HomeMy WebLinkAbout12-17-2025 CC Agenda1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE - Led by Council Member Nunn
4. ROLL CALL
5. AGENDA MODIFICATIONS
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
7. PUBLIC INPUT
8. CONSENT AGENDA
CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, DECEMBER 17, 2025 - 6:00 PM
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE
Modifications for additions require a unanimous vote of City Council
Presentations of proclamations, certificates and awards, and brief timely announcements by
Council and Staff. No public input or actions under this heading.
Brief Announcements:
Friday, December 19 - Sebastian Police Department's Movie Night Out - A Christmas Carol -
5:30pm to 8pm
Saturday, December 20 - Santa's Open House Sponsored by the Sebastian Woman's Club in
Riverview Park - 2pm to 4pm
City Hall will be closed for the holiday December 24th, 25th and 26th.
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.
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
1
A. Consider Approval of Draft November 12, 2025 City Council Minutes
B. Alcohol Beverage Approval - Camarena Family
9. COMMITTEE REPORTS & APPOINTMENT
A. Charter Review Committee Appointments
B. Citizens Budget Review Advisory Board Appointments
10. PUBLIC HEARINGS
11. UNFINISHED BUSINESS
12. NEW BUSINESS
A. Consideration of selecting Spirit of Sebastian, LLC as the awarded company for 26-01-ITB
Sale of Surplus Land - Bailey Drive, Sebastian, FL 32958, and authorize the Mayor to
execute all appropriate documents.
B. Consideration of selecting Wiregrass Ecological Associates, LLC for ITB 26-02 Tree
Inventory and Condition Assessment, and authorize the City Manager or designee to
execute the appropriate documentation.
to remove the item for discussion prior to start of the meeting or by raising his/her hand to be
recognized.
Staff Report
11-12-2025 Draft Minutes
Staff Report
Camarena Family Application & Receipt
City committee reports and Council Member regional committee reports. No public input or
action except City committee member nominations and appointments under this heading.
Staff Report
Charter Sec. 5.03 Code Sec. 2-231 & 2-232
At Large Applications
Board Member List
Draft Meeting Schedule
Staff Report
Application
Board Member List
Vacancy Announcement
Staff Report
Parcel Identification Map
Procurement Justification
Notice of Intent and Bid Tabulation
Resolution No. R-25-24
Staff Report
Procurement Justification
Notice of Intent and Bid Tabulation
Tree Inventory and Condition Assessment Agreement - Contractor Signed
2
pgs 5-23
pgs 24-26
pgs 27-38
pgs 39-44
pgs 45-51
pgs 52-128
C. Consideration of a New Lease by Hayburn Asset Management, LLC, for a Hangar at
Sebastian Municipal Airport.
D. Consideration of Resolution No. R-25-48 to accept FDOT Public Transportation Grant
Agreement (PTGA) - Construct Terminal Apron Expansion
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
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).
Staff Report
Hangar G3 Lease - Hayburn Asset Management
Staff Report
Resolution No. R-25-48
FM453365 PTGA Construct Terminal Apron Expansion X26
Vice Mayor McPartlan
Council Member Nunn
Council Member Dodd
Council Member Matthews
Mayor Jones
NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF
THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE
WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT
THE CITY’S ADA COORDINATOR AT 388-8226 – ADA@CITYOFSEBASTIAN.ORG AT LEAST
48 HOURS IN ADVANCE OF THIS MEETING
3
pgs 129-
145
pgs 146-
189
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.
4
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Catherine Testa, Acting City Clerk
SUBJECT
Consider Approval of Draft November 12, 2025
City Council Minutes
EXECUTIVE SUMMARY
Draft minutes of the November 12, 2025 City Council meeting are presented for review.
RECOMMENDATION
Request changes if necessary. Consider approval of minutes.
ATTACHMENTS: 1. November 12, 2025 City Council Minutes
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jim Stokes, Interim City Attorney
SUBJECT Charter Review Committee Appointments
EXECUTIVE SUMMARY
A Charter Review Committee is established every five years to review the Charter and make
recommendations for amendment to the City Council. The Charter Review Committee last met in
2021 and is scheduled to meet again beginning in January, 2026.
Each member of City Council is to appoint two members to the Committee and then take
nominations and appoint an additional five at-large members.
RECOMMENDATION
1) Each City Council Member to name his or her two appointees.
2) Appoint up to five at-large members to the Committee
Council Appointees (Two each)
Mayor Jones - Richard Gilmore and Scott Liberatore
Vice Mayor McPartlan - Bill Flynn and Charles Stadelman
Council Member Dodd - Jeanne Hill and Grace Reed
Council Member Matthews – Sharon Herman and Vicki Drumheller
Council Member Nunn – Tim Borden and Susan Lorusso
In response to the City Clerk’s advertisement seeking applications for the five at-large positions, the
City has received applications from Felicia Holloman, Wanda Simmons and Nicholas Scheskowsky
ATTACHMENTS: 1. Charter Sec. 5.03; Code Sec. 2-231 & 2-232
2. Applications for at large applicants
3. Advertisement
4. Board Member List
5. Draft Meeting Date Schedule
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
27
Sec. 5.03. - Charter review committee.
Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council shall appoint a
charter review committee to review the Charter of the city. Each charter review committee shall consist of
fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the
Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of
Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present
to the city council its final recommendation for amendment of the Charter or its recommendation that no
amendment is appropriate. If amendment is to be recommended, the charter review committee shall
conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its
recommendations to the city council. The city council may by ordinance submit any or all of the
recommended amendments to the electors for vote at the next general election held within the city or at a
special election called for said purpose.
(Ord. No. O-98-13, § 1, 10-14-98, election of 3-9-99; Ord. No. O-06-18, § 1, 10-11-06)
Editor's note— Ord. No. O-06-18, approved by voters at March 13, 2007 election, changed the review period
to every 5 years commencing year 2006.
28
(1)
(2)
Sec. 2-231. - Appointment.
The 15 members of the Charter review committee, as established by section 5.03 of the City Charter,
shall be appointed in the following manner:
Each member of the city council shall appoint two city residents to the committee; and
The remaining five members of the committee shall be appointed by the council as a body in
accordance with the general provisions for selection of membership of city boards and
committees.
The announcement of the individual appointments, and the selection of the at-large members, shall
occur at the second regularly scheduled city council meeting following the seating of the newly elected city
council of the years designed in the Charter for formulation of the committee.
There shall be no limit on the number of times a resident may serve on this committee, nor shall any
member of another city board or committee be prohibited from concurrently serving thereupon.
(Ord. No. O-99-02, § 1, 4-14-99; Ord. No. O-07-08, § 1, 6-13-07)
Sec. 2-232. - Operational procedures.
The Charter review committee shall hold its organization meeting in the week following formulation of its
membership. At said meeting the majority of the members present shall select a chairman and a vice-
chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance
with the established general procedures for boards and committees of the city. At said organization
meeting, the committee shall establish the time and frequency of its meetings.
The city attorney shall be advisor to the committee and the city clerk shall provide secretarial services to
the committee.
After submitting its final recommendation, which shall occur within six months of the committee's
formulation, the committee shall have a final meeting in the week following city council action on said
recommendation and shall thereafter be dissolved.
(Ord. No. O-99-02, § 2, 4-14-99; Ord. No. O-07-08, § 2, 6-13-07)
29
30
31
32
33
34
35
36
37
38
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Catherine Testa, Acting City Clerk
SUBJECT Citizens Budget Review Advisory Board Appointments
EXECUTIVE SUMMARY
The Citizens Budget Review Advisory Board is comprised of nine members: Five individual Council
appointees; two who are appointed by Council at-large, and two who are appointed as alternates.
The five members appointed by Council serve the same two-year term as the Council Member who
appoints them; the two at-large members serve until the new election; and the two alternates serve a
three-year term.
The terms of the two at-large members have expired and depending on who is chosen, there might be
two alternate member positions to fill.
In response to the City Clerk’s advertisement to seek new appointees, no new applications were
received, Scott Baker is interested in serving another term.
RECOMMENDATION
Re-elected Council Members Nunn, Jones and McPartlan may individually confirm their appointees,
newly elected Council Member Matthews may announce her appointee, and then Council as a whole
may choose to reinstate Scott Baker for another term.
ATTACHMENTS: 1. Application
2. Board Member List
3. Vacancy Announcement
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
39
40
41
42
43
44
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jessica Graham, Procurement Manager
SUBJECT
Consideration of selecting Spirit of Sebastian, LLC as
the awarded company for 26-01-ITB Sale of Surplus
Land - Bailey Drive, Sebastian, FL 32958, and
authorize the Mayor to execute all appropriate
documents.
EXECUTIVE SUMMARY
Resolution No. R-25-24 authorized the sale of 0.68 acres of City surplus property located at
Bailey Drive, Sebastian, FL 32958. Invitation to Bid 26-01, publicly advertising the property sale,
was issued on October 9, 2025. One bid was received from Spirit of Sebastian, LLC. Spirit of
Sebastian, LLC’s proposed purchase price is $166,000, this amount is above the minimum bid
amount/appraisal value of $165,000. Staff requests approval to enter negotiations with Spirit of
Sebastian, LLC to finalize an “As Is” Property Purchase Agreement. Once all parties execute the
agreement, the property closing shall take place within 45 days.
RECOMMENDATION
On behalf of the Community Development Department, the Procurement Division recommends
selecting Spirit of Sebastian, LLC as the awarded company for 26-01-ITB Sale of Surplus Land -
Bailey Drive, Sebastian, FL 32958, and authorize the Mayor to execute all appropriate
documents.
ATTACHMENTS:
1. Parcel Identification Map
2. Procurement Justification
3. Notice of Intent and Bid Tabulation
4. Resolution No. R-25-24
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
N/A N/A N/A
Additional Funds Needed: $ 0.00
45
Subject Parcel
46
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 12/2024)
PROCUREMENT JUSTIFICATION
A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open
opportunity to qualified parties, and culminates in a selection based on criteria.
A Competitive Quote is an informal process that provides an equal and open opportunity to qualified
parties and culminates in a selection based on criteria.
DATE:
TYPE OF PURCHASE:
Invitation to Bid (ITB)
Request for Proposal (RFP)
Request for Qualification (RFQ)
Invitation to Quote (ITN)
Piggyback/Cooperative
3 Written Quotes
PROPOSED VENDOR:
ITEMS OR SERVICES
REQUIRED:
ADDITIONAL INFORMATION
Approved: ________________________________________
Jessica Graham, Procurement/Contracts Manager
November 25, 2025
Spirit of Sebastian LLC
Sale of Surplus Land - Bailey Drive, Sebastian, FL
Resolution 25-24 authorized the sale of 0.68 acres of City surplus property located at Bailey Drive, Sebastian,
FL 32958. Invitation to Bid 26-01, publicly advertising the property sale, was issued on October 9, 2025. One
bid was received from Spirit of Sebastian, LLC.
Digitally signed by
Jessica Graham
Date: 2025.11.25
08:54:20 -05'00'
47
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 7/2025)Page 1 of 1
INTENT TO AWARD
POSTING DATE: November 25, 2025
26-01-ITB
Sale of Surplus Land Bailey Drive, Sebastian, FL 32958
Notice is hereby given that the City of Sebastian intends to award an Agreement upon approval of the
City Council on Wednesday, December 17, 2025, at 6:00 PM EST to the following Bidder:
SPIRIT OF SEBASTIAN, LLC
All City Council meetings are open to the public.
-388-8231 or
jessgraham@cityofsebastian.org.
Sincerely,
Jessica Graham, CPPB
Procurement Manager
City of Sebastian
120.57(3), Florida Statutes, or failure to post the bond or
other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under
Digitally signed by
Jessica Graham
Date: 2025.11.25
08:42:49 -05'00'
48
Tax I.D. No Minimum Bid Bid Amount
LEGAL:
SEBASTIAN HIGHLANDS UNIT 09 E 200 FT OF TR A
PBI 6-36A
ALSO DESCRIBED AS:
The East 200 feet of Tract A of
SEBASTIAN HIGHLANDS, UNIT 9, according to the plat
thereof, as recorded in Plat Book 6, Page 36-A, of the
Public Records of Indian River County, Florida.
PROPERTY ID:
33198
PARCEL ID:
31391800001000100002.0
PHYSICAL ADDRESS:
Bailey Dr, Sebastian, FL 32958
$ 165,000.00 166,000.00$
Posting Date: November 25, 2025
Spirit of Sebastian, LLC
6655 49th Street
Vero Beach, FL 32967
BID TABULATION
Bid #: 26-01-ITB
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-823149
RESOLUTION NO. R-25-24
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, IDENTIFYING CERTAIN
CITY OWNED REAL PROPERTY AS SURPLUS
PROPERTY; ADOPTION OF RECITALS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian currently owns a certain parcel of real property located at the
corner of Manly Avenue and Donna Street in Sebastian Highlands Unit 9, Tract A, comprised of
approximately 0.68 acres, more or less (hereinafter "Parcel"); and
WHEREAS, this Parcel was part of the original plat in January of 1960 by the General
Development Corporation; and
WHEREAS, the City of Sebastian acquired the Parcel in December of 1993 as part of the
bankruptcy settlement with General Development Corporation; and
WHEREAS, City of Sebastian hereby determines that: (1) the Parcel is no longer needed for
municipal purposes and is identified as surplus; (2) there are no future operational needs for this
site, (3) disposing of this parcel will reduce maintenance and liability cost in addition to generating
revenue for the City by returning the property to the tax roll; (4) disposal of surplus property is in
the best interest of the citizenry of Sebastian and its health, safety and welfare; and
WHEREAS, under the Florida Constitution and other Florida law, municipalities possess certain
home rule" powers allowing them to govern local affairs without requiring express authorization
from the Legislature, provides such actions are not expressly prohibited by general law; and
WHEREAS, Section 2-93 of the City of Sebastian Code of Ordinances provides the procedures
for such transactions; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
SECTION 1. ADOPTION OF RECITALS. The above recitals contained in the 'Whereas'
clauses are hereby adopted as true and correct and represent the legislative intent of the Sebastian
City Council.
50
SECTION 2. DESIGNATION AS SURPLUS PROPERTY. The City Council does hereby
acknowledge that the forgoing property is deemed surplus:
I. Parcel ID: 31391800001000100002.0
Physical Address: Bailey Dr, Sebastian, FL 32958
Owner: City of Sebastian — Municipal — 100%
1225 Main Street, Sebastian, FL 32958
Subdivision Name: Sebastian Highlands Unit 9
Property Use: Vacant
Sq Feet: 29,620
Acres: 0.68
Short Description: SEBASTIAN HIGHLANDS UNIT 9, E 200 FT of
TRACT A PBI 6-36A
SECTION 3. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the
extent of such conflict, superseded and repealed.
