HomeMy WebLinkAbout09-30-2022 CRA Agenda• Saturday, October 15th — 2nd Annual Unity Cup Golf Tournament Fundraiser for the
COPE Unit — 7:OOam — 3:OOpm — Sebastian Municipal Golf Course - Check -In &
breakfast begins at 7:O0am with a shotgun start at 7:45am - Hole in one prize will be a
brand new Honda automobile! Other prizes for 1st and 2nd place and prizes.for the
longest drive and closest to the hole!
6. Recess City Council Meeting and Convene as Community Redevelopment Agency a
pgs 9-12 A. Approval of Minutes —July 27, 2022 CRA Meeting
pgs 13-17 B. Conduct Public Hearing on CRA Budget for FY2023 — CRA Resolution No.
R-23-01 (Transmittal, R-23-01, Exhibit A)
A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY
REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023;
MAKING FINDINGS; AUTHORIZING AMENDMENTS AND TRANSFERS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING AN EFFECTIVE DATE.
pgs 18-25 C. Septic -to -Sewer Grant Program
i. Approve Grant Request for 1716 U.S. Highway I — Krasco Real
Investments, Inc. (Transmittal, Application, Quote, Tax Receipt, Deed,
Letter)
pgs 26-67 D. Approve DEO Grant Agreement for Riverfront CRA Sustainable Economic
Redevelopment Plan (Transmittal, Contract, Letter)
pgs 68-80 E. Approve CSA #4 GAI Consultants, Inc. Community Solutions Group (GAI/CSG)
DEO FY 2022-2023 Community Planning Technical Assistance Grant
(Transmittal, CSA#4, Ex. A)
7. Adjourn Community Redevelopment Agency Meeting and Reconvene as City i
Council
8. PUBLIC HEARING
A. Final Hearing on Millaue for Calendar Year 2022 and FY 2022/2023 Budget
i. Attorney advises Council on Procedure for Millage/Budget Hearing and
Reads Titles for Resolutions R-22-25 and R-22-26
ii. City Manager Announces the Millage Tax Rate of TWO POINT NINE
ZERO FIVE (2.9050) MILLS is 8.26% Higher than the "Rolled -Back"
Tax Rate of 2.6834 and is being Recommended as the Final Millage Tax
Rate. This and all other General Fund Estimated Revenue Sources are
Anticipated to be Sufficient to Cover Recommended Operating
Expenditures and Maintain the Amount of Accumulated Emergency
Reserves
CM OF
SEBAS-T�"
HOME OF PELICAN ISLAND
COMMUNITY REDEVELOPMENT AGENCY
1225 Main Street, Sebastian, FL 32958
The attached July 27, 2022 Community Redevelopment Agency minutes were
approved at the September 28, 2022 Community Redevelopment Agency meeting.
Chairman Jim Hill
ATTEST:
Jeanette Williams, City Clerk
Regular City Council & CRA Meeting
July 27, 2022
Page 3
Vice Mayor Jones said he was in favor of moving forward
Council Member McPartlan said he was in favor of moving forward; he would
like to see the questions on page 21 answered and posted on the website; and, he
would like to have two annexation agreement workshops prior the finalization.
The City Manager reported that the meetings with the County were vety
informative, and cordial. At the meetings, the County requested planning numbers
regarding the utilities.
Council Member McPartlan suggested that the�CuwaakAdministrator might come
to do a presentation on what has been agreed upon or the problem areas.
The City Manager said he would have staff prepare the documents for the next
step.
BriefAnnouncements:
Friday, August 5 — Sebastian Police Department Back 1 School Fun Day — Barber Street
Sports Complex — 11 ant to 1 pin (hot dogs, snow cones, water activities, school supply
giveaways)
Friday, August 11 Sebastian River Area Grill Out Night — Various Conununity
Businesses — 5:30 pm to 8 pin — Theme is Sweet & Sunnv Citrus
Saturday, August 13 to August 10 - Early Voting in Council Chambers — 7 am to 4 pin
Council Member Nunn announced the upcoming events.
7. PUBLIC INPUT
Robin Raiff, 105 Aeolian Harp Path, asked Council to revisit the color palette for the
commercial buildings in the City to entice more tourism.
Mayor Hill asked the City Manager to give Council the information on the palette and
what they can do with it.
8. Mayor Hill recessed the City Council meeting and convened the Community
Redevelopment Agency meeting at 6:36 p.m.
A. ADDroval of Minutes — April 27. 2022 CRA Meetine
MOTION by Mr. McPartlan and SECOND by Mr. Dodd to approve the April 27, 2022
CRA minutes passed with a unanimous voice vote. (5-0)
Regular City Council & CRA Meeting
July 27, 2022
Page 4
B. Facade. Sign and Landscaaing Program
i. Consider Grant Request for 1101 U.S. Highwav 1 — Cafe Latte Da &
Robin Raiff Team at Douglas Elliman Real Estate (Transmittal. Summarv.
Application)
The City Manager explained that the Village Shops have been repurchased and each
property, tenant or owner could apply for the grant assistance with fagade and
landscaping improvements.
MOTION by Vice Chairman Jones and SECOND by Mr. Nunn to approve the grant
request from Cafe Latte Da and the Robin Raiff Team at Douglas Elliman Real Estate.
Roll call: Vice Chairman Jones - aye
Mr. Dodd - aye
Mr. McPartlan - aye
Mr. Nunn - aye
Chairman Hill - aye
Motion carried. 5-0
ii. Consider Grant Request for 1103 U.S. Hiahwav 1 — Suzanne Wille
Studios. Tacochela. Foremost Tax and Accounting. Inc. (Transmittal.
Surnmary. Application)
Mr. Dodd said this was going to be a great improvement on U.S. 1. MOTION by Mr.
Dodd and SECOND by Mr. Nunn to approve the grant request for the Suzanne Wille
Studios, Tacochela Restaurant, and Foremost Tax and Accounting, Inc.
Roll call: Mr. Dodd - aye
Mr. McPartlan - aye
Mr. Nunn - aye
Chairman Hill - aye
Vice Chairman Jones - aye
Motion carried. 5-0
iii. Consider Grant Request for 1 105 U.S. Highwav 1 -- The Cat's Meow Cat
Clinic (Transmittal. Summary. Application)
The City Manager stated the Cat's Meow is eligible for $11,083.21 but there is only
$9,490.07 remaining in the grant program and he recommended approval for that
remaining amount.
MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve the $9,490.07 from
the budget and an off budget approval for $1,593.14 to fund the entire amount.
Regular City Council & CRA Meeting
July 27, 2022
Page 5
The City Manager advised the off budget amount would come from the CRA Reserves.
Roll call: Mr. McParthm - aye
Chairman Hill - aye
Vice Chairman Jones - aye
Mr. Dodd - aye
Mr. McPartlan - aye
Motion carried. 5-0
9. Chairman Hill adjourned the Community Redevelopment Agency and reconvened the —
City Council meeting at 6:43 p.m. All members were present.
10. CONSENT AGENDA
A. Approval of Minutes — July 13, 2022 Regular City Council Meeting
22.095 B. Approve Agreement between the Sebastian Charter Junior High, Inc. and the City
of Sebastian for a School Resource Officer and Authorize the Mayor to Execute
Appropriate Documents (Transmittal, Agreement)
22.124 C. Approve Agreement between the City of Sebastian and the City of Vero Beach
for the Sebastian Police Department's Temporary Use of Vero Beach's Gun
Range Facility and Authorize the Mayor to Execute Appropriate Documents
(Transmittal, Agreement)
22.001 D. Approve the Community Development Block Grant (CDBG) Annual Action Plan
Accounting Amendments for FY 2019/2020/2021 (Transmittal, Amended Plans)
22.125 E. Approve an Increase to International Golf Maintenance, Inc. Annual Contract in
the Amount of $69,725.00 and Authorize the City Manager to Sign the
Appropriate Documents (Transmittal, Request for Increase)
22.126 F. Approve Alcoholic Beverages for the Francis Family Event at the Community
Center on August 13, 2022 from 11:00 a.m. to 6:00 p.m. — Pennittee DOB
Verified (Transmittal, Application, Receipt)
22.127 G. Approve Alcoholic Beverages for the Vieyra Family Event at the Community
Center on September 3, 2022 from 3:00 p.m. to 9:00 p.m. — Permittee DOB
Verified (Transmittal, Application, Receipt)
22.128 H. Approve Alcoholic Beverages for the Sebastian Fitness Christmas Party at the
Community Center on December 10, 2022 from 7:00 p.m. to I1:00 p.m. —
Permittee DOB Verified (Transmittal, Application, Receipt)
Council Member Dodd requested to pull Item E.
Ma
HOME OF PELICAN ISLAND
RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: September 28, 2022
AGENDA ITEM TITLE: Resolution No. R-23-01 Adopting the Riverfront Community
Redevelopment Agency (CRA) Budget for the Fiscal Year 2022-2023
RECOMMENDATION: Move to Approve Resolution R-23-01
BACKGROUND: In accordance with Florida Statute 189.418(3), a Community
Redevelopment Agency (CRA) "shall adopt a budget by resolution each fiscal year". The recommended
budget for Fiscal Year 2022-2023, beginning October 1, 2022 and ending September 30, 2023, is
included as EXHIBTr "A" to the Resolution for the CRA Board's consideration.
The recommended operating expenditures, grants and aids and transfers
for capital projects budget for the CRA is $424,299. The total tax increment revenue is projected to be
$380,580. Capital expenditures include Kiosk signs along Indian River Drive. Funding is also being set aside
for a future project to develop Riverfront Event Space. The CRA budget is also incorporated in the Annual
Budget for the City of Sebastian as a Special Revenue Fund, which is also scheduled for final approval at
this meeting.
ATTACHMENTS:
Resolution R-23-01, including Exhibit "A".
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: $424,299
Fund to Be Utilized for Appropriation: Community Redevelopment Agency Fund
Administrative Services Department
City Attorney Review: _ /U
Procurement Division Review, if
N/T I
City Manager Authorization:
Date:
CITY OF SEBASTIAN
COMMUNITY REDEVELOPMENT AGENCY
RESOLUTION NO.23-01
A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY
REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING
SEPTEMBER 30, 2023; MAKING FINDINGS; AUTHORIZING
AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Sebastian has submitted a budget for the
City of Sebastian Community Redevelopment Agency (CRA) for the Fiscal Year beginning
October 1, 2022 and ending September 30, 2023; and
WHEREAS, the budget includes estimated expenditures necessary to carry out the
functions of the CRA for the Fiscal Year beginning October 1, 2022, and ending September 30,
2023; and
WHEREAS, the budget includes the estimated revenues to be received by the CRA during
said period from all sources, including tax increment funding; and
WHEREAS, the CRA has examined and carefully considered the proposed budget in a
duly assembled meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY:
SECTION 1. The City of Sebastian Community Redevelopment Agency does hereby
adopt, confirm and approve the budget attached hereto as Exhibit "A" as the budget for the CRA
for the Fiscal Year beginning October 1, 2022 and ending September 30, 2023.
SECTION 2. The governing board of the CRA does hereby find that:
(a) The budget adopted has been prepared in accordance with generally accepted
accounting principles; and
(b) The estimated revenues to be received by the CRA during the Fiscal Year beginning
October 1, 2022, and ending September 30, 2023 from all sources, including tax increment funds,
equals the total of appropriations for expenditures and for reserves during said period; and
(c) The budget will regulate expenditures of the CRA and no expenditures or contracts
for expenditures shall be made except in pursuance of budgeted appropriations;
(d) The budget is adopted in accordance with Section 189.418, Florida Statutes.
SECTION 3: In order to effect an orderly year-end closeout of all financial books and
records for the CRA, the City of Sebastian City Manager is hereby authorized and directed to
increase the corresponding line item appropriations in the budget to the extent of those purchase
orders which shall have been issued prior to September 30, 2022, but shall not have been filled prior
to that date, and is authorized and directed to pay all such purchase orders upon receipt of the goods
or services therein specified from the funds so appropriated. The City of Sebastian City Manager is
hereby further authorized and directed to increase the budget appropriations to the extent of any
unexpended balances from state, federal or other grants as of the end of business on September 30,
2022, and to the extent of any unexpended balances, whether or not encumbered, outstanding in
projects or programs as of the end of business on September 30, 2022 and all such balances shall be
appropriated to the corresponding accounts in the same funds in which they were outstanding as of
September 30, 2022; and the City Manager shall be authorized to expend such appropriations for the
purposes approved by the CRA in connection with such state, federal or other grants, and projects.
The City Manager shall, prior to December 31, 2022, report to the CRA all such purchase orders,
grants and projects. Corresponding changes in the anticipated revenue accounts are hereby
authorized.
SECTION 4: The City Manager is hereby authorized and directed to maintain and amend
the budget so as to reflect the anticipated revenue and the appropriation of, and expenditure of, all
grant funds and bond proceeds committed to, or received by the CRA subsequent to September 30,
2022, and prior to October 1, 2023, in accordance with the directions of the CRA as to the
appropriation and expenditure of such grants and bond proceeds as and when received. The City
Manager shall have the authority to transfer appropriations from one line item to another line item
of the budget, so long as the total appropriations shall not be increased thereby. Transactions
affecting total appropriations, other than those authorized herein in other sections shall require the
prior approval of the CRA. Any such transactions are subject to any restrictive statutes or
ordinances, including those authorizing the issuance of any outstanding bonds.
SECTION 5: CONFLICTS: All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 6: 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 7: This Resolution shall become effective October 1, 2022.
The foregoing Resolution was moved for adoption by CRA Board member . The
motion was seconded by CRA Board member and, upon being put into a
vote, the vote was as follows:
Jim Hill, Chairman
Ed Dodd
Bob McPartlan
Fred Jones
Christopher Nunn
The CRA Chairman thereupon declared this Resolution duly passed and adopted on this 28t' day
of September, 2022.
CITY OF SEBASTIAN, FLORIDA
IM
ATTEST:
Jeanette Williams, City Clerk
Jim Hill, Chairman
Approved as to form and legality for the
reliance by the City of Sebastian only:
Manny Anon, Jr., City Attorney
CRA RESOLUTION R-23-01 - EXHIBIT "A"
CITY OF SEBASTIAN, FLORIDA 2022/2023 ANNUAL BUDGET
COMMUNITY REDEVELOPMENT AGENCY
City of Sebastian Community Redevelopment Agency was created by City Ordinance in 1995, pursuant to Section
163.387, Florida Statutes. The purpose of the Community Redevelopment Agency is the removal of blighted areas
and the development of such areas, pursuant to the Community Redevelopment Act of 1969.
COMMUNITY REDEVELOPMENT AGENCY REVENUES
Code: 140010
Account
Number Description
TAXES
338200 Tax Increment Revenue - Sebastian
338200 Tax Increment Revenue - County
TOTAL TAXES
MISCELLANEOUS REVENUE
361100
Interest Income
361105
SBA Interest Earnings
362100
Rents and Royalties
366000
Contributions & Donations
I1471IG1 a516Ya1a1 B I M a 0(41tb3 R wj ork"i5
NON -REVENUE SOURCES
381001 Transfer from General Fund
389991 Fund Balance Carried Forward
TOTAL NON -REVENUE SOURCES
TOTAL RIVERFRONT REDEVELOPMENT
Amended
FY I8/19 FY 19120 FY 20/21 FY 2122 FY 21/22 FY 22/23
Actual Actual Actual Budget Projected Budget
183,130 182,732 215,305 197,927 192,832 190,290
201,086 220,508 242,367 233,714 192,832 190,290
384,216 403,240 457,672 431,641 385,664 380,580
9,791 2,426 1,267 3,000 4,000 6,000
4,310 2,656 200 1,780 780 1,719
36,000 36,000 36,000 36,000 36,000 36,000
3,000 0 0 0
53,101 41,082 37,467 40,780 40,780 43,719
20,457 0 0 0 0 0
49,709 0 0 317,216 82,658 0
70,166 0 0 317,216 82,658 0
507,484 444,322 495,139 789,637 509,102 424,299
CITY OF SEBASTIAN, FLORIDA 2022/2023 ANNUAL BUDGET
COMMUNITY REDEVELOPMENT AGENCY EXPENDITURES
Code: 140051
Amended
Account
FY 18/19
FY 19/20
FY 20/21
FY 21/22
FY 21/22
FY 22/23
Number Description
Actual
Actual
Actual
Budget
Proiected
Budget
OPERATING EXPENDITURES
533100 Professional Services
5,000
5,000
5,000
5,000
5,000
5,000
533120 Consultants
19,705
256
0
0
0
0
533200 Audit Fees
0
0
5,000
5,000
5,000
5,000
533201 Admin Svcs Provided by the GF
90,372
99,076
89,725
92,655
92,655
62,431
533400 Other Contractual Services
192,224
124,774
96,195
100,282
99,942
99,942
534000 Travel and Per Diem
0
0
0
300
0
500
534120 Postage
0
126
7
100
0
0
534320 Water and Sewer
365
0
0
0
0
0
534400 Rents and Leases
5,480
4,217
4,302
4,300
4,302
4,950
534698 Other CRA Maintenance Expenses
0
0
0
12,245
10,000
10,000
534699 Maint Expenses
35,466
9,653
18,020
37,755
50,000
20,000
534830 Special Events Expense
43,460
41,210
32,125
50,000
50,000
50,000
534920 Legal Ads
569
121
279
500
300
300
535410 Dues & Memberships
670
670
795
795
795
795
545450 Training and Education
0
395
0
395
395
400
535710 Non -Ad Valorem Taxes
2,928
1,396
1,478
1,500
1,582
1,600
TOTAL OPERATING EXPENDITURES
396,239
286,894
252,927
310,827
319,971
260,918
GRANTS AND AIDS
820100 Fagade/Sign Improvement Program
0
15,000
5,323
40,000
5,000
0
820200 Sewer Connection Program
111,245
24,424
0
0
68,366
0
TOTAL GRANTS AND AIDS
111,245
39,424
5,323
40,000
73,366
0
NON -OPERATING
909132 Interfund Trfr to CIP Fund 320
0
13,448
137,415
312,944
87,944
15,000
909363 Interfund Trfr to CIP Fund 363
0
0
36,890
125,866
27,821
0
909990 Unappropriated
0
104,556
62,584
0
0
148,381
TOTAL NON -OPERATING
0
118,004
236,889
438,810
115,765
163,381
TOTAL RIVERFRONT REDEVELOPMENT
507,484
444,322
495,139
789,637
509,102
424,299
On Cl
SE0 YN
HOME OF PELICAN ISLAND
CRA AGENDA TRANSMITTAL
Council 1lleetin¢ Date: September 28, 2022
Agenda Item 'Title: Septic -to -Sewer Program Grant Application
Recommendation: Approve grant application up to the maximum allowed
Back round: In accordance with the Septic -to -Sewer (SSP) Grant Program, a property
owner has submitted a grant application for a parcel located within the CRA district. The applicant will be
removing a septic system and connecting into the Indian River County's gravity main sanitary sewer
system. A grant application has been provided, including a copy of the deed, proof of paid taxes, and the
construction quote. An Indian River County Utility Construction Pennil is not required.
