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HomeMy WebLinkAbout06-09-2025 CC AgendaCITY OF SFj3ASTIAN , HOME OF PELICAN ISLAND CITY COUNCIL REGULAR MEETING AGENDA MONDAY, JUNE 9, 2025 - 6:00 PM CITY COUNCIL CHANVIBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Vice Mayor Jones 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. 7. PUBLIC INPUT The heading on Regular Meeting agendas 'Public Input"provides and 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. A. Consider Approval of Draft May 14, 2025 City Council Minutes Staff Report May 14, 2025 City Council Minutes B. Approval of five-year agreement with the Sebastian Clambake Foundation, Inc. for the continued sponsorship and production of the annual Sebastian Clambake. Staff Report Sebastian Clambake Agreement C. Consideration of Approval of the Sebastian Area Historical Society, Inc. lease agreement for portions of the Historical School Building Staff Report Sebastian Area Historical Society Lease Agreement 9. COMMITTEE REPORTS & APPOINTMENT City committee reports and Council Member regional committee reports. No public input or action except City committee member nominations and appointments under this heading. A. Parks and Recreation Advisory Committee - Consider Filling One Expired Regular Member Position Staff Report Applications Advertisement Board Member List 10. PUBLIC HEARINGS A. First Reading on Ordinance No. 0-25-12 - Consideration of a Land Development Code Textual Amendment to Modify the Townhouse Dimensional Regulations within the RM-8 and RM-10 Zoning Districts, and to Set the Date for a Second Reading/Adoption Quasi - Legislative Public Hearing on June 25, 2025 Staff Report Ordinance No. 0-25-12 Comp Plan -Housing Data & Inventory Local Planning Agency Minutes from May 15, 2025 Business Impact Analysis 11. UNFINISHED BUSINESS 12. NEW BUSINESS A. Consideration of Resolution R-25-19 to accept FAA Grant Agreement - Engineer & Design Terminal Apron Expansion, Giving Approval for City Manager to Execute. Staff Report X26-SOG-3-12-0145-022-2025 FAA Grant Agreement Resolution No. R-25-19 453357-1 FDOT PTGA Signed B. Consideration of CSA-15, Selecting Infrastructure Consulting & Engineering to Engineer & Design the Terminal Apron Expansion Project at Sebastian Municipal Airport in the amount of $204,826 and authorize the City Manager to Execute appropriate documentation Staff Report CSA 15 ICE Project Scope and Fee X26-SOG-3-12-0145-022-2025 FAA Grant Agreement 453357-1 FDOT PTGA Signed 2 C. Consideration of Lease Extension for Connection Air, LLC for Office Space in the Airport Terminal Building Staff Report Connection Air, LLC Office Lease Extension Office lease Extension Notification Original Connection Air, LLC Office Lease D. Consideration of Resolution No. R-25-20, approval of the FDEP Florida Resilient Grant Agreement 25PLN23, the Adaptation Plan for the previously completed Vulnerability Assessment Staff Report Resolution No. R-25-20 FDEP Grant Agreement 25PLN23 E. Consideration of CSA #11 for Kimley-Horn and Associates, Inc. for Adaptation Plan in the amount of $55,000, and authorize the City Manager or designee to execute Staff Report CSA #11 Adaptation Plan F. Consideration of a purchase order in the amount of $7,000.00 payable to Xtreme FX, LLC to cover tariffs and associated import fees on fireworks procured for the City's Freedom Festival of 2025, and authorize the City Manager or their designee to execute all necessary documents Staff Report Xtreme FX Tariff Invoice Xtreme FX - Supplier Increase Letters Xtreme FX Contract August 24, 2022 Contract Approval 13. CITY ATTORNEY MATTERS A. Discussion and Direction on Filling Vacant City Council Seat Due to Resignation of Council Member Dixon, Pursuant to Charter Section 2.08. Memorandum City of Sebastian Charter Section 2.08 Florida Statute 166.031 AGO 87-27 City Charter 2.08 - Abstract of Amendments - Legislative History 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS Vice Mayor Jones Mayor McPartlan Council Member Nunn Council Member Dodd 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). 3 NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. 5.286.01 OS) 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 INADVANCE OF THIS MEETING 4 Regular City Council Meetings Public input is ALLOWED under the headings: • 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 THREE 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 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE June 9, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Consider Approval of Draft May 14, 2025 City SUBJECT Council Minutes EXECUTIVE SUMMARY Draft minutes of the May 14, 2025 City Council meeting are presented for review. RECOMMENDATION Request changes if necessary. Consider approval of minutes. ATTACHMENTS: 1. May 14, 2025 City Council Minutes FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: $ 0.00 6 Cl I N' Of Sfj3ASTLAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MAY 14, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Bob McPartlan Vice Mayor Fred Jones Council Member Kelly Dixon Council Member Chris Nunn Excused Council Member Ed Dodd Staff Present City Manager Brian Benton City Clerk Jeanette Williams City Attorney Jennifer Cockcroft Finance Director/CFO Brian Stewart Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Public Works Director Lee Plourde Fleet Superintendent David Moore Human Resources Director Cindy Watson Communications/Social Media Coordinator Avery Joens Police Chief Daniel Acosta Deputy Chief Tim Wood S. AGENDA MODIFICATIONS - None 7 Regular City Council Meeting May 14, 2025 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 25.075 Proclamation - National Police Week - Mav 11 to 17. 2025 - Proclamation - National Peace Officers Memorial Dav - Mav 15, 2025 Mayor McPartlan read and presented the proclamation to Officers Mark Richard, Adam Dean, Zachary Tomberg and Sergio Venegas. 25.076 Proclamation - National Safe Boatino Week - Mav 17 to 23, 2025 Mayor McPartlan read and presented the proclamation to Mr. Cannon and Members of the USCG Auxiliary. Commander McCarty said the auxiliary looks forward to working closely with the Police Department's marine unit to promote boating safety in Sebastian. He displayed some life vests and noted they weren't the big cumbersome vests from the past. 25.077 Proclamation - National Public Works Ar)greciation Week - Mav 18 to 25.2025 Mayor McPartlan read and presented the proclamation to Lee Plourde who thanked Council and the City Manager fortheir trust and he introduced Phillip Patnode, Rob Robinson, and David Moore. BriefAnnouncements: Saturday, May 17 - Sebastian Police Dept Cornhole Tournament - Capt. Hiram's - Teams form at loam Monday, May 26 - Memorial Day Observance at Riverview Park Veterans Memorial - 11 am Monday, May 26 - City Hall will be Closed to Observe Memorial Day Friday, June 6 - City of Sebastian Summer Kickoff Concert at Riverview Park - 6-9pm - Featuring Hot Pink Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Brent Wohlenberg described how sand can be put on top of a septic drain field and it will allow plants to absorb the nutrients, reducing runoff. Catherine Healey said she was here before to speak on a number of things in her neighborhood and she thanked the City for taking down some of the brush at the Schumann Tennis Courts and paving Schumann Drive but there is still a problem with the 4 way stop and drag racing on Schumann and Engler. She asked for speed bumps. She also said there are still a lot of people gathering at the tennis courts during the night and she asked if there could be a gate that closes the park at dusk. The City Manager said he would increase law enforcement in the area. 1.1 Regular City Council Meeting May 14, 2025 Page 3 8. CONSENT AGENDA A. Consider Approval of April 9, 2025 Riverview Park Master Plan Workshop Minutes B. Consider Approval of April 9, 2025 City Council Minutes C. Consider Approval of April 23, 2025 Collective Bargaining Executive Session Summary D. Consider Approval of April 23, 2025 City Council Minutes 25.078 E. Authorization to Waive Fees for the U.S. Coast Guard Auxiliary Use of the Sebastian Yacht Club for Monthly Meetings 25.079 F. Council Consideration of Alcohol Beverage Approval for City operated Summer Kickoff Concert with Hot Pink at Riverview Park on June 6th 25.080 G. Law Enforcement Trust (Forfeiture) Fund Distribution to the Executive Roundtable of Indian River County 25.080 H. Law Enforcement Trust (Forfeiture) Fund Distribution to Thrive I. Law Enforcement Trust (Forfeiture) Fund Distribution in the Amount of $19,700.00 to Police Industrial Tech for the Upfitting of Designated Training Vehicles with PIT Maneuver Bumper Kits MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Consent Agenda Items A -I. Roll call: Vice Mayor Jones - aye Council Member Dixon - aye Council Member Nunn - aye Mayor McPartlan - aye Council Member Dodd -absent Motion carried. 4-0 9. COMMITTEE REPORTS & APPOINTMENTS 25.015 A. Plannina and Zonina Commission - Fill One Exoired. Reaular Member Position A motion was made by Council Member Dixon and seconded by Vice Mayor Jones to keep Sara Battles on the Planning and Zoning Commission. Mayor McPartlan said Ms. Battles has been doing an exceptional job and brings a good perspective to the Regular City Council Meeting May 14, 2025 Page 4 meetings. Council agreed and appointed her to the commission with a new term expiring May 1, 2028. 10. PUBLIC HEARINGS 25.082 A. Consideration of Ordinance 0-25-08 Amendina Land Development Code Article V Zonina District Reaulations to Incorporate a New Zonina District known as Mixed -Use Zonina District and Set Date for Second Readina and Public Hearina for Mav 28, 2025 The City Attorney read the title to Ordinance No. 0-25-08 and Mayor McPartlan opened the public hearing at 6:21 p.m. The Community Development Director said this was a new zoning classification known as mixed use and it was a final step to put the City in alignment with the 2040 Comprehensive Plan. Anna Willis, Land Planner with Kimley-Horn and Associates, displayed a PowerPoint presentation outlining the three proposed mixed use zoning districts. (See attached) Council Member Dixon asked how they came up with the 15%for open space. Ms. Willis responded it was gathered from planners on staff who found it to be a standard in other regional mixed -use districts. Council Member Nunn asked why a drive -through was prohibited in a neighborhood mixed use on page 71, (b). The Community Development Director stated it should have been included and she will make sure it's adjusted. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve the first reading of Ordinance No. 0-25-08 with the wording "exclusion of drive -through facilities" crossed out; setting the second reading for May 28. The City Manager asked Council Member Nunn for clarification, he asked if he wanted the business and professional offices excluding drive through crossed out. He told him that it is shown as a conditional use, permitted now. He asked if Council Member Nunn's thought was to move it from conditional use to just permitted use. Council Member Nunn asked staff if it would be a problem for it not to be conditional use and just be permitted. The Community Development Director said she didn't have an issue moving it to permitted, she believed that it would streamline the ability to have something like a Starbucks to come to Sebastian. AMENDED MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-25-08 with the recommendation to remove the conditional approval of drive -through facilities throughout the document. There was no public input. 10 Regular City Council Meeting May 14, 2025 Page 5 Roll call: Council Member Dixon - aye Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dodd -absent Motion carried. 4-0 25.083 B. Consideration of Ordinance 0-25-10 Amendina Land Development Code Article VII General Reaulations Relatina to Home Occupational Licenses also known as Home Based Businesses and Set Date for Second Readina and Public Hearina for Mav 28, 2025 The City Attorney read the title to Ordinance No. 0-25-10 and Mayor McPartlan opened the public hearing at 6:31 p.m. The Community Development Director said according to staff, what is currently in the Land Development Code regarding home based businesses is not in compliance with Florida Statute. This proposed ordinance would bring the City into compliance. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to pass Ordinance No. 0-25-10 on first reading and set the public hearing for May 28, 2025. There was no public input. Roll call: Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd -absent Motion carried. 4-0 25.084 C. Consideration of Ordinance 0-25-11 Amendina_ the Mao Series in the 2040 Comprehensive Plan The City Attorney read the title to Ordinance No. 0-25-11 and Mayor McPartlan opened the public hearing at 6:34 p.m. The Community Development Director said the current 2040 Comprehensive Plan doesn't include the Graves Brothers property that was recently annexed into the City, this ordinance will update the map series to clearly depict the City's boundaries. MOTION by Council Member Nunn and SECOND by Council Member Dixon to approve Ordinance No. 0-25-11 amending the map series in the 2040 Comprehensive Plan on first reading. There was no public input. 11 Regular City Council Meeting May 14, 2025 Page 6 Roll call: Council Member Nunn - aye Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Dodd -absent Motion carried. 4-0 25.015 D. Second Readina and Public Hearina on Ordinance 0-25-03 - Petition for Voluntary Annexation - 0.9163 Acre Parcel - A Portion of Industrial Park Boulevard, a Private Road. North from 99th Street 25.025 The City Attorney read the title to Ordinance No. 0-25-03 and Mayor McPartlan opened the public hearing at 6:35 p.m. The Community Development Manager said this was the second reading for a request that Council heard in January and it's mainly a corrective measure. During review, staff discovered that in 1987, half of the road's legal description wasn't included in the ordinance. This summer there will be land use and zoning hearings regarding this PUD coming before the Local Planning Agency and Council. She said staff recommended approval. MOTION by Vice Mayor Jones and SECOND by Council Member Dixon to approve Ordinance No. 0-25-03 annexing a portion of Industrial Park Boulevard. There was no public input. Roll call: Mayor McPartlan - aye Vice Mayor Jones - aye Council Member Dixon - aye Council Member Nunn - aye Council Member Dodd -absent Motion carried. 4-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Reauest for Aaaroval of the Issuance of Purchase Orders for Asphalt Pavinq Systems. in an Amount Not to Exceed S832.286.63. for Phase 3 Road Reoavina and Provide Authority to the City Manaaer or Desianee to Execute The City Manager explained that during the budget workshop last summer, there was discussion regarding what roads were being paved on an annual basis, which made the residents think their road should have been paved in a certain year. As a result of the discussion, we decided to change the paving schedule to phases so when staff is going iFA Regular City Council Meeting May 14, 2025 Page 7 through the budget process and there are roads to be eliminated or added in a fiscal year, it will be referred to as a phase instead of a year. The City Manager explained that many of the roads were already part of a fiscal year purchase order in 2023. Once the changes were made in the fall, staff had to close out the purchase orders because they were based on years. This new purchase order will include all of the Phase 3 road repaving and preservation work as well as the Fiscal Year 2023 roads which were approved but had to be closed out on a previous purchase order. He requested approval for this new purchase order and said these roads are scheduled to be completed in June or early July. Council Member Nunn mentioned that the Local Option Gas Tax and Discretionary Sales Tax paid by tourists, snow birds and shoppers pays for the roads throughout the City, it's not coming from our property taxes. MOTION by Council Member Dixon and SECOND by Council Member Nunn to approve the purchase order to Asphalt Paving Systems in the amount of $832,286.63 for Phase 3 Road Repaving. There was no public input. Roll call: Vice Mayor Jones - aye Council Member Dixon - aye Council Member Nunn - aye Mayor McPartlan - aye Council Member Dodd -absent Motion carried. 4-0 Barber Street Pavina Pro iect The Public Works Director said commencing the first week of June, staff plans to start with the aprons of all the ancillary roads and then the main road of Barber Street until July which will finish up all of Phase 3 Road Repaving. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS The City Clerk introduced her new Executive Assistant, Bridget Eakins. She has 10 years of combined experience in crime scene management, evidence handling, and administrative leadership working with the Palm Bay Police Department. She has a love for public service and community involvement. 16. CITY COUNCIL MATTERS Council Member Dixon - None ii K3 Regular City Council Meeting May 14, 2025 Page 8 Council Member Dodd - Absent Vice Mayor Jones - None Mayor McPartlan - None Council Member Nunn thanked the teachers who give their students the assignment of watching a government meeting because he said their local government is the most important government. 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 6:46 p.m. Approved at the May 28, 2025 Regular City Council meeting Mayor Bob McPartlan ATTEST.• Jeanette Williams, City Clerk 14 CITY OF SEBASTIAN A� U of 5 EBgs �,I �2 4 2 Q' �FPELICP�` CITY COUNCIL STAFF REPORT DATE June g, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director Consideration of a Five -Year agreement with Sebastian SUBJECT Clambake Foundation, Inc. EXECUTIVE SUMMARY The City has sponsored the annual Sebastian Clambake with the Sebastian Clambake Foundation, Inc. for the past several years. The agreement for sponsorship and event logistics is due for renewal. The proposed agreement is for 5 years thru December 1, 203o and maintains a city sponsorship amount of $5,000.00. The proposed agreement allows the event to be either z or 3 days in duration as requested by the Clambake Foundation. RECOMMENDATION Staff recommends approval of a 5-year agreement with the Sebastian Clambake Foundation, Inc. for the coordination and usage of Riverview Park forthe annual Sebastian Clambake. ATTACHMENTS: 1. Sebastian Clambake Agreement FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source 5,000.00 annually 5,000.00 annually General Fund — Non Departmental Additional Funds Needed: s o.00 15 JOINT SPECIAL EVENT AGREEMENT THIS AGREEMENT entered in this )3 day of,ZYM*Y, 2025 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereina er ca led "CITY"), and the Sebastian Clambake Foundation, Inc. a Florida not for profit corporation (hereinafter called "FOUNDATION"), provides that: WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the Winter, Spring, and Summer of each year; and WHEREAS, it is desirable that the CITY host a Fall Festival; and WHEREAS, the FOUNDATION is incorporated for organizing a festival to be known as "The Sebastian Clambake Lagoon Festival" (hereinafter called "Clambake") in celebration of the unique aspects of life along the Indian River Lagoon, to be held each year in the Fall; and WHEREAS, the CITY and FOUNDATION desire that said celebration be centered around CITY'S Riverview Park complex; and THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises herein, the sufficiency of which is hereby acknowledged by the parties, it is hereby agreed: The CITY agrees to sponsor the FOUNDATION'S Clambake for the years 2025 through 2030 as set forth herein. 2. This Agreement shall terminate on December 1, 2030. 3. The FOUNDATION Committee, with minimal assistance of the City, shall organize and administer all activities and events for said special event, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, City of Sebastian Fire Marshall, Indian River County Fire Rescue and Indian River County Health Department. 4. Clambake shall entail, at a minimum: live musical entertainment, a festival in Riverview Park with food and non-alcoholic beverages, and beer and/or wine sales in accordance with Florida Statute §561.422. In the case of nark renovations, the citv and the foundation will work together to mitinate anv disruations due to renovations. 