SECTION 4. SCRIVENERS ERRORS. Scrivener's errors and typographical errors that do not
affect the intent of this Resolution may be corrected by the City Manager or City Attorney without
further action by the City Council.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
adoption.
The foregoing Resolution was moved for adoption by Council Member Dodd . The
motion was seconded by Council Member Nunn and, upon being put to a vote, the
vote was as follows:
Mayor Bob McPartlan aye
Vice Mayor Fred Jones aye
Council Member Christopher Nunn aye
Council Member Ed Dodd aye
The Mayor thereupon declared this Resolution duly passed and adopted this 121h day of August
2025.
CITY OF SEBASTIAN, F RIDA
By:
Bob McPartlan, Mayor
ATTEST: // ••
11
Approved as to form & le aljity. =
I KCt.I' t cc—
J6hnette Williams, MMC, City Clerk Jen fer Cockcroft, CitkAttbrney,
51
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jessica Graham, Procurement Manager
SUBJECT
Consideration of selecting Wiregrass Ecological Associates,
LLC for ITB 26-02 Tree Inventory and Condition Assessment,
and authorize the City Manager or designee to issue Purchase
Orders up to $62,500.00.
EXECUTIVE SUMMARY
On October 9, 2025, the City of Sebastian issued Invitation to Bid 26-02 for a Tree Inventory and Condition
Assessment of the Parks. A total of 1160 contractors were notified of the bid posting, and 37 downloaded
the solicitation. Four bids were received, with one submitter (PlanIT Geo, Inc.) deemed non-responsive.
Among the remaining bidders, Wiregrass Ecological Associates, LLC (Wiregrass) submitted the lowest bid.
Their pricing was noticeably lower than that of the other firms, so staff requested confirmation of pricing
and capacity. Wiregrass verified their bid and provided examples of similar projects for other agencies.
Reference checks confirmed their qualifications and ability to perform the work.
Because Wiregrass’s bid is significantly less than the available grant funding, staff intends to work with the
contractor, to expand the scope to rights-of-way and medians within the City limits. Staff recommends that
the Council award the contract to Wiregrass Ecological Associates, LLC as the lowest responsive
responsible bidder.
RECOMMENDATION
On behalf of the City of Sebastian Parks and Recreation Department, the Procurement Division
recommends that the City Council approve Wiregrass Ecological Associates, LLC for ITB 26-02 Tree
Inventory and Condition Assessment, and authorize the City Manager or designee to execute the
appropriate documentation
ATTACHMENTS:
1. Procurement Justification
2. Notice of Intent and Bid Tabulation
3. Tree Inventory and Condition Assessment Agreement – Contractor Signed
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
Up to $62,500.00 $62,500.00 FDACS Grant ($50,000)
General Fund ($12,500)
Additional Funds Needed: $ 0.00
52
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 12/2024)
PROCUREMENT JUSTIFICATION
A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open
opportunity to qualified parties, and culminates in a selection based on criteria.
A Competitive Quote is an informal process that provides an equal and open opportunity to qualified
parties and culminates in a selection based on criteria.
DATE:
TYPE OF PURCHASE:
Invitation to Bid (ITB)
Request for Proposal (RFP)
Request for Qualification (RFQ)
Invitation to Quote (ITN)
Piggyback/Cooperative
3 Written Quotes
PROPOSED VENDOR:
ITEMS OR SERVICES
REQUIRED:
ADDITIONAL INFORMATION
Approved: ________________________________________
Jessica Graham, Procurement/Contracts Manager
November 25, 2025
Wiregrass Ecological Associates, LLC
Tree Inventory and Condition Assessment
On October 9, 2025, the City of Sebastian issued Invitation to Bid 26-02. A total of 1160 contractors were
notified of the bid posting, and 37 downloaded the solicitation. Of the four bids received, Wiregrass Ecological
Associates LLC (Wiregrass) submitted the lowest bid. After the evaluation process, Wiregrass was identified
as the lowest responsive and responsible bidder.
Digitally signed by
Jessica Graham
Date: 2025.11.25
15:02:40 -05'00'
53
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 7/2025)Page 1 of 1
INTENT TO AWARD
POSTING DATE: November 18, 2025
26-02-ITB
Tree Inventory and Condition Assessment
Notice is hereby given that the City of Sebastian intends to award an Agreement upon approval of the
City Council on Wednesday, December 17, 2025, at 6:00 PM EST to the following Bidder:
WIREGRASS ECOLOGICAL ASSOCIATES, LLC
All City Council meetings are open to the public.
-388-8231 or
jessgraham@cityofsebastian.org.
Sincerely,
Jessica Graham, CPPB
Procurement/Contracts Manager
City of Sebastian
120.57(3), Florida Statutes, or failure to post the bond or
other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under
Digitally signed by
Jessica Graham
Date: 2025.11.18
16:33:01 -05'00'
54
NON-RESPONSIVE
(Pass/Fail/NA)(Pass/Fail/NA)(Pass/Fail/NA)(Pass/Fail/NA)
Bid Price Form Pass Pass Pass Pass
Contact Information Sheet Pass Pass Fail Pass
Corporate Resolution (if applicable)N/A N/A Fail Pass
Pass Pass Fail Pass
Certification Regarding Debarment and
Suspension Pass Pass Fail Pass
Certification Regarding Prohibition Against
Contracting with Scrutinized Companies Pass Pass Fail Pass
Appendix A, 44 C.F.R. Part 18 -
Certification Regarding Lobbying Pass Pass Fail Pass
Contracting with Entities of Foreign
Countries of Concern Prohibited Affidavit Pass Pass Fail Pass
Human Trafficking Affidavit Pass Pass Fail Pass
Notifications Affidavit Pass Pass Fail Pass
Reference List Pass Pass Fail Pass
Subcontractor List Pass Pass Fail Pass
Local Vendor Affidavit N/A N/A N/A N/A
ISA Certified Arborist Pass Pass Pass Pass
Tree Risk Assessment Qualification
(TRAQ)Pass Pass Pass Pass
Notes:
Posting Date:
Wiregrass Ecological
Associates, LLC
2897 S. Jefferson St
Monticello, FL 32344
BID TABULATION
PlanIT Geo, Inc.'s submittal was not signed by an authorized person, and the Corporate Resolution provided was not
signed by the authorized person listed on Sunbiz.org.
11/18/2025
Bid #: 26-02-ITB
Bid Title: Tree Inventory and Condition
Assessment
ArborPro, Inc
22605 E. LA Palma
Suite 509
Yorba Linda, CA 92887
Miller Legg & Associates,
Inc.
13680 NW 5th Street,
Suite 200
Sunrise, FL 33325
PlanIT Geo, Inc
4210 Wadsworth Blvd
Unit 1334
Wheat Ridge, CO 800033
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 55
NON-RESPONSIVE
Description Address Per Location
Lump Sum Amount
Per Location
Lump Sum Amount
Per Location
Lump Sum Amount
Per Location
Lump Sum Amount
Barber Street Sports Complex 950 Barber S
Sebastian, FL 32958 525.00$3,355.00$2,500.00$2,800.00$
Bark Park 245 Keen Ter
Sebastian, FL 32958 525.00$2,235.00$1,250.00$600.00$
Blossom Street Park 940 Cody Av
Sebastian, FL 32958 400.00$1,655.00$1,250.00$400.00$
Bryant Park 117 Bryant Ct
Sebastian, FL 32958 525.00$3,865.00$5,125.00$3,200.00$
Cheltenham Park 1371 Cownie Ln
Sebastian, FL 32958 200.00$1,480.00$2,812.50$400.00$
Community Center 1805 N Central Av
Sebastian, FL 32958 150.00$1,375.00$1,750.00$80.00$
Easy Street Park 458 Easy St
Sebastian, FL 32958 275.00$1,480.00$500.00$600.00$
Filbert Park 170 Filbert St
Sebastian, FL 32958 1,565.00$2,705.00$3,875.00$4,000.00$
Fishermans Landing 1540 Indian River Dr
Sebastian, FL 32958 521.00$1,375.00$1,250.00$1,200.00$
Friendship Park/City Hall
Campus
1225 Main St
Sebastian, FL 32958 1,565.00$3,865.00$3,312.50$4,000.00$
Garden Club Park 1028 Barber St Sebastian,
Fl 32958 523.00$2,497.50$2,325.00$2,000.00$
ArborPro, Inc
22605 E. LA Palma
Suite 509
Yorba Linda, CA 92887
BID TABULATION
Bid #: 26-02-ITB
Bid Title: Tree Inventory and Condition Assessment
Miller Legg & Associates,
Inc.
13680 NW 5th Street,
Suite 200
Sunrise, FL 33325
PlanIT Geo, Inc
4210 Wadsworth Blvd
Unit 1334
Wheat Ridge, CO 800033
Wiregrass Ecological
Associates, LLC
2897 S. Jefferson St
Monticello, FL 32344
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-823156
NON-RESPONSIVE
Description Address Per Location
Lump Sum Amount
Per Location
Lump Sum Amount
Per Location
Lump Sum Amount
Per Location
Lump Sum Amount
ArborPro, Inc
22605 E. LA Palma
Suite 509
Yorba Linda, CA 92887
BID TABULATION
Bid #: 26-02-ITB
Bid Title: Tree Inventory and Condition Assessment
Miller Legg & Associates,
Inc.
13680 NW 5th Street,
Suite 200
Sunrise, FL 33325
PlanIT Geo, Inc
4210 Wadsworth Blvd
Unit 1334
Wheat Ridge, CO 800033
Wiregrass Ecological
Associates, LLC
2897 S. Jefferson St
Monticello, FL 32344
George Street Park 1270 George St Sebastian,
Fl 32958 395.00$2,410.00$2,637.50$1,200.00$
Hardee Park 530 Barber St
Sebastian, FL 32958 1,225.00$3,935.00$3,750.00$2,400.00$
Historical Park 630 Schumann Dr
Sebastian, FL 32958 520.00$1,480.00$2,512.50$600.00$
Kildare Park 130 Kildare Dr
Sebastian, FL 32958 4,175.00$1,392.50$7,095.00$4,000.00$
Main Street Boat Ramp 1300 Indian River Dr
Sebastian, FL 32958 521.00$2,235.00$2,187.50$1,200.00$
Periwinkle Park 444 Periwinkle Dr
Sebastian, FL 32958 520.00$2,585.00$2,637.50$1,600.00$
Pickleball Complex 160 Airport Dr E
Sebastian, FL 32958 135.00$1,375.00$500.00$80.00$
Riverview Park 600 US Highway 1
Sebastian, FL 32958 1,225.00$2,760.00$3,125.00$2,400.00$
Schumann Park 1096 Schumann Dr
Sebastian, FL 32958 175.00$1,480.00$937.50$240.00$
Stormwater Treatment Facility 297 Englar Dr
Sebastian, FL 32958 4,180.00$3,635.00$8,152.50$8,000.00$
Yacht Club 820 Indian River Dr
Sebastian, FL 32958 275.00$1,375.00$500.00$180.00$
20,120.00$50,550.00$59,985.00$41,180.00$Total Bid Price
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-823157
26-02-ITB, Tree Inventory and Condition Assessment Page 1 of 24
CITY OF SEBASTIAN AGREEMENT FOR
TREE INVENTORY AND CONDITION ASSESSMENT WITH
WIREGRASS ECOLOGICAL ASSOCIATES, LLC
THIS AGREEMENT made and entered into the _______ day of _______________, 2025
by and between the City of Sebastian, Florida, whose address is 1225 Main Street,
Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred
to as the "City" and Wiregrass Ecological Associates, LLC (FEIN: 47-3965150), whose
principal and local address is 2897 S Jefferson St, Monticello, FL 32344 hereinafter
Contractor
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
proposal specifications outlined in 26-02-ITB, Tree Inventory and Condition Assessment;
and
WHEREAS, the City desires to retain the Contractor to provide Tree Inventory and
Condition Assessment services, as subsequently specifically set out in purchase orders
to be issued under this agreement; and
WHEREAS, the City desires to employ the Contractor to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth,
and the Contractor is desirous of performing and providing such goods/services upon said
terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional services to the City; and
WHEREAS, all City promulgated bid documents pertaining to 26-02-ITB, Tree
Inventory and Condition Assessment, and all submissions by the Contractor (including
the bid proposal and proposal clarifications) are incorporated herein to the extent not
inconsistent with the terms and conditions as set forth herein; and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities, and services included in, but not limited to, the guidelines in the
scope of work; and
WHEREAS, the City desires to use the expertise and knowledge of the Contractor;
and
WHEREAS, the Contractor recognizes the importance of strict adherence to all
laws, rules, and regulations, particularly regarding safety procedures and processes.
Document ID: 107C4CD18767AA8255C583F13C75F925
58
26-02-ITB, Tree Inventory and Condition Assessment Page 2 of 24
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS
1.1 The term "Contractor" as used in this agreement is hereby defined herein as that
person or entity, including employees, servants, partners, principals, agents, and
assignees providing services under this agreement.
1.2 The City reserves the right to utilize any other contract, including, but not limited
to,
the following: any state of Florida contract, any contract awarded by any other city
or county governmental agencies, other school boards, other community
colleges/state university system, cooperative agreements, or to
negotiate/purchase per City policy directly. The City also reserves the right to bid
separately any item(s) and/or service(s) covered under this agreement, if deemed
to be in the City's best interest, at any time during this agreement term.
1.3 This agreement is for Tree Inventory and Condition Assessment, as set forth
herein and as otherwise directed by the City to include all labor and materials that
may be required.
1.4 The recitals above are true and correct and form and constitute a material part of
this agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary
actions to execute this agreement and has the legal authority to enter into it and
undertake all obligations imposed on it. The person(s) executing this agreement
for the Contractor certify that they are authorized to bind the Contractor fully to the
terms of this agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations
contained in this agreement, including, but not limited to, each purchase order. The
parties agree that they shall diligently and expeditiously pursue their respective
obligations outlined in this agreement and each purchase order.
1.7 it shall include statutes, codes, rules, and
regulations of any type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Contractor hereby guarantees the City that all work and all material, supplies,
services, and equipment listed on a Purchase Order meet the requirements,
specifications, and standards provided for under the Federal Occupations Safety
Document ID: 107C4CD18767AA8255C583F13C75F925
59
26-02-ITB, Tree Inventory and Condition Assessment Page 3 of 24
and Health Act of 1970, from time to time amended and in force on the date hereof.
1.9 It is agreed that nothing herein contained is intended or should be construed as
creating or establishing a relationship of co-partners between the parties or as
constituting the Contractor (including, but not limited to its officers, employees, and
agents) as the agent, representative, or employee of the City for any purpose or in
any manner whatsoever. The Contractor is to be and shall remain independent
concerning all services performed under this agreement.
1.10 Persons employed by the Contractor in the provision and performance of the
goods and/or services and functions under this agreement shall have no claim to
either by operation of law or by the City.
