HomeMy WebLinkAbout#21-01-KHA-01 Amendment 1 - Signed
Kimley-Horne and Associates Page 1 of 3
Contract #: #21-01-KHA-01
FIRST AMENDMENT TO CONSULTANT SERVICE AGREEMENT #21-01-KHA-01
BETWEEN THE CITY OF SEBASTIAN AND KIMLEY-HORN AND ASSOCIATES,
INC.
This Amendment to the Agreement (“Amendment”) is hereby made and entered
into this _____ day of _______________, 2025, between the City of Sebastian, Florida,
a municipal corporation of the State of Florida, hereinafter referred to as the "City" and
Kimley-Horn and Associates, Inc., (“Contractor”).
WITNESSETH
WHEREAS, the City and Contractor entered into Consultant Service Agreement
#21-01-KHA-01 on July 27, 2023, for the provision of City of Sebastian Vulnerability
Assessment (“Agreement”); and
WHEREAS, the Parties now desire to amend the Original Agreement to
incorporate additional contract terms.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree to the following:
AGREEMENT
1. The above recitals are hereby found to be the intent of this Amendment.
2. The terms of the original Agreement are hereby restated and incorporated herein
by this reference. In the extent of a conflict in terms, the terms of this First
Amendment shall supersede.
3. The attached “Attachment 8-A” shall be effective once the last party executes this
document.
4. Except to the extent specifically provided above, this amendment shall not be
interpreted or constructed as waiving any rights, obligations, remedies, or claims
the parties may otherwise have under the original Agreement.
5. In all other respects except as modified herein, the terms of the original
Agreement shall remain in force and effect.
Document ID: BB7E57EE5E81EF7F5595A8AF40C39F67
October28th
Kimley-Horne and Associates Page 2 of 3
Contract #: #21-01-KHA-01
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this First
Amendment to be executed as of the date first written above.
KIMLEY-HORN AND ASSOCIATES, INC. CITY OF SEBASTIAN, FL
By: By:
___________________________ __________________________
Signature Brian Benton, City Manager
Date: ______________________
ATTEST
________________________________
Jeanette Williams, MMC
City Clerk
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
________________________________
Jennifer D. Cockcroft, Esq.
City Attorney
Name:
Title:
Date:
Brooke Arriaga
Regional Contract Lead
October 23, 2025
Document ID: BB7E57EE5E81EF7F5595A8AF40C39F67
ID: 2700BEDF-B742-4297-9177-C53D1154EDA1
Digitally signed by
<jcockcroft@cityofsebastian.org>
October 28, 2025 01:40 PM EDT
ID: F9878464-B682-4BF5-93AD-43856EA7B1AC
Digitally signed by
<bbenton@cityofsebastian.org>
October 28, 2025 01:42 PM EDT
10/28/2025
ID: 41653E1C-503F-4F50-9CD3-23FBC4641EE7
Digitally signed by
<jwilliams@cityofsebastian.org>
October 28, 2025 01:55 PM EDT
Kimley-Horne and Associates Page 3 of 3
Contract #: #21-01-KHA-01
Attachment 8-A
Revised Contract Provisions for Coronavirus State and Local Fiscal
Recovery Funds (SLFRF) Agreements
Document ID: BB7E57EE5E81EF7F5595A8AF40C39F67
Attachment 8-A
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ATTACHMENT 8-A
Revised Contract Provisions for Coronavirus State and Local Fiscal
Recovery Funds (SLFRF) Agreements
The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,
the term “Recipient” shall mean “Grantee.”
Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all
lower tier subrecipients/contractors, and to comply with the provisions of the award, the SLFRF implementing
regulation, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated
terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub-
awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract
and/or sub-awards, however for all such subcontracts and sub-awards, the Grantee shall assume the role of the
Non-Federal Entity and the subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1.Administrative, Contractual, and Legal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies
described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions
of this Contract, including any Federal or State statutes, rules, or regulations, applicable to this Contract, the Non-
Federal Entity may take one or more of the following actions.