5. The event operational plan must be approved by the City Council if the FOUNDATION makes any substantial changes to the event or site plan. Planning/organizational meetings shall take place each year with staff designated by the City Manager. 6. The event shall take place over a two or three-day period occurring on a date mutually agreeable to both parties, targeted annually for the second weekend in November. 7. CITY shall further provide the City Manager with authority to open and close affected streets and rights -of -way in the vicinity of Riverview Park to potentially include: Indian River 16 Drive, Sebastian Blvd, Harrison Street and the Yacht Club boat ramp during the course of the two or three-day festival at his sole discretion. 8. Except as specifically set forth herein, the FOUNDATION shall have all financial responsibility for funding Clambake. It is recognized that Clambake is intended to be a fund-raiser for local charitable and public -purpose projects and that, towards these purposes the FOUNDATION may be compensated by vendors and others for use of the rights -of -way and park areas subject to this Agreement. So long as its non-profit status is maintained, the FOUNDATION shall control disbursement of all proceeds of Clambake in accordance with the requirements of Florida Law and the Rules of the festival. 9. Within 60 days after conclusion of the event, FOUNDATION shall provide a final accounting in accordance with generally accepted practices. City shall reimburse FOUNDATION up to $5,000 towards the costs of entertainment, administrative and miscellaneous expenses. Any amount over $5,000 shall be the financial obligation of the FOUNDATION. 10. FOUNDATION shall have the usage of the CITY's band shell during Clambake as long as it is available and in working condition or when a permanent structure is available. CITY shall also provide the usage of two golf carts for the FOUNDATION's usage during the event for waste removal and cleanup. 11.The CITY shall assign law enforcement personnel as deemed necessary by the Chief of Police, throughout the event, including at a minimum one officer (either a sworn officer or a member of the departments volunteer unit) who shall be specifically assigned to duty at the Riverview Park complex for security overnight on Friday and Saturday evenings of the event. The Police Department shall only provide a close patrol on Thursday evening of the event. 12. CITY shall provide minimal personnel to handle road closures and event troubleshooting duties to include at least one CITY employee on -site during the duration of the event. FOUNDATION will be responsible for all disposal of waste during and after event in dumpsters provided by CITY in close proximity to the park. 13. CITY shall provide all electric and water utilities as needed by Clambake. CITY will provide additional portable restroom facilities deemed necessary for the event. 14. CITY shall publicize the event through its newsletter, governmental access channel, public signage, website, social media and all other available CITY information outlets. 15. CITY shall be accorded the highest level of sponsorship for the festival and shall receive the publicity and recognition granted any others of that status. 16. FOUNDATION agrees to indemnify, defend, insure and hold CITY harmless from any and all claims of any nature, personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by FOUNDATION, its agents, employees, patrons and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be 2 17 construed as the City waiving its immunity pursuant to 768.28, et seq., Florida Statues, or any other sovereign or governmental immunity. AGREED to on the date first set forth above. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Jennifer Cockcroft City Attorney CITY OF SEBASTIAN A Municipal Corporation Brian Benton City Manager SEBASTIAN CLAM BAKE FOUNDATION, INC. President _ Print Name: 18 CITY OF SEBASTIAN o f 5 EBgs � �I U �Z O Z to, pELICP�` CITY COUNCIL STAFF REPORT DATE June g, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Richard Blankenship, Parks and Recreation Director SUBJECT Sebastian Area Historical Society Lease Agreement EXECUTIVE SUMMARY The Sebastian Area Historical Society has leased space in the Historical School Building from the city for approximately zo years. The original lease has expired and staff is presenting a new lease for consideration. The new lease includes the recently added map room as a part of the lease language. The new lease is for a term of 20 years at s1 per year. RECOMMENDATION Staff recommends approval of lease agreement with the Sebastian Area Historical Society, Inc. ATTACHMENTS: 1. Sebastian Area Historical Society Lease Agreement FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source n/a n/a n/a Additional Funds Needed: s o.00 19 HISTORICAL SCHOOL BUILDING SEBASTIAN AREA HISTORICAL SOCIETY, INC. LEASE AGREEMENT This Lease Agreement ("Agreement") is entered into this day of , 2025 ("Commencement Date"), by and between the City of Sebastian Florida, a municipal corporation of the State of Florida, hereinafter ("Landlord",) and the Sebastian Area Historical Society, Inc., a Florida Not for Profit Corporation, hereinafter ("Tenant".) WITNESSETH: Section 1. Premises. Subject to the terms hereof, and to zoning and restrictions of record, and in consideration of the mutual benefits and obligations set forth hereafter, Landlord leases to Tenant and Tenant leases from Landlord the Premises located in Indian River County, Florida, more particularly described as follows (the "Premises"): Museum room and map room with associated common space also referred to as spaces 111,112,123,124 and 125 located at 1235 Main Street, Sebastian, located in Indian River County, Florida. Section 2. Term/Termination. This Agreement shall be for a 10 year term commencing on the date of final execution and expiring on May 30, 2035. Termination of the lease shall be with or without cause upon 30 days' notice by either party prior to the end of the term. No renewal term is contemplated herein and will require execution of a document of equal dignities herewith. Section 3. Rent. Tenant shall pay to Landlord during the term of this Agreement, an annual Rent in the amount of one dollar per year or agreed total rental of $20 dollars. Section 4. Use. Tenant shall use and occupy the Premises only for office space and museum space and map room associated with its mission and directives, including such ancillary use of space as is typically associated therewith and for no other use or uses without the written consent of the Landlord. Tenant shall not use the Premises in a disreputable, ultra -hazardous or unlawful manner, or in any manner that would constitute a public or private nuisance. Tenant shall provide all of its own office equipment, furniture and furnishings' and shall insure such equipment, furniture and furnishings as it deems desirable, but, in no event, shall make a claim against the Landlord for any losses. Tenant shall not perform any acts on the Premises that would generate noxious odors or annoying noises. Tenant acknowledges existence of equipment located on the Premises which it shall not damage or destroy but for ordinary wear and tear. Section 5. Hazardous Substances. Tenant shall not use, store, generate, dispose of, release or otherwise handle or possess any hazardous substance on or about the Premises. Should Tenant violate this provision, then Tenant shall indemnify, defend, and hold Landlord harmless from all claims, charges, penalties, fines, liabilities, costs (including clean-up costs), and all other obligations and expenses arising directly or indirectly from such violation. The Tenant's indemnification, defense and hold harmless herein shall be limited to the extent permitted in Section 768.28, Florida Statutes, as amended from time to time and as set forth in Section 9 Indenmification/Liability/Loss below. 20 Section 6. Quiet Eniovment. Upon paying the Rent and performing all other covenants and obligations under this Agreement, Tenant shall hold the Premises free from disturbance. Section 7. Redeliverv. Tenant covenants that at the termination of this Agreement, whether by expiration, default or otherwise, Tenant shall promptly re -deliver the Premises to Landlord free from subtenancies and in the condition the Premises are presently in, reasonable use wear and tear excepted. Any personal property or trade fixtures remaining on the Premises three days after termination shall be deemed abandoned by Tenant, and may be disposed of as Landlord deems fit at Tenant's expense unless otherwise agreed to be Landlord in writing. All personal property or fixtures located in the Premises on the Commencement Date shall be redelivered in good condition with the Premises. Section 8. Acceptance of Premises. Tenant acknowledges that Landlord has made no representation or warranty that the Premises are fit for Tenant's intended use. Tenant has inspected the Premises, and Tenant accepts the Premises "as is". Section 9. Indemnification/Liabilit,%!/Loss. Tenant hereby waives all claims and agrees to hold forever harmless Landlord from any and all claims, lawsuits, judgements, or similar causes of action, for any/all injuries and/or claims to persons or property arising out of the activities conducted by Tenant on the Leased Premises. Tenant shall indemnify Landlord against any/all claims, liabilities, loss or damage as a result of Tenant's activities on the Leased Premises. Tenant agrees to defend Landlord against any/all claims, at the sole cost and expense of Tenant. Section 10. No Assip-nment without Consent. Tenant shall not assign this Agreement or any of Tenant's rights hereunder, nor sublet the Premises or any portion thereof, without first obtaining the written consent of Landlord. Such consent shall not be unreasonably withheld. Section 11. Default/Breach. Landlord, at its option, may terminate this Agreement on three days' notice to the Tenant: (a) if any Rent due hereunder is not paid when due; or (b) if the Premises are abandoned by Tenant or otherwise become and remain vacant or deserted for a period of 10 days or more; or (c) if the Premises are used for some purpose other than the use authorized herein; or (d) if Tenant shall have failed to cure a default in the performance of any other provision of this Agreement or any rule or regulation set forth herein within ten 10 days after written notice thereof to Tenant from Landlord, or if such default cannot be completely cured in such time, if Tenant shall not promptly proceed in good faith to cure such default within said ten 10 days, or shall not complete the curing of such default with due diligence. In the event that Landlord elects to terminate this Agreement, then, upon the expiration of the aforesaid notice period, Tenant shall remain liable for damages to the maximum extent provided herein or permitted by law. If either party commits a material breach of this Agreement, the other shall have available all remedies given by law or equity. Section 12. Destruction of Premises. In the event that the Premises or a portion thereof is destroyed or damaged by fire or other casualty, then Landlord may or may not elect to repair or rebuild the Premises or to terminate this Agreement. If Landlord elects to repair or rebuild, this Agreement shall remain in force, and Landlord shall complete all repairs or rebuilding after such election. If it is reasonably anticipated that it will take more than sixty (60) days to complete the 2 21 repairs or rebuilding, the Tenant may elect to terminate the Agreement without further obligation or, upon written request of the Tenant, the rent shall be suspended or otherwise prorated to adjust for any period that the Tenant is unable to use the premises normally as a result of the damage or disruption resulting from the repairs or rebuilding work. If Landlord elects to terminate this Agreement rather than to repair or rebuild, Tenant shall promptly surrender possession of the Premises to Landlord and neither Landlord nor Tenant shall have any remaining obligations hereunder, except any obligations owed by Tenant that accrued before the casualty, which obligations Tenant shall forthwith settle. Landlord shall not be liable for any damages, inconvenience, or annoyance to Tenant resulting from any damage to the Premises or from the repair or replacement thereof, and shall not be liable for any delay in restoring the Premises unless arising from the Landlord's negligent or wrongful action. If Tenant's negligence or the negligence of Tenant's agents, employees or invitees results in damage or destruction to the Premises, then notwithstanding any other provision of this Agreement subject to the limitations and waiver set forth in Section 768.28, Florida Statutes. Tenant shall be obligated to pay the cost or repair, replacement or restoration that exceeds any available insurance proceeds therefore, and Rent shall not abate during the period of repair or restoration. Section 13. Liability for Loss of Personal Propertv. All personal property placed or moved in the Premises shall be at the risk of Tenant. Landlord shall not be liable for any damage to person or to property occurring on the Premises or related to Tenant's use thereof including, but not limited to, damages arising from the bursting or leaking of water pipes. Section 14. Alterations. Tenant shall not make any alterations to the Premises without first obtaining the written consent of Landlord. Any alterations so approved by Landlord shall (a) be made in a good and workmanlike manner; (b) be paid for in full by Tenant; (c) be made with materials of comparable or better quality than are already in place; and (d) not weaken the Premises or cause a reduction in fair market value of the Premises. Section 15. Access to Premises. Landlord may enter the Premises at any time for the protection or preservation of the Premises. Section 16. Cost of Collection and Attornev's FeesNenue/Waiver of Jury Trial. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive any right to trial by jury; (4) no remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 17. Liens. Tenant agrees to keep the Premises free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions and Tenant shall indemnify and defend, to the extent and limits permitted by law, Landlord against any claim or action brought to enforce any lien imposed on the Premises because of Tenant's negligent act or omission. Except as specifically provided otherwise herein, Tenant shall have 10 days after 3 22 receiving notice of any such lien or encumbrance to have such removed. If Tenant fails to have such removed within that time, Tenant shall be in default. Section 18. Waiver. No act of a party shall be deemed a waiver of any of the party's rights hereunder, unless such waiver is specifically made in writing. A party's forbearance to enforce any rights hereunder or to exercise any available remedy, or to insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of such rights, remedies or strict compliance, nor shall such forbearance stop the party from exercising any available rights or remedies or from requiring strict compliance in the future. Landlord's acceptance of any late or inadequate performance including, but not limited to, late or insufficient payments of Rent, shall not constitute a waiver or forfeiture of Landlord's right to treat such performance as an event of default or to require timely and adequate performance in the future. Section 19. Notices. All notices or other communication required or permitted to be given pursuant to this Agreement shall be in writing and shall be construed as properly given if mailed by registered or certified mail with return receipt requested. It is agreed that notice so mailed shall be reasonable and effective upon the expiration of three business days after its deposit. Notice given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addresses of the parties shall be the address as follows: Sebastian Area Historical Society, Inc. City Manager P.O. Box 781348 City of Sebastian Sebastian, FL 32978 1225 Main Street Sebastian, FL 32958 Section 20. Construction. Whenever the context permits, or requires the use of the singular in this Agreement shall include the plural and the plural shall include the singular. Any reference herein to one gender shall likewise apply to the other gender and to the neuter; and any reference herein to the neuter shall refer likewise to one or both genders. Any reference herein to a person shall include trusts, partnerships, corporations, and other entity, as appropriate. Section 21. Cautions. The captions to the provisions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement nor in any way effect the substance of this Agreement. Section 22. Applicable Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Nineteenth Judicial Circuit Court in and for Indian River County, Florida. Section 23. Survivabilitv. The parties agree that all of the indemnities, representations and warranties made herein, shall, to the extent and limits permitted by law, survive the termination or expiration of this Agreement and that the termination or expiration hereof shall not release Tenant or Landlord from any accrued, unfulfilled or unsatisfied liabilities or obligations. Section 24. MerQer. No prior or present agreements or representations shall be binding upon the parties hereto unless incorporated in this Agreement. No modification or change in this 4 23 Agreement shall be valid or binding upon the parties unless a writing is executed by the parties to be bound thereby. Section 25. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. Section 26. Severabilit-%,. If any provision of this Agreement should be in conflict with any public policy, statute or rule of law, or is otherwise determined to be invalid or unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but without invalidating the remaining provisions. Section 27. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earlier Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or Rent payment be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided in this Agreement. Section 28. Time Periods. Time is of the essence in this Agreement. Any reference herein to time periods of less than six days shall exclude Saturdays, Sundays and legal holidays; and any time period provided for herein that ends on a Saturday, Sunday or legal holiday shall extend to 5:00 o'clock pm of the next full business day. Section 29. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the date stated. LANDLORD: CITY OF SEBASTIAN, FLORIDA BOB MCPARTLAN, MAYOR Date: ATTEST: JEANNETTE WILLIAMS CITY CLERK 24 APPROVED AS TO FORM AND LEGALITY: JENNIFER COCKCROFT CITY ATTORNEY TENANT: Sebastian Area Historical Society, Inc. Date: STATE OF FLORIDA COUNTY OF INDIAN RIVER SWORN AND SUBSCRIBED before me on this q:!'