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08-23-2023 CC Agenda
kill k'f HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 23, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MCI Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. INVOCATION - Deacon Bob Quinnell, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE — Council Member Dixon 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council G. 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. City of Sebastian Police Department Civilian Employee of the Year Deborah McGruder B. City of Sebastian Police Department Officer of the Year, Corporal Ritchie Revis C. Congratulations to Vice Mayor Christopher Nunn for Achieving the Gold Certificate of Excellence from the Florida League of Cities University D. Proclamation — International Overdose Awareness Day, August 31, 2023 Michele Buldo, Director, SAFIR Coalition Substance Awareness Center BriefAnnouncements: Monday, September 4, 2023- Labor Day Holiday — City Hall Closed Monday, September 11, 2023 - Patriot Day Observance at Veterans Memorial at Riverview Park — 8: 30am 1 of 271 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. 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 6-9 A. Approval of Minutes — July 26, 2023 Budget Workshop pgs 10-19 B. Approval of Minutes — July 26, 2023 Regular Meeting pgs 20-26 C. Approval of Minutes — August 8, 2023 Regular Meeting pgs 2 7- 68 D. Approval to Award Invitation to Bid #23-13 for Re -Roofing of the Senior Center (Transmittal, Agreement, Bid Response, Bid Tab) pgs 69-78 E. Snow's Space Coast Superior Events — Halloween Boo -Bash (Transmittal, Application, Insurance, Receipt) pgs 79-88 F. Snow's Space Coast Superior Events — Kris Kringle Market (Transmittal, Application, Insurance, 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. 10. PUBLIC BEARINGS - None 11. UNFINISHED BUSINESS pgs 89-112 A. City Council Discussion and Direction on Draft FY 2023-24 Budget and Capital Program in Advance of Scheduled Public Hearings (Transmittal, PPT) (Draft Budget - https://www.cityofsebastian.org/DocumentCenter/View/2103/Fiscal- Year-2023 -2024-Draft-Budget-Dated-July-7-2023?bidld=) 12. NEW BUSINESS pgs 113-116 A. Discussion on the Location and Installation of a Gold Star Family Monument at the Veteran's Memorial at Riverview Park (Transmittal, Letter, Design, Location) 2 of 271 pgs 117-157 B. Resolution No. R-23-18 — Authorizing the City Manager to Execute the FDOT Public Transportation Grant Agreement (PTGA) for the Design and Reconstruction of the Alpha Taxiway Parking Aprons (Transmittal, R-23-18, PTGA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTS.', FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) FM445975-1-94-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE "DESIGN AND RECONSTRUCTION OF TAXIWAY ALPHA PARKING APRONS" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 158-162 C. Approval of CSA #21-03 with Kimley-Horn and Associates, Inc. to Provide Design and Construction Plans for the Riverview Park/Harrison Street Redevelopment Project (Transmittal, CSA#03) pgs 163-260 D. First Reading Ordinance No. 0-23-09 — Petition for Voluntary Land Swap — 0.07 Acre Parcels, 600 Schumann Drive (Transmittal, 0-23-09, Agreement, Attachment) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE EXCHANGE OF PARCELS PURSUANT TO SECTION 2-93, CITY OF SEBASTIAN CODE OF ORDINANCES, REGARDING THE CONVEYANCE OF A 2,985.10 SQUARE FOOT PARCEL FROM SCHUMANN ROAD INDIAN RIVER, LLC TO THE CITY IN EXCHANGE FOR THE CONVEYANCE OF A 2.977.20 SQUARE FOOT PARCEL FROM THE CITY TO SCHUMANN ROAD INDIAN RIVER, LLC; DESCRIBING EACH PARCEL; FINDING THE TERMS AND CONDITIONS OF THE EXCHANGE OF PARCELS TO BE IN THE PUBLIC INTEREST; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 261-263 E. Determination to Proceed — Alternative Cell Tower (Light Pole) 60' in Height — Barber Street Sports Complex (BSSC) (Transmittal, Aerial, Elevation) pgs 264-270 F. City Manager Employment Agreement (Transmittal, Agreement) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS pgs 271 A. Discussion of Top Priorities for Joint Meeting Between the Indian River County Board of Commission and Sebastian City Council (List) B. Discussion of the Strategic Plan RFP Scope 15. CITY CLERK MATTERS 3 of 271 16. CITY COUNCIL MATTERS A. Mayor Jones B. Vice Mayor Nunn C. Council Member Dixon D. CounciI Member Dodd E. Council Member McPartlan 17. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour- by a majority vote of City Council) NO STENOGRAPHIC RECORD BYA 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 SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: httos://usO2web.zoom.us/i/87985696294 Or One tap mobile: +13052241968„87985696294# US +13092053325„87985696294# US Webinar ID: 879 8569 6294 International numbers available: https://us02web.zoom.us/u/kckIrdaCkv 4 of 271 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular City Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 271 SEBAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL FY 2023-2024 BUDGET WORKSHOP MINUTES WEDNESDAY, JULY 26, 2023 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Budget Workshop to order at 5:02 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: Interim City Manager Brian Benton Administrative Services Director/CFO Ken Killgore City Attorney Jennifer Cockcroft City CIerk Jeanette Williams Building Official/Fire Marshal Wayne Eseltine Community Development Director/CRA Manager Lisa Frazier City Engineer/Public Works Director Karen Miller Human Resources Director Cindy Watson Airport Manager Jeff Sabo Golf Pro Greg Gardner MIS Manager Barbara Brooke -Reese Police Chief Dan Acosta FY 2023-2024 RECOMMENDED BUDGET 23.105 A. Budget Overview — Chief Financial Officer Ken Killgore The Chief Financial Officer displayed a PowerPoint presentation explaining the special revenue funding sources of the City to include: -American Recovery Act Funds which has to be spent on major infrastructure projects that will assist with the economic recovery from the pandemic 6 of 271 City Council Budget Workshop July 26, 2023 Page 2 5:14 pm -Local Option Gas taxes have to be spent on transportation expenditures that can be operational and maintenance or for capital improvements such as street repaving -Discretionary Sales Taxes are restricted to infrastructure additions or upgrades -Community Redevelopment Agency funds are restricted to expenditures that will increase the tax base within that system. -Recreation Impact Fees are from residential properties and must be used on things that add to the park system -Parking in Lieu of Fund is for those developers that cannot make the parking requirements so they can buy into an amortization of the cost of future parking spaces -Stormwater fees are for the operation of the stormwater system -Law Enforcement Trust funds are intended for police operations and each disbursement must be authorized by the City Council -Cemetery Trust funds are used for operations and the expansion of the cemetery He said Special Revenue fund expenditures are typically assigned project numbers and accounted for in the Capital Projects Fund to better track the project cost. The general revenues account for the unrestricted funds that come into the City to cover operations. The Enterprise Funds such as the Golf Course Fund and the Building Department Fund are intended to be self -supported. He said there will be a workshop meeting to cover all of the aspects of the budget in more detail. Council Member Dodd said on page 185, there is $3M of the reserves to self -insure the docks and then in 2025/2026 it drops to $250,000, he asked if there was some event he was expecting. The Chief Financial Officer said his purpose was to counter an increase they have on the premium for the docks. The amount of coverage the City would receive if the docks were destroyed, we would only gain $1.2M so he was trying to have a $3M self-insurance account. Two years from now, it can be reduced to $250,000 from General Fund to take care of a storm without significant damage and then set aside the $3M in the Discretionary Sales Tax Fund. Council Member Dodd thanked him for his presentation. The Chief Financial Officer explained that if FEMA previously repaired the docks we are required to keep the docks insured or else we would have to reimburse FEMA for the first claim. 7 of 271 City Council Budget Workshop July 26, 2023 Page 3 Update from the Human Resources Director The Human Resources Director advised the City has been a member of the AARP Senior Community Service Employment Program since 2016 and it is program to help seniors get introduced into the workplace. For a person to qualify they must be 55 years or older, unemployed, live in Indian River County and meet the federal income guidelines of $18,225 or less. She said she has conducted a couple of interviews and those individuals need to improve their qualifications and come back in for a revaluation. For anyone interested, she provided the AARP Foundation's phone number, (321) 956-1444. She also advised that she is currently working on the City handbook and hopes to have it out before October 1 st Council Member McPartlan noted that works out to about $200 a week which is a benefit for those only earning $1,500.00 a month. Council Comments Council Member Dodd noted the City is currently $4,000.00 behind the starting salaries for police officers and if we don't catch up we won't be able to hire and retain officers. He requested consensus to increase the salaries of the police and non -police union. Mayor Jones said he agreed, it was needed to maintain their level of service. There was a consensus to have the City Manager work on increasing employee salaries. With regard to the Police Department's request for an indoor firing range, Council Member Dodd asked if they could partner with another organization in building and operating a range because if they open it to the public, it will be a half million a year to operate it. He asked if they could push the project out a year to plan. The Police Chief explained they have pushed the project out to FY 2025/2026 to plan and intend to use current certified staff to instruct the training and take care of the facility. He said the problem they are running into is when Sebastian would like to schedule training at one of the other facilities, they must schedule around that organization's schedule. Each officer must have access to a range to train as often as they can to make sure they are proficient. He said they could consider opening it to the public to make money to cover costs. Mayor Jones asked if they went to rolled back taxes, they would be looking at a $846,000 shortfall. The Interim City Manager said that was correct. Council Member Dodd asked if there could be money added this year and next for the Natural Resources Board to support their Sustainable Sebastian elements. The Interim City Manager said there is $15,000 for Low Impact Development plantings in the budget for this year and more could be added if they feel it is necessary. Council Member Dodd said in the Capital Improvement Program (CIP), the working waterfront expansion involves expanding the dock space and asked if there was anything 8 of 271 City Council Budget Workshop July 26, 2023 Page 4 for the Hurricane Harbor building. The Community Development Director said she did put $50,000 under consultant in the CRA budget to look at that site to determine what we want to do. Council Member Dodd asked if they should put a line item in the CIF for the building. The Community Development Director said since the CRA Master Plan is presented, they would move forward and include the entire site to pursue grants and legislative appropriations for this site adding up to $120,000 (for a total of $170,000 for the site). Council Member Dodd said he would like to recognize that in 2024/2025 and then 2025/2026, they will be spending a half a million/million for that building but it isn't recognized in the five year plan. The Interim City Manager cautioned that is included in the working waterfront expansion but they haven't decided what is going to happen with the building. Council Member Dodd asked if the $1.5M is sufficient to cover dock space and what they need to do with building. The Community Development Director said they were hopeful and noted they will be pursuing other grant dollars. Council Member Dodd asked the City Engineer if the money for the street work includes the swale work and repair. The Interim City Manager explained it is in the street reconstruction and the street repaving but won't be shown as a separate cost. Public Input Nathan McCollum said in the PowerPoint presentation, it was mentioned that the stormwater fee would need to be increased but it did not mention how much. The Interim City Manager said staff s recommendation was to increase the fee next fiscal year but the Citizens Budget Review Advisory Board made a recommendation to raise the fee this fiscal year $2.00. Mr. McCollum asked if the budget included the income of the 3% franchise fee for Waste Management. Council Member Dodd explained that the City is not collecting that for the next 15 months; after that Council would need to discuss if the franchise fee should be paid in October 2024. Grace Reed said later in the Council meeting she will have comments regarding the millage rate. 6. Being no further business, Mayor Jones adjourned the Budget Workshop at 5:57 p.m. Approved at the August 23, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 9 of 271 On "i SEq,AmSmsT=." HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, DULY 26, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular meeting to order at 6:07 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: Interim City Manager Brian Benton City Attorney Jennifer Cockcroft Administrative Services Director/CFO Ken Killgore City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Pro curement/Contracts Manager Don Wixon Human Resources Director Cindy Watson Airport Manager Jeff Sabo Police Chief Dan Acosta 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Vice Mayor Nunn announced the Sebastian River Area Chamber of Commerce's Grill Out Night would be August 11 from 5:30 to 8:30 p.m. 7. PUBLIC INPUT - None 8. CONSENT AGENDA 10 of 271 Regular City Council Meeting July 26, 2023 Page 2 A. Approval of Minutes — July 12, 2023 Regular City Council Meeting 23.118 B. Approve Road Closures, Use of Riverview Park, and Use of the Mobile Stage (Without Fees) for the Sebastian River High School Homecoming Parade on October 20, 2023 (Transmittal, Application, Agreement) 23.119 C. Approve a New Lease Amendment for Fishe Flying Corp., Attaching the Operation of Airport Fueling Equipment to the Hangar C Lease at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Amendment, Lease) 23.120 D. Approve an Assignment to Change the Named Lessee for the "80 Taxiway Drive" Lease from Fishe Flying Corporation to EuroAir Consultants, LLC at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents) 23.121 E. Approve Alcoholic Beverages for the Torres Family Event at the Community Center on August 12, 2023 from 8:00 a.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.122 F. Approve Alcoholic Beverages for the Lazzari Family Event at the Community Center on August 19, 2023 from 12:00 p.m. to 6:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve consent agenda items A-F. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS Vice Mayor Nunn said this past week at the Affordable Housing Committee they reminded people that assistance is available through the State Housing Initiative Partnership Program to fix up your home or purchase a new home. Mayor Jones said at the recent Elected Officials Oversight Committee it was discussed that ever since COVID, the school district still has 1,200 children being home schooled which provides a lot of space in the schools right now. 23.123 A. Natural Resources Board (Transmittal. Anulications. List. Advertisement) 11 of271 Regular City Council Meeting July 26, 2023 Page 3 i. Fill Three Expired Regular Member Positions — New Terms to Expire July 1, 2026 MOTION by Council Member Dodd and SECOND by Mayor Jones to reappoint the existing three members for another term. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 Council Member Dodd noted there is still an opening for an alternate member position. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 23.105 A. Set the Proposed Millaee Rate for FY23/24 at 3.0503 and Direct the Citv Manager to Execute and Submit the Reauired Forms (Transmittal, PPT, Draft Budaet: httns://www. citvofsebastian.or2/DocumentCenter/View/2103/Fiscal-Year-2023 - 2024-Draft-Budp-et-Dated-Julv-7-2023?bidId= The Interim City Manager announced that staff was recommending to set the proposed millage rate for FY23/24 at 3.0503. The Chief Financial Officer explained this process is required every year and cautioned that if they go higher than what is proposed, they would have to notify all of the residents by first class mail. He said the budget included a 5% pay increase for all employees; a 10% increase for the health insurance; and seven full time positions leading to a needed 3.0503 millage, which is 5% above this year's rate of 2.9050. (See PowerPoint presentation attached.) Council Member McPartlan said in looking at the City, there are some areas that have been neglected and he would like to set the millage rate at 3.1955 which will raise $295,000 with a 21.6% increase. Council Member Dodd stated that within the organizational efficiency program there are additional staffing positions as well as money to accomplish a strategic plan to enhance what we have been doing in the past. He said he was not uncomfortable remaining with the 3.0503 rate. 12 of 271 Regular City Council Meeting July 26, 2023 Page 4 Council Member Dixon asked if there were competitive salaries for all staff included in this budget. The Interim City Manager explained at this point anything above or beyond the presented budget would require a cut in the existing budget or an increase millage or the utilization of reserves. Council Member Dixon suggested they could propose a buffer to give time to figure out where they need to be with the salaries. Vice Mayor Nunn said he agreed, flexibility could be provided and he wasn't opposed to the rate proposed by Council Member McPartlan. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to put the proposed millage rate at 3.1955 and direct the City Manager to execute and submit the required forms. Council Member Dixon reiterated this was to provide a cushion until they figure out what to do with the staff. Public Input Grace Reed, Sebastian, said she agreed with Council Member McPartlan to have the higher proposed rate to give a cushion. Terry McGinn suggested they take the language of a 16.5% tax increase and bury it someplace because on social media everyone is talking about a "16% tax increase." Vice Mayor Nunn asked what the total budget number was and how much comes from ad valorem taxes. The Chief Financial Officer responded ad valorem, franchise fees and utility taxes are 90% of the funds we receive in the general revenue funds. Council Member Dixon pointed out that when they let the roads deteriorate, it costs more to fix them than if they maintained them. She didn't think it was too much to ask for the tax increase. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.124 B. Approve a Budget Amendment for the American Rescue Plan Fund to Reallocate $750.000 Authorized for Schumann Drive to the Road Improvements Project and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal, Balance Schedule) The Interim City Manager said the City was allocated $3.3M from the American Rescue Plan and City Council allocated $750,000 of the funds to the Schumann Drive Stormwater Project, however, to expedite some of the paving plans, staff is requesting to reallocate those funds and add them to the $500,000 road improvement funds for a total 13 of 271 Regular City Council Meeting July 26, 2023 Page 5 of $1.2M out of the American Rescue Plan funds. He noted the Schumann Drive would then be paid from the DST funds in FY24. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve a budget amendment for the American Rescue Plan Fund to reallocate $750,000 previously authorized for the Schumann Drive Road Improvement Project. There was no public input. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.125 C. Approve Price Increases for Ranger Construction Industries, Inc.'s Roadway Paving Contract (RFP #19-03) (Transmittal, Bid Sheet, Revised Pricing, Contract Excerpt) The Interim City Manager said in 2019 the City put out a RFP for roadway paving which was awarded to Ranger who was not able to meet the CPI index based on the 2019 contract. He noted if the City goes out to bid again today, we would not see the same price as what is proposed today in the agenda backup. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve the price increases in the paving contract for Ranger Construction Industries. There was no public input. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 23.126 D. Approve Price Increases for Asphalt Paving Systems, Inc's Roadway Paving Contract (RFP #19-03) (Transmittal, Revised Pricing, Bid Sheet, Contract, Kissimmee Prices) The Interim City Manager said this item was similar to the previous item and clarified that on page 123 it seems that pages are missing from the Kissimmee contract but only that page was intentionally included to show there was an actual agreement. There was no public input. 14 of 271 Regular City Council Meeting July 26, 2023 Page 6 MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve the price increase for the Asphalt Paving System's contract. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.112 E. Approve the Road Rehabilitation Plans for FY2022-2028 and Authorize the Citv Manager to Execute the ADorovriate Documents for the Road Work Planned in Fiscal Years 2022 and 2023 (Transmittal. Plans. Price Comparisons. Quotes) The Interim City Manager said this was the plan for FY2022-2028 incorporating the Pavement Management Systems plan approved at the last meeting and he requested approval to use the funds to complete the FY2022 and 2023 portion. He said the plans would be placed on the website but cautioned the plans may alter a little as they move forward. Council Member Dodd reminded everyone that they are still at the mercy of the supply line. The Interim City Manager pointed out that the contracts are the same as approved in 2019; they are just approving scheduled prices for 2022-2023. There was no public input. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve the road rehabilitation plans for FY2022-2028 and authorize the City Manager to execute the appropriate documents. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.127 F. ADDrove FDEP 2023 Resilient Florida Grant Agreement #23PLN17 to Conduct a Comprehensive Vulnerabilitv Assessment Update Pursuant to Section 380.093, FS and Authorize the Citv Manager to Execute the ADoropriate Documents (Transmittal. Ex. A. Contract) The Interim City Manager said this was the acceptance of a FDEP grant that will allow the City to complete an assessment required by Florida statutes. 15 of 271 Regular City Council Meeting July 26, 2023 Page 7 MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the FDEP 2023 Resilient Florida Grant Agreement #23PLN17 to conduct an assessment update. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.127 G. Approve CSA #21-01-KHA-01 Kimlev-Horn and Associates. Inc. to perform Sebastian's Coastal Resilience Plan Update in accordance with FDEP FY 23 Coastal Resilience Grant and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal, CSA#1, Ex. A) The Interim City Manager said the Community Development Director did a great job in obtaining the funds to conduct this assessment. Council Member Dodd noted the tasks are not due until May 30, 2026 and asked if they were rolling this into a bigger plan. The Community Development Director said the City Engineer was the one that actually put the grant together and they would be working with the County in updating the Local Mitigation Strategy plan. She also explained that the federal government usually gives longer periods to get things done but they would not be taking that long. Council Member Dodd said with the last resiliency plan there was issue with the rising water levels on Indian River Drive and if that turns out to be consistent there might be some things they need to do before 2026. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve CSA #21-01 with Kimley-Horn and Associates to perform the Coastal Resilience Plan Update. There was no public input. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.128 H. Accept the Lease Termination from Indian River State Colleae (IRSC) for Their Usage of Classroom and Administrative Space at the "Historic Old Sebastian Elementary School" Effective Immediately (Transmittal, Aareement, Letter) The Interim City Manager said the college informed the City months ago that they would be pulling their operations out of the building and have vacated the premise. He asked 16 of 271 Regular City Council Meeting July 26, 2023 Page 8 Council to accept the termination effective immediately to allow staff to speak to others that would like to move in. There was no public input. MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to accept the lease termination with Indian River State College effective immediately. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS — None i[�41 111 u : ► : 11 019 The Interim City Manager thanked the Chief Financial Officer and staff for their hard work in putting together the budget. He said he has spoken to the County Administrator regarding a potential timeline for the joint meeting. He will be reaching out to each of them to get their requests and he will bring back the items at the 2nd meeting in August. He said he has also been asked by the County Administrator if the City would be interested in partnering anchor limitations in the Sebastian area waterways, noting there would be benefits to the City if this was done. It was the consensus of Council to join in the partnership. 15. CITY CLERK MATTERS It was discussed that the next Council meeting was rescheduled to Tuesday, August 8`h. 16. CITY COUNCIL MATTERS A. Council Member Dodd Council Member Dodd said when they offered Brian Benton the Interim City Manager position, he had in his mind several things he was looking for and he is extremely satisfied with Mr. Benton's performance. He has been well received by staff, he's done a great job with the budget and has done an overall great job. He asked Council for their consensus to direct the Mayor to draw up a contract offering him the permanent position. Vice Mayor Nunn and Council Member Dixon agreed. 17 of 271 Regular City Council Meeting July 26, 2023 Page 9 Council Member McPartlan said he has been very happy with Brian and considers him a great idea guy. In discussing the contract, he would not like there to be any undue hardship on Brian or his family because he doesn't live in Sebastian. Council Member Dodd asked the Mayor if he would like Council input at a meeting or could he go forward with a contract. Mayor Jones responded that he pretty much has a contract but they would have to discuss the residency requirement. Vice Mayor Nunn said Mr. Benton is doing an amazing job, better than he could have imagined. He said Mr. Benton is invested in the community and it would be a crazy time to force him to buy a house here. Council Member Dixon said Mr. Benton is a breath of fresh air. Mayor Jones said he is pretty set with the contract except when they would want him to move to Sebastian. Council Member Dodd said he could talk to Mr. Benton about relocating and when the contract comes back to them for approval, if it says something different, they could then talk about the differences. He suggested they get past the interim positon and start on some of Mr. Benton's ideas. Mayor Jones said he could be ready by the second meeting in August. Council Member Dodd thanked the Chief Financial Officer and staff for their hard work on the budget. B. Council Member McPartlan Council Member McPartlan reminded the public that the memorial service for Col Marty Zickert would be Saturday, July 29 at 9:00 a.m. on Memorial Island. He asked those planning to attend to wear something colorful. C. Mayor Jones - None D. Vice Mavor Nunn Vice Mayor Nunn said people will surely hear about the money spent tonight at the meeting and he wanted them to know that every cent was well thought about to take care of the things they need in the City. He said the budget was available on-line or in paper by calling the City Clerk for review. E. Council Member Dixon 18 of 271 Regular City Council Meeting July 26, 2023 Page 10 Council Member Dixon thanked the Sebastian Police Department and Officer Hart for the radKIDS Training Program that was held at the end of June. She said her children attended for a refresher and the officers did a great job teaching the children how to handle certain situations. She said further programs are advertised on the Police Department's social media. Mayor Jones said at the last legislative session, the legislature allocated $252M in non- recurring funds for the State Housing Initiatives Partnership Program (SHIP) for FY23/24 and an add $109M in non -recurring funds for the State Apartment Incentive Loan Program (SAIL) for FY23/24 for those that might need assistance with housing. 17. Being no further business, Mayor Jones adjourned the Regular City Council Meeting at 7:32 pm Approved at the August 8, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST: Jeanette Williams, City Clerk 19 of 271 On Cf SES•� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES TUESDAY, AUGUST 8, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Ed Dodd (Zoom) Council Member Bob McPartlan Absent: Council Member Kelly Dixon (excused) Staff Present: Interim City Manager Brian Benton City Attorney Jennifer Cockcroft Administrative Services Director/CFO Ken Killgore City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frazier Human Resources Director Cindy Watson Environmental Technician Felicia Gordian Deputy Police Chief Greg Witt S. AGENDA MODIFICATIONS Mayor Jones noted some of the agenda page numbering was incorrect and Mr. Butler would be arriving later in the evening. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 23.129 A. Rvan L. Butler. Indian River County Clerk of the Circuit Court and Comptroller Mr. Butler arrived at 6:38 p.m. to make his presentation. 20 of 271 Regular City Council Meeting August 8, 2023 Page 2 23.130 B. PACE Presentation by Jordan Abbev. Director of Taxes and Licenses, Indian River Tax Collector's Office Mr. Abbey displayed a PowerPoint presentation on the PACE Program which provides a method of financing for homeowners who would like to make improvements to their property with no upfront costs. (See attached) He said there are shared concerns for these types of loans across the state. He cautioned the program isn't overseen by any regulatory body at all and there are currently 30 liens on properties by the Florida Pace Funding Agency in Florida right now. He briefly described the situation of a few of the borrowers and asked homeowners to research the companies that they might want to borrow from carefully. 23.074 C. Presentation by Gehriniz Group, City Insurance Consultants. Emnlovee Health, Dental, Vision Insurance for FY23/24 (PPT) Marc Rodriquez, Gehring Group Senior Analyst presented a PowerPoint outlining the October 1st renewal with the insurance carriers for the employee's health, dental, vision, life and disability plans. (See attached) He recommended accepting the health insurance renewal at a 10% increase. BriefAnnouncements: August 1 Sth - Open House Information Session for the US-1 Repaving Project @ North Indian River County Library 6pm-7pm Vice Mayor Nunn announced the upcoming open house as well as the Sebastian River Area Chamber of Commerce's Grill Out Night this Friday, August 11 from 5:30pm - 8:00pm. 7. PUBLIC INPUT - None 8. CONSENT AGENDA 23.131 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) 23.074 B. Formal Approval of Employee Group Insurance Policies for the Year Beginning October 1, 2023 (Transmittal, Summaries) 23.100 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) 21 of 271 Regular City Council Meeting August 8, 2023 Page 3 23.132 D. Approve the One (1) Vegetation Control, Manager to Execute Letter, Contract) 23.133 91 23.134 6: 27 pm 6: 38 pm Year Extension to the Piggyback Agreement with Aquatic Inc. until September 30, 2024 and Authorize the City all Appropriate Documents (Transmittal, Notice of Intent, 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) MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve the consent agenda items with the corrected page numbering as follows: Item 8a—pages 10-12 Item 8b —pages 13-20 Item 8c —pages 21-33 Item 8d — pages 34-37 Item 8e —pages 38-40 Roll call: Vice Mayor Nunn - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Council Member Dixon -absent Motion carried. 4-0 COMMITTEE REPORTS & APPOINTMENTS A. Natural Resources Board i. Sustainable Sebastian Initiatives Update (Transmittal. PPT) Felicia Gordian, Environmental Technician gave a brief PowerPoint presentation on the Sustainable Sebastian Program's progress. (See attached) She stated the Natural Resources Board has completed goals in reducing single use plastics, provided for native landscaping, reduced the City's carbon footprint, improved the quality of the waterways and created overall livability with a scavenger hunt at Riverview Park. She said board members have been assigned to champion the remaining goals. Council Members thanked the board and Ms. Gordian for their work. Council Member Dodd noted the remaining tasks might require funds and asked if there should be some money allotted in the next budget cycle. Rvan L. Butler. Indian River Countv Clerk of the Circuit Court and Comvtroller Mr. Butler introduced himself and said for too long the citizens of North County have had to travel too far to get a marriage license or file a notice of commencement or a will so he was proud to announce that the satellite office would be re -opening Monday, August 14`l' 22 of 271 Regular City Council Meeting August 8, 2023 Page 4 in Sebastian on U.S. 1 for three days a week. (See attached flyer) He said he also plans to expand the Jeffery R. Smith Pro Se Self Help Center to Sebastian at a later date. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 23.127 A. Undate to Florida Department of Environmental Protection (FDEP) 2023 Resilient Florida Grant Agreement #23PLN17 to Conduct a Comprehensive Vulnerabilitv Assessment Undate Pursuant to F.S.380.093 and Authorize the Citv Manager to Execute all ADDronriate Documents (Transmittal, Contract, Agreement Changes) The Interim City Manager said this was on the agenda at the last meeting to update our comprehensive vulnerability assessment plan and upon our submittal to FDEP, they requested revisions outlined on page 142 of the agenda packet that need to be approved by Council. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve the Revised Florida Department of Environmental Protection 2023 Resilient Florida Grant Agreement to conduct a comprehensive vulnerability assessment update. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon -absent Motion carried. 4-0 12. NEW BUSINESS 23.135 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. The City Attorney read the title to Ordinance No. 0-23-08. The Interim City Manager said this was to allow law enforcement vessels to moor for an extended period of time. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to pass Ordinance No. 0- 23-08 on first reading and set the public hearing for September 13, 2023. 23 of 271 Regular City Council Meeting August 8, 2023 Page 5 Roll call Motion carried Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - absent . 4-0 23.036 B. Resolution No. R-23-16 Accepting the 3`d Ouarter Financial Report and Recomizina Necessary Amendments and Adiustments to the FY2022-2023 Annual Budget (Transmittal, R-23-16, Report) 6:51 pm A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-23-16. Mayor Jones noted on page 152, the second paragraph should read, "There was one adjustment done during the quarter to use 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." On page 154, Mayor Jones noted the second paragraph should read, "WHEREAS, it was determined that the City Council and City Manager previously approved all the necessary amendment and adjustments and these shall be reported in accordance with the Annual Budget Resolution." The Chief Financial Officer said this was the third quarter report reflecting good news for all of the major funds. He reminded Council that they did approve to reallocate $750,000 from the American Rescue Plan for the road improvements; and the projected fund balances for the General Fund, Stormwater, Golf Course, Airport and Building Funds are doing better than had anticipated. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-16 Accepting the 3rd Quarter Financial Report with the two changes identified. Council Member McPartlan said he appreciated the services the Community Policing Volunteers provide to the City. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dodd - aye Council Member Dixon -absent Motion carried. 4-0 24 of 271 Regular City Council Meeting August 8, 2023 Page 6 23.136 C. Resolution No. R-23-17 Rescinding Resolution No. R-18-22 Regarding "No Through Trucks Zone" and ADvroval to Remove "No Through Trucks Zone" Sims Citvwide (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. The City Attorney read the title to Resolution No. R-23-17. The Interim City Manager said staff has found that the City was not in compliance with the Manual on Uniform Traffic Control standards and regulations with the "no through truck signage." There ae 16 signs in the City that included two signs approved by resolution and he asked to remove the signs as indicated on the map. Council Member Dodd said some signs say "no commercial vehicles" and asked if that would be included in the "no through truck" signs. The Interim City Manager said that was correct, those signs will be removed as well. The City Attorney pointed out that reference "2b" included all related signs. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-17 removing "no through trucks zones" citywide. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Dixon - absent Motion carried. 4-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The Interim City Manager said he received information late last week that FDOT will b1n the U.S. 1 resurfacing project from Harrison Street to south Davis Street on August 17 . He said he would get as much information out the public as possible. He advised that the recent fish kill in the lagoon happened because of the algae bloom in the high water temperatures dissolved the oxygen level resulting in the fish kill. He noted this typically doesn't happen due to the proximity to the inlet. 