• 1716 U.S. Highway I - Krasco Real Investments, LLC (Leslie Krasco) - Commercial Building
If approved, award amounts are based on connection types at a 25/75% cost share. Properties with septic
systems with connection to available gravity main sanitary sewer will receive award amounts not to
exceed $5,000. Based on the applicant's invoice from Meeks Plumbing, Inc. whose job cost was $9,553,
the maximum grant that can be awarded is $5,000.
If Agenda Item Reuuires Exuenditure of Funds:
Grant Funds Available: $114,438.00
Total Cost: $5,000.00
Funds to Be Utilized for Appropriation: $5,000.00
Attachments:
1. Application
2. Construction Quote
3. Tax Receipt
4. Deed
5. Letter from Indian River County Utility
Administrative Services
City Attorney Review:
Procurement Division R
City Manager Authorization:
Date:
SEBASTIAN CRA — SEPTIC -TO -SEWER GRANT PROGRAM
SEBASTIAN CRA SEPTIC -TO -SEWER GRANT PROGRAM
GRANT APPLICATION
1. APPLICANT INFORMATION/ J /�
Name of Applicant: [�/� �ry�/_ / C% / r4- 04 ,5/C C�
Mailing Address:
J L) (_2n1
Phone Number:
Cell Number. ���-� ri• 07J7 l�
E-mail Address: .�U�Lim >aJL� L1�>r� i�pJ OA D L • Ga
2. PROJECT LOCATION
Address of Property:
Parcel Number(s): c)� fl �('OT 1 al'j 4-f,)Cr)cC)
Property Tax Status:
3. DESCRIPTION OF PROPOSED IMPROVEMENTS
S YS 7ZE/1.
4. ESTIMATED COST
Please provide information on the following items:
A. Cost of Current Septic System Closure
B. Estimate of Connection to Indian River Utility System
C. Permitting
D. Design and Construction Costs
TOTAL ESTIMATED PROJECT COSTS
$ gISS3.0o
Page 2
SEBASTIAN CRA - SEPTIC -TO -SEWER GRANT PROGRAM
Has the applicant applied for other regulatory grant funding to re ve the targeted septic system? (Please check
appropriate answer) YES NO
If Yes, please answer the following questions:
Who was the grant award from?
How much was the total award?
Signature(s) All owners must sign.
The i formaation supplied in this application is true and correct. J j J� /� / ,, y�
inie ema and Title ///Jn /n/ Pdnled ame and Tile
SI at Signature
STATE OF r-
COUNTY OF I r, — 0.v-c r-
The foregoing instrument was acknowledged before me this day of ! AAA
20Laby �IS I I-e11rC-S C'0 O
who is/are personally known to me or has/have produced t' L [)I--- as
identification.
(SEAL) A;!niy*;, MICHELLE LFAULIMER
Commission It HH 125 250g7
% WA RnT"ro20Yro al4l25I019
�irVt ommission No.
(Name of Notary, Printed or Typed)
This Section for City Use Only
Date Application Received:
Date Application Reviewed:
Recommendation to CRA:
Action by CRA:
Page 3
MEEK & SONS PLUMBIING, INC
9615 TRADE CENTER DRIVE-SEBASTIAN, FL 32958
OFFICE 1(772) 589-2080 - FAX (772) 589-2071
Florida License - CFC#057372
September 9, 2022
Krasco Real Investments LLC
5688 Holly Lane Jupiter, FL 33458
Theiceman123 9I.com
11
subliminaldeslen aol.com
Re:1716 US Hwy 1(Dive/Smoke Shop)
Please find the following plumbing estimate per the Instructions below:
I. To Include:
1.180' of 3" Sch 40 PVC DWV Pipe.
2.180' of 1" Sch 40 PVC Pressure Pipe.
3. All PVC Fittings.
4. Excavator Rental.
S. Concrete Saw.
6. Labor for above work.
7. Permit.
8. Sales tax and insurances.
9.One (1) year warranty on workmanship.
11. Does Not Include:
1. Replacement of asphalt or concrete.
2. Sewer and water availability fees. 3. Water filtration system.
4. Sod or seeding of lawn.
S. Dewatering.
6. Lift Station.
III. Estimate is:
$9,553.00
IV. Warranty:
One (1) Year Warranty includes labor on original installation. Material & parts warranty is
covered as set forth in the manufacturer's warranty. Meek & Sons Plumbing Inc., Is not
responsible for any unseen defects or sewer stoppages un-related to Installation error.
V: Exsisting Septic tank:
Septic tank to be crushed and filled by Hinkle & Son at owners' expense. $750.00
THIS PROPOSAL IS HEREBY ACCEPTED: Respectfully submitted,
BY: MEEK & SONS PLUMBING, INC.
Carole Jean Jordan, cFc 2022 PAID REAL ESTATE
Indian River County Tar Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS
AGCO.UNT,NUMBER -. ... _ _R90I?ERTY AD_DRE_SS__ - .. TAX CODE ,ESCROVI.
11646 30-3R-i0-00001-OD40.00002/0 1716 US HIGHWAY 1 SEBASTIAN 37)95R I 2A
. • . • • - • •
INSTALLMENT I OLIN) I022
SJ(IP'Tt1_ TAP _PaYr onlf _ at .wx(w IgCTiax._ m - I t,R�al D�ejatlen:
I1+ A-7 BEING PLAT OF OCEAN BREEZE HEIGHTS PBI
If Poatmedced By Jun 30.2022 I 2-7 BEING MORE PART DESC AS FOLL: LOTSPlease PS
I See Additional Legal on Tax Roll
ne R^R.
KRASCO REAL INVESTMENTS LLC
5698 HOLLY LANE
JUPITER, FL 33458
Paid 07/01/2022 Recelpt055-00008472 000022510-=9
Effective Date 06/30/2022 $813.96
i PAY;NA1S FWNDSTO: CAR�eLE�FAN JOI1DANy,TAXCOLI:ECTOR.P,O. BOX 1509,V.EItO BEgCH,_Fk3�961=1509. Phr (7.7,2)136-.L3r}3
Ad Valorem Tax�
TmdngAuthorlty
Telephone
MOiage
Assessed Value
Exemption
Taxable Value
TaxAmount
COUNTY GENERAL FUND
772-226-1214
3.5475
172,950
0
172,950
613.54
of
EMERGENCY SERV DIST
772-226-1214
2.3531
172,950
0
172,950
406.97
SCHOOL STATE LAW
772-564-3180
3.5200
172,950
0
172,950
608.78
1%
SCHOOL LOCAL
772-564-3180
2.7480
172,950
0
172,950
475.27
CITY OF SEBASTIAN
772-388-8205
3.0043
172,950
0
172,950
519.59
i0
ST JOHNS RIVER WATER
386-329-4500
0.2189
172,950
0
172,950
37.86
==
Ym
SEBASTIAN INLET
321-724-5175
0.0765
172,950
0
172,950
13.23
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Oft1 tWrAd1 THIS PORTION AND RETURN N YOUR PAYMENT&
Carole Jean Jordan, cFc vmp
Indian River County Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VAALORREM ASSESSMENTS
f �ALTT.=KEY-_-AC.COUNT AUMBER..... a - _ - _ PR. OPERT)I_�ARRRE5.5.: TA7FSCOD�' iEtiCR01K
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KRASCO REAL INVESTMENTS LLC
5688 HOLLY LANE
JUPITER, FL 33458
Paid 07/01/2022 Effective Date 06/3D/2022 Receipt a ISS-00008472 000022510-0009 $81396
9/8/22,1:07 PM
Landmark Web Official Records Search
312021l)047&U RECORDED IN THE RECORDS OFJEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3439 PC: 1971, 7/1P-021 1:56 PM D DOCTAX PD S0.70
Prepared By
Name: LESLIE KRASCO
Address: 5688 HOLLY LANE
JUPITER
State: FLORIDA Zip Code: 33468
After Recording Return To
Name: KRASCO REAL INVESTMENT LLC
Address: 5688 HOLLY LANE
JUPRER
State: F-ONDA Zip Code: 33M
`Space Above This Line for Recorder's Use
FLORIDA OU1T CLAIM DEED
STATE OF FLORIDA
INDIAN RIVER COUNTY
KNOW ALL MEN BY THESE PRESENTS, That for and In consideration of the sum of
TEN DOLLARS ($10.00 ) in hand paid to
LESLIE KRASCO , a MARRIED PERSON , residing at 5688 HOLLY LANE
County of PALM BEACH , City of JUPIIIER , State of FLORIDA
(hereinafter known as the "Grantor(s)") hereby quitclalms to wmcO Rm KvEsTmm LLc
a LLC / COMPANY , residing at -%W HOLLY LANE , County of PALM BEACH ,
City of JUPITER , State Of FLORIDA (hereinafter known as the
"Grentee(s)") all the rights, title, Interest, and claim In or to the following described real
estate, situated in INDIAN RIVER County, Florida to -wit
ADDRESS: MADISON STREET, SEBASTIAN FL 32958.. TAX ID.30-38-30-00001-0040-00001/0
LEGAL DESCROMON: OCEAN BREEZE HEIGHTS SUB PSI 2-7 LOT 1 BLK 4 TOGETHER WITH WLY
112 OF ADH ABND ALLEY PER CITY OF SE13ASTIAN IRDINANCE # 0-83-16
To have and to hold, the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest,
lien, equity and claim whatsoever for the said first party, either in law or equity, to the
only proper use, benefit and behoof of the said second party forever. `
Paos.LaL 2. — . r......__.. _.
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BK: 3439 PG: &972
Grantor's Signature
LESLIE KRASCO
Grantor's Name
5688 HOLLY LANE
Address
JUPITER, FL 33458
City, State & Zip
In Witness Whereof,
Witness's Ognature
Witness's Name
>voo A#A,.rr
Address
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City, State & Zip
STATE OF FLORIDA)
COUNTY OF INMAN RIVER
Grantor's Signature
L KRasco FOR KRasco Reap INVESTMENr tic
Grantor's Name
5688 HOLLY LANE
Address
JUPITER, FL 33458
City, State & Zip
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The foregoing instrument was acknowledged before metjY means of O physical
erica r O online notarization, this _ /,. — day of cif,. .. , �� , by
p - P� kroco who Is personally known to me Vwho has produced
40- as identification.
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My Commission Expires: la- COmmission o GG ?61g2
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Page 2of2
http://orL(ndian-riverorglsearchfindex?theme=.blue§ion=searchCrlteriaName&qulckSearchSelecOon=# 2/2
Michelle Faulkner
From: Jesse Roland <jroland@ircgov.com>
Sent: Friday, September 09, 2022 10AS AM
To: Michelle Faulkner
Subject: 1716 US Highway 1 - No IRC Utility Construction Permit Required
CAUTION: This email originated from OUTSIDE our email system PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Good morning Michelle. 1716 US 1 will not need an IRC Utility Construction Permit in order to connect to County Sewer.
There's a gravity sewer service lateral and a water meter box available to connect to. To my knowledge, only a City of
Sebastian Plumbing Permit would be required. Please let me know if you need anything else.
Regards,
Jesse Roland I Plans Reviewer
Indian River County Dept. of Utility Services
1801 27th St, Vero Beach, FL 32960
Ph 772-226-1636 Fax 772-770-5143
irolandpircnov.com
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as
spam.
SERASTLAN
HOME OF PELICAN ISLAND
CRA BOARD AGENDA TRANSMITTAL
Council Meeting Date: September 28, 2022
Agenda Item Title: DEO FY 2022-2023 Community Planning Technical Assistance Grant
Recommendation: Approve DEO Grant Agreement for Riverfront CPA Sustainable Economic
Redevelopment Plan
Background: The Department of Economic Opportunity (DEO) notified the City in June
that the Community Planning Technical Assistance Grant application was selected to develop the Riverfront
CRA Sustainable Economic Redevelopment Plan for the FY 2022-2023 funding. The State and City staffs
have finalized the contract (Attached) and seek approval from Council to proceed with the project. Time is of
the essence due to a grant agreement expiration date of June 30, 2023. The City has secured the services of
one of their continuing consultant firms, GAI Consultants, Inc. Community Solutions Group (GAIICSG) to
perform the work.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: 0
Total Cost: $70,000.00
Funds to Be Utilized for Appropriation: $70,000.00 (DEO)
Attachments: 1. DEO Contract and award letter
Administrative Services
City Attorney Review: /
Procurement Division Review,
N11A
City Manager Authorization:
Date: /�%/ 2 U
v
DocuSign Envelope ID: BF414288-17AEB-46C2-8C1F-FB11E8363A70
Agreement # P0449
COMMUNITY PLANNING TECHNICAL ASSISTANCE
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT ("Agreement") is made and entered into by and between the State of Florida,
Department of Economic Opportunity ("DEO"), and the City of Sebastian, Florida ("Grantee"). DEO and
Grantee are sometimes referred to herein individually as a "Party" and collectively as "the Parties."
WHEREAS, DEO has the authority to enter into this Agreement and distribute State of Florida
funds ("Award Funds") in the amount and manner set forth in this Agreement and in the following
Attachments incorporated herein as an integral part of this Agreement:
• Attachment 1: Scope of Work
• Attachment 1-A: Invoice: Grantee's Subcontractor(s) (Contractual Services)
• Attachment 1-B: Invoice: Grantee's Employee(s)
• Attachment 1-C: Invoice: Combination of Grantee's Subcontractor(s) and Grantee's
Employee(s)
• Attachment 1-D: Grant Agreement Final Closeout Form
• Attachment 1-E: SERA Access Authorization Form (form provided after execution of this
agreement)
• Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements
• Attachment 3: Audit Compliance Certification
WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively
referred to as the "Agreement", and if any inconsistencies or conflict between the language of this
Agreement and its Attachments arise, then the language of the Attachments shall control, but only to the
extent of the conflict or inconsistency;
WHEREAS, Grantee hereby represents and warrants that Grantee's signatory to this Agreement
has authority to bind Grantee to this Agreement as of the Effective Date and that Grantee, through its
undersigned duly -authorized representative in his or her official capacity, has the authority to request,
accept, and expend Award Funds for Grantee's purposes in accordance with the terms and conditions of
this Agreement;
NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties intending to be legally bound hereby agree to perform the duties described herein in this
Agreement as follows:
A. AGREEMENT PERIOD
This Agreement is effective as of July 1, 2022 (the "Effective Date") and shall continue until the
earlier to occur of (a) June 30, 2023 (the "Expiration Date") or (b) the date on which either Party
terminates this Agreement (the "Termination Date"). The period of time between the Effective
Date and the Expiration Date or Termination Date is the "Agreement Period."
Page 1 of 40
Rev. 5/19/21
DocuSign Envelope ID: BF414288-FAEB4BC2-8C1F-FB11E8363A70
Agreement # P0449
B. FUNDING
This Agreement is a cost reimbursement Agreement. DEO shall pay Grantee up to Seventy
Thousand Dollars and Zero Cents ($70,000.00) in consideration for Grantee's performance under
this Agreement. DEC, in its sole and absolute discretion, may provide Grantee an advance of
Award Funds under this Agreement. Travel expenses are authorized under this Agreement.
Grantee shall submit bills for such travel expenses and shall be reimbursed only in accordance
with Section (s.) 112.061, Florida Statutes (F.S.), and the Invoice Submittal Procedures delineated
in Attachment 1, Scope of Work. DEO shall not pay Grantee's costs related to this Agreement
incurred outside of the Agreement Period. In conformity with s. 287.0582, F.S., the State of Florida
and DEC's performance and obligation to pay any Award Funds under this Agreement is
contingent upon an annual appropriation by the Legislature. DEO shall have final unchallengeable
authority as to both the availability of funds and what constitutes an "annual appropriation" of
funds. Grantee shall not expend Award Funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency. Grantee shall not expend Award Funds to pay any costs incurred
in connection with any defense against any claim or appeal of the State of Florida or any agency
or instrumentality thereof (including DEO); or to pay any costs incurred in connection with the
prosecution of any claim or appeal against the State of Florida or any agency or instrumentality
thereof (including DEO), which Grantee instituted or in which Grantee has joined as a claimant.