A.Temporarily withhold payments pending correction of the deficiency by the Recipient.
B.Disallow (that is, 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.
C.Wholly or partly suspend or terminate this Contract.
D.Take other remedies that may be legally available.
The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under
Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund,
either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement.
2.Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of “federally assisted construction contract”
as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement, the Recipient agrees as follows:
A.The Recipient will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
i.Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Recipient agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
B.The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the
Recipient, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
C.The Recipient will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such employee's
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essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the Recipient's
legal duty to furnish information.
D.The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Recipient's commitments under this
section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
E.The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
F.The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
G.In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement
or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the Recipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H.The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The Recipient will take such action with respect to any subcontractor purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance.
4.Contract Work Hours and Safety Standards Act
Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
5.Rights to Inventions Made Under Agreement
If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the Non- Federal
Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the Non-Federal Entity or subrecipient must comply with the requirements
of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency.
6.Clean air Act (42 U.S. C. 7401-7671q.), the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), and EPA Regulations
If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control
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Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the
Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA).
i.The Grantee shall include these requirements for the Clean Air Act and the Federal Water Pollution
Act in each subcontract exceeding $100,000 financed in whole or in part with SLFRF funds.
7.Debarment and Suspension (Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.”
8.Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award,
using form SF-LLL, available at:
https://apply07.grants.gov/apply/forms/sample/SFLLL_1_2_P-V1.2.pdf.
i.Grantees who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place
in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, up
to the recipient.
9.Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act as described in 2 CFR part 200.322.
10.Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or
obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as part of any system. See Section
889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471.
11.Domestic Preferences for Procurement
The Recipients and subrecipients must, to the greatest extent practical, give preference to the purchase,
acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR
200.322.
ADMINISTRATIVE
1.General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et seq.
2.Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations,
which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
3. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175)
Recipients, their employees, subrecipients under this award, and subrecipients' employees may not:
A.Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
B.Procure a commercial sex act during the period of time that the award is in effect; or
C.Use forced labor in the performance of the award or subawards under the award.
4. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261).
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A.This award, related subawards, and related contracts over the simplified acquisition threshold and all
employees working on this award, related subawards, and related contracts over the simplified
acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award
recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239).
B.Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition
threshold related to this award, shall inform their employees in writing, in the predominant language of
the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712.
C.The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over
the simplified acquisition threshold related to this award; best efforts should be made to include this
clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of
this provision.
5.Notification of Termination (2 CFR § 200.340)
In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period
of performance due to the Recipient’s or subcontractor’s material failure to comply with Federal statutes,
regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to
the Office of Management and Budget (OMB)-designated integrity and performance system, accessible through
System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information
System (FAPIIS). The Non-Federal Entity will notify the Recipient of the termination and the Federal
requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the
Recipient’s rights upon termination and following termination.
6. Additional Lobbying Requirements
A.The Recipient certifies that no funds provided under this Agreement have been used or will be used to
engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
B.The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization
described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an
award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not
engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or
subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan
programs or to contracts awarded using proper procurement procedures.
C.Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds
provided by this Agreement for membership dues to any entity or organization engaged in lobbying
activities.
7. Increasing Seat Belt Use in the United States
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Grantee is encouraged to adopt and
enforce on-the-job seat belt policies and programs for its employees when operating company-owned,
rented or personally owned vehicles.
8. Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Grantee is encouraged to adopt and enforce
policies that ban text messaging while driving and establish workplace safety policies to decrease accidents
caused by distracted drivers.
9. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
Where applicable, 42 U.S.C. §§ 4601-4655 and implementing regulations apply to this Agreement.
COMPLIANCE WITH ASSURANCES
1. Assurances
Recipients shall comply with all applicable assurances made by the Department or the Recipient to the Federal
Government during the Grant application process.