1.11 No claim for goods and/or services furnished by the Contractor not specifically
provided for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Contractor shall safely, diligently, and professionally and timely perform with
its equipment and assets and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties
hereto, the Contractor's duties shall not be construed to exceed the provision of
the goods and/or services pertaining to this agreement.
2.2 The Contractor shall provide the goods and/or services as generally set forth and
fically detailed in various
purchase orders as may be issued from time to time by the City.
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement
execution of this agreement and a purchase order issued on a form provided by
the City hereunder commencing the provision of goods and services. Additional
services to be performed by the Contractor to the City shall be authorized in a
written change order issued by the City on a form provided by the City. Purchase
orders executed by the City shall include a detailed description of quantities,
services, and a completion schedule. The Contractor shall review purchase orders
warranted. In every case, if the Contractor completes work without authorization
by a purchase/work order or a change order, the City is not obligated to
compensate the Contractor for the unauthorized work.
3.2 The Contractor shall perform all services required by the purchase order, but the
Document ID: 107C4CD18767AA8255C583F13C75F925
60
26-02-ITB, Tree Inventory and Condition Assessment Page 4 of 24
Contractor shall not be paid more than the negotiated Fixed Fee amount stated
therein.
3.3 The Contractor may invoice the amount due based on the percentage of total
services performed and completed, but in no event shall the invoice amount
exceed a percentage of the Fixed Fee amount equal to a percentage of the total
services completed.
3.4 The City shall make payments to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each
purchase order shall be invoiced separately. The Contractor shall render to the
City, at the close of each calendar month, an itemized invoice properly dated,
describing any services rendered, the cost of the services, the name and address
of the Contractor, purchase order number, contract number, and all other
information required by this agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Contractor is a representation that the
Contractor is familiar with the services to be performed and local conditions. The
Contractor shall make no claim for additional time or money based upon its failure
to comply with this agreement. The Contractor has informed the City, and hereby
represents to the City, that it has extensive experience in performing and providing
the services and/or goods described in this agreement and to be identified in the
purchase orders and that it is well acquainted with the work conditions and the
components that are properly and customarily included within such projects and
the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the City's projects. Execution
of a purchase order shall be an affirmative and irrefutable representation by the
Contractor to the City that the Contractor is fully familiar with all requisite work
conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services outlined in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a
change order. Each change order shall include a schedule of completion for the
services authorized. Change orders shall identify this agreement and the
appropriate purchase order number. Change orders may contain additional
instructions or provisions specific to certain aspects of this agreement pertinent to
the services provided. Such supplemental instructions or provisions shall not be
construed as modifying this agreement. An agreement between the parties on and
execution of any change order shall constitute a final settlement and a full accord
and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and/or work, including all direct and indirect costs of
Document ID: 107C4CD18767AA8255C583F13C75F925
61
26-02-ITB, Tree Inventory and Condition Assessment Page 5 of 24
SECTION 6:CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee
conduct, safety, and the coordination of all goods and/or services furnished by the
Contractor under this agreement as well as the conduct of its staff, personnel,
employees, and agents. The Contractor shall provide the City a list of employees
such information, which the City may request. The Contractor shall provide
r employees shall at all
times wear identification badges which, at a minimum, give the name of the
employee and the Contractor. The Contractor shall work closely with the City to
provide the goods and/or services. Concerning services, the Contractor shall be
responsible for the professional quality, technical accuracy, competence,
methodology, accuracy, and coordination of all of the following, which are listed for
illustration purposes only and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and all other services of whatever
type or nature furnished by the Contractor under this agreement. Without
additional compensation, the Contractor shall correct or revise any errors or
deficiencies in its plans, analysis, data, reports, designs, drawings, specifications,
submissions in response to the subject bid or procurement processes are
incorporated herein by this reference.
6.2 Neither , or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement or of any cause of action arising out of the performance
of this agreement and the Contractor shall be and remain liable to the City per
applicable law for all damages to the City caused by the Contractor negligent or
improper performance or failure to perform any of the goods and/or services
furnished under this agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in
addition to any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided
by the Contractor under the terms of this agreement and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the
Contractor as outlined in this Section.
7.2 The City shall furnish a City project manager to administer, review, and coordinate
Document ID: 107C4CD18767AA8255C583F13C75F925
62
26-02-ITB, Tree Inventory and Condition Assessment Page 6 of 24
the provision of services under purchase orders.
7.3 The City shall make City personnel available where, in the City opinion, they are
required and necessary to assist the Contractor. The availability and necessity of
said personnel to assist the Contractor shall be determined solely at the discretion
of the City.
7.4 The City shall examine all of the Contractor's services and indicate the City's
approval or disapproval within a reasonable time so as not to delay the provisions
of services of the Contractor materially.
7.5 The City shall transmit instructions and relevant information and interpret and
define City policies and decisions concerning all materials and other matters
pertinent to the services covered by this agreement.
7.6 The City shall give written notice to the Contractor whenever the City's designated
representative knows of a development that affects the goods and/or services
provided and performed under this agreement, the timing of the Contractor
provision of goods and/or services, or a defect or change necessary in the
Contractor's goods and/or services.
7.7 The rights and remedies of the City provided under this agreement are in addition
to any other rights and remedies provided by law. The City may assert its right of
recovery by any appropriate means including, but not limited to, set-off, suit,
withholding, recoupment, or counterclaim, either during or after the performance
of this agreement as well as the adjustment of payments made to the Contractor
based upon the quality of work of the Contractor.
7.8 The City shall be entitled to recover all legal costs, including, but not limited to,
attorney fees and other legal costs, that it may incur in any legal actions it may
pursue to enforce the terms and conditions of this agreement or the responsibilities
of the Contractor in carrying out the duties and responsibilities deriving from this
agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
7.10 , or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement nor any cause of action arising out of the performance
of this agreement and the Contractor shall be and always remain liable to the City
per applicable law for all damages to the City or the public caused by the
ds
and/or services furnished under this agreement.
Document ID: 107C4CD18767AA8255C583F13C75F925
63
26-02-ITB, Tree Inventory and Condition Assessment Page 7 of 24
7.11 After final payment is made to the Contractor, all deliverable analysis, reference
data, survey data, plans, reports, or any other form of written instrument or
document that may result from the
property of the City.
SECTION 8: COMPENSATION
8.1 Compensation for performance of work per Exhibit A, subject to additions and
deletions by change order as provided for in this agreement.
8.2 Compensation to the Contractor shall be as outlined in the purchase order, which
assigns services to be accomplished by the Contractor.
8.3 The Contractor shall be paid per the charges outlined in
hereto.
8.4 There are no reimbursable expenses to be paid to the Contractor except as
specifically set forth herein.
SECTION 9: PRICE ADJUSTMENTS
9.1 After the initial contract term, the City of Sebastian will consider requests for price
adjustment, the City may allow an escalation equal to the Southeastern Consumer
Price Index as of May 1st of that current year, not to exceed 3% of that current
9.2 The Contractor shall submit the price request to the Procurement Division at least
thirty (30) calendar days before the requested effective increase date. The City
may approve a price increase at its sole discretion.
9.3 Any purchase order issued before the approval of the price increase will not be
modified.
9.4 The contractor shall be entitled to an automatic increase in labor rates due to
minimum wage increases only if a request for adjustment is submitted at least 30
days before the effective change.
SECTION 10: INVOICE PROCESS
10.1 Invoices, in an acceptable form to the City and without disputable items, will be
processed for payment within thirty (30) days of receipt by the City.
10.2 The City will notify the Contractor of any disputable items in invoices submitted by
Document ID: 107C4CD18767AA8255C583F13C75F925
64
26-02-ITB, Tree Inventory and Condition Assessment Page 8 of 24
the Contractor within fifteen (15) days of receipt, explaining the deficiencies.
10.3 The City and the Contractor will try to resolve all disputable items in the
10.4 Each invoice shall reference this agreement, the appropriate purchase order and
Change Order if applicable, and the billing period.
10.5 The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the Contractor completed goods and/or services
referenced in an invoice.
10.6 Invoices are to be forwarded directly to the project manager, Richard Blankenship
at RBlankenship@cityofsebastian.org.
SECTION 11: COMMENCEMENT SCHEDULE OF AGREEMENT
11.1 The Contractor shall commence providing services as described in this agreement
upon execution of a purchase order issued by the City.
11.2 The Contractor and the City agree to make every effort to adhere to the schedules
required by the City or as established for the various purchase orders as described
in each purchase order. However, if the Contractor is delayed at any time in the
provision of goods and/or services by any act or omission of the City, or of any
employee, tumult of the City, or by any other Contractor employed by the City, or
by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in
transportation, terrorism, unavoidable casualties, or any other causes of force
majeure not resulting from the inactions or actions of the Contractor and beyond
connection with or during performance or provision of the goods and/or services,
or by delay authorized by the City pending a decision, or by any cause which the
City shall decide to justify the delay, the time of completion shall be extended for
such reasonable time as the City may decide in its sole and absolute discretion. It
is further expressly understood and agreed that the Contractor shall not be entitled
to any damages or compensation or be reimbursed for any losses due to any delay
or delays resulting from any of the causes as mentioned earlier or any other cause
whatsoever.
SECTION 12: TERM/LENGTH OF AGREEMENT
12.1 This project is funded by a Florida Department of Agriculture and Consumer
Services grant. The grant is set to expire on August 31, 2026.
12.2 The initial term of this agreement shall end on May 31, 2026. However, the term
may be renewed by the parties until the grant expiration date if agreed to in writing
at least 30 days before the end of the initial term.
Document ID: 107C4CD18767AA8255C583F13C75F925
65
26-02-ITB, Tree Inventory and Condition Assessment Page 9 of 24
12.3 The City has the right to extend any contract for the period necessary for the
Contractor to complete their contractual obligations and/or release, award, and
implement a replacement agreement. Such extension shall be based on the same
prices, terms, and conditions this contract outlines.
SECTION 13: DESIGNATED REPRESENTATIVES
13.1 The City designates the City Manager or their designated representative, to
represent the City in all matters pertaining to and arising from the work and the
performance of this agreement.
13.2 The City Manager, or his/her designated representative, shall have the following
responsibilities:
13.2.1 Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to
materially delay the work of the Contractor;
13.2.2 Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials,
and other matters pertinent to the work covered by this agreement;
13.2.3 Giving prompt written notice to the Contractor whenever the City officia l
representative knows of a defect or change necessary in the project; and
13.2.4 Coordinating and managing the Contractor’s preparation of any necessary
applications to governmental bodies to arrange for submission of such
applications.
13.3 Until further notice from the City Manager, the designated representative for this
agreement is:
Richard Blankenship
Phone: 772-388-4414
Email: RBlankenship@cityofsebastian.org
The Contractor’s designated representative is:
Stefan Bourgoin
Phone: 229.246.5785
Cell: 256.682.1493
Email: sbourgoin@wiregrasseco.com
Document ID: 107C4CD18767AA8255C583F13C75F925
66
26-02-ITB, Tree Inventory and Condition Assessment Page 10 of 24
SECTION 14 - LIQUIDATED DAMAGES
14.1 Upon failure of the Contractor to complete the project by May 31, 2026, the
Contractor shall pay the City the sum of One Hundred Dollars ($100) for every
calendar day until the project reaches the Substantial Completion Date, as fixed
and agreed liquidated damages and not as a penalty to represent the damages
the City will sustain in the event of delay. The Parties agree and recognize the
impossibility of precisely ascertaining the number of damages the City will sustain
if the Contractor fails to achieve the Substantial Completion Date timely.
14.2 When the Contractor defaults on the Agreement or any material provision thereof
or fails to remedy any deficiency in performance, the City may procure the
necessary supplies or services from an alternative source and hold the contractor
financially responsible for any excess costs incurred. The difference between the
bid price of the product or service and the actual price paid may be deducted from
any current or future obligations owed to the contractor as liquidated damages.
SECTION 15: TERMINATION FOR CAUSE OR CONVENIENCE.
15.1 Notwithstanding any other provision of this agreement, the City shall have the right
at any time to terminate this agreement in its entirety, with or without cause, as
outlined herein.
15.2 WITH CAUSE:If the Contractor is found to have failed to perform services in a
manner satisfactory to the City, the Contractor shall have ten (10) days to correct
deficiencies.
15.2.1 Failure of the Contractor to remedy said specified deficiencies within ten
(10) days of receipt of such notice shall result in the termination of the
agreement, and the City shall be relieved of any responsibilities and
liabilities under the terms and provisions of the contract.
15.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement
without cause with thirty (30) days' written notice to the Contractor. Notice shall be
served to the parties as specified in the agreement.
15.4 EFFECTIVE IMMEDIATELY: This Contract will terminate immediately and
absolutely if the City of Sebastian determines that adequate funds are de-
appropriated such that the City of Sebastian cannot fulfill its obligations under the
Contract, which determination is at the City of Seba
be conclusive. Further, the City of Sebastian may terminate the Contract for any
one or more of the following reasons,effective immediately without advance
notice: (i) In the event the Contractor is required to be certified or licensed as a
condition precedent to providing goods and services, the revocation or loss of such
license or certification may result in immediate termination of the Contract effective
as of the date on which the license or certification is no longer in effect; (ii) The
Document ID: 107C4CD18767AA8255C583F13C75F925
67
26-02-ITB, Tree Inventory and Condition Assessment Page 11 of 24
City of Sebastian determines that the actions, or failure to act, of the Contractor,
its agents, employees or subcontractors have caused, or reasonably could cause,
life, health or safety to be jeopardized; (iii) The Contractor fails to comply with
confidentiality laws or provisions; and/or (iv) The Contractor furnished any
statement, representation or certification in connection with the Contract or the
bidding process which is materially false, deceptive, incorrect or incomplete.
15.5 Upon receipt of notice of termination, the Contractor shall promptly discontinue the
provision of all services unless the notice provides otherwise.
15.6 If this agreement is terminated, the City shall identify any specific purchase
order(s) being terminated and the specific purchase order(s) to be continued to
completion according to the provisions of this agreement.
15.7 This agreement will remain in full force and effect as to all authorized purchase
order(s) to be completed as outlined above.
SECTION 16: PAYMENT IN THE EVENT OF TERMINATION
16.1 In the event this agreement or any purchase order is terminated or canceled before
completion without cause, payment for the unpaid portion of the satisfactorily,
undisputed services provided by the Contractor before the date of termination will
be paid.
SECTION 17: EQUAL OPPORTUNITY EMPLOYMENT
17.1 The Contractor shall not discriminate based on race, color, sex, age, national
origin, religion, and disability or handicap by the provisions of: Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of
1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.),
Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title
49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age
Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title
49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans
with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor
Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state
discrimination statutes. The contractor shall furnish pertinent information regarding
its employment policies and practices and those of their proposed subcontractors
the City may require. The above shall be required of any subcontractor hired by
the Contractor. All equal employment opportunity requirements shall be included
in all non-exempt subcontracts entered into by the Contractor. Subcontracts
entered into by the Contractor shall also include all other applicable labor
provisions. No subcontract shall be awarded to any noncomplying subcontractor.