Grantee shall either (i) maintain Award Funds in a separate bank account, or (ii) expressly
designate in Grantee's business records and accounting system that the Award Funds originated
from this Agreement. Grantee shall not commingle Award Funds with any other funds. DEO may
refuse to reimburse Grantee for purchases made with commingled funds. Grantee's costs must
be in compliance with all laws, rules, and regulations applicable to expenditures of State funds,
including the Reference Guide for State Expenditures (httos://www.mvfloridacfo.com/docs-
sf/accountine-and-auditine-libraries/state-
aeencies/referenceeuideforstateexDenditures.Ddf?sfvrsn=fcic5555 2
C. ELECTRONIC FUNDS TRANSFER
Within 30 calendar days of the date the last Parry has signed this Agreement, Grantee shall enroll
in Electronic Funds Transfer (EFT) from the State's Chief Financial Officer. A copy of the
Authorization form can be found on the vendor instruction page at:
httr)s://www.mvfloridacfo.com/division/aa/vendors. Any questions should be directed to the
Direct Deposit Section of the Division of Accounting and Auditing at (850) 413-5517. Once
enrolled, invoice payments shall be made by EFT.
D. RENEGOTIATION OR MODIFICATION
The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable
laws or regulations make changes to this Agreement necessary. In addition to changes
necessitated by law, DEO may at any time, with written notice to Grantee, make changes within
the general scope and purpose of this Agreement, at DEO's sole and absolute discretion. Such
changes may include modifications of the requirements, changes to processing procedures, or
other changes as decided by DEO. Grantee shall be responsible for any due diligence necessary to
determine the impact of each aforementioned modification or change. Any modification of this
Agreement Grantee requests must be in writing and duly signed and dated by all Parties in order
to be valid and enforceable.
Page 2 of 40
Rev. 5/19/21
DocuSign Envelope ID: BF414288-FAEB4BC2-8CiF-FB11E8363A70
Agreement # P0449
E. AUDIT REQUIREMENTS AND COMPLIANCE
1. Section 215.971, Florida Statutes ("F.S."). Grantee shall comply with all applicable provisions
of s. 215.971, F.S., and Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements.
Grantee shall perform the deliverables and tasks set forth in Attachment 1, Scope of Work.
Grantee may only expend Award Funds for allowable costs resulting from obligations incurred
during the Agreement Period. Grantee shall refund to DEO any: (1) balance of unobligated
Award Funds which have been advanced or paid to Grantee; or (2) Award Funds paid in excess
of the amount to which Grantee is entitled under the terms and conditions of this Agreement
and Attachments hereto, upon expiration or termination of this Agreement.
2. Audit Compliance. Grantee understands and shall comply with the requirements of s.
20.055(5),F.S. Grantee agrees to reimburse the State forthe reasonable costs of investigation
the Inspector General or other authorized State official incurs for investigations of Grantee's
compliance with the terms of this or any other agreement between the Grantee and the State
which results in the suspension or debarment of Grantee. Grantee shall not be responsible
for any costs of investigations that do not result in Grantee's suspension or debarment.
F. RECORDS AND INFORMATION RELEASE
1. Records Compliance. DEO is subject to the provisions of chapter 119, F.S., relating to public
records. Any document Grantee submits to DEO under this Agreement may constitute public
records under the Florida Statutes. Grantee shall cooperate with DEO regarding DEC's efforts
to comply with the requirements of chapter 119, F.S. Grantee shall respond to requests to
inspect or copy such records in accordance with chapter 119, F.S. for records made or received
by Grantee in connection with this Agreement. Grantee shall immediately notify DEO of the
receipt and content of any request by sending an e-mail to PRReouest@deo.mvflorida.com
within one (1) business day after receipt of such request. Grantee shall indemnify, defend,
and hold DEO harmless from any violation of Florida's public records laws wherein DEC's
disclosure or nondisclosure of any public record was predicated upon any act or omission of
Grantee. As applicable, Grantee shall comply with s. 501.171, F.S. DEO may terminate this
Agreement if Grantee fails to comply with Florida's public records laws. Grantee shall allow
public access to all records made or received by Grantee in connection with this Agreement,
unless the records are exempt from s. 24(a) of Article I of the State Constitution or s.
119.07(1), F.S.
2. Identification of Records. Grantee shall clearly and conspicuously mark all records submitted
to DEO if such records are confidential and exempt from public disclosure. Grantee's failure
to clearly mark each record and identify the legal basis for each exemption from the
requirements of chapter 119, F.S., prior to delivery of the record to DEO serves as Grantee's
waiver of a claim of exemption. Grantee shall ensure that public records that are exempt or
confidential and exemptfrom public records disclosure requirements are not disclosed except
as authorized by law for as long as those records are confidential and exempt pursuant to
Florida law. If DEO's claim of exemption asserted in response to Grantee's assertion of
confidentiality is challenged in any court of law, Grantee shall defend, assume, and be
responsible for all fees, costs, and expenses in connection with such challenge.
3. Keeping and Providing Records. DEO and the State have an absolute right to view, inspect,
or make or request copies of any records arising out of or related to this Agreement. Grantee
Page 3 of 40
Rev.5/19/21
DocuSign Envelope ID: BF414288-FAEB4BC2-8C1F-FB11E8363A70
Agreement # P0449
has an absolute duty to keep and maintain all records arising out of or related to this
Agreement. DEO may request copies of any records made or received in connection with this
Agreement, or arising out of Grantees use of Award Funds, and Grantee shall provide DEO
with copies of any records within ten (10) business days after DEO's request at no cost to DEC.
Grantee shall maintain all books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all
expenditures of Award Funds. For avoidance of doubt, Grantee's duties to keep and provide
records to DEO includes all records generated in connection with or as a result of this
Agreement. Upon expiration or termination of this Agreement, Grantee shall transfer, at no
cost, to DEO all public records in possession of Grantee or keep and maintain public records
required by DEO to perform the service. If Grantee keeps and maintains public records upon
completion of this Agreement, Grantee shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to DEO, upon request from
DEO's custodian of records, in a format that is compatible with the information technology
systems of DEO.
4. Audit Rights. Representatives of the State of Florida, DEO, the State Chief Financial Officer,
the State Auditor General, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the federal government and their duly authorized
representatives shall have access to any of Grantee's books, documents, papers, and records,
including electronic storage media, as they may relate to this Agreement, for the purposes of
conducting audits or examinations or making excerpts or transcriptions.
5. Single Audit Compliance Certification. Annually within 60 calendar days of the close of
Grantee's fiscal year, Grantee shall electronically submit a completed Audit Compliance
Certification (a version of this certification is attached hereto as Attachment 3) to
Audit@deo.mvflorida.com. Grantee's timely submittal of one completed Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement for all agreements
between DEO and Grantee.
6. Ensure Compliance. Grantee shall ensure that any entity which is paid from, or for which
Grantee's expenditures will be reimbursed by, Award Funds, is aware of and will comply with
the aforementioned audit and record keeping requirements.
7. Contact Custodian of Public Records for Questions. IF THE GRANTEE HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS by telephone at (850) 245-7140, via e-mail at
PRReciuest@cDdeo.mvflorida.com, or by mail at Department of Economic
Opportunity, Public Records Coordinator, 107 East Madison Street,
Caldwell Building, Tallahassee, Florida 32399-4128.
G. TERMINATION AND FORCE MAJEURE
1. Termination due to Lack of Funds: In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are
Page 4 of 40
Rev.S/19/21
DocuSign Envelope ID: BF414288-FAEB4BC2-8C1 F-FB11 E8363A70
Agreement # P0449
withdrawn or redirected, DEO may terminate this Agreement upon no less than 24 hour
written notice to Grantee. DEO shall be the final authority as to the availability of funds and
will not reallocate funds earmarked for this Agreement to another program thus causing "lack
of funds." In the event of termination of this Agreement under this provision, Grantee will be
paid for any work satisfactorily completed prior to notification of termination. The lack of
funds shall not constitute DEO's default under this Agreement.
2. Termination for Cause: DEO may terminate the Agreement if Grantee fails to: (1) deliver the
services within the time specified in the Agreement or any extension; (2) maintain adequate
progress, thus endangering performance of the Agreement; (3) honor any term of the
Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. The rights and
remedies of DEO in this clause are in addition to any other rights and remedies provided by
law or under the Agreement. Grantee shall not be entitled to recover any cancellation charges
or lost profits.
3. Termination for Convenience: DEO, by written notice to Grantee, may terminate this
Agreement in whole or in part when DEO determines in DEO's sole and absolute discretion
that it is in DEO's interest to do so. Grantee shall not provide any deliverable pursuant to
Attachment 1: Scope of Work after it receives the notice of termination, except as DEO
otherwise specifically instructs Grantee in writing. Grantee shall not be entitled to recover
any cancellation charges or lost profits.
4. Grantee's Responsibilities Upon Termination: If DEO issues a Notice of Termination to
Grantee, except as DEO otherwise specifies in that Notice, Grantee shall: (1) Stop work under
this Agreement on the date and to the extent specified in the notice; (2) complete
performance of such part of the work DEO does not terminate; (3) take such action as may be
necessary, or as DEO may specify, to protect and preserve any property which is in the
possession of Grantee and in which DEO has or may acquire an interest; and (4) upon the
effective date of termination, Grantee shall transfer, assign, and make available to DEO all
property and materials belonging to DEO pursuant to the terms of this Agreement and all
Attachments hereto. Grantee shall not receive additional compensation for Grantee's
services in connection with such transfers or assignments.
S. Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the
other for any delay or failure to perform under this Agreement if such delay or failure is
neither the fault nor the negligence of the Party or its employees or agents and the delay is
due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond the Party's control, or for any of the foregoing that affects
subcontractors or suppliers if no alternate source of supply is available. However, in the event
of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate
any and all resulting delay or disruption in the Party's performance obligation under this
Agreement. If the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY
FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under
the Agreement to either Party. In the case of any delay Grantee believes is excusable under
this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Grantee shall
notify DEO in writing of the delay or potential delay and describe the cause of the delay either:
(1) within ten (10) calendar days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within
five (5) calendar days after the date Grantee first had reason to believe that a delay could
Page 5 of 40
Rev.5/19/21
DocuSign Envelope ID: BF414288-17AEB-413C2-8C1 F-F1311 E8363A70
Agreement # P0449
result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE
GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict
accordance with this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section
is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay
is excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE
section and will notify Grantee of its decision in writing. No claim for damages, other than for
an extension of time, shall be asserted against DEO. Grantee shall not be entitled to an
increase in the Agreement price or payment of any kind from DEO for direct, indirect,
consequential, impact, or other costs, expenses or damages, including but not limited to costs
of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance
from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due
to any of the causes described in this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE
MAJEURE section, afterthe causes have ceased to exist, Grantee shall perform at no increased
cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the
value of the Agreement to DEO or the State, in which case, DEO may terminate the Agreement
in whole or in part.
H. BUSINESS WITH PUBLIC ENTITIES
Grantee is aware of and understands the provisions of s. 287.133(2)(a), F.S., and s. 287.134(2)(a),
F.S. As required by s. 287.135(5), F.S., Grantee certifies that it is not: (1) listed on the Scrutinized
Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S.; (2) engaged in a boycott
of Israel; (3) listed 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,
F.S.; or (4) engaged in business operations in Cuba or Syria. DEO may immediately terminate this
Agreement if Grantee submits a false certification as to the above, or if Grantee is placed on the
Scrutinized Companies that Boycott Israel List, engages in a boycott of Israel, is placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or has engaged in business operations in Cuba or Syria.
1. CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS. (Not applicable)
J. ADVERTISING AND SPONSORSHIP DISCLOSURE
1. Limitations on Advertising of Agreement. DEO does not endorse any Grantee, commodity,
or service. Unless authorized under the scope of work, subject to chapter 119, F.S., Grantee
shall not publicly disseminate any information concerning this Agreement without prior
written approval from DEO, including, but not limited to mentioning this Agreement in a press
release or other promotional material, identifying DEO or the State as a reference, or
otherwise linking Grantee's name and either a description of the Agreement or the name of
DEO or the State in any material published, either in print or electronically, to any entity that
is not a Party to this Agreement, except potential or actual employees, agents,
representatives, or subcontractors with the professional skills necessary to perform the work
services required by the Agreement.
2. Disclosure of Sponsorship. As required by s. 286.25, F.S., if Grantee is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds, including
any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing
the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of
Florida, Department of Economic Opportunity." If the sponsorship reference is in written
Page 6 of 40
Rev. 5/19/21
DocuSign Envelope ID: BF414288-FAEB4BC2-8C1F-FB11E8363A70
Agreement # P0449
material, the words "State of Florida, Department of Economic Opportunity" shall appear in
the same size letters or type as the name of the organization.
K. INVOICES AND PAYMENTS
1. Grantee will provide invoices in accordance with the requirements of the State of Florida
Reference Guide for State Expenditures (httDs://www.mv_ floridacfo.com/docs-
sf/accountine-and-auditing-libraries/state-
aeencies/referenceeuideforstateexnenditures.Ddf?sfvrsn=fcIc5555_2. with detail
sufficient for a proper pre -audit and post -audit thereof. Grantee shall comply with the Invoice
Submittal and Payment provisions of Section 30 of Attachment 1, Scope of Work, and with
the following requirements:
a. Invoices must be legible and must clearly reflect the goods/services that were provided
in accordance with the terms of the Agreement for the invoice period. Payment does not
become due under the Agreement until the invoiced deliverable(s) and any required
report(s) are approved and accepted by DEO.
b. Invoices must contain the Grantee's name, address, federal employer identification
number or other applicable Grantee identification number, the Agreement number, the
Grantee's invoice number, an invoice date, the dates of service, the deliverable number,
a description of the deliverable, a statement that the deliverable has been completed,
and the amount being requested. DEO or the State may require any additional
information from Grantee that DEO or the State deems necessary to process an invoice.
c. Invoices must be submitted in accordance with the time requirements specified in the
Scope of Work.
2. At DEC's or the State's option, Grantee may be required to invoice electronically pursuant to
guidelines of the Department of Management Services.
3. Payment shall be made in accordance with s. 215.422, F.S., Rule 691-24, F.A.C., and s.
287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S.,
provides that agencies have five (5) working days to inspect and approve goods and services
unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a request
for payment (voucher) to the Department of Financial Services. The twenty (20) days are
measured from the latter of the date the invoice is received or the goods or services are
received, inspected, and approved. The Scope of Work may specify conditions for retainage.
Invoices returned to a Grantee due to preparation errors will result in a delay of payment.
Invoice payment requirements do not start until a properly completed invoice is provided to
DEO. DEO is responsible for all payments under the Agreement.
4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of
interest payable on judgments and decrees, and pursuant to s. 215.422(3)(b), F.S., this same
process applies to the determination of the rate of interest applicable to late payments to
vendors for goods and services purchased by the State and for contracts which do not specify
a rate of interest. The applicable rate of interest is published at:
httDs://www.mvfloridacfo.com/Divisio /AA/LocaIG ove rn m e nts/Cu rrent. htm
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S. Grantee shall submit the final invoice for payment to DEO no later than 60 calendar days after
the Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may
refuse to honor any requests submitted after this time period and may consider Grantee to
have forfeited any and all rights to payment under this Agreement.
L. RETURN OR RECOUPMENT OF FUNDS
1. Recoupment. Notwithstanding anything in this Agreement to the contrary, DEO has an
absolute right to recoup Award Funds. DEO may refuse to reimburse Grantee for any cost if
DEO determines that such cost was not incurred in compliance with the terms of this
Agreement. DEO may demand a return of Award Funds if DEO terminates this Agreement.
The application of financial consequences as set forth in the Scope of Work is cumulative to
any of DEO's rights to recoup Award Funds. Notwithstanding anything in this Agreement to
the contrary, in no event shall the application of any financial consequences or recoupment
of Award Funds exceed the amount of Award Funds, plus interest.
2. Overpayments. If Grantee's (a) noncompliance with this Agreement or any applicable
federal, state, or local law, rule, regulation or ordinance, or (b) Grantee's performance or
nonperformance of any term or condition of this Agreement results in (1) an unlawful use of
Award Funds; (ii) a use of Award Funds that doesn't comply with the terms of this Agreement;
or (iii) a use which constitutes a receipt of Award Funds to which Grantee is not entitled (each
such event an "Overpayment"), then Grantee shall return such Overpayment of Award Funds
to DEO.
3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO
within 30 calendar days of Grantee's discovery of an Overpayment, or receipt of notification
from DEO that and Overpayment has occurred. DEO is the final authority as to what may
constitute an Overpayment of Award Funds. Refunds should be sent to DEO's Agreement
Manager and made payable to the "Florida Department of Economic Opportunity". Should
repayment not be made in a timely manner, DEO may charge interest at the lawful rate of
interest on the outstanding balance beginning 30 calendar days after the date of notification
or discovery.
4. Right of Set -Off. DEO and the State shall have all of its common law, equitable and statutory
rights of set-off, including, without limitation, the State's option to withhold for the purposes
of set-off any moneys due to Grantee under this Agreement up to any amounts due and owing
to DEO with respect to this Agreement, any other contract with any State department or
agency, including any contract for a term commencing prior to the term of this Agreement,
plus any amounts due and owing to the State for any other reason. The State shall exercise
its set-off rights in accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audits by the State or its representatives.
