Loading...
HomeMy WebLinkAbout07-26-2023 CC AgendaC SE HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 26, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Dodd 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. BriefAnnouncements: August 11 - Sebastian River Area Chamber of Commerce Grill Out Night — 5:30 to 8:30 pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input "provides an opportunityfor individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item_for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1 of 260 pgs 6-14 A. Approval of Minutes — July 12, 2023 Regular City Council Meeting pgs 15-26 B. Approve Road Closures, Use of Riverview Park, and Use of the Mobile Stage (Without Fees) for the Sebastian River High School Homecoming Parade on October 20, 2023 (Transmittal, Application, Agreement) pgs 27-53 C. Approve a New Lease Amendment for Fishe Flying Corp., Attaching the Operation of Airport Fueling Equipment to the Hangar C Lease at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Amendment, Lease) pgs 54-70 D. Approve an Assignment to Change the Named Lessee for the "80 Taxiway Drive" Lease from Fishe Flying Corporation to EuroAir Consultants, LLC at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents) pgs 71-73 E. Approve Alcoholic Beverages for the Torres Family Event at the Community Center on August 12, 2023 from 8:00 a.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) pgs 74-76 F. Approve Alcoholic Beverages for the Lazzari Family Event at the Community Center on August 19, 2023 from 12:00 p.m. to 6:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 77-91 A. Natural Resources Board (Transmittal. ADolications. List. Advertisement) i. Fill Three Expired Regular Member Positions — New Terms to Expire July 1, 2026 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS pgs 92-108 A. Set the Proposed Millage Rate for FY23/24 at 3.0503 and Direct the City Manager to Execute and Submit the Required Forms (Transmittal, PPT, Draft Budget: https://www.cityofsebastian.org/DocumentCenter/View/2103/Fiscal-Year-2023- 2024-Draft-Budget-Dated-July-7-2023?bidId= 2 of 260 pgs 109-110 B. Approve a Budget Amendment for the American Rescue Plan Fund to Reallocate $750,000 Authorized for Schumann Drive to the Road Improvements Project and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Balance Schedule) pgs I11-115 C. Approve Price Increases for Ranger Construction Industries, Inc.'s Roadway Paving Contract (RFP #19-03) (Transmittal, Bid Sheet, Revised Pricing, Contract Excerpt) pgs 116-131 D. Approve Price Increases for Asphalt Paving Systems, Inc's Roadway Paving Contract (RFP #19-03) (Transmittal, Revised Pricing, Bid Sheet, Contract, Kissimmee Prices) pgs 132-161 E. Approve the Road Rehabilitation Plans for FY2022-2028 and Authorize the City Manager to Execute the Appropriate Documents for the Road Work Planned in Fiscal Years 2022 and 2023 (Transmittal, Plans, Price Comparisons, Quotes) pgs 162-205 F. Approve FDEP 2023 Resilient Florida Grant Agreement #23PLN17 to Conduct a Comprehensive Vulnerability Assessment Update Pursuant to Section 380.093, FS and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Ex. A, Contract) pgs 206-253 G. Approve CSA #21-01-KHA-01 Kimley-Horn and Associates, Inc. to perform Sebastian's Coastal Resilience Plan Update in accordance with FDEP FY 23 Coastal Resilience Grant and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, CSA#l, Ex. A) pgs 254-260 H. Accept the Lease Termination from Indian River State College (IRSC) for Their Usage of Classroom and Administrative Space at the "Historic Old Sebastian Elementary School" Effective Immediately (Transmittal, Agreement, Letter) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Dodd B. Council Member McPartlan C. Mayor Jones D. Vice Mayor Nunn E. Council Member Dixon 17. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half hour by a majority vote of City Council) 3 of 260 NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://usO2web.zooni.us/j/81071689200 Or One tap mobile: +13052241968„81071689200# US +13017158592„81071689200# US {Washington DC} Webinar ID: 810 7168 9200 International numbers available: httt)s://us02web.zoom.us/u/keEhw2BMCP 4 of 260 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: • Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Suecial Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Inuut Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Annealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Inuut Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 260 in k'V SEBAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JULY 12, 2023 -- 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA l . Mayor Jones called the Regular City Council meeting to order at 6:00 p.m. 2. Pastor Grant Foster from the Riverside Church Assembly of God, gave the invocation. 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: Interim City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Procurement/Contracts Manager Don Wixon Airport Manager Jeff Sabo Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS 23.023 A. Supervisor of Elections Leslie Rosswav Swan — Changes to Vote -BY -Mail Ballot Requests Supervisor Swan thanked Council for allowing her to hold early voting at City Hall during the even year elections. She said that due to legislation passed in 2021, voters are now required to request vote - by -mail ballots on a more frequent basis and as of December 21, 2022, all requests for vote -by -mail ballots expired in Florida. For the upcoming November 7`h Election ballots 6 of 260 Regular City Council Meeting July 12, 2023 Page 2 could be requested online at voteindianriver.gov or by calling (772) 226-4700. Ballots can be sent anywhere in the world but the request must be in writing. Prior to the December 21, 2022 expiration, there were 44,000 requests on file at her office and now only 10,000 voters have renewed their request. She encouraged voters to contact her office as soon as possible to request their ballot for the November 7`h election. 23.112 B. Proclamation — Treasure Coast Waterwav Cleanup Week — July 15-23, 2023 - Justin Beard. Executive Director, Marine Industries Association of the Treasure Coast and Felicia Gordian, Citv of Sebastian Environmental Technician Mayor Jones read the proclamation and presented it to Mr. Beard and Ms. Gordian. Mr. Beard introduced himself and invited everyone to participate in the cleanup on July 22 at 8am. For those that would like to dive for trash, Ms. Gordian invited the public to meet up at the Peck Lake Reef Dive Cleanup also scheduled for Saturday, July 22"d Mayor Jones read a letter from the Lions Club thanking the City for making the 4`h of July Festival the greatest event yet. (See attached) 7. PUBLIC INPUT Bob Bruner, 861 Montrose Avenue, said he was delighted to see the erosion problem was being corrected on the drainage ditch behind his house however the FEMA contractors have left and the project is stalled because of the increase in costs. He asked if FEMA or the City could cover the cost increase and send out a letter advising residents of when the project will start up again. The Interim City Manager advised Council that he is waiting for FEMA to review the City's request for an extension but he doesn't want to provide an estimated time line because it could be incorrect. He also said if the City doesn't follow FEMA's process they take a chance on not being reimbursed for the $1.2M project. 8. CONSENT AGENDA A. Approval of Minutes — June 28, 2023 Regular City Council Meeting 23.113 B. Award Consultant Service Agreements for Professional Planning and Architect Services to GAI Consultants, Inc.; Kimley-Horn and Associates, Inc.; LandDesign, Inc.; Inspire Placemaking Collective, Inc. and Coastal Wide, LLC for Three Years with Two Optional One -Year Extensions and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Summary, Agreements) 23.114 C. Approve the Execution of a Contract with Trane USA Services for the Repair of the Air Conditioning Unit at City Hall and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Proposal) 7 of 260 Regular City Council Meeting July 12, 2023 Page 3 23.115 D. Approve the Purchase of Two (2) Commercial Mowers to Replace Older Equipment for the Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quotes) 23.116 E. Approve the Purchase of One (1) Ram 1500 Tradesman Crew Cab, V8, 2-Wheel Drive Pick -Up Truck for the Leisure Services Department and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, FL Vendors, Quotes) Mayor Jones asked to pull item D. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve consent agenda items A, B, C and E. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 Item D - Two (2) Commercial Mowers for the Airport Mayor Jones said when he crunched the numbers, there was a $232 difference and it is not listed where that is coming from. The Interim City Manager said that would come from the airport's existing budget. MOTION by Mayor Jones and SECOND by Vice Mayor Nunn to approve consent agenda item D. Vice Mayor Nunn advised that most of the money was coming from the equipment they were auctioning off. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS Council Member McPartlan announced that Col. Martin Zickert (USAF, Ret.) from the Indian River Veterans Council passed away July 2. He noted that Col. Zickert started the Victory Center Military Store in the Vero Beach Mall, as well as many other veterans programs. He said there would be a service for him on July 29 at 9am at the Memorial Island in Vero Beach and at the Walking Tree Brewery from 4-6pm. 8 of 260 Regular City Council Meeting July 12, 2023 Page 4 Council Member Dodd reported that Council Member McPartlan volunteered to provide breakfast when they meet with the Indian River County Commission to identify five top issues of mutual concern. Vice Mayor Nunn announced that Sebastian also lost an important community member, Steve Lulich, Esquire, who was very involved in Chamber and with the City. 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 23.104 A. Resolution No. R-23-15 — Federal Aviation Administration (FAA) Aimort Improvement Program (AIP) Grant Agreement 3-12-0145-021-2023 — Runwav 05-23 Rehabilitation — Authorizing the Citv Manager to Execute the Appropriate Documents (Transmittal, R-23-15, Grant) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN FAA AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT FOR FUNDING THE COST OF "RUNWAY 05-23 ASPHALT REHABILITATION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-23-15. The Interim City Manager said at the June 14 meeting, staff requested the approval of the FDOT grant for $158,546, and on this agenda transmittal they will see that amount increased to $170,382.28. The reason is at the time when the City had to accept he FDOT grant on a tight timeline and the budget was $3,170,910 and after opening the bid the budget became $3,407,645.65 which increases the FDOT portion to which they have verbally agreed to cover but if they don't, it would fall back to the City to cover. Scott Baker, Sebastian, said he was a pilot and very familiar with the airport and spoke in favor of the agenda transmittal because the rehabilitation is about 3'/z years overdue. He gave a shout out to the Airport Manager for coordinating these grants. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve Resolution No. R-23-15. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 9 of 260 Regular City Council Meeting July 12, 2023 Page 5 23.104 B. Award Ranger Construction Industries. Inc. to be the Licensed Contractor Selected in Response to ITB #23-10 - Runwav 05-23 Rehabilitation at the Sebastian Municipal Airport and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal, Bid Tab, Agreement) The Interim City Manager noted that contrary to the notation on the agenda transmittal, the City Attorney has now found the contract acceptable since the contract was included in the bid documents and he asked for approval. There was no public input. MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to approve a contract with Ranger Construction Industries for the rehabilitation of Runway 05-23. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.104 C. Authorize CSA #10 Work Services Agreement with Infrastructure Consulting and Engineering, Inc. (ICE) to Provide Professional Engineering Services Relative to FDOT FM451510-1-94-01 and FAA X26-SOG-3-12-0145-021-2023, Rehabilitation of Runwav 05-23 at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, CSA-10, Exhibit A) The Interim City Manager said the funding for this was provided in the two grants recently approved by Council, and asked for approval. Scott Baker, Sebastian, said ICE has been a friend of the City and airport for years and they will do an incredible job looking out for best interests of the City. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve CSA#10 Work Services Agreement with Infrastructure Consulting and Engineering, Inc. (ICE) for engineering services relative to the rehabilitation of Runway 05-23. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 10 of 260 Regular City Council Meeting July 12, 2023 Page 6 23.073 D. Anbroval to Name Miller Construction Comnanv as the Design -Build Firm in Response to RFO #23-01 - Desian-Build Four (4) Airport Hangars at the Sebastian Municipal Airport and Authorize Negotiations for a Guaranteed Maximum Price Contract (Transmittal. RFO. R-22-30) The Interim City Manager said Wright Construction was selected to enter into guaranteed maximum price (GMP) negotiations but was unable to come close to a budget so the City terminated negotiations and would like to move forward with the second company, Miller Construction Company. Council Member Dodd said he had concerns with how multiple change orders could affect this process. He said he would like to consider a "do not exceed maximum price" to prevent excessive change orders. The Interim City Manager said staff would follow the same protocol that was done with the new Public Works Compound. The Interim City Manager clarified that the $1.5 is the allocated budget; neither Wright Construction nor Miller Construction have provided a price. If the price comes back high as it did with Wright Construction, there will need to be discussions on how to move forward with the project. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to name Miller Construction Company as the design -build firm for four airport hangers and authorize negotiations for a guaranteed maximum price contract. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 23.117 E. Approval of the Final Proiect Report Prepared by Pavement Management Grout) Inc. (PMG) to Finalize the City's Paving and Preservation Plan through Fiscal Year 2028 (Transmittal. Report) The Interim City Manager said tonight they have received the plan and at the next meeting there will be a schedule to pave the evaluated roads. The City Engineer explained that in 2018 the streets were evaluated and a six year plan was drawn up but only three years have been completed. She described how the Pavement Condition Index (PCI) has only decreased three points which indicates the City's efforts are working. Since 2022, staff has been working with Pavement Management Group to develop a seven year plan that will include contracted swale and drainage work to allow three years to be completed in one year. 11 of 260 Regular City Council Meeting July 12, 2023 Page 7 Mayor Jones noted on page 204 of the agenda backup, there is 248 miles of 12 feet wide lanes but most streets are 17-18 feet wide and he asked if we were getting charged correctly. The City Engineer explained that the 12 feet wide lanes are the minor collectors such as Barber or Laconia. The spreadsheets contain the exact square footage of what would be repaired that will be loaded on the City's website. Vice Mayor Nunn said since PMG mentioned the roads should be evaluated every three years, he asked if it was built into the plan. The City Engineer said it was not included in this plan. The next evaluation will be about $32,000. Vice Mayor Nunn said he would like to see everything included in the seven year plan. The Interim City Manager said they could plan out what the estimated costs will be in the future years. Council Member McPartlan asked if we are paving enough now because those rated good and below will rapidly deteriorate. The City Engineer said in the last three years, the minimal CPI reduction is really quite good; and her fear is that if all roads are paved at one time, they will have the same life span and fail at same time. Scott Baker said when PMG puts together a plan; they get their que from Council as to what roads should be addressed and that is what they put into the plan. Council Member Dodd said he agreed with Mr. Baker, if they are serious about the street repairs, it's Council's responsibility to put more money in the budget. MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve the final project report prepared by Pavement Management Group Inc. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS The City Attorney thanked Council for helping her settle in and said she looked forward to working with all of them. 14. CITY MANAGER MATTERS The Interim City Manager announced there will be a budget workshop on July 26 at 5 p.m. prior to the City Council meeting. 12 of 260 Regular City Council Meeting July 12, 2023 Page 8 He also announced that staff will not be purchasing the cement truck in this year's budget. He thanked the Finance Department for their hard work on the budget document so far. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Dixon invited everyone again to the Treasure Coast waterway cleanup on July 22. B. Council Member Dodd asked Council for a consensus on having staff prepare a RFQ or RFP to find a consultant to do a strategic plan as efforts to engage the Treasure Coast Regional Planning Council have been unsuccessful. There was a consensus. Council Member Dodd advised that the street plan will be available on the internet and the public will be able to see their street's evaluation grade and when it will be repaired. C. Council Member McPartlan congratulated the new City Attorney for making it through her first meeting. He thanked the City staff, volunteers, and law enforcement for their work on making the 4`h of July parade a success. He thanked the Interim City Manager for helping with the light situation himself. He noted that Mr. Benton is always available and willing to get his hands dirty. He noted that Sgt. Marcinik recently retired and gave more than 25 years of Community Policing to the City and his mark will be left for quite a while. He noted that the new Clerk of Court, Ryan Butler, plans to reopen the north County Clerk of Court office on August 7 h. He also said Jordan Abbey from the Tax Collector's office would be coming to a future City Council meeting to give a presentation on the PACE Program and how they are carrying out predatory type practices on home owners. Council Member McPartlan said he did agree to provide breakfast when they meet with the County Commissioners. He said the County is going to make a decision on their trash contract ahead of time and noted it will be interesting if they go to mandatory pickup since about 30% of their residents do not subscribe. The Interim City Manager reported that he did speak to Dr. Baker about obtaining 100 saplings for the centennial year but he would like to look into procuring a more mature tree. He is also looking into developing a plan for where the trees should be planted. Council Member McPartlan said he attended the County's budget meeting and an interesting note was that over 7% of their budget is state mandated; property values went 13 of 260 Regular City Council Meeting July 12, 2023 Page 9 up 13.8% and they are increasing the City's CRA contribution to 15.9% which will increase the annual allotment to over $278,000. He encouraged everyone to look at their budget in preparation for Sebastian's budget. D. Mayor Jones said he too met with Carole Jean Jordan, Indian River County Tax Collector, to discuss the PACE Program and he would like to inform others of the program. E. Vice Mayor Nunn thanked the Interim City Manager, employees and the Police Department for the wonderful 4°i of July parade. Mayor Jones also thanked the Interim City Manager and staff for the parade. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 7:14 p.m. Approved at the July 26, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST.• Jeanette Williams, City Clerk 14 of 260 On LT SEAT_ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Sebastian River High School Homecoming Parade Recommendation: Approve road closures, use of Riverview Park and use of the Mobile Stage (without fees) for the 2023 Homecoming Parade Background: Sebastian River High School (SRHS) is requesting Council approval for road closures, use of Riverview Park and use of the mobile stage (without fee) for the 2021 Homecoming Parade. The date for the Parade is Wednesday October 20"', 2021 and will start at 6:OOPM. The road closures necessary are: 1. Indian River Drive; Jefferson Street to Harrison Street, 4PM to line up floats into the Main Street Boat Ramp Parking Lot, until the parade leaves the area at 6PM. Street intersections along the route will be reopened as the parade progresses from North to South. 2. Main Street from US I to Indian River Drive; from 4PM until the parade completely leaves the area. 3. Sebastian Boulevard from the Speedway entrance to Indian River Drive; 4PM to the end of the event. 4. Close Main Street Boat Ramp and parking lot at 11PM on October 19`h, reopen boat ramp once the parade clears the boat ramp parking lot on October 20`h. Variable message boards will be placed on US and Main Street, at both Boat Ramps and parking lots to notify boaters of the closures. Parade staging will be at the Main Street Boat Ramp parking lot. If Agenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: $750 to cover staff costs for road closures Funds to Be Utilized for Appropriation: General Fund Departmental Overtime Attachments: 1. Park Permit Application 2. Mobile Stage Hold Harmless Agreement Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA c City Manager Authorization: Date: 7/2 0 %a a a 3 15 o ' 260 {� c yur HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 "Far emergency purposes ONLY, please dial 772.473.0454 NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD, 74.4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THESEClL(tITY DEPP51T. Please check appropriate; box(es): Park Event (75 to 300 anticipated attendeesl Special Event (301 or more anticipated attendees) $100 $ecur ty Deposit - $101) rent plus 6.5% tax - $106.S0 $200 Security Deposit - $200 rent plus 6.S% tax - $213.00 Will event require road closures *Must provide detailed site plan with application. 'If requesting road closures, include road closure plan. 