No. Category Amount I Acquire Background Contractual $9,350.00 Data Services 2 Exposure Analysis Contractual $27,730.00 Services 3 Sensitivity Analysis Contractual $33,305.00 Services 4 Identify Focus Areas Contractual $9,720.00 Services Final Vulnerability Contractual 5 Assessment Report, Services $12,630.00 Maps, and Tables 6 Public Presentation Contractual $8,720.00 Services 7 Local Mitigation Contractual $18,545.00 Strategy Services Total: $ 120,000 $ Match Total Task Start Task Due Amount Amount Date Date $0 $9,350.00 6/30/2026 Exe un $0 $27,730.00 Execution on 6/30/2026 $0 $33,305.00 Execution on 6/30/2026 $0 $9,720.00 on 6/30/2026 Execution $0 $12,630.00 Exe u Upon 6/30/2026 $0 $8,720.00 on 6/30/2026 Execution $0 $18,545.00 Exe u Upon 6/30/2026 $ 120,00 DEP Agreement No.: 23PLN17 Page 5 of 5 Rev. 6.26.23 120 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a forniat specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(a floridadeD.aov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev, 4/27/2018 121 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which „:ay he referred to as the "Department", "DEP", "FDEP" or "Grantor", or other naine in the agreement) to the recipient (which nra)p be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. in determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditec responsibilities as provided in 2 CFR 200.508-512, A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 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 recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httl)s://sam.gov/content/assistance-listiiigs. Attachment 5 1 of 6 BGS-DEP 55-215 revised 1118/202.2 122 of 185 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient most have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, 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 addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 21597(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than S750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and therealer), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its 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 non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httns://aDDs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at littT)://www.lc2,state.fl.usfWcicome/index.cfm, State of Florida's website at httD://www.mvflorida.com/, Department of Financial Services' Website at httD://www.fldfs.com/and the Auditor General's Website at htti)://www.mvflorida.com/audsen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's police, (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes. State agencies may conduct or arrange, for audits o f State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. lit such an event, the State awarding agency must arrange.for funding the f ill cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR y200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS-DEP 55-215 revised 11/8/2022 123 of 185 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at httpa/harvester, census.jzov/facweb/ 2. Copies of financial reporting packages required by PART Il of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS ineleAud it(a4dea.state. fl. us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 1 1 1 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httn://flauditor.eov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin aleAuditCa)den.state. fl. us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S„ and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised 11/8/2022 124 of 185 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 11/8/2022 125 of 185 126 °f 1$5 1:6 U A U ss.0 Q v U T ¢ 4 ¢ ¢ 0, y o U cy p •• y y y iy En cd zu c c c e u E c p �, E E E E p Q y 0y a E CVJ N cm ti cc U fi w �%•� G G � cd � "t1 .fi 4 ^ri O m t� a O W p h � O M O � � � 41 t•} C.y. a� 1. V V w V TA c e o Q v R ¢ o 2 a u (i cn y° v `� Z. 3 -1Z 1 6 O u ? C O U O sy U ••p C C " E G4 r •^ �, m Z 41 !)tu to p G v �' G k. f-t1 •� a w E Q e EwoUc� d` U U t4 Qi cGi fi Z Z ` L'i Y Y y Ct Q CN cv fi �, O c tr 3 U' o 0� y r� C w ti +�+ Q d y 0 y u U u C E O ..� •� y, A A p aY.. '� ro �' W 6 c' cq u u v ^ w R Cz Ci N c a m a .a a fi y 'Q R Z CL C C C: to U Gf .�, •Q Cs oa � T cui CVC yLa ti CIO C L ci Q a d o -o a o C O u 1, ft O cl O Z G 0vi «+ U G rz •`� to > E E U M C r G L C4 L $�.r r`r, y4„ Vi L V} L cf.Z� w Z cG •riJ V G U C 'C r/J C V) C Ya ^" ZL°1, - ° LLOI n,E 0 m cd m V U tl tl 127 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 1. Sea Level Impact Projection Studv Reauirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence, This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. 2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved pen -nits for the project. 3. Attachment 3, Grant Work Plan. Performance Measures. All deliverablcs and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 4. CODvriaht. Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes; a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 6. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which can be found on the Department's website at; https://floridadeo.eov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Proieet Renort. The Grantee must submit Exhibit F, Final Project Report Fomi, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.9.23 Attachment 6 Page I of 2 128 of 185 Proiect Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit 1, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Geoeranhic Information Svstem (GIS) files and associated mctadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: httt)s://floridadet).P-ov/ren/resilient-florida-prop.ram/documents/resilient-florida-program-ais-data- standards), and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. Rev. 2.9.23 Attachment G Page 2 of 2 129 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. httus: //floridadet). 2ov/Resi lient-Florida-Proizram/Grants Exhibit A, Page 1 of 1 Rev. 1 /17/23 130 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. httDs://floridadet).gov/Resilient-Florida-Program/Grants Exhibit A, Page I of 1 Rev. I l 3/2023 131 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. httus:Hfloridadet).gov/Resilient-Florida-Pro,aram/Grants Exhibit C, Page 1 of I Rev. 12/02/19 132 of 185 EXIIIBIT F DEP AGREEMENT NO.23PLN17 CITY OF SEDASTIAN'S COASTAL RESILIENCE PLAN UPDATES City of Sebastian Final Project Report 1 This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 23PLNI7 Page I 6/30/2023 133 of 185 Part I. Executive Summary Part II. Methodology Part Ill. Outcome Include the. following: 1) evaluation of project '.s ability to meet goals and expected petfor7mance measures and provide explanation for why goals were not niet, if applicable; 2) identify successful outcomes, areas.for improvement, and quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final project photos, if an implementation construction project. Part IV. Further Recommendations Instructions for completing Exhibit F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 23PLN17 Page 2 6/30/2023 134 of 185 °* �[YARTA,f Florida Department of Environmental Protection o R'r EXHIBIT G Z 0 a4; PHOTOGRAPHER RELEASE FORM MFNTAI Ya FOR PHOTOGRAPHS. VIDEOS. AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 23PLN17 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( } Email: License and Indemnification I certify that T am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (IS) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Dcoartment of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. 1 have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission 11/19/2021 Exhibit G, DEP Agreement #: 23PLN17 Page I of 1 135 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 23PLN17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 136 of 185 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESiLmN i FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE uni;l;"In, i I;LxTIFICATION Exhibit I Required fir all planning grant agreements. DEP Agreement Number: 23PLN 1 7 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and infonnation are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: https://fl oridadep.gov/rcp/resilient-florida-program/documents/res i tient-florida-program-gis-data- standards Part 1 — Subparagraph 380.093(3)(c)2., F.S. Page Reference Item Check if ID I Included Item Description in VA Report .. ... Final Vulnerability Assessment Report that provides details on ❑ the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the D,,r .a., :d , �nt's GIS Data Standards and include the followingthree (3) items: b I ❑ Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction, including regionally d ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and mq,!5 identify which flood §cenario(s) impacjs each asset Part 2 — Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) El Peril of Flood Compliance Plan amendments developed that e address paragraph 163.3178(2)(f), F.S., if applicable. Exhibit I I of 3 Rev. 1/18/2023 137 of 185 ❑ Not applicable ❑ Already in compliance f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the g ❑ number of tidal flood days expected for each scenario and planning horizon. (optional) Depth of current and future storm surge flooding using publicly h ❑ available NOAA or FEMA storm surge data. (check one) ❑ NOAA data ❑ FEMA data i ❑ Initial storm surge event equals or exceeds current 100-year flood event. ❑ Higher frequency storm analyzed for exposure of a critical asset. (optional, but mpst provide additional detail ifincluded) To the extent practicable, rainfall -induced flooding was k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if` item a is not applicable) 1 ❑ Future boundary conditions have been modified to sea level rise and high tide conditions. (optimal) in ❑ Depth of rainfall -induced flooding for 100-year storm and 500- year storm event. (re etq fired if item a is not applicable) To the extent practicable, compound flooding or the n ❑ combination of tidal, storm surge, and rainfall -induced flooding. (optional) Part 3 — Subparagraph 380.093(3)(d)3., F.S. Page Reference Item Check if ID included Item Description in VA Report ,.,. .. .. . O ❑ All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must p ❑ include the 2017 NOAA intermediate -law and intermediate - high sea level rise projections. ❑ Includes at least two planning horizons, which must include q r�V)s 2040 and 2070. r ❑ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. Local, publicly available, sea level data was taken from one of s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level ff so, provide Department approval). Exhibit 1 2 of 3 Rev. 1 / 18/2023 138 of 185 Identify all counties and municipalities that are included in this Vulnerability Assessment: I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Exhibit 1 3 of 3 Print Name Date Rev. 1 / 18/2023 139 of 185 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Charles Neuhauser Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 140 of 185 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Charles Neuhauser Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 141 of 185 Lisa Frazier From: Lisa Frazier Sent: Wednesday, August 2, 2023 1:33 PM To: Lisa Frazier Subject: FW: 23PLN17-City of Sebastian's Coastal Resilience Plan Updates -For Execution Attachments: 23PLN17-City of Sebastian's Coastal Resilience Plan Updates -For Execution (2).pdf Importance: High ATTACHMENT 2 From: Neuhauser, Charles [mailto;Charles. Neu hauser`5 NoridaDER gov) Sent: Thursday, July 27, 2023 3:25 PM To: Lisa Frazier; Kenneth Killgore; Brian Benton; Jennifer Cockcroft Subject: 23PLN17-City of Sebastian's Coastal Resilience Plan Updates -For Execution Importance: High CAUTION: This email originated from OUTSIDE our -email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Good afternoon, Recently, our Program sent a Grant Agreement to you 23PLN17-City of Sebastian's Coastal Resilience Plan Updates -For Execution that was signed by your City and returned to our Department. Our Program has since made updates to various attachments found within the document. Prior to completing final execution, we would like to update these attachments and have outlined the changes below. The remainder of this newly updated Agreement (attached) is unchanged from the previously sent version. Please approve these changes and return the updated agreement package with your signature(s). Please contact your Grant Manager if you have any questions or if this update is forecasted to incur significant delays. • Attachment 0, Standard Grant Agreement Form o "In Witness Whereof "sentence on Page 2 updated to reflect the Agreement Begin Date will be the Grant's start date. • Attachment 1, Standard Terms and Conditions -- updates to the links in 8(d) and 80) • Attachment 3, Grant Work Plan o Formatting of the deliverables updated into billet point format. Content remained the same. o Performance Measures language updated to define partial, full, incomplete deliverables and remove Exhibit A, Progress Report Form being accepted as an interim deliverable. o Payment Request Schedule language updated to remove acceptance interim payments. • Exhibit F, Final Report o Minor language edits made so the Department could combine the planning and implementation version of the templates. • Exhibit J, Common Carrier Attestation o This Exhibit is now required for the Grant Agreement and the Exhibit needsto be sent back to the Department after execution. Please return this form within thirt,,, (301 days followinr3 full execution. Thanks, 142 of 185 ES CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 Agenda Item Title: Approval of Ordinance 0-23-08, Chapter 110 Waterways Recommendation: It is recommended that the City Council approve Ordinance 0-23-08 on first reading and set Public Hearing for September 13, 2023 Background: The City of Sebastian has applied for a grant from Florida Inland Navigation District (FIND) to modify the Twin Piers into a Marine Law Enforcement facility. In accordance with the FIND requirements, all permits must be secured by September 18, 2023 in order to be in compliance with the grant request. The COS Code of Ordinance Chapter 110 addresses Waterways and in particular the time period of mooring of vessels to municipal docks and piers (Sec. 110-44). Staff has modified this section in order to be in compliance with the proposed facility but to also bring the entire code into compliance with local regulations and State statutes. If Agenda Item Reouires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: Ordinance 0-23-08, Chapter 110 Waterways with Legislative Changes Ordinance 0-23-08, Chapter 110 Waterways Final Version Administrative Services Department Review: ( 6 X^L''1j, i — City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: f�/3aa3 ORDINANCE 0-23-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to allow the location and operation of a Marine Law Enforcement facility in the City; and WHEREAS, the City Council has determined that existing City facilities are appropriate to serve the requested purpose for permanent housing of Marine Law Enforcement vessels at the Twin Piers Municipal docks; and WHEREAS, the City Council has determined that amendments are required to the City of Sebastian Code of Ordinances in order to accommodate this facility; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian, Florida, as follows: Section 1. Legislative and Administrative Findings. The recitals set forth above in the "Whereas Clauses" are hereby adopted as legislative findings of the City Council of the City of Sebastian. Section 2. Revisions to the City of Sebastian Code of Ordinances, Chapter 110. Chapter 1 l0 of the City of Sebastian Code of Ordinances is revised and amended to read as follows: Chapter 110 WATERWAYS' ARTICLE 1. IN GENERAL Sec. 110-1. Authority of city to regulate waterways. The city shall have the right to regulate the use of all waterways within the city limits and the conduct of all persons using such waterways, not in conflict with federal or state regulations. All ordinances of the city regulating the conduct of persons on land shall also apply to persons using waterways, insofar as such ordinances are applicable. (Code 1980, § 6-3) State law referenceisI — F.S. 327.60 Sec. 110-2. Penalty for violations of chapter. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as provided in section 1-10 of this Code. (Code 1980, § 6-15) Sec. 110-3. Authoritv to make safetv inspections. No officer shall board anv vessel to make a safety inspection if the owner or operator is not aboard. unless the officer reasona blv believes that such vessel has been abandoned. When the owner or ooerator is aboard. an officer may board a vessel with consent or when he has orobahle cause or knowled¢e to helieve that a violation of a provision of this chanter or state law has occurred or Is occurrine. Secs. 110-4-110-30. Reserved ARTICLE II. WATERCRAFTr Sec. 110.31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat or vessel means and includes every description of self-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used in this article, the terms "boat" and "vessel' are synonymous with the term "watercraft." Boot lift. A boat lift is a structure used for storine boats on or above the water. which may extend from a ..-{ Formatted: Font: 11 pt seawall. the shore or a dock over the water. Boat lifts shall be considered a boat moorin¢ space. Boot moorin¢ sooce. A boat moorin¢ space is anv place where a boat is moored. A covered boat moorin¢ soave is a structure constructed over the water used for the coverin¢ or shelterine of boats. The 'Cross reference(s)—Traffic and vehicles, ch. 98. State law reference(s)—Vessel registration and safety, F.S. ch. 327. structure may extend from a seawall. dock or the shore over the water. A covered boat mooring soace has only a roof. with no walls or Floor. Commercial boat means and includes any watercraft used, maintained or operated for profit. Commercial fishing boat means and includes any watercraft engaged in fishing whereby fish caught are sold for profit, either by the owner, operator or other person. Commercial marina means a licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, Including minor servicing and repair to boats while in or out of the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat -related services are rendered shall not be considered marinas. Commercial vessel means a vessel used as a place of business or a orofessional or other commercial enterprise. and does not include anv commercial fishing vessel as defined in F.S. § 327.02. Floatino structure means a Floating entitv. with or without accommodations built thereon. which is not primarily used as a means of transoortation on water but which serves Durooses including. but not limited to, a residence. Dlace of business or office with oublic access, a hotel or motel, a restaurant or lounge, a clubhouse, a meeting facility. a storage or narking facilitv. a mining olatform. a dredge or draeline. Incidental movement upon water or resting partially or entirelv on the bottom of a waterbodv does not preclude such an entitv from classification as a Floating structure. F4996ng home means aRy waterlagme StFUctufe designed fGF ai: used PF WN ly as a dwelling which either Live -aboard vessel means: Ill A vessel used solely as a residence and not for navigation: (2) A vessel for which a declaration of domicile has been filed oursuant to F.S. § 222.17; or 131 A vessel used as a residence that does not have an effective means of orooulsion for safe navigation. A commercial fishing vessel is exoressly excluded from the term "live -aboard vessel." Marina. A place for docking oleasure boats or orovidine services to pleasure boats and the occupants thereof. including servicing and repair to boats. sale of fuel and suoolies, and Drovislon of food. beverages, and entertainment as accessory uses. A vacht club shall be considered as a marina. but a hotel. motel, or similar use,. where docking of boats and provision of services thereto. is incidental to other activities shall not be considered a marina. nor boat docks accessory to a multiple dwelling where no boat -related services are rendered. Marine facilities. Marine facilities are docks. oiers. launch. marine pavilions. marine platforms. boat lifts. covered boat mooring soaces and similar facilities. Moor means to secure a vessel or boat by line, cable or other device to any boat slip, dock, pier, wharf, dockage space or docking facility in such manner as to assure the security of such vessel. Fueling stops are not included in this definition. Municipal docks means any bulkheads, walls, docks, approaches and appurtenances which the city owns or may construct from time to time on property owned or acquired for that purpose. Private watercraft means and includes any boat or vessel used for pleasure by the owner or others, where no charge is made for fishing or riding upon such vessel. Short-term berths means any boat slips, piers, docks, wharves or other dockage spaces or facilities designated at the municipal docks for the mooring of a boat fora period not to exceed 12 continuous hours. Sightseeing boot means and includes any watercraft engaged in transporting the public for hire on waterways within the city limits for sightseeing purposes. .Woters of the city includes all rivers. lakes. streams. ponds and canals within the territorial limits of the city and under its jurisdiction. except the Florida Intracoastal Waterway. as described in F.S. 6 327.02. as amended from time to time. (Code 1980, § 6-1) Sec. 110-32. Compliance with chapter For the protection of property owners, the general public, and owners and operators of watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or anchored at any place in the lakes, canals, rivers, bays or waters within the corporate limits of city and the owners, operators or occupants thereof, shall be governed by and observe the provisions of this chapter. (Code 1980, § 6-2) Sec. 110-33. Evidence of Identity of violator. In any prosecution charging a violation of any provision of this chapter governing the operation, mooring, docking or anchoring of watercraft, proof that the particular watercraft described in the citation or summons was violating a provision of this chapter, together with proof that the operator thereof was not present at the time a violation was observed, or was present and did not identify himself as the operator, or denied that he was the operator, the person in whose name such watercraft is registered shall be held prima facie responsible for such violation. (Code 1980, § 6-4) Sec.110.34. Recognition of federal rules and regulations. All operators of watercraft are hereby charged with knowledge of and compliance with all enacted or amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other federal agencies governing boats, docks, or waterways. (Code 1980, § 6.5) Sec. 11035. Compliance with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environmental Protection as protected areas for wildlife and plant life in the submerged lands. (Code 1980, § 6-6; Ord. No. 0-01-13, § 2, 7-11-01) Sec. 110.36. Speed restrictions; water activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow -down minimum wake" as defined by Florida law, at all times such boat is within one hundred fifty (150) feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is three hundred (300) feet or less. (b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within three hundred (300) feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any bay estuary, canal or lake within the corporate limits of the city. (c) Except for vessels performing a governmental function, boats powered by an internal combustion engine may not operate upon local waterways, canals and lakes within the city limits of Sebastian, however, the Sebastian River and the Indian River Lagoon are excluded from this restriction. (Code 1980, § 6-8; Ord. No. 0-01-13, § 3, 7-11-01) Sec. 130-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation of the nuisance provisions of this Code. (Code 1980, § 6-10; Ord. No. 0-01-13, § 4, 7-11-01) Cross reference(s)—Nuisances, ch. 66. Sec. 110-38. Health and sanitation rules; disorderly conduct, etc. All persons on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. All watercraft utilizing the waters of the city shall be maintained in a seaworthy condition, except when in a permitted repair area. (Code 1980, § 6-9; Ord. No. 0-01-13, § 5, 7-11-01) Cross reference(s)—Health and sanitation, ch. 50. Sec. 110-39. Trash disposal. All trash, garbage and other debris accumulated aboard any watercraft moored or docked in the city limits shall be removed from the watercraft and disposed of on land in a proper receptacle to dispose of the items. (a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown, any waste material, refuse. trash Petroleum Product. Sr other debris into any waterway of the city. (b) No one shall throw, drop or leave fish garbage, trash, refuse, bait or other debris on any dock wall oak Parkway or other Premises within the city except in Proper receptacles Provided for such trash or debris. W It shall further be unlawful to dispose of refuse on the bank of any navigable water or tributary or storm drainage facility where the same shall be liable to flow or be washed into such navigable water by either ordinary or high tide or by ctnrmc of finnds nr ntharwise. (Code 1980, § 6-11(o) Cross referencelsl—Health and sanitation. ch 50-nuisances ch. 66' solid waste. ch. 96. r.__-_f_-__-_(s) Solid..._-._ -w ac (Codes reams§ 6 11(b)) Cross FefeFeRee(s) Solid waste, eh. 96 State law reference(s)—Littering, F.S. § 403.413. Sec. 110-40. Equipment for excrement, waste, refuse No person shall use or maintain living quarters on any motorboat, yacht, houseboat, floating home or any other type of watercraft on any of the waters within the city limits, unless such motorboat, yacht, houseboat, or other watercraft shall be equipped with a holding tank and/or chlorinator -macerater macerator or other equipment sufficient for the purpose of containing all excrement, waste and refuse from such craft, and such wastes shall be disposed of In accordance with the rules and regulations established for the disposal of such wastes, but in no event shall any part thereof be released Into any of the waters within the city. (Code 1980, § 6-12) Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; utilities, ch. 102. Sec.110-41. R-wi,vPd_. Live -aboard vessels and floatine structures prohibited. lal Except as orovided in subsection (b) of this section. live -aboard vessels and floating structures as defined in section 14-2 of this chanter are orohibited from anchoring or mooring in the waters of the city: and no owner of anv marina. marine facility. dock. pier or dockage facility of anv Noe shall allow anv tvoe of live - aboard vessel or floating structure to be moored in such facility and allow persons to reside or dwell in such vessel or floating structure. (b) The orohibition set forth in suboaraeraoh laI does not aooly to: (1) Commercial fishing vessels as defined in F.S. 4 327.02: (2) Marinas with oumo-out facilities permitted to have live -aboard vessels under zoning ordinances in existence prior to 2005; f31 Mooring fields constructed. permitted and operated in accordance with the rules established by the Florida Department of Environmental Regulation. whose Mooring Field Management Plan specifically allows the moorine of live -aboard vessels and Floating structures in accordance with written agreements between the owners of the vessels or structures and the owner/operator of the mooring fold (4) Dredges and associated stows and eouloment actively eneaeed in dredging ooerations in the waters of the city. or other similar construction or demolition platforms and equipment oerforming work under a permit or license granted by an aoorooriate governmental bodv or agencv. State law reference— Marine sanitation reauirements. F.S. 4 327.53. Editor's note(s)—Ord. No. 0-03-13, § 6, adopted July 11, 2001, amended § 110-41, which pertained to the repair of watercraft The former section has been moved to § 54-2-7.8(b) of the Sebastian land Development Code. Sec. 110-42. Reserved. Editor's note(s)—Ord. No. 0-01-13, § 7, adopted July 11, 2001, amended § 110-42, which pertained to the use of watercraft as a place of business. See Code Comparative Table. Sec. 110-43. Moorine. beachine or olacine of watercraft: where orohibited (a) No vessel or watercraft of any kind whatsoever shall moor to or tie uo to a oublic or orivate seawall or dock or be beached upon public or private orooertv within the city limits without the permission of the orooertv owner thereof. exceot in an emereencv where necessary to orevent harm to persons or property. fbl No boat or watercraft shall be moored. abandoned. sunk or otherwise placed in such a manner as to impede. restrict or otherwise interfere with the use of private or oublic docks. launchin¢ ramps or other waterfront facilities exceot in an emereencv where necessary to prevent harm to persons or property: however. in the case of an emereencv as described in this section. such boat or vessel must be removed within 24 hours of the time said emereencv has subsided. Any such craft in violation of this section may. upon reauest of the owner of the public or private seawall. dock, or orooertv. or his aeent. be subiect to removal or imooundment. (c) Any boat. vessel or other watercraft which. due to fire. exclusion. accident. act of God or other disaster. or abandonment which constitutes a daneer to life or orooertv. or a hazard to navi¢ation. shall be subject to removal or imooundment in the manner orovided by state law. (a)(d) Any other wrecked or derelict boat havine no value other than nominal salvaee value. if any, which has been left abandoned and unorotected from the elements is to be disoosed of as provided by state law. State Law reference— Abandoned oropertv. F.S. 6 705.101 et sea.: abandoned vessels. F.S. 6 823.11: 18-21.012 Sooil Islands F.S. tthe PeFFAiW911 Of the A FthPFAOf (Code 1980, § 6-13) Sec. 11044. Period of mooring to municipal docks and piers. (at No boat shall moor or tie m to any municipal docks. launchin¢ ramps or fishing piers Owned by the city exceeding a one -hour limit, within a twenty -four-hour period. At no time shall a boat or watercraft impede or interfere with the use of the oublic facilities exceot In the case of an emereencv described in Sec. 110-43. Ibl Boats or watercraft may utilize oublic day slips within the city limits for a period not to exceed 24 hours. Id Government and law enforcement vessels are exempt from this section of the code of ordinances. (Code 1980, § 6-13.1; Ord. No. 0-00-14, § 1, 6-14-00) Cross reference(s)—Streets, sidewalks and other public places, Ch. 90. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice -Mayor Christopher Nunn Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2023. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Fred Jones, Mayor Jeanette Williams, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq. City Attorney ORDINANCE 0-23-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to allow the location and operation of a Marine Law Enforcement facility in the City; and WHEREAS, the City Council has determined that existing City facilities are appropriate to serve the requested purpose for permanent housing of Marine Law Enforcement vessels at the Twin Piers Municipal docks; and WHEREAS, the City Council has determined that amendments are required to the City of Sebastian Code of Ordinances in order to accommodate this facility; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian, Florida, as follows: Section 1. Legislative and Administrative Findings. The recitals set forth above in the "Whereas Clauses" are hereby adopted as legislative findings of the City Council of the City of Sebastian. Section 2. Revisions to the City of Sebastian Code of Ordinances, Chapter 110. Chapter 110 of the City of Sebastian Code of Ordinances is revised and amended to read as follows: Chapter 110 WATERWAYS' ARTICLE I. IN GENERAL Sec.110-1. Authority of city to regulate waterways. The city shall have the right to regulate the use of all waterways within the city limits and the conduct of all persons using such waterways, not in conflict with federal or state regulations. All ordinances of the city regulating the conduct of persons on land shall also apply to persons using waterways, insofar as such ordinances are applicable. (Code 1980, § 6-3) State law reference(s) — F.S. 327.60 144 of 185 Sec.110-2. Penalty for violations of chapter. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as provided in section 1-10 of this Code. (Code 1980, § 6-15) Sec.110-3. Authority to make safety inspections. No officer shall board any vessel to make a safety inspection if the owner or operator is not aboard, unless the officer reasonably believes that such vessel has been abandoned. When the owner or operator is aboard, an officer may board a vessel with consent or when he has probable cause or knowledge to believe that a violation of a provision of this chapter or state law has occurred or is occurring. Secs.110-4-110-30. Reserved. ARTICLE It. WATERCRAFT2 Sec. 110-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat or vessel means and includes every description of self-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used in this article, the terms "boat" and "vessel" are synonymous with the term "watercraft." Boat lift. A boat lift is a structure used for storing boats on or above the water, which may extend from a seawall, the shore or a dock over the water. Boat lifts shall be considered a boat mooring space. Boat mooring space. A boat mooring space is any place where a boat is moored. A covered boat mooring space is a structure constructed over the water used for the covering or sheltering of boats. The structure may extend from a seawall, dock or the shore over the water. A covered boat mooring space has only a roof, with no walls or floor. Commercial boat means and includes any watercraft used, maintained or operated for profit. Commercial fishing boat means and includes any watercraft engaged in fishing whereby fish caught are sold for profit, either by the owner, operator or other person. Commercial marina means a licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, including minor servicing and repair to boats while in or out of the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat -related services are rendered shall not be considered marinas. Commercial vessel means a vessel used as a place of business or a professional or other commercial enterprise, and does not include any commercial fishing vessel as defined in F.S. § 327.02. 2Cross reference(s)—Traffic and vehicles, ch. 98. State law reference(s)—Vessel registration and safety, F.S. ch. 327. 2 145 of 185 Floating structure means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes including, but not limited to, a residence, place of business or office with public access, a hotel or motel, a restaurant or lounge, a clubhouse, a meeting facility, a storage or parking facility, a mining platform, a dredge or dragline. Incidental movement upon water or resting partially or entirely on the bottom of a waterbody does not preclude such an entity from classification as a floating structure. Live -aboard vessel means: (1) A vessel used solely as a residence and not for navigation; (2) A vessel for which a declaration of domicile has been filed pursuant to F.S. § 222.17; or (3) A vessel used as a residence that does not have an effective means of propulsion for safe navigation. A commercial fishing vessel is expressly excluded from the term "live -aboard vessel." Marina. A place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto, is incidental to other activities shall not be considered a marina, nor boat docks accessory to a multiple dwelling where no boat -related services are rendered. Marine facilities. Marine facilities are docks, piers, launch, marine pavilions, marine platforms, boat lifts, covered boat mooring spaces and similar facilities. Moor means to secure a vessel or boat by line, cable or other device to any boat slip, dock, pier, wharf, dockage space or docking facility in such manner as to assure the security of such vessel. Fueling stops are not included in this definition. Municipal docks means any bulkheads, walls, docks, approaches and appurtenances which the city owns or may construct from time to time on property owned or acquired for that purpose. Private watercraft means and includes any boat or vessel used for pleasure by the owner or others, where no charge is made for fishing or riding upon such vessel. Short-term berths means any boat slips, piers, docks, wharves or other dockage spaces or facilities designated at the municipal docks for the mooring of a boat for a period not to exceed 12 continuous hours. Sightseeing boat means and includes any watercraft engaged in transporting the public for hire on waterways within the city limits for sightseeing purposes. Waters of the city includes all rivers, lakes, streams, ponds and canals within the territorial limits of the city and under its jurisdiction, except the Florida Intracoastal Waterway, as described in F.S. § 327.02, as amended from time to time. (Code 1980, § 6-1) Sec.110-32. Compliance with chapter. For the protection of property owners, the general public, and owners and operators of watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or anchored at any place in the lakes, canals, rivers, bays or waters within the corporate limits of city and the owners, operators or occupants thereof, shall be governed by and observe the provisions of this chapter. (Code 1980, § 6-2) 146 of 185 Sec. 110-33. Evidence of identity of violator. In any prosecution charging a violation of any provision of this chapter governing the operation, mooring, docking or anchoring of watercraft, proof that the particular watercraft described in the citation or summons was violating a provision of this chapter, together with proof that the operator thereof was not present at the time a violation was observed, or was present and did not identify himself as the operator, or denied that he was the operator, the person in whose name such watercraft is registered shall be held prima facie responsible for such violation. (Code 1980, § 6-4) Sec.110-34. Recognition of federal rules and regulations. All operators of watercraft are hereby charged with knowledge of and compliance with all enacted or amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other federal agencies governing boats, docks, or waterways. (Code 1980, § 6-5) Sec.110-35. Compliance with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environmental Protection as protected areas for wildlife and plant life in the submerged lands. (Code 1980, § 6-6; Ord. No. 0-01-13, § 2, 7-11-01) Sec.110-36. Speed restrictions; water activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow -down minimum wake" as defined by Florida law, at all times such boat is within one hundred fifty (150) feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is three hundred (300) feet or less. (b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within three hundred (300) feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any bay estuary, canal or lake within the corporate limits of the city. (c) Except for vessels performing a governmental function, boats powered by an internal combustion engine may not operate upon local waterways, canals and lakes within the city limits of Sebastian, however, the Sebastian River and the Indian River Lagoon are excluded from this restriction. (Code 1980, § 6-8; Ord. No. 0-01-13, § 3, 7-11-01) Sec. 110-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation of the nuisance provisions of this Code. 4 147 of 185 (Code 1980, § 6-10; Ord. No. 0-01-13, § 4, 7-11-01) Cross reference(s)—Nuisances, ch. 66. Sec. 110-38. Health and sanitation rules; disorderly conduct, etc. All persons on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. All watercraft utilizing the waters of the city shall be maintained in a seaworthy condition, except when in a permitted repair area. (Code 1980, § 6-9; Ord. No. 0-01-13, § 5, 7-11-01) Cross reference(s)—Health and sanitation, ch. 50. Sec.110-39. Trash disposal. All trash, garbage and other debris accumulated aboard any watercraft moored or docked in the city limits shall be removed from the watercraft and disposed of on land in a proper receptacle to dispose of the items. (a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown, any waste material, refuse, trash, petroleum product, or other debris into any waterway of the city. (b) No one shall throw, drop or leave fish, garbage, trash, refuse, bait or other debris on any dock, wall, park, parkway or other premises within the city except in proper receptacles provided for such trash or debris. (c) It shall further be unlawful to dispose of refuse on the bank of any navigable water or tributary or storm drainage facility where the same shall be liable to flow or be washed into such navigable water by either ordinary or high tide or by storms or floods or otherwise. (Code 1980, § 6-11) Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; solid waste, ch. 86. State law reference(s)—Littering, F.S. § 403.413. Sec. 110-40. Equipment for excrement, waste, refuse. No person shall use or maintain living quarters on any motorboat, yacht, houseboat, floating home or any other type of watercraft on any of the waters within the city limits, unless such motorboat, yacht, houseboat, or other watercraft shall be equipped with a holding tank and/or chlorinator -macerator or other equipment sufficient for the purpose of containing all excrement, waste and refuse from such craft, and such wastes shall be disposed of in accordance with the rules and regulations established for the disposal of such wastes, but in no event shall any part thereof be released into any of the waters within the city. (Code 1980, § 6-12) Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; utilities, ch. 102. Sec. 110-41. Live -aboard vessels and floating structures prohibited. (a) Except as provided in subsection (b) of this section, live -aboard vessels and floating structures as defined in section 14-2 of this chapter are prohibited from anchoring or mooring in the waters of the city; and no 148 of 185 owner of any marina, marine facility, dock, pier or dockage facility of any type shall allow any type of live - aboard vessel or floating structure to be moored in such facility and allow persons to reside or dwell in such vessel or floating structure. (b) The prohibition set forth in subparagraph (a) does not apply to: (1) Commercial fishing vessels as defined in F.S. § 327.02; (2) Marinas with pump -out facilities permitted to have live -aboard vessels under zoning ordinances in existence prior to 2005; (3) Mooring fields constructed, permitted and operated in accordance with the rules established by the Florida Department of Environmental Regulation, whose Mooring Field Management Plan specifically allows the mooring of live -aboard vessels and floating structures in accordance with written agreements between the owners of the vessels or structures and the owner/operator of the mooring field; (4) Dredges and associated scows and equipment actively engaged in dredging operations in the waters of the city, or other similar construction or demolition platforms and equipment performing work under a permit or license granted by an appropriate governmental