M. INSURANCE
Unless Grantee is a state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall
provide and maintain at all times during this Agreement adequate commercial general liability
insurance coverage. A self-insurance program established and operating under the laws of the
State of Florida may provide such coverage.
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Grantee, at all times during the Agreement, at Grantee's sole expense, shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated with this
Agreement, which, as a minimum, shall be: workers' compensation and employer's liability
insurance in accordance with chapter 440, F.S., with minimum employer's liability limits of
$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall
cover all employees engaged in any Agreement work.
Grantee shall maintain insurance coverage of such types and with such terms and limits as may
be reasonably associated with this Agreement, as required by law, and as otherwise necessary
and prudent for the Grantee's performance of its operations in the regular course of business.
The limits of coverage under each policy maintained by Grantee shall not be interpreted as
limiting Grantee's liability and obligations under this Agreement. All insurance policies shall be
through insurers licensed and authorized to write policies in Florida, and such policies shall cover
all employees engaged in any Agreement work. Grantee shall maintain any other insurance
required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to
DEO.
DEO shall not pay for any costs of any insurance or policy deductible, and payment of any
insurance costs shall be Grantee's sole responsibility. Providing and maintaining adequate
insurance coverage is a material obligation of Grantee, and failure to maintain such coverage may
void the Agreement, at DEO's sole and absolute discretion, after DEO's review of Grantee's
insurance coverage when Grantee is unable to comply with DEO's requests concerning additional
appropriate and necessary insurance coverage. Upon execution of this Agreement, Grantee shall
provide DEO written verification of the existence and amount for each type of applicable
insurance coverage. Within 30 calendar days of the Effective Date of the Agreement, Grantee shall
furnish DEO proof of applicable insurance coverage by standard ACORD form certificates of
insurance. In the event that an insurer cancels any applicable coverage for any reason, Grantee
shall immediately notify DEO of such cancellation and shall obtain adequate replacement
coverage conforming to the requirements herein and provide proof of such replacement coverage
within 15 business days after the cancellation of coverage. Copies of new insurance certificates
must be provided to DEO's Agreement Manager with each insurance renewal.
N. CONFIDENTIALITY AND SAFEGUARDING INFORMATION
Each Party may have access to confidential information made available by the other. The
provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and
federal laws will govern disclosure of any confidential information received by the State of Florida.
Grantee must implement procedures to ensure the appropriate protection and confidentiality of
all data, files, and records involved with this Agreement.
Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Grantee
shall not divulge to third parties any confidential information obtained by Grantee or its agents,
distributors, resellers, subcontractors, officers, or employees in the course of performing
Agreement work, including, but not limited to, security procedures, business operations
information, or commercial proprietary information in the possession of the State or DEO.
Grantee shall not use or disclose any information concerning a recipient of services under this
Agreement for any purpose in conformity with state and federal law or regulations except upon
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written consent of the recipient, or Recipients' responsible parent or guardian when authorized
by law, if applicable.
When Grantee has access to DEO's network and/or applications, in order to fulfill Grantee's
obligations under this Agreement, Grantee shall abide by all applicable DEO Information
Technology Security procedures and policies. Grantee (including its employees, subcontractors,
agents, or any other individuals to whom Grantee exposes confidential information obtained
under this Agreement), shall not store, or allow to be stored, any confidential information on any
portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with
the capacity to hold information. Failure to strictly comply with this provision shall constitute a
breach of Agreement.
Grantee shall immediately notify DEO in writing when Grantee, its employees, agents, or
representatives become aware of an inadvertent disclosure of DEO's unsecured confidential
information in violation of the terms of this Agreement. Grantee shall report to DEO any Security
Incidents of which it becomes aware, including incidents sub -contractors or agents reported to
Grantee. For purposes of this Agreement, "Security Incident" means the attempted or successful
unauthorized access, use, disclosure, modification, or destruction of DEO information in Grantee's
possession or electronic interference with DEO operations; provided, however, that random
attempts at access shall not be considered a security incident. Grantee shall make a report to
DEO not more than seven (7) business days after Grantee learns of such use or disclosure.
Grantee's report shall identify, to the extent known: (i) the nature of the unauthorized use or
disclosure, (ii) the confidential information used or disclosed, (iii) who made the unauthorized use
or received the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any
detrimental effect of the unauthorized use or disclosure, and (v) what corrective action Grantee
has taken or shall take to prevent future similar unauthorized use or disclosure. Grantee shall
provide such other information, including a written report, as DEO's Information Security
Manager requests.
In the event of a breach of security concerning confidential personal information involved with
this Agreement, Grantee shall comply with s. 501.171, F.S., as applicable. When notification to
affected persons is required under this section of the statute, Grantee shall provide that
notification, but only after receipt of DEO's written approval of the contents of the notice.
Defined statutorily under section 501.171(1)(a), F.S., and for purposes of this Agreement, "breach
of security" or "breach" means the unauthorized access of data in electronic form containing
personal data. Good faith acquisition of personal information by an employee or agent of Grantee
is not a breach, provided the information is not used for a purpose unrelated to Grantee's
obligations under this Agreement or is not subject to further unauthorized use.
O. PATENTS, COPYRIGHTS, AND ROYALTIES
1. All legal title and every right, interest, claim or demand of any kind, in and to any patent,
trademark or copyright, or application for the same, or any other intellectual property right
to, the work developed or produced under or in connection with this Agreement, is the
exclusive property of DEO to be granted to and vested in the Florida Department of State for
the use and benefit of the state; and no person, firm or corporation shall be entitled to use
the same without the written consent of the Florida Department of State. Any contribution
by Grantee or its employees, agents or contractors to the creation of such works shall be
considered works made for hire by Grantee for DEO and, upon creation, shall be owned
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exclusively by DEO. To the extent that any such works may not be considered works made
for hire for DEO under applicable law, Grantee agrees, upon creation of such works, to
automatically assign to DEO ownership, including copyright interests and any other
intellectual property rights therein, without the necessity of any further consideration.
2. If any discovery or invention arises or is developed in the course or as a result of work or
services performed with funds from this Agreement, Grantee shall refer the discovery or
invention to DEO who will refer it to the Department of State to determine whether patent
protection will be sought in the name of the State of Florida.
3. Where activities supported by this Agreement produce original writings, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of any similar
nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in
any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do
so. Grantee shall give DEO written notice when any books, manuals, films, websites, web
elements, electronic information, or other copyrightable materials are produced.
4. Notwithstanding any other provisions herein, in accordance with s. 1004.23, F.S., a State
University is authorized in its own name to perform all things necessary to secure letters of
patent, copyrights, and trademarks on any works it produces. Within 30 calendar days of
same, the president of a State University shall report to the Department of State any such
university's action taken to secure or exploit such trademarks, copyrights, or patents in
accordance with s.1004.23(6), F.S.
P. INFORMATION TECHNOLOGY RESOURCE
Grantee shall obtain prior written approval from the appropriate DEO authority before purchasing
any Information Technology Resource (ITR) or conducting any activity that will impact DEO's
electronic information technology equipment or software in any way. ITR includes computer
hardware, software, networks, devices, connections, applications, and data. Grantee shall contact
the DEO Agreement Manager listed herein in writing for the contact information of the
appropriate DEO authority for any such ITR purchase approval.
Q. NONEXPENDABLE PROPERTY
1. For the requirements of this Nonexpendable Property section of the Agreement,
"nonexpendable property" is the same as "property" as defined in s. 273.02, F.S., (equipment,
fixtures, and other tangible personal property of a non -consumable and nonexpendable
nature).
2. All nonexpendable property, purchased under this Agreement, shall be listed on the property
records of Grantee. Grantee shall inventory annually and maintain accounting records for all
nonexpendable property purchased and submit an inventory report to DEO with the final
expenditure report. The records shall include, at a minimum, the following information:
property tag identification number, description of the item(s), physical location, name, make
or manufacturer, year, and/or model, manufacturer's serial number(s), date of acquisition,
and the current condition of the item.
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3. At no time shall Grantee dispose of nonexpendable property purchased under this Agreement
without the written permission of and in accordance with instructions from DEO.
4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with
the date and reason(s) for the loss.
S. Grantee shall be responsible for the correct use of all nonexpendable property Grantee
purchases or DEO furnishes under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in Attachment 1, Scope of Work.
7. Upon the Expiration Date of this Agreement, Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants
to DEO a right of first refusal in all such property prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee.
Grantee shall provide written notice of any such planned disposition and await DEO's
response prior to disposing of the property. "Disposition" as used herein, shall include, but is
not limited to, Grantee no longer using the nonexpendable property for the uses authorized
herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable
property. DEO, in its sole discretion, may require Grantee to refund to DEO the fair market
value of the nonexpendable property at the time of disposition rather than taking possession
of the nonexpendable property.
R. REQUIREMENTS APPLICABLE TO THE PURCHASE OF OR IMPROVEMENTS TO REAL PROPERTY (Nor
applicable)
S. CONSTRUCTION AND INTERPRETATION
The title of and the section and paragraph headings in this Agreement are for convenience of
reference only and shall not govern or affect the interpretation of any of the terms or provisions
of this Agreement. The term "this Agreement" means this Agreement together with all
attachments and exhibits hereto, as the same may from time to time be amended, modified,
supplemented, or restated in accordance with the terms hereof. The use in this Agreement of the
term "including" and other words of similar import mean "including, without limitation" and
where specific language is used to clarify by example a general statement contained herein, such
specific language shall not be deemed to modify, limit, or restrict in any manner the construction
of the general statement to which it relates. The word "or" is not exclusive and the words
"herein," "hereof," "hereunder," and other words of similar import refer to this Agreement,
including any Exhibits and Attachments, and not to any particular section, subsection, paragraph,
subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms
importing the singular shall also include the plural, and vice versa. The reference to an agreement,
instrument, or other document means such agreement, instrument, or other document as
amended, supplemented, and modified from time to time to the extent permitted by the
provisions thereof and the reference to a statute means such statute as amended from time to
time and includes any successor legislation thereto and any regulations promulgated thereunder.
All references to "$" shall mean United States dollars. The term "Grantee" includes any person
or entity which has been duly authorized to and has the actual authority to act or perform on
Grantee's behalf. The term "DEO" includes the State of Florida and any successor office,
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department, or agency of DEO, and any person or entity which has been duly authorized to and
has the actual authority to act or perform on DEO's behalf. The recitals of this Agreement are
incorporated herein by reference and shall apply to the terms and provisions of this Agreement
and the Parties. Time is of the essence with respect to the performance of all obligations under
this Agreement. The Parties have participated jointly in the negotiation and drafting of this
Agreement, and each Party has read and understands this Agreement. In the event an ambiguity
or question of intent or interpretation arises, this Agreement shall be construed as if drafted
jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring
any Party by virtue of the authorship of any of the provisions of this Agreement.
T. CONFLICT OF INTEREST
This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer,
director, employee, or other agent who is also an employee of the State. Grantee shall also
disclose the name of any State employee who owns, directly or indirectly, more than a 5% interest
in Grantee or its affiliates.
U. GRANTEE AS INDEPENDENT CONTRACTOR
Grantee is at all times acting and performing as an independent contractor. DEO has no ability to
exercise any control or direction over the methods by which Grantee may perform its work and
functions, except as provided herein. Nothing in this Agreement may be understood to constitute
a partnership or joint venture between the Parties.
V. EMPLOYMENT ELIGIBILITY VERIFICATION — E-VERIFY
1. Section 448.095, F.S., requires the following:
a. Every public employer, contractor, and subcontractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees. A public
employer, contractor, or subcontractor may not enter into a contract unless each party to
the contract registers with and uses the E-Verify system.
b. A private employer shall, after making an offer of employment which has been accepted
by a person, verify such person's employment eligibility. A private employer is not required
to verify the employment eligibility of a continuing employee hired before January 1, 2021.
However, if a person is a contract employee retained by a private employer, the private
employer must verify the employee's employment eligibility upon the renewal or
extension of his or her contract.
2. E-Verify is an Internet -based system that allows an employer, using information reported on
an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States. There is no charge to employers to use E-
Verify. The Department of Homeland Security's E-Verify system can be found at:
httr)s://www.e-verifv.eov/.
3. If Grantee does not use E-Verify, Grantee shall enroll in the E-Verify system prior to hiring any
new employee or retaining any contract employee after the effective date of this Agreement,
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W. NOTIFICATIONS OF INSTANCES OF FRAUD
Upon discovery, Grantee shall report all known or suspected instances of Grantee, or Grantee's
agents, contractors or employees, operational fraud or criminal activities to DEO's Agreement
Manager in writing within 24 chronological hours.
X. NON-DISCRIMINATION
Grantee shall not discriminate unlawfully against any individual employed in the performance of
this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's
ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a
harassment -free workplace, with any allegation of harassment to be given priority attention and
action.
Y. ASSIGNMENTS AND SUBCONTRACTS
1. Grantee shall not assign, subcontract, or otherwise transfer its rights, duties, or obligations
under this Agreement, by operation of law or otherwise, without the prior written consent of
DEO, which consent may be withheld in DEO's sole and absolute discretion. DEO is at all times
entitled to assign or transfer its rights, duties, or obligations under this Agreement to another
governmental entity in the State of Florida. Any attempted assignment of this Agreement or
any of the rights hereunder by Grantee in violation of this provision shall be void ab initio.
2. Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling
the obligations of this Agreement. If in the scope of work or in a separate writing DEO permits
Grantee to subcontract all or part of the work contemplated under this Agreement, including
entering into subcontracts with vendors for services, it is understood by Grantee that all such
subcontract arrangements shall be evidenced by a written document containing all provisions
necessary to ensure subcontractor's compliance with applicable state and federal law, and
that Grantee remains fully responsible for all work performed and all expenses incurred in
fulfilling the obligations of this Agreement. Grantee further agrees that DEO shall not be liable
to the subcontractor for any expenses or liabilities incurred under the subcontract and
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract. Grantee, at its expense, will defend DEO against such claims.
3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under
the Agreement shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Grantee shall furnish a copy of technical certification or
other proof of qualification. All Grantee employees, subcontractors, or agents performing
work under the Agreement must comply with all DEO security and administrative
requirements identified herein. DEO may conduct, and Grantee shall cooperate in, a security
background check or otherwise assess any employee, subcontractor, or agent furnished by
Grantee. DEO may refuse access to, or require replacement of, any of Grantee's employees,
subcontractors, or agents for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with DEO's
security or administrative requirements identified herein. Such refusal shall not relieve
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Grantee of its obligation to perform all work in compliance with the Agreement. DEO may
reject and bar from any facility for cause any of Grantee's employees, subcontractors, or
agents.
4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its
rights, duties, or obligations under this Agreement to another governmental agency in the
State of Florida, upon giving prior written notice to Grantee. In the event the State of Florida
approves transfer of Grantee's obligations, Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition, this
Agreement shall bind the successors, assigns, and legal representatives of Grantee and of any
legal entity that succeeds to the obligations of the State of Florida.
S. Grantee agrees to make payments to the subcontractor within seven (7) working days after
receipt of full or partial payments from DEO in accordance with s. 287.0585, F.S., unless
otherwise stated in the Agreement between Grantee and subcontractor. Grantee's failure to
pay its subcontractors within seven (7) working days will result in a penalty charged against
Grantee and paid to the subcontractor in the amount of one-half of one percent of the
amount due per day from the expiration of the period allowed herein for payment. Such
penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent
of the outstanding balance due.
6. Grantee shall provide a monthly Minority and Service -Disabled Veteran Business Enterprise
Report for each invoice period summarizing the participation of certified and non -certified
minority and service -disabled veteran subcontractors/material suppliers for that period, and
project to date. The report shall include the names, addresses and dollar amount of each
certified and non -certified Minority Business Enterprise and Service -Disabled Veteran
Enterprise participant and a copy must be forwarded to DEO's Agreement Manager. The
Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified
minorities. DEO's Minority Coordinator at (850) 245-7471 will assist with questions and
answers.
7. DEO shall retain the right to reject any of Grantee's or subcontractor's employees whose
qualifications or performance, in DEO's judgment, are insufficient.
Z. ENTIRE AGREEMENT; SEVERABILITY; CONFLICTS; COUNTERPARTS.
This Agreement, and the attachments and exhibits hereto, embody the entire agreement of the
Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or
obligations other than those contained in this Agreement; and this Agreement supersedes all
previous communications, representations, or agreements, either verbal or written, between the
Parties. If a court of competent jurisdiction voids or holds unenforceable any provision of this
Agreement, then that provision shall be enforced only to the extent that it is not in violation of
law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect.
If any inconsistencies or conflict between the language of this Agreement and its Attachments
arise, then the language of the attachments shall control, but only to the extent of the conflict or
inconsistency. This Agreement may be executed in counterparts, each of which shall be an original
and all of which shall constitute but one and the same instruments.
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AA. WAIVER; GOVERNING LAW; ATTORNEYS' FEES, DISPUTE RESOLUTION
1. Waiver. No waiver by DEO of any of provision herein shall be effective unless explicitly set
forth in writing and signed by DEO. No waiver by DEO may be construed as a waiver of any
failure, breach, or default not expressly identified by such written waiver, whether of a
similar or different character, and whether occurring before or after that waiver. No failure
by DEO to exercise, or delay in exercising, any right, remedy, power or privilege under this
Agreement may be construed as a waiver thereof; nor shall any single or partial exercise of
any right, remedy, power or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege. The rights and
remedies set forth herein are cumulative and not exclusive.