'Special Events and Alcohol Beverage Request require City Council Approval. Date; Name �Wimit�(permltsL issued to an adult) Name of Organization {if ap5lcaFaV Col Uk `,-ho rr . ��Vr� al Address — Mailing Address If Different 3Xj 16 Chns lad-er,(,l.aW(b11nd~c���, City State Zip Phone -Mail I Reqeq uests ate(sj Tim�o0 n ICIm �m - to iiQrff-c0fy-vV1 90-r�Ao Reason for Rental = Type of Function ��l lnDate (if applicable) h Anticipated Number of Attendees Will there be any sale of goods? Yes No (i(yes. please describe type of goods on back) Will there be food or other ve dors? Yes No Y(If yes, please list name, address of each on back with description and scher erected or otherwise assembled on back. (May require Health Dept. or Fire Dept. permit) I,cmmsy ) , the undersigned, acknowledge that I am the applicant or authorant of the aware of t e proves ons o~ f the of Sebastian Codes in respect to this applicatlo and use ity fa titles for wi Park Event or Special Event I have been provided with the general rides pres;r+ et/by th ity and a as to the tan Signature o li nt Park Use Permit Application Rev 1.2021 I have (tents, etc ) to be organization I am for a permit for a 16 of 260 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information on this page NAME ADDRESS TYPE aoS mime. tf) s 1 h OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: ma Park Use Permit Application Rev 1.2021 2 17 of 260 Lin OF HOME OF PELICAN ISLAND Leisure Services Department 1225 Main Street, Sebastian, FL 32958 Phone:772.228.7057 Fax:772.388.8249 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR USE OF MOBILE STAGE The (renter/lessee) Name: nu-\ iq#a- C.LYY yl ny Address: �co � SYli, (L i,,N /J City: �X) (�-� CL/1-- State: 1__ Zip Code 1 �- Shall indemnify and hold the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 harmless from any and all personal injury or property damage claims, liabilities, iosses or causes of action which may arise out of the use and occupancy of the property by the (renter/lessee), its family, associates, contractors, agents, employees, customers and attendees.. Agreed to this � day of00-ful'IL 20 CITY OF SEB STlAN Signed: Print name: RENTER/LEA Signed: Print Name: (;1�r1 � I�C1� YY�11' IfVh � 1 18 of 260 - ~- - City of Sebastian Home of Mican Island City of Sebastian Municipal Police Department A1lnlicalion for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that arc in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result In three (3) hours ntinimunt billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. -*' (3) Hour Minimum Per Each Officer Required"* Rate Per Hour For Each Offictr ..............540.00 Rate Per Hour For Each Super% isor........... S45.00 Rate Per Hour For Each Vchiele .............$3.00 917 s to on -site utilization of vehicle) (�,, �,, Applicant: l; i t — it s f 1X.r !X 1 Mailing Address: �1 I� ?)l- Wcf• �] City: rJ ►fit - State: ZipCode:�� Requested By: � � Telephone Numbers: �� - " q' t" "i 2A J (I Officer is required for uttendauce of 75 to 150 . 2 - Officers are required for attendance of 151 to 300) Number of Officers required: In Uniform: Plain Clothes: Starting Date: _L4WI Ending Date: rl Starting lime: � YYl j -� Ending Time: '�I �VY`I Scrvicca Requested:�,( �� }'� t ( j� A r.l��l Service Location: � 1 1 r. (_�Q*rwr) Estimated Attendance: Inn C) Alcoholic Beverages Served: Yes Other Comments or Duties: fate Received No � _ Type kplicant's Signature Please apply online once you have been approved, htins://requests.dct.iilk-ommandcr.com/sebastian Reviewed By Command Staff Ofrtcer's Signature Officer's Comments Date Worked Time Worked 19 of 260 CITY OF S1410 TIN HOME OF PEIdCAN MAND BUILDING DEPARTIIlUT FIRE PREVEMION OFFICE IM MAIN STREET • SEBASTIAN. FLORIDA L7958 TF.I.FPIIONE- (MI 589.5537 FAX (TrZ) 50.2566 GENERAL PARADE FLOAT AND TRAILER GUIDELINES 1. All floats (trailers & vehicles) are required to have at least one fire extinguisher (min 51b ABC). 2. All trailers and vehicles using generators are required to have at least one fire extinguisher (min 51b ABC) in close proximity to the generator. 3. Generator usage shall be in a safe manner and placed so that there are no combustibles near the unit and the exhaust is directed away from combustibles and people 4. No storage of fuel is allowed near running or hot generators. 5. All floats (trailers & vehicles) carrying people must have stabilizers and barriers to prevent falls while on the floats as well as falls from the floats. 6. Drivers of vehicles used as floats or towing floats must have a clear view of their float as well as the roadway beside and ahead. 2022 Sebastian River High School Parade I agree to hold harmless the City of Sebastian and all pertinent owners, directors, officers, employees, representatives, agents, and successors from and against any and all claims or liabilities. I also agree to hold harmless any and all of the above persons for any injuries or illnesses whatsoever, including without limitations, injuries to my person and/or property arising out of or incident to any participation in the 2022 Sebastian River High School Homecoming Parade. ('hn her 11111,11 Pleas Ffi t Na Sign Name H r-e--� Date '��VA D VJ— Street Address s.�s-h a'u- PL M5% City State Zip PLEASE SUSMIT WITII APPLICATION -YOU WILL N07 BE PERMITTED IP! IHk PARADE LINEUP Will IOU I Ir ...THANK YOU 20 of 260 r L -4�09& CERTIFICATE OF LIABILITY INSURANCE omoma m 1 IMCFR1S MM18MOM ABAKATMOF OWORMIMOWAlIOf7QiWERSNOaIjgiqr ol'mHDLD R.11418 CiiiTtPe MDOERNOTAMM MELYORKEOXMWAKM.81tilMORALMWM001IMWAFPORDEDSYWRPODS BUMC TM CEKFWAIR OF 013MRAM MM MW COleSl1 M ACOKTR= 8EtWM THR== OWNERMAUMORIND C SBOUAIM off a o¢tff=b holder is onAQDM&AL bWURED. *o Pond Umt0o mt4ot t ft VAROQAVM iti VYAi W# wWd tm Ma lm mend waft= of fete pond„, eef h pottotes uW mWftwaMftrwMM A6WbmeM on etch a d0M clot Cc'tk f diftS too W oohaederintlesrat� .,. ,.� t1. rR�ilotR ' CriQtiaa �. lasf,iap' Relation Iasaramm Bavvicoa of gl*rida. 1hsa. e77tI!&9.9II60 � ILM* 700 Control aaWkwW ariatins.foeQ o• Stuart 9b 34904 ago= Gomm - isto&adoa Oladwe aar"60 scaftYr us3btan", Zama& River. t mum a at. facto C*mty school Districts 700 83 Contra& Parkway start iti 34994 flERT MME � vyyI ��. ��, Y .il.ili I ..I � � � �iAii6�1iA0L' ®*OC:tR ae. 2987 pA.ea[ely �*.�emr�7, eximsaltY e�>acn Bic= mar att►�a°` M MMMMCWi 96943 � ieRlftStON IptElt3t 1e.cni�a�.ekvlt+aieuaaeup�oi+�ilf�wtwf�lwf�aRavatraxiKe � r r �.�,ioe LENT.TfJt81ORCONDIMOPA NCOUrPAaOROTMCCCWMffVMIMPMTOM=?" TiSE e+{BttRAlLC8A81►T1LEAfJit�BB Ili9 t;{tB,t�TTOAt1Tti@ T®l4tB. tL0TA4PlA4aPi1k s �p Om AOTOMOtaetlAMM A Y AWAUM ~_...w asNW05PAO d"m ww"m URN u1clow"um occm _ mofss7 ump AoiSifAOF r 1 Ia 1,AM DR IA 9 � PC7,ieY� -- mmal lal i p'1100*Ieeo ' OS1 tlaas war oiafasas AM MMMt Alan: VW ofiallm" 01/0u/M2 wFoWfRllrmmomm) i As a.s fra.va.» Ptf . $AInv�nrav t nano= Au oune afamuty almAlAaali�ATa t t.aao.000 -oelrimaAoo t eipep.s.�ar t MCLO"nl a>a. tma a" alaiasaa sOmY cam Vw tlaax "S ona"Vloo ot/ail"n a1AMM $OmY 0ti8AY der sodasC t L Ras r.a.sia.ae .W10ii�l r*atMatt t 13"s an Gums atsbllur t BACK OCCURRum I AZDGiti01RY 1 a4mm H AaC�lxr t 3.s4a.aao asr p,00o,aoo ot/oaAM NOW= WIMAN-eAe16WM t 1Asalmdad B i., nssaR9s • aaawuaar s 09eiMR OPOWWW11auaGrro+®rifElOf#µCORASOf.adaindft=ata .asgOosmrs4S0a%-00mwkQQ RSr =o+0i82 River Comm Gabon District sebastiou River nigh school 2071 eaaecomins aarvAs - Oatabar 20,2021 CERTWWATE HOLDER CANCELLAMON 880=ANrof THE AMO OHSCRMED POLMS BECAMELLED BEFORE City of Sebastian TiM m0>OtAli urine numEw. MoT1C8 WILL Be WAVERED UI 1225 MAn Gt. ACC0ROAKC8V MTK8f+CLMV Sebastian. YL 31958 AWRIORM i j ® less- 014 ACORD CORPORA7101L AU dShW reserved. ACORD !S PM4M) The ACORD Herne sad tag* Oro 10SWated marks of ACORD 21 of 260 FLOAT CRITERIA Criteria 5 4 3 2 1 Overall Appearance ■ Artistic imagination ■ Attention to details ■ Visually attractive ■ Easy to Read ■ Catchy Slogan Originality & Creativity ■ Theme is present ■ Music ■ Lights ■ Decorations ■ Posters ■ Banners Crowd Appeal ■ Group members show spirit & liveliness ■ Enthusiastic ■ Make eye contact, smile, & engage audience Construction Quality ■ Difficulty of construction ■ Neat & organized ■ Sharp design ■ SAFETY FIRST Total Points /20 24 of 260 Parade Lineup 1 - N}ROTC -Color Guard and Cannon 2 IRC Firetruck 3 IRC Ambulance 4 City of Sebastian Police Car 5 IRC Sheriff Car 6 Grand Marshall — TBD 7 Homecoming Court Car 41 8 Homecoming Court Car #2 9 Homecoming Court Car #3 10 Homecoming Court Car 44 11 Homecoming Court Car 05 12 iRC Sheriff Car 13 SRHS Football Team 14 Sebastian Youth Football Team 15 SRHS Cheerleaders 16 Sebastian River Middle School Cheerleaders 17 Storm Grove Middle School Cheerleaders 18 Sebastian Elementary Cheerleaders 19 SRHS Marching Sharks Band 20 North County Charter School 21 SRHS Boys Basketball 22 SRHS Girls Volleyball 23 SRHS FBLA 24 SRHS Boys and Girls Golf 25 SRHS Cross Country 26 SRHS Swimming 27 28 29 # 30 `LINE UP WILL BEGIN PRQMPTLE AT 5 PM Mr. Jeff Plate Parade Coordinator 772 564-4277 25 of 260 FLOAT CRITERIA 011 Criteria S 4 3 2 1 r- 6- Overall Appearance • Artistic imagination • Attention to details • Visually attractive • Easy to Read • Catchy Slogan Originality & Creativity • Theme is present • Music • Lights ■ Decorations • Posters • Banners Crowd Appeal • Group members show spirit & liveliness • Enthusiastic • Make eye contact, smile, & engage audience Construction Quality • Difficulty of construction • Neat & organized • Sharp design • SAFETY FIRST Total Points /2Q 26 of 260 CC CM ct *"F HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Amendment of Airport Fueling Operation Lease Agreement Recommendation: Staff recommends approval of new lease amendment for tenant Fishe Flying Corp., attaching the operation of airport fueling equipment to the Hangar `C' Lease at Sebastian Municipal Airport. Authorize the City Manager to execute appropriate documents. Background: Fishe Flying Corp. is a current tenant at Sebastian Municipal Airport, operating as the Fixed Base Operator (FBO) for fuel sales, maintenance, and transient traffic customers, along with their flight training school. They originally took control of the oversight and maintenance of airport Fueling Equipment in 2000, when they resided on the west side of the airport, operating as Sebastian Aero Services. That company and lease no longer exist under the Fishe Flying Corp ownership and they have since moved all of their operations to the east side of the airport. This amendment will properly re -align the agreement that controls the FBO responsibilities to Fishe Flying Corp. If Agenda Item Requires Expenditure of Funds: No expenditure of funds required. Attachments: 1. Amendment to Hangar C Lease, for Fueling and Oversight. 