25 of 271 Regular City Council Meeting August 8, 2023 Page 7 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member McPartlan reminded everyone that school starts this week and he asked everyone to slow down and pay attention. B. Mayor Jones - None C. Vice Mayor Nunn - None D. Council Member Dixon - Absent E. Council Member Dodd apologized for Zooming into the meeting tonight. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 7:05 p.m. Approved at the August 23, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST. - Jeanette Williams, City Clerk 26 of 271 aTY.x SEBASTL HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 23, 2023 Agenda Item Title: Approval to Award Invitation to Bid (ITB) #23-13 Senior Center Re - Roofing. Recommendation: The Procurement Division, on behalf of the Public Facilities Division, recommends City Council award FM 23-13 Senior Center Re -Roofing to All Area Roofing and Construction, Incorporated. Background: An ITB soliciting this service was advertised via the local newspaper and released on July 26, 2023 via the City's website; DemandStar.com and VendorLink.com. All bids were due on August 15, 2023, in which eight (8) bids were received. All bids were reviewed by the end -user department. It is recommended to Award ITB 23-13 to the lowest, responsive and responsible Bidder, All Area Roofing and Construction, Incorporated. The bid amount of $56,781.25 includes a 15% contingency, all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for providing the services in a good, firm substantial and workmanlike manner at the Sebastian Senior Center. If Agenda Item Reauires Expenditure of Funds: Total Cost: not to exceed $56,781.25.00 including a 15% Contingency Funds to Be Utilized: General Fund Renewal and Replacement Attachments: 1. City Agreement 2. Copy of All Area Roofing Bid Submittal Administrative Services Department view: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: �117 /a ad 3 27 of 271 SENIOR CENTER RE -ROOFING FOR THE CITY OF SEBASTIAN AGREEMENT This Agreement is entered into by the parties this 24"' day of August, 2023. 1. PARTIES: CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (City). and ALL AREA ROOFING AND CONSTRUCTION, INCORPORATED (Contractor). 2. DESIGNATED CONTACT PERSON AS TO CITY: City of Sebastian Paul Chapline, Public Facilities Superintendent 1225 Main Street Sebastian, Florida 32958 Cell: 772-321-6736 3. DESIGNATED CONTACT PERSON AS TO CONTRACTOR: All Area Roofing and Construction, Incorporated Jennifer Richards, President 3921 South US Highway 1 Fort Pierce, Florida 34982 (772)464-6800 Don Miller, Consultant/Estimator (772) 322-4802 4. NOTICES. All notices between City and Contractor, as required under the Agreement, shall be in writing and in the form of facsimile, e-mail, mail, or by personal delivery to the respective designated contact person identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 5. TERMS OF AGREEMENT AND COMMENCEMENT OF SERVICES. This is a one (1) time agreement and the effective date of the agreement is estimated to begin on August 24, 2023, and shall be fully completed with all invoices submitted no later than September 29, 2023. Full turn -key completion within twenty-five days of Notice to Proceed. 6. ENTIRE AGREEMENT. This Agreement, and its associated Bid Documents, and the Bidder's Documents, referenced herein, together with any executed Addenda if any, shall constitute the entire Agreement between Contractor and City (hereinafter referred to as the "Agreement"). In resolving conflicts, errors, discrepancies, and disputes concerning the scope of Services or other rights or obligations of the parties, precedence shall be given in the following order (1) provisions of this agreement, (2) provisions of the Bid, (3) provisions of the Purchase Order, (4) provisions of the Contractor's/Bidder's Documents & Price Form submitted to the City, (5) provisions contained in any governmental regulation incorporated herein by reference, and (6) a fully executed Amendment to this Agreement. There are no understandings or agreements except as herein expressly stated. 7. AGRE,�;MENT DOCUMENTS. 1. Exhibit "A"- Contractors/Bidders Documents & Price Form submitted to the City 2. Exhibit "B" — ITB #23-13, Senior Center Re -Roofing Documents 3. Exhibit "C" - Addenda CITY OF SEBASTIAN, FLORIDA / Initials BID 23-13, SENIOR CENTER RE -ROOFING 1 of 13 28 of 271 8. MODIFICATION OF AGREEMENT. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of services, product, or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 9. SERVICES PROVIDED BY CONTRACTOR. The Services to be provided by Contractor are in Exhibit A, B, and C, attached to this agreement and as stated in all bid documents and any addenda. If the City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. 10. CITY'S PROJECT MANAGER. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Citv Manager who will resolve such questions. At all times, all work shall be subject to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. 11. MATERIALS, SERVICES. AND FACILITIES. It is understood that, except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, machines, water, light, power, transportation, supervision, temporary construction of any nature, permits, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Services within the specified time. 12. COMPENSATION TO CONTRACTOR. Compensation to be paid to Contractor for the provision of the Services agreed to herein shall be per the firm/fixed guaranteed maximum pricing noted in the Bidders Price Form, Section 9 — Bid Form, attached to this Agreement. Due to the inability to determine what is under the existing roof tiles, the City has established a 15% contingency to cover any unforeseen repairs that are necessary with the removal of the existing roof surface. Any expenditure above the $49,375.00 bid price shall be approved by the project manager before proceeding with the roofing project. 13. PAYMENT OF PAYMENT REOUESTS. Contractor shall agree to schedule a drive through and/or walk through inspection for each section of the completed work with the City of Sebastian's Proiect Manager or their designee to verify work has been completed and in complete compliance of the contractibid documents prior to invoices being submitted to the Citv. CITY OF SEBASTIAN, FLORIDA / Initials BID 23-13, SENIOR CENTER RE -ROOFING 2 of 13 29 of 271 13.1 Pavment Reauests/Invoices. Requests for payment for the provision of the Services provided under the Agreement shall be submitted no more frequently than once per month. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre - audit, and post -audit thereof. Upon receipt of Contractor's payment request/invoice, the City will review such to ensure completion with required basic information and that the Services covered under the payment request have been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Services covered under the payment request do not satisfy this Agreement, the payment request may be rejected. 13.2 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of the total of all payment request paid to date. Such sum shall be accumulated and not released to the Contractor until final payment is due. Any interim interest on such sums shall accrue to City. Due to circumstances beyond the Contractor's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Contractor. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. 13.3 Form of Payment Reauest. If the payment request is not received in proper order, City may reject the payment request within ten (10) business days after the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of the rejection specifying the deficiency and corrective measures necessary to make the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business days after the date on which the corrected and proper payment request is recorded as received by City. 13.4 Resolution of Pavment Reauest Disputes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City in a timely manner. as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within fortv-five (45) business days after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarify the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sixty (60) business days after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. 13.5 Payments to Subcontractors. When Contractor receives from City any payment for Services covered under the Agreement, Contractor must vav such moneys received to each subcontractor or supplier, and employees in proportion to the percentage of the Services completed by each subcontractor, supplier, or employees within ten (10) business days after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse only the funds received on a oro rata basis to its subcontractors, suppliers, and employees, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit CITY OF SEBASTIAN, FLORIDA/ Initials BID 23-13, SENIOR CENTER RE -ROOFING 3 of 13 30 of 271 payment due to those subcontractors or suppliers within seven (7) business days after the subcontractor's receipt of payment from Contractor. 14. WARRANTIES. 14.1 Warranty of Ability to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its obligations under the Agreement. 14.2 Warranties against Defects in Workmanship. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of ten-(10) years from acceptance of the Services by City. Should any defects in materials, products, services or workmanship appear during the warranty period, Contractor shall replace the materials or Equipment, or repair or re -do the materials, products, or services, immediately upon notice from City, at no additional expense to City. Contractor shall warrant such replaced materials, products, or equipment, or repaired or re -done Services, for the term and extensions of this agreement, after acceptance of such by City's Project Manager. 14.3 Warranty of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due care in performing its Services and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the foregoing warranties and City notifies Contractor of such, then Contractor shall (at the Contractor's sole expense) promptly re - execute the nonconforming Services. All such re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the benefits of any of Contractor's sub consultant's or subcontractor's warranties. Such assignment shall not relieve Contractor of its warranty obligations for performance or standard of care to City under this Agreement. 14.4 Warranty of Title. Title to any work product furnished by Contractor under the Agreement shall pass to City to the extent of the payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordance with the Agreement, Contractor warrants that the work product furnished will be free and clear of all security interests, liens and encumbrances or claims of any warty. 15. PUBLIC RECORDS. Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Upon completion of the Agreement, Contractor will transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by City to perform the service. Contractor will ensure the 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 term of the Agreement and following completion of the Agreement if Contractor does not transfer the records to the City. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. If Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in CITY OF SEBASTIAN, FLORIDA I Initials BID 23-13, SENIOR CENTER RE -ROOFING 4 of 13 31 of 271 a format that is compatible with the information technology system of the City. If Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. This provision shall survive termination of this agreement. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: iwilliamsfa..citvofsebastian.ore. PHONE: 772-388-8215. 16. INSURANCE. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 16.1 Minimum Insurance Reauirements. Contractor shall obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contract or, his agents, representatives, employees or subcontractors. The coverage's, limits or endorsements required herein protect the primary interests of the City, and these coverages, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this contract. Comprehensive General Liability Worker's Compensation Automobile Liability an amount not less than: ❑ $2,000,000.00 Combined Single Limit per each occurrence Contractor shall submit and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, Contractor shall provide adequate coverage for the protection of such employees. an amount not less than: 11 $1,000,000.00 Combined Single Limit per each occurrence 16.2 Other Insurance Provisions. 16.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy language, and ten (10) day notice if cancellation is for nonnavment of premium. The certificate shall indicate if coverage is provided under a "claims made" or CITY OF SEBASTIAN, FLORIDA / Initials BID 23-13, SENIOR CENTER RE -ROOFING 5 of 13 32 of 271 "occurrence" form. 16.2.2 All required insurance policies must be written with an insurance carrier having a minimum A.M. Best rating of A+. 16.2.3 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. 16.2.4 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall be non-contributory. 16.2.5 For all policies of insurance, Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages that occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. The City requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compensation coverage. 16.2.6 It is the Contractor's responsibility to insure that all subcontractors comply with these insurance requirements. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. 17. INDEMNIFICATION. The Contractor or its Subcontractors shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or its Subcontractors and other persons employed or utilized by the Contractor or its Subcontractor in the performance of the contract; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the City, the Contractor or its Subcontractors shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified above, and Contractor or its Subcontractors shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive termination of this agreement. 18. CHANGE ORDERS. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in the Contract Price, or in the time required for performance of the Services, an equitable adjustment shall be authorized by way of a Change Order. CITY OF SEBASTIAN, FLORIDA ! Initials BID 23-13, SENIOR CENTER RE -ROOFING 6 of 13 33 of 271 19. TERMINATION OF AGREEMENT. The agreement resulting from this Bid can be terminated immediately for cause if contractor is found to have failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written notice to the Bidder. In the event of either termination, the Bidder shall be compensated for all services performed to the City's satisfaction. The City shall be the sole judge of non-performance. Contractor shall not be entitled to compensation for loss of anticipated profit. 20. LICENSES AND CERTIFICATIONS. Contractor, or its Subcontractors), shall possess and maintain during the term of this Agreement any and all licenses and certifications required to perform the Services covered under this Agreement, as stipulated by the State of Florida and the City of Sebastian. 21. ADDITIONAL TERMS AND CONDITIONS (alphabetically listed): 21.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 21.2 Bankruptcv or Insolvencv. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 21.3 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be grounds for termination of the Agreement. 21.4 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement. Furthermore, Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any contract, sub -contract, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, or employee of Contractor or its subcontractors, during its tenure, or for two (2) vears thereafter. has any interest, direct or indirect. CITY OF SEBASTIAN, FLORIDA / Initials BID 23-13, SENIOR CENTER RE -ROOFING 7 of 13 34 of 271 21.5 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Contract Documents, whether incorporated into the Project or not. Contractor shall promptly, in accordance with Contract Documents, replace and re -execute all Services without additional expense to City. Contractor shall bear the expense of making good all Services of other contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If contractor does not take action to remove such rejected Services within two (2) calendar days after receipt of written notice from City's Project Manager, City may remove such Services on their own and store the materials at the expense of Contractor. 21.6 Citv Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. 21.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal department or agency; (2) have not, within a three-(3) year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; (4) have not within a three-(3) year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default; and (5) will advise City immediately if their status changes and will provide an explanation for the change in status. Contractor shall submit their Companv Profile Page from SAM before sienins of contract. 21.8 Discriminatory Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a), Florida Statutes, which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity, and may not transact business with public entity. 21.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached, CITY SHALL RENDER A DECISION, REDUCE IT TO WRITING AND SERVE A COPY ON CONTRACTOR THE DECISION SHALL BE FINAL AND CONCLUSIVE. CITY OF SEBASTIAN, FLORIDA 1 Initials BID 23-13, SENIOR CENTER RE -ROOFING 8 of 13 35 of 271 21.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 6.1 -- 6.9, General in the 1TB Documents. Contractor shall restore in an acceptable manner, or replace all property, both public and private, which has been displaced or damaged by the Contractor during the execution of all work. Contractor shall leave the Worksites unobstructed and in a neat and presentable condition. The term "property" shall include, but is not limited to, roads, sidewalks, curbs, walls, fences, landscaping, awnings, utilities, footings and drainage structures. 21.11 Docpentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered works made for hire and shall become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents shall not be sold or distributed to third parties without the written consent of City. 21.12 Drug Free Workplace. Contractor certifies that it has in place a Drug -Free Workplace Program in accordance with the Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Section 1, Subsection 1.10 of the BID General Information, page 6. 21.13 Emvlovees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agents of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee(s), subcontractor(s) and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. ALL WORKERS SHALL HAVE SUFFICIENT KNOWLEDGE. SKILL AND EXPERIENCE TO PROPERLY PERFORM THE WORK ASSIGNED TO THEM. 21.14 Equal Emplovment Opportunitv. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq), Federal Fair Labor Standards Act (29 U.S C. § 201, et seq), and any other Federal CITY OF SEBASTIAN, FLORIDA 1 Initials BID 23-13, SENIOR CENTER RE -ROOFING 9 of 13 36 of 271 and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub- contracts entered into by Contractor. Sub -contracts entered into by Contractor shall also include all other applicable labor provisions. No sub -contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall insert in its sub -contracts a clause requiring subcontractors to include these provisions in any lower tier sub- contracts that may in turn be made. Contractor shall comply with all state laws and local ordinances. 21.15 Force Maieure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"), If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to, acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), pandemic, war, riot, terrorism or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. 21.16 Governine Law and Venue/Waiver of Jury Trial. The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida. The Parties agree that in the event of litigation arising from this Agreement, that each shall waive any right to trial by jury. 21.17 Governmental Restrictions. If Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. CITY RESERVES THE RIGHT AND THE COMPLETE DISCRETION TO ACCEPT ANY SUCH ALTERATION OR TO CANCEL THE AGREEMENT AT NO FURTHER EXPENSE TO CITY. 21.18 Immieration and Nationality Act. Contractor shall comply with all immigration laws as outlined in 8 USC § 1324a - Unlawful Employment of Aliens. City will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. CITY OF SEBASTIAN, FLORIDA 1 Initials BID 23-13, SENIOR CENTER RE -ROOFING 10 of 13 37 of 271 21.19 Inspection. Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of the provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after award of the Agreement, but should City elect to do so, Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the Derformance of its Services and shall be solely responsible for the means. methods. techniques. sequences. and safety_ of construction and ovcrations. Contractor will emvlov and maintain at the Proiect Site a qualified supervisor or superintendent who shall have been designated in writing by Contractor as the Contractor's rev_ resentative at the Proiect Site. The supervisor or superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. The supervisor or superintendent shall be Englisb speaking and shall be present on the Proiect Site at all times as required to perform adequate supervision and coordination of the Contractor's Services. 21.20 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement. 21.21 Liouidated Damages. The City shall be entitled to liquidate damages in the amount of Three Hundred Dollars ($300.00) per day for every day that the Contractor is late in comp_ leting all of the work requirements acceptable to the City. This is turn -key completion acceptable to the City_ . Said damages shall be deducted by the City from monies due to Contractor. 21.22 Lobbvine. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause Two (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. CITY OF SEBASTIAN, FLORIDA / Initials BID 23-13, SENIOR CENTER RE -ROOFING 11 of 13 38 of 271 21.23 N o n -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Contractor intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public agreement. 21.24 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Nan-performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: 1. by verbal communication. Performance/deficiency must be resolved by the end of the THIRD day after verbal communication, if not; 2. Written Notice will be served to the Contractor. Performance/deficiency must be corrected by the end of the SECOND day after the Contractor has received the written notice, to the satisfaction of the City, if not; 3. The City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. This does not relieve the Contractor of Liquidated Damages. REPEATED PERFORMANCE/DEFICIENCIES MAY RESULT IN THE TERMINATION OF THIS AGREEMENT. 21.25 Proiect Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable, and to have secured full knowledge of all conditions under which the Services are to be executed and completed. 21.26 Protection of Persons. Contractor shall be responsible for the safety of its employees and the employees of its subcontractors, during the provision of the Services. Contractor shall be responsible for initiating, maintaining and supervising all safety programs in connection with the provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -contractor employee or any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 21.27 Public Enti�v Crime, persons or affiliates who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, p r o p o s a 1, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, nronosal, 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, uronosals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21.28 Independent Contractor Relationship. Contractor is an independent contractor to City in t he provision of the Services Under this Agreement and is not an employee, agent, joint -venture, or partner of City. 21.29 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially, or fully completed, that are associated with the Services shall remain with Contractor. CITY OF SEBASTIAN, FLORIDA 1 Initials BID 23-13, SENIOR CENTER RF-ROOFING 12 of 13 39 of 271 21.30 Schedule Reports and Records. The City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained in accordance with Paragraph 15 above of this Agreement. 21.31 Securitv and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Federal law as a public record. To insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the agreement. 21.32 Severabilitv. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 21.33 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement shall survive completion or termination of the Agreement for any reason. 21.34 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which are applicable to the provision of the Services under the Agreement. City shall not pay for any personal property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate. All purchases made by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase"), instead of through the Contractor, are exempt from sales, consumer, use and other similar taxes. 21.35 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. CITY OF SEBASTIAN, FLORIDA / Initials BID 23-13, SENIOR CENTER RE -ROOFING 13 of 13 40 of 271 22. AUTHORITY. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC City Clerk Approved as to form & legality: Jennifer Cockcroft, Esq. City Attorney CITY OF SEBASTIAN, FLORIDA 1 Initials BID 23-13, SENIOR CENTER RE -ROOFING 14 of 13 CITY OF SEBASTIAN, FLORIDA BY: Brian Benton, Interim City Manager Date: CONTRACTOR All Area Roofing and Construction, Inc. By: Date: as 41 of 271 /QAfe���-�H� T'D Cj �•� iTB #23-13, BID aMsarMLWM sLW �r ti a ( SENIOR CENTER RE -ROOFING Bfp CHECK[,i5T Please use the following checklist as a reference document to confirm all requirements are met in your M submission. Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation from prospective Bidders. It simply serves as a guide for the most significant documents to be includes{ in the Bid and should be enhanced as deemed necessary. It is solely the Bidder's responsibility to read and understand all requirements and adhere to all issued Addenda. TAB -#1-- BID EOP.Aj & SCHWED , (Refer to Sw onns 21- 2.3) fBid form, Page 37 _Schedule- Include a detailed breakdown of N estimated sclradi +i #2. - E'APER19N C 27 (Refer to Sections 2. 4) Experience T #i 3I11S1 �..t l: t sue, jae.( MS (Refer to Sections 2.5 , 2.G) — j( = Certificate of insurance (COI) )C Licenses "•ham EU.QU,'L (Refer to Section 2.7)- -X Contact Information Sheet - FORM A { _ Addenda Acknowledgment --FORM 13 - Reference List - FORM C Sub -Contractors FORM D - �..-__---• -- - • -r-- -� .. _.._.. -_ Bidder's b' c_losure _ FORM w Document Notification Affidavit - FORM F ' Bidder Qualification Questionnaire, Page 34 _ -- � V � Scope of Work &Compliance to Scope of Work Form, Page 36 _ _.� �_ _ PLEASE >ENSUt4E THE AIAMING LABEL IS AFFIXED TO THE SEALED ENVELOPE. IMPORTANT.- Failure to submit the requested copies or complete and submit the required forms may result in submittal being deemed non -responsive and removed from coasideration. Page ZI of 37 42 of 271 WW OFFELEMswa, SECHON 9 - Bill FORM ITB #23-13, BID SENIOR CENTER RE -ROOFING I the undersigned have become familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid ConferencelMeeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting and exceeding the City's specifications, manufacturer's written specifications and instructions, industry standards and Florida Building Codes for the prices stated below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below the Vendor agrees that this Bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days' notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for ninety (90) days following the bid opening date. Price and all work shall include complete removal and proper disposal, in a county landfill, of the existing roofing. V A. ,Name of Product being used: ��� LS MA. Minimum Product Warran S ydnr, F MI Minimutn Labor Warranty: [C> q _ -- -- --- -- - --- -- Mobilization Total Price: S I A.)v,-W»wV Senior Center Roofine & Installation. To Price: S Turn-Ke►- Total Price Printed IGMI I: S 7 Turn-Kev Total Price Written (GWn S PlvNiood deeldne, reidaced at $ �5.00 t) square foot if necessary and agreed upon Is► Protect Mnsnaaer, 1W Company Name:_ Aem 1 _—'Y yT:g4,.. ihs,(14� Authorized Signature: _ ` �C�y'� ... _. _. - . --- - Date: Printed Name: --- Address: Phone Number:. _ E-Mail Address: lea Q t �-�+� I���� r7,ex iM* -- — Page 37 of 37 IN 43 of 271 14 FABRICATORS SKILLED CRAFTERS OF METAL ROOFING SYSTEMS -A4A-X% 0- If, 31-11 IR S! M A X I %J p 5", EXTREMEMETAL I QnJ x a axRLFP l,ranWWlllral a0aru-G fTSrrMj Residential ✓ ✓ / ✓ ✓ ✓ ✓ ✓ ✓ Cotnmerdai J ✓ J ✓ ✓ ✓ ✓ J J ✓ J J Agricultural ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 032 .032 .032 .032 032 .032 .032 .032 Aluminum .040 .040 .040 .040 .040 D40 .040 .030 .040 MAllalume 224 6 9a 26 9a 26 ga 6 ga 6 9a 26 ga 6 9a 26 9a 29 9a 269. 269 a Z COPPERMax 16 oz. Premium Kynar 500` ✓ ✓ ✓ ✓ ✓ J ✓ J ✓ ✓ ✓ ✓ Coating Option Standard (SMP) Coating Option ✓ ✓ ✓ ✓ Custom Colors Option ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Mialmum Slope A 2:12 2:12 2:12 2:12 2:12 2:12 2:12 3:12 3:12 3:12 2a2 3:12 Wood Dedt We od Deck Wood Do& AP steel Deck Open Framing Support Wood Deck Wood Dick Woad Deck Steel Detk Wood Deck Wood Deck lDWood De etk k Wood Deck Steel Deck el Oedk Woad Deck Wand Deck S1eeOpenFmmMg 0Ste penFramfng Open Framing Height* 11/2' 11/2' 1' 2" 11/2' 11/2' 13/4' 3/4' 3/4" 11/4' 11/4' UY 12' 1V 15" 15" 14" 21" 21' Coverage ` 26 ' 15.5" 16, 18" 19" 19, 18" 2M' 36' 36' 28" 24" to Wall Application Coverage 325" 36" 36" Custom Lengths ✓ ✓ ✓ ✓ ✓ J ✓ ✓ J J J J Striated, Pendl Bead or J ✓ ✓ J J ✓ J ✓ Ribbon Bead Profile Option Curve Capability ✓ On -Site Prod udionAvailable ✓ ✓ ✓ J ✓ J J ✓ FloridaProduct Approved J ✓ J ✓ ✓ ✓ J ✓ ✓ J J ✓ Miamlilade Approved ✓ ✓ J ✓ ✓ J ✓ ✓ ✓ ✓ ✓ Dexnpws of pmdum and speafirntions contained herein were in elled at the time this publication was approved fet pdming. Eiueme Metal Fabricators rserm the d9bi to make and shall be htld harmless from claims resulting horn than ioprodundesignandlorspectiialiomdsangesloproducsapprovalsordtsconhnvationofproductsalarty+;me.loe,ukereyou!wrethe latest Information waltabfe,contanrowEnremeMetal Fab+camesales representa matt-833-FMF-ROOF. .A 3lhtperlRcasa!lableonSawpm6las1044whhyour FMFsaasnrpraenotWtoomUrmpraVe AyofWoars. •NlQlmeraianlarsnamind. 45 of 271 ss All Areas Rov 'ng and Construction, Inc Year Primlar Rooly'% Cai7fractar August 7,2023 City of Sebastian Attn: Procurement Division 1225 Main Street Sebastian, FL 32958 Job: Senior Center Re -roofing 1255 Main Street Sebastian, FL 32958 RE: CRITICAL PATH/SCHEDULE FOR WORK AT SENIOR CENTER 1. Obtaining permits/warranties 5 days 2. Tear -off and dry -in (self -adhered membrane) 3 days 3. Install edge metal 1 day 4. Call for inspection 3 days 5. Install metal roof 4 days 6. Install saddle materials 1 day 7. Final inspection and warranty 1 day 8. Total days required for project 18 days ____ ( Aubiz, Don Miller Consultant/Estimator 724-322-4802 don rr allarearoofinjtp.com 3921 S US Flury 1 + Fort Pierce, FL 34982 • Office: (772) 464-6800 • Fax: (772) 464-6600 W.46 of271 A�oRo® CERTIFICATE OF LIABILITY INSURANCE I DATE 061012021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polfcy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsament A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C�METACT Tanm11e5traughn NA _ Brown &Brawn of Florida, Inc h _M: (727) 461.6044M. WI. (727)442 7895 83 Park Place Blvd, Suile 101 8DDRFSst Tammie.Straughn@bbrown.com INSURER(S)AFFORDINGCOVERAGE _ f1AlCA_ Clearwater FL 33759 INSURERA : Palms Insurance Company, Limited 16754 INS INSURER e : Auto-ONners Insurance Company 18N8 AIIArea Roofing & Construction, Inc. INSURER c.. Richmond National Insurance Company 17103 3921 S US HWY 1 INSURER O: INSURER E. Fort Pierce FL 34982 INS_URERF_. COVERAGES CERTIFICATE NUMBER-. 2023 COI Masler REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE REIN IS SUBJECT TaOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO'-ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR tSR TYPE OF INSURANCE _-__M110 = POLICYNUMBEi MUM UnRe Y UMITe _ COM ERCIAL GENERAL LIABUTY EACH OCCURRENCE I 1,D00,000 CLArdS•MADE � OCCUR .- ='i1T"r PREMISEMe ocanencel 5 50,= _ MED EKP UAL am person] S 5.000 A Y Y DENV0000576-00 04/2412023 I 04124/2024 I PERSONAL&ALTV INJURY I 1.0wtow 6ENLAGtiREOATE UNIT APPLIES PER! � I IGENERALAGGREGATE a 2,000,000 PoucY 0 Zer ❑ Loc I PRODUCTS-COMPAOPAGG s 2.000,000 y _ DER: Contractors Pollution Is 2.0N. X10 AvTOKOBI .E tIABWTY — �� erN SING E0 LE LWT s 1.000,000 X ANYAUTO BODILYWAIHY(Parperaon) is B OWNED SCHEDULED 5173892700 04124/2023 04/24/2024 BODILYDMRY(Per madden* a AUTOS ONLY _ + AUTOS v HIRED NON-OAT4ED /� AUTOS ONLY AUTOS ONLY Paracd0em! a _ PIP -Basic a 10,000 x UMBREElUlLIAB X OCCUR— — -- - EACHOccuRRENCE a 1,000.01XII C EXCESS LMB 1 Ma„MA RN-7.032644A 0511712023 nenwr'>n�e — -- 4 nnn nnn CLM—A 1�0 AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETORIPARTHERIEXECUTIVE 11 OFFICERIMEMBER EXCLUDED? N 1 A ❑ (Mandatory In NH) u yyeessd"cft@ order DESCRIPTX)N OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES fACORD 1e1, Additional Remarks Schedule, may be attached H mom apace In required) Proctor & Associates General Contractors, LLC is Additional Insured on a primary non-conlributory basis including ongoing and completed operations with respect to General Liability if required by mitten contract. A Waiver of Subrogation in lavor of Proctor &Associates General Contractors, LLC applies to General Llabllity If required by written contract. 30 day notification of cancellation applies, except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE: WITH THE POLICY PROVISIONS, AUTHOMZF-D REPRESENTATIVE ©1988-2015 ACORD CDRPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD ,ter 47 of 271 A RC]® CERTIFICATE OF LIABILITY INSURANCE DATE /2022 ) 12/19/2922 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be tlndoraed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Todd George Bouchard Insurance for WBS - TG PHONE 866l 293-360D ext. 523 FAX PO Box 6090 E-MAIL Clearwater, FL 33758-6090 ADDRESS: INOUR_ERte) AFFOROING COVERAGE NAIL N INSURER A: American Zurich Insurance Company 40142 INSURED INSURER D Workforce Business Services, Inc NI. Emp: All Area Roofing 8 Construction Inc i 1401 Manatee Ave. West Ste 600 INSURER C Bradenton, FL 34205.6708 INSURER D_- _ INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:22FLO79861034 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IECT TO ALL TH= TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. illw 'Aa ULTru Al POUCYEFF P60_VE%P t LTR TYPE OF INSURANCE 111"ar IN POLICYNUMOSR FMMhM1YYYY1 i IMMlY IDDYYVI LIMITS COMMERCIAL GENERAL LIABILTry EACH OCCURRENCE S OCCUR DATAACIF TO Rii NTED CLAIMS -MADE I PREIAISES.Eas000meLcs) - $ MED EXP {Any one person) S PERSONAL A ADV INJURY S �..� GEN'LAGGREGATE LIMIIAPPL11=5PER: GENERAL AGGREGATE i POLICY JEST Los. PRODUCTS - COMPIOPA_ GG S OTHER S AUTOMOBILE LIABILITY COMBINED WNGLE LIMIT S i ,Ea accident! ANY AUTO BODILY INJURY (Per perscr) f OWNED SCHEDULED BODILY INJ DRY Per acdderl S AUT05 ONLY AUTOS ( 1 HIRED I NON -OWNED I PROPERTYDAMAGE S - -' AUTOS ONLY I AUTOS ONLY f tPu accidenl', 5 UMSRELLALIAS OCCUR 1 FACHOCCURRENCE S EXCESS HAS CLAIMS -MADE! i AGGREGATE IRM RETENTION$ __ WORKERS COMPENSATION X PER CITH- AND EMPLOYERS'LrAB1LITY YIN STATUTE ER A•VYFIHC)PRIETOWPARTNERIEXECUTIVE - F.L.FACH ACCIDENT S 1 000,000 A OFFICEWMEMBEREXCLUDED7 NIA WC90-00-816-12 12131/2022 1213112023: --- L- (MandatoryInNH) I E.LDISEASE -EAEM" s i,000,000 t! Yea. desrnhe undr r n SCAlo71nN OF nPFRa, ln.+}s haloes y F 1 nrRF"F-1sOI.ACV LIMrr S 1,000,OOD Location Coverage Period: 12/31/2022 12131/2023 Client# 05418f) DESCRIPTION OF OPERATIC NS f LOCATiOHS I VENICLES IACORD tot, Addilioral Remarks Schedure, maybe attached if more apace is regviredl Coverage is provided for All Area Roofing 8 Construction Inc 3921 South US Highway 1 only thorn w-amployoas g y of, but not aubcontraclaro Fort Pierce, Ft- 34982 to: CERTIFICATE HOLDER CANCELLATION At[ Area Roofing g Construction Inc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEC BEFORE 3921 South US Highway 1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fort Pierce, FL 34962 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED IR�EIP� �R E SE N TT-A7(T IVE © 1998-2131/5 ACORD CORPORATION. All rights reserved. ACORD 25 (20161031 The ACOi2D name nrtd loan nre renistered marks of ACORD 48 Of 271 0 .: t Ron DeSantis, Governor Melanie S. Griffin. Secretary biar a STATE OF FLORIDA � JEPARTMfNT OF SU5I14E55 AND PROFESSIONAL REGULATION CONSTRUCTI THE -ROOFING %P,(� PR0V1810 NSING BOARD ED UNDER THE NATUTES LICEIq5f4 M t ,C�ff719 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this doCUrnent. All Area Roofing & Construction, Inc. Is certified under the provisions of 287 and 295.187, Florida Statutes, for a period from: 07/1012023 07110/2025 I Todd Inman• Florida Department of Management Services O Office of Supplier Mmmity 4050 Esplanade Way, Suite 380 Tallahassee, FL 3230 850-487-0915 www.dms.nwflorIda.conVosd M!7T ITB #23-13, BID . HOME OFPHKMG" SENIOR CENTER RE -ROOFING I FORM A CONTACT OFORMATION SHEET ITB NO.: RELEASE CONTACT: DUE DATE: Bids due on or before 2:00 PM #23-13 DATE: Don Wixon, LOCAL TIME: City of Sebastian Senior Wednesday, Procuresrtent/Cnntracts 1225 Main Street Center Re- July 26, Zt)23 Manager Sebastian, Florida 32958 Roofing (772) 3884231 Tuesday, August 15, 2023 _ L-heck Addenda for any revised opening dates ITB TITLE: Ire€ore submitting your Bid. Bid(s) received, after SENIOR CENTER RE -ROOFING the date and time stated above, will not he ot+ened, BidAer's N ome and "Doing Business As", U applicable: Federal Tax Identification Number: 4-41,1 Zto!