body or agency. State Law reference— Marine sanitation requirements, F.S. § 327.53. Editor's notes) —Ord. No. 0-01-13, § 6, adopted July 11, 2001, amended § 110-41, which pertained to the repair of watercraft. The former section has been moved to § 54-2-7.8(b) of the Sebastian Land Development Code. Sec. 110-42. Reserved. Editor's note(s)—Ord. No. 0-01-13, § 7, adopted July 11, 2001, amended § 110-42, which pertained to the use of watercraft as a place of business. See Code Comparative Table. Sec. 110-43. Mooring, beaching or placing of watercraft; where prohibited. (a) No vessel or watercraft of any kind whatsoever shall moor to or tie up to a public or private seawall or dock or be beached upon public or private property within the city limits without the permission of the property owner thereof, except in an emergency where necessary to prevent harm to persons or property. (b) No boat or watercraft shall be moored, abandoned, sunk or otherwise placed in such a manner as to impede, restrict or otherwise interfere with the use of private or public docks, launching ramps or other waterfront facilities except in an emergency where necessary to prevent harm to persons or property; however, in the case of an emergency as described in this section, such boat or vessel must be removed within 24 hours of the time said emergency has subsided. Any such craft in violation of this section may, upon request of the owner of the public or private seawall, dock, or property, or his agent, be subject to removal or impoundment. (c) Any boat, vessel or other watercraft which, due to fire, explosion, accident, act of God or other disaster, or abandonment which constitutes a danger to life or property, or a hazard to navigation, shall be subject to removal or impoundment in the manner provided by state law. (d) Any other wrecked or derelict boat having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements is to be disposed of as provided by state law. 6 149 of 185 State Law reference— Abandoned property, F.S. § 705.101 et seq.; abandoned vessels, F.S. § 823.11; 18-21.012 Spoil Islands F.S. (Code 1980, § 6-13) Sec.110-44. Period of mooring to municipal docks and piers. (a) No boat shall moor or tie up to any municipal docks, launching ramps or fishing piers owned by the city exceeding a one -hour limit, within a twenty -four-hour period. At no time shall a boat or watercraft impede or interfere with the use of the public facilities except in the case of an emergency described in Sec, 110-43. (b) Boats or watercraft may utilize public day slips within the city limits for a period not to exceed 24 hours. (c) Government and law enforcement vessels are exempt from this section of the code of ordinances. (Code 1980, § 6-13.1; Ord. No. 0-00-14, § 1, 6-14-00) Cross reference(s)—Streets, sidewalks and other public places, Ch. 90. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice -Mayor Christopher Nunn Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2023. 150 of 185 CITY OF SEBASTIAN, FLORIDA By: Fred Jones, Mayor ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq. City Attorney 151 of 185 rnvcf 5E� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 8, 2023 AGENDA ITEM TITLE: Resolution Accepting the 3`d Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2022-2023 Annual Budget. RECOMMENDATION: Move to Approve Resolution R-23-16. BACKGROUND: Pursuant to City financial policies, budget reviews and any necessary adjustments are presented to the City Council quarterly. A capital project status report, investment report and accomplishments are also included. Formal approval by City Council was previously given during the quarter for adjustments to budgets for the Stonecrop drainage project, added funding for the 100`h Anniversary, added repairs to the old golf carts and netting at the golf course and airport. City Council also approved the use of the General Fund R&R for repairs to city hall balconies. There was one adjustment done during the quarter to use of the General Fund R&R Account for replacing city hall equipment, which is being reported to City Council in accordance with our policy on R&R adjustments. In accordance with the authority given by the Annual Budget Resolution, the City Manager approved other budget transfers between accounts within Departments and authorized adjustments that were necessary to implement programs, projects and expenditures that were previously authorized by the City Council. Adjustments may include budget changes within his $15,000 spending authority, budget adjustments between budget accounts within the same departments, as well as adjustments to closeout completed or cancelled projects. In line with this, the City Manager approved adjustments that allowed the use of small grants to the Police Department and the Airport. Additional details on the above adjustments are listed in Exhibit "A" as an attachment to the Resolution. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: As per Exhibit "A" of the Resolution Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Resolution R-23-16 and Attachment "A" 2. 3rd Quarter Financial Report, including Capital Project Status, Investments/Loans and Accomplishments Administrative Services Department Review: City Attorney Review:'C�' Procurement Division Review, if applicable: 152 of 185 City Manager Authorization: Date: i5 / ,-i/ a°aJ 153 of 185 RESOLUTION NO. R-23-16 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. WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on June 30, 2023 was made and it was determined there was one budget adjustment to the General Fund R&R Account that is required to be formally reported to the City Council; and WHEREAS, it was determined that the City Council and City Manager previously approved all the necessary amendments and adjustments and these should will be reported in accordance with the Annual Budget Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The above recitals are hereby recognized as true correct and incorporated herein by this Section. Section 2. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2022 and ending September 30, 2023 has been amended and adjusted as necessary within the quarter ending June 30, 2023; a summary of such amendments and adjustments being attached hereto and more particularly identified as Exhibit "A"; the revised appropriations, if any, are set out therein and are recognized as having been made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. 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 5. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice -Mayor Christopher Nunn Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Kelly Dixon 154 of 185 The Mayor thereupon declared this Resolution duly passed and adopted this 8`� day of August 2023. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to form and legality for the reliance by the City of Sebastian only: Jennifer Cockcroft, Esq. City Attorney 155 of 185 EXHIBIT "A" OF RESOLUTION R-23-16 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED June 30, 2023 ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL: Budget Before Budget Budget After ect]Account Change Adjustment Change Reason for Adjustment Stonecrop Drainage Project $2,941,591 $22,247 $2,963,838 03/08/23 Approved additional funding Appropriated from DST Reserves ($2,046,256} __ �$22,247} j$2,068,503} needed based_on approved bid amount_ 100«' Anniversary Expenditures $5,000 $50 000 $5,000 04126/23 Approved use of General Fund Appropriated_kgq General Reserves ($549.366) ($34, da} �$59 ,366� Reserves toward 100t' Anniversa RRM — Operating Equipment - $26,316 $45,000 $71.316 04/26/23 Approved repairs of old golf carts Appropriated from Golf Course Reserve_ s ($554,028) ($45,000) ---------------- ($599,028) -------- --- to keep them going until new fleet arrives. ---------------------------------------------- - - --------- Ifnprovements — Golf Course F5_MA — Federal ------------------- 0 10 $77,472 $186,874 l 6,405} 04/26/23 Adjustments needed on approved FEMA — State p 1$66,405) $11 5 §1,067) contracts for replacing netting at the Golf Improvements — Airport0 $g,037� $36 $34 Course and the Airport. (Note: The Golf Course Improvements budget already had FEMA - Federal FEMA - State $ $ ($, 7,626) S $4,604 ($27 626) W.604) funds needed to match the funding received Appropriated from Airport Reserves $ _ _ _ _ S 4 _�a4� Rfor ------ 4,604) the Federal and State grant. ---------------------------------------- R&M —Buildings _ _ _ $93,965 $36,453 $130,418 06/14/23 Approved repairs to balconies on Appropriation from General Reserves ($600,514) ($36,453) i$636,967) the south side of City Hall_ ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: Budget Before Budget Budget After Change Adjustment Change Reason for Adjustment Equipment $47,000 $1,148 $48,148 Utilized R&R Account for replacement of _ AppropriatedfromR&R_Account__________________(2.75,000)__-______($1,148}_-___ ($273,860 CityHali2afloorbreak room refri irf t r_ -------------- �- ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: Budget Before Budget Budget After ProjectlAccount Change Adjustment Change Reason for Adjustment Equipment _ $0 _ $12,099 $12,099 Adjustment to record JAG Grant for the JAG Grant Revenue $0 $12,099 $12,099 purchasePolice Department equipment. _ ------------ - - - - R&M — Buildings $0 ---(- $5,250 •---?-e-- $12,000 _of ----------p----- Adjustment to use an FAA Grant to paint R&M — Operating Equipment 0 $7,750 $7,750 Administrative Office interior and repair the FAA Grant---------------------------- ------•_---- $0 - - ------------- ($13,000}______ ($13,000} AWAO System_---- •------------------------ 156 of 185 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT THIRD QUARTER ENDING JUNE 30, 2023 SUMMARY GENERAL FUND RECEIVED 79.57% OF BUDGETED REVENUE AND EXPENDITURES WERE 69.2% OF BUDGETED AMOUNTS IN THE THIRD QUARTER. REVENUE WAS HIGH MOSTLY DUE TO PAYMENTS FOR AD VALOREM TAXES, GENERAL FUND Jumim-lrtI Beginning Balance $ Ad Valorem Taxes Franchise fees Utility Taxes Intergovernmental Charges for Service Licenses and Other Transfers From Other Funds Total Revenues $ From Fund Baiance Total Sources $ City Council S City Manager City Clerk City Attorney Admin Services MIS Division Human Resources Police Department Roads and Garage Public Fadlities Leisure Services Cemetery Community Dev. Non•Deparbnenlal Total Expenditures $ Unappropriated Total Uses $ Ending Unappropriated Fund Balance Budget 5,146,342 1,567,286 3:210,987 3.811.99 745,870 467,200 35,000 14.984.653 $ 636,967 15,621,620 $ 62,725 S 309,381 223,024 271,445 623,297 727.871 231,814 7.308,703 1.440,693 634,261 1,407,371 164,323 716,458 1,300,254 15,621,620 $ 15,621,620 S $ YTD 8,195,001 5,078,843 1,086.563 2,202,636 2,473,720 561,042 504,078 11,906,884 1 t,906,884 39.732 261,618 171.462 2N.282 447,467 471,190 152,073 5,211,108 936,242 562,140 891,993 115,135 357,866 98141 10.803,569 10,803,569 9,298,316 % 98.7% 69.3% 68,6% 64.9% 752% 107.9% 0.0% 79.5% 0.0% 76.2% 63.3% 64.6% 76.9% 75.3% 71.8% 64.7% 65.6% 71.3% 65.0% 67.4% 63.4% 49.9% 75.5% 69.2% n!a 69.2% il WE PREVIOUSLY RECEIVED ALL OF THE AMERICAN RESCUE: PLAN ACT FUNDING AND THE CITY COUNCIL AGREED TO APPLY THOSE FUNDS TO THE ITEMS LISTED. AMERICAN RESCUE PLAN'ACT FUND Budgef YTD Beginning Fund Balance $ $ 2,869,473 ARPA Grant n!a interest 14,500 46,417 n!a Total Revenues $ 14,500 $ 46,417 n1a From Fund Balance 2,596,156 0.0% Total Sources $ 2,710,656 $ 2,915,890 107.6% Gardenia Ditch S 746,156 S 6,043 0.8% Schumann Drive 7501000 0.0% Concha Dam 700,000 0.01/0 Roadwork 500,000 0.0% Water Supply Work Plan 12,000 9,600 80.0% ArAcial Reef Grants 2,500 - 0.0% Total Uses $ 2,710,656 $ 15,643 0.6% Ending Fund Balance $ $ 2,900,247 Expected Change to Year End: Additional Revenues 10,500 Additional Expenditures 2,695,013 913OU3 Ending Available Funds $ 215,734 General Fund Revenue ■Adjusted Budget !Year m Date 5,000 v 4,000 p ;000 0 r z,00U es 1` k6 vok,oxloe eo' �o General Fund Expenditures ■Adf-, Budget pvear to❑.- U.- 145.51m a Soo 3,500 - s�soo scno, ��� �,w �i� �,e1 cfy $gyp. [�' esr a4` 4�e' 1�eL g,ga� tea•"•�ait.�l G��SGCa � �'a�G�C.�y �'S a sd` �yoO�a'�\G@`eSe G �n'!.`S�$r.•. 4� g FUND BALANCE USES FOR GENERAL FUND ARE SHOWN BELOW. EXPECTED CHANGES TO YEAR END ANTICIPATE THE ADJUSTMENTS RESULTING FROM PAY RAISES. t;m4r-1 AL FUND BALANCE FORECAST Fund Balance R&R Account Beginning Reserves 10101122 $ 7.920,001 $ 275,000 Year to Dale Revenue 11,906,884 Fund BalancelR&R Changes to Date: Purchases Not Received (60,264) Unfinished 2022 Projects (215.065) Harbor Lights Fuel Tanks (17,850) City Attorney Recruitment (34,500) Exempt Pay Increases (70,621) Police Pay Increases (152,340) Increase to Centenial Funding (50,000) Closed A2216 Police Vehicles 1,274 Replaced City Hall Refrigerator (1,148) Repairs to City Hall Balconies (36,453) Year to Date Uses $ 1599,366) $ (37,601) Other Expenditures (10,166,602) Current Reserves $ 9,060,917 5 237,399 Expected Changes to Year End: Additional Revenues 3,963,621 Additional Expenditures (3,685,292) Ending Reserves $ 9,339,246 $ 237,399 Adjust R&R to $275,000 (37.601) 37,601 Adjusted Reserves $ 9,301,645 $ 275,000 Assigned Funds " (666,992) Employee Final Payouts (390,000) Dock Self -Insurance (3,000.000) Net Unassigned Reserves $ 5,244,653 $ 275,000 Total Ending Reserves $ 5,519,653 Projected in 2023 Budget (with pay raises) $ 7.088,173 ' Assigned Funds include Inventories, Prepaids and the Golf Course Loan. CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT THIRD QUARTER ENDING JUNE 30, 2023 SUMMARY MOST OF THE EXPECTED COLLECTIONS OF STORMWATER GOLF COURSE REVENUES CONTINUE TO BE FAVORABLE. FEES HAVE BEEN RECEIVED. TRANSFERS TO CAPITAL NEW CARTS HAVE NOT BEEN INVOICED. FEMAISTATE PROJECTS IS PRIMARILY FOR SWALE WORK. REIMBURSEMENTS WILL OFFSET RANGE NETTING COST. $'I Ur MVVAI'tR FUNJ SUIVII ARC Budget YTD % Beginning Fund Balance $ S 1,967,126 Stormwater Fees 1,952,055 1,947,193 99.8% Interest and Other 7,566 38,636 510.7% Total Revenues $ 1,959,621 $ 1,985,829 101.3% From Fund Balance 669,359 0.0% Tots) sources $ 2,628,980 $ 3,942,955 150.0% Operating Expenditures $ 2, 26,488 $ 1,388,654 62.4% Capital Outlay 41,300 38,493 93.2% TransfertoCapital Prajects 361,192 152,252 42.2% Total Uses $ 2,628,980 $ 1,579,399 60A% Ending Fund Balance $ $ 2,363,H6 Expected Change to Year End: Addilionai Revenues 10,500 Additional Expenditures (504,931) Additional Capital Outay (5,3001 Transfers to Capital Projects (208,940) V30123 Ending Available Funds $ 1,654,885 Projected in 2023 Budget $ 1,179,343 