2. Hangar C Lease Administrative Services 7UAWr e Review: i City Attorney Review: Procurement Division Review, if applicable: ""' City Manager Authorization: (/ Date: `]/a l2 0 J 27 of 260 THIRD (3`d) AMENDMENT TO FISHE FLYING CORP AIRPORT HANGAR `C' LEASE Dated: February 10, 2021 THIS THIRD AMENDMENT TO AIRPORT LEASE AGREEMENT (hereinafter "Lease") by and between the City of Sebastian a municipal corporation of the State of Florida located at 1220 Main Street, Sebastian FL 32958 (hereinafter "Landlord") and Fishe Flying Corp., a corporation of the State of Florida doing business at: 202 Airport Drive East, Sebastian, FL (hereinafter "Tenant"), dated August 1, 2023, is hereby amended as follows: WITNESSETH WHEREAS, Landlord is the owner of certain real property located in Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and WHEREAS, the Tenant wishes to modify sections of the Lease as outlined herein; and WHEREAS, Landlord and Tenant are mutually agreeable to said modifications. NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: A. Section 1 of the Lease is hereby amended to add the following: 1. LEASED PREMISES Landlord hereby transfers to Tenant control and management of the Avgas self -serve fuel facility and aircraft tie -down parking area for transient aircraft located in front of the Terminal Building on the east side of the airport. This transfer shall run concurrently with the term of the Lease. Tenant understands that this provision shall become null and void, in part or in full, upon prior written notification if landlord deems these areas necessary for airport projects/expansion. No remuneration will be provided to Tenant in the event of termination for this reason. B. Section 3 of the Lease is hereby amended to read as follows: 3. RENT (c.) Fuel Management: In addition to the rental terms outlined above, the Tenant shall pay the Landlord One Thousand Dollars per Month ($1,000.00/month) in rental fees for the rental of equipment associated with the Avgas self-service fuel system. As additional rent, Tenant shall pay to the Landlord Fuel Flowage Fees of $0.20 (twenty cents) for every gallon of fuel pumped by the Tenant on the first 30,000 gallons and $0.05 (five cents) for every gallon of fuel pumped by the Tenant over 30,000 gallons on an annual basis. Fuel Flowage fee(s) shall be paid on the last day of the month. For the purposes of Fuel Flowage 28 of 260 calculations, the `counter' will reset to zero on October 1 S` of each year. Fuel Flowage figures are subject to City audit. Additionally, Tenant shall maintain at least one (1) certified refueling specialist to conduct daily Avgas quality assurance inspections. Said specialist shall keep a daily written log of the fuel quality inspections. C. Section 5 of the Lease is hereby amended to add the following: 5. USE OF LEASED PREMISES Tenant agrees to provide three (3) tie -down spaces at the Terminal tie -down area for use by transient aircraft parking. Transient aircraft parking shall be offered free of charge for the first day up to one overnight. Tenant may charge customary industry fees for transient aircraft parking beyond a one (1) day overnight stay with landlord's pre -approval of rates. Tenant shall rp ohibit aircraft maintenance (other than minor maintenance such as changing a flat tire) from occurring in the Terminal apron parking area. Additionally, Tenant agrees to administer the use of the Airport Golf carts for guest use in reaching the golf course and restaurant. The Landlord shall provide for the maintenance of the Airport Golf carts. For control and management of the fueling operation Tenant shall provide at their own cost: • Insurance (environmental. liability, and all-risk) and the City shall be named as "Additionally Insured" on the policy, as per Section 10, Insurance, of the Fishe Flying Corp. dba Pilot's Paradise, Inc. Lease. • Annual filter changes at a minimum or as required through inspections by the fuel distributor or by the certified refueling specialist, both at the dispensing point and main tank. • Certification of personnel to perform daily fuel Quality Control checks • Service agreement on point -of -sale terminal equipment. • All required Signage. • Routine maintenance as required (hose replacement due to wear, etc.). D. Section 6 of the Lease is hereby amended to add the following: REPAIRS AND ALTERATIONS Tenant agrees to repair or replace any and all airside fueling equipment, including but not limited to the following: signs, pumps, hoses, reels, handles, point of sale equipment, software updates and any charges for service on the equipment belonging to the Landlord should the equipment fail or be destroyed. Tenant will pay for elected service agreements. Tenant agrees to maintain all fueling equipment to meet the standards for Federal, State, and local licensing, including filter changes and inspections. E. Section 9 of the Lease is hereby amended to add the following: 9. TAXES Tenant agrees to pay all Federal, State, and Local Taxes and Fees as they may apply to the self - serve fueling equipment and the sale of Avgas. 29 of 260 F. G Section 10 of the Lease is hereby amended by the addition of the following: 10. LIABILITY INSURANCE Tenant will maintain Environmental Liability insurance with regard to Avgas storage and spillage with the City of Sebastian as an additional insured. Section 12 of the Lease is hereby amended to read as follows: 12. INDEMNIFICATION/HOLD HARMLESS The Tenant shall indemnify, defend and hold harmless the Landlord, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Tenant and other persons employed or utilized by the Tenant in the performance of the agreement; regardless of the negligence of the Landlord, if any, or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the Landlord, its officers, directors, agents or employees. Upon request of the Landlord, the Tenant shall, at no cost or expense to the Landlord, indemnify and hold the Landlord harmless of any suit asserting a claim for any loss, damage or liability specified above, and Tenant shall pay any cost and reasonable attorneys' fees that may be incurred by the Landlord in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the Landlord waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of the agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day of August, 2023. City of Sebastian, A Municipal Corporation By Brian A. Benton, Interim City Manager Attest: Jeanette Williams, MMC City Clerk Fishe Flying Corp. Stephen Fisher, President Jennifer Cockcroft, City Attorney 30 of 260 tin iy VSTLA NN HOME Of PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST -- SEBASTIAN, FL 32958 PHONE 772-228-7013 -- FAX 772-228-7078 sba kerb- cimofsebastia n.ore LEASE AGREEMENT Between The City of Sebastian And Fishe Flying Corp. dba Pilot's Paradise, Inc. Stephen Fisher, President 202 Airport Drive East Sebastian, FL 32958 31 of 260 AIRPORT LE S THIS LEASE, made and entered into this 10th day of February, 2021, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and Fishe Flying Corp, DBA Pilot's Paradise, Inc. (hereinafter referred to as "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties/party." This document contains twenty three (23) - pages, plus Schedule "A". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property or as the Federal Aviation Administration, FAA, might allow; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end, and in consideration of the premises, covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 32 of 260 RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 1. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, incorporated therein by reference, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property, with improvements, which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "Leased Premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Airport, or any portion thereof rendered unusable to Tenant, Tenant shall be released from this lease and the rental payments adjusted accordingly. . 2. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing February 10, 2021, and will end on the twentieth (20th) anniversary of such date. The Tenant shall have the option to extend the lease for a period of five (5) years, subject to re -appraisal of the rent amount by the City of Sebastian and with agreement by City Council. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of the underlying lease. 3. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be MONTHLY, as fo Ilows: (a) Pavment: The Airport is providing a 15,694 square foot hanger/manufacturing facility for Tenant. Base rent shall be based at the rate of Forty Eight thousand, Two hundred Sixty 33 of 260 Seven USD ($48,267.00) per year. It is understood that the agreed lease rate is contingent on approval by the City Council and the Florida Department of Transportation (FDOT). In addition, the parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In December 2021, the Landlord will compare the most recent price- index with the base price index for 2020, and the yearly rent amount shall be increased proportionally based upon changes in the price index or a flat rate of +2.0%, whichever is greater, on January 1, 2022. Another such adjustment shall be undertaken for January 1, 2023 and every year thereafter until the expiration date of the lease, including the option period if applicable. (b) Security Deposit: Upon lease inception, the Tenant will render an amount representing one -month rent, in addition to the regular rent, to serve as a Security Deposit. (c) Fuel Flowage Fee: Tenant will pay the City of Sebastian a fuel flowage fee per a separate agreement that is currently in force. (d) Time of the essence: The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (e) Default in rent: If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid 34 of 260 ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration: To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all un-matured rent installments presently due and payable. (2) Partial acceleration: In lieu of the option in sub -paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies: In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. However, failure by the Tenant to pay rent in a timely manner as required by the terms of this Agreement as a result of conditions beyond its control, such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or, sewers, shall not be deemed a breach of this Agreement. (f) Default in provisions: If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall 35 of 260 send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirtv (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (g) Taxes: In addition to the rental amount, the Tenant shall pay applicable City of Sebastain, State of Florida , County, and Federal taxes as applicable. (h) Installments: The above rental for the leased premises shall be payable in advance in monthly, installments, commencing on February 10, 2021 4. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 5 below, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such further improvements are approved, in writing, by the City of Sebastian, prior to commencement of any construction. The 36 of 260 Tenant covenants and agrees that all such construction shall be in accordance with the local, and state and federal codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend- and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair; ordinary wear and damage by the elements excluded. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixtures personally owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and may be removed provided the Tenant is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. 37 of 260 5. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport, incorporated herein by reference. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of operating a base of operations for: a. Sales and marketing of aircraft; b. Operation of a pilot traininq academy and individual flight instruction: c. Local siqhtseeinq flights; d. Part 135 Air Taxi: e. Mechanical repairs and aircraft Inspections f. Aircraft hanaaraqe and storage g. Avionics sales and repairs h. Aircraft Upholstery repairs and refurbishments i. Pilot suDDlies shop Note: Open painting is NOT permitted inside or outside of the building. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason at its sole discretion. All business activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 6. REPAIRS AND ALTERATIONS. Beyond the product warranties issued by material and building system providers, the Landlord shall not be obligated to maintain or repair the leased premises 38 of 260 or anv improvements located thereon or anv part thereof during the lease term or anv renewal thereof. The Tenant agrees. at its sole cost and expense. to maintain all of the leased premises includinq landscape and grounds keepinq. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 7. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Utility charges shall be charged by the appropriate agency to Tenant by separate meter(s). The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 8. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law and within the Guiding Documents for Sebastian 39 of 260 Municipal Airport, incorporated herein by reference, provided, however, the Landlord must approve anv such signs in writing prior to erection. The Landlord may impose any reasonable restrictions at its sole discretion as are deemed necessary. 9. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 10. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, and include the City of Sebastian as an additional insured, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage: $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable): $1,000,000 Combined Single Limit. (c) Liability: $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability: minimum $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) -minimum of $400,000 Combined Single Limit. 40 of 260 (g) For Aircraft Fueling Operations - a Comprehensive Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. Service Providers having unescorted access to the Aircraft Operating Area (AOA) at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk - during any Lessors construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall bethe responsibility of the service provider. (j) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in 41 of 260 this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. If lessor decides to add additional improvements the Lessee has no cost for such improvement. Increase in square footage would not impact rent) 11. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of personal business property casualty, fire and extended coverage insurance as it deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this and other Paragraphs contained in the Lease shall have the City of Sebastian as a named insured and contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord. the Tenant shall provide copies of said policies to the Landlord. In the event that building damage and loss of property is caused by the Tenant's actions or negligence, the Tenant shall reimburse Landlord for the amount of any and all deductables or increases in insurance premiums as a result of the loss., Tenant shall make such reimburses to the Landlord within thirty days of notice of the same. 12. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by 42 of 260 tenant's agents, employees, guests and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 13. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly, or indirectly, from out of, or by reason of, any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub - Tenants, agents, assigns, guests, invitees, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 14. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 5 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninetv (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 15. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninetv 43 of 260 (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 16. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 17. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder, (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit 44 of 260 of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirtv (30) days of the date it is initially recorded in the Public Records of Indian River County, Florida. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (1) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (2) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (i) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in. subparts (a) through (h) above. Upon the happening of any "event of default", the Landlord may, at 45 of 260 its option, terminate this Lease and expel the Tenant without prejudice of any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 18. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating, between the Landlord and the Tenant, the relationship of principal and agent, or of a partnership, or of a joint venture and the relationship between them shall be and remain only that of Landlord and Tenant. 19. NOTICES AND REPORTS. Any notice, report, statement, approval, consent, designation, demand or request to be given, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Fishe Flying Corp, DBA Pilot's Paradise, Inc. 46 of 260 Stephen Fisher, President 202 Airport Drive East Sebastian, FL 32958 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 20. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixtv (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. (d) No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 21. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Upon approval of the City, the Tenant may remove said personal property, excluding improvements. Any damage to the building caused during the removal of personal property shall 47 of 260 be repaired by the Tenant. Any personal property not removed within thirtv (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 22. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 23. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the 48 of 260 Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 24. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 25. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder 49 of 260 without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of anv duty, obligation or liabilitv under the provisions of its Lease. 26. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 27. APPLICABLE VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 28. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 29. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 30. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear 50 of 260 interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. 51 of 260 The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan, incorporated herein by reference, and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. FISHE FLYING CORP dlbla PILOT'S PARADISE, INC Stephen Fisher PRESIDENT ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality THE CITY OF SEBASTIAN MUNICIPAL AIRPORT DEPARTMENT S (2----f Scott Baiter AIRPORT DIRECTOR 'Paul E. Carlisle CITY MANAGER for reliance by the City of Sebastian only: ann Anon, Jr. � Y !r CITY ATTORNEY 52 of 260 Schedule "A" Lease Agreement between the City Of Sebastian and Fishe Flying Corp, DBA Pilot's Paradise, Inc Concerning Hanger and Business Operations in Hangar "C" The City Of Sebastian shall lease to Fishe Flying Corp, DBA Pilot's Paradise, Inc a 15,694 square foot multipurpose hanger/manufacturing/office facility located at 214 Airport Drive East, Sebastian, FL 32958 on the Sebastian Municipal Airport hereafter referred to as "Hangar `C"'. Tenant managers and employees are required to have an Airport ID Badge. Business parking shall be in parking spaces identified as belonging to Hangar `C' only. Inasmuch as there are no aircraft tie -down spots associated with Hangar `C', all aircraft under control of the Tenant shall be placed inside the hangar at night or in the Tenant controlled tie down area in the east Transient Parking area. The City Of Sebastian retains ownership of the hanger facility throughout the term of the lease. The lease rate shall be at a rate as described in Section 3 of the lease agreement. Tenant will hold harmless the City Of Sebastian, and the Sebastian Municipal Airport, its employees, agents, invitees, guests, or assigns, of any claim or liability relating to Tenant's operations. END 53 of 260 nn Of SEBASTtAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Nleetin Date: July 26, 2023 Agenda Item Title: Assignment of 80 Taxiway Drive Lease Agreement Recommendation: Staff recommends approval of an assignment to change the named Lessee for the "80 Taxiway Drive" Lease from Fishe Flying Corporation, to EuroAir Consultants, LLC, at Sebastian Municipal Airport, and to authorize the City Manager to execute appropriate documents. Background: Fishe Flying Corporation is a current tenant at the Sebastian Municipal Airport, operating as the Fixed Base Operator (FBO) for fuel sales, maintenance, and transient traffic customers, along with their flight training school. Their original lease on the west side of the airport consisted of two properties, operating initially as Sebastian Aero Services, and later as Fishe Flying Corporation. As they have continued growth and expansion, they have separated the 80 Taxiway Drive property from under the Fishe Flying Corporation and moved it under EuroAir Consultants, LLC, both of which are under ownership of Stephen Fisher. This assignment will properly re -align the existing lease as a standalone entity not associated with the Fixed Base Operator (FBO). If Agenda Item Requires Expenditure of Funds: No expenditure of funds required Attachments: 1. Assignment to of 80 Taxiway Drive Lease 2. 80 Taxiway Drive Lease Administrative Services Department Review: City Attorney Review: U Procurement Division Review, if applicable: City Manager Authorization: Date: 7 f a.v Aa.�3 f 54 of 260 ASSIGNMENT AND ASSUMPTION OF 80 TAXIWAY DRIVE PROPERTY LEASE AGREEMENT This ASSIGNMENT AND ASSUMPTION OF the 80 TAXIWAY DRIVE PROPERTY LEASE AGREEMENT ("Agreement") is made as of this _day of July, 2023 by and between the City of Sebastian, Florida, a municipal corporation existing by and under the authority of the laws of the State of Florida, 1225 Main St., Sebastian, FL 32958, hereinafter referred to as the "Landlord" and Fishe Flying Corp, a Florida corporation, hereinafter referred to as "Assignor"; and EuroAir Consultants, LLC, a Florida limited liability company, 8515 De Havilland Court, Vero Beach, FL 32968, Florida, hereinafter referred to "Assignee". RECITALS WHEREAS, Landlord presently leases to Assignor certain real property located in Indian River County, Florida pursuant to that certain original Lease dated as of October 1, 2018 and Addendums thereto. Landlord represents and warrants that Exhibit "A" attached hereto contains a complete, true and correct copy of the lease agreement in its entirety (the "Lease"); and WHEREAS, Assignor wishes to assign all of its right, title and interest of the original Lease consisting of that which is described as "80 Taxiway Drive," (Ground Lease) to Assignee, and Assignee wishes to accept such assignment; and WHEREAS, Landlord joins in the execution of this Assignment in and hereby consents to the assignment of the Lease to establish the respective liabilities of Assignor and Assignee under the Lease, and for the other purposes as set forth herein. NOW THEREFORE, in consideration of the foregoing, the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below: 1. Assignor hereby assigns to Assignee all of Assignor's right, title and in and to the original Lease covering 80 Taxiway Drive, Assignor retains liability for all obligations arising under the Lease prior to the date hereof. Assignor shall indemnify, defend and hold harmless Assignee against all such obligations retained by Assignor under the Lease. 2. Assignee hereby accepts the foregoing assignment and assumes liability for all obligations arising under the Lease after the date hereof. Assignee shall indemnify, defend, and hold harmless Assignor against all such obligations assumed by Assignee under the Lease. 3. Assignor represents to Assignee that it has not defaulted in any of its obligations pursuant to the Lease. Assignor represents further that it is unaware of any defaults by Landlord pursuant to the Lease. 4. Landlord represents to Assignee that it has not defaulted in any of its obligations pursuant to the Lease. Landlord represents further that it is unaware of any defaults by Assignor pursuant to the Lease at this time. 55 of 260 5. The effective date hereof ("Effective Date") is July 26, 2023. As between Assignor and Assignee, all obligations under the Lease arising, accruing or relating to the period before the Effective Date shall be allocated to Assignor and all obligations arising, accruing or relating to the period thereafter shall be allocated to Assignee. In the event that the Effective Date occurs other than at the end of any period for which rentals or other charges under the Lease accrue or are due, then such rentals or other charges shall be prorated between Assignor and Assignee on a per diem basis. 