Additionally, the Contractor shall insert in its subcontracts a clause requiring
subcontractors to include these provisions in any lower tier subcontracts that may
be made. The Contractor shall comply with all state laws and local ordinances.
Document ID: 107C4CD18767AA8255C583F13C75F925
68
26-02-ITB, Tree Inventory and Condition Assessment Page 12 of 24
SECTION 18: INDEMNIFICATION
18.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless
the City, and its officers and employees, from liabilities, damages, losses, and
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or its subcontractors and other persons employed or utilized by the
Contractor or its subcontractors in the performance of the contract; irrespective of
the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting
from, gross negligence or willful, wanton, or intentional misconduct of the City or
its officers, directors, agents, or employees. Upon request of the City, the
Contractor or its subcontractors shall, at no cost or expense to the City, indemnify
and hold the City harmless of any suit asserting a claim for any loss, damage, or
liability specified above, and the Contractor or its subcontractors shall pay any cost
and
any such claim or suit or in enforcing the indemnity granted above. Nothing in this
agreement shall be construed as the City waiving its sovereign immunity under
Florida Statute §768.28 or any other sovereign or governmental immunity, nor an
admission of any liability. This provision shall survive the termination of this
agreement.
SECTION 19: INSURANCE
19.1 The Contractor shall obtain or possess and continuously maintain the following
insurance coverage from a company or companies with a Best Rating of A- or
better, authorized to do business in the State of Florida and a form acceptable to
the City and with only such terms and conditions as may be sufficient to the City:
19.1.1 s Compensation: The Contractor shall provide and maintain
Coverage for all employees for statutory limits as required by the State of
laws. Any policy must include the
limits of $1,000,000 for each accident and a waiver of subrogation.
19.1.2 Comprehensive General Liability: The Contractor shall provide minimum
combined single limits of $1,000,000.00 for each occurrence /
$2,000,000.00 general aggregate for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products & completed operations, broad form property damage,
personal and advertising injury, and contractual liability coverage.
19.1.3 Comprehensive Automobile Liability: The Contractor shall provide minimum
liability limits of $1,000,000.00 for each accident, combined with a single
limit for bodily injury and property damage. This shall include coverage for:
Document ID: 107C4CD18767AA8255C583F13C75F925
69
26-02-ITB, Tree Inventory and Condition Assessment Page 13 of 24
19.1.3.1 Owned Automobiles
19.1.3.2 Hired Automobiles
19.1.3.3 Non-Owned Automobiles
19.1.4 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of
Liability.**This coverage is optional if the CONTRACTOR carries
$2,000,000 Commercial General Liability Insurance with a $2,000,000
general aggregate**
19.1.5 s Compensation to be maintained by the
Contractor shall specifically include the City as an additional insured.
19.2 The Contractor shall provide certificates of insurance to the City, evidencing that
all such insurance is in effect before the issuance of the first purchase order under
this agreement from the City. These certificates of insurance shall become part of
this agreement. Neither approval by the City nor failure to disapprove the insurance
responsibility for performance of any obligation,
indemnification of the City under this agreement. If, during the period which an
insurance company is providing the insurance coverage required by this
agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
as the Contractor knows any such circumstance, immediately notify the City and
immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this agreement.
Until the Contractor has replaced the unacceptable insurer with insurance
acceptable to the City, the Contractor shall be deemed to be in default of this
agreement.
19.3 The insurance coverage shall contain a provision that requires that before any
changes in the coverage, except increases in aggregate coverage, thirty (30) days
prior notice will be given to the City by submission of a new certificate of insurance.
19.4 The Contractor shall furnish a certificate of insurance directly to the City
procurement/contracts manager. The certificates shall indicate that the Contractor
has obtained insurance of the type, amount, and classification required by this
agreement.
19.5 Nothing in this agreement or any action relating to this agreement shall be
Section 768.28,Florida Statutes.
Document ID: 107C4CD18767AA8255C583F13C75F925
70
26-02-ITB, Tree Inventory and Condition Assessment Page 14 of 24
19.6 The City shall not be obligated or liable under the terms of this agreement to any
party other than the Contractor. There are no third-party beneficiaries to this
agreement.
19.7 The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided
in this agreement.
19.8 All insurance shall be primary to, and not contribute to, any insurance or self-
insurance maintained by the City.
SECTION 20: STANDARDS OF CONDUCT
20.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary
or involuntary petition for bankruptcy and/or any insolvency of the Design-Builder
or any of its subcontractors involved in the provision of the Services under this
Agreement.
20.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest
exists concerning the agreement, including, but not limited to, any conflicts that
may be due to the representation of other clients, customers, or vendees, other
contractual relationships of the Contractor, or any interest in property that the
Contractor may have. The Contractor further certifies that any conflict of interest
arising during this agreement's term shall be immediately disclosed in writing to
the City. Violation of this Section shall be considered as justification for immediate
termination of this agreement.
20.3 If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his/her assigned duties or is demonstrating improper
conduct under any assignment or work performed under this agreement, the City
shall notify the Contractor in writing. The Contractor shall immediately remove such
employee or representative of the Contractor from such assignment.
20.4 The Contractor shall not publish any documents or release information regarding
this agreement to the media without prior approval of the City.
20.5 The Contractor shall certify, upon request by the City, that the Contractor maintains
a drug-free workplace policy following Section 287.0878,Florida Statutes. Failure
to submit this certification may result in termination of this agreement.
20.6 If the Contractor or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action will result in termination of this
agreement by the City. Under a contract with any public entity, the contractor,
supplier, or subcontractor may not transact business with any public entity above
the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
TWO for 36 months after being placed on the convicted vendor list.
Document ID: 107C4CD18767AA8255C583F13C75F925
71
26-02-ITB, Tree Inventory and Condition Assessment Page 15 of 24
20.7 Contractor certifies to the best of their knowledge and belief, that they and their
principals (1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any
municipal, City, state or federal department or agency; (2) have not, within a three
year period preceding execution of this agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records; making false statements; or receiving stolen
property; (3) are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (federal, state or local) with commission of any of the
offenses enumerated above; (4) have not within a three year period preceding
execution of this Agreement had one or more public transactions (Federal, State,
or local) terminated for cause or default; and (5) will advise the City immediately if
their status changes and will explain the change in status.
20.8 The City reserves the right to unilaterally terminate this agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials
subject to provisions of Chapter 119,Florida Statutes, and other applicable law,
and made or received by the Contractor in conjunction, in any way, with this
agreement.
20.9 The Contractor shall comply with the requirements of the Americans with
Disabilities Act (ADA), and all related federal or state laws which prohibit
discrimination by public and private entities based on disability.
20.10 The City will not intentionally award publicly-funded contracts to any Contractor
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e)
of the Immigration and Nationally Act (INA). The City shall consider the
employment by the Contractor of unauthorized aliens, a violation of Section
274A(e) of the INA. Such violation by the Contractor of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for immediate termination
of this agreement by the City.
20.11 The Contractor agrees to comply with federal, state, and local environmental,
health, and safety laws and regulations applicable to the goods and/or services
provided to the City. The Contractor agrees that any program or initiative involving
the work that could adversely affect any personnel involved, citizens, residents,
users, neighbors, or the surrounding environment will ensure compliance with all
employment safety, environmental, and health laws.
20.12 The Contractor shall ensure that all goods and/or services are provided to the City
after the Contractor has obtained any permits, licenses, permissions, approvals,
or similar consents at its sole and exclusive expense.
Document ID: 107C4CD18767AA8255C583F13C75F925
72
26-02-ITB, Tree Inventory and Condition Assessment Page 16 of 24
20.13 If applicable, per Section 216.347,Florida Statutes, the Contractor shall not use
funds provided by this agreement to lobby the Legislature, the judicial branch, or
state agency. Furthermore, Contractor shall not, in connection with the contract,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
recommendation, vote, other exercise of discretion, or violation of a known legal
duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or
payment of more than nominal monetary value in cash, travel, entertainment, gifts,
meals, lodging, loans, subscriptions, advances, money deposits, services,
employment, or contracts.
20.14 The Contractor shall advise the City in writing who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or
services to a public entity, or may not transact business with any public entity.
20.15 The Contractor shall not engage in any action that would create a conflict of interest
in the performance of that actions of any City employee or other person during the
performance of, or otherwise related to, this agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112,Florida Statutes,
relating to ethics in government.
SECTION 21: PUBLIC RECORDS
21.1 The Contractor will keep and maintain public records required by the City to
perform the service. Upon
Contractor will provide the City with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise
provided by law. Upon completion of the Agreement, the Contractor will transfer,
at no cost, to the City all public records in possession of the Contractor or keep
and maintain public records required by the City to perform the service. The
Contractor will ensure that the public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law for the term of the Agreement and following completion of the
Agreement if the Contractor does not transfer the records to the City. If the
Contractor keeps and maintains public records upon completion of the Agreement,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
information technology system of the City. If the Contractor does not comply with
s request for public records, the City shall enforce the provisions of the
Agreement per the terms of the Agreement and may terminate the Agreement.
Document ID: 107C4CD18767AA8255C583F13C75F925
73
26-02-ITB, Tree Inventory and Condition Assessment Page 17 of 24
21.2 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT:
SEBASTIAN CITY CLERK
1225 MIAN STREET
SEBASTIAN, FL 32958
TELEPHONE: 772-388-8215
EMAIL:JWILLIAMS@CITYOFSEBASTIAN.ORG
SECTION 22: CODES AND DESIGN STANDARDS
22.1 All services to be performed by the Contractor shall, at a minimum, be in
conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any federal, state, and local
regulatory agencies.
22.2 The Contractor shall be responsible for keeping apprised of any changing laws
applicable to the goods and/or services to be performed under this agreement.
SECTION 23: ASSIGNABILITY
23.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement
or claims for the money due or to become due out of this agreement to a bank,
trust company, or other financial institution without written City approval. When
approved by the City, written notice of such assignment or transfer shall be
furnished promptly to the City.
23.2
programs pertinent to local governments.
SECTION 24: SUBCONTRACTORS
24.1
approval before the Contractor enters a subcontract. Subcontractor information
shall include, but not be limited to, state registrations, business address,
occupational license tax proof of payment, and insurance certifications.
24.2 The Contractor shall coordinate the provision of goods and/or services and work
product of any City approved subcontractors and remain fully responsible for such
goods and/or services and work under the terms of this agreement.
Document ID: 107C4CD18767AA8255C583F13C75F925
74
26-02-ITB, Tree Inventory and Condition Assessment Page 18 of 24
24.3 Any subcontract shall be in writing and shall incorporate this agreement and
responsibilities to the City under this
agreement; it is understood that nothing herein shall in any way relieve the
Contractor from any of its duties under this agreement. The Contractor shall
provide the City with executed copies of all subcontracts.
24.4 The Contractor shall reasonably cooperate with the City and other City Contractors
and professionals.
SECTION 25: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY
TRIAL
25.1 The laws of the State of Florida shall govern the agreement. In the event of
litigation arising under this agreement, the venue of such action shall be an
appropriate State or Federal Court in and for Indian River County, Florida. The
parties agree that in the event of litigation arising from this agreement, each shall
waive any right to trial by jury.
25.2 This agreement is the result of bona fide arms-length negotiations between the
City and the Contractor, and all parties have contributed substantially and
materially to the preparation of the agreement. Accordingly, this agreement shall
not be construed or interpreted more strictly against any one party than against
any other party.
SECTION 26: FORCE MAJEURE
26.1 Neither party shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of such obligations, or any of them,
is delayed or prevented by Force Majeure. Force Majeure shall include, but not
be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic,
pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause
whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the
fault or negligence of the party seeking relief under this Section.
SECTION 27: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
27.1 This agreement and the exhibit(s) constitute the entire integrated agreement
between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This agreement and all the terms and
provisions contained herein, including without limitation the exhibits hereto,
constitute the full and complete agreement between the parties hereto to the date
hereof and supersedes and controls over any prior agreements, understandings,
representations, correspondence, and statements whether written or oral.
Document ID: 107C4CD18767AA8255C583F13C75F925
75
26-02-ITB, Tree Inventory and Condition Assessment Page 19 of 24
27.2 This agreement may only be amended, supplemented, or modified by a formal
written amendment.
27.3 Any alterations, amendments, deletions, or waivers of the provisions of this
agreement shall be valid only when expressed in writing and duly signed by the
parties.
SECTION 28: NOTICES
28.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by email and/or registered United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the place last
specified. The place for giving notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this Section.
28.2 For the present, the parties designate the following as the representative places
for giving of notice, to wit:
TO THE CITY:
City Manager Procurement Manager
City of Sebastian City of Sebastian
1225 Main Street 1225 Main Street
Sebastian, FL 32958 Sebastian, FL 32958
P: 772-388-8231
E:procurement@cityofsebastian.org
TO THE CONTRACTOR:
Project Manager
Wiregrass Ecological Associates
2897 S Jefferson Street
Monticello, FL 32344
P:229-246-5785; 256-682-1493
E:sbourgoin@wiregrasseco.com
28.3 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies
hereunder. The Contractor agrees not to claim any waiver by the City of such
notice requirements based upon the City having actual knowledge, implied, verbal
or constructive notice, lack of prejudice, or any other grounds as a substitute for
the failure of the Contractor to comply with the express written notice requirements
herein. Computer notification (e-mails and message boards) shall not constitute
proper written notice under the terms of the agreement.
Document ID: 107C4CD18767AA8255C583F13C75F925
76
26-02-ITB, Tree Inventory and Condition Assessment Page 20 of 24
SECTION 29: WAIVER
29.1 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
SECTION 30: NO GENERAL CITY OBLIGATION
30.1 In no event shall any obligation of the City under this agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing
power of the City, or a general obligation or indebtedness of the City within the
meaning of the Constitution of the State of Florida or any other applicable laws,
but shall be payable solely from legally available revenues and funds.
30.2 The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
SECTION 31: EXHIBITS
31.1 Each exhibit referred to and attached to this agreement is an essential part of this
agreement. The exhibits and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this agreement.
SECTION 32: SEVERABILITY/CONSTRUCTION
32.1 If any term, provision, or condition contained in this agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this agreement, or the
application of such term, provision, or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable, shall not be affected
thereby, and each term, provision, and condition of this agreement shall be valid
and enforceable to the fullest extent permitted by law when consistent with equity
and the public interest.
32.2 All provisions of this agreement shall be read and applied in para materia with all
other provisions hereof.
SECTION 33: SURVIVAL
33.1 All express representations, waivers, indemnifications, and limitations of liability
included in this agreement shall survive completion or termination of the
agreement for any reason.