�Z Address, , ,`- , "t A q i C©We::[ C`1 �'.G� State. ODA 34Sp Telephone No: s 4424&vt p Fax No: liz- 44 - rp 0 d E-Mail Address of Authorized Representative• =� ennt �rerQa a rejrc4" -R p.cvW I certify that I have carefully examined the rM document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid/Bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bidBid on behalf of the Bidder names above and that the Bidder is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITS at the prices or rates in my bid/Bid and prices will remain Bidder for a pepod of ninety-(99)0) days i(n, order to allow the City adequate time to evaluate the bid/Bids. Sign re of Authorized Represeniadw (Manual) mat Irm A' x of Authorfzed Representative (Typed or Printed) # The City reserves the right to reject any and all Bids, or to accept any Bid or portion thereof deemed to be in the best interest of the Cites, and to waive any non -substantial irregularities. Failure to fully comijete and submit this Information Sheet may result in reiecthon of the submittal Page 22 of 37 t�jI` 51 of 271 a,. HM of MAND iTB #23-13, BID SENIOR CENTER R-ROOFING FORM T. l3 I ADDENDA A"Now%EDGEAffn Bidder's Name: ALLAF-ja�Phone #: -i?Z - ITB Title: SENIOR CENTER RIB -ROOFING M #: 23-13 Bidder shall indicate below all Addenda received. Acknowledgement confnms receipt and understanding of issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their Bid to be considered non -responsive. To confirm the number of addenda (if any), Bidder may contact the Procurement Division at M2) 388-8231. ADDENDDUM # 1 DATE ! RECEIVED I— 7 31 ZoZ 2 r � 7 —L � f No Addenda was received in connection to this solicitation. 41, Print Preparer a hT• ii : _ Signature: --- - Date: Failure to fully comf>lete si�,n and submit this Form mav result in reicction of the submittal Page 23 of 37 -o - 52 of 271 Administrative Services Department �E�� Procurement Division 1225 Main Street Sebastian, FL 32958 HOME Of PELICAN ISLAND (772) 3888232 August 8, 2023 ADDENDUM #3, REVISED TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: 1TB 23-13 — Senior Center Re -Roofing FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 (772) 388-8231 E-Mail: dwixon[cr�,cityofsebastian.org TO: All Parties Holding SDeciflcations Ql: If the screws for the 5V roofing system are driven through the current decking, the fasteners will be visible from the underside of the breezeways. How does the City wish to deal with the exposed underside of the breezeways? Does the City wish to include the required additional plywood decking in the base bid or handle it as a change order on a per sheet basis during the project? Al: Any screws going through the wood will be handled by the city Q2: How does the City wish to handle any fascia replacement required due to rotten fascia? Is there an amount of fascia replacement that should be included in the base bid or will all fascia replacement be handled as a change order during the project? Does the City have the paint or paint codes for the fascia and building? A2-a: Any fascia rot will be replaced by the contractor at the time of roof replacement upon the approval of the city. Fascia replaced at S 20,E oer foot if necessary and agreed upon b% Proiect Manager. A2-b: Paint codes for building and fascia: warded vendor will be supplied with paint codes. Q3. How does the City wish to handle the gutters currently attached to certain areas of the project? A3: Any gutters will be removed and re installed by the contractor. Pagel of 2 53 of 271 Q4: What buildings, breezeways and overhangs are being done? A4: All of the buildings, breezeways and overhangs located at and in conjunction with 1255 Main Street that have shineles are expected to be completed. Leave out the gravel roof on the front building and the very west small flat roof. Again, The entire roofing area of the rear building (Senior Center) including the bathroom and all walkway canopies that are shingled. The front main roof and small west flat roof are not included. Q5: What will be the metal color for the roof? Q5: Standard galvanized color. DATE: Awj( iv WRITTEN SIGNATURE: PRINTED SIGNATURE:. — COMPANY NAME: / L- Page 2 of 2 WIV 54 of 271 u""` Administrative Services Department NProcurement Division ;4 Ui;; 1225 Main Street Sebastian, FL 32958 HOME OF PELICAN ISLAND (772) 388-8232 August 7, 2023 ADDENDUM #2 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITB 23-13 — Senior Center Re -Roofing FROM: Paul Chapline (Please contact the followinL, until Monda%. August 7, 20231 City of Sebastian 1225 Main Street Sebastian, Florida 32958 (772)321-6736 E-Mail: pchapline@cityofsebastian.org TO: All Parties Holdine Snecifcations Ql: If the screws for the 5V roofing system are driven through the current decking, the fasteners will be visible from the underside of the breezeways. How does the City wish to deal with the exposed underside of the breezeways? Does the City wish to include the required additional plywood decking in the base bid or handle it as a change order on a per sheet basis during the project? Al: Any screws going through the wood will be handled by the city Q2: How does the City wish to handle any fascia replacement required due to rotten fascia? Is there an amount of fascia replacement that should be included in the base bid or will all fascia replacement be handled as a change order during the project? Does the City have the paint or paint codes for the fascia and building? A2: Any wood rot will be replaced by the contractor at the time of roof replacement apon the approval of the city Q3. How does the City wish to handle the gutters currently attached to certain areas of the project? A3: 3Any gutters to be removed will be re installed by the contractor Page 1 of 2 if r�55 of 271 Q4: What buildings, breezeways and overhangs are being done? A4: All of the buildings, breezeways and overhangs located at and in conjunction with 1255 Main Street fimt have shincles are expected to be completed. Leave out the gravel roof on the front building and the very west small flat roof_ Again, The entire roofing area of the rear building (Senior Center) including the bathroom and all walkway canopies that are shingled. The front main roof and small west flat roof are not included. Q5: What will be the metal color for the roof9 Q5: Standard galvanized color. DATE: _ � WRITTEN SIGNATURE: PRINTED SIGNATURE• _ t►+ YI �%�.b'�—¢ _ COMPANY NAME:_ ' Ike.�� Page 2 of 2 56 of 271 Cm J SEBAST Administrative Services Department Procurement Division s '1225 Main Street _ 4Sebastian, FL 32958 HOME OF PELICAN ISLAND (772) 388-8232 August 3, 2023 ADDENDUM 92 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: 1TB 23-13 — Senior Center Re -Roofing FROM: Paul Chapline (Please contact the followinLy until Monday. August 7, 20231 City of Sebastian 1225 Main Street Sebastian, Florida 32958 (772) 321-6736 E-Mail: pchapline@cityofsebastian.org TO: All Parties Holdinu Specifications Q1: What buildings, breezeways and overhangs are being done? Al: All of the buildings, breezeways and overhangs located at 1255 Main Street that have shingles are expected to be completed. Leave out the gravel roof on the front building and the very west flat roof. Q2: Will the City be expecting the contractor to replace the roof vents? A2: Yes, the contractor is expected to replace the roof vents with like for like vents. Q3: What is the thickness of the plywood that you want the roofers to bid? A3: The City wishes for the contractors to install a price for 5/8 inch plywood in Section 9, Bid Form. DATE._ �'c�'rr_ 8 WRITTEN SIGNATURE: PRINTED SiGNATU COMPANY NAME: ti Ff 1►'�1 s�4 Page 1 of 1 57 of 271 rmCF SEBAST Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 HOME OF PELICAN ISLAND (772)388-8232 July 31, 2023 ADDENDUM #1 TO THE CONTRACT DOCUMENTS FOR THE CITY OF SEBASTIAN PROJECT NAME AND NUMBER: ITS 23-13 — Senior Center Re -Roofing FROM: Don Wixon City of Sebastian 1225 Main Street Sebastian, Florida 32958 TO: All Parties Holdini,. Specifications Cite staff HIGHLY Recommends Bidders attend the Pre Bid Meetinc as follows: A Non -Mandatory (Attendance Highly Encouraged) Pre -Bid Meeting and Site Visit will be held on Wednesday-. Auiust 2. 2023. at 10:00 A.M. Local Time in the Cite of Sebastian Cite Council Chambers._ Measurements by contractors will be taken at the Site Visit. Q1: What is the physical address of the Senior Center? Al: 1255 Main Street Q2: While the project can easily be completed within 25 days, the longest portion of the process tends to be the permitting process. What steps are contemplated by the City to have the permits issued in a timely fashion? A2: if all documents are submitted correctly, the City can generally turn a permit around in less than 48 hours. Q3: Based on the bid spec, we understand that the City wants to install a 5V roofing system. Would the City consider other roofing systems such as fastener flange to avoid issues such as screws backing out and causing Ieaks or otherwise compromising the roof? A3: The City cannot guarantee it will accept any material changes to the bid specifications, but the City will consider a bids, as submitted. Please be sure to include backup documentation supporting your bid. DATE:- WRITTEN SIGNATURE: V�Lq I�tLL.1� PRINTED SIGNATURE: COMPANY NAME: L�0�� - Page 1 of 1 -5iwLIerSeru16e:�, eAr(ye n�dAir, m 58 of 271 TO iorie or rmru� JTB #23-13, BID FORM SENIOR CENTER RE -ROOFING ` C �eo REFERENCELIISTBidder's Name: k � r%V_, 14z, List a minimum of three (3) client references that can speak to the Bidder's experienm and performance, within the last five (5) years. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect or the reference sloes not respond, the Bidder will lose points awarded for this criterion. Reference #1 �-------....----._-- _----••- I Company Name: Location (City, State): Contact Person: Contact Number: ��Znau ail Address: - _S TULC t IE � ) UU7_ it tesof Service:.-- — - -- _ f _.. ----...... 4 �blM—Q f.�ut :� .. �_� 1 Z3 _ Services Provided: MrOVI ,. %ffpc, lit_ Reference #2 Company Name: Location (City, State): Contact Person:PM Contact Number: 04;) Email Address: Dates of Service_ - Pit! - Services Provided: Reference #3 L - —I Company Name: 1; j . L, A� i t. — 0-� �-^�►= F _. f Location (City, State): Contact Person: - ! � i-t /�, 174 - t `q5; _ Contact Number: — -- -- 1 Email Address: p tQ LT 1 Dates of Service: I C-CM G19 0CYJ A l5; Z-5 Services Provided._..__.._—. Failure to fully coml)lete and submit this List may result in reiection of the submittal. Page 24 of 37 _V1 L• 59 of 271 ITB #23-13, BID ------ HD" °r" 'a`�H° SENIOR CENTER RB-ROOFING FORM - D S.US-CONTRACTORS LIST Bidder's Name: AL Phone #: `I M Title: SENIOR CENTER RE -ROOFING ITB M. 23-13 NOTE: List all sub -contractors and the percentages of work to be performed, you invited to bid on this project, whether they were selected or not. If sub -Contractors will not be used on this agreement, check the box below. Form must be submitted with your Bid. Use additional sheets if necessary. Ile City reserves the right to reject any Bids if the Bidder names tub -Contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. 'Ilse City reserves the right to inspect all facilities of any sub - Contractor in order to make a determination as to the foregoing. Company Name 2 3 4 5' 6, W6rk Ta Be-Perforimed- Percentage of Wort; to be Contact Telephone » re soon . Number 9 I afib-m that sub -contractors) will not be used to complete projects under this agreement. Print Preparer's Name: �� � � �� Title: Signature: 1C�'�% Date: Failure to WIN omp gg. sitrn and submit this Forth ma, result in rejection of the submittal Page 25 of 37 9/1 :�, 60 of 271 M3 1TB #23-13, BID - -- — — FORM n`o> bFe>txArrtsurir SEMOR CENTER RE -ROOFING E BIDDER'S DISCLOSURE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additionnl sheets rnav be attached ff reciulred. Bidder's Name: �LLAfJA u 4 I to , Address: -+ �• �- �Q —�--- Contact. Person: Title: TM - --- — Phone No.: -"Z 4IO4 Email Address: A� fs n r�g���re3 e—iin &>W Federal identification No.: �-1 a & This Business is: ( ) An Individual () A Partnership j A Corporation Bidder's License Na., if amtkable:- *Attach certificate of status, competency, and/or state registration (I) Has your Bidder or uny of its officers, received a reprimand of any n:3tnre or been suspended by the Department of Protessioual Regulations or any other regulatory agency or professional association within the last five (5) years? YES NO (2) Has your Bidder, or any member of your Bidder, been declared in default, terminated or removed from a contract or job related to the services your Bidder provides in the regular course of business within the last rive YES yer] NO (3) Ilan your Bidder uhad against. it or fled any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your Bidder provides in the regular course of business? YES N04 (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY oth affOlatiou or business relationship that may cause a conflict of interest. If none, write NONE. - - If yes, state t)ce nature of f3ie request for equitable adjustment, contract claim, litigation, or protest, and slate a brief description of die case, the outcome or status of the suit and the monetary amounts or extended contract time involved. 1 hereby certify duct all statements made are true, and I agree and understand that any miastaumenf or misrepresentation or falsication of farts shall be cause for forfeiture of rights for further comide r2pze77 n of this Bid for the. City of Sebastian. Sig t re Dam Failure to fuliv complete. sivn and submit this Disclosure may result in rejection ofthe. Page 26 of 37 61 of 271 Or -�' ITB #23-13, BID H0h'a°F"a'c"r'ts` M SENIOR CENTER RE -ROOFING DOCUMENT NOTIFICATION AFFIDAyff STATE OF COUNTY OF — -- — -- t, � I �� RL6-4—&OPS acknowledge that I have legal authorization (Frin�e) C�5 to contractually bind k t"'L'� t _ _t 1 ����1 (Company Name) FORM J F I acknowledge, that as part of my response to this solicitation. I have read and reviewed copies of the following documents/notifications, General Information Section, pages 4 through 8. • Conflict of Interest Disclosure Notification • No Lobbying Notification • No Collusion Notification • Immigration Laws Notification • Drug -Free Workplace Provisions Notification • Public Entity Crimes Notification + Debarment and Suspension Certification Notification, Bidder must submit their Profile Pate from. SAM with their Bid, + Scrutinized Companies Notification • E-Verify Acknowledgement Notification, Bidder must submit their Profile Pa-=e from B-Verify with their Bid. I hereby swear or affirm that I have read and that I understand and accept all the requirements and regulations imposed by the above -referenced documents -and that I acknowledge and accept that the above -referenced documents and all terms and conditions contained therein are included in tho response to this solicitation. Sigilet,re ^' l l �, Date The foregoing Affiid vit was sub�ibed an sworn o before p me this day of 2023, by �&VNvA , Taft � , e`. t- � who is personally known to me or who has produ ed as identification and who did take an oath. Notary Public Name: Notery PON, Stets of f vide Ak ch th f� W Reld 111i �N��� Explrea 1/2012027 `Signlfture: i C Notary Commission Expiration: Failure to fulht cowi)lete. sign and submit this Affidavit ma.%, resultin reriection of the submittal Fage 27 of 37 Y/r t62 of 271 an OF SEBASTLA ITB #23-I3, BID H°ME MrM AW SENIOR CENTER RE -ROOFING SECTION 7 - BIDDER QUALIFICATION QUESTIONNAIRE ('I"ltis form is not required to be included in the bid submittal. However, prior to any Contract Award, such Bidder Qualification Questionnaire must be completed and submitted by the Bidder, and reviewed and Approved by the City.) Submitted by. " ''^` ' ""' '"" F11Z ILE, Name of Bidd General Contractor's License #_ _w () An Individual ( ) A Partnership (<A Corporation Federal Identification Principal Office Addre (1) o many years has your orgFyamza ion been in busine as a contractor under your �p�r�e Bent am[e�? 1-7 (2) How many years' experience in Re -Rooting construction work has your organization had as a contractor? -- 17-As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/7e]. T•t a Amount ComnletiCP-MI Le iOn Ua&e Qf _Qwner Page 34 of 37 63 of 271 oFrnx�u�� ITB #23-13, BID SENIOR CENTER RE -ROOFING (4) Have you, ever failed to complete any work awarded to you? If so, where and why? r��ll C> (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other oprization, and reason therefore. (5) Has any officer or partner of your organization ever failed to complete any construction contract handled in own name? If so, state name of individual, name of owner and reason therefore. O (7) Give below any information which would indicate the: size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available f slizati non this Contract. �� �' t! L Lo l JAL urn ! LT4 I UD` fi iA11LA-*RpL6 () Has yo company eeu m disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the stature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigati Lg' (Use additional sheets if necessary.) Page 35 of 37 VIP' 64 of 271 ITB #23.13, BID SENIOR CENTER RE -ROOFING SECTION 8 - SCOPE OF WORK 1) Remove existing roofing to wood deck and replace any wood that is rotten. 2) Clean all surfaces meeting and exceeding City specifications, manufacturer's written specifications and instructions, industry standards and Florida Building Codes. 3) Fasten all wood deck to current City specifications, manufacturer's written specifications and instructions, industry standards and Florida Building Codes using ring shank nails. 4) Install self-adhesive modified sheet to entire deck (secondary water barrier). 5) Install 26 Gauge 5V Galvalume Metal to current Florida Building Code and manufacturer specifications and instructions. 6) The Roof package shall include all drip edges, valleys, and Ridge metal. 7) Install new Flashing at junction of roof to the wall of the art center building in accordance with current Florida Building Code and manufacturer specifications and instructions. 8) Price shall include disposal of all waste in a county landfill. COMPLIANCE TO SCOPE OF WORK FORM This Form is to record your bid material for the Re -Roofing Specifications. State "Comply" if the product you are bidding meets the specification, or list the Exemption if it does not comply with the specifications. Provide detailed information if you have bid an alternate. Thisahwi shall be, comldeted and submitted with r•&u>:bud, 1) Remov existing roofing to wood deck and replace any wood that is rotten. 2) Clean all faces meeting and exceeding City specifications, manufacturer's written specificatio& instructions, industry standards and Florida Building Codes. 3) Fasten all wood deck to current City specifications, manufacturer's written specifications and instructions, industry standards and Florida Building Codes using ring shank nails-_ 4) Install self-adhesive modified sheet to entire deck (secondary water barrier). 5) Install 26 Gauge 5V Galvalume Metal to current Florida Building Code and manufacturer specificationrVndd instmdio 6) The Roof pacole shall include all drip edges, valleys, and Ridge metal. — ( A T- 7) Install new Flasbing at junction of roof to the wall of the art center building in accordance with current Florida uilding C e and manufacturer specifications and instructions_ 8) Price shall incl ` - disposal of all waste in a county landfill . I Page 36 of 37 65 of 271 WIT SFEAS'q6r.4 SZ-0 ITB #23-13 BID �` "'° SENIOR CENTER RE -ROOFING SOLICITATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: 4,_ Aw- Pzc-F, m �L�+�r 1�z - 1 Company Address: � � �r .f �� �1 al Prone No: 4" - Please tell us how you found out this Invitation to Bid was released/available (mark all that applies): Indian River Press Journal (GPalm) xDemand&ar/Onvia City of Sebasdan Web Site VendorLink Other (please specify below) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Page 29 of 37 larf 66 of 271 c sa ITB #23-13, BID SENIOR CENTER RE -ROOFING IJ/A- STATEMENT OF NO RESPONSE If your Bidder is does not intend on submitting a Bid, please complete and return this form prior to the Solicilalion Opening date shown herein. Return by email (rI ri x �� �t _ �._�,.€�,, r or by mail to: CrrY OF SEBASTIAN ATTN:PROCUREMENT 1225 MAIN STREET SEBASTI.AN, FLORIDA 32958 Company Name: Company Address: Phone Number: We are not responding to ITB #23-13 — .SENIOR CENTER RE-R 0 G lar the fQHoWng reasons) (mark all that applies): Do not offer the goods) or services) required Our schedule would not permit us to perform responsibly Unable to meet specificadomVscope of work Unable to meet minimum requirements Insufficient time allonvd for preparation of response _— ProjectlBudget too small Specifications unclear— too vague, rigid, eta (please explain below) Other (please specify below) REW RKS Signature Print Name / Title Page 28 of 37 Date -Ay 67 of 271 cmar SEBASTIAN HOME OF PELICAN ISLAND ITB #23-13, Senior Center Re -Roofing Company Name All Area Roofing, Incorporated Highland Homes Roofing CMM Roofing, Incorporated LaPorta Contracting Rogers Roofing Construction The Roof Authority, Incorporated DMS Contractors, LLC Wooley Brothers, Incorporated Page 1ofI Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8232 Bid Total $49,375.00 $55,200.00 $59,950.00 $62,394.64 $65,000.00 $70,000.00 $73,585.00 $74,515,00 68 of 271 �mcf SESTIAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetiu2 Date: August 23, 2023 Agenda Item Title: Snow's Space Coast Superior Events — Halloween Boo -Bash Recommendation: Staff recommends approval for the Halloween Boo -Bash Event. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 2 day Halloween Arts and Craft event known as Boo -Bash at Riverview Park. Event dates are 10/21/2023 and 10/22/2023. Attendees range from 100-500 people throughout the event. If Agenda Item Reauires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: � nl City Manager Authorization: Date: 0 7 )a o NIA NIA NIA 69 of 271 Y �A Fe, K aIYOF SEAT-1 HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 "For emergency purposes ONLY, please dial 772.473.0454' NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appropriat (es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax - $106.50 $2Cb Security Deposit - $200 rent plus 6.5% tax - $213.00 ("\O Will event require road closures *Must provide detailed site plan with application. if requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval. Date: / -'Sc n Name of Permittee (permits may only be Issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address if Different ty State Zip Phone E-IVlall L 40P-" equested Date(s) Rain Date (if applicable) Time From • To AnticipaTed Number of Attendees coo sal 14rn't 1 n � r�l Reason for Rental = Type of Functon WIII there a any sale of goods? Yes No (If yes, please describe type of goods on back) Will there.Pe food or other vendors? Yes No (If yes, {Tease list name, address of each on back with description and schematic of structures (tents, etc.) to be erec or othese assembled on back. (May require Health Dept, or Fire Dept, permit) I, Krwi V 6 ((A �00 W , the undersigned, acknowledge that 1 am the applicant or authorized agent of the above referenced organization. l am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules presc6b by the City and ogre k the terms thereof- j 9' natu& of Applicant' Special Event/Park Use Application Rev 01.2021 1 70 of 271 - City of Sebastian Horne of Pelican Island City of Sebastian Municipal Police Department Anulication for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian., Florida 32458. Applicant yl �irrA PP G Mailing Address: �� 1 City:41 I , *** (3) Hour Minimum Per Each Officer Required` Rate Per Hour For Each Officer ..............S40.00 Rate Per Hour For Each Supervisor ........... $45.00 Rate Per Hour For Each Vehicle .............$3.00 (Ap lies to on -site utilization of vehicle) y c Requested By. pit 6J(:% �f-Y.)UJ State: � 1 ZipCodeL)�_— Telephone Numbers: (i Officer is required for attendance of 75 to 150 2 - Officers are required for attendance of 151 to 300) Number of Officers required: ` in Uniform: Plain Clothes: _ Starting Datc:/o '13/' o7dc;3 Ending Date: 1a ` ,5pa'� �n' I rArrN t { �j -}-- Starting Time: I l �, bo Ending Tim _�ir0d l Services Requested: 1=1�CAVC Service Location: -,c � wf V `f tv - Estimated Attendance: Alcoholic Beverages Served: Yes Other Comments or Duties: No Y_ Type .�- tc Received App ' ant's Signature ZPlease appl% online uuce you have been approved: litti)s://requests.detaiikommander.cont/sebastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 71 of 271 CITY OF SESAS-rl IIOME Of FLUCAN ISLAND OIILLOING ULFARUIENI ITRE pgkl'GNT10V 011Kk 1225 MMN STREET • SLEASTIAN. FLORWA 3205E TYI MONG ITM SE9 M37 FAX j 7721 SM 2.VW SPECIAL EVENT / PARK USE ONLY �/] Application date ., / PERMITTECH. "7 PERMIT NO, 2.3 Name of event: `1 df� Organization holding event:'S n61A 1) r �L /Vcxl� d� e L 04 Address location for event: I/� (}� `�� VV�� L11 (if not owner of site, provide written consent from property owner) Date(s) of event: I Ut,1��I 1Q �/�a wa3 Time(s) of Event: from: to: Contact person(;)- Chl lR,, �V?1ArPh Contacte-mailaddress:��iVG T1 pinlll�ilCii U Vff`;r�Dl' r L�'1 Date when ready for inspection: I i J ' 1 �iJTime: 1, Qo APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF LVLNT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING CZUESTIONAIRE 1. Location of cooking shown on attached sketch? YES y N/A (--)Or 2. Is any cooking taking place under a tent? If yes, Explain: _h 7q" �� �ri i� Q ►L� J sNo deed Ifrying permitted under a tent) 3. Describe Number, type and size of cookers � () �? 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) SPECIAL EVENT SITE INFORMATION 1. Number Of Dn-Site parking stalls utilized (provide a parking plan) 2. Is Off -Site or overflow par ing available? Explain (provide agreements with property owners)! 0 0'-e (_ 00IJ . 04'--, 40W L- n a v % 72 of 271 1. Number, type and location of proposed restroam facilities:&A"t4kq-,,/7 L Number and Type of temporary structure(s)� Size(s): 3. Temporary electric power? Please check: Yes �0 No Provided By: Portable Generator , /� Other If Other, please describe: ! / ` s 1� 4. Providing crowd control, s curity, or parking a cep Yes No 11 H yes, plea a describe: G� i� / %1 r V S. Estimatedatteri nce at peak time. Only items that In accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold In the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found In non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code viclation(s). I HAVE READ AND LINDE D THE FO OING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPLICANT'S SIGNATURE: �� PRINTED NAME: v Approved: Denied: By. Date: City Managers Signature Approved: Denied: By: Date: Fire Marshars Signature Fire Safety Specialty Fees Small SDecial Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurrina SDecial Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) l.aree Special Event: $60.00 All other Special Events (per event) •' ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE ss 73 of 271 CITY OF SEB�T��N nOAIL Or E'LLWAN ISL..ANO BUILDING BI:AAMMENt FIRE E'RE►'ENTION Of FiCE TIM MAIN ;(7721TREET -sE1N7, FAX FEAHEIM,._� VENDORS CHECKLIST rL1.FIMwNZ; {rr2! Sas9 SS.0 FAX (777) 589?5(w SPECIAL EVENT VENDOR REOUIREMENTS General: Please read carefully yy ) I itiat each. section and sign at the bottom. All vendors shall�beerresponsiible for the following ile s: 1 SPECIAL EVENT NAME, VENDOR NAME: ] ) ! �%�� lam" DATE(S) OF EVENT: I 1 �r ��� VENDOR CONTACT: �a a� '7 / /. - EVENT COORDINATOR:I ; �� enclosure unless prior approval from the Fire Prevention Office TENTS: All tents shall have some type of Flaine Retardant or Resistant Certiticate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. "IWWOKING TENTS: Tents are allowed to have cooking APt PROVED APPLIANCE along the outer edges of the tent. LP gas tanks must be secured in place (max cap 20lbs) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. All cooking vendors shall have a 10ft. separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS. FIRE EXTINGUISHERS: It is recommended that every vendor 'have an extinguisher. At least one currently certified and tagged, or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking and/or using generators are required to have at least one 51b ABC currently certified and tagged, or within one year of manufacture dale. (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently tagged Class K extinguisher. SEATING: Sealing and chair arrangements shall be approved dby the Fire Prevention Office prior to the event and have a minimum of 3ii. wide walkways to all exits in the tent. Tents with an occupant load of over 48 require a minimum of 2 exits. LARGE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOKING signs. OPEN FLAMES: Any unauthorized open flames, fireworks or ` fuel -fired lighting or devices are prohibited in any tent or similar is obtained. SPECIAL EVEUT PERMIT NO. TORAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. OOR)DECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre -approved flame retardant treated materials or livestock beddingifodder. ENERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupants/general public. Exhaust shall be directed away from combustible material(s), people and/or animals. Spare fuel shall be stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. /t/ELECTRIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupants/general public in a safe manner. All electrical connections and devices shall be in approved enclosures. OOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and extinguishment/suppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC), NFPA 1, NFPA 96, NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open and/or operate until compliance is made. l have read and understand I e bove vendor, requirements for this ecial Event X -Responniblr Patty In Chatge of Special Event 74 of 271 P- I (0 EB0 POVVER SASErvuv B 0 U L pt R-9, YNOW G)MM to t �n 44 VENDOR t)JILOAMIM6 oNLY H A R R 0 Ki 51 A; k'. 3'd ANNUAL HALLOWEEN ARTS & CRAFTS: BUSINESSES SEBASTIAN RIVERVIEW PARK OCTOBER 215` — 22"D 2023 SAT 9:30am-5 SUN 10-4 SPONSORS: RICKY T SAT- SUN 9:30-1 KENNY SNYDER SAT 1-4 BLUE DIAMOND BAND SUN 1-4 MANY FOOD TRUCKS! FACE PAINTING BOILED PEANUTS:KETTLE CORN SA CONTACT BARB SNOW AT 586-242-9931 p"ts*&p"pm&"c. EMAIL: oaroaradniisnow@yahoo.com 11W. v ��,,.........:, 76 of 271 OXIIIEMMOMM A`CORE® CERTIFICATE OF LIABILITY INSURANCE I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S� AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the Certificate holder Is an ADDITIONAL INSURED, the poligy(les) must have A— . ,I N- IL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER txsxracr Mitsylaylor Stabs Insurance Agency Inc. 1A�x�et (7M 42SI !a Kox (772) 42S"M 1010 SW Martin Downs Blvd ti stateinsuranoaageacom Palm City INSURED INSURERI )AFFORDWOCOVERAGE FL 34NO ENSURERA: RL) itl8UMF= Pany INSURER B : Barbara Ann Snow INSURER C : DBA: Space Coast Superior Events INSURER o: 1099 W ftper Rd SE INSURER E : Patin Bay FL 32NO INSURER F : C F 9ER�I I j1� C� REVISION Nl)�!(PR: }Hig IS % IFYTHATTHE POLICIES OF MCA OW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR COMMON OF ANY CONTRACTOR OTHER DOCUMENT WRH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I� 7YPEOF[NSINRANCB wUUI-uaR PW.ICY EFT' POLICY ExP utsD +vn POLICYNDrmER (MM�AE& (&94FDDrrrrn Lam NAIC S COWASMALGE iERALL)ABILITY f OD1,0,000 CtAIMS4ADE ®OCCUR KNIJE= PR�'MISFSf aoonmenwl $ 50'M MED EXP (Arn Oro person) S 5.000 A Y BOP1050166 01103 2023 0103 =4 PERSCXALaADV INJURY EN INCLUDED GEN'LAOGREGATEUMRAPPLIESPER GENERAL AGGREGATE S ZODDAW El PRO, ZODO,000 POLICY JEECT LOC PRODUCTS-COMPIOPAGG S aniEt: $ AUTOMOBILE UABMM NGLE UMn' $ ANYAUrD BOOILYWURY(Perpemson) $ OWKED SCHEDULED AUTOS ONLY AUTOS SO ILYINAJRY(Paaociderrt) $ _ KIRED �Y GE S _ AUTOSflrtl.Y A (PeraadAentlF S _ UIL8RE3LJLLlAB HC:410AmS4AAOE EACH OCCURRENCE S ©ICEssLIAB AGGREGATE s �� _ PER OT11* AND 9[PLOYHtS LNBILTTY Y 1 N STATUTE FR ANY PROPR EL EACH ACCIDENT S OFFICE RINMBHt EXCLUDED ❑ MIA (may In KH) E.L. DISEASE- PA EMPLOYEE S r vm desuft under DESCRIPnON OP OPE RATIONS below E.I.. DISEASE- POLICY UMf S DE UMSM= OF OPERATKMS I LOCArWMI VE3(ICLEB (ACORD tOT. AddMeeid Raeaarts schedul% may be atmcRed r mom apace to mqutrad) RE: Sebastian Riverview Park Boo Bash - October 21 22. 20M Ceddicato Holder isAdddional Insured with regards to General Liabft. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DFBCRISED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORIM REPRE59ATATPJE Sebastian FL 32958 10. I 01988 2015 ACORD CORPORATION. AU rights reserved. ACORD 25 (2016M) TheACORD name and logo are registered marks Of ACORD 77 of 271 City of Sebastian 1225 Main St. I Sebastian, FL 32958 J 772.589.5537 *** Customer Receipt *** Date:81712023 Planning Number: 23-2929 600 U S HIGHWAY 1 SEBASTIAN FL 32958 Paid By: NIA Payment Description: Barb Snow Boo -Bash Events 10/21/2023 and 10/22/2023 Payments Payment ID Received Payment Reference Fee Amount Date Type Num 12785034 817/2023 Cash Fire Speciai Event $60.00 Park Event Large $200.C-0 Park Event Large S200.W Security Deposit S20010 Tax $26.00 $686.00 Total $686.001 *** Thank you for your payment *** X THIS IS NOT A PERMIT. This receipt does not authorize you to begin construction on your project. 78 of 271 omY 5E��V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 23, 2023 Agenda Item Title: Snow's Space Coast Superior Events — Kris Kringle Market Recommendation: Staff recommends approval for the Kris Kringle Market Event. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 3 day Arts and Craft event known as Kris Kringle Market at Riverview Park. Event dates are 11/24/2023 through 11/26/2023. Attendees are expected to range from 100-500 people throughout the event. If Agenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review City Attorney Review: Procurement Division Review, if applicable: 117 City Manager Authorization: Ae Date: K h ? / ;Lv a' r NIA NIA NIA 79 of 271 CnOF 5E HOME OF PELICAN ISLAND 12-11 �-a 1112,( / `: G C^ tti\ — 1- I C C P'-� CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, please dial 772.473.0454 * NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 744DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE Of THE SECURITY DEPOSIT. Please check appropria b x(es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.S% tax - $106.50 $ 0 Security Deposit - $200 rent plus 6.5% tax - $213.00 JD Will event require road closures 'Must provide detailed site plan with application. *If requesting road closures, Include road closure plan. �7 'Special Events and Alcohol Beverage Request require City Council Approval. Name of Permittee (permits may only be issued to an adult) �hi'cai Addre �Ity State Zip ' Requested Date(s) Name of Organization (if applicable) Mailing Address if Different Y �a �y � 1� Nhr� lr�-a� ,r? q C�ry .a� } 1 , dDrr\ Phone E-Mail Rain Date (if applicable) r%� �d"'if��] � `-�e �,drn ��✓r����s o�J�r� ��-�t�C� CTi% r�r�P Time Fr To Anticipated Number of Attendees -fir 7, ,rrI n0 /-/&�r f� P m Reason for Rental = TypoPFunction' L Will theany sale of goads? Yes No (If yes, please describe type of goods on back) Will there b food or ocher vendors? Yes No (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be errie— back. (May require Health Dept. or Fire Dept. permit) I,the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am awprovisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed b the City and agree to the terms thereof. Ignature of Applicant Special Event/Park Use Application Rev 01.2021 I 80 of 271 City of Sebastian Nome of Pelican Island ' City of Sebastian Municipal Police Department Aimlication for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a nun -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 plain Street, Sebastian, Florida 32958. *** (3) Hour Minimum Per Each Officer Required"* Rate Per Hour For Each Officer ..............S40.00 Rate Per Hour For Each Supervisor ........... $45.00 Rate Per Hour For Each Vehicle .............$3.00 (Applies to on -site utilization of vehicle) c :� „lic, nt. . ���bF��A rY)i. i S�Y1 J(/ U% t/ / r'J� Mailing Address: I o -/ 11AJ f 7/e'dM_cCTS City: I m State: ZlpCode-:5� 9d Re test• qc ed By:.J�] ��3�t°�S1—V1dJ Telephone Numbers. (1 Officer is required for attendance of 75 to 150 : 2 - Officers are required for attendance of 151 to 300) Number of Officers required: In Uniform: Plain Clothes: Starting Date: / /���— � Ending Date: //— Starting Time: �'r` Ending Time: In 7 , Q� rY1 �� r f 1 Services Requested: !�;ellrJL, /N� �V-el n � � e��� or Service Location)tY/J l%� / /�TJ FYn Estimated Attendance: Alcoholic Beverages Served: Yes No X Type Ot er Comments or Duties: _.5D iyv 7 1�r '1/ el-rIllw_( / 1"! YS Date Received Applicant's Signature Please appl► online once win hire been approNvcf: hops://reuuests.dctailkommander.conysehastian Reviewed By Command Staff Officer's Signature Date Worked Time Worked Officer's Comments 81 of 271 CITY OF SIFIll-,TI- AN ROME OF HUCAN ISLAND DUILUI" DLT'ARI MENI RE ►A FIMNT1P' OFFICL QIS MAIN STREET • SEEASTLIN. FLORIDA 3NSR fF.Lr4F1DYE: I7M SRO W- rA:C j 777) SS7 „%66 SPECIAL EVENT / PARK USE ONLY 7r�( a f Application dateS', J Name of event. )C` rF) Organization holding event: �� a) Address location For event: ! I ly) Ill not owner of site, provide jwritten /consent from property owner) Date(s) of event: c��J // �fo 6 Time(s) of Event: from: /l A PERMITTECH. / JPOJJJ' PERMIT NO. Contact person(,).. 7f'V �+�+ �r�1.e1 Pho s): -'C)n C=PF7C:;; to: / '6�2n_. Contact e-mail address 1 f� / f /� �� Date when ready for inspection: /! �� L/ � Time: ID 7 APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. .• NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING OUESTIONAIRE 1. Location of cooking shown on attached sketch? YES _X_ N/A 2. Is any cooking taking place under a tent? If yes, Explain: 1 f n %l (No�leep,f; permitted under atent) 3. Describe Number, type and size of cookers J{�ev ./y/� .% _�J�l ffl 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) SPECIAL EVENT SITE (INFORMATION —) f J 1. Number of On -Site parking stalls utilized (provide a parking plan) 0 iO f jILA % L ,ill/ 2. Is 0 ite or overflow parking available? Explain (provide agreements with property owners) fJ ���� Q (y r rlv J 82 of 271 1. Number, type and location of proposed restroom facilities' r7'�y /.► / . 