6. Landlord hereby consents to the Assignment upon the terms and conditions set forth herein. Unless and until Landlord executes this Agreement, the same shall be of no effect. The consent granted herein shall in no event be construed as consent to any further assignment. 7. Assignee agrees to accept the Premises "as is", without any agreements, representations, understandings or obligations on the part of Lessor to perform any alterations, repairs or improvements therein. 8. If any party to this Agreement commences an action against another party hereto arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and costs of such suit as part of its judgment. Further, should Landlord incur any costs or fees, including attorneys' fees arising out of litigation between Assignor and Assignee, the losing party shall reimburse Landlord fully for same. 9. The parties agree that any litigation or suit will be held in the appropriate courts of Indian River County, Florida and that the appropriate law to be applied will be that of the State of Florida. The parties further agree to waive any right to trial by jury. 9. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, successors and assigns. 10. Any notice given by any party to another party hereto shall be by certified or registered mail, return receipt requested, postage prepaid, to such other party at the address given below or such other address as such other party may from time to time designate in writing to the other parties in accordance with these provisions. The addresses set forth below shall supersede any addresses for notices set forth in the Lease. If no address is given below, then the address for that party shall be the address set forth in the Lease, or in the absence thereof, shall be the address of the Premises. Any such notice shall be deemed given when placed in the United States mail with sufficient postage prepaid. LANDLORD: ASSIGNOR: ASSIGNEE: CITY OF SEBASTIAN FISHE FLYING CORP EUROAIR CONSULTANTS LLC 1225 MAIN ST. 202 AIRPORT DRIVE E. 851 DE HAVILLAND COURT SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32968 11. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or arrangement of understanding pertaining to any such matters shall be effective for any purpose. Except as amended or supplemented hereby, the Lease shall remain in full force and effect. 12. This document shall be recorded in the appropriate public records. 13. This document may be executed in multiple counterparts. 56 of 260 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LANDLORD: CITY OF SEBASTIAN TENANT: By: Brian A. Benton, Interim City Manager Stephen Fisher, President Approved as to form & legality: Jennifer Cockcroft, City Attorney Date: Attest: Jeanette Williams, MMC City Clerk 3 57 of 260 LEASE AGREEMENT Between the City of Sebastian And Fishe Flying Corp 58 of 260 THIS LEASE, made and entered into this I" day of October, 2018, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and Fishe Flying Corp (hereinafter referred to as "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties/party." This document contains twelve 12- pages, plus Schedule "A". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property or as the Federal Aviation Administration, FAA, might allow; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter, and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 1. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property, with improvements, which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "Leased Premises"). The parties understand that this agreement covers the land lease of airport airside property to be occupied by Tenant. 2. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing October 1, 2018 and will end on the tenth (20th) anniversary of such date. The Land Lease value will be appraised immediately prior to the 2e anniversary and adjusted to the then current fair market value. The Tenant shall then have the option to extend the lease for a period of five (5) years with agreement by the City Of Sebastian at the re-evaluated rate or allow the lease to run to the end of its term. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of the Oa 59 of 260 underlying lease. 3. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be MONTHLY, or QUARTERLY, as follows: (a) BASE RENT - The Airport is providing a 22,900SF of airside property on which a tenant owned hangar resides. Base rent shall be at the rate of $0.117 per square foot per year or two thousand six hundred seventy nine dollars and thirty cents ($2,679.30) per year. (b) ESCALATION - In addition, the parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In September 2023 (at the end of the fifth year of the lease), the Landlord will compare the most recent price- index with the base price index September 2023, and the yearly rent amount shall be increased proportionally based upon changes in the price index, if appropriate, on October 1, 2023. Another such adjustment shall be undertaken for October 1, 2024 and every year thereafter until the expiration date of the lease, including the option period if applicable. (c) Time of the essence. The Tenant agrees promptly to perforin, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (d) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all uiunatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in sub -paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. However, failure by the tenant to pay rient in a timely manner as required by the terms of this Agreement as a result of conditions beyond its control, such as, but not limited to, war, strikes, fires, floods, acts ofGod, governmental restrictions, power failures, or damage or destruction of any network facilities or, 3 60 of 260 sewers, shall not be deemed a breach of this Agreement. (e) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (f) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (g) The above rental for the leased premises shall be payable in advance, in quarterly, or monthly, installments, commencing on October 1, 2018 Timely notice of Tenant's preference for payment schedule shall be conveyed to Landlord. 4. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's FBO business. The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such further improvements are approved, in writing, by the Sebastian City Council prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements. The Tenant shall indemnify, defend- and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (a) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non - fixtures personally owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personal property, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personal property shall be repaired by Tenant forthwith at Tenant's expense. 4 61 of 260 USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of aircraft sales, marketing, flight training, aircraft rental, Part 135 air taxi, aircraft maintenance and inspections, storage, and aircraft repairs. It is understood that aircraft Paintine is Prohibited. Tenant is recognized as a FBO as provided for in Minimum Standards Section 14 of the Principal Guiding Documents for Sebastian Municipal Airport. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All businesses and activities must be certified and licensed by appropriate agencies, including the FAA, in the �.rr. „v.:ate categories of their specific operation. 6. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 7. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Utility charges shall be charged by the appropriate agency to Tenant by separate meter(s). The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 8. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 9. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes (if applicable), assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental 5 62 of 260 authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 10. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, .,,,.... 4 .ensive public liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of - (a) Bodily Injury and Property Damage - $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable)-$1,000,000 Combined Single Limit. (c) Hydrofoil Liability - $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability - adequate coverage for any single Hydrofoil in storage or care and a limit covering the total value of those boats but not less than $100,000 for damage to any one (1) boat and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) -minimum of $400,000 Combined Single Limit. (g) For Aircraft Fueling Operations - a Comprehensive Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. Service Providers having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk - during any Lessors construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be theresponsibility ofthe serviceprovider. (j) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. If lessor decides to add additional improvements the Lessee has no cost for such improvement. Increase in square footage would not impact rent). 63 of 260 11. PROPERTY. FIRE AND EXTENDED COVERAGE INSURANCE. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 12. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, guests and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 13. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly, or indirectly, from out of, or by reason of, any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub -Tenants, agents, assigns, guests, invitees, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 14. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 6 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 15. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 16. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to i7 64 of 260 continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 17. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for banlauptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in alien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County, Florida. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or fiunishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof, (1) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (2) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (i) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts (a) through (i) above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant there from to without prejudice any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the 65 of 260 Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 18. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating, between the Landlord and the Tenant, the relationship of principal and agent, or of a partnership, or of a joint venture and the relationship between them shall be and remain only that of Landlord and Tenant. 19. NOTICES AND REPORTS. Any notice, report, statement, approval, consent, designation, demand or request to be given, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: Fishe Flying Corp. Stephen Fisher 8515 DE Havilland Ct. Vero Beach, FL 32968 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 20. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any r. „.N ,;,Xve purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. (d) No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 66 of 260 21. REMOVAL OF TRADE FIXTURES. SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Any personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 22. HEIGHTMAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 23. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re- enter and repossess said land and improvements thereon. 