REVENUE FROM AIRORT RENTS IS 81.3% COLLECTED. BEGINNING AND ENDING RESOURCES EXCLUDE THE PRINCIPAL DUE ON THE DST LOAN OF $502,746. AIRPORT FUND SUMMARY Budget YTD % Beginning Resources S S 503,120 Rents 577,861 469,741 81.3% FEMA1State Reimbursements 32,230 Investment Income 725 8,089 11153% Miscellaneous 85,690 65,675 76.6% Total Revenues 696,506 543,505 78.0% From Fund Balance 77,198 n!a Total Sources S 773,704 S 1,046,625 Operating Expenses S 520,933 5 394,667 75.6% DST Fund Loans 36,500 0.0% Range Netting 36,834 Capital Outlay 28,432 9,479 33.3% Transfers for Projects 76,707 62,115 81.0% Total Uses $ 699,406 $ 466,261 66.7% Total Ending Resources 74,298 $ 580,364 Expected Change to Year End: Additional Revenues 193,369 AdddiOonal Uses (222,915) 9130)23 Ending Resources $ 550,81a Projected in 2023 Budget $ 577,418 IoULF FUND SUMMARY Budget YTD % Beginning Resources $ $ 245.915 Charges for Service 1.631.611 1,446,432 88.7% Rent 30,000 23,176 77.3% Insurance Proceeds 23,342 48,342 207.1% FEMAIState Reimbursements 77,472 - 0.0% Miscellaneous 10,760 20,078 186.6% Total Revenues 1,773,185 1,53,028 86.7%1 Pro Shop Sales 110,000 1112,688 93.4 Pro Shop Purchases (65.000) (60,588) 124.0% Sates vs. Cost of Sales 45,000 22,100 49.1% From Reserves -Cart Repairs 61,316 - Na From Reserves - Carts 528,640 n1a From Reserves - Pay Changes 4,072 rda From Reserves for Ditches 5,000 - n1a Total Sources $ 2,417,213 $ 1,560,128 64.5% Operating Expenses $ 1,543,906 S 1,156,099 73.6% Equipment 7,889 7,889 nla Lightning Damage 21,097 21,097 n!a Range Netting 88.826 286 nla Can Purchase 528,640 - rda Total Operating Expense 2,190,358 1,165,371 53.2% General Fund Payment 35,000 n1a Bui4ing Fund Payment 36,209 27J57 75.0% Total uses S 2,261,567 $ 1,152,528 52.7%1 Total Ending Resources ; 155,646 $ 613,515 Expected Change to Year End: Additional Sources 576,315 Additional Uses (1,070,900) 9130123 Ending Resources S 118,930 Projected in 2023 Budget $ (X2,729) BUILDING FUND RESOURCES EXCLUDE THE REBATE PAYABLE MANDATED BY THE STATE AND $1,112,843 ADVANCE TO THE GOLF COURSE. Beginning Resources Licenses and Permits Charges for Service Fines and Forfeits Miscellaneous Golf Fund Loan Payments Total Revenues From Fund Balance Total Sources Operating Expenses Capital Outlay Total Uses Total Ending Resources Expected Change to Year End: Additional Revenues Additional Uses 9130123 Ending Resources Projected in 2023 Budget BUILDING FUND SUMMARY Budget YTD S $ 1,654,006 1,229,500 66309 33.500 13.014 5,500 345 7,289 29,526 36,209 27,157 1.311,998 757,211 194,686 1,506,684 757,211 5 1.279,933 $ 702,246 166,874 122,713 $ 1,466,807 $ 824,559 39,877 S 1,586,258 55.6% 38.8% 69.5% 405.1 % 75.0% 57.7% n1a 50.1% 54.9% n1a 56.2% 554,787 (W,848) $ 1,4%,197 $ 1,493,883 158 of 185 GENERAL FUND TAXES LICENSES & PERMITS INTERGVT'L REVENUE CHARGES FOR SERVICE FINES AND FORFEITS MISC. REVENUE TRANSFERS IN FROM FUND BALANCES GENERAL FUND REVENUE CITY COUNCIL CITY MANAGER CITY CLERK LEGAL ADMINISTRATIVE SERVICES M.I.S. DIVISION HUMAN RESOURCES POLICE ADMINISTRATION POLICE PATROL CODE ENFORCEMENT DIVISION POLICE INVESTIGATIONS POLICE COMMUNICATIONS ROADS AND DRAINAGE CENTRAL GARAGE FACILITIES MAINTENANCE LEISURE SERVICES CEMETERY COMMUNITY DEVELOPMENT NON -DEPARTMENTAL GENERAL FUND EXPENDITURES CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/23 2019/2020 2020/2021 2021/2022 3rd Qtr 3rd Qtr 3rd Qtr ACTUALS ACTUALS ACTUALS -6,520,844 -7,199,893 -7,488,942 -127,800 -148,399 -151,000 -1,836,443 -2,073,729 -2,513,599 -445,518 -559,744 -574,328 -44,095 -33,016 -76,321 -318,256 -160,035 -242,844 -18,750 -112,500 -921 0 0 0 -9,311,70S -10,287,317 -11,047,955 35,663 38,163 44,321 198,731 209,852 220,136 175,374 150,348 204,618 138,349 136,776 138,395 522,703 494,123 562,436 406,570 387,769 405,701 0 0 0 845,158 642,636 666,413 2,571,733 2,693,482 2,828,594 137,634 137,814 140,355 810,730 842,800 909,574 445,377 410,228 450,104 730,417 689,773 717,730 147,759 154,660 167,032 418,871 467,505 441,560 812,205 768,516 831,904 135,289 145,387 104,974 397,876 366,319 349,110 805,502 795,789 1,136,754 9,735,941 9,531,941 10,319,710 2022/2023 3rd Qtr ACTUALS -8,368,046 -138,698 -2,473,720 -561,042 -50,730 -314,648 0 0 -11,906,894 39,732 261,618 171,462 204,282 447,467 471,190 152,073 633,827 3,091,956 105,149 920,751 459,425 752,567 183,675 562,140 891,993 115,135 357,866 981,259 10,803,569 2022/2023 Annual BUDGET -9,924,615 -163,700 -3,911,968 -745,870 -50,500 -253,000 -35,000 -636,967 -15,621,620 62,725 309,381 223,024 271,445 623,297 727,871 231,814 891,178 4,122,118 202,567 1,342,060 750,780 1,157,409 283,284 834,261 1,407,371 164,323 716,458 1,300,254 15,621,620 2022/2023 Percent of Budget 84.32% 84.73% 64.89% 75.22% 100.46% 124.37% 0.00% 0.00% 76.22% 63.34% 84.56% 76.88% 75.26% 71.79% 64.74% 65.60% 71.12% 75.01% 51.91% 68.61% 61.19% 65.02% 64.84% 67.38% 63.38% 70.07% 49.95% 75.47% 69.16% 159 of 185 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/23 2019/2020 2020/2021 2021/2022 2022/2023 2022/2023 2022/2023 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget AMERICAN RESCUE PLAN ACT INTERGVT'L REVENUE 0 -1,666,064 0 0 0 0.00% MISC. REVENUE 0 -665 6,508 46,417 14,500 320.12% FROM FUND BALANCE 0 0 0 0 2,696,156 0.00% ARPA FUND REVENUE 0 -1,666,729 6,508 46,417 2,710,656 1.71% OPERATING EXPENSES 0 0 0 9,600 14,500 66.21% TRANSFERS OUT 0 0 481,012 6,043 2,696,156 0.22% TO FUND BALANCE 0 0 0 0 0 0.00% ARPA FUND EXPENDITURES 0 0 481,012 15,643 2,710,656 0.58% LOCAL OPTION GAS TAX TAXES -454,512 -475,736 -487,941 -481,249 -777,637 61.89% INTERGVT'L REVENUE -13,694 -14,105 0 -14,963 -14,964 100.00% MISC. REVENUE -1,895 -315 -2,330 -11,768 -2,479 474.71% TRANSFERS IN 0 0 0 0 0 0.00% FROM FUND BALANCES 0 0 0 0 -356,494 0.00% LOGT FUND REVENUE -470,101 -490,156 -490,270 -507,981 -1,1S1,574 44.11% OPERATING EXPENSES 5,400 92,972 20,400 11,301 10,800 104.64% CAPITAL OUTLAY 105,554 34,372 4,870 0 0 0.00% DEBT SERVICE 238,886 243,398 242,801 122,174 122,174 100.00% TRANSFERS OUT 606,893 494,190 12,724 4,658 1,018,600 0.46% TO FUND BALANCES 0 0 0 0 0 0.00% LOGT EXPENDITURES 956,734 864,932 280,794 138,132 1,151,574 12.00% DISCRETIONARY SALES TAX TAXES -2,295,078 -2,596,166 -3,092,355 -3,180,737 -5,160,637 61.63% MISC. REVENUE -42,845 -10,604 -9,101 -41,440 -98,209 42.20% FROM FUND BALANCES 0 0 0 0 -3,494,254 0.00% DST FUND REVENUE -2,337,923 -2,606,770 -3,101,456 -3,222,177 -8,753,100 36.81% OPERATING EXPENSES 4,830 0 0 0 0 #DIV/01 CAPITAL OUTLAY 0 0 7,151 0 0 #DIV/01 TRANSFERS OUT 1,237,761 1,766,806 6,897,791 1,306,022 7,889,726 16.55% TO FUND BALANCES 0 0 0 0 863,374 0.00% DST FUND EXPENDITURES 1,242,591 1,766,806 6,904,942 1,306,022 8,753,100 14.92% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -31,748 -28,113 -29,617 -39,051 -43,719 89.32% TRANSFERS IN -403,240 -457,672 -385,665 -391,770 -380,580 102.94% FROM FUND BALANCES 0 0 0 0 -86,952 0.00% RRD REVENUE -434,988 -485,794 -415,282 -430,821 -511,251 84.27% OPERATING EXPENSES 219,811 189,726 218,542 195,075 260,918 74.77% CAPITAL OUTLAY 0 0 0 0 0 #DIV/01 GRANTS AND AIDS 15,000 0 0 0 31,951 0.00% TRANSFERS OUT 14,965 95,860 49,572 8,500 70,001 12.14% TO FUND BALANCES 0 0 0 0 148,381 0.00% RRD EXPENDITURES 249,775 285,586 268,115 203,575 511,251 39.82% PARKING IN LIEU OF FUND MISC. REVENUE -3,630 -11,388 -16,141 -5,940 -539 1101.97% PARKING IN LIEU OF REVENUE -3,630 -11,388 -16,142 -5,940 -539 1101.97% CAPITAL OUTLAY 0 0 0 0 0 0.00% TRANSFERS OUT 0 0 0 0 0 0.00% TO FUND BALANCES 0 0 0 0 539 0.00% PARKING IN LIEU OF EXPENDITURES 0 0 0 0 539 0.00% 160 of 185 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/23 2019/2020 2020/2022 2021/2022 2022/2023 2022/2023 2022/2023 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget RECREATION IMPACT FEE FUND MISC. REVENUE -102,661 -148,983 -135,355 -86,273 -163,389 52.80% FROM FUND BALANCES 0 0 0 0 -173,474 0.00% REC. IMPACT FEE REVENUE -102,661 -148,983 -135,355 -86,273 -336,863 25.61% OPERATING EXPENSES 0 0 0 0 0 0.00% CAPITAL OUTLAY 0 0 0 0 0 0.00% TRANSFERS OUT 330,181 103,967 116,751 0 228,474 0.00% TO FUND BALANCE 0 0 0 0 108,389 0.00% REC. IMPACT FEE EXPENDITURES 330,181 103,967 116,751 0 336,863 0.00% STORMWATER UTILITY FUND MISC. REVENUE -1,968,093 -1,957,389 -1,962,333 -1,985,829 -1,959,621 101.34% TRANSFERS IN 0 0 0 0 0 0.00% FROM FUND BALANCES 0 0 0 0 -669,359 0.00% STORMWATER REVENUE -1,968,093 -1,957,389 -1,962,333 -1,985,829 -2,628,980 75.54% PERSONAL SERVICES 496,419 510,428 504,024 550,971 916,106 60.14% OPERATING EXPENSES 351,672 515,558 543,795 837,683 1,307,889 64.05% CAPITAL OUTLAY 0 123,824 132,110 38,493 43,793 87.90% TRANSFERS OUT 20,860 1,325 135,378 152,252 361,192 42.15% TO FUND BALANCE 0 0 0 0 0 0.00% STORMWATER EXPENDITURES 868,950 1,151,135 1,315,307 1,579,398 2,628,980 60.08% LAW ENFORCE FORFEITURE FUND FINES AND FORFEITS -133 -15,000 -21,315 -50 -1,000 5.00% MISC. REVENUE -1,634 -1,539 -154 -750 -160 468.94% FORFEITURES FUND REVENUES -1,767 -16,539 -21,469 -800 -1,160 68.99% OPERATING EXPENSES 5,062 1,500 1,561 0 0 0.00% CAPITAL OUTLAY 0 15,000 0 0 0 0.00% GRANTS AND AIDS 1,000 0 0 1,500 0 0.00% TO FUND BALANCES 0 0 0 0 1,160 0.00% FORFEITURE FUND EXPENDITURES 6,062 16,500 1,561 1,500 1,160 129.31% STORMWATER DEBT SERVICE FUND MISC. REVENUE -2,079 -361 -431 0 0 0.00% TRANSFERS IN -301,016 -300,721 -175,052 0 0 0.00% FROM FUND BALANCES 0 0 0 0 0 0.00% STORMWATER DEBT REVENUE -303,095 -301,082 -175,483 0 0 0.00% DEBT SERVICE 402,137 400,529 401,834 0 0 0.00% TO FUND BALANCES 0 0 0 0 0 0.00% STORMWATER DEBT EXPENDITURES 402,137 400,529 401,834 0 0 0.00% 161 of 185 GOLF COURSE FUND INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICE MISC. REVENUE TRANSFERS IN FROM FUND BALANCE GOLF COURSE FUND REVENUE ADMINISTRATION MAINTENANCE GOLF COURSE CARTS GOLF COURSE FUND EXPENSE AIRPORT CHARGES FOR SERVICE MISC. REVENUE TRANSFERS IN FROM FUND BALANCE AIRPORT REVENUE PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE TRANSFERS OUT TO FUND BALANCE AIRPORT EXPENSE BUILDING FUND LICENSES & PERMITS CHARGES FOR SERVICE FINES AND FORFEITS MISC. REVENUE TRANSFERS IN FROM FUND BALANCE BUILDING REVENUES PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TRANSFERS OUT TO FUND BALANCES BUILDING EXPENSE CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/23 2019/2020 2020/2021 2021/2022 3rd Cltr 3rd Cltr 3rd Cltr ACTUALS ACTUALS ACTUALS 0 -1,268,343 -30,578 0 0 -1,298,922 530,736 436,737 126,359 1,093,832 0 -1,247,921 -31,328 0 0 -1,279,249 542,532 436,751 127,546 1,106,829 0 -1,523,642 -32,093 0 0 -1,555,736 577,905 445,196 152,245 1,175,346 2022/2023 2022/2023 2022/2023 3rd Qtr Annual Percent ACTUALS BUDGET of Budget 0 -77,472 0.00% -1,629,707 -1,741,611 93.57% -88,481 -64,102 138.03% 0 0 0.00% 0 -599,028 0.00% -1,718,188 -2,482,213 69.22% 574,464 511,194 160,311 1,245,959 1,415,172 843,041 224,0D0 2,482,213 0 0 0 0 -32,230 -429,386 -444,756 -467,341 -543,505 -664,276 -4,691 0 -3,643 0 0 0 0 0 0 -77,198 -434,077 -444,756 470,984 -543,505 -773,704 51,794 49,768 83,339 135,632 188,735 208,508 228,477 251,263 259,035 332,198 10,516 0 5,563 9,479 46,334 0 0 0 0 36,500 18,750 112,500 0 62,115 76,707 0 0 0 0 93,230 289,568 390,744 340,166 466,261 773,704 -640,482 -965,522 .919,886 -683,689 -1,229,500 -12,199 -23,676 -22,908 -13,014 -33,500 -4,048 -4,050 -4,936 -3,825 -5,500 -8,400 -11,348 -8,737 -29,526 -7,289 -28,776 -28,775 -27,064 -27,157 -36,209 0 0 0 0 -194,686 -693,905 -1,033,370 -983,530 -757,210 -1,506,684 437,848 454,728 519,725 555,808 941,787 114,226 101,068 176,075 146,438 338,146 0 235 0 122,713 186,874 0 0 200 0 0 0 0 0 0 39,877 552,074 556,031 696,000 824,959 1,506,684 40.59% 60.64% 71.57% 50.20% 0.00% 81.82% 0.00% 0.00% 70.25% 71.86% 77.98% 20.46% 0.00% 80.98% 0.00% 60.26% 55.61% 38.85% 69.55% 405.08% 75.00% 0.00% 50.26% 59.02% 43.31% 65.67% 0.00% 0.00% 54.75% 162 of 185 Project Number Description FY2019 A1952 Construct Hangar D TOTAL FV 2020 A2007 CDBG Grant Program A2030 Relocate Public Facilities Compound FY2021 A2126 Yacht Club Seawall A2161 Slormwater Master Plan FV2022 A2206 CAD/RMS System Update A2207 Police Vehicles & Equipment A2212 PD Vehicles A2220 Working Waterfront A_1221 BSSC Baseball Backstops A2222 Playground Improvements A2224 Ritrniew Park Enhancements A-1230 Railroad Crossing Sidewalks A2231 Road Improvements A2250 Construct (4) Square Hangars A2252 Hangar C Office Improvements A2253 Airport Rescue Grant A2254 Rehab Runway 05-23 Design A2260 Svvales/Drivavays/Culverts A2261 Concha Dam Replacement Fv2263 Tulip Habitat Restoration A2264 Gardenia Ditch A2265 Schumann Drive Box Culvert FY2023 A2301 Citywide Computers A2302 COSty Equipment A2303 Network Infrastructure A2304 Backup System Update A2305 Parks Security Cameras A2306 PD Vehicles & Equip A2307 PD Body Worn & Vehicle Cameras A2308 CAD/RMS System A2309 PD Armored Vehicle A2310 PD Generator Transfer Switch A2311 Air Conditioner Replacements A2312 Hurricane Ian A2313 Hurricane Nicole A2314 Golf Cans A2315 100th Anniversary Celebration A2320 Swing/Bcnch Park A2321 Park Improvements A2322 Kiosk Signs A2323 CRA Sustainable Economic Redevelopment A2324 Riverview Area Improvements A_1326 Anifical Reef Grants A2331 Bucket Truck A2332 Brush Truck A2333 Dump Truck A2334 Sidewalk (Davita Dialysis) A2335 Street Repaving A2336 Street Reconstruction A2337 Sidewalk Replacement A2351 Runway 05-23RehabOP_) A2352 Coronavirns Response Grant A2360 Svvalcs/Drivnvays/Culvens A2361 SW Bulldozer A2362 Sliplining A2363 Canal Restoration A2364 Stonecrop Drainage Improvements GRAND TOTAL CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF JUNE 30, 2023 Current Prior Budget Share Project Year Year Expenditures Percent Funds Budget Sources !in Thpracanr',f ?f S1 Budeet Expenditures Expenditures To Date Expended Encumbrances Remalaing PDOT/DST/AP 1.800/450/67.2 2,317,253 140,677 2,173.212 2,313,889 99.85% 42,411 (39,047) S 2,559,011 $ 145,077 S 2,410570 $ 2,555,647 99.87 % S 42,411 $ (39,047) CDBG 515 SIRWMD/DST 11.11/9.639 GF DST/SW DST DST GF CRA RIF RIF DON LOGT/DST ARPA FDOT/DST FDOT/DON FAA FAA/FDOT/DST SW ARPA IRLC/SW ARPA ARPA DST DST DST DST DST DST DST DST DST DST DST FEMA FEMA GC DON/GF RIF RIF CRA DEO DST ARPA DST DST DST DST LOGT LOGT LOGT FAA/FDOT/DST FAA DST DST DST FEMA/DST FEMA/DST 515,175 99,469 261,566 361,036 70.084o 21,659 132,480 9,651,130 483,842 9,158,834 9.642,676 99.91% - 8.454 $ tl,010,295 S 591S11 S 10,256,189 S 10,847,700 98.52% S 21,659 S 140,936 359 358,962 1,415 350,337 351,752 97.991N - 7.210 3501350 700,000 87,650 560,750 648,400 92.63% 51,600 - S 3,110,979 S 218,793 S 2,683,266 S 2,902,059 93.28% S 51,600 S 157,320 142 141,925 - 112,069 112,069 78.961% - 