2 2. Number and Type of temporary structure(s): Size(s): 3. Temporary electric power? Please check: Yes �, No Provided By: Portable Generator Other If Other, please describe: 4. Providing crowd co ol, security, or p assinareoe? Yes X N if E MMj oma,I'P. a S. Estimateatr►e: Only items that In accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold In the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBAS TAN. Any vendor found In non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code vlolation(s). I HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST � I APPLICANT'S SIGNATURE: �/ rRINTED NAME: hvio Approved: Denied: EW. Date: City Managers Signature Approved: Denied: By: Date: Fire Marshals signature Fire Safety Specialty Fees Small SDecial Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurrine SDecial Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) Laree SDecial Event: $60.00 All other Special Events (per event) •' ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE •• 83 of 271 CITY OF 5EB�Tlk IIOME OF PELICAN ISLAND BUILDING DWARIMENr FIRE PREVENiIOS MICE A LE1•SEeAFLOR632956 M,LEM0NE(372r59 S7 F&Y 1:72159925" VENDORS EN1JO S CHECKLIST SPECIAL EVENT VENDOR REOUIREMENTS General: Please read carefully I initial each section and sign at the bottom. All vendors shall be res risible for the follow' g items: y� f_�( , J SPECIAL EVENT NAME: r�l'r n- f�it VENDOR NAME: , fri'I'�--�" �' r" DATE(S) OF EVENT:-: v 7 �J r, 1 VENDOR CONTACT:; ��C� C� �6/[7' EVENT COORDINATOR: j 3al {� �r enclosure unless prior approval from the Fire Prevention Office b ' d ENTS: All tents shall have some type of Flame Retardant or Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. (it00KING TENTS: Tents are allowed to have cooking (APPROVED APPLIANCES) along the outer edges of the tent. LP gas tanks must be secured in place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. All cooking vendors shall have a 1Oft. separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS. FIRE EXTINGUISHERS: It is recommended that every vendor have an extinguisher. At least one currently certified and tagged, or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking and/or using generators are re uired to have at least one 5lb ABC currently certified and tagged, or within one year of manufacture date. (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently f tagged Class K extinguisher. SEATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 30. wide walkways to all exits in the tent. Tents with an occupant load of over 49 require a minimum of 2 exits. LARGE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOKING signs. OPEN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any tent or similar rta s o me . SPECIAL EVENT PERMIT NO ORAGE: Use or handling of flammable liquids cr gases shall be prohibited at the site unless specifically approved and petted by the Fire Prevention Office. FLOORIDECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre -approved flame retardant treated 'terials or livestock bedding/fodder. GENERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupants/general public. Exhaust shall be directed away from combustible material(s), people and/or animals. Spare fuel shall be stored in an approved container at a safe distance from the generator, NO HOT FUELING Fire extinguisher required. L-E ECTRIC: wiring and lighting shall be free of darnage. All electrical equipment shall be isolated from the occupants/general public in a safe manner, All electrical connections and devices shall be in approved enclosures. i COOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and extinguishment/suppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC), NFPA 1, NFPA 96, NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open and/or operate until compliance is made. I have read and understand th ove vendor requirements fo/M.6 Event X�A R In Charge octal Event 84 of 271 AC RO® I DATEM=WYYYY) CERTIFICATE OF LIABILITY INSURANCE 07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE iSSUING fNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the Certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endgrsement(si PRODUCER F mazy aye State Insumnce Agency Inc. (772) 426439= WIC. Nox (772) 42"943 1010 SW Allafflr Dawns Blvd 114foertEScatesCstateinsuranceagentcom INSURER(() nAFSORDMO COVERAGE NAIC S Palm City FL 34M asuRERA: RU InsuiaRr a CAmpany INSURED INSURER B : Barbara Ann Snow INSURE! C : DBA: Space Coast Superior Everfs asuRERo: 1099 VAdsper Rd SE INSURER E : Palm Bay FL 32M INSURER F: %O COVERAGES N NUMBER: T CERTIFY THAT THE POICIF��CE�L� BEBJ ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY EFF POLICY EXP am yyyp POLICY NUMBER (11019001YYM 1110AMOFYYYY1 LETS COMUMCWL GENERAL LIABILITY CLAIMS4AADE ® OCCUR A Y BOP105DISS GENIAGGREGATE LtMrTAPPLIES PER: PaCCY ❑ .I R ❑ LOC OTHER: All! OMOSILE LIABUM ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS FURED NON4N NM AUTOS ONLY H AUTOSOe.Y U1mRELLALUIB WMESSUAB HQmJZLq, 8ilADE MMI�s wOR1IMi8 COM AND S' LIABILITY YIN ANY " a . • , „, _ NIA OFFICERJ1U., PpCN@DtE7EpJri/Ea Enwq rf Ye; dexrmo rardw DESCRIPTION OF OPERATIONS be W = IIADQ000 i GE 50.000 PREMISE$ (Ea eSxittre M1 f MEDEXP(Arnrorawroon) $ 5,000 01/0 rAM 01100/2024 PERSONAL&ADV INJURY s INCLUDED GENERALAGGREGATE S 2.000.000 PRODUCTS-CoMP1QPAGG S 2,000,000 S 18[NGLEUMJTffARRAig = BOMLY DUURY(Pef pemon) S BCO1YINJURY(PoracckluM S PROPERTYiaxidannl�GE _ (PIV S EACH OCCURRENCE i AGGREGATE S i PER I FORT"* E.L. EACH ACCIDENT f E.L. DISEASE- EA EMPLOYEE S EL.OISEASE- POLICY UMfr S DEscRwm OP OPERATIONS r LOCATIONS I vBacLEB WCORO im.Adagwd R=wft SCh0d 1% may be attwhod 11 mom, IS raquirco RE: Sebastian RHerview Park Kris Krlagle Market - November 24.25. 2023 Ceriiflcate Holder isAditonal Insured with regards to General Liabiflty. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, KOTICE WILL BE DELIVERED IN city Of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Whin Street Sebastian FL 32M I 01M-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016f03) The ACORD name and logo are registered marks of ACORD 85 of 271 OM CO ,0)(@klMUqj9 OMO 0 c; f I1 DI Rr 83 na (m i\dVils tflas N 4th ANNUAL KRIS KRINGLE MARKET SEBASTIAN RIVERVIEW PARK! NOVEMBER 24111-25T"-26Ttl FRIDAY ?JUVEMSER 24 FRLJI%..' 9AIM-7.10OP&A ARTISFS. CRAFTFFS, & ANY Rl,.'M(A-SW5 FGOD TRUCKS AL LIVE MUSIC! I OL fIll.p%-jjtqL al 87 of 271 City of Sebastian 1225 Main St. I Sebastian, FL 32958 1772.589.5537 *** Customer Receipt *** Date:811512023 Planning Number: 23-2951 600 U S HIGHWAY 1 SEBASTIAN FL 32958 Paid By: NIA Payment Description: Riverview Park : Kris Kringle Market 11/24/2023 thru 11/26/2023 Payments Payment ID Received Payment Reference Date Type ]Num 12788011 8/8/2023 Cash Fee lAmount Park Event Large $200.00 Park Event Large $200,00 Park Event Large $200.00 Tax $39.00 Fire Special Event $60.00 $699.00 Total $699.00 *** Thank you for your payment *** X THIS IS NOT A PERMIT. This receipt does not authorize you to begin construction on your project. J 88 of 271 CMCF SE�IAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 23, 2023 AGENDA ITEM TITLE: City Council Discussion and Direction on Draft FY 2023-24 Budget and Capital Program in Advance of Scheduled Public Hearings. RECOMMENDATION: Following the presentation, it is recommended that City Council discuss any concerns and provide direction to Staff in advance of the scheduled public hearings on the FY 2023-24 Budget and Capital Program. BACKGROUND: City Council was provided a briefing on the General Fund Budget and recommended proposed millage at the July 26, 2023 Meeting. At tonight's meeting, the City Council will be updated on the Operating Budgets for all the Funds and the Capital Improvement Program. A vote on the budget or millage is not necessary at this meeting. The Draft General Fund Budget had been balanced with a millage of 3.0503, which is a 5% rate increase over last year's millage of 2.9050 (16.09% above Rolled -Back). This enabled the addition of seven full-time positions and the 5% increases to employee pay as stipulated in the collective bargaining agreements. Since the Draft was published, there have only been adjustments to move strategic planning and senior center roofing up to this year, add back the insurance premium on the docks and allocate annual funding to the Sustainable Sebastian program. To consider additional pay changes to make wages more competitive and allow other desired budget adjustments, the City Council voted to set the proposed millage at 3.1955. This is a 10% rate increase over last year's millage (21.62% above Rolled -Back) and will provide additional revenue of $290,714. Highlights of the draft budgets for all the other City Funds will be covered in the presentation. We hope the City Council will discuss any concerns or pose any questions in advance of the scheduled special meeting for the required first hearing on September 18`h and scheduled regular meeting for the required final hearing on September 27". Attachments: 1. Power Point Presentation by Ken Killgore, Finance Director 2. Draft Budget and Capital Improvement Plan is Available on the City Website at the following link: httns: //www.citvofsebastian.org/DocumentCenterNiew/2103/Fiscal-Year-2023-2024-Draft- Budeet-Dated-July-7-2023?bidld= Finance Department Review:/1 City Attorney Review: dw 1,tt Procurement Manager Review, ifapplicable: City Manager Authorization: Date: eh 7/a Q 3 ,,,,1 .1 ci L N/: t 89 of 271 2024 Budget and Capital Program August 2023 Update Presentation for City Council August 23, 2023 Prepared By: Ken Killgore Finance Director a 2024 Budget and Capital Program Update — Priorities Remain ➢Adjust Staffing for Needs and More Efficiency ➢Shorten Time for Completing Projects ➢Catch-Upon Road Improvements ➢Initiate CRA Master Plan Improvements ➢Insure Cash Reserves are Well Funded ➢Continue High Play at Golf Course ➢Continue Airport Improvements/Grants 2024 Budget and Capital Program Update — Challenges Remain ➢Stay Competitive with Labor Market ➢Make Effective Additions to Staff ➢Make Changes to Shorten Procurement Time ➢Increases in Cost of Contracts and Purchases ➢Out -of -Control Rise in Insurance Premiums ➢ Implementation of Garbage Billing Balancing Stormwater Revenue to Expenses 2024 Budget and Capital Program Update — Positives Remain p Labor Agreements Commit to 5%Increases Present Cash Reserve Levels are Adequate No Long-term Debt A",CIP Funded With DST, LOGT, ARPA and Grants Escalating Consumer Purchases and Prices Have Also Increased Key Revenue Sources. Historic Increase in Tax Roll Additions Golf Course Play Remains High Airport Construction and Rentals are Robust IV 2024 Budget and Capital Program Update — Most Solutions Remain ➢Strategic Plan & Changes to Procurement Process ➢Funding for Organizational Efficiency Program ➢Funded Full -Time Positions: Deputy Clerk, Accountant, 2 Police Officers, Crime Scene/Evidence Technician &Building Inspector (+2 Police Officers in 2025) ➢Funded Part -Time to Full -Time: Evidence Technician, Mechanic and Assistant Golf Pro ➢Will Contract Out Swale Work for Road Work � 1:ct-3hli rh !^-,�h Pn � t� JLIf Inca pro r'it\, n��L� Wi 2024 Budget and Capital Program Update — Cautions & Concerns Remain � Current Economy May Be Unsustainable and We Need to Plan for The Potential Effects. � Should Insure Future Cash Reserves Can Be Maintained By Balancing Revenues to Spending. r Stormwater Fee Will Need to be Increased Funding Residential Garbage Cost: s Will Pay Contractor 100% of Residential Fees Up to 4% Tax Discount + 2% to Tax Assessor + 2% to Tax Collector +Delays in Payment (Franchise Fee?) n. iz N 0 a, 2024 Budget and Capital Program: Funds Other Than General Fund o No Published Updates Have Been Made to the Draft FY2024 Budget and Capital Program Sent in July and Posted to the City Website. o An Overview of the Draft FY2024 General Fund Budget Was Presented to City Council Prior to Voting on the Proposed Millage on July 26, 2023. oThe Next Power Point Slides Summarize Budgets for Enterprise and Funds Other than General Fund and the Capital Improvement Program. 2024 Budget Enterprise Funds: Golf Course o Enjoying Good Year. Continues. 2024 Budget Assumes This o Same $30,000 for Restaurant Lease. o Same $106,864 for Airport Rent. o $36,335 Principal and Interest on $700,000 Building Fund Loan. o $80,000 toward General Fund Loans. o Expecting $160,360+ on Sale of Golf Carts During FY2023. a 2024 Budget Enterprise Funds: Airport o Property Rental Revenue Expected to Increase With Rental of Hangar D. o Loans From Discretionary Sales Tax Fund: Hangar A $285,000 - $246,523 By 9/30/23. Hangar B $267,511 - $241,058 By 9/30/23. o Grant Matching From DST Fund: In 2024, $314,000 For Square Hangars and $85,191 on 2"d Half of Rehabilitation of Runway 05-23. Over Following Five Years, $1,644,640 for Matching on Taxiway Golf, Terminal Apron Expansion, NW Airport Access and Taxiway Bravo Design. 9 2024 Budget Enterprise Funds: Building o Permit Revenues Are Coming In Below Recent Levels and Will Need to be Watched. o Adding an Inspector Position in the Event Needed and Able to Be Hired. o Expecting $36,335 Principal and Interest Payment on Golf Course Loans: $700,000 Loan Will Be $522,610 By 9/30/23. $559,684 Loan To Be Paid After the $700,000. 10 2024 Budget Special Revenue Funds: American Rescue Plan Act Fund (ARPA) o Originally Allocated to Gardenia Ditch, Schumann Drive, Concha Dam, Employee Retention Payments and Road Work. o Must Be Obligated by December 31, 2024 and Totally Spent by December 31. 2026. o Improvement Projects Need Plans and Permitting Which Require Some Time. o Increased Road Work by Moving Schumann Drive to Discretionary Sales Tax Fund in FY24-25. 11 2024 Budget Special Revenue Funds: Local Option Gas Tax 0 o Projecting Collections at 3.5% Annual Increases for Future Years. o Being Used for All Road Preservation and Associated Swale Work, as Scheduled in Current Paving Management Program. 12 2024 Budget Special Revenue Funds: Discretionary Sales Tax o Projecting Collections at 3.5% Annual Increases. o Being Used for Road Work, as Scheduled Reconstruction & Swale in the Paving Management Program. o Also Funding: MIS Infrastructure, Police Vehicles and Equipment, A/C Replacements, CRA Projects, Splash Pad Replacement, Schumann Drive, Upstream Stonecrop Work, Canal Restoration and Other Stormwater Projects, Matching Funds for FAA and FDOT Grants at the Airport. 13 2024 Budget Special Revenue Funds: Riverfront CRA Fund o Operating Expenditures: oAudit Fees, Administration, Landscaping, Waterfront Renovations,, Other Facility Maintenance, Submerged Land Leases, Consulting Fees, Travel and Education Cost, Legal Ads, State Fee, Association Dues and Landfill Fee on Fisherman's Landing. o Special Events Moved to General Fund. o Working Waterfront Work Thru FY 26-27. o Central Avenue Catalyst Site in FY 27-28. 14 2024 Budget Special Revenue Funds: Recreation Impact Fee Fund o Unspecified Improvements ($5K per Zone). o Future Playground/Park Improvements: 023-24 Creative Playground. 024-25 Bryant Court Park. 025-26 Hardee Park and Schumann Park. 026-27 Community Center and Friendship Park. 027-28 Riverview Park. o Projected 2024 Fund Balance is $116,667 Provided Revenue Estimates Hold True. 15 F N 0 0 2024 Budget Special Revenue Funds: Stormwater Utility Fund o Personnel and Operating Accounts Are Exceeding the Revenue From Fees. o Capital Only Includes: oWalk Behind Concrete Saw. oSliplining or Pipe Replacement. o Expecting a Rate Increase in FY 24-25. 16 2024 Budget Special Revenue Funds: Smaller Funds o Law Enforcement Forfeiture Fund: Used Only for Unbudgeted Items. Specific Items Need City Council Approval. Current Balance is $521,350. o Parking In Lieu Of Fund: Used for Providing Additional Parking. Current Balance is $951331. 17 2024 Budget Trust Fund: Cemetery Trust Fund o % of Sales on Operations and Maintenance: oReplacing Mowers, a Truck and Trailer. oReplace Pump and Adding 2"d Well. oAllocation for Grounds Maintenance. oReimbursing $130,000 to General Fund. o Y2of Sales Expendable on Expansions or Cost Incidental to Adding Future Sites: oFunds Columbarium Niches in FY 24-25. Capital Improvement Program 2024 to 2029 Summary o $59.7 Million Over 6 Years. o $20.8 Million Next Fiscal Year. o Largest Items for Next Fiscal Year: $ 533,423 Street Repaving. 1,7801163 Street Reconstruction. 1115001000 Canal Restoration (2nd Part). 1,570,000 Construct Square Hangars. 1,703,823 Runway 05-23 (2nd Part). $171087,A09 Total of Largest Items o $13,874,632 Funded by Grants — 81.2%. 19 N 0 0C 0 2024 Budget and Capital Program Update— Actions Since Initial Draft ➢Strategic Planning Funds Moved to This Year. ➢Senior Center Roofing Moved to This Year. ➢Firearms Range Moved Out to FY25-26. ➢Removed Self -Insuring Dock With Reserves and Replaced With Annual Premiums. ➢Added $10,000 Per Year for Undefined Sustainable Sebastian Programs. 20 2024 Budget and Capital Program Update— Actions Since Initial Draft Initial General Fund Draft Budget Balanced at 3.0503 Millage (5% Above Last Year's 2.9050). >City Council Adopted Proposed Millage of 3.1955 (10% Above 2.9050). ➢Staff is Currently Vetting Possible Approaches. 21 2024 Budget and Capital Program Update — Final Note and Questions A Millage Below 3.1955 Will Require: Reductions to Expenditures (Employee Positions, Operating Accounts or Capital Items). � Deferral of "Competitive Wage Adjustments". ➢The Undesirable Use of Cash Reserves. For Millage of 3.0503 - $290,714 From Above. For Millage of 2.9050 - $581,429 From Above. 22 2024 Budget and Capital Program Update — Final Note and Questions ➢ Questions to Staff By City Council? ➢ Directions to Staff By City Council? 23 anOF SEPSTLN HOME OF PELICAN D CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: August 23, 2023 AGENDA ITEM TITLE: Discussion on the location and installation of a Gold Star Family Monument at the Veteran's Memorial at Riverview Park RECOMMENDATION: Staff recommends approval of the location and approval for staff to work with the Sons of the American Legion Squadron 189 to install a Gold Star Family Monument at the Veteran's Memorial at Riverview Park BACKGROUND: Peter Puzzo, Americanism Chair of the Sons of American Legion Squadron 189, attended the August 7 h Veteran's Advisory Committee meeting to request the Committee's support for this project to move forward to the City Council. The Veteran's Committee unanimously provided support for the group to propose the monument to the City Council for their consideration. Mr. Puzzo and Mr. John Kinlen, Commander, have provided a letter of request along with the design of the monument and an image depicting the proposed site. The size dimensions of the new monument would be similar to the existing monuments on - site. The Sons of the American Legion Squadron 189 would raise the funds needed for this monument to be constructed and installed. Attachments: 1. Request Letter, including proposed monument design and location provided by the Sons of the American Legion Squadron 189 Finance Department Review: City Attorney Review: Procurement Manager Review, if applicable: -L,J---1 C� ", IIA City Manager Authorization: kr Date: ell 7 /a o a 113 of 271 Proposed Gold Star Family Monument TO: Veterans Advisory Board City of Sebastian -City Council DT: July 24, 2023 FROM: Sons of The American Legion -Squadron 189 807 Louisiana Avenue, Sebastian, FL 32958 Attached please find the rendering of our proposal to create and erect another Monument in the City of Sebastian -Riverview Park, Veterans Memorial Circle. This monument will be placed abutting the Memorial Walkway between the Circle of Honor and the 4 Chaplains Monument and on the south side of the POW -MIA Monument. We believe that this tribute is a fitting one in consideration of the losses to these families. Further, much consideration has been given to the Gold star Mothers, but we feel that the whole family feels the pain of loss. As before, we will raise the funds needed for this stone through donations and fund-raising events, and will keep in close contact with the City as the stone nears completion. John Kinlen-Commander Peter Puzzo-Americanism Chair Squadron 189 114 of 271 RECOlxl;L C�NIZINCx OUR.... j 0!LDSIAR FAMILIES Sons of The American Legion Squadron 189 115 of 271 1 1 Blue Circle indicates placement of the Gold Star Family Monument Riverview Park, Sebastian, FL 32958 �0 116 of 271 ancF 571 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: August 23, 2023 Agenda Item Title: Approval of Resolution R-23-18, Authorizing the City Manager to Execute the FDOT Public Transportation Grant Agreement (PTGA) for the Design and Reconstruction of the Alpha Taxiway Parking Aprons. Recommendation: Staff recommends approval of Resolution R-23-18, authorizing the City Manager to execute all appropriate documents relating to the State of Florida FDOT Public Transportation Grant Agreement FM445975-1-94-01 for the design and reconstruction of the Alpha Taxiway Parking Aprons at the Sebastian Municipal Airport. Backzround: The current Alpha Taxiway Aprons have deteriorated to a "Failed" rating and are not usable for aircraft parking and movement. FAA and FDOT maintenance policies recommend a rehabilitation that will bring these surface conditions back up to a 100 pavement condition index rating. Other than the fully occupied hangar spaces, and six transient spaces at the airport terminal ramp, Sebastian Municipal Airport has no available parking or tie -down spaces for visiting or longer -term general aviation aircraft. This funding opportunity to proceed with the design and reconstruction of the failed areas will provide the needed tie -downs and allow the Airport to charge appropriate fees for the spaces sooner than previously anticipated. The accompanying Resolution authorizes the City Manager to accept the FDOT grant for up to 80% of the estimated design and reconstruction cost of $1,250,000. If Agenda Item Requires Expenditure of Funds: Total Budgeted Amount: $1,250,000 Total Cost: FDOT 80%= $1,000,000 Local 20%= $250,000 Discretionary Sales Tax Fund Attachments: 1. Resolution # R-23-18 2. PTGA FM445975-1-94-01 Administrative Services Department Review:/1 C 1 City Attorney Review: Procurement Divisio&tw, w, if applicable: N/;� City Manager Authorization: Date: f t 2 126 A I J 117 of 271 RESOLUTION NO. R-23-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) FM445975-1-94-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE "DESIGN AND RECONSTRUCTION OF TAXIWAY ALPHA PARKING APRONS" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian Municipal Airport current Runway Pavement Condition Index average for the Alpha Parking Aprons on the west side are rated as "Failed" and are unsafe for aircraft operations; and WHEREAS„ the Federal Airport Authority (FAA) and Florida Department of Transportation (FDOT) Maintenance Policies recommend a Design and Reconstruction that will bring the Apron surface condition back up to a 100 rating, as well as providing for lighting and apron markings; and WHEREAS, the FDOT has extended an Public Transportation Grant Agreement (PTGA) FM445975-1-94-01 in an amount of up to $1,000,000, for their 80% portion of the work, leaving an estimated remaining project cost for the City of Sebastian of $250,000; and WHEREAS, the City of Sebastian desires to improve the current Aprons and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute all appropriate documents in connection with Public Transportation Grant Agreement #FM445975-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. 118 of271 Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn Council Member Bob McPartlan Council Member Kelly Dixon Council Member Ed Dodd The Mayor thereupon declared this resolution duly passed and adopted this day of May, 2023. CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones ATTEST: Jeanette Williams, City Clerk Approved as to form and legality: Jennifer Cockcroft, Esq. City Attorney 119 of271 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000.01 STRATEGIC DEVELOPMENT OGC 07122 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item -segment -phase -sequence) 445975-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000427008 Contract Number: Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Citv of Sebastian, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in X26 Reconstruct ADron , as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X_ Aviation _ Seaports _ Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit 132: Advance Payment Financial Provisions _ *Exhibit 133: Altemative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance 12 R WO pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-0DO-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OW07W `Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor "Additional Exhibit(s): `Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2025. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 121?Ne22/Qf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 9. Project Cost: a. The estimated total cost of the Project is $1.250.000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $1.000.000 and, the Department's participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 12�89BJ:�q)f 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occo7122 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time - frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 12 NL Ipf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-M PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT GRANT AGREEMENT 043c07n2 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 1214a&25' bf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-M-01 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occ 07122 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): I. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. Ill. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan ([CAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 12?@19010f 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-OOMI PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occo7122 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 12Pae271 bf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT o0c07122 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sate of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. I. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 129g2$ pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07122 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit((Ddot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httr)s://harvester.census.aov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinaleAudit(@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the erid of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 12IRagIbU6f 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72"00.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07122 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSinaleAudit a0dot,state.fl.us State Funded: In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 216.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such. fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 1F9gWICY pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DE4ELOPMENT GRANT AGREEMENT Occ07122 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSincileAudit(a)dol.state.fl.us And State of Florida Auditor General Local Government Audits1342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen Iocalgovt(cDaud.State.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 1 Q6p& j� pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Dcc07ra vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. I3f%ef1�Qf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: I. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public -private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a parry to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of 1?�g414pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC ECIT DEVELOPMENT GRANT AGREEMENT OGc07r22 Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's or the Agency's sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policylies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, I 90TJ/Qf38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07r22 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policylies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Departments approval or failure to disapprove any policyres, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policylies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in ift9f ft9f 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000-01 STRATEGIC DEVELOPMENT OGC 07122 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Citv of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Steven C Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 1Q,�WJ�Pf38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCG4123 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): X26 Reconstruct Apron: Reconstruct apron area at the northwest section of Taxiway Alpha. Justification: Reference Area Section 5115 detailed in 2021 Airport Pavement Evaluation Report for Sebastian Municipal Airport, this area is evaluated as Failed with a PCI of zero (0). B. Project Location (limits, city, county, map): Sebastian Municipal Airport/Sebastian, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Apron Rehabilitation/Reconstruction: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement enhancement or reconstruction (such as concrete, asphalt, rejuvenators, or sealants), joint construction, pavement markings, lighting and signage, drainage, and utilities, including all materials, equipment, labor, and incidentals required to rehabilitate or reconstruct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron (Construction/Extension/Strengthening): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation, embankment, subgrade preparation, base course, surface course, joint construction, pavement markings, lighting system improvements (includes conduits, lights, conductors, cans, lightning protection, vault, and ALCS upgrades), high -mast lights and signage, drainage, utilities, and fencing and gates, including all materials, equipment, labor, and incidentals required to construct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron Lighting Installation/Upgrade: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey costs, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, demolition, trenching and backfilling, high -mast lights, signage, airfield lighting, cables, guidance signs, conduits, lightning protection, structural concrete, required vault equipment modifications, and pavement repairs, including all materials, equipment, labor, and incidentals required to complete the work. The Sponsor will comply with Aviation Program Assurances. Apron Markings: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey, construction inspection costs, mobilization and demobilization, maintenance of traffic, pavement marking removal, surface preparation, pavement markings, and safety barricades, including all materials, equipment, labor, and incidentals required to mark the apron. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. 1 F@W J7 Pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc04a3 E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 1 ��W 1 1 Pf 38 li 44"Z t,16c,* SIQre 4" 1 C.&ML > Xiv -Sebastiar 0 A,f I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-02 PUBLIC TRANSPORTATION STRP.TEGI DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGGGC23 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFAI Management Type Category Fiscal Code CFDA Number Year Number 445975-1-94-01 DPTO 088719 2024 751000 55.004 445975-1-94-01 LF 088719 2024 751000 55.004 Total Financial Assistance B. Estimate of Project Costs by Grant Phase: CSFA/CFDA Title or Funding Funding Source Amount Description Aviation Grant Program $1,000,000.00 Aviation Grant Program $250,000.00 $1, 250, 000.00 Phases" State I Local Federal Totals State Local Federal % % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0,00 Environmental/Design/Construction $1,000.000.00 $250,000.00 $0.00 $1,250,000.00 80,00 20,00 0.00 Capital Equipment/ Preventative $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Maintenance Match to Direct Federal Funding _ $0.00 $0.00 $0.00 $0.00 0.00 O.OG 0.00 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 (Transit Only) Totals $1,000,000.001 $250,000.001 $0.001 $1,250.000.001 I I `Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGETICOST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Laurie McDermott Department Grant Manager Name Signature Date 11�f2�1Tf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn 7254=42 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC0%3 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design -build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Laurie McDermott (email: Laurie.MDermottC�dot.state.fl.us) or from an appointed designee. Anv construction phase work performed prior to the execution of this required Notice to Proceed is not subiect to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department's Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department's right-of-way: a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. 14Oq f �� pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATIONSTRATEGIC " G'ENT DEVELOPMT GRANT AGREEMENT EXHIBITS OGC04n3 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or I1469K2270 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-OOM2 PUBLIC TRANSPORTATION STRArEGIT DEVELOPMENT GRANT AGREEMENT EXHIBITS occoan; estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. I. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final "walk-through" by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, 1JT�WPpf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC O 23 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department's District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. 1 R-49W Z4 pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 ENGINEER'S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans for construction on the Department's Right of Way certified by the Engineer of Record/CEI. SEAL: By: . P.E. Name: Date: 1,Dg?��1of 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forte 725-000-02 PUBLIC TRANSPORTATION sTFuE DEVELOPP MENNTT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 1Re9WZ$70f 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION srwE DEVELOPP MENNTT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit "B", Schedule of Financial Assistance, as well as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning 1,F@W ?7/ Pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04/23 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions 1 RRgiefW Of 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04/23 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. 1 �RWW � pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-M-02 PUBLIC TRANSPORTATION DEVELOPM NIT GRANT AGREEMENT EXHIBITS OGC04123 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. 1?#W �q pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fortn 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost -feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency's Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 15�gef 2J lof 311 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC W23 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency I f pg� �2 pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 726-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC0:3 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non -airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer -aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA's priority system. 3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). IF�%TZ%Pf311 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC04123 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State -certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its market value. 11��W3147gf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section 6.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. l gjgoef31� ?f 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC O 23 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - IRgW_i pf 38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-ODD-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc04123 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112,061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address httosalwww.mvfloridacfo.comlDivisionlAA/Manuals/documents/ReferenceGuideforStateExaenditures.Ddf. 9 i irii/S° - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION DEVSTRATEGIC ELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 ON : 11 :11 Iffici AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: -- Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55,004 *Award Amount: $1,000,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: httos://apes.fldfs.com/fsaa/searchCataloo.asox COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: htti)s://api)s.fldfs.com/fsaa/searchCompliance.asr)x The State Projects Compliance Supplement is provided at: htti)s://apes.fldfs.com/fsaa/compliance.asDx 1�1%ef�5Ff 38 cc��an Cf .7�'," HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 23, 2023 Agenda Item Title: Approval of CSA #21-03 With Kimley-Horn and Associates, Inc. to Provide Design and Construction Plans for the Riverview Park/Harrison Street Redevelopment Project Recommendation: Staff recommends approval of CSA #21-03 with Kimley-Horn and Associates, Inc. to provide consulting services associated with the Riverview Park/Harrison Street Redevelopment Project Baclmround: Kimley-Horn and Associates, Inc., will prepare a conceptual design and construction plans for the renovation and enhancement to the east end of Harrison Street and Riverview Park, east of US Highway 1 and west of Indian River Drive. Improvements will consist of the closure of a portion of Harrison Street and the redevelopment of an access road to Indian River Drive utilizing the existing overflow parking alignment road. The improvement plan will also address drainage and parking plans for the current overflow parking lot south of Riverview Park. Kimley-Horn and Associates, Inc., performed the initial boundary and topographic survey in 2021 and is one of the City's continuing services consultant firms. If Auenda Item Requires Expenditure of Funds: Budgeted Amount: $73,591.00 Total Cost: $69,600.00 Funds to Be Utilized for Appropriation: Discretionary Sales Taxes Attachments: 1. CSA#03 Administrative Services Department Review -.