24. ENTIRE AGREEMENT, This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of 10 67 of 260 theparties hereto. 25. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 26. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 27. APPLICABLE VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 28. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 29. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 30. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit 11 68 of 260 of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. City of Sebastian A Municipal Corporation By �y 9/12/18 l'aul Carlisle, City Manager — date - Attest J61iette Willimr:s, WAC City Clerk (Seal) Fishe Flying Corp By StepheiXIII , P sident - date - As approved as to Form and Legality for Reliance by the City of Sebastian only. Jis Stokes, City Attorney 12 69 of 260 Schedule "A" Land Lease Agreement between the City Of Sebastian and Fishe Flying Corp Concerning Operations at Airside Property located at 80 Taxiway Drive, Sebastian, FL The City Of Sebastian shall lease to Fishe Flying Corp (Tenant) a 100' x 229' plot containing 22,900 SF (more or less) of airside land located at 80 Taxiway Drive at the Sebastian Municipal Airport. The eastern most side of the property is located 75' offset from, and parallel to, the centerline of Taxiway "A". The plot envelopes an existing tenant owned hangar and allows for 15' setbacks. The plot allows free access from the hangar in a straight line to Taxiway "A". The Tenant retains ownership of the hanger facility throughout the term of the lease. The lease rate shall be at a rate as described in section 3. of the lease agreement. The lease rate is contingent upon FDOT and FAA approval of the per square foot lease rate. It is understood that Tenant will provide adequate insurance on all aspects relating to its manufacturing/hanger operations. Insurance coverages are described in the.Guiding Documents for the Sebastian Municipal Airport. Tenant will hold harmless the City Of Sebastian, and Sebastian Municipal Airport, its employees, agents, invitees, guests, or assigns, of any claim or liability relating to Tenant's operations. 70 of 260 cnr SEBASTIAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Torres Baby Shower at the Community Center. Background: Claudia Torres is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, August 12th, 2023 from 8:00am to 10:00pm. Staff has verified applicant's date of birth. They are expecting 70 or less attendees. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: C� City Manager Authorization: Date: Vao Aaaj NIA NIA NIA 71 of 260 11110 SERAST" HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388.8249 ' For emergency purposes ONLY. please dial772.473.0454' Date: 71 1 11 VA Community Center ❑ Yacht Club �NameofCk11�CV\U \omCermittee (permits may only be issued to an adult) Name of Organization (if applicable) 1)(�) Loq(, 3VWYD L_I� Physical Address Mailing Address (if different) city state 1 Zip Phones ` E-Mail Reason for Rental —Type of Function �L,-1-16 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) S GtM �U�M Requested ate Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? \4 e5 2) Will there be an admission charge or door charge? A.0 3) Will alcoholic beverages be served? `f'tS If yes, please provide gout, issued ID proof of age (6 li 7 ride/o Date of Birth Verified by I. , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit, Signature of Applicant Cmookl- U rV\ 72 of 260 CITY OF SEBASTIAN 2679 LEISURE SERVICES RECEIPT � ®ems Name XV&/2rCash Date —7 1-7 /,—k,6--,73 :j Check # co,y)mury J�, Z'5AWiq �� Credit �! �,., �� 1l f� uV.10 Amount Paid � l 001001 208001 Sales Tax 001001 220000 Security Deposit ;?So'va 001501 362100 Taxable Rent .5,00 - ID o 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Total Paid 7 32 �' 46 Initials White - Dept. of Qriain - Yellow - Admin. Svcs. • Pink - Aoolicant 73 of 260 CM OF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinu Date: July 26, 2023 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Lazzari Baby Shower at the Community Center. Backeround: Melissa Lazzari is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, August 19th, 2023 from 12:00pm to 6:00pm. Staff has verified applicant's date of birth. They are expecting 40 - 50 attendees. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable r City Manager Authorization: Ar Date: ?A1-1/2- OA] NIA NIA NIA 74 of 260 cmoF SEBASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 " For emergency purposes ONLY, please dial771.473.0454` Date: 06/16/2023 , Community Center ❑ Yacht Club Melissa Lazzari Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 472 Citrus Ave Physical Address Mailing Address (if different) Sebastian FL 32958 772-237-9243 lazzari2654@gmail.com City State Zip Phone E-Mail Baby Shower Reason for Rental —Type of Function 40-50 Anticipated dumber of Attendees (i€ more than 75 attendees, police services are required by R-10-15) 08/19/2023 Requested Date Please answer the following yes or no: Event time: 2pm-5pm (will need additional time for setup & clean u Time: From To 1) Are you a resident of Sebastian? Yes 2) Will there be an admission charge or door charge? No 3) Will alcoholic beverages be served? Yes If yes, please provide govt. issued ID proof of age 07/14/1981 Date of Birth Verified by I Melissa Lazzari , the undersigned, acknowledge that 1 am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Signature of Applicant Revised 112021 75 of 260 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name Art+hollrty U Cash Date 6P 103Q Li Check # .Credit 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services PILL Key inttieCPm,,•V.).iy Cem �r� -Fkt:�o% G Lr4 4 aLA� on 8`17 or 8/18.� Re-fvrovt +Vie, 10 y S/22 vef���lu>te� 2665 Amount Paid 14 .90 2,10.00 70,00 Total Paid��'�� Initials White - Dent. of Oriain - Yellow - Admin. Svcs. • Pink - Aoolicant 76 of260 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Aeenda Item Title: Natural Resources Board Recommendation: Fill three expired, regular member positions — new terms to expire 7/ i /2026 Background: In response to the City Clerk's advertisement, the three incumbents have expressed interest in serving again: Charles Stadelman Nicole Mosblech Thomas Carrano No other applications have been received. Attachments: Applications, member list, advertisement Administrative Services Department Review: NIA City Attorney Review: ct" c City Manager Authorization: Date: 7/a - l e a ) ` 77 of 260 art c* I-IONIE OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. j � C} } Name: 0��Sic�s �•.� -JTH� PIn�C"n -:Y. &. Address: +� 1 + ! s �]f City: !el State: Zip: '�t4Telephone: ('�'7a� ) �iD�l - , -SJc� E-Mail Address: � l��,QsQ�{�i. �' 1��T :4ec loj NU , e A5 Iq o &t e_, L. LC. Employer: a. City: Je, �STi4r1 r„ State: Zip: 30q'T7 Y Business Telephone: (7 �1 � - I am interested in serving on the following boa rd(s)/committee(s): 151 Choice: 1-Y V . cv-M . 2"d Choice: 3�4 4V mfjJ Lirn CHARTER REVIEW COMMITTEE (serves only six months, every five years -next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) , C '; iZens Z "A 9"e g"j CONSTRUCTION BOARD* (permanent) T �1 DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* "(permanent) [ POLICE RETIREMENT BOARD OF TRUSTEES* S r��U ra` 1 466ur4C, PARKS AND RECREATION ADVISORY COMMITTEE (permanent) \ �v� r p VETERANS' ADVISORY BOARD (temporary) b1 cj kt Ze^S �CJ�SL �i "Filing of financial disclosure is required folio wing appointment J,� f "Must be resident one year prior to application. 0,�Jr,fJ_ 78 of 260 Please summarize special skills, qualifications, or education you have acquired forth is appointment: (Your resume, professional certifications or designations may be attached.) t 1 t Z2ll C?� �� d1 i rX,nn Kw �1A CA FL O ntAe Why do you want to serve on this board? T© Common:, y. Do you presently serve on another City Board or Committee? -01EP U i / If yes, please list: N la, Have you previously served on any other City Board or Committee? �D If yes, please list: �\J� I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httD://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at htti)://www.flsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. /► Signature of Applicant: Date: AU � , � S o�r7 f `% G r , �• � rl Date Received by City Clerk's Office 1� "/ 5 1 7 by: C��,4 v 79 of 260 _ � k 1-40%1E C-)F PFI.1CAN ISI_.-'IfVD VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: N 1, co i e }v f 0 s Pec-k Address: 0 13 61 f t City: `�'� Q� h State: FL Zip: 13Z M - 0 Telephone: (`"7 N) 2-10 9_ 7 0 1-) E-Mail Address: 1`11KKr.• i+�'toS(3LECN�GMAIL•Co,�j Employer: �LI-IaaL ►Q7•SfYrG� of 1,gdf',n-n �Y'er C_cSL�✓1 __ City: Y� 3z �aeln State: �L Zip:�g(oU Business Telephone: ( -717 ) f 5q 3 I am interested in serving on the following boa rd(`s)�/committee(s): 1" Choice: +Jatwo-1 Ees,nt�5 UDe[rot 2ld Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** {permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 80 of 260 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) f n Z O 17 , [ q ►u d c/uJ� ur,f-ti; r►-r ,,,� a( vG� fC r:, e c o l o� �yi� �o �( rmG(s� 1 ✓ZS iz hcl� v� ei t� � o 1��� . t`'� y r�s�a � ��.vsra( v� �e i✓t �l �e.:�ce c� �a t �- c� Mn �e ,✓Gw.�r�,� ram-... 5 f5 rbi 41,w A n6W r7cll ch,fz m s . 1"f Critic rye �� %lc �. i',1d L-;66ed a 11 a vecc s of Ulv+VM1rtaprt PSt) ewc, r't!uCIr8 uSe inm--V-�ov?c�rlah,r-,,f rpsncryaS..SiYrro Z�IZ r# have hcd r � e n vn-� ►cQwtS iSSURc � �rl� alu�rwtS. Why do you want to serve on this board? bOkeo I M"d -to Shc4ha,rt 41 200S. ik L' rs r'h P,*V% lrl-p -0b 4he uv<«,,, hcubdz f; -� br-aq��Vwp / Xw,td Pvw. As ai I sass �o s hldw.h 4V ; A4-X+f-7--� �° r , Et i � C,a,+ 4+w s�uhvo-�ven(sstus• Servlly w A)&hjW ees&trw4&vd- Qxeu� +ik&+ fU o fa a Pa4 +'n Cryre wi *mow clu-& C,,h4 �.�ebashah irrertoCe4-ble rafur-&( reS6UrrpS. I ` l' I Do you presently serve on another City Board or Committee? N o If yes, please fist: Have you previously served on any other City Board or Committee? &I o If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter .112, Part /I/) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: 0, �. � _ Date: G'1ZJZo1 �? Date Received by City Clerk's Office 7 by: 4 (A) 81 of 260 Nicole Alana Sublette Mosblech 873 Gilbert St Sebastian, FL 32958 Mobile: (484) 269-7017 nikki.mosblech@gmail.com EDUCATIONAL BACKGROUND Ph.D., Biological Sciences (Emphasis in Ecology) 2007-2012 Florida Institute of Technology, Melbourne, FL Dissertation Advisor: Dr. Mark B. Bush Bachelor of Science, Psychology summa cum laude 1999-2003 University of Scranton, Scranton, PA PROFESSIONAL & TEACHING EXPERIENCE Teacher Current-2012 Vero Beach High School, Vero Beach, FL Taught Environmental Science & Advanced Placement Environmental Science courses Graduate Research Fellow (National Science Foundation) 2012-2009 Department of Biology, Advisor: Dr. Mark B. Bush Florida Institute of Technology, Melbourne, FL Investigated the nature of plant community response to rapid climate changes in the Central Andes over the last 95,000 years Teaching Assistant Workshop Facilitator Aug 2011 Department of Science Education Florida Institute of Technology, Melbourne, FL Mentored new graduate student teaching assistants in pedagogy and presentation skills Graduate Student Teaching Assistant 2009 Department of Biology Florida Institute of Technology, Melbourne, FL Taught lectures and supervised laboratory exercises in community ecology and microbiology laboratory courses Graduate Student Teaching Assistant 2008 Department of Biology Florida Institute of Technology, Melbourne, FL Developed inquiry -based lab modules for use in undergraduate general ecology laboratory course 82 ofG169- Nicole A. S. Mosblech, Page 2 f T Graduate Teaching Fellow 2007-2008 National Science Foundation GK-12 Program Florida Institute of Technology & Brevard Public Schools, Melbourne, FL Created and implemented inquiry -based activities in high school science classrooms; Participated in and led community science outreach activities Science Teacher %IIIII6041IM Vero Beach High School, Vero Beach, FL Designed and taught curriculum for three levels of the interdisciplinary Integrated Science course Fulbright Fellow: English Teaching Assistant 2003-2004 Fulbright English Teaching Assistantship Program Jeju Dong Girls Middle School, Jeju City, South Korea Created and implemented English as a Second Language courses for 7"'and 81" grade classes PUBLICATIONS & PRESENTATIONS Mosblech, N.A.S. & M.B. Bush. In prep. A 3,300 year history of vegetation change and human occupation in the montane cloud forests of northern Peru. Quaternary Research. Mosblech, N.A.S., M.B. Bush, W.D. Gosling, L.E. Thomas, P. van Calsteren, A. Correa- Metrio, B. Valencia, J. Curtis, & R. van Woesik. Submitted. Synchrony of abrupt climate events over 89, 000 years: a view from Amazonia. Nature Geoscience. Mosblech, N.A.S., A. Chepstow -Lusty, B. Valencia, & M.B. Bush. In review. Anthropogenic control of Late Holocene landscapes in the Cuzco region. The Holocene. Bush, M.B. & N.A.S. Mosblech. 