Document ID: 107C4CD18767AA8255C583F13C75F925
77
26-02-ITB, Tree Inventory and Condition Assessment Page 21 of 24
IN WITNESS WHEREOF, the parties hereto have made and executed this
agreement on the respective dates under each signature: the City through its City Council
taking action on the _________, day of _________________, 2025 and the Contractor
signing by and through its duly authorized corporate officer having the complete authority
to execute same.
ATTEST: WIREGRASS ECOLOGICAL
ASSOCIATES, LLC
By:
______________________________ ______________________________
Witness Austin Carroll, President
Date: ______________________
ATTEST: CITY OF SEBASTIAN, FL
By:
______________________________ ______________________________
Jeanette Williams, MMC Brian Benton, City Manager
City Clerk
Date: ______________________
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
_________________________________
James D. Stokes
Interim City Attorney
Document ID: 107C4CD18767AA8255C583F13C75F925
ID: 35CB81FE-1055-4F5F-A2DF-...
Digitally signed by
<acarroll@wiregrassecological.com>
December 05, 2025 01:58 PM EST
12/05/2025
ID: 02A18699-105A-4E13-8A82-...
Digitally signed by
<ktubbs@soforest.com>
December 05, 2025 02:04 PM EST
78
26-02-ITB, Tree Inventory and Condition Assessment Page 22 of 24
E
Scope of Services
Document ID: 107C4CD18767AA8255C583F13C75F925
79
26-02-ITB
Page 6 of 30
SECTION 2 SCOPE OF WORK
2.1 SCOPE OF WORK
2.1.1 Public tree inventory projects help communities develop or enhance
inventories/assessments of public trees. Up-to-date inventories help
provide more efficient and effective urban forest management.
2.1.2 Contractor will provide a Tree Inventory capturing detailed information
for each tree in both tabular and GIS formats, including:
A.Software Tree Inventory Application database:The City will work
with the consultant on choosing the software application to be used
for the Tree inventory, such as TreePlotter INVENTORY, i-Tree, or
Trees Count applications, which will store all the tree inventory
information, and will use learning software to provide guidance for
urban planning.
B.Tree Identification Number: Automatically generated by GPS
based on the order of collection
C.Location: Coordinates automatically calculated by GPS
D.Species: Identified by genus and species, including both botanical
and common names
E.Diameter: Measured to the nearest inch at 4 ½ feet above ground
(diameter breast height, DBH)
F.Condition: Rated according to categories adapted from the
International Society of Arboriculture (ISA) rating system:
a.Excellent: 100%
b.Very Good: 90%
c.Good: 80%
d.Fair: 60%
e.Poor: 40%
f.Critical: 20%
g.Dead: 0%
G.Observations:Noted tree defects and impacts to infrastructure,
including:
a.Cavity/Decay
Document ID: 107C4CD18767AA8255C583F13C75F925
80
26-02-ITB
Page 7 of 30
b.Trunk or Limb Damage
c.Co-Dominant Leaders
d.Constricted Roots
e.Uprooted
f.Leaning
g.Reduced Canopy
h.Improperly Pruned
i.Curb/Sidewalk Damage
j.Insect Damage
H.Maintenance Needs: Primary and secondary needs based on ANSI
A-300 standards and arboriculture best practices, including:
a.Clearance Pruning
b.Crown Raising
c.Crown Reduction
d.Restoration Pruning
e.Structure Pruning
f.Crown Cleaning
g.Stump/Tree Removal
h.Pest Control
i.Fertilization
I.Overhead Utilities:Presence of overhead utilities noted
J.Minimum Growing Space:Assigned based on planting space width
to identify current or potential root constriction or infrastructure
damage:
a.Less than 3 feet
b.3 to 5 feet
c.5 to 10 feet
d.Greater than 10 feet
K. Using the collected data, the consultant will prepare a Tree Inventory
Summary Report, including:
a. Hard Copy Report:
Document ID: 107C4CD18767AA8255C583F13C75F925
81
26-02-ITB
Page 8 of 30
i.Color maps with numbered tree locations overlaid on
aerial photographs
ii.Tables displaying data for inventoried trees
b. Digital Report:
i.Digital copies of the report in PDF format and tree
inventory data in ArcGIS Shape File format
ii.Database access for maintenance and updates
2.1.3 Communication plan: provide weekly updates on the status of the
project as needed during the inventory process.
2.2 City of Sebastian - Parks & Recreation Map
2.2.1 The link below provides interactive maps with locations, addresses, and
acreage of each location.
https://cos1225.maps.arcgis.com/apps/dashboards/9f9f0310b0984f15b40
7a1e70ab4da32
2.3 CONTRACTOR MINIMUM QUALIFICATIONS
2.3.1 Must be registered with the State of Florida, Division of Corporations, to do
business in Florida.
2.3.2 Vendor must have been in business under the same FEIN number for past
three (3) years. Evidence should be submitted with the bid submittal.
2.3.3 A successful Bidder will have completed prior tree inventories using FDACS
Forest Service grant funding. Please list these contracts as your references.
2.3.4 One person on the Project Team should be an International Society of
Arboriculture (ISA) Certified Arborist and qualified in Tree Risk Assessment
Qualification (TRAQ). Each team leader shall be an ISA Certified Arborist
at a minimum.
2.3.5 Bidder must be familiar with Tree City, FDACS Forest Service, and U.S.D.A.
guidelines.
2.3.6
they must provide a copy of their business tax receipt.
2.3.7 Bidders that do not meet the minimum requirements listed herein as
determined by the City, at its sole discretion, will be deemed non-responsive
and not considered for award. All decisions made by the City are final.
Document ID: 107C4CD18767AA8255C583F13C75F925
82
26-02-ITB
Page 9 of 30
2.3.8 No contract will be awarded to any bidder who, as determined by the CITY,
has an unsatisfactory performance record, inadequate experience, lack of
organization, labor, and equipment to perform the required services, and is
in arrears to the CITY on a debt or contract or is a defaulter on surety to the
CITY or whether the taxes or assessments are delinquent. The City
has the right to disqualify any bidder who does not meet any or all
qualifications necessary as determined by the City.
2.4 LENGTH OF CONTRACT AND RENEWAL
2.4.1 This project is funded by a Florida Department of Agriculture and Consumer
Services grant. The grant is set to expire on August 31, 2026.
2.4.2 This ITB will result in a one-time agreement to complete the scope of work.
The contract is expected to have a tentative expiration date of May 31,
2026, to allow for the grant close-out process.
2.5 LIQUIDATED DAMAGES
2.5.1 The contractor agrees to the use of liquidated damages in the event the
contractor fails to perform by the provisions herein. The Contractor hereby
agrees, as part consideration for awarding the Agreement, to pay the City
the sum of One-Hundred Dollars ($100.00), for each and every calendar
day that the Contractor shall be in default after the time stipulated in the
Agreement for completing the Work. The Contractor and City acknowledge
and agree that said sum is not a penalty but liquidated damages for breach
of contract
2.5.2 On the occasion where the contractor is in default of the Agreement, or any
material provision thereof, or fails to remedy any deficiency in performance,
the City may procure the necessary supplies or services from an alternative
source and hold the contractor financially responsible for any excess costs
incurred. The difference between the Bid price of the product or service and
the actual price paid may be deducted from any current or future obligations
owed to the contractor as liquidated damages.
2.6 CITY OF SEBASTIAN LOCAL PREFERENCE
Effective October 14, 2009, the City of Sebastian adopted a local vendor
preference. Please see City Code Sec. 2-11. Local Vendor Preference Policy for
more information.
2.7 PROJECT COORDINATION
2.7.1 A City project manager will oversee all assigned work to ensure adherence
submittal of final payment. The project manager will periodically inspect the
Document ID: 107C4CD18767AA8255C583F13C75F925
83
26-02-ITB
Page 10 of 30
work being performed to ensure compliance with the agreement's
requirements. If the requirements are not satisfactorily being met, the City
shall require the contractor to correct any discrepancies, inconsistencies, or
faults immediately at no additional cost. The contractor shall understand
and agree to the following:
A. Contractor shall be solely responsible and assume all liability for the
supervision, direction of all work, and for all means, methods,
techniques, sequences, procedures, and coordination for all services
under the agreement; contractor shall ensure enough personnel,
materials, supplies, means of transportation, tools and equipment are
made available to perform the services; and
B. Contractor shall, at all times, provide an on-site supervisor or authorized
representative who is fluent in English, possesses adequate knowledge
of the work being performed, and holds the authority to make decisions
on behalf of the Contractor; and
C. Contractor shall be solely responsible to the City for the acts and
omissions of their subcontractors, agents, employees, and any other
persons performing any service under this agreement; and
D. The practices, methods, and materials utilized in the work within or
adjacent to any structure must conform to any applicable local, state,
and federal regulations and codes.
2.8 SITE INSPECTION AND DUE DILIGENCE
2.8.1 Bidders are obligated to carefully examine the project specification and
exercise due diligence regarding any and all current and pre-existing
conditions at the project site.
2.8.2 Before submitting their bid, the bidder shall be responsible for visiting the
project site and becoming familiar with any conditions that may affect the
work.
2.8.3 Before the commencement of work, the contractor shall submit photographs
and/or video recordings to the project manager to document any such pre-
existing damage to the roadways, driveways, approaches, tree trucks or
limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements
located at the project site and/or any surrounding areas to be accessed
and/or utilized by the contractor.
2.8.4 Any damage to public and/or private property resulting either directly or
indirectly from the execution of the project by the contractor shall be
Document ID: 107C4CD18767AA8255C583F13C75F925
84
26-02-ITB
Page 11 of 30
repaired or replaced at the sole expense of the contractor in a manner
acceptable to the City.
2.8.5 Failure to properly document such pre-existing conditions and to submit
said documentation as required, may render the contractor liable to repair
any such damage at no expense to the City.
2.8.6 No additional allowance
knowledge of the project requirements and site conditions.
2.9 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of
the work for this bid award. Upon receiving such notice, the contractor will take all
reasonable steps to minimize additional costs during the period of work stoppage.
The City may subsequently either cancel the stop work order resulting in an
equitable adjustment in the delivery schedule and/or the price or terminate the work
in accordance with the provisions of the bid terms and conditions.
2.10 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the
City to purchase these amounts. The City reserves the right to re-negotiate prices
if, during the agreement term, the City purchases more than the estimated
quantities in this bid.
2.11 PROTECTION OF PERSONS AND PROPERTY
While performing services for the City of Sebastian,the awarded contractor shall
be responsible for any damage to the City of Sebastian property, personal property
or visitor property due to any negligence on the part of the awarded contractor, their
employees or other agents. The contractor must reasonably attempt to avoid
damage to City or private property under all conditions. The awarded contractor
agrees to repair or replace, at its own expense, any damage caused by the awarded
contractor, their employees or their agents. The contractor must not drive or park
equipment on grass, sidewalks, or patios. If concerns are raised about excessively
wet conditions on grassy areas, the contractor must contact the project manager
for recommendations or workarounds before commencing the work. Any damages,
including damage to finished surfaces and spilled liquids, resulting from the
performance of the Agreement shall be repaired and/or cleaned to the project
manager's satisfaction. Any public or private property damaged by the contractor
or a representative during the services shall be repaired or replaced to the project
manager's satisfaction at no cost to the City. The project shall not be considered
complete until incurred damages, if any, have been repaired and the worksite is
cleaned to the project manager's satisfaction.
2.12 REMOVAL OF DEBRIS
The contractor shall keep the worksite free and clear of rubbish and debris at all
times during the performance of services. Any material or waste generated by the
Document ID: 107C4CD18767AA8255C583F13C75F925
85
26-02-ITB
Page 12 of 30
contractor or its employees, agents, and Subcontractors shall be removed and
disposed of by the contractor at its expense to the satisfaction of the City. The
contractor assumes all liability for accidents that may occur due to debris,
equipment, tools, and worksite hazards.
2.13 INSURANCE
2.13.1 The City of Sebastian is to be specifically included as an additional insured
on all insurance certificates (except Worker's Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile
Liability. A renewal certificate shall be issued thirty (30) days before said
expiration date. The certificate shall provide a thirty (30) day notification
clause in the event of cancellation or modification to the policy.
2.13.2 Before starting and until acceptance of the work by the City, Awarded
Contractor shall, as a minimum mandatory condition precedent to this work,
procure and maintain insurance of the types and to the limits specified
below, at their own expense and without cost to the City, until final
acceptance by the City of all products or services covered by the purchase
order or contract.
2.13.3 The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
2.13.4 Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide Commercial
General Liability insurance. This shall include premises/operations,
personal & advertising injury, products, completed operations,
contractual liability, specifically confirming and ensuring the
indemnification and hold harmless clause of the contract. This insurance
policy shall be considered primary to and not contributing to any
insurance the City maintains. It shall name the City as an additional
insured with a waiver of subrogation noted on the Certificate of Liability.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
a)Per Occurrence: $1,000,000
General Aggregate: $2,000,000
B. Business Automobile: The contractor shall provide Business Coverage
Automobile Insurance, which shall protect the contractor from claims for
damage for personal injury, bodily injury including accidental death, as
Document ID: 107C4CD18767AA8255C583F13C75F925
86
26-02-ITB
Page 13 of 30
well as claims for property damages which may arise from operations
under this contract whether such operations are by himself or by anyone
directly or indirectly employed by him. Coverage shall include owned,
non-owned, hired and rented vehicles.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
b)Bodily Injury and Property Damage:
Combined Single Limit (each Accident): $1,000,000.00
C. Workers' Compensation: The contractor shall provide and maintain
required by statute and full compliance with the applicable laws of the
State of Florida (Florida Statutes Chapter 440). Exemption certificates
to this requirement are not acceptable.
The Contractor shall obtain insurance that shall at least meet the
following minimum limits:
a)
b) $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
D. Umbrella/ Excess Liability: The contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000 excess of Commercial
General Liability, Automobile Liability and Employers Liability. *This
coverage is optional if the Contractor has $2,000,000 General
Aggregate under the Commercial General Liability Policy. **
E. Professional Liability Insurance or Errors and Omissions Insurance: The
contractor shall provide professional liability insurance, or Errors and
Omissions Insurance, Any deductible is not to exceed $5,000 for each
claim. The consultant represents it is financially responsible for the
deductible amount.
The contractor shall obtain insurance that shall at least meet the
following minimum limits:
a)Each Claim: $1,000,000
b)Annual Aggregate: 2,000,000
2.13.5 An endorsement to the Commercial General Liability or Automobile Liability
property damage and environmental damage resulting from sudden
accidental and gradual pollution and related clean-up cost incurred by the
Contractor that arise from the Goods delivered or Services (including
Document ID: 107C4CD18767AA8255C583F13C75F925
87
26-02-ITB
Page 14 of 30
transportation risk) performed by Contractor under this Contract is also
acceptable.