�' day of ', c to � , 2025; jC in person or via electronic means; by � C 3(-Ca"! as the President of the Sebastian Area Historical Society, Inc., who is < personally known to me or produced as identification and who or did not X take an oath. NOTARY STAMP OR SEAL: Notary Public State of Florida '� Sa- AL Catherine E Testa N TARY PU�C E OF FLORIDA 1111 My Commission HH 606905 - MY COMMIg�SIO EXPIRES ON: �ru'w2y le, Zaz Expires 211612029 , no 25 CITY OF SEBASTIAN OF 5 E B,qS -y► �FPEIICP� CITY COUNCIL STAFF REPORT DATE June 9, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk Parks and Recreation Advisory Committee — One SUBJECT Regular Member Vacancy EXECUTIVE SUMMARY The Parks and Recreation Advisory Committee studies and provides recommendations to City Council as to the development of the park system and provisions of active recreational programs and facilities. Mr. Renzi's regular member position has expired on the committee. He would like to take a break from service and come back in the future. In response to the City Clerk's advertisement, the two alternate members, Paul Halleran and Grace Sheldon would like to move up and there are two new applicants, Ms. Randee Bok and Mr. Dale Moore. RECOMMENDATION Consider interviewing the applicants and submit nominations to fill the expired regular member position. ATTACHMENTS: 1. Applications 2. Advertisement 3. Board Member List FUNDING SOURCE: Expenditure required N/A Additional Funds Needed: $ 0.00 Amount Budgeted: Funding source N/A N/A 26 CM C* SEBASTIAN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: ��I �• /LI�� Address: City: State: Zip: 3z`"l5_F Telephone: ( 7 ) (y55^ E-Mail Address: ri �,� �rml r lL Employer: City: Business Telephone: ( State: I am interested in serving on 4c, thhfollowing boaarrdd(s)/committee(s): 1s, Choice: r (;�V 091w).2 Choice: 3* Zip: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD" NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment 27 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional nc^er_ti `icotions or designations may be attached.) Why do you want t sere on t is board? ;7 fP C Do you presently serve on another City Board or Committee? lD If yes, please list: Have you previously served on any other City Board or Committee? Alv If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ett)ics.state.fl.us/ethics/forms.litrnI If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at littp://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. pu Signature of Applicant: Date: S 1 L Date Received by City Clerk's Office �%U I 0 L4i by: Z.A,), Ld'in" J P Paul Hatteran Please summarize special skills, qualifications, or education you have acquired for this appointment. I would like to be considered for the Sebastian Parks and Recreation Advisory Committee; Alternate position. I am a retired U. S. Navy (Reserves) Veteran; 2006, and recently retired Registered Nurse; 2023. Mywife, Donna, and I moved to Sebastian ten years ago, purchased a home on Greenbrier Ave. and are full-time residents. I have a strong compassion for civic involvement; a committed American Red Cross and OneBlood platelet donor (35 gallons) since I was eighteen years old, a consistent volunteer with Pelican Island Audubon Society in Vero Beach for eight years and a dependable I. R. C. Adopt -A -Road litter picker (661h Ave. between 41"and 491h Streets) for six years. And since 1 retired, an I. R. C. poll worker and Literacy tutor (presently teaching inmates at I. R. C. Jail G. E. D. prep courses). Why do you want to serve on this board ? I would like to be of service on this board because my wife and I absolutely love this city and area. am an enthusiastic bicycle rider (Al A), pickle -ball player (3 X's a week at the P. B. Complex at the airport and our dog, Nikki enjoys trips to the Keen Terrace Bark Park. The city and this department have provided valuable resources and scenic areas for the residents to enjoy. I feet I could contribute to improving the quality of life for our fellow residents by working and collaborating with the Parks and Recreation Advisory board. I am available to answer any questions you may have at any convenient time. P96 o� Grace Sheldon 750 S Fischer CIR Sebastian, FL 32958 • (651) 955-8158 • gcressy578(olgrnad.conn O Profile A dedicated volunteer and resident with over 4 years. Now seeking to contribute my experience, skills and expertise to the city of Sebastian. O Education University of Minnesota Bachelor's Degree of Psychology, 2011 Illinois Central College Associates Degree of Arts and Sciences, 2008 O Skills, Trainings & Certifications Technical Skills Proficient in Microsoft Office programs (Word, Excel, PowerPoint, Outlook) Electronic client records (Credible, Epic) Google Apps (Gmail, Google Docs, Google Calendar, Google Plus) Trainings Conflict Resolution in the Workplace Essential Skills in Communicating with Patients How to Become a Better Communicator Mindfulness Based Stress Reduction Positive Psychology in the Workforce Spoken Impact: Public Speaking Training Email Etiquette O Work Experience 2015-CURRENT Stay at home parent / Homemaker Owner and operator of Miss Grace Creates Face Painting 2012-2015 Touchstone Mental Health Program Coordinator 2011-2012 Alpha Human Services Office Manager 2008-2011 Starbucks Shift Supervisor O Volunteer Work 2023/24 - Sebastian Elementary School of the Arts Established PTA/ Art Club Drama club makeup artist 2010-2012 - Minneapolis VA Medical Center Volunteer Activities Coordinator O References Available upon request 30 VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Grace Sheldon Address: 750 S Fischer CIR Sebastian, FL 32958 Telephone: (651) 955-8158 E-Mail Address: gcressy578@gmail.com Employer: Stay at home parent / homemaker I am interested in serving on the following board(s)/committee(s): PARKS AND RECREATION ADVISORY COMMITTEE 'Filing of financial disclosure is required following appointment Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) See attached resume. Why do you want to serve on this board? I want to participate on the Parks & Rec board because I not only want to know what the city is planning but also have an active voice in future plans. The local parks are a HUGE part of my day to day life with my family. I'm really impressed by what the department has already accomplished and prioritized. Do you presently serve on another City Board or Committee? PTA at Sebastian Elementary Have you previously served on any other City Board or Committee? No I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.etliics.state.fl.us/ethics/f"orms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part III) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at littr)://www.flsenate.aov/statutes 31 I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Grace Sheldon Date: 12/5/24 Date Received by City Clerk's Office 1 4 5 %LC Z,f by 4� 32 Randee G. Bok 751 Capon Terrace Sebastian, FI 32958 203-913-5595 E-Mail: RandeeBok@gmail.com Experienced and Creative Program Professional Experienced multi -skilled professional seeking an opportunity with an established organization that promotes personal and professional growth utilizing my strengths and experiences working with children, families, and the community. PROFESSIONAL EXPERIENCE INDIAN RIVER STATE COLLEGE FORT PIERCE, FL AUGUST 2024-PRESENT PALM BEACH STATE PALM BEACH, FL Adjunct Professor Principals of Early Childhood Education, Creative Experiences for Young Learners, Integrating Mathematics in the Preschool Classroom SCHOOL DISTRICT OF INDIAN RIVER COUNTY- THE LEARNING ALLIANCE OCTOBER 2021-PRESENT VERO BEACH, FL Prevention Intervention Specialist- • Support Teachers and Teaching Assistants with techniques and tools for daily classroom management and behavior models • Collaborate with the Early Learning Programs Administration PET Team, MTSS Team, for student referrals and placement • Offer supports to the Pre-K team on curriculum standards • Organize family engagement events • Observe, coach, and model support for Teachers and Teaching Assistants • Assist with written procedures for student behavior plans • Meet with teacher and parents to discuss child's progress/ needs/family plan • Train and implement procedures for Crisis Prevention Intervention • Collect and distribute data on individual Social Emotional Assessment • Coordinate Community collaboration to support families and students EOC OF INDIAN RIVER COUNTY, MARCH 2O19- OCTOBER 2021 VERO BEACH, FL Education Site Manager/Head Start Teacher- • Oversee school structure and site • Manage and oversee staff • Enforce school policy and procedures • Establish safety protocol and classroom expectations • Collaborate with the Pre-K team on curriculum standards and written procedures for an educational plan INDIAN RIVER COUNTY SHERIFF DEPARTMENT, NOVEMBER 2018•MARCH 2O19 VERO BEACH, FL 911 Dispatcher and Call Taker • Managed calls from Members of the Community- emergency and non -emergency • Daily Federal and Judicial administrative duties • Establish safety rapport with the community • Maintained a professional and compassionate relationship with callers • Organize day -today responsibilities among the call -taker duties • Enforce Sheriff Department policy and procedures • DOJ Emergency and Trauma INDIAN RIVER COUNTY SCHOOL DISTRICT, OCTOBER 2017 — MARCH 2O19 VERO BEACH, FL ESE Pre-K Teacher/Substitute • Classroom teacher for special needs students with IEPs • Write and report student's Individual Education Plans and Behavioral Strategies • Establish safety protocol and classroom expectations • Collaborate with the Pre-K team on curriculum standards • Meet with parents to discuss the child's needs/family plan • Collaborate with the Board of Education Pre-K PET Team 33 • Incorporated Positive Behavior Support into the classroom setting • Organize day event with Special Olympics • Enforce school policy and procedures NEWTOWN YOUTH AND FAMILY SERVICES, APRIL 2014—JULY 2017 SANDY HOOK, CT Behavior Specialist and Project Manager • Initiate behavior plans with the assistance of school staff • Worked directly with families of trauma and High Risk- Pre -School through Middle School • Collaborating with coworkers to provide the best resources for clinical clients • Created Sibshop and Recreational Social Skills for Mental Health Clinic, Lead successful Lunch bunch Groups • Networking with community organizations -meeting needs of the surrounding town's population • Organize demonstrations, lectures and for the Community at Large • Plan and design programs for Preschoolers, Youth, Teens, Special Needs, and Senior Populations • Overseeing day-to-day program operating duties including payroll and hiring staff • Design and distribution of promotional materials CENTRAL CT COAST, WILTON YMCA & NEW CANAAN YMCA, SEPTEMBER 2006 — NOVEMBER 2014 FAIRFIELD COUNTY CT Part -Time Head Pre -School Teacherllnstructor • Prepared and managed daily curriculum for students • Assisted Preschool Director -with NAEYEC Standards • Handled monthly bookkeeping, local collaboration of themes and events, and oversee Preschool curriculum • Provided the necessary communication to parents and caregivers • Supervised staff, oversee all certifications and continuing education requirements current • Instructed Swim, Cycling/Spinning, and active older adult classes • Assisted in special need support to members throughout the organization WESTPORTIWESTON FAMILY Y, WESTPORT CT Senior Director JUNE 2006 — NOVEMBER 2009 • Engaged in year-round program management including summer camp, as well as bi-monthly family and community events • Worked directly with Children of behavioral and High -Risk Environments • Managed a $1.2 million -dollar operating budget • Allocated funds for financial aid applicants and special needs recipients through school and public donations • Supervised, trained, and evaluated one full-time family director and 140 part-time/seasonal staff • Assisted heavily in the interviewing in seasonal staff; including all new hire paperwork, payroll, timesheets, and supervision • Prepared necessary documentation for the Connecticut State Health Department for after -school, Preschool, and Summer Camps • Ensured inspection preparation for American Camping Association Accreditation NEW CANAAN YMCA, NEW CANAAN CT JULY 2000 - JUNE 2006 Program Director • Coordinated family programs, parent infant classes, parenting classes, • Assisted with NAEYC accreditation • Supported children and families of loss and trauma • Developed and maintained department budgets • Designed Preschool themed classes • Managed childcare staff, oversee payroll, new hire paperwork, payroll and supervision • Participated in the Search Institute on the 40 Developmental Assets • Provided team building trainings for outside organizations such as the Youth Drug Coalition and the Youth Council of New Canaan EDUCATION & CREDENTIALS Master of Education; Educational Leadership; 2024 University of North Florida, Jacksonville, FL Bachelor of Science in Liberal Studies; Minors in Psychology, Sociology, and Public Heath 1998 Southern Connecticut State University, New Haven CT Associates of Science in Early Childhood Education 1994 Norwalk Community College, Norwalk CT TRAINING AND CERTIFICATIONS • Trainer Crisis Prevention Intervention (CPI) • Certificate of training Registered Behavior Technician Training • Trauma Informed Care Trauma Training 34 • Behavioral Incident Support System • Positive Behavior Support Training • Conscious Discipline and Social Emotional Training • Lego Therapy Training • Sib -shop Training • Yoga Ed Certification • VPK Directorship • Teaching Strategies Interrater Reliability • American Red Cross Lifeguard, First Aid, CPR & AED-Current • YMCA Aquatic Instructor- Lifetime • Red Cross Canoeing Instructor -Lifetime VOLUNTEER WORK • 2017-Present Volunteer Treasure Coast Special Olympics • 2019-Present Treasure Coast Woman's Club Member • Indian River County- swim instructor for special needs students • Parent Volunteer Treasure Coast Swim Club • Parent Volunteer Float Hope Swim Program • 2018 Foundation 15 — Vero Beach - Treasurer • Nichols United Methodist Church • Fairfield and Wilton YMCA • Leukemia Lymphoma Society • 2005/06 Vice President of New Canaan Kiwanis Club 35 On Llr 10 HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application forrn is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-166, all Board and Committee members must be City residents for one year prior to application unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Dale Moore Address: 415 Seagrass Ave. City: Sebastian State: FL Zip: 32958 Telephone: (407 ) 765 4276 E-Mail Address: dizzylanddale@aol.com Employer: self employed City: State: Zip: Business Telephone: ( ) - I am interested in serving on the following boards)/committee(s): 1�t Choice: Parks & Rec Advisory Committee 2nd Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next formation in 2025) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment 36 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Extensive experience in site concept, planning and design in the family entertainment industry, including hospitality and event design and coordination while working at companies like Walt Disney Imagineering, Lake Lanier Islands Resort, Bass Pro Shops and Silver Dollar City. A complete list is on my attached resume, and my portfolio is available to show pertinent projects to this position. Why do you want to serve on this board? I feel I can bring creative ideas to be considered, with knowledge on how to accomplish them. Being retired recently from Disney, I now have the desire to continue with my creative design and solutions within a city where I believe I can have some level of valid contribution. Do you presently serve on another City Board or Committee? NO If yes, please list: However, I am currently on the Board for the Sebastian Area Historical Society. Have you previously served on any other City Board or Committee? _No If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer sery ices for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.litml If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be cons idered for another board. I hereby certify that all the statements made on this application are true and c orrect. I understand that any false statements or omissions from this application may be cause for my applicati on not to be considered. Signature of Applicant: — Date: S / Z 5' ZO 2 — Date Received by City Clerk's Office J / ZU 120Z J by la/LC2 fw 37 RESUME Dale Moore 415 Seagrass Ave. Sebastian, FL 32958 407-765-4276 dizzvlanddale(@AOL.com OVERVIEW insidedalesbrain.com My experience covers a wide spectrum of creative direction, design, and problem solving. My involvement in small to large projects for major resort, cruise line and theme park companies has allowed me to utilize my creative skills as a Creative Director, Art Director, Designer, Show and Copy Writer as it relates to Hospitality Design, Graphic Design, Interior Design, and Show Design. My continual goal is to always be out -of -the -box, over -the -edge, and off-the-wall with all my thoughts, desires and designs. EXPERIENCE Feb 2011- WALT DISNEY IMAGINEERING — Lake Buena Vista, Florida April 2022 Position: Senior Designer Provide graphic, environmental, and dimensional design and design direction for Walt Disney World resorts, parks and other venues. Past Lead Designer for Resorts and Studio projects. Recently involved with a variety of areas for Walt Disney World. Feb 2009- DR. BRAINS EXHIBITS —Springfield, Missouri Feb 2011 Position: Creative Director/Part Owner Provide research, design, and writing for exhibits and displays created for Children's Museums and Science Centers. Direct fabrication. Provide client interaction, collateral design and creative concepts to promote this new exhibit company. Feb 2007 - GARAGE GRAPHICS & VISUALS (now Elemoose) —Springfield, Missouri Feb 2009 Position: Creative Director Responsible for environmental, print, and graphic design, and overall marketing strategies and new client contact and sales as part of a growth initiative for an established dimensional design and custom fabrication company. April 2001- WALT DISNEY IMAGINEERING — Lake Buena Vista, Florida Jan 2007 Position: Senior Designer — Resorts (2001-2007) 38 Art Director — Disney Cruise Line (2005-2007) Provide graphic, environmental, dimensional and interior design and design direction for the Walt Disney World resorts. Provide design and art direction to Disney Cruise Line and contract designers and vendors as the Imagineering representative to the Disney Cruise Line. July 1996- LAKE LANIER ISLANDS RESORT - Lake Lanier Islands, Georgia April 2001 KSL Resorts Position: Creative Director Provide creative direction for all phases of Lake Lanier Islands Resort development. Provide creative concepts for site use and Master Plan. Provide theme guidelines and continuity. Provide design and/or direction for graphic design. Design and/or direct architecture and interior design. Provide attraction concept and direct design. Provide design or direction for exhibits and displays. Provide creative copy writing. April 1994- BASS PRO SHOPS - Springfield, Missouri March 1996 Design and Development Position: Manager of Corporate Design Part of the architectural team for concept, layout, design and theming for new or rehabbed restaurants, retail stores, resorts and other projects. Responsible for the graphic design and direction for new projects and existing resort and retail properties. Sept. 1991- SILVER DOLLAR CITY - Branson, Missouri April 1994 Position: Manager of Corporate Development Part of the Development team responsible for creating concepts and design for new businesses and existing properties. Specific duties included creating and developing concepts for new projects, from providing storylines and theme guidelines, to designing and/or art directing various or all phases of those projects. Design direction included all elements of visual design; color, interior design, layout, master planning, propping, signage, and nomenclature. Dec. 1982- WALT DISNEY WORLD - Lake Buena Vista, Florida Sept. 1991 Walt Disney Resorts (Dec. 1984 - Sept. 1991) Position: Manager of Resort Design Managed and gave creative direction for Resort Design. Management included personnel direction of a staff of 13; budgeting and purchasing responsibilities and overall department organization. W Creative advisor on various projects for the Resorts, i.e. restaurant theming and design, (Crockett's Tavern, The Neverland Club) signage and nomenclature. Creative direction included establishing the standards and direction for all projects, creative input for those projects, designer and support selection (in-house and independent creatives), project approval and presentation, and directing the production and/or printing of the projects. Exhibit Design (Dec. 1982 - July 1985) Was responsible for various exhibit and display designs for the Magic Kingdom, EPCOT Center, Resorts and off property. This included touring Disney exhibits, promotional exhibits and themed seasonal displays. WED Enterprises (Dec. 1982 - Dec. 1984) Was responsible for design and/or art direction of new signs in the Magic Kingdom and Resorts. This included I. D. signs, menu boards, decorative signs, and directional maps, plus various signs for EPCOT. July 1973- KINGS PRODUCTIONS - Cincinnati, Ohio April 1982 (later Paramount Parks Design) Position: Assistant Director of Art and Design ASSOCIATIONS EDUCATION Part of a 5-member team that was the creative conceptual group for all new projects, including major theme parks, mini parks, and museums. Supervised and art directed designers, estimated design and production costs, and bid and contracted jobs. Design responsibilities- Signs, props, and decoration, theming research, theme guidelines, storylines, nomenclature, part of the conceptual team for designing ride and darkride attractions. Member (past) — Disney Safety & Accessibility Communication Committee Member (2002) — Disney WDI Diversity Team President (1991) - Creative Club of Orlando Vice President (1990) - One Club of Orlando Steering Committee Member - Orlando Children's Museum Volunteer Designer - Orlando Science Center Board Member (past) - Pine Castle Folk Art Center Member (past) - Disney Recycling Management Committee Bachelor of Science degree - Graphic Design College of Design, Art & Architecture, University of Cincinnati, Cincinnati, Ohio 40 c11% Ul S]F)3ASTj,4N HOME OF PELICAN ISLAND May 15, 2025 Contact: City Clerk's Office 388-8215 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE The City of Sebastian is seeking applicants to fill the following expired term on the Parks and Recreation Advisory Committee: One Regular Member Position — New Term will Expire May 31, 2028 This board provides recommendations to City Council as to the development of the park system and provisions of active recreation programs and facilities. The board meets on the fourth Monday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. This is a volunteer position and applicants must have been a City resident one year prior to application. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted until June 2, 2025. Un 3 41 PARKS & RECREATION ADVISORY COMMITTEE Ordinance No 0-07-07 MEMBER NAME /ADDRESS Dante Renzi 1149 W. Lakeview Drive Sebastian, FL 32958 (772) 571-5891 Wackvsrulel Ca)aol.com Richard Mauro 114 Salazar Lane Sebastian, FL 32958 (815) 218-9150 Rm61114 a(Dgmail. com Vicki Drumheller — Chair 349 Joy Haven Drive Sebastian, FL 32958 (772)713-7273 Vicki.drumhellerrn d( gmail.com JoAnn Webster - Vice Chair 765 Wentworth Street Sebastian, FL 32958 (772) 633-8502 webstersnorth(aDaol.com JoAnne White 449 Easy Street Sebastian, FL 32958 766-2501 wfloridateam(agmail.com Paul Halleran — Alt Member 925 Greenbrier Avenue Sebastian, FL 32958 (781)635-3740 Phalleran59(a)gmail.com Grace Sheldon — Alt Member 750 S. Fischer Circle Sebastian, FL 32958 (651) 955-8158 Qcressv578 a(D.gmail.com TERMS Term to expire 5/31 /2025 Term to expire 5/31 /2027 Term to expire 5/31/2026 Term to expire 5/31/2026 Term to expire 5/31 /2027 Term to expire 5/31/2026 Term to expire 5/31 /2027 Three (3) regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. revised 1.9.2025 CITY OF SEBASTIAN V A F O � FPELICPIk, EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE June 9, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jim Mann, Principal Planner First Reading on Ordinance 0-25-12 — Consideration of a Land Development Code Textual Amendment to Modifythe Townhouse Dimensional Regulations within SUBJECT the RM-8 and RM-10 Zoning Districts, and to Set the Date for Second Reading/Adoption Quasi -Legislative Public Hearing on June 25, 2025 City of Sebastian Planning Division Staff is requesting City Council consideration of a Land Development Code (LDC) textual amendment in order to amend the Townhouse Dimensional Regulations within the RM-8 (Residential Multi -family, 8 units per acre), and RM-io (Residential Multi -family, io units per acre) zoning districts. In zoos, the RM-8 zoning district added townhouse dimensional regulationsto establish criteria needed to allow townhouses to be developed in the multi -family districts. In 2021, with the adoption of the 2040 Comprehensive Plan, a new zoning district, RM-io, was established in order to be in compliance with the increased density adopted for the Medium Density Residential land use category. Recently, Staff researched multiple similar municipalities for dimensional criteria and determined that the average lot width and depth for townhomes lots were smaller than what is currently required by the City's LDC. On average, the lot width ranged from 15 feet to 22 feet for the other jurisdictions. This proposed amendment would include narrowing the City's lot width requirement from 25 feet to 20 feet and another to lengthen the lot depth from 75 feet to go feet. This amendment would propose a lot square footage requirement of 1800 square feet. Currently, 1875 square feet is required for both zoning districts. Staff believes the proposed changes to these dimensional requirements will make the City's regulations more adaptable to the current housing market and townhouse design standards, and supports the proposed amendments to the LDC. Ordinance 0-25-12 is being presented for City Council's consideration. Section 54-1-2.7(b)(4) of the Land Development Code states that the City Council shall consider the following criteria in its review of a proposed textual amendment: Consistencv with plan. Whether the proposal is consistent with the comprehensive plan. The commission shall identify any inconsistencies. b. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. 43 C. Chanaed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. d. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. e. Adeauate Public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. f. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. g. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. h. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. Public interest; enablina act. Whetherthe proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. Other matters. Other matters which the planning and zoning commission may deem appropriate. The City of Sebastian's Local Planning Agency held a public hearing on May 15th, 2025, determining that the proposed Ordinance is in compliance with the above criteria, and forwarded a unanimous recommendation that City Council approve Ordinance 0-25-12. (A copy of the meeting minutes are attached) RECOMMENDATION Hold first reading on Ordinance 0-25-12. If approved, schedule second reading and quasi -legislative public hearing for June 25, 2025. ATTACHMENTS: 1. Ordinance No. 0-25-12 —Townhouse Dimensional Regulations Amendment 2. Comprehensive Plan 2040 -Data Inventory and Analysis— Housing 3. Local Planning Agency Minutes -May 15th, 2025 4. Business Impact Analysis Form FUNDING SOURCE: Expenditure required Amount Budgeted: Funding source N/A N/A N/A Additional Funds Needed: s o.00 44 ORDINANCE NO. 0-25-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REVISES LAND DEVELOPMENT CODE ARTICLE V, ZONING DISTRICT REGULATIONS, BY AMENDING THE TOWNHOUSE DIMENSIONAL REGULATIONS WITHIN THE RM-8 (MEDIUM DENSITY MULTIPLE - FAMILY RESIDENTIAL, 8 DU/AC) AND RM-10 (MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL, 10 DU/AC) ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian City Council is cognizant of the need for developers to evolve their housing types and designs over time in order for construction to be financially feasible within the economy, while still being able to offer consumers a viable product; and WHEREAS, the Sebastian City Council recognizes that its Townhouse Dimensional Regulations within the Land Development Code is outdated with current design standards, and may be prohibitive in attracting developers to build multi -family housing projects within the City; and WHEREAS, the Data Inventory and Analysis for the Housing Element of the City of Sebastian's Comprehensive Plan 2040 indicates that the number of existing multi -family units and overall percentage of this housing type is considerably below the targeted amount the city wishes to offer its residents; and WHEREAS, in accordance with Florida Statutes §163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted Comprehensive Plan; and WHEREAS, the Sebastian City Council hereby finds that it is in the public interest to amend and update certain provisions of the Land Development Code of the City of Sebastian regarding Townhouse Dimensional Regulations which will then allow current multi -family housing types to be feasible for developers and residents; and WHEREAS, the Local Planning Agency of the City of Sebastian held a public hearing on May 15, 2025, and made a recommendation to the Sebastian City Council to approve Ordinance 0-25-12. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: Sec. 54-2-5.2.4. Medium Density Multiple -Family District (RM-8) (a) Intent: The RM-8 District is established to implement comprehensive plan policies for managing primarily duplex and multiple -family developments on land designated for medium density residential development. 1 45 (e) Dimensional regulations (for townhouse development): (1) Maximum density: Shall not exceed eight units per acre on overall site. Individual lots (units) shall not exceed eight units per primary building or structure.* *For sites of record containing a higher density, the designated comprehensive plan density shall apply. (2) Maximum height: 35 feet (25 feet for properties east of Indian River Drive). (3) Lot coverage and open space: Maximum building coverage: 40% Maximum impervious surface: 60% (4) Lot dimensions: Minimum lot size (prior to platting): 1 acre Minimum open space: 40% Minimum interior lot size within a site: '�1,800 square feet Minimum interior lot width: 2-520 feet Minimum interior lot depth: 7390 feet (5) Minimum setbacks: All development must comply with requirements for setbacks from wetlands and open waters established in section 54-3-11.1(c). Yard Setbacks Front 25 Rear 20 Side -95 Side (interior) between buildings 4-520 (6) Minimum living area: 900 square feet (7) Required garages: Every townhouse unit shall be required to provide a garage. The garage or carport shall have a minimum interior clear dimension of ten10 feet wide by 20 feet (depth). (8) Special regulations: a. Access. All dwelling units shall have access to a public street either directly or indirectly via an approach, private road, or other area dedicated to public or private use or common easement guaranteeing access. The city shall be allowed access on privately owned roads, easements, and common open space to ensure police and fire protection of the area meet emergency needs, conduct city services and generally ensure the health and safety of the residents of the development. b. Unified control. Title to all land within a proposed site shall be owned or controlled by the developer/owner submitting the applications for the development. For purposes of this section, the term "controlled by" shall mean that the developer shall have the written consent of all owners of the property within the proposed site not owned by the developer. The consent shall contain a notarized statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this section and that the owners shall agree to be bound by the decision of the city council if the application is approved. 2 46 c. Development standards. The minimum construction requirements for streets or roads, sidewalks, utilities, and drainage shall be in compliance with city standards. d. Common open space. All privately owned common open space shall conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Such deed restrictions shall run with the land and for the benefit of present as well as future property owners and shall contain a prohibition against partition. All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. The developer shall establish an association or nonprofit corporation of all individuals or corporations owning properties within the development to ensure maintenance of all common open space. The association or nonprofit corporation shall conform to the following requirements: 1. The developer shall establish the association or nonprofit corporation prior to sale of any lots. Control of all common open space and recreation facilities shall be passed to the association upon sale or transfer of 90 percent or more of the residential units. 2. Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the development, and such association or corporation shall not discriminate in its members or shareholders. 3. The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities, that are not dedicated to the public; shall provide for the maintenance, administration and operation of such land and any other land within the development not publicly or privately owned; and shall secure adequate liability insurance on the land. The title to all residential property owners shall include an undivided fee simple estate in all common open space or an unrestricted easement for the use and enjoyment of the common open space. Amendment 2: Sec. 54-2-5.2.4A. Medium Density Multiple -Family Residential District (RM-10) (a) Intent: The RM-10 District is established to implement comprehensive plan policies for managing primarily duplex and multiple -family developments on land designated as medium density residential development. The intent of the standards within this section is to encourage diverse housing options and housing types. (d) Dimensional regulations: RESIDENTIAL Detached Attached Lot area (min) 4,500 sq. ft. 1,,87 il,800 sq. ft. Lot depth (min) 100 ft. 7-590 ft. Lot width (min) 45 ft. 2-520 ft. Building coverage (max) 45% 60% Impervious surface (max) 60% 70% Open space (min) 30% 30% Base density (max) 10 du/ac 10 du/ac Front (min) 251 ft. 25' ft. 47 Rear (min) 20 ft. Side (min) (interior) 52 ft. (1 story) / 10 ft. (2 story) Building height (max) 35 ft. 35 ft. i Front setbacks may be reduced to 15 feet if a common parking area/lot is used in lieu of driveway or similar off-street parking spaces 2 Subject to meeting applicable Florida Building Code/Fire Code requirements Minimum living area: Single-family dwellings: The minimum floor area required for a detached single-family dwelling, exclusive of porches, terraces, attached garages, carports or other unenclosed areas, shall be 900 square feet. Duplex dwellings: 700 square feet per unit. Multiple family dwellings: REQUIRED MINIMUM LIVING AREA IN MULTIPLE -FAMILY DWELLINGS Type Dwelling/# Bedrooms Required # of Square Feet Efficiencies/Tiny Home 500 One -bedroom units 600 Two -bedroom units 750 Three -bedroom units 900 Each additional bedroom after three bedrooms 100 sq. ft. per additional bedroom Maximum unit size 1400 (e) Density calculations. Single-family dwellings: For the purpose of density calculations each single-family dwelling unit counts for one dwelling unit. Multiple family dwellings: For the purpose of density calculations dwelling units within a multiple - family development or a duplex that have a habitable space less than or equal to 600 square feet shall be calculated as 0.5 (half) dwelling unit. (f) Parking. Parking shall be provided consistent with section 54-3-15.2 and may be provided via off- street parking, garage and or surface parking. (g) Special regulations: (1) Access. All dwelling units shall have access to a public street either directly or indirectly via an approach, private road, or other area dedicated to public or private use or common easement guaranteeing access. The city shall be allowed access on privately owned roads, easements, and common open space to ensure police and fire protection of the area meet emergency needs, conduct city services and generally ensure the health and safety of the residents of the development. (2) Unified control. Title to all land within a proposed site shall be owned or controlled by the developer/owner submitting the applications for the development. For purposes of this section, the term "controlled by" shall mean that the developer shall have the written consent of all owners of the property within the proposed site not owned by the developer. The consent shall contain a notarized statement that the developer is authorized to represent the owners in the 4 48 submission of an application under the provisions of this section and that the owners shall agree to be bound by the decision of the city council if the application is approved. (3) Development standards. The minimum construction requirements for streets or roads, sidewalks, utilities, and drainage shall be in compliance with city standards. (4) Common open space. All privately owned common open space shall conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Such deed restrictions shall run with the land and for the benefit of present as well as future property owners and shall contain a prohibition against partition. All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. The developer shall establish an association or nonprofit corporation of all individuals or corporations owning properties within the development to ensure maintenance of all common open space. The association or nonprofit corporation shall conform to the following requirements: 1. The developer shall establish the association or nonprofit corporation prior to sale of any lots. Control of all common open space and recreation facilities shall be passed to the association upon sale or transfer of 90 percent or more of the residential units. 2. Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the development, and such association or corporation shall not discriminate in its members or shareholders. 3. The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities, that are not dedicated to the public; shall provide for the maintenance, administration and operation of such land and any other land within the development not publicly or privately owned; and shall secure adequate liability insurance on the land. The title to all residential property owners shall include an undivided fee simple estate in all common open space or an unrestricted easement for the use and enjoyment of the common open space. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the Sebastian City Council did not intend to enact such invalid provision. It shall further be assumed that the Sebastian City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Conflicts. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the Ordinance shall be codified within part of the City of Sebastian Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 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. 5 49 Section 6. 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 Bob McPartlan Vice Mayor Fred Jones Councilmember Ed Dodd Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of June, 2025. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA LOIN Bob McPartlan, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq., BCS City Attorney ri 50 DATA INVENTORY AND ANALYSIS Introduction Pursuant to the requirements of Chapter 163 of the 2019 Florida Statutes, the Housing Element consists of a data inventory and analysis (DIA) that influences the overarching goals, objectives, and policies that will guide housing development within the City of Sebastian. The City's housing trends and needs are evaluated in this analysis in order to ensure a proper mix of housing types are available to accommodate diverse housing needs achieve a livable community. Housing Inventory This section deals with the characteristics and conditions of the existing housing stock in the City. In order to compile this analysis, the primary sources of data include the U.S. Census Bureau and the American Community Survey (ACS). These specific resources were applied as they comprise some of the most current and accurate information available. Tables 3-1 through 3-16 of this section provide an inventory and comparison of housing characteristics for the City of Sebastian and Indian River County. Data appearing for Indian River County represents the entire county, including all unincorporated and incorporated areas as well as Sebastian. Dwelling Units by structure Type A comparison of dwelling units by structure type for the City of Sebastian when compared to Indian River County is displayed in Table 3-1. Single-family detached homes make up the majority of the inventoried housing units within Sebastian and Indian River County. Indian River County has a significantly higher percentage of multi- family housing than Sebastian. Table 3-1: Dwelling Units by Structure Single -Family Detached 9,665 87.0% 49,485 1 63.1 % Single -Family Attached 444 4.0% 4,731 6.0% Multi -Family 27 2.6%_ 17,958 22.9% Mobile Home 704 6.3% 6,205 7.9% Other (Boat, RV, Van, Etc.) 15 0.1 % 90 0.1 % Total 11,115 100% 78,469 100% Source: U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimates Adopted June 23, 2021 161 51 IV CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES MAY 15, 2025 Call to Order — Chair Kautenburg called the meeting to order at 6:00 p.m. Pledge of Allegiance -- was recited by all. Roll Call Present: Mr. Carter Ms. Kautenburg Mr. Reno (a) Absent: Ms. Lorusso — excused Mr. Roberts (a)— excused Ms. Kinchen — excused Also Present: Jennifer Cockcroft, City Attorney Dorri Bosworth, Community Development Manager Jim Mann, Principal Planner Joseph Perez, AV Technical Assistant Bridget Eakins, Recording Secretary Announcement and Aqenda Modifications Ms. Geesey Ms. Matthews Ms. Battles Ms. Kautenburg announced Commissioners Ms. Lorusso, Ms. Kinchen, and Mr. Roberts were excused from tonight's meeting and Mr. Reno will be voting in their place. V. Approval of Minutes — Regular Meeting of May 1, 2025 A motion accepting the minutes of the May 1, 2025 was made by Mr. Carter, seconded by Ms. Matthews and unanimously approved via voice vote. VI. Local Planning Aqencv (LPA) Public Hearinqs A. Public Hearing — Recommendation to City Council —Land Development Code Amendment— Ordinance 0-25-12 — Amending Article V, Zoning District Regulations, by amending the Townhouse Dimensional Regulations within the RM-8 and the RM-10 Zoning Districts The City Attorney read the title of the ordinance. The Principal Planner displayed a Power Point presentation for the amendment presented. The Principal Planner explained that this was a land development code text amendment related to the townhome dimensional regulations in the residential multifamily zoning district of eight units per acre, also known as RM-8, and the residential multifamily zoning district ten units per acre, also known as RM-10. The Principal Planner explained the history of the RM-8 and RM-10 regulations and said the recent trends within 52 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING MAY 15, 2025 the townhome regulations and submissions in our current RM-8 and RM-10 regulations seemed too restrictive for what has been proposed. He stated they have had applications come in and revised and advised some of the applicants what we would like to do to help them for the development of their projects. The Principal Planner went to the next slide which depicted their text amendment changes pictorially and he discussed the changes in RM-8 and RM-10. He proposed to reduce the lot width minimum from 25' to 20'; increase the lot depth minimum from 75' to 90', and change the lot size requirement from 1875 square feet to 1800 square feet. On the next slide, the Principal Planner explained the text amendment for RM-8 would only be for the RM-8 zoning district and this reduced the side setback from 10' to 5' and increased the distance requirements between the townhome buildings. He mentioned this could be a 2-plex, 6- plex or 4-plex to be whichever they designed from 15' to 20' to give a bigger buffer. He then displayed an example on the Power Point. Next slide the Principal Planner presented a table of the administrative corrections on RM-10 only, and explained staff observed some administrative items that did not happen with the original adoption of the RM-10. He reported there were some footnotes in the actual dimension regulation table which did not make it into the code, and the Power Point table displayed the corrections. The Principal Planner stated the recommendation from staff was for the City Council to approve, and the first reading of City Council would be June 11, 2025. He informed the Commissioners if they had any questions, to please ask. There was no public input. Ms. Kautenburg closed the hearing and she called for Commission deliberations and actions. Mr. Carter said he did not have any specific questions but had mixed feelings and questioned staff if this would be allowing for more density. The Principal Planner explained density would remain the same, and allow them to come in with a different dimensional size criteria to allow more affordability. He further explained the current 25' width lot and the 75' depth created a different dynamic of what a townhome design could be, and he believed with the deceased size or the width and length of it would possibly increase the affordability. Mr. Carter countered that if history was any indication, it would still be just as expensive and was concerned this will not lower prices for affordability. The Principal Planner replied that most of the regulations will remain the same within the zoning criteria and development criteria, the townhome models are becoming thinner and longer. He said staff's intention was to provide development within the city for density requirements, for multifamily comprehensive code or plan, and help the developers obtain the ability to develop townhomes. Community Development Manager offered the city increased medium density residential from 8 units per acre to 10 units per acre with the Comp Plan. She said if you are zoned in RM-8, you can still only have 8 units per acre and so, with the townhouse change yes, they are smaller. She also said it does accommodate mostly RM-10, where they will now have the ability to reach the 10 units per acre. The Community Development Manager described the circumstance of finding it hard to meet our dimensional regulations to bring townhouse projects in and agrees with Mr. Carter that the density does stay the same. Mr. Carter replied speaking on the intentions of the Board to get more affordable housing within the city and declared the citizens that work here cannot afford to live here. 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING MAY 15, 2025 PAGE 3 Ms. Geesey said she was usually not for making a lot smaller, or changing setbacks, but the change proposed does not seem extreme and she will always defer to staff. She questioned on Page two about the minimum living area not changing. The Principal Planner replied the living area was not changing. Ms. Geesey stated the square footage changing was not going to change the cost, and she was concerned that the change on the entire lot was going to not make the units more affordable. Mr. Reno asked staff what was used for municipality comparisons. The Community Development Manager provided the code the city adopted in 2001 was from Satellite Beach, and said staff used them as a comparison again. She added that Satellite Beach dropped theirs to 15' to 18' wide townhouses and they looked at Melbourne's model as well. She informed that Indian River County did not have specific dimensions on their lot width, and would just refer to density. She added Port St. Lucie or Stuart was another one, and they had read a great deal of codes which the majority did not have specific dimensions. Mr. Reno asked for the difference between a side setback and a side interior setback. The Principal Planner explained the side interior setback was basically the setback requirements in between the buildings themselves, and gave the example of wall to wall, and a side setback would be in the individual property line with the setback requirement for the property line. He then displayed it pictorially on the Power Point to Mr. Reno. Ms. Matthews said she has no comment. Ms. Battles stated she was in favor, and that it allows for flexibility and options for developers to come in and provide houses in the community. Ms. Kautenburg said she concurs with the panel and does not have any concerns. She believed the change was insignificant in reality, but the perceptions of the change were important A motion was made by Ms. Battles to recommend approval of the proposed Land Development Code amendment to Ordinance 0-25-12 —Article V. The motion was seconded by Mr. Geesey. Roll call: Mr. Carter-- yes Ms. Geesey-- yes Ms. Kautenburg-- yes Ms. Matthews-- yes Mr. Reno (a)-- yes Ms. Battles-- yes The motion carried with six affirmative votes. VII. Planning and Zoning (P&Z) Commission Quasi -Judicial Hearings - None VIII. Unfinished Business - None IX. New Business -None X. Adiourn There being no further business, the meeting was adjourned by Chair Kautenburg at 6:17p.m. 54 r� FPELICP� Business Impact Estimate Exemption This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. ORDINANCE NO. 0-25-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, WHICH REVISES LAND DEVELOPMENT CODE ARTICLE V. ZONING DISTRICT REGULATIONS, BY AMENDING THE TOWNHOUSE DIMENSIONAL REGULATIONS WITHIN THE RM-8 (MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL, 8 DU/AC) AND RM-10 (MEDIUM DENSITY MULTIPLE - FAMILY RESIDENTIAL, 10 DU/AC) ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with Florida Statute §166.041(4). If one or more boxes are checked below, this means the City of Sebastian is of the view that a business impact estimate is not required by state law, for the proposed ordinance, but the City of Sebastian is, nevertheless providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the municipal government. ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. A development order or development permit, as defined in s. 163.33.64, F.S.; a development agreement as authorized by ss. 163.322o-i63.3243, F.S.; or a 'See Section 166.041(4)(c), Florida Statutes. 55 comprehensive plan amendment or land development regulation amendment initiated by an application by a private party other than the municipality; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553-73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, City of Sebastian hereby publishes the following information: i. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): Townhouse dimensional regulations are being updated to reflect the current design standards and housing products developers wish to offer and construct. The general public welfare benefits from a community that is able to offer its residents a mix of housing types. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: The economic impact on developers and construction companies is estimated to be a beneficial one. (a) An estimate of direct compliance costs that businesses may reasonably incur; There will be no compliance costs directly attributed to the revised townhouse dimensional regulations (b) Any new charge or fee imposed by the proposed ordinance, or for which businesses will be financially responsible None (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. There are no new fees/cost or charges associated with this proposed ordinance. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Zero, as no businesses will be negatively impacted by the amendments 4. Additional information the governing body deems useful (if any): None 56 CITY OF SEBASTIAN A� V CITY COUNCIL STAFF REPORT DATE June 9, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeffrey Sabo, Airport Manager Consideration of Resolution No. R-25-19 to accept FAA X26-SOG-3-12-0145-022-2025 Grant Agreement SUBJECT _ Engineer & Design Terminal Apron Expansion, Giving Approval for City Manager to Execute EXECUTIVE SUMMARY Staff requests consideration of Resolution No. R-25-19, accepting FAA X26-SOG-3-12-0145- 022-2025 Grant Agreement, reflecting funds for the Engineering & Design Phase of the Terminal Apron Expansion at Sebastian Municipal Airport. RECOMMENDATION This FAA Grant will allow the airport to begin the Design process for enhancing and expanding the aircraft parking Apron at Sebastian Municipal Airport Terminal Building. The current Apron space and layout only allows secure parking for six aircraft. With strategic additions to the asphalt surface and a new layout, we will be able to double our available parking to 12 aircraft spaces. This Apron is a primary receiving area for transient aircraft and new arrivals, and is located adjacent to the airport fueling facility. The total Project cost for this Design Phase is $208,826: to be funded through two separate grants from the FAA at 95% and FDOT at 2.5%. The City's responsibility will also be 2.5%, $5,221. This Resolution will accept the FAA grant, X26- SOG-3-12-0145-022-2025 of $198,384. The FDOT grant was accepted at the February 12, 2025 meeting. ATTACHMENTS: 1. FAA Grant X26-SOG-3-12-0145-022-2025 2. R-25-19 3. FDOT PTGA FM448113-1-94-01 FUNDING SOURCE: Expenditure required No expenditure required as this is just the acceptance of the Grant Agreement Amount Budgeted: $225,000 in FY 24-25 Budget FDOT Grant 80% - $180,000 DST 20$ - $45,000 Funding source (Current) FAA 95% - $198,384 FDOT 2.5% - $5,221 DST 2.5% - $5,221 57 Additional Funds Needed: $ 0.00 58 MW1)IC1-111"041W U.S. Department Transportation f4alwof Federal Aviation Administration May 22, 2025 Mr. Jeff Sabo Airport Manager Sebastian Municipal Airport 202 Airport Drive East Sebastian, Florida 32958 Dear Mr. Sabo: Orlando Airports District Office: 8427 South Park Circle, Suite 524 Orlando, FL 32819 The Grant Offer for Infrastructure Investment and Jobs Act (IIJA) Airport Infrastructure Grant (AIG) Project No. 3-12-0145-022-2025 at Sebastian Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make anv modification to the text, terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than June 13, 2025. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 59 date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit pavment requests for reimbursement of allowable incurred project expenses consistent with proiect progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: ➢ For all grants, you must submit by December 315L of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). ➢ For non -construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. ➢ For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non -Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. William Farris, (407) 487-7232, bill.farris@faa.gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Juan C. Brown Manager 60 f 3 U.S. Department of Transportation Federal Aviation Administration Federal Award Offer Date Airport/Planning Area Airport Infrastructure Grant Number Unique Entity Identifier FY 2025 AIRPORT INFRASTRUCTURE GRANT GRANT AGREEMENT Part I - Offer May 22, 2025 Sebastian Municipal Airport 3-12-0145-022-2025 NXT9M769FC19 TO: City of Sebastian (herein called the "Sponsor") (For Co -Sponsors, list all Co -Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co -Sponsor.) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated March 20, 2025, for a grant of Federal funds for a project at or associated with the Sebastian Municipal Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Sebastian Municipal Airport (herein called the "Project") consisting of the following: Terminal Apron Expansion(1,027 Square Yards) — Design Only which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act(IIJA) (Public Law (P.L.) 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the 3 61 representations contained in the Project Application; and in consideration of (a) the Sponsor's adoption and ratification of the attached Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $198,384. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $198,384 for airport development or noise program implementation; and, $0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.0 § 47142(b). b. Budget Period: For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period and as stated in 49 U.S.0 § 47142(b). Eligible project -related costs incurred on or after November 15, 2021 that comply with all Federal funding procurement requirements and FAA standards are allowable costs. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which Sponsors are authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. 4 62 c. Close Out and Termination Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. (c) The Sponsor may request that the FAA terminate the agreement under this section. 3. Ineligible or Unallowable Costs. In accordance with P.L. 117-58, Division J, Title VIII, and 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 63 6. Completing the Proiect Without Delav and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, IIJA (P.L. 117-58), and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before June 13, 2025, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Iniurv. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. Svstem for Award Management (SAM) Registration and Unique Entitv Identifier (UEI). Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at htti3://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entitv-registration. 0 64 MW1)IC1-111"041W 12. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of IIJA Proiects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Pavment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buv American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buv American. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. 7 65 If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in IIJA (P.L. 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non - Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions with their contractors and sub -contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns it has entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Textine While Driving. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and 0 66 Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. 1. Posting of contact information. a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. 2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipients employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in person, including the following acts; a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. b. The FAA, may unilaterally terminate this Grant, or take any remedial actions authorized by 22 U.S.0 7104b(c), without penalty, if any private entity under this Grant; Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; 0 67 ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the recipient or subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non procurement)," as implemented by the FAA at 2 CFR Part 1200. 3. Provision applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.0 7104b(c), without penalty, if subrecipient than is a private entity under this award; i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General, immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraph (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78 and is addition to all other remedies for noncompliance that are available to the FAA under this Grant: c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. "Employee" means either: i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or requirements. b. "Private entity" means: 10 68 i. Any entity, including for profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 23. IIJA Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit "A" Propertv Map.. The Exhibit "A" Property Map dated November 2017, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)] and 2 CFR § 200.216. 27. Critical Infrastructure Securitv and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any 11 MW13C1-111"041ya.". amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre -Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require the FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that the FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, the FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at httr)s://www.congress.gov/bill/118th-congress/house-bill/3935/text 30. Applicable Federal Anti -Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the sponsor: a. Agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of 31 U.S.C. 3729(b)(4); and b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws. 31. Federal Law and Public Policv Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the 12 70 maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If the FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.0 chapter 471, any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the USDOT; suspension or termination of the award; or suspension and debarment under 2 CFR part 180; or (3) any other remedy legally available. c. In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards (31 CFR parts 900-904). 33. Sienaee Costs for Construction Proiects. The airport grant recipient hereby agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA-prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immieration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter 13 71 SPECIAL CONDITIONS 35. Buv American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 14 72 M f ��171 C 1-111"041ya.". The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Juan C. Brown Manager (Typed Name) (Title of FAA Official) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 15 73 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. 