2. Governing law. The laws of the State of Florida shall govern the construction, enforcement,
and interpretation of this Agreement, regardless of and without reference to whether any
applicable conflicts of laws principles may point to the application of the laws of another
jurisdiction. The Parties expressly consent to exclusive jurisdiction and venue in any state
court located in Leon County, Florida, and waive any defense of forum non conveniens, lack
of personal jurisdiction, or like defense. IN ANY LEGAL OR EQUITABLE ACTION BETWEEN THE
PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY TO THE FULLEST EXTENT
PERMITTED BY LAW.
3. Attorneys' Fees, Expenses. Except as set forth otherwise herein, each of the Parties shall pay
its own attorneys' fees and costs in connection with the execution and delivery of this
Agreement and the transactions contemplated hereby.
4. Dispute Resolution. DEO shall decide disputes concerning the performance of the
Agreement, and DEO shall serve written notice of same to Grantee. DEO's decision shall be
final and conclusive unless within 21 calendar days from the date of receipt, Grantee submits
a petition for an administrative hearing to DEO's Agency Clerk. DEO's final order on the
petition shall be final, subject to any right of Grantee to judicial review pursuant to s.120.68,
F.S. Exhaustion of administrative remedies is an absolute condition precedent to Grantee's
ability to pursue any other form of dispute resolution; provided however, that the Parties
may employ the alternative dispute resolution procedures outlined in chapter 120, F.S.
BB. INDEMNIFICATION
1. If Grantee is a state agency or subdivision, as defined in s. 768.28(2), F.S., pursuant to S.
768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other
Party for the other Party's negligence.
2. Grantee shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
Grantee, its agents, employees, partners, or subcontractors; provided, however, that
Grantee shall not indemnify, defend, and hold harmless the State and DEO, and their officers,
agents, and employees for that portion of any loss or damages the negligent act or omission
of DEO or the State proximately caused.
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3. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from
any suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to violation or infringement of a trademark, copyright, patent,
trade secret or intellectual property right; provided, however, that the foregoing obligation
shall not apply to DEO's misuse or modification of Grantee's products or DEO's operation or
use of Grantee's products in a manner not contemplated by this Agreement. If any product
is the subject of an infringement suit, or in Grantee's opinion is likely to become the subject
of such a suit, Grantee may, at Grantee's sole expense, procure for DEO the right to continue
using the product or to modify it to become non -infringing. If Grantee is not reasonably able
to modify or otherwise secure for DEO the right to continue using the product, Grantee shall
remove the product and refund DEO the amounts paid in excess of a reasonable fee, as
determined by DEO in its sole and absolute discretion, for past use. DEO shall not be liable
for any royalties.
4. Grantee's obligations under the two immediately preceding paragraphs above, with respect
to any legal action are contingent upon the State or DEO giving Grantee: (1) written notice
of any action or threatened action, (2) the opportunity to take over and settle or defend any
such action at Grantee's sole expense, and (3) assistance in defending the action at Grantee's
sole expense. Grantee shall not be liable for any cost, expense, or compromise incurred or
made by the State or DEO in any legal action without Grantee's prior written consent, which
shall not be unreasonably withheld.
S. The State and DEO may, in addition to other remedies available to them at law or equity and
upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary
to satisfy any claim for damages, penalties, costs and the like asserted by or against them.
The State may set off any liability or other obligation of Grantee or its affiliates to the State
against any payments due Grantee under any Agreement with the State.
CC. CONTACT INFORMATION FOR GRANTEE AND DEO
Grantee's Agreement Manager:
Lisa L. Frazier
Community Development Director
City of Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
Telephone: 772-388-8228
Facsimile: 772-388-8248
Email: Ifrazier(acitvofsebastia n.ore
DEO's Agreement Manager:
Amanda Iscrupe
Department of Economic Opportunity
107 East Madison Street, MSC 160
Tallahassee, FL 32399-4120
Telephone: (850) 717-8496
Facsimile: (850) 717-8522
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Email: amanda.iscruoeCodeo.mvfiorida.com
DD. NOTICES
The Parties' respective contact information is set forth in the immediately preceding paragraph
and may be subject to change at the Parties' discretion. If the contact information changes, the
Party making such change will notify the other Party in writing. Where the term "written notice"
is used to specify a notice requirement herein, said notice shall be deemed to have been given (i)
when personally delivered; (ii) when transmitted via email with proof of delivery; (iii) the next
business day following the day on which the same has been delivered prepaid to a recognized
overnight delivery service; or (iv) the day on which the same is sent by certified or registered mail,
postage prepaid, with return receipt.
[Rest of page left intentionally blank; Attachments to follow after signature page]
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IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments hereto, the Parties, through their duly -authorized representatives, sign this Agreement and
represent and warrant that they understand the Agreement and Attachments' terms and conditions as of
the Effective Date.
DEPARTMENT OF ECONOMIC OPPORTUNITY
By
Title
Date
By
Signature
Benjamin Melnick
Deputy Secretary Title
Community Development
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Approved Date:
Date
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CITY OF SEBASTIAN, FLORIDA
Signature
Jim Hill
Mayor
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Attachment 1
SCOPE OF WORK
Agreement # P0449
1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to
Section (s.)163.3168, Florida Statutes (F.S.), and Specific Appropriation 2285, Chapter 2022-156, Laws
of Florida, to provide direct and/or indirect technical assistance to help Florida communities find
creative solutions to fostering vibrant, healthy communities, while protecting the functions of
important State resources and facilities.
2. PROJECT DESCRIPTION: The City of Sebastian ("Grantee") shall develop a Riverfront Community
Redevelopment Area ("CRA") Sustainable Economic Redevelopment Plan Update (the "Plan Update")
to aid the Grantee in identifying sustainable strategies and opportunities for the future of its core
urban area. Through this project, the Grantee will promote a diverse economy and implement
resiliency planning that will address coastal flooding and hurricane impacts. The Plan Update will
include economic strategies that will assist the Grantee in defining markets, designing infrastructure
projects that address growth and climate change, and capturing the Grantee's essence in a
comprehensive design. Grantee's work shall include an evaluation of existing conditions, a market
assessment, economic analysis, and preparation of the final Plan Update. In addition, public
involvement will play a critical role in defining the Plan Update and will include public workshops and
an online survey. The Plan Update and recommendations will be presented to the City Council for
acceptance. All meetings and/or hearings required under this Agreement may be held in either an in -
person or virtual format at the discretion of the Grantee.
3. GRANTEE'S RESPONSIBILITIES: Grantee shall timely perform the Deliverables and Tasks described in
this section and in Section 5 below, and in doing so, Grantee shall comply with all the terms and
conditions of this Agreement. All deliverables and tasks under this Agreement must be completed
on or before the end of the Agreement Period set forth in Section A., Agreement Period, of this
Agreement, unless extended by an amendment to this Agreement signed by both Parties.
A. Deliverable 1. Existing Conditions and Baseline Evaluation;
Grantee shall:
1. Develop a Baseline Evaluation Report that summarizes at a minimum the following:
a. Past and proposed capital projects and programs within the Riverfront CRA.
b. Existing data and analysis reports pertaining to projects and programs within the
Riverfront CRA.
c. Existing and potential project sites within the Riverfront CRA.
d. Existing Riverfront CRA Performance Overlay design criteria.
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B. Deliverable 2. Market Assessment and Economic Analysis;
Grantee shall:
1. Prepare a Market Assessment and Economic Analysis Report for the Riverfront CRA that
includes:
a. A Parcel Inventory Report that includes an inventory of each CRA parcel/lot that identifies
the size of the parcel/lot and the existing land use, existing zoning, and Future Land Use
Map designation of each parcel/lot. Inventory results shall be depicted in a table and
existing land uses will be shown on a map.
b. An analysis of current economic conditions of commercial and residential markets that
shall address the following:
i. Business and employment data including business by type, amount of commercial
floor space occupied and vacant, cost to lease/rent commercial floor space, and
unemployment rate.
ii. Residential dwelling units data including amount of single-family and multi -family,
amount occupied, owner occupied and renter occupied, vacancy rate, median
dwelling unit value, and cost to rent.
c. An analysis of market potential which may include, but shall not be limited to, a gap
analysis and potential development opportunities for commercial and residential markets
within the CRA. Potential development opportunities shall be based on current
demographic and land use data and shall assess a 15 year future growth projection of
commercial and residential uses.
C. Deliverable 3. Public Input and Public Workshops;
Grantee shall:
1. Conduct two (2) advertised public workshops to review and seek input for the Plan Update by
preparing and presenting the following for feedback:
a. PowerPoint presentation regarding the Plan Update including:
1) Alternative Design Criteria within the CRA.
2) Graphics identifying the location and proposed improvements of potential redevelopment
projects within the CRA.
3) Proposed catalyst sites and opportunities.
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4) Proposed Performance Overlay Design Criteria.
2. Create a CRA Plan Update information webpage that includes, but is not limited to:
a. A general overview of the CRA Plan's five (5) districts including a descriptive narrative and
economic snapshot of the overall CRA, infrastructure, zoning, pipeline projects, and socio-
economic data.
b. Information on catalyst/redevelopment opportunity sites.
c. CRA survey that seeks community input regarding key issues, opportunities, current and
potential projects, and current and potential programs within the CRA.
D. Deliverable 4. Riverfront CRA Sustainable Economic Redevelopment Plan Update and Public
Hearing;
Grantee shall:
1. Prepare the Plan Update in compliance with s.163.362, F.S. The Plan Update shall include the
following:
a. General administration.
b. A map showing the location of the CRA Plan area and districts.
c. Review of current conditions and infrastructure development projects.
d. Recommended improvement programs, which may include opportunity sites within the
CRA.
e. Updated and prioritized short- and long-term projects and timelines consistent with
updated goals and objectives.
f. Map showing the location and conceptual design of potential projects and opportunity
sites within the CRA.
g. Proposed Performance Overlay District performance criteria and graphic renderings.
h. Updated Tax Increment Financing projections and analysis compared to City ad valorem
average.
i. Review of past, current, and projected City millages.
j. Future growth projections with analysis of alternative funding based on the market
assessment and economic analysis report.
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k. Proposed updates to the Capital Improvements Plan addressing at least a 15 year
timeframe.
I. Recommended strategies for implementation.
2. Conduct an advertised public hearing before the Sebastian City Council where the Plan Update
shall be presented for acceptance; or, if such public hearing is unable to be held during the
Agreement Period, Grantee shall submit a written acknowledgement that such public hearing
shall be conducted before the end of the calendar year.
4. DEO RESPONSIBILITIES: DEO shall receive and review the Deliverables and, upon DEO's acceptance
of the Deliverables and receipt of Grantee's pertinent invoices in compliance with the invoice
procedures of Section K of this Agreement and of Section 10 of this Scope of Work, DEO shall process
payment to Grantee in accordance with the terms and conditions of this Agreement.
S. DELIVERABLES: The specific deliverables, tasks, minimum levels of service, due dates, and payment
amounts are set forth in the following table:
Deliverables and Tasks Minimum Level of Service Payment Amount Financial
Not to Exceed Consequences
Deliverable 1. Existing
Completion of Deliverable 1 as
$5,000 As provided in
Conditions and Baseline
evidenced by submission of all
Section 12 of
Evaluation;
of the following:
this Scope of
Work, below.
Grantee shall develop a
1. Baseline Evaluation Report
Baseline Evaluation
including, at a minimum, the
Report in accordance with
components prescribed in
Section 3.A. of this Scope
Section 3.A. of this Scope of
of Work.
Work.
Deliverable due date:
October 28, 2022 Grantee shall submit copies of
all required documentation
identified above on paper or
electronically in MS Word or
PDF format. If maps are
required, they shall be uploaded
to SERA system or provided on a
compact disc in PDF format with
ArcGIS 10.3.1 compatible
shapefiles if they are available.
Deliverable 2. Market Completion of Deliverable 2 as $15,000 As provided in
Assessment and Economic evidenced by submission of all Section 12 of
Analysis; of the following:
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Grantee shall prepare a
1. Market Assessment and this Scope of
Market Assessment and
Economic Analysis Report Work, below.
Economic Analysis report
including the components
for the Riverfront CRA in
prescribed in Section 3.13. of
accordance with Section
this Scope of Work.
3.13. of this Scope of Work.
Grantee shall submit copies of
Deliverable due date:
all required documentation
November 28, 2022
identified above on paper or
electronically in MS Word or
PDF format. If maps are
required, they shall be uploaded
to SERA system or provided on a
compact disc in PDF format with
ArcGIS compatible shapefiles if
they are available.
Deliverable 3. Public
Completion of Deliverable 3 as
$10,000 As provided in
Input and Public
evidenced by submission of all
Section 12 of
Workshops;
of the following:
this Scope of
Work, below.
Grantee shall conduct two
1. Public notice, agenda,
(2) advertised public
PowerPoint, and a summary
workshops and create a
of each public workshop.
CRA Plan Update
information webpage in
2. Screenshot of CRA Plan
accordance with Section
information webpage.
3.C. of this Scope of Work.
3. Copy of survey instrument
Deliverable due date:
posted on webpage.
March 31, 2023
Grantee shall submit copies of
all required documentation
identified above on paper or
electronically in MS Word or
PDF format. If maps are
required, they shall be uploaded
to SERA system or provided on a
compact disc in PDF format with
ArcGIS compatible shapefiles if
they are available.
Deliverable 4. Riverfront Completion of Deliverable 4 as $40,000 As provided in
CRA Sustainable Economic evidenced by submission of all Section 12 of
Redevelopment Plan of the following: this Scope of
Update and Public Work, below.
Hearing; 1. Riverfront CRA Plan Update.
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Grantee shall prepare the
Riverfront CRA Plan
Update and conduct a
public hearing in
accordance with Section
3.1). of this Scope of Work.
Deliverable due date:
June 9, 2023
2. Copies of public hearing
notice, meeting agenda,
presentation materials, if
any, and either minutes or a
written summary of the
public hearing; or, if such
public hearing is unable to
be held during the
Agreement Period, Grantee
shall submit a written
acknowledgement that such
hearing shall be conducted
before the end of the
calendar year.
Grantee shall submit copies of
all required documentation
identified above on paper or
electronically in MS Word or
PDF format. If maps are
required, they shall be uploaded
to SERA system or provided on a
compact disc in PDF format with
ArcGIS compatible shapefiles if
they are available.
Agreement # P0449
Total Amount Not to Exceed $70,000
6. SUBCONTRACTS. In accordance with Section Y., Assignments and Subcontracts, of this Agreement
and subject to the terms and conditions in sections Y.1. through 7 of this Agreement, this paragraph
constitutes DEO's written approval for Grantee to subcontract for any of the deliverables and/or tasks
identified in the Scope of Work for this Agreement. A copy of any executed subcontract(s) or
amendment to any existing subcontract(s) shall be provided to DEO's Agreement Manager when
submitting reimbursement request documents for payment. Grantee shall be solely liable for all work
performed and all expenses incurred as a result of any such subcontract. Any subcontracts between
the Grantee and a subcontractor for work performed under this Agreement shall identify the hourly
rate of pay to be charged by the subcontractor and shall require all invoices from the subcontractor
to the Grantee to identify the hourly rate of pay, actual hours worked on the grant project, and any
expenses incurred by the subcontractor in performing such work.
7. DELIVERABLE DUE DATE. The "deliverable due date" is the date the deliverable must be received by
DEO by 11:59 p.m. on that date. For extensions of deliverable due dates, see Section 15 of this Scope
of Work.
8. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a "business day" is any
day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period
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provided in this Agreement, the date from which the time period runs is not counted. The last day of
the time period ends at 11:59 p.m. on that day.
9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are
established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreement Period; however,
this is not intended to restrict DEO's ability to approve and reimburse allowable costs, incurred by
Grantee in providing the deliverables herein. Prior written approval from DEO's Agreement Manager
is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each
deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total
funding amount will require a formal written amendment, as described in Section D., Renegotiation
or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than
the total amount of this Agreement.
10. INVOICE SUBMITTAL AND PAYMENT.
A. DEO agrees to reimburse the Grantee for costs under this Agreement in accordance with Section
K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable in Section
5 of this Scope of Work, above. The deliverable amount specified does not establish the value of
the deliverable. Pursuant to s. 215.971(1). F.S., Grantee will be reimbursed for allowable costs
incurred during the Agreement Period by Grantee in carrying out the Project.
B. Subject to the terms and conditions of this Agreement, an itemized invoice and all documentation
necessary to support the payment request for each deliverable shall be submitted into DEO's
Subrecipient Enterprise Resource Application (SERA). SERA Access Authorization Form will be
provided after the execution of this Agreement. Invoices are not required to be submitted
through the Ariba Supplier Network described in Section K.2. of this Agreement. Invoices shall
be submitted in the format shown on Attachments 1-A,1-B, and 1-C hereto, electronic copies
of which shall be provided by DEO to the Grantee. Grantee shall use Attachment 1-A if work for
the deliverable is completed entirely by a subcontractor, Attachment i-B if work for the
deliverable is completed entirely by Grantee's employee(s), and Attachment 1-C if work for the
deliverable is completed both by a subcontractor and by Grantee's employee(s).