2.13.6 The Contractor shall declare any self-insured retention or deductible
amount over $5,000 for any policy. The City reserves the right to reject any
self-insured retention or deductible over $5,000.
2.13.7 All insurance carriers shall be rated (A) or better by the most recently
published A.M. Best Rating Guide. Unless otherwise specified, the
contractor shall ensure that all subcontractors comply with the insurance
requirements set forth in this Agreement. The City may request a copy of
the insurance policy according to the nature of the project. The city reserves
the right to accept or reject the insurance carrier.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Document ID: 107C4CD18767AA8255C583F13C75F925
88
26-02-ITB, Tree Inventory and Condition Assessment Page 23 of 24
E B
Price Proposal
Document ID: 107C4CD18767AA8255C583F13C75F925
89
Item No. Location Address Per Location Lump Sum
1 Barber Street Sports Complex 950 Barber St, Sebastian, FL 32958 525.00$
2 Bark Park 245 Keen Ter, Sebastian, FL 32958 525.00$
3 Blossom Street Park 940 Cody Av, Sebastian, FL 32958 400.00$
4 Bryant Park 117 Bryant Ct, Sebastian, FL 32958 525.00$
5 Cheltenham Park 1371 Cownie Ln, Sebastian, FL 32958 200.00$
6 Community Center 1805 N Central Av, Sebastian, FL 32958 150.00$
7 Easy Street Park 458 Easy St, Sebastian, FL 32958 275.00$
8 Filbert Park 170 Filbert St, Sebastian, FL 32958 1,565.00$
Wiregrass ecological Associates
Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs
associated with the performance of the work, such as mobilization and demobilization, the operator, supervision, fuel,
repairs, overhead and profits, insurance, lodging, meals, transportation, rentals, safety gear, telephone costs,
cameras, GPS devices and all other materials, items and miscellaneous expenses associated with providing the
requested services.
Bid Price Sheet
Solicitation # 26-02-ITB
Solicitation Title: Tree Inventory and Condition Assessment
Company Name
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Document ID: 107C4CD18767AA8255C583F13C75F925
90
Wiregrass ecological Associates
Bid Price Sheet
Solicitation # 26-02-ITB
Solicitation Title: Tree Inventory and Condition Assessment
Company Name
9 Fishermans Landing 1540 Indian River Dr, Sebastian, Fl 32958 521.00$
10 Friendship Park/City Hall Campus 1225 Main St, Sebastian, Fl 32958 1,565.00$
11 Garden Club Park 1028 Barber St, Sebastian, Fl 32958 523.00$
12 George Street Park 1270 George St, Sebastian, Fl 32958 395.00$
13 Hardee Park 530 Barber St, Sebastian, FL 32958 1,225.00$
14 Historical Park 630 Schumann Dr, Sebastian, FL 32958 520.00$
15 Kildare Park 130 Kildare Dr, Sebastian, FL 32958 4,175.00$
16 Main Street Boat Ramp 1300 Indian River Dr, Sebastian, FL 32958 521.00$
17 Periwinkle Park 444 Periwinkle Dr, Sebastian, FL 32958 520.00$
18 Pickleball Complex 160 Airport Dr E, Sebastian, FL 32958 135.00$
19 Riverview Park 600 US Highway 1, Sebastian, FL 32958 1,225.00$
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Document ID: 107C4CD18767AA8255C583F13C75F925
91
Wiregrass ecological Associates
Bid Price Sheet
Solicitation # 26-02-ITB
Solicitation Title: Tree Inventory and Condition Assessment
Company Name
20 Schumann Park 1096 Schumann Dr, Sebastian, FL 32958 175.00$
21 Stormwater Treatment Facility 297 Englar Dr, Sebastian, FL 32958 4,180.00$
22 Yacht Club 820 Indian River Dr, Sebastian, FL 32958 275.00$
20,120.00$Total Bid Price
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Document ID: 107C4CD18767AA8255C583F13C75F925
92
26-02-ITB, Tree Inventory and Condition Assessment Page 24 of 24
E C
Solicitation Doucments
Document ID: 107C4CD18767AA8255C583F13C75F925
93
INVITATION TO BID
26-02-ITB
TREE INVENTORY AND CONDITION ASSESSMENT
Contact Person
Jessica Graham, CPPB
Procurement Manager
Phone: (772) 388 8231
Email:procurement@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify Bidders of all changes.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE:Thursday, October 9, 2025 -
PRE-BID MEETING Tuesday, October 21, 2025 10:00 AM Local Time
QUESTION DEADLINE Tuesday, October 28, 2025 2:00 PM Local Time
BID DUE DATE Thursday, November 6, 2025 2:00 PM Local Time
RECOMMENDATION OF AWARD December 2025 6:00 PM Local Time
Document ID: 107C4CD18767AA8255C583F13C75F925
94
26-02-ITB
Page 2 of 30
SECTION 1 INSTRUCTIONS TO BIDDERS
1.1 PURPOSE
1.1.1 The City of Sebastian has obtained a grant from the Florida Department of
Agriculture and Consumer Services for a Public Tree Inventory of trees at
our parks and City Hall. The City of Sebastian is seeking a qualified,
responsible, and responsive company with past performance and
experience providing Public Tree Inventories or Urban Tree Canopy
Assessments.
1.1.2 All solicitations are posted on VendorLink (https://www.myvendorlink.com/).
It is the sole responsibility of interested parties to monitor VendorLink for
solicitation opportunities and updates.
1.2 PRE-BID MEETING
A non-mandatory pre-bid meeting will be held on Tuesday, October 21, 2025, at
10:00 AM local time at the City of Sebastian Council Chambers, 1225 Main Street,
Sebastian, FL 32958.
1.3 QUESTION DEADLINE
1.3.1 The deadline to submit questions will be Tuesday, October 28, 2025, at
2:00 PM local time. Any questions or communication regarding this
at procurement@cityofsebastian.org .
1.3.2 The Bidder is responsible for checking for addenda associated with this
solicitation.
1.4 ELECTRONIC BID SUBMITTAL
1.4.1 All Bids must be submitted via VendorLink electronically
https://www.myvendorlink.com/.
1.4.2 All bids submitted to the city become public records unless exempt under
Florida or other law.
1.4.3 PROPRIETARY INFORMATION: In accordance with Chapter 119 of the
Florida Statutes (Public Records Law), and except as may be provided by
other applicable State and Federal Law, all bid proposers should be aware
that all proposals and the responses thereto are public records and subject
to public inspection. If a proposer believes that any information contained in
a proposal is confidential or proprietary and exempt from public disclosure,
Document ID: 107C4CD18767AA8255C583F13C75F925
95
26-02-ITB
Page 3 of 30
the proposer shall identify specifically any such information contained in
their proposals and cite specifically the applicable exempting law.
1.4.4 PROPERTY OF THE CITY: All proposals received from proposers in
response to this bid proposal will become the property of the City of
Sebastian and will not be returned to the proposers. In the event of contract
award, all documentation produced as part of the contract will become the
exclusive property of the City.
1.4.5 LATE BIDS WILL NOT BE OPENED OR ANNOUNCED.
1.4.6 At its sole discretion, the City may reject any and all bids or accept any bid
or portion thereof deemed to be whatever is in its best interest and to waive
any non-substantial irregularities.
1.1 BID OPENING
1.1.1 All sealed bids are due by Thursday, November 6, 2025, by 2:00 P.M.
local time.
1.1.2 The bid opening will be held virtually. Bids will be opened at 2:10 p.m. local
time. Only the NAME of the company that submitted a response to this
Invitation to Bid will be read aloud.
1.1.3 Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423
dbabea4df
Meeting ID: 136259113
Password: JhzXZgfvah
Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Document ID: 107C4CD18767AA8255C583F13C75F925
96
26-02-ITB
Page 4 of 30
Indian River Press Journal
Date Advertised: Friday, October 10, 2025
CITY OF SEBASTIAN, FLORIDA
NOTICE TO BIDDERS
26-02-ITB
Tree Inventory and Condition Assessment
NOTICE IS HEREBY GIVEN that the City of Sebastian is accepting bids for 26-02-ITB,
Tree Inventory and Condition Assessment. The solicitation document outlining the scope
of services is available from VendorLink (https://www.myvendorlink.com/external/bids).
Bids are due on Thursday, November 6, 2025, at 2:00 p.m. local time.
A non-mandatory pre-bid meeting will be held on Tuesday, October 21, 2025, at 10:00
am local time, located in City Hall (Council Chambers), 1225 Main Street, Sebastian, FL
32958.
Questions are due on Tuesday, October 28, 2025, at 2:00 pm local time. All questions
shall be directed to the Procurement Manager, Jessica Graham, CPPB, at 772-388-8231
or by email at procurement@cityofsebastian.org.
Document ID: 107C4CD18767AA8255C583F13C75F925
97
26-02-ITB
Page 5 of 30
TABLE OF CONTENTS
SECTION 1 INSTRUCTIONS TO BIDDERS 2
LEGAL AD 4
SECTION 2 SCOPE OF WORK 6
SECTION 3 GENERAL TERMS AND CONDITIONS 15
SECTION 4 REQUIRED FORMS 16
CONTACT INFORMATION SHEET 16
CORPORATE RESOLUTION 18
QUALIFICATIONS 19
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 21
CERTIFICATION REGARDING PROHIBITION AGAINST
CONTRACTING WITH SCRUTINIZED COMPANIES 22
APPENDIX A, 44 C.F.R. PART 18 CERTIFICATION REGARDING
LOBBYING 23
CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF
CONCERN PROHIBITED AFFIDAVIT 24
HUMAN TRAFFICKING AFFIDAVIT 25
NOTIFICATIONS AFFIDAVIT 26
REFERENCE LIST 27
SUBCONTRACTOR LIST 28
LOCAL VENDOR PREFERENCE AFFIDAVIT 29
SECTION 5 BID PRICE FORM INSTRUCTION 30
EXHIBIT A ELECTRONIC BID PRICE FORM
EXHIBIT B SAMPLE CONTRACT
Document ID: 107C4CD18767AA8255C583F13C75F925
98
26-02-ITB
Page 6 of 30
SECTION 2 SCOPE OF WORK
2.1 SCOPE OF WORK
2.1.1 Public tree inventory projects help communities develop or enhance
inventories/assessments of public trees. Up-to-date inventories help
provide more efficient and effective urban forest management.
2.1.2 Contractor will provide a Tree Inventory capturing detailed information
for each tree in both tabular and GIS formats, including:
A.Software Tree Inventory Application database:The City will work
with the consultant on choosing the software application to be used
for the Tree inventory, such as TreePlotter INVENTORY, i-Tree, or
Trees Count applications, which will store all the tree inventory
information, and will use learning software to provide guidance for
urban planning.
B.Tree Identification Number: Automatically generated by GPS
based on the order of collection
C.Location: Coordinates automatically calculated by GPS
D.Species: Identified by genus and species, including both botanical
and common names
E.Diameter: Measured to the nearest inch at 4 ½ feet above ground
(diameter breast height, DBH)
F.Condition: Rated according to categories adapted from the
International Society of Arboriculture (ISA) rating system:
a.Excellent: 100%
b.Very Good: 90%
c.Good: 80%
d.Fair: 60%
e.Poor: 40%
f.Critical: 20%
g.Dead: 0%
G.Observations:Noted tree defects and impacts to infrastructure,
including:
a.Cavity/Decay
Document ID: 107C4CD18767AA8255C583F13C75F925
99
26-02-ITB
Page 7 of 30
b.Trunk or Limb Damage
c.Co-Dominant Leaders
d.Constricted Roots
e.Uprooted
f.Leaning
g.Reduced Canopy
h.Improperly Pruned
i.Curb/Sidewalk Damage
j.Insect Damage
H.Maintenance Needs: Primary and secondary needs based on ANSI
A-300 standards and arboriculture best practices, including:
a.Clearance Pruning
b.Crown Raising
c.Crown Reduction
d.Restoration Pruning
e.Structure Pruning
f.Crown Cleaning
g.Stump/Tree Removal
h.Pest Control
i.Fertilization
I.Overhead Utilities:Presence of overhead utilities noted
J.Minimum Growing Space:Assigned based on planting space width
to identify current or potential root constriction or infrastructure
damage:
a.Less than 3 feet
b.3 to 5 feet
c.5 to 10 feet
d.Greater than 10 feet
K. Using the collected data, the consultant will prepare a Tree Inventory
Summary Report, including:
a. Hard Copy Report:
Document ID: 107C4CD18767AA8255C583F13C75F925
100
26-02-ITB
Page 8 of 30
i.Color maps with numbered tree locations overlaid on
aerial photographs
ii.Tables displaying data for inventoried trees
b. Digital Report:
i.Digital copies of the report in PDF format and tree
inventory data in ArcGIS Shape File format
ii.Database access for maintenance and updates
2.1.3 Communication plan: provide weekly updates on the status of the
project as needed during the inventory process.
2.2 City of Sebastian - Parks & Recreation Map
2.2.1 The link below provides interactive maps with locations, addresses, and
acreage of each location.
https://cos1225.maps.arcgis.com/apps/dashboards/9f9f0310b0984f15b40
7a1e70ab4da32
2.3 CONTRACTOR MINIMUM QUALIFICATIONS
2.3.1 Must be registered with the State of Florida, Division of Corporations, to do
business in Florida.
2.3.2 Vendor must have been in business under the same FEIN number for past
three (3) years. Evidence should be submitted with the bid submittal.
2.3.3 A successful Bidder will have completed prior tree inventories using FDACS
Forest Service grant funding. Please list these contracts as your references.
2.3.4 One person on the Project Team should be an International Society of
Arboriculture (ISA) Certified Arborist and qualified in Tree Risk Assessment
Qualification (TRAQ). Each team leader shall be an ISA Certified Arborist
at a minimum.
2.3.5 Bidder must be familiar with Tree City, FDACS Forest Service, and U.S.D.A.
guidelines.
2.3.6
they must provide a copy of their business tax receipt.
2.3.7 Bidders that do not meet the minimum requirements listed herein as
determined by the City, at its sole discretion, will be deemed non-responsive
and not considered for award. All decisions made by the City are final.
Document ID: 107C4CD18767AA8255C583F13C75F925
101
26-02-ITB
Page 9 of 30
2.3.8 No contract will be awarded to any bidder who, as determined by the CITY,
has an unsatisfactory performance record, inadequate experience, lack of
organization, labor, and equipment to perform the required services, and is
in arrears to the CITY on a debt or contract or is a defaulter on surety to the
CITY or whether the taxes or assessments are delinquent. The City
has the right to disqualify any bidder who does not meet any or all
qualifications necessary as determined by the City.
2.4 LENGTH OF CONTRACT AND RENEWAL
2.4.1 This project is funded by a Florida Department of Agriculture and Consumer
Services grant. The grant is set to expire on August 31, 2026.