1 declare under penalty of perjury that the foregoing is true and correct.z Dated By: Title: City of Sebastian (Name of Sponsor) (Signature of Sponsor's Authorized Official) (Typed Name of Sponsor's Authorized Official) (Title of Sponsor's Authorized Official) z Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 74 CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated at By: (Signature of Sponsor's Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 75 MM13C1-111"W1ya.". ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Airport Sponsors Assurances Page 1 of 19 76 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.' c. Federal Fair Labor Standards Act — 29 U.S.C. § 201, et seq. d. Hatch Act — 5 U.S.C. § 1501, et seq.' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.1, z f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.' h. Native Americans Grave Repatriation Act — 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended — 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.1 I. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 — 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended — 42 U.S.C. § 4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act — 40 U.S.C. § 3701, et seq.1 u. Copeland Anti -kickback Act —18 U.S.C. § 874.1 v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.1 Airport Sponsors Assurances Page 2 of 19 77 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.z y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title Vill. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act — 16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended — 42 U.S.C. § 4541, et seq. hh. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990 — Protection of Wetlands b. Executive Order 11988 — Floodplain Management c. Executive Order 12372 — Intergovernmental Review of Federal Programs d. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 — Unleashing American Energy i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3,4,1 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. Airport Sponsors Assurances Page 3 of 19 78 d. 14 CFR Part 13 — Investigative and Enforcement Procedures. e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport Noise Compatibility Planning. g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5 —Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).' m. 49 CFR Part 20 — New Restrictions on Lobbying. n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs.', z q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41— Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) ' These laws do not apply to airport planning sponsors. z These laws do not apply to private sponsors. Airport Sponsors Assurances Page 4 of 19 79 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will 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, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere Airport Sponsors Assurances Page 5 of 19 80 with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Airport Sponsors Assurances Page 6 of 19 81 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program, and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. Airport Sponsors Assurances Page 7 of 19 'yj MVZOC1-111"011n". b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It 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 Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. Airport Sponsors Assurances Page S of 19 83 M f ��171 C 1-111"041ya.". b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. it will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19.Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, 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, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. Airport Sponsors Assurances Page 9 of 19 84 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. Airport Sponsors Assurances Page to of 19 85 f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor 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. i. The sponsor 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. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. Airport Sponsors Assurances Page 11 of 19 MP 25. Airport Revenues. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital 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 actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and Airport Sponsors Assurances Page 12 of 19 87 other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. The airport owner or operator will maintain a current airport layout plan of the airport showing: boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; Airport Sponsors Assurances Page 13 of 19 MM1301-111"M1ya.". 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; the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability Airport Sponsors Assurances Page 14 of 19 89 MM1301-111"M1ya.". 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The City of Sebastian, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award." e. Required Contract Provisions. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or Airport Sponsors Assurances Page 15 of 19 90 disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: Airport Sponsors Assurances Page 16 of 19 91 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (httr)s://www.faa.eov/sites/faa.gov/files/aii)-r)fc-checklist O.ndf) for AIP projects as of March 20, 2025. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. Airport Sponsors Assurances Page 17 of 19 -Y'A b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. Airport Sponsors Assurances Page 18 of 19 93 b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with 100-octane low lead aviation gasoline. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Airport Sponsors Assurances Page 19 of 19 94 RESOLUTION NO. R-25-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN FAA GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR FUNDING OF FAA X26-SOG-3-12-0145-022-2025 "ENGINEER & DESIGN TERMINAL APRON EXPANSION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the FAA has extended an FAA Grant Agreement X26-SOG-3-12-0145-022- 2025 in the amount of $198,384 for the engineering and design of the terminal apron expansion at Sebastian Municipal Airport, providing for 95% of the actual project cost, said project cost for the City of Sebastian is estimated to be $5,221 and WHEREAS, the City of Sebastian desires to begin the design phase and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said FAA Grant Agreement X26-SOG-3-12-0145-022-2025 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 95 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 Bob McPartlan Vice Mayor Fred Jones Council Member Ed Dodd Council Member Chris Nunn The Mayor thereupon declared this resolution duly passed and adopted the 9th day of June, 2025. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney �. Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 RESOLUTION NO. R-25-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF FM453357-1-94-01 "ENGINEER & DESIGN TERMINAL APRON EXPANSION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the FDOT has extended a Public Transportation Grant Agreement (PTGA) FM453357-1-94-01 in the amount of $5,750 for the engineering and design of the terminal apron expansion at Sebastian Municipal Airport, providing for 2.5% of the actual project cost, said project cost for the City of Sebastian is estimated to be $5,750 and WHEREAS, the City of Sebastian desires to begin the design phase and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BV THE COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said Public Transportation Grant Agreement #FM453357-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 97 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 The foregoing Resolution was moved for adoption by Council Member Nunn The motion was seconded by Council Member Jones and, upon put to a vote, the vote was as follows: Mayor Bob McPartlan ave Vice Mayor Fred Jones aye Council Member Ed Dodd aye Council Member Kelly Dixon absent Council Member Chris Nunn aye The Mayor thereupon declared this resolution duly passed and adopted the 121h day of February, 2025. ATTEST: eanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA 1 Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: en fer Cockcroft, City Attbmey Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item -segment -phase -sequence) 453357-1-94-01 Work Activity Code/Function: 215 Object Code: 740100 Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000427008 Contract Number: GJAu4 Federal Award Date: N/A CFDA Number: N/A Agency UEI Number: CFDA Title: N/A CSFA Number: N/A CSFA Title: N/A THIS PUBI-62/AftFPRWl(��l ESYRANT 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 Enaineer and Desian Terminal Apron Expansion, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports _ Transit _ Intermodal _ Rail Crossing Closure X Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X_ Exhibit E1: Prohibition Based on Health Care Choices Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) Page 1 of -- Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10124 X Exhibit F: Contract Payment Requirements *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *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, 2026. 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. 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. Page 2 100 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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. 9. Project Cost: a. The estimated total cost of the Project is $230,000. 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 $5,750 and, the Department's participation in the Project shall not exceed 2.50% 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 Page 3' — Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ10124 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. 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. Page 4 102 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10/24 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. 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." 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 Page 5 103 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10/24 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 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. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms Page 6 1 104 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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 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. 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. 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 Page 7 105 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC10124 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: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: I. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. III. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. I. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Page a 1 U6 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ 10124 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 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 FDOTS inaleAudit cDdot.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 (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to 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 end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. Page 9 1 107 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ10124 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 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSinqleAudit(@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: Page 10, ,- -- Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10/24 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 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. Ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinqleAudit(d�dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (Le., 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 FDOTSingleAudit(a)dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt4aud.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 Page 11 1109 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10/24 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. 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. 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: 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. Page 12 — Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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. 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. Projects with Non-profit Organizations. Pursuant to Section 216.1366. Florida Statutes, if the Agency is a nonprofit organization as defined in Section 215.97(2)(m), Florida Statutes, the Agency shall provide documentation to indicate the amount of state funds: I. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Agency ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Agency. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to Section 215.985, F.S., and must additionally be posted to the Agency's website, if the Agency is a non-profit organization and maintains a website. The Agency shall utilize the Department's Form 350-090-19, Compensation to Non - Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations. Pursuant to Section 216.1366, F.S., the term: iii. "Officer" means a chief executive officer, chief financial officer, chief operating officer, or any other position performing and equivalent function. iv. "Remuneration" means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, Page 13' 111 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ 10124 severance payments, incentive payments, contributions to a retirement plan or in -kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing and meals. v. "State Funds" means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the Federal Government and distributed by the state, or funds appropriated by the state fo distribution through any grant program. The term does not include funds used for the Medicaid program. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of 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. 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 Page 1411 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10/24 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 policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, 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 policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. Page 151 - _ _ Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10124 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 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. Page 16' - _ _ Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10/24 AGENCY Citv of Sebastian STATE OF FLORIgA,PEPARTMENT OF TRANSPORTATION ne oc �` By:k—'l �BY: DS �70�. �A,Inf, Lor '—A534C9FDF7964A5... Name: Brim Baitcn Name: John P. Krane, P.E. Title: City MNBgEr Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Signed by: 43DE66B3D38F464... Page 17 ( 115 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10/24 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)): Engineer and Design Terminal Apron Expansion 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. Page 18 1 - 116 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72"00.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc1Or24 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. Page 19 1 117 TA)Q AY E 1 �P Ae 1 � .R IEINFRASTRUCTURE CONSULTING & ENONEERING ,MUNIC PAI Al VIOR-1 Sebastian Municipal Airport Potent!al .Terminal Apron Expansion & Re Configure Page 20 of 39 00 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF 'FLUROA JLi Ali -I i ,WENT OF TRANSPORTATION Forth 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10124 EXHIBIT B Schedule of financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED Mak I GriiivG FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type e FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Descri tion Funding Amount 453357-1-94-01 DPTO 088719 2025 I 740100 N/A N/A $5,750.0 453357-1-94-01 FAA 088719 2025 740100 N/A N/A $218,500.00 453357-1-94-01 LF 088719 2025 740100 N/A N/A $5,750.00 Total Financial Assistance $230,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State Local Federal % % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.60 $0.00 I $0.00 $0.00 0 ..UU 0.00 I 0.00 _iviiii� ruiiiri.ral/design/ConstnictidA $a.b� $0.00 $0.00 $0.00 0.00 0.00 0.00 Capital Equipment/ Preventative $0.00 $0.00 $0.00 Moo I 0.00 0.00 0.00 Maintenance Match to Direct Federal Funding $5,750.00 ;a;,,"r 6b.Ur;l)21 ,500.00 I $230,000.00 2-50 I 2.50 95.00 Mobility Management $0.00 :oU.uu J k00 $U.UU U.u0 0.00 0.00 Transit Only)_ Totals $5,750.00 $5,750.00 $218,500.00 $230,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item ALI Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS RLQuikcO Id V1 :=-G i"rUN 216.3475, FLORIDA STATUTES: c erwy i.naL cne cost for eaicri, arse 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 concluswv-.:, , L shed. Laurie McDermott Department Grant Manager Name DocuSigned by: 02/19/2025 1 12:54 PM EST Sig natur 73135135160304Ea... Date Page 21 1 119 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT EXHIBITS OGC 10124 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. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Laurie McDermott (email: Laurie. mcdermott(a-.dot.state.tl.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. Page 22 ,� 2- Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10t24 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that maybe required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 23 1 121 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc+On4 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, Page 24 1 122 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10124 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. Page 25 c ' 23 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10124 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: Name: Date: Page 26' — Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC10/24 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 27 ( - - - Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10/24 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 Page 28 I 1 26 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10/24 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 Page 29 r127 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.ODO.