C. Grantee shall provide one (1) itemized invoice for each deliverable submitted during the
applicable period of time. The invoice shall include, at a minimum, the following:
1. Grantee's name and address;
2. Grantee's federal employer identification number;
3. the Agreement number;
4. the Grantee's invoice number;
5. an invoice date;
6. the dates of service;
7. the deliverable number;
8. a description of the deliverable;
9. a statement that the deliverable has been completed; and
10. the amount being requested.
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D. Grantee shall submit a final invoice no later than 60 days after this Agreement ends or is
terminated as provided in Section K.S. of this Agreement.
E. Documentation that must accompany each itemized invoice: The following documents shall be
submitted with the itemized invoice:
1. For Work Performed by a Subcontractor:
a. A cover letter signed by the Grantee's Agreement Manager certifying that the
payments claimed for the deliverables were specifically for the project, as described
in this Scope of Work;
b. Copies of paid invoices submitted to Grantee by the Subcontractor that show the
hourly rate of pay charged forthe work performed, the actual hours expended on the
work performed, and any expenses incurred by the subcontractor in performing said
work; and
c. Proof of payment of invoices submitted to Grantee by the Subcontractor for work
performed pursuant to this Agreement (e.g., cancelled checks, bank statement
showing deduction).
2. For Work Performed by Grantee's Employees:
a. A cover letter signed by the Grantee's Agreement Manager certifying that the
payments claimed for the deliverables were specifically for the project, as described
in this Scope of Work.
b. Identification of Grantee's employees who performed work under this Agreement
and, for each such employee:
I. The percentage of the employee's time devoted to work under this
Agreement or the number of total hours each employee devoted to work
under this Agreement.
ii. Payroll register or similar documentation that shows the employee's gross
salary, fringe benefits, other deductions, and net pay. If the employee is paid
hourly, a document reflecting the hours worked times the rate of pay is
acceptable.
c. Invoices or receipts for other direct costs.
d. Usage log for in-house charges (e.g., postage, copies, etc.) that shows the number of
units times the rate charged. The rate must be reasonable.
F. Payment shall be provided to Grantee in accordance with Section K., Invoices and Payments, of
this Agreement.
11. SUBMITTAL, REVIEW AND ACCEPTANCE OF DELIVERABLES; NOTICE; OPPORTUNITY TO CURE.
Grantee shall submit all deliverables to the DEO CPTA Deliverables email at
CPTADeliverablesCddeo.mvflorida.com and DEO's Agreement Manager or upload the deliverable
documents into DEO's SERA system for review. DEO will review all work submitted for payment under
the deliverables and will determine in DEO's sole and absolute discretion whether the deliverables
are sufficient to satisfy the requirements in this Scope of Work. Within 15 business days after receipt
of a deliverable, DEO shall provide written notice to Grantee by electronic mail of DEC's determination
that the deliverable is sufficient and is accepted or that the deliverable is not sufficient to satisfy the
requirements in the Scope of Work and how the Grantee can address the insufficiency. If DEO
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determines that a deliverable is not sufficient under this Agreement, Grantee shall have 10 business
days from the date of receipt of notice from DEO to correct the insufficiency, and during this 10
business day period, the financial consequences specified in Section 12 of this Scope of Work will not
be assessed. DEO may extend this timeframe in writing (which may be by electronic mail) if Grantee
is actively working with DEO to resolve the insufficiency; provided, however, that any extension of
time under this section will not extend the Agreement Period in Section A. of this Agreement and
provided further that, notwithstanding the timeframes in this section, all deliverables and tasks must
be completed on or before the end of the Agreement Period in Section A of this Agreement. An
extension of time under this section does not require an amendment to this Agreement. Payment for
a deliverable shall not be due until DEO notifies the Grantee's Agreement Manager in writing that the
deliverable or corrected deliverable is sufficient under the Scope of Work and is accepted by DEO.
12. FINANCIAL CONSEQUENCES.
A. Financial consequences of $50 per business day up to a maximum amount of $500 shall be
imposed in each of the following circumstances:
1. Grantee submits a deliverable to DEO more than ten (10) business days after the
deliverable due date. Financial consequences begin to accrue on the eleventh business
day following the deliverable due date and continue until the deliverable is received by
DEO or the maximum amount of financial consequence accrues, whichever occurs first.
2. Grantee is given a notice of insufficiency and fails to submit to DEO a corrected deliverable
within the timeframe provided in Section 11 of this Scope of Work. Financial
consequences begin to accrue on the business day following the deadline under Section
11 of this Scope of Work and continue until the corrected deliverable is received by DEO
or the maximum financial consequence accrues, whichever occurs first.
B. Imposition of the above described financial consequences shall in no manner affect DEO's right
to impose or implement other provisions in this Agreement including the right to terminate this
Agreement.
13. PRELIMINARY DRAFT DELIVERABLES; DEO REVIEW AND COMMENT. Preliminary draft deliverables
of proposed or adopted comprehensive plan amendments are required to be provided to DEO for
comment prior to the deliverable due date as provided in Section 3. of this Scope of Work. Unless
other preliminary draft deliverables are required to be submitted to DEO under Section 3 of this Scope
of Work, above, Grantee is encouraged, but not required, to submit preliminary drafts of all
substantive written deliverables (e.g., master plans, studies, reports) to DEO for review and comment
no later than ten (10) business days before the deliverable due date. If DEO provides comments,
Grantee is urged to address them in the deliverable submitted to DEO for payment. If submission of
a preliminary draft deliverable for DEO review and comment is required under Section 3 or Section 5
of this Scope of Work, above, DEO shall provide comments to the Grantee no later than four business
days before the deliverable due date and the deliverable must address DEO's comments.
14. LIMITED COMPLIANCE REVIEW; NO DUPLICATION OF WRITTEN MATERIAL. Proposed comprehensive
plan amendments that are deliverables under the Scope of Work must be "in compliance" as defined
in s. 163.3184(1)(b), F.S., and will be evaluated for compliance as part of DEO's review and
determination of whether the deliverable is sufficient to satisfy the requirements in the Scope of
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Work. DEO's compliance determination will be a limited determination without input from the
reviewing agencies identified in s. 163.3184(1)(c), F.S. A limited compliance determination for the
purpose of this Agreement is not binding on DEO in a subsequent review under section 163.3184, F.S.
Further, a limited compliance determination under this Agreement does not preclude review and
comment by reviewing agencies and does not preclude a challenge to the adopted plan amendment
by DEO based on comments by DEO or other reviewing agencies. Documents submitted to DEO for
payment under this Agreement may not copy or duplicate reports or other written material prepared
prior to the Agreement Period in Section A., Agreement Period, of this Agreement or prepared by or
on behalf of someone other than the Grantee for a purpose other than the specific grant project
identified in this Scope of Work. At the option of the Grantee, copies of such relevant documents may
be appended to documents submitted to DEO for payment.
15. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding Section D., Renegotiation or
Modification, of this Agreement, DEO's Agreement Manager, in DEO's sole discretion, may authorize
extensions of deliverable due dates without a written modification of this Agreement. Extensions
shall be requested by Grantee's Agreement Manager (not Grantee's consultant or subcontractor) in
accordance with the following:
A. Requests for extension of one or more deliverable due dates shall be submitted by Grantee's
Agreement Manager in writing (which may be by electronic mail) to DEO's Agreement Manager
no later than one (1) business day before the deliverable due date (or the earliest of multiple
due dates for which the extension is requested);
B. A request for an extension of time received by DEO's Agreement Manager on or after the
deliverable due date to which the extension applies will not be granted;
C. If requested by DEO's Agreement Manager, Grantee's Agreement Manager must explain the
reason for the requested extension; and
D. DEO's Agreement Manager shall approve or deny a request for extension of a deliverable due
date by electronic mail to Grantee's Agreement Manager within two (2) business days after
receipt of the request. Only written approvals of extensions shall be effective.
This authority and procedure do not apply to an extension of the Agreement Period defined in Section
A., Agreement Period, of this Agreement.
16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Section J., Advertising and
Sponsorship Disclosure, and Section F., Records and Information Release, of this Agreement,
Grantee is authorized to disclose to the public on its website or by other means that it has been
awarded a Community Planning Technical Assistance Grant from DEO for the work described in this
Scope of Work.
17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee's operational fraud or criminal
activities shall be reported to DEO's Agreement Manager in writing within twenty-four (24)
chronological hours.
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18. GRANTEE'S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination to
Grantee, except as otherwise specified by DEO in that notice, the Grantee shall:
A. Stop work under this Agreement on the date and to the extent specified in the notice;
B. Complete performance of such part of the work as shall not have been terminated by DEO;
C. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an interest;
and
D. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and make
available to the DEO all property and materials belonging to DEO. No extra compensation will be
paid to Grantee for its services in connection with such transfer or assignment.
19. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In the event of a conflict
between the provisions of this Scope of Work and other provisions of this Agreement, the provisions
of this Scope of Work shall govern.
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Agreement # P0449
Attachment 1-A — Invoice: Grantee's Subcontractor(s) (Contractual Services)
GRANTEE'S NAME:
FEIN:
Agreement No.:
TO:
Florida Department of Economic Opportunity
Division of Community Development
Attn.: Amanda Iscrupe
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
DESCRIPTION
Dates of Service:
INVOICE
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name]
[Grantee address]
[Grantee phone number]
Deliverable Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Contractual Services
TOTAL
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AMOUNT
DocuSign Envelope ID: BF414288-FAEB-4BC2-8C1 F-FB11 E8363A70
Attachment 1-13 — Invoice: Grantee's Employee(s)
GRANTEE'S NAME:
FEIN:
Agreement No.:
TO:
Florida Department of Economic Opportunity
Division of Community Development
Attn.: Amanda Iscrupe
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
DESCRIPTION
Dates of Service:
INVOICE
Agreement # P0449
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name]
[Grantee address]
[Grantee phone number]
Deliverable Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Cateeory expenditures:
Salaries
Fringe Benefits
Travel
Postage
[other direct costs: identify them]
TOTAL
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AMOUNT
DocuSign Envelope ID: BF414288-17AEB-413C2-8C1 F-FB11 E8363A70
Agreement # P0449
Attachment 1-C — Invoice: Combination of Grantee's Subcontractor(s) and Grantee's Employee(s)
GRANTEE'S NAME:
FEIN:
Agreement No.:
TO:
Florida Department of Economic Opportunity
Division of Community Development
Attn.: Amanda Iscrupe
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
DESCRIPTION
Dates of Service:
INVOICE
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name]
[Grantee address]
[Grantee phone number]
Deliverable Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Contractual Services
$_
Salaries
$_
Fringe Benefits
$_
Travel
$_
Postage
$_
[other direct costs: identify them]
$_
TOTAL $,
Page 33 of 40
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AMOUNT
DocuSign Envelope ID: BF414288-FAEBABC2-8C1F-FB11E8363A70
Ron DeSantis
GOVERNOR
FLAIR Contract ID:
Recipient Name:
Vendor ID:
Contract End Date:
Agreement # P0449
Attachment 1-D — Grant Agreement Final Closeout Form
®E,j
FI-OFIDA DEPARTMENT!
ECONOMIC OPFORTIINR
GRANT AGREEMENT FINAL CLOSEOUT FORM
Cmmr.ct Amount
DeobBgated Foods
Final Contract Amount
Section A. Financial Reconciliation
1. Total Recipient Fonds Received from DEC
2. Total Recipient Expendimms
3. Balance of Unexpended Program Income (from Section B)
4. If negative, this amount must be refunded to the Department. If positive, this amount is to be remitted to the
Recipient.
Section B: Statement of Recipient Income
• There was no redpicm income tamed under this comma.
• The follosvme recipient income uas tamed under this contract.
Description of Recipient Income
Source Amount Expended
Total Program Income $0.00 $0.00
Section C: Property Inventory Certification
Dane Eagle
SECRETARY
Balance
$0.00
• No tangible property vns purchased in the contract period.
• All ton -expandable and non -consumable tangible property having a useful fife of more than one year and acquired at a
cost of $1,000 or more parum with gram foods are listed below. I do hereby certify that die property inventory described
below is complete and correct. Notification will be sent immediately to the Dcpar went of Economic Opportunity if any
changes occur to this inventory. I will not destroy, sell, or otherwise dispose Nhis propery without corium permission of
the Deaaronem,
Description of Pro q pry Inventory
Description and Serial Quantity Acquisitions Condition Location
Number
Coat I Date
Section D: Recipient Certification
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventory are
true and accurate.
Name: Signature:
Tide: Date Sinned:
Section E: DEO Internal Review and Approval
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventory arc
true and accurate.
Name: I Signature:
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Agreement # P0449
Attachment 1-E — Subrecipient Enterprise Resource Application (SERA) Form
Attachment 1-E will be provided after execution of this Agreement
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Agreement # P0449
Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient (herein otherwise referred to
as "Grantee") may be subject to audits and/or monitoring by DEO as described in this Attachment
2.
MONITORING. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring
procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits as defined
by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply
and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event the
DEO determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply
with any additional instructions provided by DEO staff to the recipient regarding such audit. The recipient
further agrees to comply and cooperate with anyinspections, reviews, investigations, or audits deemed
necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS.
PART I: FEDERALLY FUNDED. This part is applicable if the recipient is a state or local government or a
nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single
or program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -
Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by
this agreement. In determining the federal awards expended in its fiscal year, the recipient shall
consider all sources of federal awards, including federal resources received from DEO. The
determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor
General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this
Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to
have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -
Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost
of such an audit must be paid from recipient resources obtained from other than federal entities).
PART II: STATE FUNDED. This part is applicable if the recipient is a nonstate entity as defined by Section
215.97(2), Florida Statutes.
L In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and
thereafter), the recipient must have a state single or project -specific audit for such fiscal year in
accordance with s. 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded
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Agreement # P0449
through DEO by this agreement. In determining the state financial assistance expended in its fiscal
year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from DEO, 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.
2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of section 215.97(8), F.S. This includes submission of a
financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3 If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal
years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions
of s. 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial
assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions
of s. 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the
cost of such an audit must be paid from the recipient's resources obtained from other than state
entities).
PART III: OTHER AUDIT REQUIREMENTS.
(NOTE: This part would be used to specify any additional audit requirements imposed by the State
awarding entity thatore solely a matter of that State awarding entity's policy (i.e., the audit is not required
by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to
Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of state financial
assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In
such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)
N/A
PART IV: REPORT SUBMISSION.
L Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -
Audit Requirements, and required by Part I of this form shall be submitted, when required
by 2 CFR §200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse
(FAC) as provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submittingthe single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the
OMB website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on
behalf of the recipient directly to each of the following:
:1. DEO at each of the following addresses:
Electronic copies (preferred): or Paper (hard copy):
Audit@deo.mvflorida.com Department Economic Opportunity
MSC # 75, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
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b. The Auditor General's Office at the following address: Auditor General
Local Government Audits/342 Claude Pepper Building, Room 401111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (httvs://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3 Copies of reports or the management letter required by Part III of this form shall be submitted by
or on behalf of the recipient directly to:
Electronic copies (preferred): or
Audit e(7deo.mvflorida.com
Paper (hard copy):
Department Economic Opportunity
MSC # 75, Caldwell Building
107 East Madison Street
Tallahassee, FL. 32399-4126
4 Any reports, management letters, or other information required to be submitted DEO pursuant to
this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S.,
and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
S. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities)
and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION. The recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or
five (5) state fiscal years after all reporting requirements are satisfied and final payments have been
received, whichever period is longer, and shall allow DIED, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are made available to
DIED, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the
audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation,
audit, or other action involving the records has been started prior to the expiration of the controlling
period as identified above, the records shall be retained until completion of the action and resolution of
all issues which arise from it, or until the end of the controlling period as identified above, whichever is
longer.
Remainder of Page Intentionally Left Blank -
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Agreement # P0449
EXHIBIT 1 to Attachment 2
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY — CSFA 40.024 — GROWTH
MANAGEMENT IMPLEMENTATION - $ 70,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
• ACTIVITIES ARE LIMITED TO THOSE IN THE SCOPE OF WORK.
NOTE: Title 2 C.F.R. § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to
the recipient.
- Remainder of Page Intentionally Left Blank -
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ATTACHMENT 3
Audit Compliance Certification
Grantee Name:
FEIN: Grantee's Fiscal Year:
Contact Person Name and Phone Number:
Contact Person Email Address:
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement
(e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)?
Yes No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $750,000 or more of state financial assistance (from DEO and all other sources of
state financial assistance combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable state single or project -specific audit
requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between Grantee and DEO? Yes No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal awards
combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable single or program -specific audit
requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of Grantee, that the above representations for items i and 2 are
true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
Page 40 of 40
Rev. 5/19/21
Ron DeSands
6ovl wN(V
June 14, 2022
The Honorable Jim Hill
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
DE -0
FLORIDA DEPAR7MENTd
ECONOMIC OPPORTUNITY
Re: FY 2022-2023 Community Planning Technical Assistance Grants
Dear Mayor Hill:
Dane Eagle
SF( lllnry
We appreciate your interest in the Florida Department of Economic Opportunity's Community
Planning Technical Assistance grant program and we are pleased to inform you that your grant
proposal for the Riverfront CRA Sustainable Economic Redevelopment Plan was selected for
funding in the amount up to $70,000.
The Department will provide additional information to finalize the scope of work and complete
the grant agreement. For your convenience, we have enclosed a copy of our grant agreement
template for you to begin your internal review. Beginning on or after July 1, 2022, any invoice for
work specifically related to the grant project will be eligible for reimbursement after the grant
agreement has been fully executed. If for any reason the grant agreement is not executed by
both parties, cost reimbursement for work performed will not be available.