2.4.2 This ITB will result in a one-time agreement to complete the scope of work.
The contract is expected to have a tentative expiration date of May 31,
2026, to allow for the grant close-out process.
2.5 LIQUIDATED DAMAGES
2.5.1 The contractor agrees to the use of liquidated damages in the event the
contractor fails to perform by the provisions herein. The Contractor hereby
agrees, as part consideration for awarding the Agreement, to pay the City
the sum of One-Hundred Dollars ($100.00), for each and every calendar
day that the Contractor shall be in default after the time stipulated in the
Agreement for completing the Work. The Contractor and City acknowledge
and agree that said sum is not a penalty but liquidated damages for breach
of contract
2.5.2 On the occasion where the contractor is in default of the Agreement, or any
material provision thereof, or fails to remedy any deficiency in performance,
the City may procure the necessary supplies or services from an alternative
source and hold the contractor financially responsible for any excess costs
incurred. The difference between the Bid price of the product or service and
the actual price paid may be deducted from any current or future obligations
owed to the contractor as liquidated damages.
2.6 CITY OF SEBASTIAN LOCAL PREFERENCE
Effective October 14, 2009, the City of Sebastian adopted a local vendor
preference. Please see City Code Sec. 2-11. Local Vendor Preference Policy for
more information.
2.7 PROJECT COORDINATION
2.7.1 A City project manager will oversee all assigned work to ensure adherence
submittal of final payment. The project manager will periodically inspect the
Document ID: 107C4CD18767AA8255C583F13C75F925
102
26-02-ITB
Page 10 of 30
work being performed to ensure compliance with the agreement's
requirements. If the requirements are not satisfactorily being met, the City
shall require the contractor to correct any discrepancies, inconsistencies, or
faults immediately at no additional cost. The contractor shall understand
and agree to the following:
A. Contractor shall be solely responsible and assume all liability for the
supervision, direction of all work, and for all means, methods,
techniques, sequences, procedures, and coordination for all services
under the agreement; contractor shall ensure enough personnel,
materials, supplies, means of transportation, tools and equipment are
made available to perform the services; and
B. Contractor shall, at all times, provide an on-site supervisor or authorized
representative who is fluent in English, possesses adequate knowledge
of the work being performed, and holds the authority to make decisions
on behalf of the Contractor; and
C. Contractor shall be solely responsible to the City for the acts and
omissions of their subcontractors, agents, employees, and any other
persons performing any service under this agreement; and
D. The practices, methods, and materials utilized in the work within or
adjacent to any structure must conform to any applicable local, state,
and federal regulations and codes.
2.8 SITE INSPECTION AND DUE DILIGENCE
2.8.1 Bidders are obligated to carefully examine the project specification and
exercise due diligence regarding any and all current and pre-existing
conditions at the project site.
2.8.2 Before submitting their bid, the bidder shall be responsible for visiting the
project site and becoming familiar with any conditions that may affect the
work.
2.8.3 Before the commencement of work, the contractor shall submit photographs
and/or video recordings to the project manager to document any such pre-
existing damage to the roadways, driveways, approaches, tree trucks or
limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements
located at the project site and/or any surrounding areas to be accessed
and/or utilized by the contractor.
2.8.4 Any damage to public and/or private property resulting either directly or
indirectly from the execution of the project by the contractor shall be
Document ID: 107C4CD18767AA8255C583F13C75F925
103
26-02-ITB
Page 11 of 30
repaired or replaced at the sole expense of the contractor in a manner
acceptable to the City.
2.8.5 Failure to properly document such pre-existing conditions and to submit
said documentation as required, may render the contractor liable to repair
any such damage at no expense to the City.
2.8.6 No additional allowance
knowledge of the project requirements and site conditions.
2.9 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of
the work for this bid award. Upon receiving such notice, the contractor will take all
reasonable steps to minimize additional costs during the period of work stoppage.
The City may subsequently either cancel the stop work order resulting in an
equitable adjustment in the delivery schedule and/or the price or terminate the work
in accordance with the provisions of the bid terms and conditions.
2.10 QUANTITIES
Any quantities identified in this bid are estimates only and in no way obligate the
City to purchase these amounts. The City reserves the right to re-negotiate prices
if, during the agreement term, the City purchases more than the estimated
quantities in this bid.
2.11 PROTECTION OF PERSONS AND PROPERTY
While performing services for the City of Sebastian,the awarded contractor shall
be responsible for any damage to the City of Sebastian property, personal property
or visitor property due to any negligence on the part of the awarded contractor, their
employees or other agents. The contractor must reasonably attempt to avoid
damage to City or private property under all conditions. The awarded contractor
agrees to repair or replace, at its own expense, any damage caused by the awarded
contractor, their employees or their agents. The contractor must not drive or park
equipment on grass, sidewalks, or patios. If concerns are raised about excessively
wet conditions on grassy areas, the contractor must contact the project manager
for recommendations or workarounds before commencing the work. Any damages,
including damage to finished surfaces and spilled liquids, resulting from the
performance of the Agreement shall be repaired and/or cleaned to the project
manager's satisfaction. Any public or private property damaged by the contractor
or a representative during the services shall be repaired or replaced to the project
manager's satisfaction at no cost to the City. The project shall not be considered
complete until incurred damages, if any, have been repaired and the worksite is
cleaned to the project manager's satisfaction.
2.12 REMOVAL OF DEBRIS
The contractor shall keep the worksite free and clear of rubbish and debris at all
times during the performance of services. Any material or waste generated by the
Document ID: 107C4CD18767AA8255C583F13C75F925
104
26-02-ITB
Page 12 of 30
contractor or its employees, agents, and Subcontractors shall be removed and
disposed of by the contractor at its expense to the satisfaction of the City. The
contractor assumes all liability for accidents that may occur due to debris,
equipment, tools, and worksite hazards.
2.13 INSURANCE
2.13.1 The City of Sebastian is to be specifically included as an additional insured
on all insurance certificates (except Worker's Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile
Liability. A renewal certificate shall be issued thirty (30) days before said
expiration date. The certificate shall provide a thirty (30) day notification
clause in the event of cancellation or modification to the policy.
2.13.2 Before starting and until acceptance of the work by the City, Awarded
Contractor shall, as a minimum mandatory condition precedent to this work,
procure and maintain insurance of the types and to the limits specified
below, at their own expense and without cost to the City, until final
acceptance by the City of all products or services covered by the purchase
order or contract.
2.13.3 The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
2.13.4 Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide Commercial
General Liability insurance. This shall include premises/operations,
personal & advertising injury, products, completed operations,
contractual liability, specifically confirming and ensuring the
indemnification and hold harmless clause of the contract. This insurance
policy shall be considered primary to and not contributing to any
insurance the City maintains. It shall name the City as an additional
insured with a waiver of subrogation noted on the Certificate of Liability.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
a)Per Occurrence: $1,000,000
General Aggregate: $2,000,000
B. Business Automobile: The contractor shall provide Business Coverage
Automobile Insurance, which shall protect the contractor from claims for
damage for personal injury, bodily injury including accidental death, as
Document ID: 107C4CD18767AA8255C583F13C75F925
105
26-02-ITB
Page 13 of 30
well as claims for property damages which may arise from operations
under this contract whether such operations are by himself or by anyone
directly or indirectly employed by him. Coverage shall include owned,
non-owned, hired and rented vehicles.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
b)Bodily Injury and Property Damage:
Combined Single Limit (each Accident): $1,000,000.00
C. Workers' Compensation: The contractor shall provide and maintain
required by statute and full compliance with the applicable laws of the
State of Florida (Florida Statutes Chapter 440). Exemption certificates
to this requirement are not acceptable.
The Contractor shall obtain insurance that shall at least meet the
following minimum limits:
a)
b) $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
D. Umbrella/ Excess Liability: The contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000 excess of Commercial
General Liability, Automobile Liability and Employers Liability. *This
coverage is optional if the Contractor has $2,000,000 General
Aggregate under the Commercial General Liability Policy. **
E. Professional Liability Insurance or Errors and Omissions Insurance: The
contractor shall provide professional liability insurance, or Errors and
Omissions Insurance, Any deductible is not to exceed $5,000 for each
claim. The consultant represents it is financially responsible for the
deductible amount.
The contractor shall obtain insurance that shall at least meet the
following minimum limits:
a)Each Claim: $1,000,000
b)Annual Aggregate: 2,000,000
2.13.5 An endorsement to the Commercial General Liability or Automobile Liability
property damage and environmental damage resulting from sudden
accidental and gradual pollution and related clean-up cost incurred by the
Contractor that arise from the Goods delivered or Services (including
Document ID: 107C4CD18767AA8255C583F13C75F925
106
26-02-ITB
Page 14 of 30
transportation risk) performed by Contractor under this Contract is also
acceptable.
2.13.6 The Contractor shall declare any self-insured retention or deductible
amount over $5,000 for any policy. The City reserves the right to reject any
self-insured retention or deductible over $5,000.
2.13.7 All insurance carriers shall be rated (A) or better by the most recently
published A.M. Best Rating Guide. Unless otherwise specified, the
contractor shall ensure that all subcontractors comply with the insurance
requirements set forth in this Agreement. The City may request a copy of
the insurance policy according to the nature of the project. The city reserves
the right to accept or reject the insurance carrier.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Document ID: 107C4CD18767AA8255C583F13C75F925
107
26-02-ITB
Page 15 of 30
Section 3 General Terms and Conditions
Interested bidders must visit the website below to view the General Terms and
Conditions.
Link:https://www.cityofsebastian.org/548/Terms-and-Conditions
Document ID: 107C4CD18767AA8255C583F13C75F925
108
26-02-ITB
Page 16 of 30
SECTION 4
REQUIRED
FORMS
Document ID: 107C4CD18767AA8255C583F13C75F925
109
Document ID: 107C4CD18767AA8255C583F13C75F925
110
Document ID: 107C4CD18767AA8255C583F13C75F925
111
Document ID: 107C4CD18767AA8255C583F13C75F925
112
Document ID: 107C4CD18767AA8255C583F13C75F925
113
Document ID: 107C4CD18767AA8255C583F13C75F925
114
Document ID: 107C4CD18767AA8255C583F13C75F925
115
26-02-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 22 of 30
CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING
WITH SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit have been placed on the Scrutinized
Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are
engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more,
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit are on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business
operations in Cuba or Syria as defined in said statute.
I understand and agree that the City may immediately terminate any contract resulting from this
solicitation upon written notice if the undersigned entity (or any of those related entities of
respondent as defined above by Florida law) are found to have submitted a false certification or
any of the following occur with respect to the company or a related entity: (i) it has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii)
for any contract for goods or services of one million dollars or more, it has been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business
operations in Cuba or Syria.
Authorized Signature
Printed Name & Title
Date
Document ID: 107C4CD18767AA8255C583F13C75F925
116
Document ID: 107C4CD18767AA8255C583F13C75F925
117
Document ID: 107C4CD18767AA8255C583F13C75F925
118
Document ID: 107C4CD18767AA8255C583F13C75F925
119
Document ID: 107C4CD18767AA8255C583F13C75F925
120
Document ID: 107C4CD18767AA8255C583F13C75F925
121
Document ID: 107C4CD18767AA8255C583F13C75F925
122
Document ID: 107C4CD18767AA8255C583F13C75F925
123
26-02-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 30 of 30
SECTION 5 BID PRICE FORM
The Electronic Price Sheet, Exhibit A, is in Excel Format. Bidders must upload their
completed price sheet in .xlsx or .xls format to VendorLink. The price sheet includes the
following worksheet:
1. Tree Inventory
a.Pricing on this worksheet is MANDATORY.
b. This pricing is all-inclusive. All rates include all costs associated with the
work's performance, such as mobilization, demobilization, fuel, insurance,
overhead and profits, lodging, meals, transportation (including trip charges),
rentals, safety gear, telephone costs, and all other materials, items, and
miscellaneous expenses.
The Bid Prices shall remain good for ninety (90) days after the due date of this ITB.
The Bidder certifies that the price quoted represents and includes the entirety of the work,
fees, profit, overhead, general requirements, general conditions, etc., of the project per
the ITB documents. By affixing their signature to the Bid Price Sheet, the Bidder hereby
states that they have read all bid specifications, terms, and conditions outlined in the
Invitation to Bid and agree to such. Bidder also declares that the individual signing this
Bid Price Sheet has the legal capacity to sign on behalf of Bidder and to obligate Bidder
contractually.
Bidder Name:
Signature:Date:
Print Name:Title:
Document ID: 107C4CD18767AA8255C583F13C75F925
124
ADDENDUM NO. 1
POSTING DATE: October 27, 2025
26-02-ITB
TREE INVENTORY AND CONDITION ASSESSMENT
The original Invitation to Bid shall remain in full force and effect, except as modified herein, which
shall take precedence over any contrary provisions in the prior documents.
SECTION I: CLARIFICATIONS
N/A
SECTION II: QUESTIONS
Question 1:Does the City have an estimated total tree count?
Answer:No
Question 2:Is there a required deadline for completion of the tree inventory? Is that May 31,
2026?
Answer:The contract is expected to have a tentative expiration date of May 31, 2026, to allow
for the grant close-out process.
Question 3:Can the City share an estimated budget for this project?
Answer:The budget is $62,500. As this project is grant-funded, awards will NOT exceed the
estimated budget.
Question 4:Are all trees in the wetland area required to be collected at the Stormwater
Treatment Facility?
Answer:No, a general analysis of Stormwater Park is logical using a 50 ft perimeter and aerial
means.
Question 5:We noticed a lot of the larger parcels are naturalized vegetation and trees, what is
the City's expectation on surveying those areas? Is there a size threshold or proximity to
structure pathways for trees to include in those areas?
Answer:Those parcels that are dense with vegetation the city expects a general count and
conditions analysis based on a 50 ft. perimeter and aerial analysis.
Question 6:Are the Items in Section H: Maintenance Needs supposed to be recommended or
performed as part of this contract?
Answer:We are looking for maintenance recommendations.
Document ID: 107C4CD18767AA8255C583F13C75F925
125
Question 7:Would the City of Sebastian please remove any reference to liquidated damages?
We believe they are not applicable to the services of design professionals, as we do not
control, set, or manage the Project schedule this is a contractor-specific issue and should be
removed from our contract.
Answer:No
Question 8:As currently worded, we believe that the indemnity provision (Section 17 / Article
1, located on page 11 of the Sample Contract) of the proposal is not in compliance with FL
Statute 725.08 and is unenforceable. Would the City of Sebastian consider rewording same to
conform with the statute?
professional shall indemnify and hold harmless the City of Sebastian , and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the design professional and other persons employed or
utilized
Answer:The indemnity language does comply with Florida statutes. Our language requires
the contractor and subcontractors to indemnify and hold the city harmless. By indemnifying
and holding the City harmless the contractor and subcontractors are defending the city from
third-party claims relating to damage, loss, injuries, etc.