-I City Attorney Review: ` Procurement Division Review, if applicable: N r c City Manager Authorization: v Date: 9-// 7/ as ,� � 158 of 271 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Kimley-Horn and Associates, Inc. 445 20 Street, Suite 200 Vero Beach, Florida 32960 Work Authorization No: CSA - 3 Proiect Title: Riverview Event Complex IT IS AGREED to undertake the following work in accordance with the provisions of the Kimley-Horn and Associate's Master Agreement entitled Non -Exclusive Engineering Consulting Services Agreement — Citywide, dated February 2, 2021. Description of Assignment: Kimley-Horn will prepare a conceptual design and preparation of construction plans for a renovation and enhancement to the existing Riverview Park east located east of US Hwy 1 and west of the Indian river near the intersection of US Hwy 1 and Harrison Street in the City of Sebastian. Improvements consist of the closure of a portion of Harrison and the redevelopment of an access to Indian River and parking to the south of the park. Task i — Conceptual Design Kimley-Horn will utilize the topographic survey previously approved as part of a separate contract along with other readily available data, aerial imagery, as -built plans (if available), to compile a base map suitable for development of conceptual design alternatives and final construction documents. Task 1A. Draft Concept Design (City Staff Review) Kimley-Horn will prepare two (2) conceptual design exhibits for the project, based on initial conversations with the client, and the completed on -site inventory and analysis of existing conditions on the survey prepared as part of a separate agreement. The draft concept designs will be representative of the specific aspects of the project, as described in the Project Understanding. Deliverables within the draft concept design for City staff review and comment are limited to two plan view conceptual designs for the proposed improvements and one detail sheet showing proposed site features. The draft concepts will be provided in color, 11"x17" PDF format for digital distribution to the client. Task 1B. Preliminary Concept Design (Public Review) Upon receiving Client input and written approval, Kimley-Horn will refine one (1) draft concept design up to one time to create a preliminary concept design for stakeholder and community review. Deliverables within the preliminary concept design alternatives package for public viewing and comment are limited to the following • One (1) reference image board to show conceptual plan with site elements Kimley-Horn will provide the preliminary concept design to the Client in 11"xl7" digital PDF format for distribution I circulation within the community in order to facilitate virtual public engagement, review, and comment. Virtual and I or in person review advertisements, circulation, and feedback data collection will be the responsibility of the Client. Task 2 — Attendance at Meetings This task consists of the attendance of the Kimley-Horn project manager and Landscape Architect at up to two (2) public meetings. The public meetings will be in conjunction with the Conceptual Design. Task 16 above and feedback from residents will be incorporated into the conceptual planning. This task consists of up to three (3) City I project team meetings with City staff to review project plans and coordinate design. Task 3 — Traffic Analysis Kimley-Horn will perform a traffic impact analysis for the subject project based upon input from City of Sebastian Staff. Specifically, Kimley-Horn will undertake the following as part of this task: A. Conduct AM peak hour (7AM — 9AM) and PM peak hour (4PM-6PM) turning movement counts at up to five (5) intersections. if additional traffic data is required based on specific comments and requirements from City of Sebastian staff, the additional data collection can be performed as an additional service. B. Perform an intersection level of service analysis at up to five (5) intersections during AM peak hour and PM peak hour existing and future traffic conditions. If additional intersection analysis is required by City of Sebastian staff, the analysis can be performed as an additional service. 159 of 271 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) ,. C. Perform a roadway level of service analysis for the roadway segments of Harrison Street, Sebastian Boulevard, and Indian River Drive during AM peak hour and PM peak hour existing and future traffic conditions. If additional roadway segment analysis is required by City of Sebastian staff, the analysis can be performed as an additional service. D. Review of mitigation measures and/or improvements that are programmed to be implemented either by government agencies or other developers that can benefit the project. E. Identify various mitigation measures that may be required to offset any off -site roadway or intersection deficiencies caused by the project. F. Prepare a bound traffic impact analysis suitable for submission to City of Sebastian staff documenting the findings related to the project's ability to satisfy the requirements of City staff. The report will be provided to City staff in draft form for review and discussion prior to finalizing and submitting for final review. G. Prepare for and attend up to two (2) project related meetings based upon analysis findings. H. Respond up to two (2) rounds of draft report document review comments. Depending on the results of the traffic analysis, other roadway improvements may be recommended. Design and permitting of these are not included in this contract but can be provided as an additional service. Task 4 — Preparation of Construction Documents This task consists of the preparation of construction plans for the proposed improvements as part of Phase l of the Riverview Event Complex. The proposed improvements will consist of the redevelopment of approximately 250 LF of Harrison Street into a pedestrian zone for pedestrian connectivity between the north and south sides of the existing Harrison Street. Based upon the City approved Conceptual Design package developed in the above tasks, Kimley-Horn will develop Construction Documents containing the following information: • Cover Sheet Kimley-Horn will prepare a Cover Sheet which will consist of project contact information, sheet list table, vicinity map and other general project related information. • General Notes Sheet Kimley-Horn will prepare a General Notes sheet which will consists of general Erosion and Sedimentation Control, Site, Grading and Demolition notes. • Demolition and Erosion and Sedimentation Control Plan Kimley-Horn will prepare a Demolition and Erosion Control plan that is consists with the Florida state requirements for erosion control. This plan will include limits of disturbance, limited demolition of items in the work area, and erosion and sedimentation control measures to be implemented by the contractor during construction. Kimley-Horn anticipates that this project will be more than 1 acre of disturbed area and will need to have an NOI filed by the contractor. • Site Plan Kimley-Horn will prepare a dimensional site plan that conforms to the City of Sebastian permitting requirements which will depict the location of the proposed improvements, location of sidewalks to pedestrian interconnectivity, curbing, striping, hardscape, and site furniture. • Grading and Drainage Plan Kimley-Horn will prepare a limited Paving and Grading Plan showing the proposed elevations and surrounding grades of proposed improvements to Harrison Street and proposed improvements. The plan will identify paved areas for proposed sidewalk, hardscape in the location of Harrison Street to be redeveloped and other areas of proposed paving as part of the limited improvements. Limited impacts to the existing underground stormwater system are anticipated. • Utility Plan Kimley-Horn will prepare a limited Utility Plan that will consist of location of existing utilities which were located as part of the Survey previously prepared. It is understood that there is no significant utility relocation work anticipated for the proposed project scope, and therefore the utility plan will be limited in nature to just minor utility work within the Harrison Street right of way. Site electrical design is not included as part of this scope. ■ Code -required Tree Protection and Landscape Planting Plan ■ Schematic Irrigation Plan This plan is limited to a schematic irrigation plan for just the landscape improvements within the areas of improvement. This does not include irrigation design in Riverview Park or associated with any relocation of the pavilion or amphitheater. • Construction Details (site) It is understood that the scope does not include improvements to the existing bathrooms, relocating the existing playground, beach volleyball courts, or proposed amphitheater. Construction Documentation Submittals will be as follows: Submit an electronic PDF set in 24"x36" format of the Contract Documents to City of Sebastian for review at 60% and provide a final electronic PDF set at 100% completion. 160 of 271 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) • One (1) opinion of probable cost of construction (OPCC) shall be submitted with the final conceptual design and at 100`Ya completion in 8.5"xl 1" electronic PDF format. This task consists of the effort to revise the plans based on one round of comments from the City and up to one round of comments from each of the agencies noted below in Task 5. Task 5 — Permittina Assistance As part of this scope, Kimley-Horn will prepare applications and supporting documentation for the following permit applications anticipated for the proposed improvements: City of Sebastian Site Plan approval St Johns River Water Management District Environmental Resource Permit Modification FDEP State NOI — Kimley-Horn will assist the City contractor in their submittal to the State for coverage under the general permit There are no water or sewer improvements anticipated, so a FDEP water or sewer permit and applications are not anticipated or included in the scope. Due to the nature of the scope of improvements, Kimley-Horn anticipates up to two rounds of comments from each of the agencies having jurisdiction above and will respond to up to two rounds of comments from the permitting jurisdictions above as part of this task. Responding to requests for additional information beyond what is normal and customary, and responding to permitting issues beyond our control are outside of this scope of services and will be provided, as needed, as an Additional Service only after prior written authorization by Owner. Efforts to respond to issues raised during the permitting process, which cannot currently be anticipated, shall be considered Additional Services. No work is anticipated within 50' of the US Highway 1 right of way, therefore a permit application for access or drainage through the Florida Department of Transportation (FDOT) is not anticipated for this project or included in this scope. If the scope of the improvements are modified and work is anticipated to be within 50' of the FDOT right way, permitting for these improvements can be provided as an additional service. There are no anticipated improvements within the coastal construction control line and therefore no permitting with the FDEP for impacts to the line are included. Task 6 — Construction Phase Services Kimley-Horn anticipates a limited construction phase services scope which will consist of the following: Pre -Construction Conference. Consultant will attend one (1) two-hour Pre -Construction Conference prior to commencement of construction activity. As -built review and Certification Kimley-Horn will review the as-builts provided by the City's selected contractor and provide one round of comments to the contractor. Once the as-builts are deemed to be in substantial compliance with the approved plans for each of the agencies listed above, Kimley-Horn will prepare final engineering certifications to the agencies listed above. No other construction phase services are included such as responses to requests for information (RFIs), review of shop drawings, or additional site visits. It is understood that the City will review and respond to all bid questions, RFIs, pay apps and shop drawing reviews. Pricing Description Quantity j Contracted Unit Price Conceptual Design $7,500 Attendance at Meetings $5,200 Traffic Analysis $16,500 Preparation of Construction $23,300 Documents Permitting Assistance $13,100 Construction Phase Services $4,000 Basic of Compensation/Period of Services: The above referenced description for CSA #3 will be performed for a fee in the amount of $69,600.00. TOTALS AGREED: 161 of 271 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) qKimlHoorn : CITY Of SEBASTIAN: Date: l SZ 3 Date: d, eNor Vice President Brian Benton d Associates, Inc. Interim City Manager Attest: Approved as to Form and Content for Reliance by the City of Sebastian only: Jeanette Williams, MMC, City Clerk Jennifer Cockcroft, City Attorney 162 of 271 crtvc� SEBASTLAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: August 23, 2023 Agenda Item Title: Ordinance 0-23-09 - Petition for Voluntary Land Swap - 0.07 ACRE PARCELS, 600 Schumann Dr. Recommendation: Hold first reading for Ordinance 0-23-09. If approved, proceed with second reading and public hearing Background: This is a request for an exchange of land between the property owner, Schumann Road Indian River, LLC, and the City of Sebastian. The applicant, Lawrence T. Maxwell, has proposed to swap portions of similar size lands (approximately 0.7 acres each) adjacent to each other in order to develop a more compact site plan and provide public improvements to the City property known as "Historical Park". Current land use and zoning for the City property is Institutional and Public Service (PS). Current land use and zoning for the Schumann Road property is General Commercial and Commercial General. Both properties will "exchange" land use and zoning designations concurrently with the land swap application. Certain benefits were proposed as part of the land swap including a sidewalk along Schumann Road, improved access to the Historical Park, and an extensive landscape buffer between the properties and along Schumann Road. Attachment A to this agenda transmittal provides a statement and technical information for the property provided by the applicant, including the proposed public improvements (contained in Attachment 8 therein.) In accordance with the City charter, the City Council has the authority to acquire or sell land. Per City of Sebastian Code of Ordinances Sec. 2-93(c) -Exchange of real property. When the city council finds it is in the public interest to exchange real property owned by the city.for other real property needed to fulfill a city purpose, the city council shall adopt an ordinance authorizing the exchange on such terms and conditions as the cityfinds is in the public interest. The proposal is consistent with the goals, objectives and policies of the City's 2040 Comprehensive Plan. The exchange of real property provides a more compact and desirable development in exchange for public benefits. The proposal does not appear to present an adverse impact on the public health, safety, welfare, or aesthetics of the City or region. Should the Council wish to move forward with this request, Staff recommends the following conditions be met prior to adoption: l . Provision of the following: a) a title opinion for the property the City is acquiring; b) a limited Phase 1 Environmental Assessment for the property the City is acquiring; and c) a legal description and survey by the applicant for both parcels (Exhibits A and B to the Agreement.) 2. Written description of the proposed public improvements as shown on Attachment 8, included as part of Attachment A to this transmittal (seen in Exhibit C of the Agreement.) If Agenda Item Reouires Expenditure of Funds: NIA Attachments: 1. Ordinance 0-23-09 2. Parcel Exchange Agreement 3. Attachment A - Statement and technical Administrative Services Department Review: City Attorney Review: Procurement Division evi , if applicable: City Manager Authorization:IL-- e-" ' proper information fr m appli ank J/R Date: ��/ 7 .� e�� �� ^ 271 ORDINANCE NO.O-23-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE EXCHANGE OF PARCELS PURSUANT TO SECTION 2-93, CITY OF SEBASTIAN CODE OF ORDINANCES, REGARDING THE CONVEYANCE OF A 2,985.10 SQUARE FOOT PARCEL FROM SCHUMANN ROAD INDIAN RIVER, LLC TO THE CITY IN EXCHANGE FOR THE CONVEYANCE OF A 2,977.20 SQUARE FOOT PARCEL FROM THE CITY TO SCHUMANN ROAD INDIAN RIVER, LLC; DESCRIBING EACH PARCEL; FINDING THE TERMS AND CONDITIONS OF THE EXCHANGE OF PARCELS TO BE IN THE PUBLIC INTEREST; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Schumann Road Indian River, LLC, a Florida limited liability company ("Schumann"), owns certain property at the intersection of Schumann Drive and U.S. Highway 1, within the existing corporate limits and boundaries of the City of Sebastian with the following Indian River County Property Appraiser Parcel Identification Numbers 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 (collectively, the "Schumann Parcel'); and WHEREAS, the City of Sebastian ("City") owns certain property northeast of the intersection of Schumann Drive and U.S. Highway 1 and adjacent to the Schumann Parcel, within the existing corporate limits and boundaries of the City of Sebastian with the following Indian River County Parcel Identification Number 31391700002000100000.0 (the "City Parcel'), that the City currently utilizes as Schumann Drive Park; and WHEREAS, Schumann desires to develop the Schumann Parcel for various commercial retail uses that serve the communities in the vicinity of the Schumann Parcel (the "Intended Use"); and WHEREAS, Schumann and the City have determined that it will be mutually beneficial to enter into an exchange of parcels, to wit: a 2,985.10 square foot portion of the Schumann (the "Schumann Exchange Parcel"), will be conveyed by Schumann to the City, in exchange for a 2,977.20 square foot portion of the City Parcel (the "City Exchange Parcel"), to provide a public benefit to the City and fulfill a City purpose by allowing improved access for and configuration of the City Parcel for use in conjunction with the Historical Park and to allow Schumann to more efficiently develop the Intended Use to provide commercial retail services to the residents of the City; and WHEREAS, the City has determined that the Parcel Exchange and provision for public improvements is in the public interest, serves a public purpose and fulfills a City purpose; and 164 of 271 WHEREAS, the City Council of the City of Sebastian has the power and authority to adopt this Ordinance pursuant to Section 2-93, City of Sebastian Code of Ordinances; and WHEREAS, the City has complied with all requirements and procedures of the laws of the City of Sebastian and the State of Florida in adopting this Ordinance. Now therefore, the City Council of The City of Sebastian, Indian River County, Florida adopts the following: Section 1. Legislative Findings and Intent. The City Council of the City of Sebastian hereby adopts and incorporates the above recital clauses into this Ordinance as true and correct. Section 2. Exchange of Parcels (a) The City hereby approves the property exchange agreement attached hereto and incorporated herein by reference (the "Agreement") regarding the Parcel Exchange. (b) The Mayor and City Clerk are hereby granted and shall have the authority to execute any and all documents that are the subject of the Agreement and this Ordinance to implement the Parcel Exchange. (c) The City specifically determines that the City Exchange Parcel is not needed for a public purpose or use, the Schumann Exchange Parcel provides a greater benefit to the City and that the Parcel Exchange will serve a public purpose as described herein. (d) The City authorizes the conveyance of the City Exchange Parcel to Schumann by means of a warranty deed, executed by the Mayor of the City and attested to by the City Clerk, that specifically releases and abandons any and all reversions, reservations and rights of entry including, without limitation, mineral rights vested in the City pursuant to the provisions of Section 270.11, Florida Statutes. (e) The City authorizes the acceptance by the Mayor of the conveyance by Schumann of the Schumann Exchange Parcel to the City by means of a special warranty deed executed by an authorized representative of Schumann. (f) The costs associated with the Parcel Exchange and associated improvements, preparation of the legal descriptions for the City Exchange Parcel and Schumann Exchange Parcel, and the recording of the special warranty deeds shall be borne by the Schumann. Section 3. Filing. A copy of this ordinance shall be filed as required by the laws of the City of Sebastian and the State of Florida. Section 4. Notice. Notice of the consideration and adoption of this Ordinance has been provided as required by the laws of the City of Sebastian and the State of Florida. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager' s designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. 165 of 271 Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Severability. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. Effective Date. 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. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and legality: Jennifer Cockcroft, Esq. City Attorney 3 CITY OF SEBASTIAN, FLORIDA Fred Jones, Mayor 166 of 271 PARCEL EXCHANGE AGREEMENT This Parcel Exchange Agreement (the "Agreement") is made and entered into as of the _ day of , 2023 (the "Effective Date") by and between Schumann Road Indian River, LLC, a Florida limited liability company (the "Schumann"), whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801, and the City of Sebastian, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (the "City"), with both parties being grantors and grantees hereunder as to certain properties as described below. Schumann and City may be collectively referred to as the "Parties," or individually as a "Party." RECITALS: WHEREAS, Schumann Road Indian River, LLC, a Florida limited liability company ("Schumann"), owns certain property at the intersection of Schumann Drive and U.S. Highway 1, within the existing corporate limits and boundaries of the City of Sebastian with the following Indian River County Property Appraiser Parcel Identification Numbers 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 (collectively, the "Schumann Parcel"); and WHEREAS, the City of Sebastian ("City") owns certain property northeast of the intersection of Schumann Drive and U.S. Highway 1 and adjacent to the Schumann Parcel, within the existing corporate limits and boundaries of the City of Sebastian with the following Indian River County Parcel Identification Number 31391700002000100000.0 (the "City Parcel"), that the City currently utilizes as Schumann Drive Park; and WHEREAS, Schumann desires to develop the Schumann Parcel for various commercial retail uses that serve the communities in the vicinity of the Schumann Parcel (the "Intended Use"); and WHEREAS, Schumann and the City have determined that it will be mutually beneficial to enter into an exchange of parcels, to wit: a 2,985.10 square foot portion of the Schumann Parcel as more particularly described in Exhibit "A," attached hereto and incorporated herein by reference (the "Schumann Exchange Parcel"), to be conveyed by Schumann to the City, for a 2,977.20 square foot portion of the City Parcel as more particularly described in Exhibit `B," attached hereto and incorporated herein by reference (the "City Exchange Parcel"), to provide a public benefit to the City and fulfill a City purpose by allowing improved access for and configuration of the City Parcel for use in conjunction with the Historical Park and to allow Schumann to more efficiently develop the Intended Use to provide commercial retail services to the residents of the City; and WHEREAS, the exchange of parcels and completion of the Additional Public Improvements at no expense to the City is in the public interest, serves a public purpose and fulfills a City purpose. 1�Page City of Sebastian Schumann Rd Parcel Exchange 2023 167 of 271 WITNESSETH.- NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The Recitals and exhibits referenced as set forth above have been relied upon by the Parties, are incorporated herein by this reference thereto and are hereby made a part of this Agreement as if fully set forth herein. SECTION 2. THE EXCHANGE/SALE TERMS. Schumann, at its sole cost and express, agrees to convey the City Exchange Parcel to the City and make certain public improvements. City agrees to convey the Schumann Exchange Parcel to Schumann. There shall be no further consideration aside from the mutual exchange of the Parcels, the additional benefit to the Schumann Property and the City Park Property, respectively, and the additional public benefit from the Additional Public Improvements. Said Additional Public Improvements are to be paid for in full at the sole cost and expense of Schumann and include the following: attached and described in Exhibit C. SECTION 3. INSPECTION PERIOD. Each of the Parties may perform such reasonable tests and investigations of the Parcel that such Party is to receive, which is or are desired to determine if it is suitable to for the purposes intended. Schumann agrees to pay or reimburse the City for such reasonable tests and investigations such that the City incurs no expense for the testing or investigations. Each of the Parties shall have sixty (60) business days from the Effective Date ("Inspection Period") to undertake such physical inspections and other investigations of and concerning the Parcel that it will receive, including surveys, soil borings, engineering and environmental studies and other tests, studies and examinations, as each Party considers useful and for its consultants to review and evaluate the Parcel to determine if it is suitable in that Party's sole and absolute discretion. Each of the Parties will allow the other Party and its representatives and agents reasonable access onto the respective Exchange Parcel to conduct such tests and studies each Party may determine to be necessary. Either Party may terminate this agreement during the inspection period. Upon termination, all rights and obligations shall be null and void and neither Party shall be liable to the other Party. SECTION 4. EVIDENCE OF TITLE/TITLE INSURANCE. A. Schumann, at its sole cost and expense, shall provide title insurance for the transaction in in the amount of $24,000.00 for the Schumann Exchange Parcel and $18,000 for the City Exchange Parcel, said title insurance insuring the title of the Properties, subject only to the Permitted Exceptions (as hereinafter defined) and "Standard Exceptions" contained on the inside jacket cover of the standard City of Sebastian Schumann Rd Parcel Exchange 2023 211'age 168 of271 ALTA Form of commitment, provided that said commitment shall provide that said Standard Exceptions will be deleted by the title insurance company upon the provision by the grantor of each Parcel to Schumann's counsel (the "Title Agent") a Lien, Possession and Encumbrance Affidavit in the custom�uy form (and the Parties agreeing to furnish such affidavits at and as a part of the Closing) and a current survey of each Parcel. B. Within five (5) business days after receipt of a title insurance commitment, each grantee Party shall provide the respective grantor Party with any written objections as the respective grantee Party may have to matters set forth in the Title Commitment and the surveys which materially affect the respective Parcel. In the event any such objections are made by the respective grantee Party; the respective grantor Party shall have a period of ten (10) days from the receipt of the same in order to cure such objections. Failure to cure the objections to the respective grantee's satisfaction shall give the respective grantee the right to: (1) Waive the title objections and close the conveyance of the Parcels; or (2) Terminate this Agreement in which event all rights and obligations between the Parties shall be null and void. SECTION 5. CONVEYANCE OF LAND AND IMPROVEMENTS AND PERSONAL PROPERTY. A. The City shall convey the Schumann Exchange Parcel to Schumann by special warranty deed free and clear of all liens, encumbrances and matters, except the following: (1) Prorated taxes due and owing for the year of closing and subsequent year, [to the extent allowed for by law, the Parties recognizing that the City is a tax exempt governmental entity.] (2) Zoning, restrictions, prohibitions and other requirements imposed by governmental authority or as shown on the face of a plat. (3) Matters described in the title commitment that impact the respective Parcel, subject to the grantee rights to object to title as set forth above. (4) The matters stated in this Section are defined as "Permitted Exceptions." B. The Schumann shall convey the City Exchange Parcel to the City by special warranty deed free and clear of all liens, encumbrances and matters, except the following: (1) Prorated taxes due and owing for the year of closing and subsequent years. (2) Zoning, restrictions, prohibitions and other requirements imposed by governmental authority or as shown on the face of a plat. (3) Matters described in the title commitment that impact the respective Parcel, subject to the grantee rights to object to title as set forth above. (4) The matters stated in this Section are Permitted Exceptions. SECTION 6. SURVEY AND TOPO. Schumann shall obtain a survey and surveyor prepared legal description for each Parcel. The legal description shall be used in the respective deed for the Parcel Exchange. City of Sebastian Schumann Rd Parcel Exchange 2023 31Page 169 of 271 SECTION 7. LIMITED WARRANTIES. Each Party does hereby represent and warrant to the respective grantee Party that: A. The respective grantor Party has good and merchantable fee simple title to the respective Parcel conveyed free and clear of all liens and leasehold interests (except the Permitted Exceptions and those liens which respective grantor can and shall remove at Closing) and that respective grantor can convey the same without the joinder of any other persons or entities. B. The respective grantor has no notice or information of any litigation or administrative proceeding threatened or pending against the respective Parcel to be conveyed or the respective grantor's interest in it. C. During the term of this Agreement, the respective grantor Party shall not, without the respective grantee Party's consent, execute any easements or restrictions or otherwise take or permit any action that would constitute a title exception, or any other matter. D. Should any representation by the grantor Party herein prove false as set forth in this section, the respective grantee Party shall be entitled to terminate this Agreement in which event all rights and obligations hereunder shall terminate. All representations contained in this section shall survive the Closing. SECTION 8. ATTORNEY'S FEES. Each Party agrees to pay its own attorneys' fees incurred in connection with this transaction. SECTION 9.OBLIGATION TO CLOSE. The respective grantee Party's obligation to close the sale contemplated hereby is expressly conditioned upon: A. All of the respective grantor Party's covenants and obligations being fully performed or performance waived by the respective grantee Party; and B. All representations and warranties made by the respective grantor Party in this Agreement being true and correct as of the Closing; and C. Neither of the Parties has terminated this Agreement prior to the end of the Inspection Period or otherwise as allowed in this Agreement; and D. Receipt and approval by each of the Parties of surveys containing the legal description of each Parcel; and E. Receipt of a marked -down title insurance commitment whereby the title insurer agrees to insure fee simple title to the Property being purchased subject only to the Permitted Exceptions. F. If the Parcel Exchange contemplated hereby is not consummated due to a default or inability to perform on the part of the respective grantor Party, then neither Party shall have any further liability to the other; provided, however, that, in the event of a respective grantor Party's wrongful refusal or wrongful failure to perform, the respective grantee Party shall also be entitled to specific performance and all other remedies available at law or in equity. SECTION 10. CLOSING. At Closing the Parties shall deliver the following documents and funds: A. Each grantor Party shall deliver a fully executed, witnessed and notarized special 4 1 P City of Sebastian Schumann Rd Parcel Exchange 2023 170 of271 warranty deed to the respective grantee Party. Schumann shall pay all transfer taxes and any other costs of recording the deed. B. Possession of, and title to, each Parcel to be conveyed shall be delivered to the respective grantee Party by the respective grantor Party subject only to the Permitted Exceptions as set forth herein. C. The respective grantor Party shall furnish such typical affidavits as shall be reasonably required by the Title Company to remove from the Title Policy the standard printed exceptions and such other typical documents reasonably required by the respective grantee or the Title Company. D. Schumann shall be responsible for applicable prorated real property taxes as of the Closing date. E. Schumann shall deliver to the Closing Agent sufficient funds with which to pay the closing costs and to record the necessary deeds at Closing. F. Schumann shall pay for all other expense reimbursements, such that the City incurs no expense in the execution of this Parcel Exchange Agreement. G. If all requirements for Closing are met and neither Party is in default hereunder, the Parties shall exchange the deeds as set forth herein at Closing. SECTION 11. NOTICES. A. All notices required or permitted hereunder shall be in writing, addressed to the applicable notice address set forth above and deemed delivered: (1) When received in person if hand -delivered, (2) On the next day after being deposited with a recognized national overnight courier, (3) On the third day after being deposited in the U.S. Mail, certified letter, postage prepaid, return receipt requested, or (4) On the date of transmission of an email provided that email notice is transmitted before 4:30 p.m. ET on a business day that is not a federal holiday or, if by email transmitted after 4:30 p.m. ET on a business day, a day that is not a business day or on a federal holiday, on the next business day that is not a Federal holiday to the following: As to the City: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 With a copy to: City of Sebastian Attn: City Attorney 1225 Main Street Sebastian, Florida 32958 As to Schumann: Lawrence T. Maxwell 500 South Florida Avenue, Suite 700 Lakeland, Florida 33801 With a copy to: Timothy F. Campbell, Esquire City of Sebastian Schumann Rd Parcel Exchange 2023 171 of 271 Clark, Campbell, Lancaster, Workman & Airth, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 Email: tamr)bell(a7clarkcamt)bell-law.com or such other address as delivered in writing to the other party in accordance with this notice provision. SECTION 12. BROKERS. A. The parties represent and warrant to one another that they have not dealt with any realtor, broker, or finder concerning the Parcels to be conveyed. B. Each representation, warranty and agreement contained in this Section shall survive Closing and delivery of the instruments transferring title to the Parcel to be conveyed. SECTION 13. DATE AND PLACE OF CLOSING, CLOSING AGENT. This Agreement shall be closed, at Schumann's election (a) by exchange of documents and funds by wire transfer and overnight mail, or (b) at the City Hall of the City of Sebastian, within ninety (90) days after Effective Date (the "Closing Date") unless extended by the Parties. The law firm of Clark, Campbell, Lancaster, Workman & Airth, P.A. shall function as Closing Agent and issuer of the title insurance policies provided for herein. SECTION 14. EXPENSES. Schumann shall pay the cost of recording the deeds required for the Parcel Exchange. The respective grantor Party shall pay for the cost and recording of any corrective title instruments related to the grantor Party's Parcel. SECTION 15. PRORATIONS AND ADJUSTMENTS. Schumann shall be responsible for the prorated expenses, including, without limitation, real property taxes and personal property taxes, as of the day before the Closing Date. Each grantor Party shall be responsible for other customary prorated expenses for grantor Party's Parcel except as provided for above herein. SECTION 16. RISK OF LOSS. In the event of any damage to the Parcel to be conveyed by fire or other casualty, this Agreement may be terminated by the respective grantee Party. SECTION 17. RADON; FLOOD PRONE AREAS: ASBESTOS: SOILS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present a health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Indian River County health department. Likewise, the Parcels may be subject to flooding, and it is the obligation of the respective City of Sebastian Schumann Rd Parcel Exchange 2023 611'a�,�e 172 of 271 grantee Party to ensure that they are satisfied with the condition of the respective Parcel to be conveyed to it in all respects. Also, the Parties recognize that the Parcels may contain flood prone areas or asbestos and require mitigation or remediation. Also, soil conditions may affect the usability of a Parcel. Thus, it is incumbent upon the grantee Party to evaluate any and all such matters to determine if the Parcel to be conveyed to it is acceptable to that Party in its sole and absolute discretion within the Inspection Period. SECTION 18. PUBLIC RECORDS/RECORDATION. This Agreement shall not be recorded in public records of Indian River County but will become a part of the City's official records. The Parties acknowledge that they are subject to the Florida Public Records Law and cannot prevent disclosure of this Agreement except as set forth in Section 166.045 and Section 119.0713, Florida Statutes, and Article I, Section 24 of the Constitution of the State of Florida. SECTION 19. HEIRS AND ASSIGNS. The provisions of this Agreement shall bind and inure to the benefit of the successors and assigns of the Parties. The respective grantee Party may assign its rights hereunder. Any such assignment shall be by written instrument executed by the respective grantee Party and such assignee. Any such assignee shall assume and agree to perform all of the obligations of the respective grantee Party within such assignment. SECTION 20. GOVERNING/CONTROLLING LAW. This Contract shall be governed by, and construed and enforced in accordance with the laws of the State of Florida. SECTION 21. VENUE/WAIVER OF JURY TRIAL. Venue for any dispute shall be in the appropriate Court in the 19th Judicial Circuit Court in and for Indian River County, Florida. Parties agree to waive any right to trial by jury in the event of litigation arising hereunder. SECTION 22. LITIGATION COSTS. In connection with any litigation including, but not limited to, appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover all legal charges, expenses, costs and reasonable attorney's fees. SECTION 23. SECTION HEADINGS/CAPTIONS. The section headings herein contained are inserted for convenience of reference only and shall not be deemed to be a part of this Agreement; they shall be ignored in construing this Agreement. SECTION 24. CONSTRUCTION OR INTERPRETATION OF AGREEMENT. The fact that one of the parties may be deemed to have drafted or structured any provision hereof shall not effect the interpretation of this Agreement and this Agreement is the result of bona fide arms length negotiations by and between the Parties and, accordingly, the fact that one or another Party drafted this Agreement, or any part of it, shall not be considered in construing the particular provision either in 7111ac City of Sebastian Schumann Rd Parcel Exchange 2023 173 of 271 favor of or against such Party. Both Parties have contributed substantially and materially to the drafting of this Agreement. SECTION 25. COUNTERPARTS. This Agreement may be executed by the Parties in any number of counterparts, each of which shall be deemed an original, and all such counterparts shall be deemed one and the same Agreement. Each such executed counterpart shall have the full force and effect of an original executed instrument. In the event this Agreement is executed in counterparts, the Effective Date of this Agreement shall be determined with reference to the date of the last execution of any of the counterparts. SECTION 26. TIME OF THE ESSENCE. Time is of the essence in the performance of the Agreement. The Parties agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement. SECTION 27. ENTIRE CONTRACT: INTEGRATION OF TERMS: MODIFICATION. This Agreement (and all exhibits thereto, if any) constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the Parties. No modification or amendment of this Agreement shall be valid and binding upon the parties unless in writing and executed by the parties to be bound thereby. Each person executing this Agreement on behalf of a Party warrants and represents that such person has such Party's full authorization to do so. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW] City of Sebastian Schumann Rd Parcel Exchange 2023 811'age 174 of271 IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement on the day and year indicated below and the signatories below hereby represent that they have full authority to execute this Agreement and to bind each Party set forth below. Attest: By: Signature Witness # 1 Printed Name: By: Signature Witness # 1 Printed Name: Attest: Print Name: City Clerk Approved as to Form and Legality. Jennifer Cockcroft, Esq. City Attorney City of Sebastian Schumann Rd Parcel Exchange 2023 SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited liability company By: Lawrence T. Maxwell, as Manager Date: CITY OF SEBASTIAN BY: Fred Jones, Mayor Date: 91Page 175 of 271 Exhibit "A" Citv Exchange Parcel City of Sebastian Schumann Rd Parcel Exchange 2023 101Pa-e 176 of 271 Exhibit "B" Schumann ExchanLye Parcel City of Sebastian Schumann Rd Parcel Exchange 2023 11 I Page 177 of 271 Exhibit "C" PUBLIC BENEFIT PLAN City of Sebastian Schumann Rd Parcel Exchange 2023 121Page 178 of 271 ATTACH M E NT. "A" 179 of 271 Wmm CLARK, CAMPBELL, LANCASTER, WORKMAN & AIRTH, P.A. Lou — ATTORNEYS AT LAW TIMOTHY F. CAMPBELL Board Certified Rawl Estate Attorney Board Certified City, County & Local Government Attorney Land Use and Zoning I Commercial Real Estate I Corporate Law tcampbell a clarkeampbell-law.com May 26, 2023 Lisa Frazier, Director City of Sebastian Community Development 1225 Main Street Sebastian, Florida 32958 Re: Land Swap and Entitlement Applications Schumann Road Indian River, LLC Property: 600 Schumann Drive Dear Ms. Frazier: H. ADAMS AIRTH, JR., LLM KEVIN R. ALBAUM' TIMOTHY F. CAMPBELL" SABRINA L CHIANESE RONALD L. CLARK KYI.E H.JENSEN JOHN J. LANCASTER, LL.M.' ELLIOTT V. MITCHELL PETER J. MUNSON MICHAEL E WORKMAN' BOARD CERTIFICATIONS: 1. REAL ESTATE 2. TAX LAW 7. CITY, COUNTY & LOCAL GOVERNMENT 4. ELDER LAW As a follow up to our conversations and previous conversations between you, Todd Maxwell (owner representative) and Joe Schulke (our project engineer), the correspondence serves to outline the proposal by Schumann) Road Indian River, LLC ("Schumann") for an exchange of parcels of approximately .07 acres (the "Parcel Exchange") by and between Schumann and the City of Sebastian (the "City") and for a land use and zoning application for the parcel to be conveyed by the City to Schumann as part of the Parcel Exchange (the "Schumann Exchange Parcel," and referred to as "Parcel B" in the appraisal report and other documents) to achieve appropriate land use and zoning designations for the Schumann Exchange Parcel and to allow Schumann's proposed use of the Schumann Exchange Parcel, together with the parcels adjacent to the Schumann Exchange Parcel owned by Schumann (the "Subject Property"), for an approximately 5,000 square foot convenience center with gas pumps and an approximately 7,500 square foot commercial retail center (together, the "Proposed Uses," and each a "Proposed Use"). The following are provided as the required submittals for the proposed Parcel Exchange: 1. A draft Agreement between the City and Schumann to allow for the Parcel Exchange. 2. A proposed ordinance for the City Council to adopt that authorizes the Parcel Exchange, in accordance with Section 2-93, City of Sebastian Code of Ordinances, and finds the terms and conditions of the Parcel Exchange to be in the public interest. The filing fees for a pre -application ($100.00), small scale comprehensive plan amendment application ($1,500.00) and rezoning application ($1,250.00), in the total ,(I., Snntr, Floridi Avenue, Suite 400 - Lakeland, Florib 33801 • Telephrme: (963) 617-5337 • Facsitnile: (863) 047-5012 1t'SVil'.Cli]Il'CZllliJlJt 1I-Ec1lV.t 0E7 180 of 271 Name: Lisa Frazier, Director Subject: Land Swap and Entitlement Applications Date: May 26, 2023 Page: Page 2 of 3 amount of $2,850.00 is being transmitted to you simultaneously with this correspondence. We understand that Schumann will be billed for the advertising costs for the ordinance authorizing the Parcel Exchange and that the expectation is that those costs will be approximately $800.00. 4. Attachment 1 to this correspondence is a plan for the proposed Parcel Exchange that depicts the .07 acre parcel proposed to be transferred by Schumann to the City ("City Exchange Parcel," and referred to as "Parcel A" in the appraisal report and other documents) in exchange for the .07 acre Schumann Exchange Parcel proposed to be transferred by the City to Schumann. 5. Attachment 2 to this correspondence is an appraisal report that reflects a market value for the City Exchange Parcel and the Schumann Exchange Parcel to demonstrate that the two parcels are of relatively equal value. 6. Attachment 3 to this correspondence is a survey for the City Exchange Parcel, Schumann Exchange Parcel and Subject Property. 7. Attachment 4 to this correspondence is the Warranty Deed by which the Schumann took title to the City Exchange Parcel to demonstrate unity of title. 8. Attachment 5 to this correspondence is an analysis of the benefit to the City of Sebastian resulting from the proposed Parcel Exchange. Please see Attachment 9 below regarding a site plan depicting the improvements that Schumann commits to construct as part of its development of the Proposed Uses on the Subject Property. 9. Attachment 6 is the owner authorization for the Schumann Parcel signed on behalf of the property owner to allow the proposed parcel exchange, and land use and zoning applications for the Schumann Exchange Parcel. 10. Attachment 7 is the Development Review Application for a small scale land use amendment and a request for rezoning application for the Schumann Exchange Parcel a. Land Use - from Institutional to General Commercial. b. Zoning - Public Service to Commercial General: *Commercial General is consistent with the Subject Property. 11. Attachment 8 to this correspondence is an exhibit that depicts the additional improvements that Schumann will construct as part of its development of the Subject Property for the benefit of the City of Sebastian and the public. 12. Attachment 9 is the proposed Agreement referenced above. 13. Attachment 10 is the proposed Ordinance referenced above. 500 South Florida Avenue. Suite 800 - La}:eland, Florida 33 80 1 • Telephone: (863) 647-5337 • Facsimile: (863) 647-5012 wa ciarkaui�pbcll-lay.coul 181 of271 Name: Lisa Frazier, Director Subject: Land Swap and Entitlement Applications Date: May 26, 2023 Page: Page 3 of 3 Please review the documents that have been submitted and advise if you have any questions or comments regarding the documents and information that we have submitted and if you require any additional documents or information. Please also advise, when appropriate, the cost for the publication of public notice for the ordinance to be adopted by the City Council. Finally, please let us know the schedule (meeting and hearing dates and times) that we will follow to process the Parcel Exchange, the land use application and the zoning application. Thanks very much for your assistance in this matter. We look forward to working with you on the several applications. cerely, Timothy . Campbel Attachments Copy: Client (transmitted by email) Kelly Hyvonen (transmitted by email) Joseph W. Schulke, P.E. (transmitted by email) 182 of 271 GRAPHIC SCALE ------------------------- __________ `_ 4__ ` ATTACHMENT 1 O ° V** \\\\\ \\�', ----- ------------------- , —M, tOt� Jz �V za z� <rc <ti CSP-A a� w O N J ATTACHMENT 2 A RESTRICTED REPORT OF THE TWO LAND PARCELS PLANNED FOR EXCHANGE LOCATED AT 600 AND 630 SCHUMANN DRIVE CITY OF SEBASTIAN, FLORIDA Z - IEZ, • • 184 of 271 ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC. PETER D. ARMFIELD, MAI CERT GEN RZ524 DANIEL A. NELSON, CERT GEN RZ897 September 15, 2022 Mr. Todd Maxwell 500 South Florida Ave., #700 Lakeland, FL 33801 Dear Mr. Maxwell: 194010TH AVENUE, P.O. BOX 791 VERO BEACH, FLORIDA 32960 TELEPHONE (772) 562-0532 Appraisal #46546 As requested, we have made a drive -by inspection of the commercial property located at 600 Schumann Drive in Sebastian, Florida. This is for the purpose of providing you with our opinion of the Market Value of the two vacant parcels being considered for an exchange between Schumann Road Indian River, LLC and the City of Sebastian. The effective date of this restricted report is July 26, 2022. The appraisal is provided to you in a Restricted Report format. The appraisal complies with the reporting requirements set forth under Standards Rule 2-2(b) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP) fora Restricted Appraisal Report. The subject property is physically described in the following restricted appraisal report, although most of the subject valuation analysis is retained in our office files. The Restricted Use Report provides only limited information in describing and analyzing the Market Value of the subject property. Thus, the restricted report cannot be understood properly, without the supporting data and analyses made to arrive at our opinion of the Market Value, with this information retained in our office files. The opinions expressed in this report and the value conclusion reported below are subject to the limiting conditions and extraordinary assumptions on pages 1 - 3. Further, this restricted report has a restriction that limits the use of this report to the client and the named intended users. The subject property is located at the northwest corner of U.S. #1 and Schumann Drive in the City of Sebastian. This commercial parcel was recently acquired by Schumann Road Indian River, LLC and contains an older medical office that is planned on being demolished and removed. A new 7-11 service station, convenience store, and adjacent 8,000 square foot commercial building are being considered. This site area has an irregular shape with around 380 +- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north side of Schumann Drive. Zoning is CG, Commercial General. The western portion of the site fronting along the north side of Schumann Drive is being considered for an exchange with the City of Sebastian for an irregular shaped parcel to the northeast. 185 of271 Mr. Todd Maxwell September 15, 2022 Page Two Appraisal #46546 For purposes of this restricted report and our valuation analysis we have described these parcels as Parcels A and B. Parcel A is described as the Schumann Road Indian River, LLC parcel planned for the exchange. This parcel is located along the north side of Schuman Drive comprising the western portion of their recently acquired site. It has a slightly irregular shape with overall dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at approximately 2,985 +- square feet. Parcel B is described as the City of Sebastian triangular parcel planned for the exchange. This parcel is located adjacent to the northeast of Parcel A and consists of a portion of the Schumann Drive park area located along the north side of Schumann Drive. This parcel is located adjacent to the rear of the commercial site planned for the 7-11 development by Schumann Road Indian River, LLC parcel. Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is assumed for purposes of our valuation analysis. Total site area is indicated at approximately 2,977 +- square feet. Our opinion of the Market Value of the fee simple estate of the subject parcels utilized the Sales Comparison Approach. We considered comparable sales of commercial parcels in the subject neighborhood and competing areas, along with current listings. Based on the data and analysis made, which is retained in our office files, it is our opinion that the Market Value of the fee simple estate of the subject site, as of July 26, 2022 is: Parcel A - 600 Schumann Drive $24,000 Schumann Road Indian River, LLC Parcel B - 630 Schumann Drive $18,000 City of Sebastian Park Land The above Market Value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the Market Value, as provided herein. We trust this satisfies your appraisal requirements, but if you have any questions or require any additional information, please do not hesitate to contact either of us. Sincerely, Daniel A. Nelson State -Certified General Real Estate Appraiser RZ897 V. ,.� ''' / Peter D. Armfield, MAI State -Certified General Real Estate Appraiser RZ524 186 of 271 TABLE OF CONTENTS LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS .................... 1 EXTRAORDINARY ASSUMPTIONS ......................................... 2 APPRAISAL SUMMARY .................................................. 4 INTRODUCTORY COMMENTS ............................................ 5 SCOPE OF WORK ...................................................... 6 OWNER OF PROPERTY AND SALES HISTORY .............................. 8 LEGAL DESCRIPTION................................................... 9 LEGAL DESCRIPTION .................................................. 10 LOCATION MAP ....................................................... 11 PROPERTY PHOTOGRAPHS TAKEN 7/26/22 ............................... 12 INDIAN RIVER COUNTY AREA DATA ...................................... 17 NEIGHBORHOOD...................................................... 17 ZONING.............................................................. 21 CONCURRENCY...................................................... 22 TAX INFORMATION.................................................... 22 UTILITIES............................................................ 23 SITE DESCRIPTION.................................................... 24 COPY OF PLAT MAP ................................................... 25 AERIAL MAP .......................................................... 26 COPY OF SITE PLAN ................................................... 28 CONCEPTUAL PLAN ................................................... 29 PARCEL A SURVEY SKETCH ............................................ 30 187 of 271 TABLE OF CONTENTS (continued) PARCEL B SURVEY SKETCH ............................................ 31 FLOODZONE ........................................................ 32 CENSUS TRACT ....................................................... 32 IMPROVEMENTS...................................................... 32 HIGHEST AND BEST USE ............................................... 33 VALUATION PROCESS ................................................. 35 SALES COMPARISON APPROACH ....................................... 35 MARKET VALUE CONCLUSION .......................................... 37 MARKETING TIME ..................................................... 37 REASONABLE EXPOSURE TIME ......................................... 37 CERTIFICATION OF APPRAISAL ......................................... 38 ADDENDUM - PROPERTY INFORMATION .................................. 40 QUALIFICATIONS OF THE APPRAISER .................................... 43 APPRAISAL LICENSES ................................................. 46 188 of 271 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 1. The value given in this appraisal report represents the opinion of the signer as to the Value AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety of forces and conditions will vary with future conditions, sometimes sharply within a short time. Responsible ownership and competent management are assumed. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 4. The information furnished by others is believed to be reliable. No warranty, however, is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries of property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 189 of 271 2 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued) 13. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in courtwith reference to the property in question unless arrangements have been previously made. 14. Neither all nor any part of the contents of this report especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected or any reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval of the appraiser. 15. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 16. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the delivery of this report duly executed. 17. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he makes no guarantees, express or implied, regarding this determination. 18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 19. This appraisal report has extraordinary assumptions, as discussed on the following page 3. The use of these extraordinary assumptions may have affected the assignment results of this appraisal report. � 7_[•T. 7ri•r_1:VOTI 111IT11a0*].K Extraordinary assumptions are assignment -specific assumptions, as of the effective date, about the subject property being appraised regarding uncertain information used in an analysis. Should such assumptions be found to be false, the appraisers' conclusions or opinions could be altered. This information might include physical, legal, or economic characteristics of the subject property, or conditions external to the property, such as market conditions or trends; or the integrity of the data used in an analysis. 190 of 271 EXTRAORDINARY ASSUMPTIONS (continued) 1. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the property sufficient in capacity for continued present use, along with development of the subject property to its Highest and Best Use, at costs that are typical to competing properties. 2. It is assumed that the subject property does not have any adverse site factors, such as fuel, oil, or other soil or environmental conditions, that are hazardous to the subject property. 3. The appraisal of the subject property is subject to confirmation by current survey of the Legal Description used, all site dimensions, as well as the total site area indicated at approximately 1.96 +- acres, per the site plan provided. The subject Parcel A site is indicated to contain 2,985 square feet and Parcel B is reportedly 2,977 square feet in size. No dimensions are available for these site areas. Any substantial size difference from our estimates could affect the Market Value of the subject land (Parcels A & B), as provided herein. 4. The purpose of this appraisal report is to provide our opinion of the Market Value of the two vacant parcels being considered for an exchange between Schumann Road Indian River, LLC and the City of Sebastian. The effective date of this restricted report is July 26, 2022. Only a drive -by inspection has been made. We have considered the Market Value of these two vacant land parcels as part of the site plan proposed for the 7-11 commercial development, as provided by the client. It is assumed the City of Sebastian parcel B has been re -zoned from PS, Public Service to CG, Commercial General for purposes of our valuation analysis. 5. Per our agreement, the appraisal is provided in a Restricted Report format. This restricted appraisal complies with the reporting requirements set forth under Standards Rule 2-2(b) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP) for a Restricted Appraisal Report. The subject property is physically described in the following restricted appraisal report, although most of the subject valuation analysis is retained in our office files. The Restricted Use Report provides only limited information in describing and analyzing the Market Value of the subject real property. Thus, the restricted report cannot be understood properly, without the supporting data and analyses made to arrive at our opinion of the Market Value, with this information retained in our office files. Further, this restricted report has a restriction that limits the use of this report to the client and the named intended users. 191 of 271 4 APPRAISAL SUMMARY Property Type: Commercial Land Swap Property Address: 600 & 630 Schumann Drive Sebastian, Florida 32958 Effective Date of Appraisal: July 26, 2022 Date of Inspection: (Drive -by) July 26, 2022 Inspected by: Daniel A. Nelson & Peter D. Armfield Date of Report Preparation: July 26 - September 15, 2022 Date of Restricted Report: September 15, 2022 Property Rights Appraised: Fee Simple Estate - Land Value only Purpose of the Appraisal: Provide our opinion of the Market Value of the subject site areas for proposed exchange. Intended Use of Appraisal: The intended use of this appraisal is for land valuation analysis of the subject property for a potential land exchange between the property owner and the City of Sebastian. Intended Users of the Appraisal: The intended users of this restricted report are Todd Maxwell of Schumann Road Indian River, LLC, and the City of Sebastian. Appraisal complies with the 2022 - 2023 Uniform Standards of Professional Appraisal Practice (USPAP): Yes, Restricted Report. Highest and Best Use: Commercial development, as demand warrants (See Report). Zoning: (Parcel A) CG, Commercial General Zoning: (Parcel B) PS, Public Service, assumed CG (Parcel A) - 600 Schumann Drive Area: 2,985 square feet Opinion of Parcel A Land Value: $24,000 (Parcel B) - 630 Schumann Drive Site Area: 2,977 square feet Opinion of Parcel B Land Value: $18,000 192 of 271 5 INTRODUCTORY COMMENTS PURPOSE OF THE APPRAISAL AND RIGHTS APPRAISED The purpose of this restricted report is to provide our opinion of the Market Value of the two vacant parcels being considered for an exchange between Schumann Road Indian River, LLC and the City of Sebastian. The effective date of this restricted report is July 26, 2022. The appraisal is provided in a Restricted Report format. MARKET VALUE DEFINED Market value is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined. A current economic definition agreed upon by federal financial institutions in the United States of America is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and acting in what they consider their own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. SOURCE: Uniform Standards of Professional Practice of the Appraisal Foundation; and Office of Thrift Supervision Regulation 12 CFR 564.2(f); and the Office of Comptroller of the Currency. DEFINITION OF FEE SIMPLE ESTATE Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 78. 193 of 271 P REAL PROPERTY DEFINED All interests, benefits, and rights inherent in the ownership of physical real estate. Source - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 161. Intended Use of Appraisal: The intended use of this appraisal is for land valuation analysis of the subject property for a potential land exchange between the property owner and the City of Sebastian. Intended Users of the Appraisal: The intended users of this restricted report are Todd Maxwell of Schumann Road Indian River, LLC, and the City of Sebastian. SCOPE OF WORK The Scope of Work is defined as the type and extent of research and analyses in an assignment. Source - Taken from 2020-2021 Uniform Standards of Appraisal Practice (USPAP), prepared by the Appraisal Standards Board (ASB) for The Appraisal Foundation, Effective January 1, 2020, Page 5. The three main points of the Scope of Work are as follows: 1) Identify the problem to be solved. 2) Determine and perform the scope of work necessary to develop credible assignment results. 3) Disclose the scope of work in the report. The appraiser must properly identify the problem to be solved to determine the appropriate scope of work. A restricted appraisal report is provided, as discussed with the client. The appraisal is provided to you in a Restricted Report format. The appraisal complies with the reporting requirements set forth under Standards Rule 2-2(b) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP) fora Restricted Appraisal Report. The subject property is physically described in the following restricted appraisal report, although the subject valuation analysis is retained in our office files. The Restricted Use Report provides only limited information in describing and analyzing the Market Value of the subject land parcels. 194 of271 Thus, the restricted report cannot be understood properly, without the supporting data and analyses made to arrive at our opinion of the Market Value, with this information retained in our office files. The opinions expressed in this report and the value conclusion reported below are subject to the limiting conditions and extraordinary assumptions on pages 1 - 3. Further, this restricted report has a restriction that limits the use of this report to the client and the named intended users. The depth of discussion contained in this report is specific to the needs of the client and the intended use of the appraisal by the client. The scope of work in this restricted report includes making an inspection of the subject property appraised. The subject property inspection has been made on July 26, 2022, by both Daniel A. Nelson and Peter D. Armfield. It consisted of a drive -by site inspection from the adjacent fronting roadways (U.S. #1 and Schumann Drive) primarily of the two site areas proposed for the land exchange. We also reviewed site information provided on the subject property by the client and the Indian River County aerial map. The subject site areas are both vacant and mostly cleared. Parcel Aconsists of the Schumann Road Indian River, LLC parcel planned for the exchange. This parcel is located along the north side of Schuman Drive comprising the western portion of their recently acquired site. This site consists of open grassed areas with frontage along Schumann Drive. Total site area is indicated at approximately 2,985 +- square feet. Parcel B is described as the City of Sebastian triangular parcel planned for the exchange. This parcel is located adjacent to the north of Parcel A and consists of a portion of the Schumann Drive park area located along the north side of Schumann Drive. This parcel is located adjacent to the rear of the commercial site planned for the 7-11 development by Schumann Road Indian River, LLC parcel. It also appears to consist of open grassed areas along with possibly some wooded areas on the northeast portion. Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is assumed for purposes of our valuation analysis. Total site area is indicated at approximately 2,977 +- square feet. The purpose of this restricted report is to provide our opinion of the land value of the subject parcels to consider and facilitate an exchange of Parcels A and B with the current property owner and the City of Sebastian. We have considered these parcels relative to the overall site proposed site plan for the 7-11 service station, convenience store and 8,000 square foot retail building. Both parcels are similar in size with Parcel A rated slightly superior due to its direct frontage along Schumann Drive. Parcel B consists of a rear triangular parcel that provides for additional site area for the proposed development along with an improvement to the shape of the overall parcel. We have first estimated the land value of the subject overall site recently acquired by Schumann Road Indian River, LLC. This site area has an irregular shape with around 380 +- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north side of Schumann Drive. Zoning is CG, Commercial General. The land value is then allocated to Parcels A and B, based on our estimates considering their site factors. 195 of271 Our opinion of the Market Value of the fee simple estate of the subject overall commercial site utilized the Sales Comparison Approach. We considered comparable sales of commercial parcels in the subject neighborhood and competing areas, along with current listings. These comparable sales are analyzed based on the price paid per square foot. The data gathered is limited in area to the real estate market in Indian River County. Primary focus is on data available, from within the area described as the subject's neighborhood, or from other neighborhoods felt to be competing or servicing similar market segments within the county. Data sources for sales include public recording of real estate sales transferred by warranty deed via data sources used in the appraisers office. Our office data sources include the Clerk of the Court, Property Appraiser, and Multiple Listing Service (MLS). Data is gathered, verified if possible, and then analyzed to interpret trends of the market participants. OWNER OF PROPERTY AND SALES HISTORY 600 Schumann Drive Owner of Property: Schumann Road Indian River, LLC Based on the public records reviewed by the appraisers, there has been a sale of the subject overall property within the past 3 years. This sale consists of the recent purchase by Schumann Road Indian River, LLC from The Salt Creek Company, LLC for $825,000. The closing date was June 27, 2022. This sale was recorded in OR Book 3553, Page 601 and appeared to be all cash to the seller. This property was listed for sale for $875,000 and sold after an approximate 1 year marketing period. The property contains some vacant former medical office building and site improvements. However, these are not estimated to contribute any additional value. The property is currently planned for redevelopment with a new 7-11 service station, convenience store, and 8,000 square foot retail commercial building. This site area is estimated at approximately 85,378 +- square feet in size, or 1.96 +- acres. Parcel A - consists of the southwestern portion of this property consisting of the western portion of lot #8 fronting along Schumann Drive. Parcel A has a slightly irregular shape with overall dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at approximately 2,985 +- square feet. 630 Schumann Drive Owner of Property: City of Sebastian Based on the public records reviewed by the appraisers, there has not been a sale of this portion of the subject property that has occurred within the past three years. Further, no current asking price or offers to purchase are indicated on the subject property. 196 of 271 V The City of Sebastian parcel consists of the park area located north of Schumann Drive totaling around 2.14 +- acres in size. The overall site has an irregular shape and includes 1.39 +- acres of park land and 0.75 +- acres of lake area. The park consists of open grassed areas with some wooded areas adjacent to the FEC Railroad Tracks to the west. Parcel B is described as the City of Sebastian triangular parcel planned for the exchange that is located on the eastern portion of the park parcel. This parcel is located adjacent to the north of Parcel A and consists of a portion of the Schumann Drive park area located along the north side of Schumann Drive. This parcel is located adjacent to the rear of the commercial site planned for the 7-11 development by Schumann Road Indian River, LLC parcel. Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is assumed for purposes of our valuation analysis. Total site area is indicated at approximately 2,977 +- square feet. LEGAL DESCRIPTION 600 Schumann Drive - The following Legal Description has been obtained from the recent recording in OR Book 3553, Page 601. Lots 1 through 8 and Tract A, Block 406, SEBASTIAN HIGHLANDS UNIT 7, according to the map or plat thereof, as recorded in Plat Book 6, Page 6, of the Publix Records of Indian River County, Florida. Parcel A A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE AND RUN N25'28'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69'42'41"E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11 FEET, THENCE DEPART SAID NORTH LINE AND RUN S25'28'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BERING OF N62'26'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE OR LESS 197 of 271 10 LEGAL DESCRIPTION 630 Schumann Drive - The following Legal Description has been obtained from the Indian River County Property Appraisers records. It is subject to confirmation by current survey. Tract B, Block 406, SEBASTIAN HIGHLANDS UNIT 7, according to the map or plat thereof, as recorded in Plat Book 6, Page 6, of the Publix Records of Indian River County, Florida. Parcel B A PARCEL OF LAND BEING A PORTION OF TRACT 8, SEBASTIAN HIGHLANDS, UNIT NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B. RUN S26'36'30"E, ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26'36'30"E, FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF SAID PLAT, THENCE RUN N69'42'41"W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN N25'28'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A CHORD BEARING OF N00'34'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 52'04'28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE OR LESS. A location map of the subject property is shown on the next page, followed by property photographs. 198 of 271 II I U6101A I •HuULM �I �NE� A� ti `; •! i 40,y >a PALMER DR 1} l\ �p t TJ' 51 FOSTER RD 5a a 0 ACV AVE = V J o = HSS AVE SEAGRAPE r C,RSt1 z LIRE AVE yN Q i COLUMBI4 AVE d G � LAKE OR DELAWARE AVE �S a EErrY AVE �\Z), y S "EGA" PL •' � 4 � FIStHEA C1R � ,p �y s� O 0 O 5 LL?h} avOR n.' F15CHEROR 2 CHELLO AVE 0 6 1�•t 3L PQ- l10'Rf PL �110rH SF RIVER RUN OR s' \ SUBJE-, �1 M A _ MANLY AVE F W m CR 615 AVE x m DYKE 'GILSON AVE b. BECKER AVE a VINE AVE G y EN GLAR OR i 0 Q- f ,P�s 0 Ept��rt�SIC rc Rf� r N l7 G� O LQu7�SGm c PLS It?. Coe pia 1AAvw'�F OGOEN AVE 4 1 a O u HIGH DR T CApROL LN a 39, cuss CT x i�,. ArENSh A 1iF s � CAPR[I AVE MABRY ST r 0 ul V y Pb EMPRESSAVe m g Y = � q {dQ- GIRARDAVE rram" e! ZAVE y -0 I y DOUGLASSAVE A7i,ENSCT 09 DARJENC7 O,p t, A •' eta use subject to license Del-orrne Del-orrne Street Atlas USAJ 2014 mwdelorme corn 1,1N (7.3- W) 0, �r J LAZY LAUD N MARINA OR TA p BLUE MARLIN LN p tiMI.M MARLIN LN A?DOi4 DR i � Q 2 � iiBY LN i 5t 1001. e fl 0 800 1600 2500 3200 4000 Data Zoom 13-0 199 of 271 SOUTHERLY VIEW ALONG U.S. #1 FROM ADJACENT TO SUBJECT PROPERTY ON RIGHT. 16 204 of 271 17 INDIAN RIVER COUNTY AREA DATA Indian River County is a small east central Florida county located midway between Palm Beach and Cape Kennedy, or slightly less than halfway from Miami to Jacksonville. It is bordered on the north by the Sebastian River and Brevard County; on the south by St. Lucie County (Ft. Pierce/Port St. Lucie); and on the west by Osceola and Okeechobee Counties. The eastern boundary is the Atlantic Ocean. The subject property is located adjacent to the northwest corner of U.S. #1 and Schumann Drive, in the southeastern portion of the City of Sebastian. Additional information on the City of Sebastian and Indian River County are retained in our office files, not considered necessary in the scope of work of this restricted report. NEIGHBORHOOD A neighborhood may be defined as follows: A group of complementary land uses; a congruous grouping of inhabitants, buildings, or business enterprises. Source - Taken from The Dictionary of Real Estate Appraisal Fourth Edition, sponsored by the Appraisal Institute, 2010 page 133. The subject is located within a commercial/light industrial strip neighborhood along the U.S. #1 Commercial Corridor that extends from just north of the City of Vero Beach, northward to the City of Sebastian. The subject is located in the northern portion of the neighborhood, within the southeast portion of the City of Sebastian, adjacent to the northwest corner of U.S. #1 and Schumann Drive. The subject is located adjacent to the large Sebastian Highlands neighborhood to the west. The neighborhood's south boundary is the City of Vero Beach. The western boundary is the Florida East Coast Railroad, which parallels U.S. Highway #1 from Sebastian to Vero Beach. The eastern boundary of the neighborhood is delineated by those properties fronting along the east side of U.S. Highway #1. The City of Sebastian provides the northern boundary of the overall neighborhood. Primary access to and through the neighborhood is via U.S. Highway #1, a four lane state highway with a grassed median strip. U.S. #1 provides the major mainland connection between Vero Beach and Sebastian and portions have been widened to six lanes. The traffic on this arterial route is generally moderate in the subject neighborhood, being less intense than in downtown Sebastian, or Vero Beach. At the south end of the neighborhood, U.S. Highway #1 passes through Gifford and directly accesses the City of Vero Beach. Old Dixie Highway parallels U.S. #1 in the southern portion of the neighborhood, extending from around 38th Street to one block north of County Road 510. This two lane roadway is located west of U.S. #1, adjacent to the east of the FEC Railroad Tracks. Indian River Boulevard is a four lane divided arterial road, which parallels U.S. #1 to the east. The road has been extended northward to 53rd Street, from its prior ending point at 37th Street. 205 of 271 18 County Road 510, also known as Wabasso Road is located in the center portion of the neighborhood providing east/west access across the Wabasso Bridge and to County Road 512 and eventually 1-95 to the west. There are numerous east/west connections to U.S. #1 throughout the neighborhood, but only one bridge across the Indian River to the barrier island "North Beach" area. However, U.S. #1 provides convenient north/south access to and through the subject neighborhood. Vero Beach and Sebastian are considered the primary support base for the subject neighborhood, with existing neighborhood development acting as satellite development. Portions of the neighborhood are also supported by the north beach area of Indian River County which has limited commercial development. Further, the subject property is located adjacent to the large Sebastian Highlands residential neighborhood to the west of the FEC Railroad Tracks. The subject neighborhood is developed primarilywith secondary commercial and light industrial uses, which utilize the convenient access between these two larger communities to service both areas. The neighborhood has historically been characterized by its slow growth and is considered to be a secondary location for commercial development. Although the neighborhood has been experiencing some new growth and development, the area still lacks sufficient support in the form of residential development for significant neighborhood commercial services. Based on our observations, the neighborhood will most likely depend on support from Sebastian and Vero Beach, as well as the North Beach area over near term years. The Indian River Square Publix anchored shopping center and Walgreens drug store were completed about 21 years ago adjacent to U.S. #1 and Barber Street, along with a SunTrust (Truist) bank branch. New commercial uses are also centered around the U.S. #1 and County Road 510 intersection with more planned. A CVS drug store was built about 15 years ago at the southwest corner of U.S. #1 and County Road 510. There was a large Citgo service station and convenience store at the northwest corner, recently redeveloped with a 7-11 super pumper station and convenience store. A Chevron service station is located two blocks to the north, followed by a recently closed Burger King Restaurant that is available for lease. 