We look forward to our continued partnership, and if you have any questions, please do not
hesitate to contact Kelly Corvin, Regional Planning Administrator, by telephone at 850-717-8503
or by email at Kell y.CorvinlaDDE0.MvFlorida.com.
Sincerely,
Benjamin M. Melnick, Deputy Secretary
Division of Community Development
BM/ai
Enclosure
cc: Amanda Iscrupe, Agreement Manager, Florida Department of Economic Opportunity
Lisa L. Frazier, Community Development Director, City of Sebastian
Paul E. Carlisle, City Manager, City of Sebastian, Florida
Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399
(850) 245.7105 1 www.Flor daJobs.org I www.Twitter.com/FLDEO I www.Facebook.com/FLDEO
An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with
disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via
the Florida Relay Service at 711.
CPCf
SEl
HOME OF PELICAN ISLAND
CRA BOARD AGENDA TRANSMITTAL
Council Meeting Date: September 28, 2022
Agenda Item Title: CSA #4 GAI Consultants, Inc. Community Solutions Group (GAUCSG)
DEO FY 2022-2023 Community Planning Technical Assistance Grant
Recommendation: Approve GAI/CSG CSA #4
Background: The Department of Economic Opportunity (DEO) notified the City in June
that the Community Planning Technical Assistance Grant application was selected to develop the Riverfront
CRA Sustainable Economic Redevelopment Plan for the FY 2022-2023 funding. The State and City staffs
have finalized the contract (Attached) and seek approval from Council to proceed with the project. Time is of
the essence due to a grant agreement expiration date of June 30, 2023. The City has secured the services of
one of their continuing consultant firms, GAI Consultants, Inc. Community Solutions Group (GAI/CSG) to
perform the work.
If Agenda Item Reauires Exaenditure of Funds:
Budgeted Amount: 0
Total Cost: $70,000.00
Funds to Be Utilized for Appropriation: $70,000.00 (DEO)
Attachments: 1. CSA#4
2.Exhibit A
Administrative Services
City Attorney Review:
Procurement Division
City Manager Authorization:
Date:
if applicable:
e
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
GAI Consultants, Inc. Community Solutions Group (GAI/CSG)
618 E. South St. Suite 700
Orlando, FL 32801
Work Authorization No: CSA - # 4
Protect Title: RIVERFRONT CRA SUSTAINABLE ECONOMIC REDEVELOPMENT PLAN
IT IS AGREED to undertake the following work in accordance with the provisions of the GAI/CSG Master Agreement entitled NON-
EXCLUSIVE CONTINUING PROFESSINOAL CONSULTANT SERVICES AGREEMENT FOR PLANNING AND LANDSCAPE
ARCHITECTURE Dated JANUARY 25, 2018.
Description of Assignment: EXHIBIT A —SCOPE OF SERVICES
Basis of Compensation/Period of Services:
The above referenced SCOPE OF SERVICES for CSA # 4 will be performed for a fee in the amount of $70,000.
AGREED:
PLANNING/LANDSCAPE ARCHITECTURE CONSULTANT:
Peter 0. Sechler, Vice President
GAI Consultants, Inc.
Attest:
Attest:
Jeanette Williams, MMC, City Clerk
Date: "?*--
CITY OF SEBASTIAN:
Date:
Paul E. Carlisle
City Manager
Approved as to Form and Content for Reliance
by the City of Sebastian only:
Manny Anion Jr., Esq., City Attorney
August 19, 2022
R220723.00
Ms. Lisa Frazier, AICP
Community Development Director
City of Sebastian
Planning I U,ban Des,gn 1225 Main Street
Landscape Architecture
Economics I Real Estate Sebastian, FL 32958
Scope of Services
Riverfront CRA Sustainable Economic Redevelopment Plan
Sebastian, Florida
Dear Ms. Frazier:
Based upon our conversations, GAI Community Solutions Group ("GAI" or "CSG")
offers this Proposal for a Sustainable Economic Redevelopment Plan to the City
of Sebastian ("Client') for the existing Riverfront Community Redevelopment
Area (CRA). Work will be performed in accordance with our Continuing
Professional Planning and Landscape Architecture Consulting Services contract
dated January 25, 2018.
Project Understanding
Originally established in 1995, the Riverfront CRA has grown over time with its
current size encompassing over 800 acres of which a little more than half is
designated "conservation" due to overlapping the Indian River. The Riverfront
CRA redevelopment plan was last updated in 2010.
CSG understands that the Client desires to create a sustainable redevelopment
strategic plan that promotes a diverse economy along the Riverfront urban core
while implementing resiliency planning from Florida coastal flooding and
hurricane impacts. As envisioned, the Sustainable Economic Redevelopment Plan
for the Riverfront CRA should incorporate economic development strategies that
assist the Client in defining markets, designing infrastructure projects that
address both growth and climate change, and capture the essence of the City of
Sebastian in a comprehensive, compatible design.
The basic structure of a Scope of Services and budget are detailed below
consistent with our understanding of the needs of the Client as they have been
described in our conversations.
GAI consultants, Inc.
Scope of Services
618 E. South Street
Suite 700
Based on our understanding of the requirements/criteria provided to date by the
Orlando, Florida 32801
Client, CSG will perform the following described Scope of Services. Each of the
T 407423.8398
Tasks identified below represents an individual deliverable.
gaiconsultants corn
A GAI consultants Inc Service Group
02022 GAI CONSULTANTS
Ms. Lisa Frazier
August 19, 2022
R220723.00
Page 2
Planning I Urban Design
Landscape Architecture Task 1: Existing Conditions and Baseline Evaluation
Economics I Real Estate CSG will develop a Baseline Evaluation Report that summarizes at least the
following:
• Past and proposed capital projects and programs.
• Existing data and analysis reports pertaining to projects and programs
within the Riverfront CRA.
• Existing and potential project sites.
• Existing Riverfront CRA Performance Overlay design criteria.
Task 2: Market Assessment and Economic Analysis
CSG will prepare a Market Assessment and Economic Analysis Report for the
Riverfront CRA that includes:
• A Parcel Inventory Report that shall include an inventory of each
Riverfront CRA parcel/lot that identifies size of parcel/lot, existing land
use, existing zoning, and Future Land Use Map designation. Inventory
results will be depicted in a table and existing land uses will be shown on
a map.
• An analysis of current economic conditions of commercial and residential
markets that shall address the following:
Business and employment to include business by type, amount of
commercial floor space occupied and vacant, cost to lease/rent
commercial floor space, and unemployment rate.
Residential dwelling units to include amount of single-family and
multi -family, amount occupied, owner -occupied and renter -
occupied, vacancy rate, median dwelling unit value, and cost to rent.
• An analysis of market potential which may include, but not be limited to,
a gap analysis and potential development opportunities for commercial
and residential markets within the Riverfront CRA. Potential development
opportunities shall be based on current demographic and land use data
and shall assess a fifteen (15) year future growth projection of
commercial and residential uses.
Task 3: Public Input and Public Workshops
CSG will conduct two (2) advertised public workshops to review and seek input
for the Plan by preparing and presenting the following for feedback:
• PowerPoint presentation regarding the Plan to include:
Alternative Design Criteria within the Riverfront CRA.
Graphics identifying the location and proposed improvements of
potential redevelopment projects within the Riverfront CRA.
Proposed catalyst sites and opportunities.
A GAI Consultants Inc Service Gm,,
t 2022 GAI CONSULTAMS
Ms. Lisa Frazier
Page 3
August 19, 2022
R220723.00
Planning I Urban Design
Landscape Architecture
Proposed Performance Overlay Design Criteria.
Economics I Real Estate
• Create a Riverfront CRA Plan information webpage that includes, but is
not limited to:
- A general overview of the Riverfront CRA Plan's five districts
including a descriptive narrative and economic snapshot of the
overall Riverfront CRA, infrastructure, zoning, pipeline projects, and
socio-economic data.
- Information on catalyst/redevelopment opportunity sites.
- Riverfront CRA survey that seeks community input regarding key
issues, opportunities, current and potential projects, and current and
potential programs within the Riverfront CRA.
Task 4: Riverfront CRA Sustainable Economic Redevelopment Plan
Update and Public Hearing
CSG will prepare the Plan Update in compliance with Chapter 163.362, Florida
Statutes, Part III requirements and recommendations to include:
• General administration.
• A map showing the location of the Riverfront CRA Plan area and districts.
• Review of current conditions and infrastructure development projects.
• Recommended improvement programs, which may include opportunity
sites within the Riverfront CRA.
• Updated and prioritized short- and long-term projects and timelines
consistent with updated goals and objectives.
• Map showing the location and conceptual design of potential projects
and opportunity sites within the Riverfront CRA.
• Proposed Performance Overlay District performance criteria and graphic
renderings.
• Updated Tax Increment Financing projections and analysis compared to
City ad valorem average.
• Review of past, current, and projected City millages.
• Future growth projections with analysis of alternative funding based on
the market assessment and economic analysis report.
• Proposed updates to the Capital Improvements Plan addressing at least a
fifteen (15) year timeframe.
• Recommended strategies for implementation.
CSG will conduct an advertised public hearing before the Sebastian City Council
where the Riverfront CRA Plan Update shall be presented for acceptance.
A GAI Gonsallanls Inc Senacc Grmyi
Y 2022 GAI CONSULTANTS
Ms. Lisa Frazier Page 4
August 19, 2022
R220723.00
Planning I U,ban Dcsigo Schedule
Landscape Archaectu,e
Economics I Real Estate
CSG will begin work upon receipt of a copy of this Proposal executed and
authorized below. CSG will endeavor to complete its Scope of Services by June 9,
2023, subject to excused delay occasioned by factors beyond GAI's reasonable
control.
Compensation
Compensation for services rendered by CSG for Tasks 1- 4 will be on a lump sum
basis. The breakdown by Task is as follows:
Task
Description
Fee
1
Existing Conditions and Baseline Evaluation
$5,000
2
Market Assessment and Economic Analysis
$15,000
3
Public Input and Public Workshops
$10,000
4
Riverfront CRA Redevelopment Plan Update & Public Hearing
$40,000
Total
$70,000I
This Proposal contemplates CSG participation in up to ten It 0) meetings
including an initial project kick-off meeting. If additional meetings or detailed
conversations are requested or necessary, they would be subject to hourly billing
at standard hourly billing rates as shown in Exhibit B. For the purposes of this
Proposal, meetings will be conducted virtually via the use of TEAMS, ZOOM,
WEBER, or similar virtual meeting platform.
Payment
All payment terms will be in accordance with the Continuing Professional
Planning and Landscape Architecture Consulting Services contract dated January
25, 2018.
Assumptions and Understandings
GAI's Scope of Services, Schedule and Compensation as set forth above have
been prepared on the basis of the following assumptions and understandings:
1. Client acknowledges and understands that Community Solutions Group is a
GAI Consultants, Inc. Services Group. Any reference to Community
Solutions Group or CSG in the Proposal for Professional Services and the
Standard Terms and Conditions also refers to GAI Consultants, Inc. It is
further acknowledged and understood that this agreement is between the
Client and GAI Consultants, Inc.
2. Client has provided all its requirements for GAI's scope of services and all
criteria and/or specifications that GAI should utilize at the time this
Proposal is authorized. This includes any requirement for any statement of
professional opinion or certification.
A GAI ConsoBanls Inc Service Gmop
* 2022 GAI CONSULTANTS
Ms. Lisa Frazier
August 19, 2022
R220723.00
Page 5
Planning I Urban Design landscape Architecture 3.
Client has provided all available information pertinent to GAI's scope of
EconomfcsI Real estate
services, including previous reports/drawings; utility information; topo
information, etc. at the time this Proposal is authorized. Unless otherwise
noted, GAI may rely upon such information.
4.
Client will give GAI prompt notice whenever it observes or otherwise
becomes aware of any development that affects the scope or timing of
GAI's performance.
5.
Client will examine and provide comments and/or decisions with respect to
any GAI interim or final deliverables within a period mutually agreed upon.
6.
Any of Client's other consultant(s)/contractor(s) will cooperate and
coordinate with GAI in a timely and efficient manner.
7.
GAI's proposed compensation and schedule are based on receipt of
authorization to proceed within thirty (30) calendar days of the date of this
Proposal. GAI reserves the right to adjust its compensation if authorization
to proceed is not received within thirty (30) calendar days.
Please do not hesitate to contact me at (321) 319-3088 if you have any questions
or wish to discuss this Proposal. If this Proposal is acceptable, please sign where
indicated below and return one copy for our file. This also will serve as
authorization for GAI to proceed. GAI's performance of the Scope of Services will
be governed by the GAI Standard Terms and Conditions for Professional Services,
attached hereto as Exhibit A and incorporated herein by reference.
REQUESTED AND AUTHORIZED BY:
Sincerely, City of Sebastian, Florida
Community Solutions Group,
a GAI Consultants, Inc. BY:
Service Group
PRINTED
NAME:
Laura J. Smith EA-,a.�..
Laura Smith, MPA TITLE:
Project Manager
Pan orelmys.n ry DATE:
/� Dale: y Z08.19
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162):OT-0a9d
A. Blake Drury, AICP
Planning Director
Attachment:
Exhibit A - GAI Standard Terms and Conditions for Professional Services.
Exhibit B — 2022 GAI Standard Rate Schedule
A GAI ConsL(lunfs Inc Service Group
C 2022 GAI CONSULTANTS
Ms. Lisa Frazier
August 19, 2022
R220723.00
Planning I Urban Design
Landscape Architecture
Economics I Real Estate
EXHIBIT A
GAI Standard Terms and Conditions for Professional Services
A GAI Coosulranls Ine S,
C 2022 GAI CONSULTANTS
EXHIBIT A
GAI Consultants, Inc.
Standard Terms and Conditions
For Professional Services
1. Scope of Services and Extent of Agreement - GAI shall perform the
Services as described In GAI's Proposal to which these Terms and
Conditions are attached for the specified Project, Incorporated herein
by reference.
No modification or changes to these Terms and Conditions may be
made except by written instrument signed by the parties. CLIENT
acknowledges that he/she/It has read these Terms and Conditions,
understands then, agrees to be bound by them, and further agrees
that they are the complete and exclusive statement of the
AGREEMENT between the parties, superseding all proposals, oral or
written understandings, or other prior agreements other than those
above referred to and all other communications between the parties
relating to the subject matter thereof.
2. Compensation — GAI hereby agrees to accept and CLIENT agrees to
pay the compensation on either a time (hourly) and expense basis in
accordance with GAI's rates in effect at the time of performance, or
lump sum basis as set forth in GAI's Proposal to perform the
Services.
If GAI's services are performed on an HOURLY BASIS, GAI will be
paid for all time rendered to the project, including project scoping by
professional, technical, and clerical personnel in accordance with the
attached Hourly Rate Schedule. Time required for personnel of GAI
to travel between GAI's office and the Site (or any other destination
applicable to the project) is charged In accordance with the rates
shown in the attached Hourly Rate Schedule. If overtime for non-
exempt personnel (as defined by statute) is required, the overtime
rate charged will be 1.50 times the Invoice rate shown on the
attached Hourly Rate Schedule.
3. Invoicing/Payment
A. GAI will submit invoices periodically, but not more frequently
than every two weeks, for Project services performed during
the period or upon completion of the Project, whichever is
earlier.
B. Invoices are due and payable in U.S. dollars within 30 days
from date of invoice. All charges not paid within 30 days are
subject to a service charge of 1-1/2 percent per month or a
fraction thereof, plus all costs and expenses of collection,
Induding without limitation, attomeys' fees. In addition to the
foregoing, should CLIENT fail to pay any invoice within 45 days
of the Invoice date, GAI may, In Its sole discretion, upon 3 days
written notice to CLIENT, stop work and recover from CLIENT
payment for all services performed prior to the work stoppage,
plus all amounts for Interest, penalties and attorney's fees that
may be recoverable under applicable law, including without
limitation, prompt payment and/or lien laws. GAI will resume
performance once CLIENT pays all outstanding amounts due
plus any advance payment(s) or other security in GAI's sole
discretion deemed necessary by GAI.
C. CLIENT will be Invoiced for external expenses, such as travel,
lodging, subcontracted services, etc, at direct cost plus a 10%
handling and administrative fee.
D. Payments shall Include the GAI Invoice number and be mailed
to 385 East Waterfront Drive, Homestead, PA, 15120, to the
attention of Accounts Receivable.
4. Changes — CLIENT and GAI may make additions to the scope of work
by written Change Order. CLIENT may omit work previously ordered
by written Instructions to GAI. The provisions of these Terms and
Conditions, with appropriate changes in GAI's Compensation and
Project Schedule, shall apply to all additions and omissions.
S. CLIENT Responsibilities — CLIENT represents, with the Intent that
GAI rely thereon, that It has suffiaent financial resources to pay GAI
as agreed to in these Terms and Conditions and, as applicable and
necessary for GAI to perform its services, CLIENT will:
A. Provide all criteria and full Information as to its requirements for
GAI's services, Including design or study objectives, constraints,
third party certification requirement(s), standards or budget
Ilmltation(s).
B. Assist GAI by placing at its disposal all available information
pertinent to the Project and/or GAI's services Inducing the
actual or suspected presence of hazardous waste, materials or
conditions at or beneath the Project site, record (^As-BullVJ
drawings, surveys, previous reports, exploration logs of
adjacent structures and any other data relative to the Project.