Question 9:To ensure bidders proposals align accurately with the project scope, could you
please confirm the total number of trees that are expected to be inventoried under this bid?
Answer:The City does not have a total tree count. The awarded contractor will be responsible
for inventorying and assessing the trees at the locations identified on the bid price sheet.
Question 10:Are trees within natural areas / Preserves/wetlands requiring assessment? If so,
please provide the approximate number of trees found within each of these areas. If not, can
we assume that only trees within the parking areas of these areas will need to be inventoried?
Answer:Please refer to questions 4 and 5.
SECTION III: REVISIONS TO THE SCOPE OF WORK
N/A
SECTION IV: ATTACHMENTS
N/A
Sincerely,
Jessica Graham, CPPB
Procurement Manager
Digitally signed by
Jessica Graham
Date: 2025.12.02
16:16:07 -05'00'
Document ID: 107C4CD18767AA8255C583F13C75F925
126
ADDENDUM NO. 2
POSTING DATE: October 31, 2025
26-02-ITB
TREE INVENTORY AND CONDITION ASSESSMENT
The original Invitation to Bid shall remain in full force and effect, except as modified herein, which
shall take precedence over any contrary provisions in the prior documents.
SECTION I: CLARIFICATIONS
There is a typo on the Contact Information Sheet. The Contact Information Sheet lists Friday,
November 14, 2025, as the due date.THAT IS INCORRECT. The due date is Thursday,
November 6, 2025, as listed in the Proposed Schedule, Legal Ad, and Instructions to Bidders.
A revised Contact Information Sheet is included with this addendum.
SECTION II: QUESTIONS
N/A
SECTION III: REVISIONS TO THE SCOPE OF WORK
N/A
SECTION IV: ATTACHMENTS
Revised Contact Information Sheet
Sincerely,
Jessica Graham, CPPB
Procurement Manager
Digitally signed by
Jessica Graham
Date: 2025.12.02
16:16:07 -05'00'
Document ID: 107C4CD18767AA8255C583F13C75F925
127
26-02-ITB
Failure to complete and submit this form with your bid package may result in the rejection of your bid Page 17 of 30
CONTACT INFORMATION SHEET
DUE DATE: Thursday, November 6, 2025
Bids due on or before 2:00 PM LOCAL TIME
Proposals must be submitted electronically via
VendorLink
Check the Addenda for any revised opening dates
before submitting your bid.Bid(s) received after the
date and time stated above will not be opened.
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
ITB TITLE: Tree Inventory and Condition Assessment
ITB NO.: 26-02-ITB
Bidder
Federal Tax Identification Number:
Unique Entity ID (SAM.GOV):
Address:
City: State: Zip Code:
Telephone No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the ITB document and associated documents, including the Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful
to the best of my knowledge and belief, and that I am duly authorized to submit this bid on behalf of the bidder
named above, and that the bidder is ready, willing, and able to perform if awarded.
In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish
the goods and /or services specified in the ITB at the prices or rates in my bid, and prices will remain for a period
of ninety (90) days to allow the City adequate time to evaluate the bid.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
___________________________________________________________
Title Date
Each bid submittal must include the signature of an officer or employee with the authority to bind the
contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall
be provided. The bid submittal shall be marked non-responsive if a Corporate Resolution cannot be provided .
The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's
best interest and waive any non-substantial irregularities.
Document ID: 107C4CD18767AA8255C583F13C75F925
128
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jeffrey Sabo, Airport Manager
SUBJECT
Consideration of a New Lease for Hayburn Asset
Management, LLC, for a Hangar at Sebastian Municipal
Airport
EXECUTIVE SUMMARY
Staff is requesting consideration of a new lease for one of our recently completed Square Hangars.
Hayburn Asset Management, LLC is a current aviation business tenant at the Sebastian Municipal
Airport, involved in aircraft management, air charter, and maintenance. They are preparing to build a
hangar complex on two leased parcels to handle anticipated growth of their business. To
accommodate their immediate needs until the new parcels are completed, they have requested to
lease one of our new Square Hangars on the west side of the airfield for at least a one-year term.
RECOMMENDATION
Staff recommends approval of the new lease for Hangar G3 at 70 Airport Drive West, at Sebastian
Municipal Airport.
ATTACHMENTS: 1. Hangar G3 Square Hangar Lease
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
$0 $0 N/A
Additional Funds Needed: $ 0.00
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
DATE December 17, 2025
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jeffrey Sabo, Airport Director
SUBJECT
Consideration of Resolution R-25-48 to accept FDOT
Public Transportation Grant Agreement (PTGA) –
Construct Terminal Apron Expansion, Giving Approval
for the City Manager to Execute
EXECUTIVE SUMMARY
Staff requests consideration of Resolution No. R-25-48 to accept a Public Transportation Grant
Agreement (PTGA) FM453365-1-94-01, which will allow the airport to begin the construction
process for enhancing and expanding the aircraft parking apron at the Sebastian Municipal
Airport Terminal Building. The current apron space and layout only allows secure parking for six
(6) aircraft. With strategic additions to the asphalt surface and a new layout, the available parking
will be doubled to twelve (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 $1,110,000
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%, which is $27,750. This Resolution will accept the PTGA grant
453365-1-94-01 of $27,750 from FDOT. The FAA grant pre-application has been submitted and
should be processed in the coming months.
RECOMMENDATION
Staff recommends approval of Resolution R-25-48 to accept the PTGA Grant Agreement, in the
amount of $27,750, from FDOT to Construct Terminal Apron Expansion.
ATTACHMENTS:
1. Resolution No. R-25-48
2. PTGA FM453365-1-94-01
FUNDING SOURCE:
Expenditure required Amount Budgeted: Funding source
$1,110,000 $1,110,000 $1,054,500 FAA Grant
$27,750 FDOT Grant
146
$27,750 Airport Operating
Additional Funds Needed: $ 0.00
147
RESOLUTION NO. R-25-48
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 FM453365-1-94-01 “CONSTRUCT TERMINAL APRON
EXPANSION” AT THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR CONFLICT; 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)
FM453365-1-94-01 in the amount of $27,750, for the Construction 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 $27,750 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 BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute
said Public Transportation Grant Agreement #FM453365-1-94-01 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.
148
The foregoing Resolution was moved for adoption by Council Member
______________________________.
The motion was seconded by Council Member _____________________ and, upon put to
a vote, the vote was as follows:
Mayor Fred Jones __________
Vice Mayor Bob McPartlan __________
Council Member Ed Dodd __________
Council Member Sherri Matthews __________
Council Member Chris Nunn __________
The Mayor thereupon declared this resolution duly passed and adopted this
____________day of December, 2025.
CITY OF SEBASTIAN, FLORIDA
______________________________
Mayor Fred Jones
ATTEST:
_________________________
Catherine Testa, Acting City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
_______________________________
James D. Stokes, Interim City Attorney
149
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
Financial Project Number(s):
(item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719
453365-1-94-01 Work Activity Code/Function: 215 Object Code: 740100
Federal Award
Identification Number (FAIN) – Transit only:
N/A
Org. Code: 55042010429
Vendor Number: VF596000427008
Contract Number: 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 PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into
_ __ _, by and between the State of Florida, Department of Transportation,
(“Department”), and City of Sebastian, (“Agency”). The Department and the Agency are sometimes referred to
in this Agreement as a “Party” and collectively as the “Parties.”
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section (s) 332.007,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation
in Construct 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 40
150
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
Exhibit E3: Geoengineering and Weather Modification Reporting (Aviation)
Exhibit E4: Energy Policy Goals Reporting
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 January 31, 2028. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the day of ,
or within days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. T his 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
Page 2 of 40
151
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
a. The estimated total cost of the Project is $1,110,000. 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
$27,750 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.
Page 3 of 40
152
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department’s
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department’s Disbursement Handbook
for Employees and Managers.
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time -
frame to be specified by the Department. The Agency shall, within thirty (30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement’s term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department’s receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoic e 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
Page 4 of 40
153
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
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.
l. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120 -day time
period may not be paid.
m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department’s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department’s
project manager must be received prior to costs being incurred by the Agency. See Exhibit
“B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year . In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years ; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
Page 5 of 40
154
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project
Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency’s design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department’s Right-of-
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department’s right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
i. Require the construction work of the Project that is on the Department’s right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. Agency has selected to apply a de minimus rate of 15% 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.
Page 6 of 40
155
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
best efforts to obtain the Department’s input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the
Agency’s purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency’s
full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive
Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants’ Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
Page 7 of 40
156
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agr eement.
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:
Page 8 of 40
157
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F –
Audit Requirements, monitoring procedures may include but not be limited to on -site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
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:
i. In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F – Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F –
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAudit@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 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 FDOTSingleAudit@dot.state.fl.us within the earlier of
Page 9 of 40
158
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
30 calendar days after receipt of the auditor’s report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency’s audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
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
FDOTSingleAudit@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 of 40
159
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
i. 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
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Agency’s audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency’s resources (i.e., the cost of such an audit must be paid from the
Agency’s resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit@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_localgovt@aud.state.fl.us
v. Any copies of financial reporting packages, reports , or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
Page 11 of 40
160
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Agency’s
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency’s
records, including financial statements, the independent auditor’s working papers ,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties’ respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
Page 12 of 40
161
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
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, Fl orida
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 re muneration 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 re muneration 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:
Page 13 of 40
162
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
i. “Officer” means a chief executive officer, chief financial officer, chief operating officer,
or any other position performing and equivalent function.
ii. “Remuneration” means all compensation earned by or awarded to personnel, whether
paid or accrued, regardless of contingency, including bonuses, accrued paid time off,
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.
iii. “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 for 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 ai rport 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. 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”),
Page 14 of 40
163
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
ensure that such employees are covered by Workers’ Compensation Insurance through the
PEO’s or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida’s Workers'
Compensation law.
c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under th is 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 desc ribed 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 dedu ctibles 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
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 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
Page 15 of 40
164
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
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
Page 16 of 40
165
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 10/25
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY City of Sebastian
By:
Name:
Title:
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By:
Name: John P. Krane, P.E.
Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
Page 17 of 40
166
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency’s project to provide context, description of project components funded
via this Agreement (if not the entire project)): Construct 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 Aviatio n
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 in spection 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 concret e, 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 of 40
167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 of 40
168
Page 20 of 40
169
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial
Management
Number
Fund
Type
FLAIR
Category
State
Fiscal
Year
Object
Code
CSFA/
CFDA
Number
CSFA/CFDA Title or
Funding Source
Description
Funding
Amount
453365-1-94-01
453365-1-94-01
453365-1-94-01
DPTO
FAA
LF
088719
088719
088719
2026
2026
2026
740100
740100
740100
N/A
N/A
N/A
N/A
N/A
N/A
$27,750.00
$1,054,500.00
$27,750.00
Total Financial Assistance $1,110,000.00
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 $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Environmental/ Design/
Construction
$0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Capital Equipment/
Preventative Maintenance
$0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Match to Direct Federal
Funding
$27,750.00 $27,750.00 $1,054,500.00 $1,110,000.00 2.50 2.50 95.00
Mobility Management
(Transit Only)
$0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Totals $27,750.00 $27,750.00 $1,054,500.00 $1,110,000.00
*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)
Common Name/UZA Name
(Transit Only)
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be
allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Carlos Castro
Department Grant Manager Name
Signature Date
Page 21 of 40
170
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
Page 22 of 40
171
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 Proj ect.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the
Agency for the design phase or other non-construction phases of the Project. If the Project
involves a construction phase, the Agency shall not begin the construction phase of the Project
until the Department issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement, the Agency shall request a
Notice to Proceed from the Department’s Project Manager, Carlos Castro (email:
Carlos.Castro@dot.state.fl.us) or from an appointed designee. Any construction phase work
performed prior to the execution of this required Notice to Proceed is not subject 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 no tification 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 23 of 40
172
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 p rovide 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 Carlos Castro.
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 res ponsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT
plan shall be in accordance with the latest version of the Department Design Standards, Index
600 series. Any MOT plan developed by the Agency that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
f. The Agency shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans.
All utility conflicts shall be fully resolved directly with the applicable utility.
g. The Agency will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department’s right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall
operate to create or vest any property right to or in the Agency, except as may otherwise be
provided in separate agreements. The Agency shall not acqu ire any right, title, interest or
Page 24 of 40
173
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 Pa rties 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 dur ing 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, a dministrative,
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.
l. 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 timel y 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 25 of 40
174
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 26 of 40
175
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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.
By: , P.E.
SEAL: Name:
Date:
Page 27 of 40
176
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
Page 28 of 40
177
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 29 of 40
178
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
b. Florida Administrative Code (FAC)
• Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of
Local Government Comprehensive Plans and Amendments
• Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection
• Section 62-256.300, FAC, Open Burning, Prohibitions
• Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport
Safety
c. Local Government Requirements
• Airport Zoning Ordinance
• Local Comprehensive Plan
d. Department Requirements
• Eight Steps of Building a New Airport
• Florida Airport Revenue Use Guide
• Florida Aviation Project Handbook
• Guidebook for Airport Master Planning
• Airport Compatible Land Use Guidebook
2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all
design plans and specifications will comply with applicable federal, state, local, and professional standards, as
well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto,
including but not limited to, the following:
a. Federal Requirements
• FAA AC 70/7460-1, Obstruction Marking and Lighting
• FAA AC 150/5300-13, Airport Design
• FAA AC 150/5370-2, Operational Safety on Airports During Construction
• FAA AC 150/5370-10, Standards for Specifying Construction of Airports
b. Local Government Requirements
• Local Building Codes
• Local Zoning Codes
c. Department Requirements
• Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (Commonly Referred to as the “Florida Green Book”)
• Manual on Uniform Traffic Control Devices
• Section 14-60.007, FAC, Airfield Standards for Licensed Airports
• Standard Specifications for Construction of General Aviation Airports
• Design Guidelines & Minimum Standard Requirements for T-Hangar Projects
3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with
applicable federal and/or state policies, regulations, and laws, including but not limited to the following:
a. Federal Requirements
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
• National Environmental Policy of 1969
• FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects
• FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
• Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
• Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
• Section 286.23, F.S., Public Business: Miscellaneous Provisions
Page 30 of 40
179
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 identifie d 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 31 of 40
180
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 32 of 40
181
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 33 of 40
182
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 applicab le 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 34 of 40
183
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 35 of 40
184
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 applicatio n 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 fund ing
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 36 of 40
185
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 B .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 constr ucted,
reconstructed, or repaired with state financial assistance at the airport.
Page 37 of 40
186
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 38 of 40
187
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 t o 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 39 of 40
188
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 10/25
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 h our, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at
this web address: https://myfloridacfo.com/docs-sf/accounting-and-auditing-
libraries/manuals/agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_6
Page 40 of 40
189