53`d Street has recently been extended from U.S. #1 westward to Kings Highway. In anticipation of this new roadway, a new CVS and Walgreens were built on corner parcels. A new assisted living facility is located in the commercial park north of CVS. A Publix anchored shopping center opened about 10 years ago at the southeast corner of U.S. #1 and 53`d Street, with a McDonald's on a corner out -parcel. Recently, a new Dunkin Donuts and Burger King have been built south of Walgreens. A strip center, named Pineapple's was completed about 15 years ago at the northeast comer of U.S. #1 and 451h Street, in the southern portion of the neighborhood. Additionally, a large commercial warehouse development was built along the south side of 451h Street, just east of U.S. #1. This property had struggled for occupancy since it was completed, although now almost fully occupied. A Springhill Suites hotel is located along the east side of Indian River Boulevard, south of 53`d Street. 206 of 271 19 Another recent commercial development consists of the Cumberland Farms at the southeast corner of U.S. #1 and 451h Street. A Wawa service station and convenience store are now planned at the southwest corner with anew car wash considering the adjacent parcel. Further, there have been renovations and additions to other commercial properties, including the Habitat for Humanity located along the east side of U.S. #1, just north of 45'h Street. A new auto storage facility is presently under construction on a heavy commercial site located along the west side of U.S. #1, between 41s` Street and 451h Street. This project is named Indian River Motorhaus and is designed with a total of 16 individual units, each around 22' x 36' in size. This project reportedly has strong demand similar to another project (Vero Autohaus) developed by the same parties. An older commercial building has been renovated and enlarged into good quality medical office space at U.S. #1 and 871h Street. Otherwise, there is little medical office use in the subject neighborhood, with most medical office facilities located in the area surrounding the Indian River Medical Center, Sebastian Medical Center, or along peripheral roadways in the City of Vero Beach and the City of Sebastian. The neighborhood also includes the large Whispering Palms mobile home park. Many of the secondary and heavy commercial uses are older in age and used to provide interim rental income until redevelopment is warranted. This is also true of the smaller mobile home parks, along with some of the residential rentals. There are a few older tourist court motels, such as the Pennwood and Pelican Island Cottages, which was recently purchased for low income housing support by The Source. Other residential uses, such as the Cottages have been demolished and removed for future commercial redevelopment. There had been a large amount of residential development under construction and planned in the subject neighborhood. These developments include the large Antilles subdivision at U.S. #1 and 651h Street that completed its first phase and a significant number of new homes. However, from around 2007 thru 2013, the residential home sales had slowed considerably and the project has been in financial difficulty, even attempting an auction for the unsold homes and lots. This is a typical scenario throughout the Indian River County mainland area, but stabilizing and improving over the last several years. In fact, a new builder (D.R. Horton) is now actively constructing homes again within this community. Other residential projects include a large mixed use development, named Bristol Bay, that was planned to the east of U.S. #1, south of County Road 510. This community was being developed by WCI, a large developer of upscale residential and commercial projects. However, WCI placed this project on hold about 10 years ago awaiting improvement in the residential marketplace. More recently, the property has been considering rezoning for commercial zoning and residential development in the future. A commercial land parcel planned for a retail shopping center was purchased along the south side of County Road 510. 207 of 271 20 Smaller subdivision developments are also located to the east of U.S. #1 in various stages of approvals and subdivision work. Other single family residential areas in the central county area between U.S. #1 and Kings Highway have also had improved demand, as the residential real estate market has improved over the last several years. The subject neighborhood includes some older mobile home parks including some interim use older parks, as well as a few larger parks. These mobile home parks generally have good demand and include both RV and mobile home sites. There are three mini -storage facilities in the subject neighborhood, including the U.S. #1 Self Storage facility, between County Road 510 and the City of Sebastian. Harbor Storage and Stow -A -Way Storage are newer facilities located along the west side of U.S. #1, just north of 53rd Street. Additionally, Fischer Mini -Storage is located along U.S. #1 in the southern portion of the City of Sebastian, with Sebastian Self Storage located west of U.S. #1, north of Barber Street. Fischer Industrial Park and Fisher Trade Center consist of industrial warehouse and trade warehouse properties adjacent to the FEC Railroad Tracks. The subject neighborhood contains some former and some current citrus packing house facilities. However, most citrus packing house facilities have closed over the last 5 + years, as the citrus industry has struggled with greening and other diseases reducing the amount of citrus fruit available. The Riverfront Groves citrus packing house facility remains open, but both Quality and Greene River packing houses have closed over recent years. Other citrus packing houses had previously closed. The former Quality Fruit citrus packing house was purchased and is being renovated into a community support facility named Crossover Mission. There are numerous secondary commercial and light industrial uses in the subject U.S. #1 neighborhood, along with many vacant parcels that are listed for sale. Secondary commercial uses include contractor trades and services, such as flooring, plumbing, electrical and painting contractors. There are also some service garage uses and older convenience stores. There are commercial/warehouse buildings in the southern portion of the neighborhood, just north of U.S. #1. A Charter School and dog grooming facility are also located in the neighborhood along with a variety of other commercial uses. Spacebox Storage is reportedly planning a large 3 story air conditioned storage facility along the west side of U.S. #1, just north of 57°i Street. This facility will include both indoor and outdoor storage including RV's and boats. It is planned on a 5.2 +- acre parcel which is currently under contract waiting on site plan approval and a building permit. Demand for commercial land in the subject neighborhood has varied over the years, depending on the real estate market. Over recent years, there have been few sales of vacant commercial parcels, most likely due to the soft demand for new commercial development. However, market conditions and demand for commercial development, as well as commercial land have stabilized and improved over the last several years, despite the uncertainty with the pandemic. There have been some recent commercial and industrial land sales over the last year or two, but typically closer to services or arterial intersections. Further, the local economy and real estate market have essentially recovered and the county has been experiencing in -migration and growth. 208 of 271 21 In summary, the subject neighborhood consists of a commercial strip neighborhood located along the U.S. #1 Commercial Corridor that extends from just north of the City of Vero Beach northward to the downtown area of the City of Sebastian. The subject neighborhood has good access to county growth areas, via U.S. Highway #1, as well as Old Dixie Highway. Properties fronting along U.S. #1 generally have good exposure to intra-county traffic. Past development trends have been slow, except for a few scattered parcels adjacent to the east/west connectors. The subject property is located along the west side of U.S. #1, adjacent to the northwest corner of Schumann Drive, in the southeast portion of the City of Sebastian. This is a convenient commercial location within the neighborhood. The subject property should participate in overall neighborhood trends and growth factors. ZONING Zoning of the subject property is CG, Commercial General for the main site area and PS, Public Service for the park area. However, Parcel B is assumed to be re -zoned to CG, under the guidelines of the City of Sebastian. The CLUP for the City of Sebastian supports the current zoning with a CG, Commercial General land use designation. The CG, General Commercial zoning allows a wide variety of commercial uses, including commercial retail, service stations, hotels and motels, restaurants, business and professional offices, plant nurseries, home occupations, etc. Other permitted uses include clubs and lodges, medical services, hotels and motels and all uses permitted in the RM-8 zoning district. There are also conditional uses that may be permitted, subject to approval, which includes nursing homes and commercial amusements. The RM-8 zoning district permits single family and multiple family residential, nursing homes, churches, schools, and townhouse development. Size and dimension criteria within the CG zoning districts is as follows: Minimum Lot Size: 10,000 SF Minimum Width: 75 feet Minimum Depth: 125 feet Minimum Setbacks: Front Yard: None Side Yard: 5 feet Rear Yard: 10 feet Maximum FAR: 60% Maximum Building Height: 35 Feet Maximum Building Coverage: 30% Minimum Open Space: 20% Maximum Impervious Surface: 80% 209 of 271 22 Parking Requirements vary with the property use. The subject property consists of a vacant former medical office on the main eastern portion of the site. This site area is being considered for commercial redevelopment with a 7-11 service station, convenience store and 8,000 square feet of retail commercial space. Site plan and other approvals will be required. CONCURRENCY Concurrency is a provision adopted in the Florida's Local Government Comprehensive Planning and Land Use Development Regulation Act in 1985. Concurrence is a requirement for public facilities and services to be available (concurrent) with the impacts of development. These facilities and services include traffic and transportation facilities, sewage collection facilities, potable water facilities, drainage, park and recreation facilities, etc. Typically, concurrence is most applicable in roads and traffic capacity, but any of the other items can also impact development. If a project is proposed, its impact must not exceed the capacity levels of current infrastructure, or the plan must propose the expansion of the infrastructure and the source of funds required to construct these improvements. A valid certificate of concurrence must be obtained prior to approval of development order. This is an extensive study and we have not reviewed concurrence issues, as relates to development of the subject property, as this was beyond the scope of work of this appraisal assignment. TAX INFORMATION The taxing authority is Indian River County. Taxes are based on Just Values that are estimated by the Indian River County Property Appraiser and on millages as set by the Tax Collector using various taxing districts' approved budgets. Taxes are assessed in arrears based on valuations as of January 1st of the tax year. Tax bills are sent out in November and become payable January 1st of the new year. Below is a summary of tax assessment data for the subject property main parcel, based on the 2021 Indian River County Tax Roll: Tax Parcel Number Assessed Value 2021 Taxes Lot Number xxx U.S. Highway #1 31-39-17-00002-4060-00001.0 $ 71,324 $ 1,174.43 Lots 1, 2, &3 600 Schumann Drive 31-39-17-00002-4060-00004.0 $ 189,947 $ 3,377.33 Lots 4, 5 & 6 610 Schumann Drive 31-39-17-00002-4060-00007.0 $ 43,432 $ 715.16 Lots 7 & 8 200 Schumann Drive 31-39-17-00002-0001-00000.0 55,654 916.41 Tract A Totals t 360,357 6,183.33 210 of 271 23 These four tax parcels comprise the subject main parcel at the northwest corner of U.S. #1 and Schumann Drive. The tax information for the City of Sebastian park parcel (Tract B) is summarized below: Tax Parcel Number Assessed Value 2021 Taxes Lot Number 630 Schumann Drive 31-39-17-00002-0002-00000.0 $ 38,727 $ - 0 - Tract B This tax parcel consists of the majority of the park parcel owned by the City of Sebastian, which does not incur any real estate taxes. An adjacent lot #9 at 650 Schumann Drive could also be considered as part of the park parcel, but not pertinent to our valuation analysis. These parcels are currently zoned PS, Public Service. The subject assessed values are considered somewhat low, but reasonable, in our opinion. Florida's Constitution requires all property to be appraised at Just Value. While this concept is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions have held that it approximates Market Value as defined herein, less normal seller expenses of sale, estimated at fifteen percent (15%). While this represents the target level of the property appraiser, it has been found that assessments produced by mass appraisal techniques vary considerably and are not good indicators of Market Value. UTILITIES The subject property is currently provided with the following utilities: Electricity: Florida Power & Light Water: Indian River County Sewer: Indian River County Telephone: AT & T Trash: Private Carrier - Waste Management Both Indian River County water and sewer service are reportedly available to the subject property. Costs of line extensions, hookups and metering, as well as impact fees are typically the responsibility of the property owner. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the site sufficient in capacity to support the current use, as well as the Highest and Best Use, at costs that are typical to competing properties. Please See Extraordinary Assumption #1. 211 of 271 24 SITE DESCRIPTION The subject main site area is located at 600 Schumann Drive, adjacent to the northwest comer of U.S. #1 and Schumann Drive in the City of Sebastian. This commercial parcel was recently acquired by Schumann Road Indian River, LLC and contains an older medical office that is planned on being demolished and removed. A new 7-11 service station, convenience store, and adjacent 8,000 square foot commercial building are being considered. This site area has an irregular shape with around 380 +- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north side of Schumann Drive. Zoning is CG, Commercial General. The western portion of the site fronting along the north side of Schumann Drive is being considered for an exchange with the City of Sebastian for an irregular shaped parcel to the northeast. The purpose of this appraisal is to estimate the land value of two parcels for a potential exchange with the City of Sebastian for the 7-11 commercial development under consideration. For purposes of this restricted report and our valuation analysis we have described these parcels as Parcels A and B. Parcel A is described as the Schumann Road Indian River, LLC parcel planned for the exchange. This parcel is located along the north side of Schuman Drive comprising the western portion of their recently acquired site. It has a slightly irregular shape with overall dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at approximately 2,985 +- square feet. This site area consists of open grassed areas. There is a 30 foot wide easement located adjacent to the western edge of this site, followed by a lake area associated with the public park. Parcel B is located adjacent to the northeast with additional open park area to the north and northwest. The main site area for the proposed 7-11 commercial project is to the east. Parcel A has frontage and potential access from Schumann Drive to the south. It is planned to be exchanged with the City of Sebastian providing additional park area along with potential access east of the lake area. Parcel B is described as the City of Sebastian triangular parcel planned for the exchange. This parcel is located adjacent to the northeast of Parcel A and consists of a portion of the Schumann Drive park area located along the north side of Schumann Drive. This parcel is located adjacent to the rear of the commercial site planned for the 7-11 development by Schumann Road Indian River, LLC parcel. Total site area is indicated at approximately 2,977 +- square feet. Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is assumed for purposes of our valuation analysis. This parcel does not have any direct road frontage or independent access, but improves the shape and potential utility for parcel A for the proposed development. A plat map and aerial map of the subject parcels is provided on the following page. The main site area is outlined in yellow with Parcel A in red and Parcel B in green. 212 of 271 27 The subject site has frontage along U.S. #1 to the east, as well as Schumann Drive to the south. Access is presently limited to Schumann Drive to the south, but the proposed site plan indicates ingress only from U.S. #1 to the east. The main access will be along Schumann Drive to the south. The site has an irregular shape which will be improved somewhat with the proposed exchange of parcels A and B. This will provide for more site area and better alignment along the west (rear) property line. U.S. Highway #1 is a four lane paved, state owned arterial roadway that typically has either a concrete or grassed center median strip. This arterial highway provides both inter community and intra county traffic. There is no median cut available immediately adjacent to the subject main site area, but they are available at the Schumann Drive intersection and traffic light to the south, along with further north. The subject property has good commercial exposure along U.S. #1, at the northwest corner of Schumann Drive. Schumann Drive is a two lane roadway that provides access from U.S. #1 across the FEC Railroad Tracks to Sebastian Highlands. There is a narrow grassed median in the center portion of Schumann Drive with a median cut planned adjacent to the. south entrance to the main site area. The intersection of U.S. #1 and Schumann Drive has a traffic light and turning lanes. Access to the subject property is good and convenient to surrounding areas. East of the subject is a new adult care facility at the entrance to Reflections on the River condominium project further east. South of the subject is an older, small commercial building on the southwest corner of U.S. #1 and Schumann Drive. North of the subject main parcel are residential and commercial improvements for Fischer & Sons. West of the subject is the park area followed by the FEC Railroad Tracks. North of the subject is vacant commercial land. The proposed exchange of Parcel A for Parcel B consists of two similar sized site areas. Parcel A has direct frontage along the north side of Schumann Drive and a rectangular shape totaling around 2,985 square feet. Parcel B is a rear parcel to the northeast of Parcel A that has a triangular shape and is 2,977 square feet in size. Parcel A will provide improved access to the east of the lake area for the park. Parcel B will provide for improved shape and utility to the main site area for the proposed commercial development, but will need to be re -zoned. Reportedly, the current owner of the proposed 7-11 site will provide for additional landscaping to the park area along with a public concrete sidewalk extending to the west of the FEC Railroad Tracks. A retaining wall is also planned along with improved access to the park area, as part of the proposed exchange. The median strip along Schumann Drive will also have new landscaping installed, per the information provided. Copies of the site plan sketch for the proposed 7-11 and a conceptual plan of the proposed improvements are provided on the following pages. Parcel A is again shaded in red and Parcel B in green. This is followed by sketches provided by the surveyor for each parcel. 215 of271 32 FLOOD ZONE According to the Federal Emergency Management Agency National Flood Insurance Program for Indian River County, revised December 4, 2012, the subject property appears to be located in Flood Zone X. Flood Zone X is an area outside the 500-year flood plain and is not a designated Department of Housing and Urban Development (HUD) flood hazard area. Flood insurance is not required. CENSUS TRACT The subject is designated as being within Census Tract 508.06, based on the 2020 Census Tract Map for Indian River County, Florida. IMPROVEMENTS Site improvements include paved parking and drive areas, some landscaping, drainage improvements, pump and well, concrete walkways, etc. The building is located on the southeastern portion of the site with the paved parking and drive areas to the south of the building. Access to the subject property is available along Schumann Drive, via paved roadways. There is both an ingress drive, as well as a wider drive, providing both ingress and egress to the subject building improvements. No access is available directly to U.S. #1. Building improvements consists of a vacant office building that was originally built around 1988. The building is single story and was converted from a former model home residence and sales office center. Gross building area is estimated at around 2,100 +- square feet. Basic construction is wood frame with a shingle roof. Surplus land is estimated as only the southern portion of the site is partially improved. No on -site inspection has been made and these improvements are not estimated to contribute any value. As discussed, the subject property is currently being planned for redevelopment with a new 7- 11 service station, convenience store and an 8,000 square foot retail commercial building. 220 of 271 33 HIGHEST AND BEST USE Property Market Value trends can be analyzed through a study of the forces which drive this market activity. These forces are referred to as supply and demand, substitution, balance and external interference. The term "Highest and Best Use" refers to the optimum use of a property, considering the impact of all of these market forces on a specific property. The value of real property is directly related to the use to which it can be put. A parcel may have several different value levels under alternative uses. The property appraised herein is appraised under its Highest and Best Use, as defined below: "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." Source: The Dictionary of Real Estate Appraisal - 5th Edition, sponsored by the Appraisal Institute, 2010, Page 93. In each appraisal of improved property there are two considerations of Highest and Best Use: one for the land considered as though vacant and one for the property as improved. Within each analysis four sets of use constraints are considered: legally permissible, physically possible, economically feasible, and maximally productive. Legally permissible restrictions include private restrictions, zoning, building codes, historic district controls, and environmental regulations. Physically possible uses are determined by the size, shape, area, topography and accessibility of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and availability of public utilities, and the physical components of the improvements. Financial feasibility considers uses that are legally permissible and physically possible, and determines which ones produce a positive return. A maximally productive use is the financially feasible use that produces the highest residual land value. The Highest and Best Use of land assumes that the site is vacant and that the site could be utilized at the Highest and Best Use which is determined in this analysis. The Highest and Best Use of the site, as improved, correlates the current improvements with improvements that would be made at the optimum development of the site: as determined in the Highest and Best Use of vacant land. 221 of 271 34 Site as if Vacant: Physically, the subject main site area is located at 600 Schumann Drive, adjacent to the northwest corner of U.S. #1 and Schumann Drive in the City of Sebastian. This site area has an irregular shape with around 380 +- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north side of Schumann Drive. Zoning is CG, Commercial General. The western portion of the site fronting along the north side of Schumann Drive is being considered for an exchange with the City of Sebastian for an irregular shaped parcel to the northeast. The purpose of this appraisal is to estimate the land value of two parcels for a potential exchange with the City of Sebastian for the 7-11 commercial development under consideration. For purposes of this restricted report and our valuation analysis we have described these parcels as Parcels A and B. Parcel A is described as the Schumann Road Indian River, LLC parcel planned for the exchange. This parcel is located along the north side of Schuman Drive comprising the western portion of their recently acquired site. It has a slightly irregular shape with overall dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at approximately 2,985 +- square feet. This site area consists of open grassed areas. Parcel B is described as the City of Sebastian triangular parcel planned for the exchange. This parcel is located adjacent to the northeast of Parcel A and consists of a portion of the Schumann Drive park area located along the north side of Schumann Drive. This parcel is located adjacent to the rear of the commercial site planned for the 7-11 development by Schumann Road Indian River, LLC parcel. Total site area is indicated at approximately 2,977 +- square feet. Legally, Parcel A is primarily restricted by zoning and the CLUP. This portion of the subject property is zoned CG, Commercial General by the City of Sebastian. Parcel B is presently zoned PS, Public Service, but planned to be re -zoned to CG, Commercial General, as part of the parcel exchange. The CG zoning district allows a variety of commercial uses, such as professional and business offices, general retail sales and services, restaurants, dental and medical offices, etc. Economically, to be financially feasible an improvement must return a positive net income to the investor. A maximally productive use is a use that returns the greatest value to the site. Recent years have witnessed a general improving trend in the economy and local real estate market. Market conditions for commercial, professional and medical office have improved over the last several years, even with the pandemic over the last approximate 28 months. The subject site has an irregular shape, but still possesses adequate frontage, depth and size, along with zoning in place or planned to support retail commercial uses. It has most potential for a retail commercial development including a strip center. The planned development with a 7-11 service station, convenience store and retail building is considered to be a good example of the Highest and Best Use of the subject site, as if vacant. 222 of 271 35 Considering these factors, the Highest and Best Use of the subject property, considered as though vacant, would be to develop the site with a good quality retail commercial development built to maximum density allowed and providing for good parking support. As Improved The subject main commercial parcel was recently acquired by Schumann Road Indian River, LLC and contains an older vacant medical office that is planned on being demolished and removed. A new 7-11 service station, convenience store, and adjacent 8,000 square foot commercial building are being considered. The subject current improvements are not estimated to contribute any value, in our opinion. Highest and Best Use, as improved, is considered to be as proposed with a new commercial development. VALUATION PROCESS For most parcels of vacant land, only one of the traditional three approaches to value is useful. This, of course, is the Sales Comparison Approach. In this approach, the subject property is compared to parcels which have been involved in recent transactions, and adjustments are made to the unit prices derived from those sales, to recognize differences between the subject and the sales. The Income Approach is not generally used since most parcels of vacant land are not producing income, and the Income Approach consists of capitalizing net income at a market rate, to indicate value. When sales of vacant parcels are not available for comparison, which often is the case in built-up areas, the residual income from a hypothetical highest and best use building may be capitalized to indicate land value. This was not the case here, since recent sales throughout the neighborhood are available, and this approach was not used. The Cost Approach, the third of the traditional approaches, is by definition not usable for vacant land. Accordingly, we have made use of only the Sales Comparison Approach. SALES COMPARISON APPROACH The purpose of this restricted report is to provide our opinion of the land values of the subject parcels A and B to possibly facilitate an exchange with the current property owner and the City of Sebastian. We have considered these two parcels relative to the overall site proposed site plan for the 7-11 service station, convenience store and 8,000 square foot retail building. Both parcels are similar in size with Parcel A rated slightly superior in location/access due to its direct frontage along Schumann Drive. Parcel B consists of a rear triangular parcel that provides for additional site area for the proposed development along with an improvement to the shape of the overall parcel. 223 of 271 36 We have first estimated the land value of the subject overall site recently acquired by Schumann Road Indian River, LLC. This site area has an irregular shape with around 380 +- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north side of Schumann Drive. Zoning is CG, Commercial General. The land value is then allocated to Parcels A and B, based on our estimates considering their site factors. Parcel Aconsists of the Schumann Road Indian River, LLC parcel planned for the exchange. This parcel is located along the north side of Schuman Drive comprising the western portion of their recently acquired site. This site consists of open grassed areas with frontage along Schumann Drive. Total site area is indicated at approximately 2,985 +- square feet. Parcel B is described as the City of Sebastian triangular parcel planned for the exchange. This parcel is located adjacent to the north of Parcel A and consists of a portion of the Schumann Drive park area located along the north side of Schumann Drive. This parcel is located adjacent to the rear of the commercial site planned for the 7-11 development by Schumann Road Indian River, LLC parcel. It also appears to consist of open grassed areas along with possibly some wooded areas on the northeast portion. Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is assumed for purposes of our valuation analysis. Total site area is indicated at approximately 2,977 +- square feet. Our opinion of the Market Value of the fee simple estate of the subject overall commercial site utilized the Sales Comparison Approach. We considered comparable sales of commercial parcels in the subject neighborhood and competing areas, along with current listings. Six comparable land sales are specifically analyzed in comparison to the subject, all consisting of commercial parcels. These comparable sales are compared to the subject on the basis of price paid square foot. Parcel A is estimated at a slightly higher land value than parcel B which consists of a rear parcel. Parcel A is valued at approximately $8.00 per square foot with parcel B at around $6.00 per square foot. The calculations are shown below: Parcel A 2,985 SF x $8.00/SF = $23,880 $24,000 Rounded Parcel B 2,977 SF x $6.00/SF = $17,862 $18,000 Rounded 224 of 271 37 MARKET VALUE CONCLUSION Based on the analyses made and retained in our office files, it is our opinion that the Market Value of the fee simple estate to the property appraised herein is concluded at $24,000 for Parcel A and $18,000 for Parcel B. Parcel A - 600 Schumann Drive $24,000 Schumann Road Indian River, LLC Parcel B - 630 Schumann Drive $18,000 City of Sebastian Park Land The above Market Value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the Market Value, as provided herein. MARKETING TIME Marketing time consists of our opinion of the amount of time it might take to sell the subject property at the concluded Market Value during the period immediately after the effective date of the appraisal. Marketing conditions have been good over the last few years, even with the pandemic. The demand for the subject property (overall parcel) is considered to be adequate and a reasonable marketing time is projected. The subject property is forecast to have a marketing time of 6 months to 24 months, concluded at 12 months. REASONABLE EXPOSURE TIME Reasonable exposure time is assumed to precede the effective date of the appraisal. Exposure time, per USPAP, may be defined as follows: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value on the effective date of the appraisal; a retrospective opinion based upon an analysis of past events assuming a competitive and open market. The reasonable exposure time estimate takes into consideration the price, time, and use, of the property appraised. The reasonable exposure time for the subject property is estimated at 6 to 24 months, also concluded at 12 months. 225 of 271 38 CERTIFICATION OF APPRAISAL The undersigned do hereby certify to the best of our knowledge and belief: a) The statements of fact contained in this report are true and correct. b) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. c) We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. d) We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. e) Our engagement in this assignment was not contingent upon developing or reporting predetermined results. f) Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The appraisal assignment was not made, nor was the appraisal rendered on the basis of a requested minimum valuation, specific valuation, or an amount which would result in approval of a loan. g) Our analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. h) This appraisal report has been made in conformity with and is subject to the requirements of the Codes of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. i) That Daniel A. Nelson and Peter D. Armfield both made a personal inspection of the properties that are the subject of this restricted appraisal report. j) No one provided significant professional assistance to the person signing this report. k) Peter D. Armfield, #RZ524 and Daniel A. Nelson, #RZ897 are currently State of Florida Certified General Real Estate Appraisers. 226 of 271 Wt CERTIFICATION OF APPRAISAL (continued) 1) As of the date of this report, I, Peter D. Armfield, MAI, SRA, have completed the requirements under the continuing education program of the Appraisal Institute. m) The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Real Estate Appraisal Board relating to review by its duly authorized representatives. n) We have not provided appraisal or other services on the subject property within the 3-year period immediately preceding acceptance of this appraisal assignment. o) The Market Values of the fee simple estate of the subject properties as of July 26, 2022, are as follows: Parcel A - 600 Schumann Drive $24,000 Schumann Road Indian River, LLC Parcel B - 630 Schumann Drive $18,000 City of Sebastian Park Land The above Market Value conclusions have conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the Market Value, as provided herein. Daniel A. Nelson State -Certified General Real Estate Appraiser RZ897 20 /Wf�; V00,le Peter D. Armfield, MAI State -Certified General Real Estate Appraiser RZ524 227 of 271 43 QUALIFICATIONS OF THE APPRAISER DANIEL A. NELSON Bachelor of Business Administration in 1977 from Stetson University with a Degree in Accounting. Appraisal Courses Successfully Completed SREA Course 101 - Principals of Residential, 1978 SREA Course 201 - Principals of Income Property, 1979 American Institute of Real Estate Appraisers (AIREA) Course 1 B-A - Capitalization Theory and Techn. Part A, 1985 Course 1 B-B - Capitalization Theory and Techn. Part B, 1985 Standards of Professional Practice, 1986 Case Studies in Real Estate Valuation, 1987 Valuation Analysis and Report Writing, 1987 Standards of Professional Appraisal Practices, Part A&B, 1992 Complete Review Seminar, 1993 2022 Continuing Education, 2022-2023 National USPAP Update Course for Non -Residential Real Property, Florida Appraisal Laws & Regulations, Income Approach, Cost Approach. 2020 Continuing Education, 2020-2021 National USPAP Update Course for Non -Residential Real Property, Florida Appraisal Laws & Regulations, Income Approach, Sales Comparison Approach, Appraisal of Small Apartment Properties. 2018 Continuing Education, 2018-2019 National USPAP Update Course for Non -Residential Real Property, Florida Appraisal Laws & Regulations, Appraisal of Small Apartment Properties, Appraisal of Fast Food Facilities, Appraisal of Limited Service Hotels. 2016 Continuing Education, 2016-2017 National USPAP Update Course, Florida Appraisal Laws & Regulations, Appraisal of Owner -Occupied Commercial Properties, Appraisal of Land Subject to Ground Leases, Appraisal of Self -Storage Facilities. Professional Membership & Affiliations Registered Real Estate Broker -Salesperson, 1980, BK312098 State -Certified General Real Estate Appraiser, RZ897, 1991 Work Experience Staff Appraiser, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida, 1982 to Present, Staff Appraiser, Security Federal Savings and Loan, Vero Beach, Florida, 1977 to 1982. Types of Appraisals Completed Vacant Land Residential Condominiums Multiple Family Land Multiple Family Improved Commercial Land Light Industrial Land Offices Retail Commercial Restaurants Shopping Centers Subdivisions Self -Storage Facilities Motels/Hotels Light Industrial Warehouses Airplane Hangars Leased Property Mobile Home Parks Citrus Groves Engaged in the valuation of Real Estate in Indian River, Brevard, and St. Lucie Counties since 1977. 