Unless otherwise noted, GAI may rely upon such information.
C. Upon identification by GAI and approval by CLIENT of the
necessity and scope of information required, furnish GAI with
data, reports, surveys, and other materials and Information
required for this Project, all of which GAI may rely upon in
performing its services, except those included in GAI's scope of
services.
D. Guarantee access to the property and make all provisions for
GAI to enter upon public and private lands and clear all
exploration location(s) for buried utilides/piping/structures as
required for GAI to perform Its services under these Terms and
Conditions.
E. Examine all studies, reports, sketches, opinions of the
construction costs, specifications, drawings, proposals and
other documents presented by GAI to CLIENT and promptly
render in writing the decisions pertaining thereto within a
period mutually agreed upon.
F. Designate in writing a person to act as CLIENT'S representative
with respect to the services to be rendered under these Terms
and Conditions. Such person shall have complete authority to
transmit instructions, receive information, Interpret and define
CLIENT's policies and decisions with respect to materials,
equipment, elements and systems pertinent to GAI's services.
G. Give prompt written notice to GAI whenever CLIENT observes
or otherwise becomes aware of any development that affects
the scope or timing of GAI'S services, or any defect in the
Project or work of Contractor(s).
H. Furnish approvals and permits from all governmental
authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary for
completion of the Project.
I. Furnish such legal and insurance counseling services as CLIENT
may require for the Project.
6. Schedule/Delays — GAI shall commence performance upon receipt of
the CLIENrs written authorization to proceed and shall perform its
professional services in accordance with the schedule set forth in Its
Proposal, provided however, the performance of these Terms and
Conditions, except for the CLIENrs payment of money for services
already rendered, shall be excused in the event performance of
these Terms and Conditions is prevented or delays are occasioned by
factors beyond GAI's control, or by factors which could not
reasonably have been foreseen at the time this Exhibit A was
prepared and executed. The delayed parties performance shall be
extended by the period of delay plus a reasonable period to restart
operations.
7. Document Ownership, and Reuse
A. All reports, drawings, specifications, manuals, Teaming and
audio/visual materials, boring logs, field data, laboratory test
data, calculations, estimates, and other documents (collectively
"Work Product') prepared by GAI are Instruments of service
shall remain the property of GAI. Unless otherwise notified by
CLIENT, GAI will retain all pertinent records relating to the
Services performed for a period of two (2) years following
submission of the report , design documents or other project
deliverables, during which period the records will be made
available at GAI's office to the CLIENT at reasonable times.
gai consultants
Rev. 2/2016 Page 1 of 3 6
�•^•'^T^r'a,.. n.•.rn
EXHIBIT A
GAI Consultants, Inc.
Standard Terms and Conditions
For Professional Services
B. Any reuse of the Work Product described above without written
verification or adaptation by GAI, as appropriate, for the
specific purpose Intended, will be at CLIENTs sole risk and
without liability or legal exposure to GAI. CLIENT shall
indemnify and hold harmless GAI from all claims, damages,
losses and expenses Including attorneys' fees arising out of or
resulting Mere from. Any future verification or adaptation of
such Work Product will entitle GAI to further compensation at
rates to be agreed upon by CLIENT and GAI.
C. Unless specified otherwise in GAI's Proposal, GAI will dispose of
all materials and samples obtained in the Investigation portion
of the project 90 days after completion of the report. Further
storage or transfer of samples will be made at CLIENTS
expense.
D. CLIENr recognizes that site cond'htions where samples and data
are gathered do vary with time and that particularly subsurface
conditions may differ from those encountered at the time and
location where explorations or Investigations are made and,
therefore, the data, interpretations, and recommendations of
GAI are based solely on the information available at the time of
the Investigation. GAI shall not be responsible for the
Interpretation by others of the Information It develops.
B. Standard of Performance — GAI will perform Its Services with that
level of care and skill ordinarily exercised by other professionals
practicing in the same disdpline(s), under similar circumstances and
at the time and place where the Services are performed, and makes
no warranty, express or implied, including the Implied by law
warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
9. Insurance
A. GAI shall procure and maintain such Insurance as is required by
law as of the date first written above and during the
performance of the Agreement, and subject to the terms and
conditions of the policies, keep in force the following Insurance:
Worker's Compensation Insurance with other State's
endorsement, Including Employer's liability Insurance for its
employees in the amount of $500,000; Comprehensive General
Liability Insurance, including Protective and Completed
Operations, covering bodily Injuries with limits of $1,000,000
per occurrence, and property damage with limits of $1,000,000
per occurrence; Comprehensive Automobile Liability Insurance,
Including operation of owned, non -owned and hired
automobiles, with combined single limits for bodily Injury and
property damage of $1,000,000 per occurrence; Excess
Umbrella Liability Insurance with limits of $1,000,000 In the
aggregate.
B. If CLIENT requires additional types a amounts of Insurance
coverage, GAI, if specifically directed by CLIENT, will purchase
additional Insurance (if procurable) at CLIENTs expense; but
GAI shall not be responsible for property damage from any
cause, including fire and explosion, beyond the amounts and
coverage of GAI's Insurance specified above.
C. CLIENT will require that any Contractor(s) performing work in
connection with GAI's Services will name GAI as an additional
Insured on their Insurance policies. In addition, In any hold -
harmless agreements between CLIENT a Owner and any
contractor who may perform work in connection with any
professional services rendered by GAI, CLIENT will require such
contractor(s) to defend and indemnify GAI against third party
suits.
D. It is agreed that GAI shall have no responsibility: 1) To
supervise, manage, direct, or control CLIENT or Its Contractors',
subcontractors' or their employees; 2) For any of CLIENTS or
its contractors, subcontractors or agents or any of their
employees'safety practices, policies, or compliance with
applicable Federal, State and/or local safety and health laws,
rules or regulations; 3) For the adequacy of their means,
methods, techniques, sequencing or procedures of performing
their services or work; or 4) For defects in their work.
10. Indemnity — Subject to the Umitation(s) of Liability provislon(s)
below in Articles 11 and 12, GAI agrees to Indemnify and hold
harmless CLIENT, and Its officers, directors, and employees from and
against any and all claims, suits, liability, damages, injunctive or
equitable relief, expenses Including reasonable attomeys' fees, or
other loss (collectively "Losses") to the extent caused by GAI's
negligent performance of Services under these Terms and
Conditions.
11.
12.
13.
14.
Limitation of Liability — In the event of any loss, damage, claim or
expense to CLIENT resulting from GAI's performance or non-
performance of the professional services authorized under these
Terns and Conditions, GAI's liability whether based on any legal
theory of contract, tort including negligence, strict liability or
otherwise under these Terms and Conditions for professional acts,
errors, or omissions shall be limited to the extent any such claims,
damages, losses or expenses result from the negligent act, erors or
omissions of GAI or its employees occurring during performance
under these Terms and Conditions. The total cumulative liability of
GAI arising out of professional acts, errors, or omissions shall not
exceed the greater of $50,000 or two times the total compensation
GAI receives from CLIENT under these Terms and Conditions. GAI's
aggregate liability for all other acts, errors, or omissions shall be
limited to the coverage and amounts of Insurance specified in Article
9, above. The limitations stated above shall not apply to the extent
any damages are proximately caused by the willful misconduct of
GAI and its employees.
Disclaimer of Consequential Damages — Notwithstanding anything to
the contrary in these Terms and Conditions, neither parry shall have
any liability to the other parry for Indirect, consequential or special
damages including, but not limited to, liability or damages for delays
of any nature, loss of antidpated revenues or profits, Increased cost
of operations or costs of shutdown or startup whether such damages
are based on contract, tort including negligence, strict liability or
otherwise.
Probable Constriction Cost Estimates— Where applicable, statements
concerning probable construction cost and detailed cost estimates
prepared by GAI represent Its judgment as a professional familiar
with the construction industry. It is recognized, however, that neither
GAI nor CLIENT has any control over the cost of labor, materials or
equipment, over the contractors' methods of determining bid prices,
or over competitive bidding or market conditions. Accordingly, GAI
cannot and does not guarantee that bids, proposals, or actual costs
will not vary from any statement of probable construction cost or
other cost estimate prepared by It.
Confidentiality/Non-Disclosure —GAI shall not disclose, or permit
disclosure of any information developed in connection with its
performance under these Terms and Conditions or received from
CLIENT or the PROJECT OWNER, or their affiliates, subcontractors,
or agents designated by CLIENT as confidential, except to GAI's
employees and subcontractors who need such information in order to
properly execute the services of these Terns and Conditions, and
shall require any such of Its employees and subcontractors and their
employees not to disclose or pe"It disclosure of any of such
information, without the prior written consent of CLIENT. The
foregoing shall not prohibit GAI from disclosing information in
response to any Federal, State or local government directive or
judicial order, but in the event GAI receives or is threatened with
such an order or has actual knowledge that such an order may be
sought or be forthcoming, GAI shall Immediately notify CLIENT and
assist CLIENT In CLIENTS undertaking such lawful measures as it
may desire to resist the issuance, enforcement and effect of such an
order. GAI's obligation to resist such an order and assist CLIENT and
the PROJECT OWNER is contingent upon GAI receiving further
compensation for such assistance plus all costs and expenses,
Including without limitation reasonable attorney's fees, incurred by
GAI.
gal consultants
Rev. 2/2016 Page 2 of 3
EXHIBIT A
GAI Consultants, Inc.
Standard Terms and Conditions
For Professional Services
15. Certifications— GAI shall not be required to execute any certification
with regard to work performed, tested, and/or observed under these
Terms and Conditions unless:
A. GAI concludes that it has performed, tested and/or observed
sufficient work to provide a suffident basis for it to issue the
certification; and
B. GAI believes that the work performed, tested or observed
meets the certification criteria; and
C. GAI gave its written approval of the certification's exact form
before executing these Terms and Conditions.
Any certification by GAI shall be Interpreted and construed as
an expression of professional opinion based upon the Services
performed by GAI, and does not constitute a warranty or
guaranty, either expressed or implied.
16. Miscellaneous Terms of Agreement
A. These Terms and Conditions shall be subject to, interpreted,
and enforced according to the laws of the Commonwealth of
Pennsylvania without giving effect to Its conflict of law
principles. If any part of these Terms and Conditions shall be
held illegal, unenforceable, void, or voidable by any court of
competent jurisdiction, each of the remainder of the provisions
shall nevertheless remain in full force and effect and shall In no
way be affected, Impaired, or Invalidated.
B. Neither the CLIENT nor GAI may delegate, assign, sublet, or
transfer their duties or interest as described in these Terms and
Conditions and GAI's Proposal without the written consent of
the other parry. Both parties relinquish the power to assign and
any attempted assignment by either party or by operation of
law shall be null and void.
C. These Terms and Conditions shall be binding upon the parties
hereto, their heirs, executors, administrators, successors, and
assignees. In the event that a dispute should arise relating to
the performance of the Services to be provided under these
Terms and Conditions and GAI's Proposal, and should that
dispute result in litigation, it is agreed that each party shall bear
Its own litigation expenses, including staff time, court costs,
attorneys' fees, and other claim -related expenses.
D. CLIENT shall not assert any claim or suit against GAI after
expiration of a Limitation Period, defined as the shorter of (a)
three (3) years from substantial completion of the particular
GAI service(s) out of which the claim, damage or suit arose, or
(b) the time period of any statute of Iimitaton or repose
provided by law.
In the event of any claim, suit or dispute between CLIENT and
GAI, CLIENT agrees to only pursue recovery from GAI and will
not to seek recovery from, pursue or file any claim or suit,
whether based on contract, tort induding negligence, strict
liability or otherwise against any director, officer, or employee
of GAI.
E. No modification or changes In the terms of this Agreement may
be made except by written Instrument signed by the parties.
CLIENT acknowledges that they have read this AGREEMENT,
understands k agrees to be bound by Its terms, and further
agrees that it is the complete and exclusive statement of the
AGREEMENT between the parties superseding all work orders,
oral or written understandings, or other prior agreements other
than those above referred to and all other communications
between the parties relating to the subject matter thereof.
F. Either the CLIENT or GAI may terminate or suspend
performance of these Terms and Conditions without cause
upon thirty (30) days written notice delivered or mailed to the
other party.
(1) In the event of material breach of these Terms and
Conditions, the party not breaching the AGREEMENT may
terminate it upon ten (10) days written notice delivered or
mailed to the other party, which termination notice shall
state the basis for the termination. The AGREEMENT shall
not be terminated for muse If the breaching party cures
or commences to cure the breach within the ten day
period.
(2) In the event of the termination, other than mused by a
material breach of these Terms and Conditions by GAI,
CLIENT shall pay GAI for the Services performed prior to
the termination notice date, and for any necessary
services and expenses Incurred in connection with
termination of the project, Including but not limited to, the
costs of completing analysis, records and reports
necessary to document job status at the time of
termination and costs associated with termination or
subcontractor and/or subconsuitant contracts. Such
compensation shall be based upon the schedule of fees
used by GAI.
(3) In the event CLIENT delays providing written
authorization to proceed within 45 days of the date of
GAI's Proposal or suspends GAI's performance for 45 days
or more after authorization has been given, GAI reserves
the right, in its sole discretion, to revise its cost,
compensation and/or hourly rates to Its then current rates
prior to resuming performance under these Terms and
Conditions.
G. All notices required to be sent hereunder shall be either hand
delivered, with signed receipt of such hand delivery, or sent by
certified mall, return receipt requested.
H. The paragraph headings in these Terms and Conditions are for
convenience of reference only and shall not be deemed to alter
or affect the provisions hereof.
I. Unless expressly stated to the contrary, the professional
services to be provided by GAI do not Include meetings and
consultations in anticipation of litigation or arbitration or
attendance as an expert witness In any deposition, hearing, or
arbitration. If requested, these services will be provided by an
amendment to these Terms and Conditions, setting forth the
terms and rates of compensation to be received by GAI.
J. Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than CLIENT, the PROJECT OWNER
If different than CLIENT and GAI.
K. GAI is an Equal Opportunity Employer. GAI complies with the
Office of Federal Contract Compliance Programs Affirmative
Action Programs as outlined in 41 CFR 60-1.4(a)(b), 41 CFR 60-
250.5(a)(b), and 41 CFR 60-741.5(a)(b).
END OF TERMS AND CONDITIONS
gai consultants
Rev. 2/2016 Page 3 of 3
Ms. Lisa Frazier
August 19, 2022
R220723.00
plammmg j Urban Design
Landscape Architecture
Economics j Peal Estate
EXHIBIT B
2022 GAI Standard Rate Schedule
A GAI Consultants. Inc Senme Gmup
* 2022 GHI CONSULTANTS
Professionals include Emnomists,Planners,Designers, landscape Architects, and Engineers.
Any changes in hourly rates to reflect increases in cost of living, taxes, benefits, etc. will take effect on January 1, 2023. gates in the below table are'loaded"
hourly rates and Include all overhead, costs, and benefits per hourly unit rate.
Labor Classification
Invoice Rate
[SG Expert Atness
3%00
ICSG Senior Director / VP
$325.00 I
ICSG Senior Director
$265.00 I
ICSG Director
$225.00 I
ICSG Senior Manager / Asst. Director
$205.00 I
ICSG Manager
$185.00 I
ICSG Assistant Manager
$165.00 I
ICSG Senior Project Professional
$145.00
ICSG Project Professional
$130.00 I
ICSG Senior Professional
$115.00
ICSG Professional
$110.00 I
ICSG Senior Technician
$95.00
ICSG Technician 2
$85.00 I
ICSG Technician 1
$65.00 I
(Environmental Manager
$160.00 I
(Project Environmental Specialist
$100.00
(Expert Witness
$350.00 I
(Principal
$330.00 I
ITechnical/Professional 30
$310.00
ITechniwl/Professional 29
$295.00
ITechniwl/Professional 28
$285.00 I
ITechnlcal/Professional 27
$250.00 I
ITechnlcal/Professional 26
$240.00 I
ITechnlcal/Professional 25
$235.00 I
ITechnlcal/Professional 24
$230.00 I
ITechnical/Professional 23
$225.00 I
ITechnical/Professional 22
$220.00 I
ITechnlcal/Professional 21
$210.00 I
ITechnlcal/Profesiional 20
$205.00
ITechnical/Professional 19
$200.00 I
[Technical/Professional 18
$195.00
ITechnical/Professional 17
$195.00 I
ITechnical/Professional 16
$280.00 I
ITechnical/Professlona115
$170.00
ITechnical/Professional 14
$160.00 I
ITechnical/Professional 13
$150.00 I
ITechnical/Professional 12
$140.00 I
ITechnical/Professional 11
$135.00 I
ITechnical/Professional 10
$130.00 I
Technical/Professional 09
$225.00 I
Technlwi/Professional 08
$110.00 I
ITechnlcal/Professional 07
$105.00 I
ITechniwl/Professional 06
$100.00 I
ITechnlcal/Professional 05
$95.00 I
ITechnical/Professional 04
$90.00 I
ITechnical/Professional 03
$85.00 I
ITechniwl/Professional 02
$75.00 I
01
$70.00 I
ITechnical/Professional
Technical/Support 1
$50.00 I
ISurvey Crew-3 Person
$230.00 I
Isurveyor
$200.00 I
ISurvey Crew- 2 Person
$280.00 I
ISurvey Senior CAD Operator
$100.00
ISurvey Crew Chief
$85.00
t� ?011 GAI Com.ultans Prgre I of 1