29.856 300 300 213 1,078 14,683 15,761 5_251,0 277,507 6.945 104 103,584 119 - 119 0.12 % 103,334 131 50 50,000 6,150 - 6,150 12.30% 6.250 37,600 75 75,000 - - 0.00% - 75.000 104 104,026 - 1,526 1.526 1.47°0 102.474 26 4 4,350 - - 0.00°0 - 4.350 100/90 190,000 1,800 6,400 8.200 4.32% 14,920 166.890 500 500,000 - - - 0.00% - 500,000 1,256/314 1,570.000 270 - 270 0.02% - 1.569,730 35135 70,000 - - - 0.00% 70,000 32 32,000 3,800 27,756 31.556 98.61% - 444 197/10.9/13.4 221,394 213,199 4,194 217,393 98.19% 4,000 1 245 244,695 50,410 36,039 86,449 35.33% 31,039 127,207 700 700,000 - - - 0.00 0 - 700.000 4.8/18.5 23,291 1,088 4,431 5,519 23.7090 2,842 14,930 750 750,000 6,043 3.844 9,887 1.32% 3,756 736.357 750 750,000 - - - 0.00°6 44,120 705,880 S 6,328,127 S 738,486 S 254,055 S 992,541 15.68 % S 590,242 S 4,745.344 76.1 $ 76,108 S 24,792 $ - S 24.792 32.58% S - $ 51,316 15 S 15,000 $ 14,625 S - $ 14,625 97.50% S - $ 375 50 $ 50,077 S 17,596 S - S 17,596 35.14% S 2.509 S 29,972 40 $ 40,000 S 17,466 S - S 17,466 43.67% S - $ 22.534 28.7 $ 28,700 S 26.036 S - S 26,036 90.72% S - S 2,664 512.2 S 512,200 S - S - S - 0.00% $ 425,169 S 87,031 882 S 88,183 S 78.583 S - S 78,583 89.11?6 S - S 9,600 60.8 S 60,775 S 14.000 S - S 14.000 23.04% S - S 46.775 310 S 310,000 S - S S - 0.00% $ 309,500 $ 500 200 S 200,000 S 296 S S 296 0.15% S 164.250 S 35,454 27.9 S 27,940 S 21,549 S - S 21,549 77.13% S 6,390 S I 0 S - S 56.386 S - S 56.386 0.00% S - S (56,386) 0 S - S 21,248 S - $ 21,248 0.001/, S - S (21,248) 528.6 S 528,640 S - $ - $ - 0.0011'o S 528,640 S - 2 / 53 $ 55,000 $ 2,572 S - $ 2,572 4.6896 S 20,300 $ 32,128 35 S 35,000 $ - S - $ - 0.00% S - S 35,000 16 S 15,974 S 2,123 $ - $ 2.123 13.29% S - S 13,851 15 S 15,000 S - $ - $ - 0.00% $ - S 15,000 70 S 70,000 S 30,000 S - $ 30.000 42.86% $ 40.000 $ - 74 $ 73,591 S - S - $ - 0.0091. S - S 73,591 3 $ 2,500 S $ - $ - 0.0091. S - S 2,500 159 S 159,000 $ - S - S - 0.00?6 S 158,219 S 781 122 S 122,000 S - S - S 0.0046 $ 121,543 S 457 195 S 185,000 S - S - S - 0.00% $ 184,500 S 500 200 S 200,000 S - S - S - 0.004o S - S 200,000 600 $ 600,000 S - $ - S - 0.0096 S - S 600.000 250 S 250,000 S - S - S - 0.0091. S - S 250.000 75 S 75,000 $ 2,858 S S 2,859 3.81 % S $ 72,142 1,427/79/79 S 1,585,455 S 2,961 $ - S 2,961 0.19% $ - S 1.582,494 13 $ 13,000 $ 2,930 S $ 2,930 22.54% S 2,500 S 7.570 150 S 150,000 S - $ - $ - 0.00% S - S 150,000 150 S 150,000 S - S - S - 0.00% $ 136.976 $ 13,024 329.8 $ 329.786 S - S - S 0.00% $ 49,061 S 280,725 11,000/500 S 11,500,000 S - S - S - 0.00% $ - S 11.500.000 1,118/1.824 S 2,941,591 S 32.925 S - $ 32,925 1.12% S 2,908.666 S (0) S 21,008,536 S 907.873 S - $ 907,873 432% S 5,058,223 S 15.042.440 S 44,016,948 S 2.601.741 S 15,604,079 S IU05,820 41.36% S 5,764,135 S 20.046,992 163 of 185 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2023 At June 30, 2023, the total of the City's cash and investments were $24,864,981.51. Of this, $20,279,101.54 was held in an interest bearing checking account at Seacoast National Bank, $4,045,948.33 was invested with the State Board of Administration and $539,931.64 is deposited with Florida Trust. The City did not purchase any new securities during the quarter and does not hold any direct investments in government securities. Returns at the end of the quarter were 3.60% for the Bank and 5.33% for the State Board. The average annualized return over the 3 months of this quarter from the deposit with Florida Trust was positive with a gain of $814.99. This is expected to continue being positive in the coming quarters. Florida Trust is pool fund that deals in government securities averaging less than 2 year maturities. SEACOAST NATIONAL BANK STATE BOARD OF ADMINISTRATION (SBA) CURRENT CURRENT CAST{ BALANCE ALLOCATION BALANCE PERCENT INVESTMENT ALLOCATION BALANCE PERCENT General Fund $ 7.461253.70 36.79% General Fund 5 884,749.89 21.87% American Rescue Plan Act 2,459,133.37 12.13% American Rescue Plan Act 435,658.85 10.77% Local Option Gas Tax Fund 909.435.89 4.48% Local Option Gas Tax Fund 160,451.06 3.97% Discretionary Saks Tax Fund 3,643,741.38 17.97% Discretionary Saks Tax Fund 645,254.96 15.95% Riverfrom Redevelopment Fund 733282.21 3.62% Riverfront Redevelopment Fund 129,196.51 3.19% Parking In -Lieu -Of Fund - 0.00% Parking In -Lieu -Of Fund 95,087.31 2.35% Recreation Impact Fee Fund 344,106.91 1.70% Recreation Impact Fee Fund 60,717.76 1.50% Stormwater Utility Fund 1016.024.03 9.94% Stormwater Utility Fund 355,018.96 8.77% Law Enforcement Forfeiture Fund 44,496.89 0.22% Law Enforcement Forfeiture Fund 7,853.06 0.19% Stormwater Series 2003 Debt Service Fund - 0.000/. Stormwater Series 2003 Debt Service Fund 0.00% Capital Projects Fund (164.555.14) -0.81% Capital Projects Fund 0.000/0 Capital Improvements Fund (423.40) 0.001/0 Capital Improvements Fund 0.000/0 Transportation Fund (349514.06) -1.72% Transportation Fund 0.00% Storrwater Projects Fund (44.837.15) -0.22% Stormwater Projects Fund - 0.00% Golf Course Fund 677299.78 3.34% Golf Course Fund 119,458.89 2.95% Airport Fund 510,982.74 2.52% Airport Fund 90,395.64 2.23% Airport Projects Fund 33,158.12 0.16% Airport Projects Fund - 0.00% Building Department Fund 1.581.160.51 7.80% Building Department Fund 279,827.23 6.92% Cemetery Trust Fund 333,605.76 1.65% Cemetery Trust Fund 779,938.21 19.28% Performance Deposits Fund 90.750.00 0.45% Performance Deposits Fund 2.340.00 0.06% Total Bank Balance S 20.279.101.54 100.00 % Total SBA Balance 5 4,045,948.33 100.00% INTERFUND LOANS REPORT 10/01/22 Scheduled Balance at Fund Making Loans Purpose Balance Payments 09/30/2023 Remarks/Terms GENERAL FUND: Due from Golf Course Cash Flow Loan $465,000 $35,000 $430,000 Pay $35K/Year or More. DISCRETIONARY SALES TAX: Due from Airport Fund $285,000 Hangar A $253,171 $7,873 $245,298 5 Years @ 3%, Then 4% for 25 Years. Final in 2038 Due from Airport Fund $267,511 Hangar B $249,575 $8,517 $241,058 5 Years @ 3%, Then 4% for 25 Years. Final in 2041. BUILDING FUND: Due from Golf Course $700,000 Irrigation $553,159 $31,352 $522,611 Each 5 Years to T-Bond Minus 1%. Final in 2038. Due from Golf Course $559,684 Other Repairs $559,684 None $559,684 Pay When Possible, Maybe After $700,000 is paid. DEBT DUE TO OUTSIDE PARTIES initial Principal Principal Balance at Final Initial Bond Debt Description Amount 9/30/2022 Interest Rate Maturity Rating/insurer Security Pledge Paving Improvements (Final 12/01/2022) $2,296,000 $121,000 1.94% 2022 N/A Local Option Gas Tax Promissory Notes 2012 Police Camera System $353,624 $80,482 2.75% 2025 N/A N/A 60 Month Lease Purchase May 2021 164 of 185 an c� HOME T- HOME OF PELICAN ISLAND To: Mayor and City Council Thru: Paul Carlisle, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: July 27, 2023 Re: 3r° Quarter Accomplishments Fiscal Year 2023 The following are the P Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended June 30, 2023. CITY CLERK Legislative Support Matters • City Clerk prepared agenda, attended/recorded six Regular City Council meetings, four Special City Council meetings and two Workshops. • Completed follow up of approved Council matters — contracts, letters, e-mails, scanned to LF and indexed • Six resolutions adopted by Council • Four ordinances adopted by Council; six ordinances passed on first reading • Two documents recorded in public record at Court House • Nine proclamations prepared for presentation by Mayor • Provided monthly City calendars and revisions to Council, City staff and press • Arranged FLC Annual Conference attendance for five Council Members • Assisted Interim City Attorney with court case • Sent out Hess Parcel annexation notification letters Records Management Program • Responded to 68 public records requests • 124 cubic feet of paper records met retention along with duplicate and OSA records destroyed by shredding vendor. • Transferred, documented and stored 10 bid files for Finance Department. Election Matters • Pre -qualified three candidates for 2023 Election • Accepted campaign treasurer's reports for two candidates Citv Board Matters • City Clerk attended three Centennial Celebration Task Force meetings • Records Specialist prepared agenda, attended/recorded three Centennial Celebration Task Force meetings • Noticed vacancies, prepared five board appointments, notified and provided info to appointees, updated Board Handbook and distributed pages • City Clerk prepared agenda, attended/recorded two CRA meetings within Council Meetings • Records Specialist published all scanned City board packets to City website, Facebook, Laserfiche and also provided to press and Council Cemetery Matters • Certificates of Interment Rights issued for 16 locations for a total of $42,900. • Scanned all cemetery records as sold or amended for permanent retention. Personnel/Educational Matters • City Clerk Administered oath to one Police Officer • Records Specialist attended three project meetings • City Clerk and Records Specialist attended a meet and greet for the new City Attorney • City Clerk and Records Specialist assisted in the interview process for the new City Attorney Communitv Matters • Responded to or forwarded CITYSEB emails to appropriate departments. 165 of 185 ADMINISTRATIVE SERVICES • Provided administrative support to the Police Pension Board. • Met with Department Heads and worked on drafts of the FY2024 Budget and Capital Program. • Prepared 2od Quarter Budget Amendment and made presentation to Budget Committee and City Council. • Filed the required report on the funding received from the American Rescue Plan Act. • Assisted with negotiations of Labor Agreements. • Handled normal processing of payroll, accounts payable and cashiering. • Monitored and approved payments on major contracts. • Maintained listing of current capital projects and held frequent meetings with project managers to monitor progress. • Monitored and completed required grant paperwork on Airport and other grants. • Documented bids and proposals for purchases to insure purchasing policies were followed. • Reviewed and edited contracts and other agreements. • Edited agenda items submitted for contracts and payments requiring City Council approval. POLICE DEPARTMENT Administration • Continued review of agency policies per accreditation standards. • Conducted interviews for Police Officers, Dispatchers and a Crime Scene Intern. • Attended CPR Training. • Completed an audit on the Investigation and Evidence Safe. • Continued our quarterly auditing and inspection of the police building and equipment. • Attended 8 Council and Special Event/Workshop meetings. • Responded to 17 public records requests. • Attended Executive Round Table Meetings. • Participated in the 2023 Special Olympics Torch Run. • Attended 1 Treasure Coast Chiefs of Police and Sheriffs Association meeting. • Held the 2023 Citizen's Academy. • Attended Response to Criminal Barricade Training. • Attended FPL's Critical Infrastructure Protection Class. • Swore in 1 new Police Officer. • Conducted 3 leadership and multiple weekly staff meetings. • Agency was reviewed by Mock Accreditation panel to prepare for formal assessment. • Attended the IRC Victim's Memorial Vigil. • Attended School District Safety and Security Closed Session Meetings. • Attended multiple civic and agency related meetings, including Multi -agency assemblies and Special School Board meetings. • Attended 3 Juvenile Justice 19`s Circuit Advisory Board Meetings. • Attended Memorial Day Ceremony. • Prepared and reviewed FY 24 Budget. • Attended Rotary Club Installation Dinner for Officer of the year. Volunteers • The Community Service Volunteers worked a total of 2,629.58 hours during this quarter. • 80 bank deposit details were completed so City Hall employees do not need to leave their assigned duties. • 112 traffic control details were assigned. These details involve directing traffic at city events, road closures, etc. • 1,838 house watches/close patrols were completed. • 66 vehicle transports were made consisting of taking vehicles to different locations for repairs, etc. • 1,322 business checks were made. These business checks are conducted to help patrol officers keep an eye on the business community which helps reduce crime. • 355 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 129 Airport checks were made. The visibility helps to deter crime. • 84 special details were assigned. • 11 miscellaneous assists for law enforcement personnel. • 80 paperwork runs, i.e.: State Attorney's Office, Sheriff s Office, etc. The Volunteers pick up and deliver packages such as council packages, State Attorney documents and miscellaneous items as needed. • Assisted with traffic control on 112 traffic crash scenes. • 408 citizen contacts. • 570 miscellaneous jobs. • 25 Escorts were completed. 166 of 185 School Resource Officers Area/school checks 103 132 3 238 Life Skills classes taught 0 0 0 0 Reports 2 2 2 6 Crossing Guard contacts 2 1 0 3 Mentor lunches - 16 12 2 30 Patrol Hours 40 0 260 300 Communty event hours 0 4 0 4 Communty event hours i Road Patrol Coverage Mentors lunches Crossing Guard contacts Reports Life Skills classes taught Area/school checks 0 50 100 150 200 250 300 Road Patrol and Special Operations • Officers were dispatched to 6,164 calls for service, and self -initiated 3,279 events. • 112 adult and 7 juvenile arrests were made. • 1 Juvenile Civil Citation was issued. • Officers issued 462 citations, 12 parking citations, and 966 written warnings. • Officers completed 597 offense reports and 82 crash reports. Special Operations Citations I Warnings I Incident Reports Arrests K-9 Officers (41/38/59/42) 48 91 5 0 K-9 Unit • K-9 Training Hours: 405 • Misdemeanor Arrests: 0 • Felony Arrests: 7 • Narcotic Searches: 10 • Activity Reports: 1 + K-9 Demonstrations: 4 • Schools Attended: 0 • Additional Training Hours: 40 • Agency Assisted: Indian River County and Brevard County. v June ■ May ■ April 167 of 185 3 Detectives • Quarter Subpoenas Arrests Warrants Training/Meeting Hours Follow -Ups Active Cases Assigned Cases Cleared Cases Inactive Cases Supplements Call Outs Background/CVSA's Call Outs ;&— April May June Totals 4 2 5 11 1 0 1 2 1 2 1 4 13.5 7.5 21.5 42.5 17 16 16 49 19 16 17 52 9 13 7 29 3 7 4 14 17 9 6 32 22 17 13 52 4 3 0 7 3 5 5 13 Supplements Inactive Cases Cleared Cases �.