231 of 271 44 QUALIFICATIONS OF THE APPRAISER PETER D. ARMFIELD, MAI Education Graduate University of Florida Master of Business Administration, 1972 Bachelor of Business Administration, 1970 Florida Resident Since 1953 Registered Real Estate Broker, Florida Professional Memberships Member Appraisal Institute (MAI) - Appraisal Institute Senior Residential Appraiser (SRA) - Appraisal Institute Realtor Member - Vero Beach Board of Realtors State -Certified General Real Estate Appraiser, RZ524 Work Experience 1984 - Instructor of Appraisal Course for the Society of Real Estate Appraisers 1981 - President, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida 1979 - 1980 Staff Appraiser, Armfield, Sherman & Associates Real Estate Appraisers & Consultants Vero Beach, Florida 1979 - 1982 Instructor of Appraisal and Real Estate Courses, Indian River Community College, Ft. Pierce, Florida 1976 - 1978 Employed with John S. Sherman, Jr. as Staff Appraiser, Vero Beach, Florida 1976 - Real Estate Sales, Fayetteville, North Carolina Engaged in the valuation of Real Estate in Indian River and St. Lucie Counties since December, 1976. Qualified as an expert witness for real property valuation in the Circuit Courts of St. Lucie County and Indian River County, Florida. 232 of 271 45 QUALIFICATIONS OF THE APPRAISER Peter D. Armfield Page 2 Real Estate Appraisal Made for the Followinq: City Federal Savings & Loan of Palm Beach Savings of America Florida Federal Savings & Loan United Savings of America Florida First National Bank of Vero Beach SunTrust Lomas & Nettleton Ford Motor Credit Merrill Lynch Relo. Gulf & Western Corp. City of Vero Beach Indian River County Gulf Oil Corporation Exxon Corporation St. Lucie County Types of Appraisals Equitable Relocation American Hospital Mgmt.Corp. Attorneys and Individuals Church of Latter Day Saints Kentucky Life Insurance Co. American Petrofina Corp. Federal National Mortgage Assn. FL Dept. of Natural Resources Bank of America Tropicana Corporation Residences Airplane Hangars Warehouses Commercial Insurable Value Leased Property Offices Vacant Land Citrus Groves Shopping Centers Residential Improved Pasture Service Stations Landlocked Golf Courses Light Industrial Subdivision Social Clubs Condominiums Commercial Motels Mobile Home Parks Industrial Citrus Packing Houses Utility Easements Wetlands Apartments Health & Rec. Clubs (Including Low Income Casualty Loss Estimates Housing Involving Partial Interests Section 8; Tax Credit) Articles "Unusual Appraisal Assignments - Problems and Solutions," by Peter D. Armfield winning article in the 1981 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation; published in the Real Estate Appraiser and Analyst - Spring, 1982. "Casualty Loss Valuation" by Peter D. Armfield, published in the Appraisal Journal of the American Institute of Real Estate Appraisers, October, 1982. "Computers in Appraising - Strategies for Success" by Peter D. Armfield and Stephen Armfield, winning article in the 1983 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation. 233 of 271 APPRAISAL LICENSES Ron DeSantis, Governor Halsey Beshears, Secretary STATE OF FLORIDA 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD LICENSE NUMBER: RZ897 EXPIRATION DATE NOVEMBER 30, 2022 ! THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE i PROVISIONS OF CHAPTER 475, FLORIDA STATUTES NELSON, DANIEL A 194010TH AVE #C VERO BEACH FL32960 ISSUED:08/28/2020 Always verify licenses online at MyFlorldallcense.com Do not after this document In any form This Is your license. It is unlawful for anyone other than the licensee to use this document Ron DeSantis, Governor Halsey Beshears, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD LICENSE NUMBER: RZ524 EXPIRATION DATE NOVEMBER 30, 2022 THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES ARMFIELD, PETER D 194010TH AVE C VERO BEACH FL 32960 ISSUED: 09/15/2020 Always verify licenses online at MyFloridaUcense.com Do not alter this document In any form. This is your license. It is unlawful for anyone other than the licensee to use this document 46 234 of 271 ATTACHMENT 4 NOTE TO CLERKMAX EXAMINER! Actual crossldrradots pa,rb is s1125,0110.00, 3120220041786 U C .j RECORDED IN THE PUBLIC RECORDS OF --?-7S.c•771 JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL This Documem Prepared By and Return to: BK: 3553 PG: 601 Page 1 Of 1 7/1/2022 9:04 AM Darlene K. Pegg, CLC President D OOCTAX PD $5, 775.00 Nile Title of the Treasure Coast, Inc. 3055 Cardinal Drive, Suite 105 Vero [leach, FL 32963 Courthouse Box 82 31-39-17-00002-4060-0000410,31-39-17-0000 Paint to Number. 2-0001-00000/0,31-39-17-000024060-00007/ 0,31-39-17-00002-4060-00001/0 Warranty Deed l This Indculure, Made this vc %.r day of ,tune 2022 A.D., Between The Salt Creek Company, LLC, a South Carolina linflied liability company of the County of Indian River , State of Florida , grantor, and Schumann Road Indian River, LLC, a Florida limited liability company whose address is: 500 South Florida Ave., #700, Lakeland, FL 33801 ofthe County of folk , State of Florida , grantee. Witnessed) that the GRANTOR, for and in consideration of the sum of TEN DOLLARS (S10) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indinn River State of Florida to wit: Lots I through 8 and Tract A, Block 406, Sebastian Highlands Unit 7, according to the snap or Mat thereof, as recorded in Plat Book 6, Page(s) 6, of the Public Records of Indian River County, Florida. Said land is free of all encumbrances, except taxes for the year in which this bleed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same.) and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Sighed, scaled a d delivered in our presence: The Salt Creek Company, LLC, a South 1 c1 BnroHiia Iiml itcd iiaflility� cod tJrp�tnyy 11 int am DARLENE= K. F'Ltata Joh�t�na R McCracken, Manager PO. V. Post Office Boa 643s96, Vero Desch, R 32964 P inted dame: Sheila N1. IN'llftoll Witness State of Florida County of Indian River The foregoing instrument was acknowledged before me by means of E] physical presence or ❑ online notarization, thiQ 'day of .tune , 2022 , by Johanna P. McCracken Manager of The Salt Creek Company, LLC, a South Carolina limited liability company who is personally known to me or who has produced her Valid Identification P,b . rcakil . ,�,1 Printed Nhir6c: r"^f? jTb,IN FE53"-' Notary Public r'� :` ; Gommis�ie7, liH �EJ357 My Commission Expir ram- t VresAprji 14, 2025 FT.t"19 r..aGm«uau.cow..s.n.msrne2NIOMAss7e7-5511WFrrmFtwo `F` •'.` 6�xEOThruTtGj=a,nlnsaranxS90.3:STDs 6of271 ATTACHMENT 5 Schumann Road Indian River, LLC 500 South Florida Ave, Suite 700 Lakeland, FI 33801 16 June 2022 Ms. Lisa Frazier, Director of Community Development City of Sebastian 1225 Main Street Sebastian, FI 32958 Re: Presentation - City of Sebastian by Schumann Road Indian River, LLC Corner of US1 and 600 Schumann Drive Dear Ms. Frazier, Please see below our presentation for your review for the proposed land swap and future improvements to the subject properties following our 5J4f2022 meeting: Economic: -Sales Tax to City Of Sebastian: - C--Store: $22,000 (approx.) Retail / Commercial: $30,000 (approx.) -Gas Tax Collected by Indian River County - C-Store: $90,000 (approx. $.06 x 1,500,000 annual gallons). Gas tax is collected by Indian River County and then disbursed based on the population of the incorporated areas of the county -Property Tax Revenue: - C-Store: $7,800 (approx. Sebastian Only) -- Retail J Commercial: $5500 (approx. Sebastian Only) -Impact Fees: - C-Store: $65,900 (Indian River County) - Retail / Commercial: $50,200 (Indian River County) -Jobs: - C-Store: 4-6: Full Time Employees. Avg. Hourly Rate: $15.00/ hr - Retail / Commercial: 2.5 FT Employees per bay: Avg. Rate: $15.00/hr 237 of 271 City and Community Benefits: - Improve and construct sidewalk along Right of Way adjacent to Sebastian park, and across the FEC railroad to make for a better walking experience for residents to the west of the commercial property and park. The sidewalk improvements will also include a small Xeriscape hedge in the Right of Way to enhance curb appeal. Sidewalk improvements shall also be constructed across US 1 along developer property. - Road Improvements to US 1 & Schumann Drive. By moving the C-Store back by 100 feet, the developer will be able to make the site safer and more assessable by improving ingress and egress for large vehicles including trucks towing trailers for boaters. As part of the revisions to the site plan, the developer is amenable to to adding both west bound turn lanes as well as an east bound left turn lane on Schumann Drive. Park Improvements & Benefits under the Land Swap- - The proposed land swap will create better access to the City park. In its current state, access is marginal and limited to mostly pedestrian traffic. The proposed land swap will provide 30 feet of frontage on Schumann Drive. This improvement will allow much better access to the park for owners of cars and city maintenance vehicles, however, more importantly, it will allow for safe access for pedestrians. - The land swap will also provide a buffer to the park in that the swap will move improvements approximately 30 feet from the lake. This buffer will offer a clear separation from the commercial portion of the entire parcel. To note, the current property line sits at the top of the bank. The land swap, traded 1:1 in land area, will offer a considerable higher value than previous with the addition of the improved 30 foot frontage. - Any park improvements will also benefit from an improved land configuration. The new boundary will give the City better flexibility regarding potential future improvements. - Finally, the developer is open to the prospect of cost sharing park improvements such as a new park signage with lighting and landscape. The developer is also amenable to adding landscape around the existing historical monument 238 of 271 Thank -you kindly for taking the time to review our presentation and we welcome your feedback. Mr Shulke is out of the office beginning this weekend but will be back on July 11th at which time we can schedule a meeting for that week in accordance with the various parties' availability. Sincerely yours, ?1W91_114 Todd Maxwell Schumann Road Indian River, LLC Cc: Joseph W. Schulke, P.E., LEED AP Schulke, Bittle & Stoddard LLC Attachements 239 of 271 Attachment 6 OWNER AUTHORIZATION This Owner Authorization shall serve as a designation of Timothy F. Campbell, of Clark, Campbell, Lancaster, Workman & Airth, P.A., whose address is 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 or Joseph W. Schulke, P.E., whose address is 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 (either, the "Authorized Agent"), to individually act as agent for Schumann Road Indian River. LLC, a Florida limited liability company (the "Owner"), whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801, with regard to any and all matters pertaining to the land use, zoning, development approvals, and all federal, state or local permitting, including, without limitation, applications for a zoning or comprehensive plan amendment, any site plan approvals, special exceptions, permits, or environmental, Southwest Florida Water Management District, Army Corps of Engineers, Florida Department of Transportation or other regulatory permit or application with Polls County, or any other local, state, federal or other applicable governmental or quasi -governmental entity, and other applications for approvals deemed reasonably necessary for the development of, the portion of the real property located in the City of Sebastian, Indian River County, Florida identified by Indian River County Property Appraiser Parcel Identification Numbers 31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 that are owned by the Owner. This authorization shall remain in effect unless or until revoked in writing. This Owner Authorization shall be effective as of the date written below. OWNER: Schumann Road Indian River, LLC, a Florida limited liability company By: Lawrence T. Maxwell, its Manager Date: March 9th , 2023 Texas STATE OF l)QR1DAxPS COUNTY OF KgXParker The & going instrument was acknowledged before me by means of Ex physical presence or Q online notarization, this 9th day of March, 2023, by Lawrence T. Maxwell, Manager of Schumann Road Indian River, LLC, a Florida limited liability company, ❑ who is personally known to me or Q who produced �141111d11P1��!!/' (NOT V� 1 ,'e l Palurea Shepard N M �1.IU''N"EX E pi 1 �� �N{ly ID NUMBER COMMISSIO7N EXPIRES December 7.2026 DRIVER LICENSE as identification. Notary Public — State ofFl6tvl4Wsexas Print Name: Palursa Shepard My Commission Expires:12/07/2026 Notarized online using audio -video communication Owner Authorization 240 of 271 ATTACHMENT 7 C"Cf %&AST HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastlan.org 1 O' . L Comp Plan Land Use Amendment ❑ Comp Plan Text Amendment (Large Scale) ❑ Land Development Code Text Amendment III Comp Plan Land Use Amendment IL Rezoning (Small Scale) ❑ Annexation Project Name: Schumann Road Commercial Total Site Area: .07 acres AcreslSF Parcel ID: Portion of 31391700002000200000.0 Existing Address of Site: 600 Schumann Drive Proposed Address of Site: Proposed Use: Institutional Land Use: Institutional Zoning: PS Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 f' Telephone: 863-647-5337 Email: tampbell@clarkcarnpbell-]aw.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: City of Sebastian -- - - - Address: 1225 Main Street, Sebastian, Florida 32958 [Telephone: 772-389-8228 Email: LFrazicr@CityofSebastian.org _ J Date Received: Fee Paid: Received by. FORM B 241 of 271 Surveyor: Address: Telephone: Ljngineer- Joseph W. Schulke, P.E. Email: Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Fie-lephone: 772-770-9622 — Pre — Application Meeting Date: Email: jschulke@sbsengineers.com DESCRIPTION OF PROPOSED PROJECT': The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel lobe conveyed from the City to be consistent with, and becomc apart of, the existing adjacent property owned by Schumann Road Indian River. SIGNATURE OF APPLICANT 1 hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing t ' ape of work will be complied i , whether specified herein or not. The granting of approval does not presume lo gi"authority to violate or cancl t rovisions of any other state or local law regulating construction or the perfontan o ons uctio . I Timothy F. Campbell _ _ _ _ __ July 12, 2023 Print name Signature Date Notarv: STATE OF: Florida COUNTY: Polk I hereby certify that on July 12, 2023, personally appeared before me, Timalby R Campbell who is X personally known to the or has _____ produced identification. Type of identification produced' { %/)� ---- L-,Or r [SEAL] v _ Notary ublic My Commission Expires: _. Commission # EIlAS�7f~r+•' Fe�y4,2027 2027 FORM B 242 of 271 arvaF SEBAST HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ www.cityofsebastlon.org A ❑ Comp Plan Land Use Amendment 0 Comp Plan Text Amendment (Large Scale) 0 Land Development Code Text Amendment 11 Comp Plan Land Use Amendment ■ Rezoning (Small Scale) 0 Annexation Proj ect Name: Schumann Road Commercial Total Site Area: .07 acres . AcreslSF Parcel ID: Portion of 31391700002406000007.0 Existing Address of Site: 600 Schumann Drive Proposed Address of Site: Proposed Use. Commercial Land Use: General Commercial Zoning: Commercial General Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. Address: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801 Telephone: 863-647-5337 Email: tampbell@clarkcampbell-law_com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Schumann Road Indian River, LLC Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 Telephone: 863-272-4615 Email: lawrencemaxwell@hotmail.com Date Received: Fee Paid: Received by - FORM B 243 of 271 Surveyor: Address: Telephone: Email: Engineer: Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 Telephone: 772-770-9622 Email: jschulke@sbsengineers.com Pre —Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will allow the parcel to be conveyed to the City 10 be consistent with the existing adjacent property owned by the City of which a portion of this parcel would become a park (a part of an existing City park). SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing thi t� )e of work will be complied w' I whether specified herein or not. The granting of approval does not presume i lauthority to viol to +r can -el c rovisions of any other state or local law regulating construction or the perfor i anew of ns ction r Timoth\ F. Campbell V ___ _ July 12. 2023 Print name Signature Date Notarv: STATE OF: FlorLd COUNTY: polk I hereby certify that on July 12, 2023, personally appeared before me, Timothy F. Campbell who is X personally known to me or has produced identification. Type of identification produced: [SEAL]4 L '�.I _ IASEN Notfryv PuIie µICHHH34274q My Commission Expires: tom FONary 4 2027 FORM B 244 of 271 SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT REPORT 600 SCHUMANN DRIVE INDIAN RIVER COUNTY, FLORIDA March 20, 2022 Prepared by: ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 2220.00 248 of 271 1.0 INTRODUCTION This assessment is in support of the due diligence for the subject +1.92-acre site. 2.0 SITE LOCATION The project is located within Section 17, Township 31 South, Range 39 East within the City of Sebastian, Indian River County, Florida (Figure 1). Specifically, the project is located on the east side of Highway A1A approximately 1.55 miles south of the intersection of US 1 and Sebastian Boulevard. Specifically, the property is located at 600 Schumann Drive, in the northwest quadrant of US 1 and Schumann Drive. The parcel has and an existing commercial building and associated parking, with open space on site. Bordering land uses include US 1, commercial and residential properties and an open space park. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs. A field reconnaissance of the subject parcel was then conducted which included pedestrian transects through the parcel to map and identify specific habitat and land uses and vegetative cover types. A perimeter transect was conducted to confirm features that extend off site. Field notes were taken and an aerial photograph was marked with land use and cover types and any environmental findings. A0 TOPOGRAPHY/HYDROLOGY According to the U.S.G.S. topographic quadrangle (Sebastian, FL), the site has an average elevation of 10 feet NGVD (Figure 1). The site is vacant with no evidence of structures, depressions, ditching or wetlands. US 1 abuts the east side of the property, with Shumann Drive to the south and an open water to the west. Surrounding properties are undeveloped except for a structure on the property to the north. Field reconnaissance indicates that a commercial office and parking are located on site. A ditch is located on site and connects to a small ditch going west off site. There are no wetlands on site. 249 of 271 5.0 SOILS According to the Web Soil Survey of Indian River County, FL (NRCS — Web Soil Survey), the following soils are found on site (Figure 2). Immokalee fine sand (4) The soil is common in the County and generally found in flatwood communities. The soil is not considered hydric. On site reconnaissance indicates that soils are intact with only surface disturbance from past development. 6.0 SITE CONDITIONS An assessment of the extent, distribution, and composition of vegetative communities for the site was conducted by Chris Sopotnick of Ecological Consulting of Florida (ECF), on March 14, 2022. Pedestrian transects were conducted throughout the site with vegetative communities mapped on a recent aerial photograph. A description of each community type is provided in the Habitat/Land Use section of this report 7.0 HABITAT/LAND USE Onsite habitats and adjacent land uses have been characterized using the Florida Land Use Cover Classifications System (FWC, 2009) (FLCCS), and are described below and depicted on the Land Use and Cover Map (Figure 3). o 4220 — Ditch: The ditch is a broad area 20 feet wide by 2 feet deep along the west boundary of the site. This ditch is sparsely vegetated but includes Brazilian pepper (Shinus terebinthifolius), along the edge along with a few Carolina willow (Salix caroliniana) and pockets of wedelia (Sphagnetiola trilobata). o 7300 — Brazilian Pepper. This area is dominated by Brazilian pepper and includes a few cabbage palms (Sabalpalmetto). o 17211 — Open Land. This area has been previously cleared of native vegetation and grassed with bahia grass (Paspalum notatum). The area is regularly mowed. 3 251 of 271 o 17223 — Commercial and Services. This land cover is built out with a commercial office building and associated parking. Laurel oaks (Quercus laurilblia), and other ornamentals are found in the cover type. ^ TABLE 1— LAND USE AND COVER SUMMARY FLCCS CODE COMMUNITY NAME ACRES PERCENT 4220 Ditch 0.11 5.7 7300 Brazilian Pepper 0.55 28.7 17211 Open Land 0.88 45.8 17223 Commercial and Services 0.38 19.8 Total Area 1.92 100.0 &0 CRITICAL HABITAT/ LISTED SPECIES OBSERVATION A cursory habitat assessment made during this event determined if the habitat was suitable for listed species that generally utilize the area. The site is fairly open with a cluster of Brazilian pepper present. The site falls within the US Fish and Wildlife Consultation are for the Florida Scrub Jay. This bird is found in this area of Sebastian nesting in scrub habitat and utilizing open areas for foraging. A scrub jay survey was conducted from March 14 — March 18, 2022. No scrub jays were observed during the monitoring (See Appendix 1). Non -listed wildlife or signs of species observed include cottontail rabbit and raccoon (tracks/scat). All species of wildlife observed are typical representatives of the habitats on site. None are unusual for the Indian River County area. A database search of Florida Fish and Wildlife Conservation Commission (FWC) records for documented bald eagle nests was conducted and none were noted for the property or within 0.5 mile of the site. 254 of 271 The Florida Natural Areas Inventory (FNAI) provides a matrix by County of rare and endangered species in Florida. Based on the known distribution and preferred habitats of certain species, the following listed wildlife has the potential to occur on site: TABLE 2 — FNAI LISTED SPECIES COMMON NAME SCIENTIFIC NAME EVIDENCE/SIGHTINC STATUS FWC USFWS Eastern Indigo snake Drvmarchon corias couperi Not observed Gopher tortoise Gopherus polwhemus Not observed Gopher frog Rana capito Not observed Florida pine snake Pituophis melanoleucus mugitus Not observed Florida Panther Puma concolor corvi Not observed Burrowing owl I Speotvto cunicularia Not observed Woodstork I Mvcteria Americana Not observed American Alligator I Alligator. mississippiensis Not observed Crested caracara ( Cascara cheriwav Not observed Florida scrub-iav I Aphelocoma coeruluscens Not observed Piping Plover I Charadrius melodus Not observed Red -cockaded I woodpecker Picoides villosus Not observed Southeastern American kestrel Falco sparverius Paulus Not observed Florida sandhill crane I Grus Canadensis pratensis Not observed Osprey I Pandion haliaetus Not observed Snail kite I Rostrhamus sociabilis plumbeous Not observed Least tern I Sterna antillarum Not observed Sherman's fox sQUirrell Sciurus niger shennani Not observed Manatee I Trichechus menatus Not observed Abbreviations: T T T SSC SSC E E SSC E E I T T fT T T I T I T I T E I E T I SSC SSC I E E T I SSC E I E SSC = Species of Special Concern, T = Threatened USFWS = United States Fish and wildlife Service, FWC = Florida Fish and Wildlife Conservation Commission, 255 of 271 10 WETLANDS AND SURFACE WATERS The soils map, topographic map and National Wetland Inventory (NWI) were reviewed to identify potential wetland areas. Subsequent field reconnaissance was performed to confirm limits of wetlands within the project site. The soils map identified non-hydric soils on the site. The topographic map was reviewed and identified an elevation of 10 NGVD. No wetlands, ditches or depressions were noted on the topographic map. The NWI map did not identify any wetlands or surface waters on the site (Appendix 2). On site reconnaissance identified was performed and no wetlands were identified. A surface water, the ditch is present. The ditch will fall under the permitting jurisdiction of the St. Johns River Water Management District (SJRWMD), and potentially the Florida Department of Environmental Protection (FDEP). This feature is classified as an other surface water by SJRWMD and does not require mitigation, only to be addressed in the permit. At the federal level, the FDEP may consider this ditch jurisdictional and therefore require permitting if impacted. Based on review of the site it is likely that this site may be able to qualify for a No Permit required determination from FDEP and therefore be exempt from jurisdiction. During the planning and permitting, both SJRWMD and FDEP will need to be contacted to confirm permitting responsibilities. 10.0 CONCLUSSION The subject property includes a commercial building, exotic vegetation and a ditch on site. The parcel abuts a local park to the west. At the state and federal level, it is anticipated that the ditch will be classified as a surface water and likely only be considered jurisdictional by SJRWMD, and should qualify for a No Permit Required by the FDEP. A scrub jay survey was conducted in accordance with USFWS methodology within the survey month of March. No scrub jays were observed during any event. 256 of 271 APPENDIX 1 - SCRUB JAY SURVEY 257 of 271 Scrub Jay Survey 600 Schumann Drive March 14 —18, 2022 Survey Performed by Chris Sopotnick Date/Times Station# Results Weather Conditions 3/14/22 08:00/08:20 1 no birds 5-8 MPH NE /clear sky 70 ° 2 no birds 3/15/22 09:20/09:40 1 mockingbird 10-15 MPH NE/ overcast 700 2 no birds 3/16/22 09:30/09:50 1 no birds 5-8 MPH SW/ overcast 740 2 no birds 3/17/22 09:00/09:20 1 bluejay 0- 5 NW MPH W/ clear 721 2 no birds 3/18/22 08:00/08:20 1 no birds 0-5 NE MPH E/ clear 701 2 no birds 258 of 271 APPENDIX 2 — National Wetland Inventory Map 10 259 of 271 SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: August 23, 2023 Agenda Item Title: Determination to Proceed — Alternative Cell Tower (Light Pole) 60' in Height — Barber Street Sports Complex (BSSC) Recommendation: Hold discussion regarding a proposed cell tower at the BSSC and provide direction to City Staff Background: City Staff has had initial discussions and reviews with DISH Wireless, LLC, who approached Staff with a proposal to install a proposed 60' high cell tower to be constructed at the Barber Street Sports Complex. The proposal provides for a tower which will look aesthetically in line with the existing stadium light fixtures and be adjacent to the playground area located behind the Fire Station at the BSSC. Access to the tower and equipment is proposed to be from Tulip Drive. Before construction, the project will need to receive 1) Approval from the Planning & Zoning Commission for a Conditional Use Permit showing compliance with the entire LDC Article 23, Telecommunications Facilities Standards, which includes providing data that no other cell tower or structure is available in the area for collocating antennae; and 2) Approval of a final Lease of the site by the City Council. Because the project is proposed to be located on city -owned property, Staff is requesting direction from the City Council if the project should proceed as proposed, and to determine if additional time by both City Staff and the applicant should be expended on final details, plans and reviews, and the lease agreement. If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: N/A Attachments: 1. Aerial of Proposed Location 2. Proposed Tower Elevation Administrative Services Departmen Review: l City Attorney Review: a %A1 Procurement Division Review, if applicable: A City Manager Authorization: Date: �I l 7bod 3 261 of 271 Lin N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: August 23, 2023 Agenda Item Title: City Manager Employment Agreement Recommendation: Request the City Council consider approval of an Employment Agreement with the City Manager. BackEround: At the direction of the City Council, the Mayor and the City Attorney negotiated the attached employment agreement with Interim City Manager Brian Benton. Mr. Benton was provided the Council's recommended contract and through negotiations with Mr. Benton and the Mayor, the attached Agreement has been reached. Council approval to proceed with the attached Agreement is requested. Mr. Benton's contract will be effective upon signing after the Council meeting. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: To Be Adjusted Total Cost: $159,824.00 salary plus benefits Funds to Be Utilized for Appropriation: General Fund Attachments: Employment Agreement Administrative Services Depairent Review: City Attorney Review: ,( Procurement Division Review, if applicable: City Manager Authorization: Date: Y/7,f 1dA3 ✓/q 264 of 271 01) 04 SEBAS-TIA HOME OF PELICAN ISLAND AGREEMENT FOR CITY MANAGER THIS AGREEMENT made and entered into this 23rd day of August, 2023, by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City") and Brian Benton (hereinafter referred to as "City Manager") pursuant to the following terms and conditions. WHEREAS, the City desires to retain City Manager as a full-time contractual City Manager for the City of Sebastian; and WHEREAS, the City expects City Manager to perform all the responsibilities and obligations required as City Manager, pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and WHEREAS, City Manager is willing to enter into a relationship with the City of Sebastian to perform the services as provided. NOW THEREFORE in consideration of the mutual covenants contained herein, the City and City Manager, hereby agree as follows: I. TERM OF AGREEMENT This Agreement shall become effective upon execution by both parties. This agreement shall continue in effect until terminated pursuant to the terms of this agreement. This agreement is subject to renegotiation every three (3) years, if the City Manager requests that it be renegotiated one (1) month before the three (3) years expires. However, if the City Manager chooses not to renegotiate, the City Council, at their discretion, can renegotiate this agreement one (1) month before the three (3) years expires. Otherwise, this agreement will continue in force for three (3) additional years. II. COMPENSATION ANDBENEFITS 1. The City will compensate City Manager at a rate of $159,824.00 per year paid in twenty-six (26) equal payments. Upon completion of an evaluation, the City Council may increase the City Manager's salary. 2. The City hereby agrees to provide and fully pay for City Manager and his dependents, 265 of 271 health insurance, vision care insurance, and dental insurance offered and available to any other full time exempt employees of the City, such benefits being subject to change if said benefits are changed for other City employees. 3. The City shall provide and fully pay for a term life insurance policy for the City Manager in an amount equal to one year's salary, payable to a beneficiary of the City Manager's choosing. 4. The City agrees to contribute to its 401(a) retirement plan, an amount equal to nine (9%) of the City Manager's base salary, or a greater amount should the City ever increase the retirement benefit for managerial employees of the City, and that such contribution shall be made pursuant to the terms and conditions of the 401(a) retirement plan currently in effect, including any vesting schedule and any matching contribution requirements. 5. The City Manager shall accrue vacation benefits at the same rate as provided to managerial employees of the City. Upon voluntary separation from employment with the City, the City Manager shall be entitled to compensation as non -pensionable salary for vacation time accrued in accordance with City Council approved policy applying to managerial employees of the City at the time of such separation. City Manager shall take at least five (5) consecutive days of vacation time off each calendar year. 6. The City Manager shall accrue sick leave and discretionary time at the same rate provided to managerial employees of the City. Upon voluntary separation from employment with the City, City Manager shall be entitled to compensation as non - pensionable salary for sick time accrued in accordance with City Council approved policy applying to managerial employees at the time of such separation. 7. City Manager shall be provided disability benefits to the same degree as provided other managerial employees of the City. 8. The City shall provide payment of dues, subscriptions and educational seminars, which enhance the City Manager's professional development and service as the City Manager, to the extent provided for in the City's budget. 9. The City shall reimburse the City Manager for any expenses directly related to the performance of his duties as City Manager to the extent provided for in the City's budget. 10. City Manager shall be entitled to the use of a designated city vehicle for official and necessary City business use when travelling from City Hall. This shall not be used for transportation to and from the residence of the City Manager or be taken out of State. 11. City Manager shall be entitled to Military Leave of Absence and benefits afforded 2 266 of 271 other full time employees in accordance with City Policy and Chapter 115, Florida Statute, and applicable law. 12. City Manager shall be given a five hundred dollar ($500.00) car allowance each month. In addition to the allowance, the City Manager shall be entitled to mileage reimbursement, in accordance with City Policy, for use of his personal vehicle when travelling more than seventy-five (75) miles from City Hall. 13. City Manager shall be entitled to all benefits contained in the City Council approved policy, as may be amended. To the extent that the City Council approved policy conflicts with this agreement, this agreement shall prevail. M. REVIEW AND EVALUATION A performance evaluation will be performed in accordance with any resolution adopted by the City Council. The criteria for evaluation shall be developed in conjunction with the City Manager. Professional evaluations of performance shall be conducted with decorum and in line with the criteria for evaluation. Post -employment, the City Council and City Manager agree not to engage in public disparagement nor impugn the personal or professional reputation of the City Manager to the public or the media. IV. FULL-TIME EMPLOYMENT The City Manager agrees to remain in the exclusive employment of the City and to not become employed by any other employer unless termination is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed on City Manager's time off, provided that the City Council is advised in writing of all such occasions, in advance. The City Manager is not subject to any residency requirements during his term of employment. V. TERMINATION AND NOTICE OF SEPARATION City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any lawful reason or for no reason in accordance with the City Charter. Should City Manager be terminated without cause, he shall be entitled twenty weeks (20) weeks base salary excluding all insurance policies and other benefits. There will be no accrual of vacation time, sick leave or holiday pay during this time. The City Manager will be paid for any accrued sick or vacation time should Manager resign following a suggestion or request by at least two City Council members during the same public meeting that he resigns, that shall be deemed termination without cause upon notice by the City Manager to the City Council within 14 days of such meeting. 3 267 of 271 The City Manager may also be terminated for cause or misconduct as defined in Section 443.036 (29), Florida Statutes, pursuant to the provisions of Section 3.03 of the City Charter, and other applicable Florida law, in which case City Manager shall not be paid any severance payment, but shall be entitled to compensation for hours worked through her separation, as well as sick or vacation accruals. Any directive of the City to the City Manager which, if carried out by City Manager, would constitute a violation of any Florida or Federal criminal statutes, the City or State ethics codes, the Florida Government -in -the -Sunshine Law, Public Records Law, or the City Charter, will not constitute a basis for termination or suspension for cause'. City Manager may resign upon giving sixty (60) days' notice of separation. City Manager shall not be paid any severance payment unless otherwise negotiated but shall be entitled to compensation for hours worked through his separation, as well as sick or vacation accruals. VI. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify City Manager against any tort, professional liability claim/demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by the City Manager acting within the course and scope of his duties as City Manager. VH. EMPLOYEE HANDBOOK Should an employee handbook or other policy be adopted by the City, the City Manager shall comply with the handbook or policy as applicable. VIII. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. IX. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. X. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either orator in writing, between the parties hereto with respect to the subject matter of this Agreement. 4 268 of 271 XI. NOTICES All notices, consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated addresses: As to the City Manager: Brian Benton PUBLIC RECORDS EXEMPT REDACT FROM PUBLIC RECORDS REQUESTS As to the City: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 With a copy to: City of Sebastian Attn: City Attorney 1225 Main Street Sebastian, Florida 32958. M Im i ; • u In the event that it should become necessary for either party to retain the services of an Attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to reasonable Attorneys' fees. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement, which are filed upon the Court. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW] 5 269 of 271 IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Brian Benton, City Manager has executed this Agreement, as of the day and year first above written. ATTEST: City Clerk: 0 CITY OF SEBASTIAN, A Florida municipal corporation Fred Jones, Mayor Date: Brian Benton, City Manager Date: 270 of 271 ccMCC .7E -_... HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 Main Street, Sebastian, FL 32958 • (722) 205-7560 CITY COUNCIL 1 COUNTY COMMISSIONERS JOINT WORKSHOP DISCUSSION TOPICS FOR CONSIDERATION * Septic to Sewer project in the CRA * Septic to Sewer conversion project for all of Sebastian * Discuss joint land use and zoning for Indian River Drive from its north and south intersections with US 1 * Old Dixie Hwy west of FEC crossing and enhanced improvements * Discussion on current annexation reserve areas * Affordable / Workforce Housing * Utility capacity discussion * Communication about bordering developments in the early stages of County planning * County roads that are possibly being turned over to FDOT * Indian River Lagoon and Water Quality * County Board openings, notify the City so that Sebastian can get representation * Work together in a social media campaign * Potential for shared services 271 of 271