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ 10124 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. Page 30 c ' 28 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10/24 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. Page 31 ' 29 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10/24 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. Page 32 c 130 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10124 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 Page 331 - _ _ Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ 10124 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). Page 34 c 1 32 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10124 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. Page 35 (1 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10/24 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. Page 36 < 1 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc1on4 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 - Page 37 1135 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10124 Exhibit E1 PROGRAM SPECIFIC TERMS AND CONDITIONS (Prohibition on Discrimination Based on Health Care Choices) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 339.08, F.S. and Section 381.00316, F.S. 2. Statutory Compliance. Pursuant to Section 339.08, F.S., the Department may not expend state funds to support a project or program of certain entities if the entity is found to be in violation of Section 381.00316, F.S. The Department shall withhold state funds until the entity is found to be in compliance with Section 381.00316, F.S. This shall apply to any of the following entities: a. A public transit provider as defined in s. 341.031(1), F.S.; b. An authority created pursuant to chapter 343, F.S., chapter 348, F.S., or chapter 349, F.S.; c. A public -use airport as defined in s. 332.004, F.S.; or d. A port listed in s. 311.09(1), F.S. - End of Exhibit E1 - Page 38 c 136 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc10124 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 htti)s://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExoenditures.pdf. Page 39 1 137 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 To: Laurie.McDermott@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G3A04 2/19/2025 CONTRACT INFORMATION Contract: Contract Type: Method of Procurement: Vendor Name: VendorlD: Beginning Date of This Agreement: Ending Date of This Agreement: Contract Total/Budgetary Ceiling: Description: G3A04 GD - GRANT DISBURSEMENT (GRANT) G - GOVERMENTAL AGENCY (287.057,F.S.) CITY OF SEBASTIAN F596000427008 03/03/2025 12/31 /2026 ct = $5,750.00 Engineer and design Terminal Apron Expansion FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 2/19/2025 Action: Original Reviewed or Approved: APPROVED Organization Code: 55042010429 Expansion Option: Al Object Code: 740100 Amount: $5,750.00 Financial Project: 45335719401 Work Activity (FCT): 215 CFDA: Fiscal Year: 2025 Budget Entity: 55100100 Category/Category Year: 088719/25 Amendment ID: 0001 Sequence: 00 User Assigned ID: Enc Line (6s)/Status: 0001/04 Total Amount: $5,750.00 Pagel of 1 138 CITY OF SEBASTIAN A� V OF 5 E Bqs �,I '92 = 4 0 5F 6F PIE: I Ir EXECUTIVE SUMMARY CITY COUNCIL STAFF REPORT DATE June 9, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeffrey Sabo, Airport Manager Consideration of CSA-15, Selecting Infrastructure Consulting & Engineering to Engineer & Design the Terminal Apron Expansion Project at Sebastian SUBJECT Municipal Airport in the amount of $204,826 and authorize the City Manager to Execute appropriate documentation Staff requests consideration of selecting Infrastructure Consulting & Engineering (ICE), a city - retained engineering firm, for Engineering and Design Services on the Terminal Apron Expansion Project at Sebastian Municipal Airport, under CSA-15. Authorize the City Manager to execute appropriate documents. RECOMMENDATION The FAA Grant X26-SOG-3-12-0145-022-2025 will now allow the airport to begin the Design process for enhancing and expanding the aircraft parking Apron at Sebastian Municipal Airport Terminal Building. The current Apron space and layout only allows secure parking for six aircraft. With strategic additions to the asphalt surface and a new layout, we will be able to double our available parking to 12 aircraft spaces. This Apron is a primary receiving area for transient aircraft and new arrivals, and is located adjacent to the airport fueling facility. This approval will authorize ICE to undertake the Design Phase of this project and prepare the FAA application seeking Construction Phase funding. Monies for these services are funded in the previously approved FAA & FDOT Grants covering 95% and 2.5% of the cost respectively, and the City covers 2.5% of the cost. ATTACHMENTS: 1. ICE Work Services Agreement CSA-15, with Scope of Work and Fees 2. FAA Grant X26-SOG-3-12-0145-022-2025 3. FDOT PTGA FM448113-1-94-01 FUNDING SOURCE: Expenditure required $204,826 Amount Budgeted: $225,000 in FY 24-25 Budget Funding source (Current) FAA 95% - $194,584 FDOT 2.5% - $5,121 139 FDOT Grant 80% - $180,000 DST 2.5% - $5,121 DST 20$ - $45,000 Additional Funds Needed: $ 0.00 140 CITY OF SIEPAST1,A� HOME OF PELICAN ISLAND TERMINAL APRON EXPANSION PROFESSIONAL ENGINEERING SERVICES 0]0 0 M INFRASTRUCTURE CONSULTING & ENGINEERING 5550 W. IDLEWILD AVENUE, SUITE 115, TAMPA, FL 33634 141 N d' CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Infrastructure Consulting and Engineering, Inc. (ICE) 5500 W. Idlewild Ave Suite 115, Tampa, FL 33634 Work Authorization No: CSA - # 15 Proiect Title: Construction Services for Terminal Apron Expansion IT IS AGREED to undertake the following work in accordance with the provisions of the Infrastructure Consulting & Engineering Master Agreement entitled "Non -Exclusive Agreement for Continuing Professional Engineering Consulting Services" Dated October 27, 2021, and amended on September 6`1, 2024. Description of Assignment: Infrastructure Consulting and Engineering will provide professional engineering services for the Expansion of the Terminal Apron at Sebastian Municipal Airport. This scope represents the design efforts for the expansion of the terminal apron to increase its capacity and improve pavement conditions. The work/project will include new pavement, installation of new tie -downs, and new light poles. The design will include FAA coordination and OE/AAA submittals, including CSPP. 1. Preliminary Planning N/A. 2. Permitting & Inspections FAA OE/AAA submittal including CSPP. 3. Contract Administration N/A 4. Vendor's Responsibility (include estimated hours, if applicable) Description 4.1 Construction Plans, Specifications, and Bidding Documents 4.2 Engineer's Report 5. Pricing Estimated Hours N/A N/A Description Quantity Contracted Unit Price TOTALS 5.1 Preliminary Planning N/A N/A N/A 5.2 FAA Permitting (OE/AAA submittal including CSPP) 1 Included in 5.4 Included in 5.4 5.3 Contract Administration N/A N/A I 5.4 Construction Plans, Specifications, and Bidding Documents 1 $204,825.77 $204,825.77 5.5 Engineer's Report 1 Included in 5.4 Included in 5.4 Deliverables Provided to the City (surveys, plans, etc.) Description Quantity a. 30% Plans, and Engineer's Report. 1 b. 60% Plans, and Engineer's Report. 1 c. 90% Plans, Specification, and Engineer's Report. 1 d. Final Plans, Specification, Bid Documents, and Engineer's Report. 1 Basic of Compensation/Period of Services: The above referenced description for CSA #15 will be performed for a lump sum fee in the amount of $204,825.77. AGREED: VENDOR6 i Date: Doug H�ambrecht Infrastructure Consulting & Engineering Attest: Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN: Date Brian Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only: Jennifer Cockcroft, City Attorney CITY OF 1E Sfj3ASTI_AN INFRASTRUCTURE CONSULTING & ENGINEERING HOME OF PELICAN ISLAND EXHIBIT "A" SCOPE OF WORK TERMINAL APRON EXPANSION SEBASTIAN MUNICIPAL AIRPORT PROJECT DESCRIPTION Infrastructure Consulting and Engineering will provide professional engineering services for the Expansion of the Terminal Apron at Sebastian Airport. This scope represents the design efforts for the development and expansion of the existing terminal apron to increase its capacity, improve pavement conditions, and conduct improvements to the site lighting. The existing terminal apron area includes approximately 31,975 square feet of pavement. The apron parking space at the Sebastian Municipal Airport is _ severely limited and will not accommodate the needs of future A traffic volumes. As a result of the severely limited terminal apron area and a substantial amount of transient activity that occurs, aircraft are often parked in grassed areas or alongside the Taxilane which leads to the terminal apron area. This arrangement can create congestion and also makes it difficult for transient and based aircraft to access the self-service fuel facilities. The expansion project is a practical solution to the airport's current limitations and a necessary step to ensure that the airport is prepared for future growth. These additional parking I ,. _ _ ..•~ w+►—�`` spaces will help improve safety, avoid congestion, reduce delays, and ultimately contribute to a more efficient and effective airport operation. The analysis revealed that the existing apron should currently be 39,172 SF which means that it is already about 7,197 square feet less than is needed to accommodate the airport's current peak -hour traffic needs. According to the forecast, this deficit continues to increase year -over -year until a shortfall of approximately 9,239 square feet is needed by 2034. The expansion will thereby enhance the overall airport experience. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 1 of 7 143 1E INFRASTRUCTURE CONSULTING & ENGINEERING Phase 1— 30% Plans: CITY OF S EB�'STI�N HOME OF PELICAN ISLAND ICE proposes to perform a structural and functional evaluation of the apron pavement to assess the condition of the pavement and determine if it requires additional structural overlay. ICE proposes to perform a combination of nondestructive testing (NDT) and coring for a cost-effective and comprehensive evaluation of the pavement. This preliminary engineering phase is intended to identify the cause of the pavement structure deficiencies and provide different engineering & construction alternatives for the Terminal Apron Expansion and includes various studies which generally will include Existing Pavement Structure strength evaluation, evaluation of pavement failures, determination of rehabilitation alternatives, cost analysis for the rehabilitation alternatives. Preliminary Engineering activities include: 1. Perform Site Visits in order to assess existing pavement and subgrade conditions including the identification of all surface and subsurface deficiencies contributing to the pavement's poor performance. a. Ground Penetrating Radar (GPR). GPR provides continuous measurement of pavement thickness at highway speed (ASTM D6087). b. Coring. Core samples are proposed to be extracted from the pavement at selected areas to examine the condition of the pavement layers as well as debonding between the layers. Core results will also be used to verify the GPR data. c. Borings shall be approximately 15' deep. Cores shall be only to the bottom of the pavement in order to define the existing pavement section, with a frequency of one per 10,000 sf per FAA's "AC 15/5320-6G, Airport Pavement Design and Evaluation". A report will be generated in order to analyze and describe all materials encountered, with identification of pavement failures and pavement recommendations. d. Perform borings to obtain the permeability rates at 1'-4' and 7'-9' depths below the grade. 2. Develop an AutoCAD drawing from DTM survey for use in modeling the Apron Expansion. 3. Obtain and review any available historical documents: construction documents, as-builts from previous projects to determine existing pavement structure. 4. Analyze the existing pavement section. 5. Evaluation of apron pavement based on geotechnical investigation above. 6. Drainage Evaluation. 7. SJRWMD Pre -Application Meeting. 8. Incorporate results into the Preliminary Engineering Report. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 2 of 7 144 1E INFRASTRUCTURE CONSULTING & ENGINEERING CITY OF S EB�'STI�N HOME OF PELICAN ISLAND 9. Complete the Preliminary Engineering Report including the various study elements: a. Project Narrative. b. Topographical survey. c. Geotechnical investigation. d. Existing Soil and Pavement Strength Evaluation. e. Design alternatives. f. Drainage Evaluation. g. Conduct construction cost estimates. h. Provide recommendations for preferred construction methods. 10. Conduct in-house Quality Review for acceptable design practices and constructability. 11. Attend the Pre -design Conference and review findings and discuss recommendations with airport personnel and FDOT/FAA as required. 12. Coordinate with the Airport Staff to optimize available construction monies and minimize the impacts in day-to-day operations of the airport. 13. Develop Projected Project Budgets. Phase 1 services will involve preliminary design and the production of 30% Plans. The design considerations shall include: • Geotechnical Investigation, • Field Survey, • General Coordination with Airport Staff, • Pavement Design/Analysis, • Drainage Analysis, • Horizontal and Vertical Geometries, • Preliminary Cost Estimates, • Engineer's Report, The Consultant will prepare a revised Construction Cost Estimate, a 30% Engineer's Report, and the Preliminary Plans, which will include: Cover Sheet Typical Sections Profile Sheets Project Layout Plan Staking and Demolition Plan Deliverables: Three (3) copies of the Preliminary Plans in 11 "XI 7"format and 30% Engineer's Report will be submitted to the CITYfor distribution to airport staff. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 3 of 7 145 1E INFRASTRUCTURE CONSULTING & ENGINEERING Phase 2 — 60% Plans CITY OF S EB�'STI�N HOME OF PELICAN ISLAND The Consultant shall address any changes requested by the airport at the 30% Review Meeting in this Phase. Upon issuance of the Notice to Proceed, the Consultant will proceed with the 60% Plans to include the following: • Site Electrical Design, Wire Sizing, Load Cables, • General Coordination, • Preliminary Drainage & Grading, • OE/AAA submittal, • Construction Safety and Phasing Plan, • Updated Cost Estimates, • Engineer's Report. The Consultant will prepare a revised Construction Cost Estimate, a 60% Engineer's Report, and the 60% Plans, which will include: Cover Sheet Typical Sections General Notes Preliminary Grading Plans Marking Plan Project Layout Plan Safety Plan Staking and Demolition Plan Profile Sheets Electrical Plans The Consultant will meet with the City to review the Plans, Specifications, and the Engineer's Report to verify that all concerns, issues, and potential conflicts are addressed prior to proceeding with 90% Construction Documents. Deliverables: Three (3) copies of the 60% Plans in 11 "X17 "format and 60% Engineer's Report will be submitted to the CITYfor distribution to airport staff. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 4 of 7 146 1E INFRASTRUCTURE CONSULTING & ENGINEERING Phase 3 — 90% Plans CITY OF S EB�'STI�N HOME OF PELICAN ISLAND The Consultant shall address any changes requested by the airport at the 60% Review Meeting in this Phase. Upon issuance of the Notice to Proceed, the Consultant will proceed with the 90% Plans to include the following: • Preliminary Front End Documents, • Preliminary Technical Specifications, • Final Grading & Drainage Design, • Submittal of SJRWMD Permit Application, • Construction Notes, • Cost Estimates, • Engineer's Report. The Consultant will prepare a revised Construction Cost Estimate, a 90% Engineer's Report, and the 90% Plans, which will include: Cover Sheet Typical Sections Construction Notes General Notes Signing and Marking Plans Erosion Control Plans Project Layout Plan Safety Plan Staking and Demolition Plan Grading and Drainage Plans Electrical Plans Miscellaneous Details The Consultant will meet with the CITY to review the Plans, Specifications, and the Engineer's report to verify that all concerns, issues, and potential conflicts are addressed prior to proceeding with Final Construction Documents. Deliverables: Three (3) copies of the 90% Plans in 11 "x17 "format, a draft set of specifications and front end documents, and 90% Engineer's Report will be submitted to the CITYfor distribution to airport staff. A copy will also be sent to the FAA, and FDOT for review and comment. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 5 of 7 147 1E INFRASTRUCTURE CONSULTING & ENGINEERING Phase 4 — Final Contract Documents CITY OF S EB�'STI�N HOME OF PELICAN ISLAND The Consultant shall address minor changes to the plans and any comments from City Procurement for the bidding documents, and then proceed with the 100% Plans to include the following: • Incorporate City Comments, • Incorporate Permitting Comments, • Final Plans, • Final Technical Specifications, • General Provisions/Supplementary Conditions, • Final Quantities and • Final Front End Bidding Documents. The Consultant will prepare a Final Construction Cost Estimate, a 100% Engineer's Report, Bidding Documents and the Final Plans. Deliverables): Three (3) copies of the 100% Plans in 11 ' x17' format, the final Engineer's Report and Contract Documents will be submitted to the CITYfor distribution to airport staff, A copy will also be sent to the FAA, and FDOT for their files. Two full sized sets (22' x34') of signed and sealed plans will be submitted for CITY records. Other Provisions a) The CITY will pay all costs associated with any permit application and/or impact fees. b) Any mitigation of wetlands, impacts to threatened and endangered species, or other environmental efforts beyond the scope of the Focused EA will be performed under separate agreement. c) One complete signed and sealed set of plans shall be delivered. This complete design shall be modified to create one set of "Phase 1" bid documents for bidding purposes. Future phased construction sets and bidding phase services shall be packaged under a separate scope and fee. d) No bidding and construction phase services are included in this proposal. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 6 of 7 148 CITY OF 1E Sf)3AST1 L A INFRASMUCTURE �i --- CONSULTING & ENGINEERING HOME OF PELICAN ISLAND PROJECTED PROJECT SCHEDULE PESIGN PHASE SERVICES Task Duration Phase 1— 30% Plans 60 Days Phase 2 — 60% Plans 30 Days Phase 3 — 90% Plans 30 Days Phase 4 — Final Contract Documents 30 Days TOTAL PROJECT DESIGN DURATION 150 days * Contingent on owners review time) Phase Major Activities 2025 2026 ork 1 1 I A 5 1 O N D J F M Noticeto Proceed Survey/ Geotech 1 ' . Design-��------- ..', Design 90% Design Obtain Permit Design PROJECT SCHEDULE SEBASTIAN MUNICIPAL AIRPORT (X26) TERMINAL APRON EXPANSION- DESIGN FEE Please see the associated detailed fee proposal. Scope of Services and Fee Proposal Sebastian Airport Terminal Apron Expansion Page 7 of 7 149 EXHIBIT "B" CITY OF Manhour and Fee Estimate SF$AsTI-AN 1E Terminal Apron Expansion _ Sebastian Municipal Airport HOME OF PELICAN ISLAND INFRAMUCTURE Summary CONSULTING & FNGINEERING PHASE 1 PHASE 2 PHASE 3 PHASE 4 TOTAL Final 30% Plans 60% Plans 90% Plans Contract Documents CLASSIFICATION RATES HOURS HOURS HOURS HOURS HOURS Principal $255.00 4 1 2 4 11 Sr. Project Manager $220.00 28 22 40 28 118 Senior Engineer $200.00 18 12 38 28 96 Engineer $170.00 33 39 53 46 171 Sr. Designer $140.00 16 98 44 16 174 Technician $90.00 79 104 86 56 325 Administrative $70.00 16 9 16 16 57 TOTAL HOURS 194 285 279 194 952 TASK COST $26,860.00 $37,835.00 $40,940.00 $29,000.00 $134,635.00 DIRECT EXPENSES Reproduction $500.00 $600.00 $750.00 $750.00 $2,600.00 Postage $75.00 $75.00 $75.00 $75.00 $300.00 TOTAL EXPENSES $575.00 $675.00 $825.00 $825.00 $2,900.00 SUBCONSULTANTS Survey $11750.00 $11, 750.00 Geotechnica/ Investigation $10, 750.00 $10, 750.00 Ground Penetration Radar (GPR) $2,500.00 $2,500.00 Drainage Design Services $2, 875.00 $2, 875.00 $2, 875.00 $2, 875.00 $11, 500.00 Electrical Services $2,461.28 $10, 054.25 $10, 594.37 $7, 680.87 $30, 790.77 TOTAL SUBCONSULTANTS $30,336.28 $12,929.25 $13,469.37 $10,555.87 $67,290.77 ITOTAL COSTS $57,771.28 $51,439.25 $55,234.37 $40,380.87 $204,825.77 Method of Payment Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Page B-1 of B-5 150 EXHIBIT "B" Sebastian Municipal Airport Terminal Apron Expansion Phase 1 - 30% Design Plans MANHOUR AND FEE ESTIMATE Sr. Project Senior Administrative Total Item/Task Description Principal Manager Engineer Engineer Sr. Designer Technician Assistant Hours Coordination with Airport Staff 2 8 4 14 Project Kick -Off Meeting 4 4 Meeting with FAA 6 6 Coordination with Subconsultants 8 4 2 8 22 Review available as -built info 1 2 4 7 Pavement Design & Drainage Analysis 2 4 6 Evaluation of Existing Conditions 4 4 Generate Sections 2 2 8 8 20 Update the Construction Cost Estimate 1 2 2 5 Prepare 30% Plans Cover Sheet 1 1 2 Project Layout Plan 1 8 9 Typical Sections 1 2 16 19 Staking and Demolition Plan 4 4 4 24 36 Section Sheets 2 2 2 16 22 30% Engineer's report 2 4 4 10 Quality Control Review 2 4 6 Plot 30% 11"07 plans (6 Copies) 2 2 Total Hours: 4 28 18 33 16 79 16 194 Page B-2 of B-5 151 EXHIBIT "B" Sebastian Municipal Airport Item/Task Description Coordination with Airport Subconsultant Coordination Prepare for Review Meeting, Attendance, Minutes Preliminary Design Process Survey DTM Profile Pavement Geometry Preliminary Grading & Drainage Design Review Preliminary Lighting Cost Estimate Prepare 60% Plans General Notes Staking and Demolition Plan Profile Sheets Preliminary Grading Plans Preliminary SWPP plans Preliminary Cross Sections 60% Engineer's Report Quality Review Plot 60% 11"07" Plans Total Hours: Terminal Apron Expansion Phase 2 - 60% Design Plans MANHOUR AND FEE ESTIMATE Sr. Project Senior Technical Total Principal MapaoRr Engineer Engineer Sr. Designer Technician Assistant Hours 4 1 5 4 4 2 10 4 4 2 10 4 4 4 4 16 16 16 5 4 16 25 2 2 8 4 16 3 3 2 4 8 8 22 1 4 6 11 8 8 16 16 16 32 16 16 32 2 2 16 20 6 16 8 30 2 4 4 10 1 4 4 9 2 2 1 22 12 39 98 104 9 285 Page B-3 of B-5 152 EXHIBIT "B" Sebastian Municipal Airport Item/Task Description Coordination with Airport Subconsultant Coordination Coordination with FAA and FDOT Prepare for Review Meeting, Attendance, Minutes Preliminary Technical Specifications Final Design Preliminary Front End Documents Preliminary Technical Specs Final Grading & Drainage Design Construction Notes Review Electrical Plans Quantities/ Cost Estimate Prepare 90% Plans Construction Safety and Phasing Plan Grading & Drainage Plans Erosion Control Plans Final Sections Marking & Signing Plans Miscellaneous Details 90% Engineer's Report Quality Review Plot 90% 11"07" Plans Total Hours: Terminal Apron Expansion Phase 3 - 90% Design Plans MANHOUR AND FEE ESTIMATE Sr. Project Senior Technical Total Principal Manager Engineer Engineer Sr. Designer Technician Assistant Hours 1 4 5 4 4 4 12 4 4 2 10 4 4 2 10 4 8 8 8 28 4 8 8 20 4 8 12 2 2 5 8 8 25 2 2 8 12 2 2 2 2 6 10 2 8 8 18 2 8 16 26 2 4 8 14 4 4 8 16 2 2 4 16 24 4 4 4 12 2 4 4 10 1 6 4 11 2 2 2 40 38 53 44 86 16 279 Page B-4 of B-5 153 EXHIBIT "B" Sebastian Municipal Airport Item/Task Description Coordination with Airport Coordination with sub -consultants Prepare for Review Meeting, Attendance, Minutes Finalize Plans Calculate Final Quantities Prepare and submit OE/AAA Address comments Finalize Technical Specifications Finalize Front End Docs Plot full size and 11 "x17" plans Prepare Final Engineer's report Terminal Apron Expansion Phase 4 - Final Contract Documents MANHOUR AND FEE ESTIMATE Sr. Project Senior Technical Principal Manager Engineer Engineer Sr. Designer Technician Assistant 4 4 4 4 4 2 Quality Review 4 Total Hours: 4 8 8 16 4 2 4 8 8 4 8 6 8 2 8 8 2 8 8 2 8 8 8 8 28 28 46 16 56 4 2 2 4 2 W Tota I Hours 4 8 10 32 6 20 30 20 20 10 20 14 194 Page B-5 of B-5 154 I:JSi VX93 C 1-1[0WW1W U.S. Department Transportation IC44Aof Federal Aviation ,hWw Administration May 22, 2025 Mr. Jeff Sabo Airport Manager Sebastian Municipal Airport 202 Airport Drive East Sebastian, Florida 32958 Dear Mr. Sabo: Orlando Airports District Office: 8427 South Park Circle, Suite 524 Orlando, FL 32819 The Grant Offer for Infrastructure Investment and Jobs Act (IIJA) Airport Infrastructure Grant (AIG) Project No. 3-12-0145-022-2025 at Sebastian Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make anv modification to the text, terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than June 13, 2025. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 155 date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit pavment requests for reimbursement of allowable incurred project expenses consistent with proiect progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: ➢ For all grants, you must submit by December 315L of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). ➢ For non -construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. ➢ For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non -Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. William Farris, (407) 487-7232, bill.farris@faa.gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Juan C. Brown Manager 156 i:� ��11f Cl.�Iy��►Z17��.". U.S. Department of Transportation Federal Aviation Administration Federal Award Offer Date Airport/Planning Area Airport Infrastructure Grant Number Unique Entity Identifier FY 2025 AIRPORT INFRASTRUCTURE GRANT GRANT AGREEMENT Part I - Offer May 22, 2025 Sebastian Municipal Airport 3-12-0145-022-2025 NXT9M769FC19 TO: City of Sebastian (herein called the "Sponsor") (For Co -Sponsors, list all Co -Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co -Sponsor.) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated March 20, 2025, for a grant of Federal funds for a project at or associated with the Sebastian Municipal Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Sebastian Municipal Airport (herein called the "Project") consisting of the following: Terminal Apron Expansion(1,027 Square Yards) — Design Only which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act(IIJA) (Public Law (P.L.) 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the 3 157 i:� ��I� C l.�Iy��►ZIJ��.". representations contained in the Project Application; and in consideration of (a) the Sponsor's adoption and ratification of the attached Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $198,384. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $198,384 for airport development or noise program implementation; and, $0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.0 § 47142(b). b. Budget Period: For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period and as stated in 49 U.S.0 § 47142(b). Eligible project -related costs incurred on or after November 15, 2021 that comply with all Federal funding procurement requirements and FAA standards are allowable costs. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which Sponsors are authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. 4 158 MMIJICl.IK111 MIM c. Close Out and Termination Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. (c) The Sponsor may request that the FAA terminate the agreement under this section. 3. Ineligible or Unallowable Costs. In accordance with P.L. 117-58, Division J, Title VIII, and 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 159 i:� ��11f Cl.�Iy��►Z17��.". 6. Completing the Proiect Without Delav and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, IIJA (P.L. 117-58), and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before June 13, 2025, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Iniurv. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. Svstem for Award Management (SAM) Registration and Unique Entitv Identifier (UEI). Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at htti3://www.sam.Rov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entitv-registration. M 160 M VX1)I C 1-1[0WWIW 12. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of IIJA Proiects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Pavment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buv American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buv American. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. 7 161 If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in IIJA (P.L. 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non - Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions with their contractors and sub -contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns it has entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Textine While Driving. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and 0 162 MMIJCRIKOWMIM Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. 1. Posting of contact information. a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. 2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipients employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of commercial sex act during the period of time that the grantor cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in person, including the following acts; a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. b. The FAA, may unilaterally terminate this Grant, or take any remedial actions authorized by 22 U.S.0 7104b(c), without penalty, if any private entity under this Grant; Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; 163 MMIJICl.IKIMMIM ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the recipient or subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non procurement)," as implemented by the FAA at 2 CFR Part 1200. 3. Provision applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.0 7104b(c), without penalty, if subrecipient than is a private entity under this award; i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General, immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraph (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78 and is addition to all other remedies for noncompliance that are available to the FAA under this Grant: c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. "Employee" means either: i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or requirements. b. "Private entity" means: 10 164 i. Any entity, including for profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 23. IIJA Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit "A" Propertv Map.. The Exhibit "A" Property Map dated November 2017, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)] and 2 CFR § 200.216. 27. Critical Infrastructure Securitv and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any 11 165 MfVXIJIC1-1[0WW1W amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre -Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require the FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that the FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, the FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at https://www.congress.gov/bill/118th-congress/house-bill/3935/text 30. Applicable Federal Anti -Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the sponsor: a. Agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of 31 U.S.C. 3729(b)(4); and b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws. 31. Federal Law and Public Policv Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the 12 166 Mf 93C1-111MMIM maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If the FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.0 chapter 471, any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the USDOT; suspension or termination of the award; or suspension and debarment under 2 CFR part 180; or (3) any other remedy legally available. c. In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards (31 CFR parts 900-904). 33. Sienaee Costs for Construction Proiects. The airport grant recipient hereby agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA-prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immieration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter 13 167 SPECIAL CONDITIONS 35. Buv American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 14 168 MfWX171C1-1[0WW1W The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Juan C. Brown Manager (Typed Name) (Title of FAA Official) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 15 169 Mf 93C1-111MMIM Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 Dated By: Title: City of Sebastian (Name of Sponsor) (Signature of Sponsor's Authorized Official) (Typed Name of Sponsor's Authorized Official) (Title of Sponsor's Authorized Official) z Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 170 MM9 fC1-111MMIM CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated at By: (Signature of Sponsor's Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 171 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Airport Sponsors Assurances Page 1 of 19 172 i:� ��I� C l.�Iy��►Z17��.". C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.' c. Federal Fair Labor Standards Act — 29 U.S.C. § 201, et seq. d. Hatch Act — 5 U.S.C. § 1501, et seq? e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.' z f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.' h. Native Americans Grave Repatriation Act — 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended — 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.' I. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 — 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended — 42 U.S.C. § 4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.' t. Contract Work Hours and Safety Standards Act — 40 U.S.C. § 3701, et seq.' u. Copeland Anti -kickback Act — 18 U.S.C. § 874.' v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.' Airport Sponsors Assurances Page 2 of 19 173 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.2 y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title Vill. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act — 16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended — 42 U.S.C. § 4541, et seq. hh. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990 — Protection of Wetlands b. Executive Order 11988 — Floodplain Management c. Executive Order 12372 — Intergovernmental Review of Federal Programs d. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 — Unleashing American Energy i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3,4,1 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. Airport Sponsors Assurances Page 3 of 19 174 d. 14 CFR Part 13 — Investigative and Enforcement Procedures. e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport Noise Compatibility Planning. g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5 —Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).' m. 49 CFR Part 20 — New Restrictions on Lobbying. n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs.', z q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41— Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. Airport Sponsors Assurances Page 4 of 19 175 MMIJCMIKOWMIM 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. n Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will 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, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere Airport Sponsors Assurances Page 5 of 19 176 MMIJCRIKOWMIM with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Airport Sponsors Assurances Page 6 of 19 177 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program, and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. Airport Sponsors Assurances Page 7 of 19 178 b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It 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 Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. Airport Sponsors Assurances Page 8 of 19 179 M V%1J C 1-1[0WWIW b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19.Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, 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, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. Airport Sponsors Assurances Page 9 of 19 180 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. Airport Sponsors Assurances Page 10 of 19 181 MMIJICMIKOWMIM f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor 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. i. The sponsor 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. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. Airport Sponsors Assurances Page 11 of 19 182 Mf 93C1-111MMIM 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital 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 actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and Airport Sponsors Assurances Page 12 of 19 183 MMIJICRIKOWMIM other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. The airport owner or operator will maintain a current airport layout plan of the airport showing: boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; Airport Sponsors Assurances Page 13 of 19 184 M M11113 C l.�1111MMIM 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; the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability Airport Sponsors Assurances Page 14 of 19 185 MMIJCl.IKIMMIM 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The City of Sebastian, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award." e. Required Contract Provisions. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or Airport Sponsors Assurances Page 15 of 19 186 MMIJCMIKOWMIM disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: Airport Sponsors Assurances Page 16 of 19 187 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (httr)s://www.faa.eov/sites/faa.gov/files/aii)-r)fc-checklist O.ndf) for AIP projects as of March 20, 2025. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. Airport Sponsors Assurances Page 17 of 19 188 MMIJCl.IKIMMIM b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. Airport Sponsors Assurances Page 18 of 19 189 MMIJCRIKOWMIM b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with 100-octane low lead aviation gasoline. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Airport Sponsors Assurances Page 19 of 19 190 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 RESOLUTION NO. R-25-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF FM453357-1-94-01 "ENGINEER & DESIGN TERMINAL APRON EXPANSION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the FDOT has extended a Public Transportation Grant Agreement (PTGA) FM453357-1-94-01 in the amount of $5,750 for the engineering and design of the terminal apron expansion at Sebastian Municipal Airport, providing for 2.5% of the actual project cost, said project cost for the City of Sebastian is estimated to be $5,750 and WHEREAS, the City of Sebastian desires to begin the design phase and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BV THE COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said Public Transportation Grant Agreement #FM453357-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 191 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 The foregoing Resolution was moved for adoption by Council Member Nunn The motion was seconded by Council Member Jones and, upon put to a vote, the vote was as follows: Mayor Bob McPartlan ave Vice Mayor Fred Jones aye Council Member Ed Dodd aye Council Member Kelly Dixon absent Council Member Chris Nunn aye The Mayor thereupon declared this resolution duly passed and adopted the 121h day of February, 2025. ATTEST: eanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA 1 Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: en fer Cockcroft, City Attbmey 192 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item -segment -phase -sequence) 453357-1-94-01 Work Activity Code/Function: 215 Object Code: 740100 Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000427008 Contract Number: GJAu4 Federal Award Date: N/A CFDA Number: N/A Agency UEI Number: CFDA Title: N/A CSFA Number: N/A CSFA Title: N/A THIS PUBI-62/AftFPRWl(��l ESYRANT 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 Enaineer and Desian Terminal Apron Expansion, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports _ Transit _ Intermodal _ Rail Crossing Closure X Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X_ Exhibit E1: Prohibition Based on Health Care Choices Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) Pagel 193 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10124 X Exhibit F: Contract Payment Requirements *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *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, 2026. 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. 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. Page 2 194 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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. 9. Project Cost: a. The estimated total cost of the Project is $230,000. 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 $5,750 and, the Department's participation in the Project shall not exceed 2.50% 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 Page 3' 195 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ10124 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. 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. Page 4 196 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10/24 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. 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." 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 Page 5 1 97 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10/24 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 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. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms Page 6 1 198 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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 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. 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. 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 Page 7 199 Docusign Envelope ID: 15EA55DE-52D4-45E3-A908-32F1 D7A24A73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC10124 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: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: I. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. III. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. I. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Page 81 200