FEDERAL REPORTING REQUIREMENTS
1. FFATA
Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1,
2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act (“FFATA”) of 2006.
The FFATA legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov.
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The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department
to comply with this requirement.
DEPARTMENT OF TREASURY-SPECIFIC
1.Civil Rights Compliance
Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to
nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities
receiving Federal financial assistance from the Treasury do not deny benefits or services or otherwise discriminate
on the basis of race, color, national origin, (including limited English proficiency), disability, age, or sex (including
sexual orientation and gender identity), in accordance with the following: Title VI of Civil Rights Acts of 1973
(Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education
Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department’s implementing regulations, 31 CFR
28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department of Treasury
implementing regulations at 31 CFR part 23.
The Department of Treasury will request information on recipients’ compliance with Title VI of the Civil Rights
Act of 1964, as applicable, on an annual basis. This information may include a narrative descripting the recipient’s
compliance with Title VI, along with other questions and assurances.
SLFRF-SPECIFIC
1.Period of Performance
The Department must obligate all funds from SLFRF by December 31, 2024, and all such obligated funds must
be expended by December 31, 2026. As such, the Contractor must submit all invoices by September 30, 2026,
unless approved in writing by the Department.
2. Equipment and Real Property Management
Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance
at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the
originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real
property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of
equipment or real property must also be in compliance with relevant laws and regulations.
SLFRF INFRASTRUCTURE PROJECTS
For all infrastructure projects, the Grantee shall provide the following project information on a quarterly basis
to the Department:
i.Projected/actual construction start date (month/year)
ii.Projected/actual initiation of operation date (month/year)
iii.Location details
SLFRF INFRASTRUCTURE PROJECTS OVER $10 MILLION
For infrastructure projects over $10 million, the following provisions apply:
1.Wage Certification
Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance
of such project are paid wages at the rates not less than those prevailing, as determined by the
U.S. Secretary of Labor in accordance with the Davis-Bacon Act, for the corresponding classes of laborers and
mechanics employed projected of a character similar to the contract work in the civil subdivision of Florida in
which the work is to be performed. If the Grantee does not provide such certification, the Grantee must provide
a project employment and local impact report detailing:
i.The number of employees of contractors and sub-contractors working on the project;
ii.The number of employees on the project hired directly and hired through a third party;
iii.The wages and benefits of workers on the project by classification; and
iv.Whether those wages are at rates less than those prevailing.
Grantee must maintain sufficient records to substantiate this information upon request.
2. Project Labor Agreements
Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hire
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collective bargaining agreement consistent with the section 8(f) of the National Labor Relations Act (29
U.S.C. 158(f)). If the Grantee does not provide such certification, the Grantee must provide a project
workforce continuity plan, detailing:
i.How the Grantee will ensure the project has ready access to a sufficient supply of
appropriately skilled and unskilled labor to ensure high-quality construction throughout the
life of the project;
ii.How the Grantee will minimize risks of labor disputes and disruptions that would
jeopardize timeliness and cost-effectiveness of the project;
iii.How the Grantee will provide a safe and healthy workplace that avoids delays and costs
associated with workplace illnesses, injuries, and fatalities;
iv.Whether workers on the project will receive wages and benefits that will secure and
appropriately skilled workforce in the context of the local or regional labor market; and
v.Whether the project has completed a labor agreement.
3.Other Reporting Requirements
Grantees must report whether the project prioritizes local hires and whether the project has Community
Benefit Agreement, with a description of any such agreement, if applicable.
SLFRF WATER & SEWER PROJECTS
For water and sewer projects, Grantees shall provide the following information to the Department once the project
starts, as appliable:
i.National Pollutant Discharge Elimination System (NPDES) Permit Number, for projects aligned
with the Clean Water State Revolving Fund
ii.Public Water System (PWS) ID number, for projects aligned with the Drinking Water State
Revolving Fund.
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