�.. Assigned Cases Active Cases Follow -Ups ; Training/Meeting Hours EL Warrants Arrests Subpoenas N= 0 20 SIU • Quarter Court Order Documents Arrests Warrants TraininglMeeting Hours Follow -Ups Active Cases Officer Intel Crime Stoppers Intel Other Intel Source Cleared Cases Inactive Cases Supplements Surveillance (hours) Agency Assist Pr Series4 Series3 ■ Series2 rr Seriesl 40 60 0 0 0 0 0 0 1 1 0 1 0 1 95 66 81 242 3 2 1 6 5 1 1 2 5 13 11 29 3 2 2 7 3 4 7 14 0 4 1 5 0 0 1 1 5 2 5 12 61 60 54 175 1 0 0 1 168 of 185 4 Surveillance (hours) Inactive Cases Other Intel Source w Jun. Officer Intel r- _ a May Follow -Ups m Apr. Warrants Court Order Documents 0 20 COPE QUARTERLY REPORT ARRESTS WARRANTS TRAINING/MEETINGS (hours) FOLLOW-UPS ACTIVE CASES ASSISGNED CASES CLEARED CASES INACTIVE CASES SUPPLEMENTS SURVEILLANCE (HOURS) 40 60 80 100 2 2 0 4 2 2 0 4 8 10 8 26 4 5 5 14 3 4 3 10 4 5 5 14 4 4 2 10 0 0 0 0 7 10 9 26 15 15 20 50 f. COMMUNITY EVENTS (man-hours) AGENCY OUTREACH EVENTS (man-hours) COMMUNITY MEETINGS (man-hours) SCHOOL RELATED EVENTS (man-hours) PUBLICTRAINING CLASSES (man-hours) REGIONAL OUTREACH (man-hours) PROBLEM ORIENTED POLICING (man-hours) PUBLIC SAFETY CADET ACTIVITIES (man-hours) TRAINING SCHOOLS (man-hours) IN-SERVICE TRAINING (man-hours) SOCIAL MEDIA MANAGEMENT (man-hours) ADMINISTRATION & RESEARCH (man-hours) ROAD PATROL COVERAGE (man-hours) MARINE PATROL & NATURAL RESOURCES {man-hours) MARINE PATROL & NATURAL RESOURCES (arrests) MARINE PATROL & NATURAL RESOURCES (citations/criminal & non) MARINE PATROL & NATURAL RESOURCES (warnings) MARINE PATROL & NATURAL RESOURCES (vessel stops) SCHOOL RESOURCE COVERAGE (man-hours) April 52 12 12 76 17 20 48 85 10 8 9 27 8 9 3 20 10 0 10 20 0 0 0 0 6 2 2 10 4 6 6 16 0 0 0 0 22 15 0 37 4 3 3 9 8 4 5 17 4 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 102 68 8 170 169 of 185 5 Communications Division Disp. Calls For Service 1,780 1,839 1,708 5,327 Officer Initiated Calls 914 1,251 1,185 3,350 Code Enf. Initiated Calls 2,250 2,160 1,531 5,941 Volunteer Initiated Calls 381 743 823 1,947 Calls Entered Into CAD 5,450 6,060 5,319 16,829 911 Calls Received 1004 1006 986 3,060 911 Calls Transferred Out 403 416 367 1,186 911 Hang-up Calls 127 122 144 393 Admin. Calls Received 2,592 2,638 2,348 7,763 Admin. Calls Transferred N/A N/A N/A N/A Outgoing Admin. Calls N/A N/A N/A N/A Training/Meeting Hours 6 6 4 16 911 phone report system is still not working correctly so we still can not run reports from here. All reports before that date are no longer available to as. Training/Meeting Hours Outgoing Admin. Calls Admin_ Calls Transferred Admin. Calls Received 911 Hang-up Calls 911 Calls Transferred Out 911 Calls Received Calls Entered into CAD Volunteer Initiated Calls Code Enf. Initiated Calls Officer Initiated Calls Disp. Calls For Service Crime Scene/Evidence Items Received Evidence Processed In-house Evidence Outsourced Items Returned Items Purged Cars Impounded Video Redaction Hours Videos downloaded/sent CD`s used Supplements Written Evidence Processing Hours Crime Scene Processing Hours Training Hours Call Outs Fingerprints State Attorney Requests Month 3 ■ Month 2 ■ Month 1 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 159 132 136 427 2 3 10 15 56 19 16 91 2 17 15 34 99 0 0 99 0 0 0 0 214 System Down System Down 214 791 339 301 711 118 52 46 216 5 3 3 11 8 12 5 25 12 10 0 22 5 8 2 15 2 3 0 5 1 4 3 8 119 124 91 334 170 of 185 6 Fingerprints Training Hours w Evidence Processing Hours (• CD's used �■ i Video Redaction Hours Items Purged II Evidence Outsourced Items Received 0 200 400 600 800 1000 ■ June ■ May a Apr Code Enforcement Of the 5,977 code calls for the quarter the following is a breakdown of some specific calls made: • Issued 282 written warnings. This ranges from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 118 property inspections for title companies and 48 sign violations. • 404 Code Services. • 373 re -inspections, 52 violations were not complied with, 68 were posted for abatement, and 5 abated by vendors. 254 violations complied. • 0 Liens filed, 0 liens released. a 73 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an attempt to gain compliance. • There were 0 calls for water violations during the 3rd quarter. Alarm Assessment • $220.00 in alarm permits (new and renew). • $100.00 in false alarms fines. • 130 alarm responses by officers, 130 of these were false. • 20 New permits issued. 171 of 185 7 ROADS Asphalt • Put down 3x3 tons of asphalt throughout the City at various road crossing and areas including the new smoking area at the new compound • Filled in various potholes and road edges with 1 pallet of cold patch, millings and road base Concrete • Prepped, formed and poured 10 yards at George St. Park for ADA sidewalk and bench area. • Removed old dock approaches, Pavilion and slab at Twin Piers. Prepped, formed and poured 10 yards for new pavilion slab and dock approaches. Grinding • Preformed sidewalk inspections on IRD, Schumann/Lance area, Englar, Barber St„ Periwinkle areas and ground down all present tripping hazards. • Cut right of ways along Joy Haven • Cut right of ways along Midvale • Cut right of ways along Filbert • Cut right of ways along Melrose Right of Way Mowing • Cut back various vacant lots and sight obstructions from street signs with side arm mower and also by hand when mower went down for repairs. Misc. • Assisted storm water crews with various swale and drainage work. • Assisted sign ship with prepping and striping various road areas • Dismantled shelving at building department • Organized left over construction material from new building in 3rd area of roads/SW equipment bay and assembled shelving. • Mowed all City owned areas and spillways (multiple) • Maintained grounds at new PW Compound (multiple) • Repaired raised lattice stones in Main St. flagpole parking area • Built excavator mats Facilities Maintenance • Maintain City Flags • Maintain and monitor all lift stations • Monthly A/C maintenance all City Buildings • Monthly monitoring and supplies AED stations • Daily maintenance and repairs city bulidings • Monitor C1eanSpace Janitorial • Elevator Inspections (TK Elevators) • City Hall: Elevator repair (TKE) • Annual Fire and Sprinkler tests: ADS • Senior Center: Install Ruud AC unit (Jimmy's) • Police Department: Emergency Lighting • City Hall: Replace second floor refrigerator • Old School: Replace AC Unit #4 (Jimmy's) • Old School: Replace AC Unit # 1 (Jimmy's) • Police Dept.: Air duct cleaning (Star Quality) • Bark Park: Water meter upgrade • Community Center: Upgrade lighting • Riverview Park: Restroom door replacement (CDA) • Schumann Park: Lift station pump replacement (Meeks) • Window Cleaning: (Best Choice) • Yacht Club: Urinal replacement (Maxwell) 172 of 185 Sign ShoD • Signage and Installation: • Created; 27 • Signs Installed: 25 • Signs Straightened: 32 • Signs Cleaned: 7 • Traffic Studies: 7 • GIS Locations: 10 • Decals:22 • Trees Cut by Signs: 32 • Pavement Markings: • Stop Bars:60 • Yellow Line Striping: 158 8 Ln ft. • White Line Striping: 3346 Ln ft. • Parking Lots: 0 • Cross Walks: 7 • Handicap stalls: 2 • ADA Mats painted: 0 • Blue Paint: LN FT.: 0 • Arrows:2 • Special Projects: • Annual Sign inspection Zone 3: 100% completed • Road markings Powerline Rd.: Material ordered • Annual Sign inspection zone 4: 0 completeed • New Projects: • Install RRFBs: 100% completed (Main/Easy)(Main/Powerline) • Stop bars and crosswalks road paint zone 1: 100% completed • Clean and paint ADA mats: 100%completed • Zone 2 stop bars and crosswalks: 25% completed • M.O.T/Special Events 4 • School Lights: 0 • Citizens Request: 4 (4 completed). • Work Orders: 77 (72 have been completed). • Created Signs Breakdown: • Street Signs: 2 • Regulatory:I • Warning:13 • Construction zone warning: 4 • Wayfind:0 • Wildlife:3 • Park:2 • Aviation:2 • Misc.6 Cemetery • Plot layout unit 5 • Routine Mowing, weed eating and edging • Burials 9 • Cremains 10 • Mulch beds and hedges • Fence installation • Trailer repair • Tree Trimming 173 of 185 9 Construction Specialist • Maintenance Garage ;riendship Replace LED light bulbs • Park • Put second coat on pillars • Easy/Main St. • Assist with repair to crossing light • Barber St. and Periwinkle St. Bridge • Deck and hand rail repairs • Airport Offices • LED hallway light conversion • New Compound • Replace exhaust fan belts and filters • Wire and plumb in temporary air compressor and build Gazebo • Barber St. Sports Complex and Maintenance Complex • Football concessions hose bib replace • Install wiring and install air compressor • Fisherman's Warf • Replace door locks • Riverview Park • Trim branches, replace damaged sinks (2) • Sprinkler pump, breaker for sign at US • Schumann Park • Install camera's and drink fountain • Jackson St. and Washington St. • Replace/repair St. lights • Community Center • Led light conversion and install dimmer switch for ceiling fans • Sebastian Dog Park • Install cameras • Yacht Club • Install cameras and light pole • Hardee Park • Install cameras, replace water line • Indian River Dr. • Replace 3 light poles, removed welcome sign and replace light bulbs • Creative Park • Install wiring poles and cameras • Police Dept. • Replace Emergency lights LED emergency lighting, hose bib replacement and replace exterior bulbs • Twin Piers • Prep & paint light poles, set pole for new picnic table (handicap), built picnic table • City Hall • Install new exit signs interior 174 of 185 10 • Blossom St. Park • Water fountain diagnose • Splash Pad • Replace water main piping • Golf Course • Install new ice machine, install water filter • Main St. Boat Ramp • Remount dock ladder Fleet Management: • The Fleet Management Staff completed 225 repair work orders, 28 preventive maintenance services, 5 service calls and 11 road trip to pick up parts. • In addition to in-house work orders, 7 vehicle and equipment repairs were scheduled and completed by outside vendors. • Took delivery of the following units: • 6 Ford Interceptors Marked Vehicles. • Completed the prep (Lights, Rack, Graphics, etc.) on the above vehicle. • Completed Sales on Gov. Deals: $32,167.00. • Fuel Cost as of the P Quarter 2023: • $2.86 per gallon of gasoline. • $3.21 per gallon of diesel fuel. • $2.84 per gallon of diesel fuel off road. LEISURE SERVICES Parks Division • Install mulch at Schumann Park • Re -attach wind screens at the pickleball courts • Remove goal posts from the football field at Barber St. • Install sod at the dog park, community center • Pressure wash the docks at Main St. and Yacht Club • Install and removed old basketball rims at Barber St. Sports complex • Repair fence at the Memorial Park • Maintain areas by spraying WOW • Repair fence at Riverview Park • Install a parking curb at Riverview Park • Installed fencing in the overflow parking for event • Maintain areas by cutting the medians at Barber St. • Repaired the tile by the tennis courts at Friendship Park • Remove the coral reef at Crabby Bills • Install volley ball nets at Riverview Park • Install basketball nets at Schumann Park • Repair fence at Bryant Court, Garden Club and Riverview • Remove graffiti at the skatepark at the Barber St. sports complex • Re -attach the orange fencing on the playground at Easy St. Park • Fill in wash out at the community center • Install bricks at the Memorial Park • Pick up hay for upcoming event • Returned flowers and hay from event • Repair pavers by Tennis courts • Install mulch by the sign on 512 • Opened and closed stage for event • Move falling branches at Schumann Park • Remove old fencing and poles on the overflow parking at Riverview Park • Reinstall parking curves at Riverview Park • Clean up after events at Riverview Park • Install net on one of the courts at the pickle ball courts Recreation Division • Continued city run programs. 175 of 185 11 STORMWATER DEPARTMENT • Rebuilt Main Drainage Ditches • Brought in 150 cy of broken concrete • 700 block Bayharbor Ter. and 700 block of Benedictine Ter. and 1500 block Clearbrook St. • Replaced road crossing pipes • Delmonte & Faith Ter. 40'ofl5" H.D.P.E, Filbert St. 40'of 15" HDPE , Biscayne & RoseArbor 55' of 15" H.D.P.E, Wentworth St. 80' of 42" H.D.P.E • Removed 88cy of debris from road crossing pipe, catch basins and homeowners driveway pipes in new paved street, drainage improvements areas • Front swale area pip 15'x15" H.D.P.E and fix catch basins. • Remove rotten pipe, install 150'of 18" H.D.P.E Citizen Reauest Line • April- 71 Approximately 20 were for Stormwater (28%) 11 Roads,( 15%) 14 general questions (19%), 16 other (22%), 2 signs (02%), Eric (04%) 3 parks (04%) FPL (07%) Includes 2 code, 6 county, 3 not sure (no call back) • May - 111 Approximately 22 were for Stormwater (22%), 09 Roads (09%) ,21 general questions (19%) , and 18 other (23%) 2 Parks (02%) Eric 5 (05%) 6 FPL (04%) WM 24 (22%) Includes 8 county, 9 code, 1 bldg. dept. 5 no call back • June — 145 Approximately 44 were for Stormwater (30%) , 7 roads (04%) 20 General Questions (19%) 2 Signs (01%) 3 Parks (02%) 3 FPL (02%) 5 Eric (03%) WM 34 (23%) 26 Others (18%) Includes 5 Code, 11 county, 5 bldg. dept. 5 no call back • April 2023 — 71 Request • 22 Stormwater: 15 done, 1 on -going, 4 HO to do • 11 Roads: 7 done, 1HO to do, 2 no asphalt, I on -going project • 5 FPL: 5 not done, that I'm aware of they don't always get back to me • 2 code: 2 not done, that I'm aware of, they don't always get back to me • 4 Eric: All done • 11 General Questions: all answered • 4 WM: all answered • 3 building dept.: 1 done • 2 signs: All done (speed study) • 5 county: not sure if county's done, they do not get back to me • 4 Parks: 3 Done, 1 not done • 3 no call backs : did not call back or did not have enough information • May 2023 —111 Request • 22 Stormwater: 17 done, 1 ongoing, 4 HO to do • 9 Roads: 9 Done • 4 FPL: They don't get back with me • 9 code: they don't get back with me • 6 Eric: Done • 21 General questions: done • 2 Parks: done • 24 WM: done • 8 county: they don't get back with me • 1 bldg. dept.: done • 6 no call backs • June 2023 — 145 Request • 43 Stormwater :a few on -going projects but other than that, crew continues to work on request. • 34 WM: all answered • 5 Code: They don't always get back to me • 11 County: they don't always get back to me • 5 Eric: done • 3 FPL: They don't always get back to me 176 of 185 12 • 20 General Questions: done • 3 no call backs • 3 Parks: done • 7 Roads: 6 done, 1 no asphalt • 3 FPL: • 5 Building Dept.: done • 2 Signs: done • 5 no call backs • Insnection TVDe Insaection # Passed Failed Conditional Final Engineering 449 171 77 1 Drainage Pipe Elevation 173 167 6 0 Driveway 224 179 45 0 Pre -Sod 159 95 28 0 Erosion Control Barrier 123 95 28 0 Final 12 0 3 0 GOLF COURSE • Revenue 22-23 21-22 Difference 3rd Quarter Rev. $397,439 $383,386 +$14,053 YTD Tot. Rev. $1,648,214 $1,492,119 +$150,095 3rd Quarter Rounds 14,357 14,630 -273 YTD Tot. Rds. 48,228 47,779 +449 3rd Q. Green Fee $142,259 $143,215 -$956 3rd Q. Cart Fee $201,548 $187,683 +$13,865 3rd Q. Annual Member $1,258 $2,876 -$1,618 YTD Ann. Mem. $143,038 $87,746 +$55,292 3rd Q. USGA Hdcp. $168 $396 -$228 YTD USGA Hdcp. $5,496 $3,806 +$1,690 3rd Q. Disct. Card $393 $669 4276 YTD Disct. Cd. $48,636 $35,933 +$12,703 3rd Q. Driving Range $12,674 $15,075 -$2,401 YTD Dr. Rge. $51,105 $55,104 43,999 3rd Q. Club Rental $931 $693 +$238 3rd Q. Golf Shop Retail $28,580 $30,005 41,425 3rd Q. Retail COST ($16,986) ($18,328) 3rd Q. Golf Shop Profit $11,594 $11,677 -$83 3rd Q. Golf Shop Margin 40.57% 38.92% YTD Shop Retail $104,740 $89,985 +$14,755 3rd Q. PGA Pro Lesson $1074 $756 +$318 YTD Lesson $1,796 $2,619 -$823 3rd Q. Restaurant Rent $7,500 $7,500 $0 YTD Rest. Rent $22,500 $22,500 $0 *3rd Q. Rain amount 14.65" 11.72" +2.93" *Data obtained from weather underground.com Comments *80 new Club Car golf carts arrived (early) near end of June 2023, complete with full GPS features and cart control, which does not allow customers to operate golf cart too close to greens, tees and other areas that should be off-limits to golf carts. Within days, turf quality around greens began to show signs of improvement and less turf compaction from golf carts. *New Manitowoc ice machine installed. *Range netting project completed, entire range received new netting (173 mph wind -load) and new hardware. Driving range was closed for two weeks due to range netting project. *Special events for 3rd Quarter included Indian River Airboat Club/Florida Youth Hunt (120 players), St. Sebastian/Knights of Columbus (92 players), Palm Bay Moose Club (80 players), Barefoot Bay Traveling Golf League (multiple days) & The Palm Bay Golf Association (28 players). All weekly leagues had good numbers in participation and frequency. *Golf Course grounds in very good shape, after May aeration, greens were somewhat slow to comeback, however, IGM staff responded with extra efforts and greens were completely healed by first week of June. 177 of 185 13 AIRPORT • Maintenance and cleaning of AWOS • Serviced gate chains on all gates. • Removing pepper trees around perimeter of airport fence • Chaperoned sub- contractors around airport for camera repairs • Cleaned and grease all 4 flags • Trimmed all shrubs around hangars and main building • Cleaned all storm drain pipes in air field • Made repairs to some of the fence around the airport • Helped dig up and remove contaminated dirt from plane crash • Replaced batteries in golf carts BUILDING FUND • In the third quarter of this fiscal year, a total of 61 new single-family homes were issued building permits. The number of new single family homes has increased by more than 50% compared to the second quarter of this fiscal year. The large increase is attributed to many of the older applications that were on hold because of environmental issues being resolved to where the permits could be issued. Other permits of significance include 0 new manufactured homes, 0 new commercial buildings, 1 commercial addition, 5 commercial alterations, 1 commercial build out, 1 residential addition and 136 residential alterations. In all, 1073 building permits were issued in the third quarter. Over all permitting increased by roughly 12%. • Total number of inspections for the third quarter was 3625 for an average of 57 building inspections per working day. The number of inspections for the third quarter stayed roughly the same as the second quarter. • The number of Certificates of Occupancy issued for the third quarter included 61 new single family residences, 0 manufactured homes, 0 commercial certificate of occupancy, 3 commercial temporary certificate of occupancy and 3 commercial certificates of completion. • The following lists the Business Tax Receipt activity for the third quarter: new businesses-37, renewals-52, transfers-4, duplicates-2, home based businesses-19, commercial businesses-18, insurance companies-0, vacation rentals-0 and solicitor registrations-1. There were 104 new Contractor registrations. In addition, there have been 83 requests for permit records on properties within the city from lien/title companies. • During the third quarter the overall permitting and number of inspections has remained roughly the same as the second quarter. Single family permit activity had a spike upward due to permits that were on hold were able to be issued once the environmental issues were resolved. These increases should continue with the expected future development on the horizon. The building department renovation has begun and is in active progress. 178 of 185 14 SEBAST" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 8, 2023 Agenda Item Title: City Council Approval of Resolution R-23-17 Rescinding Resolution. R-18- 22 Regarding "No Through Trucks Zone" and approval to remove "No Through Trucks Zone" signs citywide Recommendation: Staff Recommends Approval of R-23-17 which rescinds Resolution R-18-22 as well as approval to remove all citywide "No Through Trucks Zone" signs to comply with Florida Department of Transportation's Manual on Uniform Traffic Control Devices Background: As stated on the Florida Department of Transportation's (FDOT) website, "in accordance with Section 316.0745 of Florida Statutes, the Florida Department of Transportation has adopted the U.S. Department of Transportation, Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) by Rule 14-15.010, F.A.C.. The MUTCD is a compilation of national standards for all traffic control devices, including road markings, highway signs, and traffic signals." It is imperative that the City of Sebastian follow these outlined regulations. Related to recent Citizen Requests our Road Division Sign Shop has reviewed the MUTCD regulations regarding "No Through Trucks Zone" signage within the City. We have found that we are not currently meeting the MUTCD standards per these signs and recommend removal of all "No Through Trucks Zone" signs in order to be compliant. Per the MUTCD excerpt included in the attachment, all signage must be clearly stated for driver understanding as well as enforcement. In order for our signage to be compliant we would need to add additional notes and rules regarding gross vehicle weight and the limits per each roadway. In order to enforce those regulations we would need at least two Sebastian Police Officers to be trained as a motor carrier officer as well as purchase scales in order to weigh the commercial vehicles. The training is an extensive and costly process that would not be possible at this time. Therefore we are requesting the rescission of Resolution R-18-22 regarding "No Through Trucks Zone" as related to South Easy Street between Englar Drive and South Wimbrow. With City council approval we will remove all sixteen (16) "No Through Trucks Zone" signage citywide, including signs related to R-23-17 and within the remainder of the City limits. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Not Applicable Total Cost: $0 Funds Utilized for Appropriation: None Attachments: 1. Resolution R-23-17 Rescinding Resolution R-18-22 2, Section 2B.36 Selective Exclusion Signs Excerpt from MUTCD 3. Citywide Map of existing "No Through Trucks Zone" si age Administrative Services Department Review:` City Attorney Review::' Procurement Division Review, if applicable: N/ City Manager Authorization: Date: X/3101D),3 =,4 179 : f185 RESOLUTION NO. R-23-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE RESCISSION OF RESOLUTION NUMBER R-18-22 REGARDING "NO THROUGH TRUCKS ZONE" AND APPROVAL TO REMOVE "NO THROUGH TRUCK" SIGNS CITYWIDE; PROVIDING FOR AND IMPLEMENTING ACTIONS RELATING THERETO; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENERS' ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian adopted Resolution Number R-18-22 on September 12, 2018, designating a certain roadway within the City limits of the City of Sebastian as a "No Through Trucks Zone"; and WHEREAS, that certain roadway is currently designated with City signage which reads "No Commercial Traffic"; and WHEREAS, throughout the City multiple roadways have been designated as "No Through Truck Zones" at the requests of citizens of the City of Sebastian; and WHEREAS, as stated on the Florida Department of Transportation's (FDOT) website, "in accordance with Section 316.0745 of Florida Statutes, the Florida Department of Transportation has adopted the U.S. Department of Transportation, Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) by Rule 14-15.010, F.A.C.. The MUTCD is a compilation of national standards for all traffic control devices, including road markings, highway signs, and traffic signals;" and WHEREAS, the City of Sebastian is obligated to comply with the FDOT regulations in accordance with Florida law related to signage within the City limits; and WHEREAS, in order to comply with the outlined regulations, the current signage in place on City roadways relating to posted "No Through Truck Zones" which are not in compliance with the MUTCD standards must be removed in order to achieve compliance; and 1 ISO of 185 WHEREAS, in order to comply with applicable law, rescission of Resolution R-18-22 is necessary at this time as well as City Council direction to remove approximately sixteen (16) "No Through Trucks Zone" signage citywide, including signs related to R-23-17 and within the remainder of the City limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS AND INTENT. (a) The City Council of the City of Sebastian hereby adopts and incorporates into this Resolution the recitals (Whereas Clauses) set forth herein as the legislative and administrative findings and intent of the City Council. (b) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising this Resolution. SECTION 2. RESCISSION OF RESOLUTION NUMBER R-18-22 AND APPROVAL TO REMOVE "NO THROUGH TRUCK" SIGNS CITYWIDE (a) Resolution Number R-18-22 is hereby rescinded. (b) The City Manager is directed to remove the existing sixteen (16) "No Through Trucks Zone" signage citywide, including any signs related to R-23-17 and within the City limits. SECTION 3. SAVINGS. All prior actions of the City of Sebastian relating to matters contained herein as any and all related matters relating thereto, are hereby ratified and affirmed to the extent not superseded by the actions taken hereby. SECTION 4. CONFLICTS. All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. 2 181 of 185 SECTION 5. SCRIVENERS ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 6. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. PASSED AND ADOPTED this ATTEST. Jeanette Williams, City Clerk 3 day of August, 2023. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Fred Jones, Mayor Approved as to form and Legality: Jennifer Cockcroft, Esq., City Attorney 182 of 185 Manual on Uniform Traffic Control Devices (MUTCD) Back to 2003 Rev.1 Table of Contents I Back to Part 2 Table of Contents Chapter 213. Regulatory Signs Page 11 21314 Section 213.34 DO NOT ENTER Sign (R5-1) Search MUTCD Site: 4 Standard: The DO NOT ENTER (115-1) sign (see Figure 213-9) shall be used where traffic is prohibited from entering a restricted roadway. Figure 2B-9 Traffic Prohibition Signs I,prasH a,m c,snmn,sb.. iEP"L[i IaiE�41 111 tEE 11 Z Rnn•�al� CYCIF ryIOXWG DITA rK— ia�ati� rurlma �n-eu Guidance: The DO NOT ENTER sign, if used, should be placed directly in view of a road user at the point where a road user could wrongly enter a divided highway, one-way roadway, or ramp (see Figure 25-10). The sign shoull be mounted on the right side of the roadway, facing traffic that might enter the roadway or ramp in the wrong direction. If the DO NOT ENTER sign would be visible to traffic to which it does not apply, the sign should be turned away from, or shielded from, the view of that traffic. Option: The DO NOT ENTER sign may be installed where it is necessary to emphasize the one-way traffic movemen on a ramp or turning lane. A second DO NOT ENTER sign on the left side of the roadway may be used, particularly where traffic approaches from an intersecting roadway (see Figure 213-10). Fiqure 213-10 Example of Wrong -Way Signing for a Divided Highway with a Median Widith of 9 m (30 ft) or Greater 183 of 185 sa♦rr.MFr� A.qw✓#In'e1'�TRy'rMY.�OtMWlll�rq w� r wrw. wawi.n�. pr A w a�rN. 1 1� 0 ® Section 213.35 WRONG WAY Sign (R5-1a) Option: The WRONG WAY (R5-1a) sign (see Figure 26-9) may be used as a supplement to the DO NOT ENTER sign where an exit ramp intersects a crossroad or a crossroad intersects a one-way roadway in a manner that does not physically discourage or prevent wrong -way entry (see Figure 26-10). Guidance: If used, the WRONG WAY sign should be placed at a location along the exit ramp or the one-way roadway farther from the crossroad than the DO NOT ENTER sign (see Section 2E.50). Section 2B.36 Selective Exclusion Signs Support: Selective Exclusion signs (see Figure 2B-9) give notice to road users that State or local statutes or ordinani exclude designated types of traffic from using particular roadways or facilities. Standard: If used, Selective Exclusion signs shall clearly indicate the type of traffic that is excluded. Support: Typical exclusion messages include: A. No Trucks (R5-2); B. NO MOTOR VEHICLES (R5-3); C. COMMERCIAL VEHICLES EXCLUDED (R54); D. TRUCKS (VEHICLES) WITH LUGS PROHIBITED (R5-5); E. No Bicycles (R5-6); F. NON -MOTORIZED TRAFFIC PROHIBITED (R5-7); G. MOTOR -DRIVEN CYCLES PROHIBITED (R5-8); and H. Hazardous Material Prohibited (R14-3) (see Section 2B.52). Option: Appropriate combinations or groupings of these legends into a single sign, such as PEDESTRIANS BICYCLE! MOTOR -DRIVEN CYCLES PROHIBITED (R5-10a), or PEDESTRIANS AND BICYCLES PROHIBITED (R5-10b) m be used. Guidance; If an exclusion is governed by vehicle weight, a Weight Limit sign (see Section 2B.49) should be used inste of a Selective Exclusion sign. The Selective Exclusion sign should be placed on the right side of the roadway at an appropriate distance from the intersection so as to be clearly visible to all road users turning into the roadway that has the exclusion. The PEDESTRIANS PROHIBITED (R5-10c) or No Pedestrian Crossing (R9-3a) sign should be installed so as to be clearly visible to pedestrians at a location where an alternative route is available. Option: The NO TRUCKS (R5-2a) sign may be used as an alternate to the No Trucks (R5-2) symbol sign. The PEDESTRIANS PROHIBITED (RS-10c) or No Pedestrian Crossing (R9-3a) sign may also be used at underpasses or elsewhere where pedestrian facilities are not provided. 184 of 185 C om Iyo � � z L6 &■