2011. Quaternary tropical plant extinction: A paleoecological view from the Neotropics. In L. Hannah & T.E. Lovejoy (eds.) Saving a million species: Extinction risk from climate change. p. 199-214. Island Press, Washington DC. Bush, M.B., N.A.S. Mosblech, B.G. Valencia, D.A. Hodell, W.D. Gosling, P.W. van Calsteren, L.E. Thomas, & J.H. Curtis. Atlantic forcing of Amazonian climates in the last ice age. Presented at: American Geophysical Union Fall Meeting 2011. 5-9 December, 2011: San Francisco, California. Mosblech, N.A.S., M.B. Bush & R. van Woesik. 2011. On metapopulations and microrefugia: paleoecological insights. Journal of Biogeography 38(3): 419-429. Valencia, B.G., N.A. Sublette, & M.B. Bush. Historia de la vegetation, cambio climatico a influencia humana durante el holoceno tardio en los andes centrales. Presented at: XV Congreso Peruano de Geologia, Oct 2010: Cuzco, Peru. 83 of 260 �N) Nicole A. S. Mosblech, Page 3 Sublette, N.A., B.G. Valencia, A. Correa-Metrio, A. Chepstow -Lusty, & M.B. Bush. Regional -scale agricultural shifts in southern Peru (Cuzco). Presented at: Ecological Society of America Annual Meeting 2010. 1-6 Aug, 2010: Pittsburgh, Pennsylvania. Sublette, N.A., E.M. Torlak, R.A. Tankersley, & M.B. Bush. Climate detectives: Investigating past climate variability in the classroom with paleoecological laboratory techniques. Poster presented at: Ecological Society of America Annual Meeting 2008. 2-7 Sep, 2008; Milwaukee, Wisconsin. 84 of 40 orytx HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: /JdM4-15 Address: /.S'S"5f C—SAe,hroc),k /., . City: �e6<sV�ia� Zip: ,3,795F1 Telephone: i /n3/ ) SG/ - -9'9/ E-MailAddress,:arir�/n�, 1 f9�'� gro+cr/ •COS Employer: City: State: Zip: Business Telephone: ( ) - I am interested in serving on the following board s)/committee(s): 1'` Choice: /Jdxlcsowi-Gc_S 2"d Choice: State: �E( 2o,o;?, CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) "Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 85 of 260 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) )rP /, ,/ /1�—SCeni� Why do you want to serve on this board? A& tJ ,1,0C r .o G a / ✓! a is! U , � o n rt� a rJ �S fro .v �— �P �i-e of y *`r ��-c �.sc e t�.r -7 -AS 6o.F Do you presently serve on another City Board or Committee? /Op If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list: E-41 I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: 1//,5—/aa/g Date Received by City Clerk's Office to 4 by: cif w U 86 of 260 Thomas Carrano 1558 Esterbrook Lane Sebastian, FL 32958 (631) 561-5895 (cell) Objective: To secure a position in the field of Planning or Environmental Protection Work Town of Brookhaven Experience: Div. Of Environmental Protection One Independence Hill Farmingville, NY 11738 June 1987 to June, 2018 June 2018 through October 2018 (Private Consultant) Title: Assistant Waterways Management Supervisor Job Duties: Reaulatory Duties: Review applications for multiple types of development that occur within the regulatory jurisdiction of a wetland or waterway. Identify and through regulatory authority mitigate those impacts identified as part of the review. Prepare the necessary State documents under SEQRA. Prepare a Statement of Findings to support approval or denial of the application. Review applications for multiple types of development that occur within the regulatory jurisdiction of the Coastal Erosion Hazard Area. Review proposed projects along the oceanfront of Fire Island, an area decimated by Hurricane Sandy, and the bluffs adjacent to Long Island Sound, both areas of high energy coastal waves. Approve or deny applications based upon their impacts to the natural features found in these areas. Prepare the necessary State documents under SEQRA. Prepare a Statement of Findings to support approval or denial of these applications. Compose code changes to the Town Code that are controlled by the Division of Environmental Protection. Chapter 81 (Wetlands and Waterways) was first vised in 1993 and once again in 2011, adopting a living shoreline policy among other changes. The Coastal Erosion Hazard Area was rewritten in 2011. Bays and Harbor Bottoms was written in 1998. Amendments were also prepared for the Town's Shellfish Management regulations (Chapter 57) to allow leasing of underwater lands to private entities to grow shellfish. Budaetary Duties: Prepare budgets for the Division of Environmental Protection. The Division of Environmental Protection has discretionary spending in excess of $100,000.00 and capital spending, that in 2017 exceeded $15,000.000.00. Capital projects include the restoration of the Mount Sinai Jetty, the Dredging of Lilly Lake, the construction of a ferry terminal at Fire Island Pines, and the construction of the ferry dock and public dock at Cherry Grove. 87 of 260 EM Manage the Town's five Beach Erosion Control Districts and their budgets and spending, the Town's two Fire Island Dock Districts and the Town's Park District in Ocean Bay Park. Grants: Apply for grants from Federal, State and County agencies. Secure the necessary matching funding from the Town as needed. Carry out all work and prepare final documentation for each grant. In 2017 1 wrote and received a grant for $275,000 to upgrade the Town's pump -out stations in three locations. I also completed a grant for $400,000.00 to expand the Town's shellfish grow -out facility (this grant was approved and funded by NY State). In the past ten years I have secured and/or completed over $1,000,000.00 in Federal and State grants. Shellfish Management: I was responsible for the Town's grow -out facility that grew out juvenile shellfish and then seeded on Town -owned underwater lands commercially valuable shellfish such as scallops, oysters, clams, and soft-shelled clams. I designed the facility that is currently being used and in my tenure with the Town increase production from 100,000 animals to over three million animals per year using a land -based upweller system, floating and stationary intertidal cages, and most recently, a FLUPSY. Communitv Outreach: I have managed the Town of Brookhaven's educational programs at its Stewardship Center at Cedar Beach for over 25 years. In the past three years the Center was upgraded with grant money adding touch -screen interactive monitors and several living displays to the building. I have trained the Town's Environmental Educators. I have also appeared with the elected officials in television programs advocating for visitors to attend our educational programs. When asked, I have also appeared in local news programming regarding various environmental issues within the Town and have been quoted in the local papers regarding environmental issues. The Town has partnered with four not -for profit environmental groups. These groups grow shellfish provided by the Town to improve water quality in their prospective areas and also provide the Town with volunteers for beach clean- ups, shellfish grow out programs and eel grass restoration projects. Other Suffolk Community College Experience: 533 College Road Selden, NY 11784 631-4514207 September 1991 to May 2018 Title: Adjunct Assistant Professor of Biology Job Duties: Teaching of BY 101, Biology for non -science majors and BY 44, Microbiology 88 of 260 IRS 1040 Waverly Avenue Holtsville, NY 11742 March 1991 to June 2009 Title: Customer Service Representative Job Duties: Assist tax payers with problems concerning the current tax status, refunds and the answering of general tax questions. Education: Jacksonville University Jacksonville, Florida B.A. Biology L.I. University C.W.Post Campus MS Medical Microbiology Other Erosion Control Inspection Skills: Septic System Inspection Boat Operator 89 of 260 NATURAL RESOURCES BOARD Nicole Mosblech Reapptd 8/26/20 Term expires 873 Gilbert Street 7/1/2023 Sebastian, FL 32958 Apptd reg member 5/24/17 Nikki. mosblech(a7amail.com (484) 269-7017 Sherida Billman Apptd reg 7/27/2022 Term expires 781 Bayfront Terrace 711 /2025 Sebastian, FL 32958 sheridabillman(a7vahoo.com (408)370-3925 Jeffrey Carrier Apptd reg 6/9/2021 Term expires 461 Lanfair Avenue 7/1/2024 Sebastian, FL 32958 Apptd alt 9/23/2020 Jcarrier88aamail .com (517) 414-8322 Ruth Callaghan Reapptd 7/27/2022 Term expires 202 Barbossa Drive Apptd reg member 1/23/19 7/1/2025 Sebastian, FL 32958 Rforman32 a(D.amail.com (610) 304-9973 Donna Ware Reapptd 7/27/2022 Term expires 781 Tuxedo Terrace Apptd 4/10/19 7/1/2025 Sebastian, FL 32958 diwares(a).amail.com (757)999-0331 Thomas Carrano Apptd reg 8/26/20 Term expires 1558 Esterbrook Lane 711 /2023 Sebastian, FL 32958 Appt alt 11 /20/19 Carrano.T19560amall.com (631) 561-5891 Charles Stadelman Reappt 8/26/20 Term expires 146 Mabry Street 7/1/2023 Sebastian, FL 32958 Apptd 9/13/17 stadelman(cDbellsouth. net (772)584-5522 Marcus Bradley — Alternate Apptd 8/26/2020 Term expires 202 Zane Avenue 7/1/2023 Sebastian, FL 32958 Brad lev.marcus.i n.cimail.com ' (772) 713-5448 Sarah Haggerty - Alternate Apptd 7/27/2022 Term expires 418 Peterson Street 7/1/2025 Sebastian, FL 32958 sarahannrehm(cDamail .corn (772) 696-1520 Revised 7.27.2022 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 90 of 260 Ali) L'r ISE13AST die HOME HOME OF PELICAN ISLAND June 20, 2023 Contact: City Clerk's Office 388-8215 PRESS RELEASE NATURAL. RESOURCES BOARD The City of Sebastian is seeking applicants to fill the following expired positions on the Natural Resources Board: Three Regular Member Positions — New Terms will Expire July 1, 2026 One Alternate Member Position — New Term will Expire July 1, 2026 This board holds the City's annual Earth Day event and advises City Council on environmental issues with a three -pronged focus on preservation, regulatory programs and asset management. The board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. These are volunteer positions and applicants must have been a City resident one year prior to application. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq. and will be accepted until July 17, 2023. ; 91 of 260 LMLi SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Adoption of Motion to Set the Proposed Millage for 2024 at 3.0503. Recommendation: Adopt Motion to Set the Proposed Millage at 3.0503 and Direct the City Manager to Execute and Transmit the Required Forms. BACKGROUND: Pursuant to F.S. 200,065 (b), each taxing authority must advise the Property Appraiser of its proposed millage and when the public hearing will be held to consider the proposed millage and the tentative budget. This is published on the tax notice mailed to the taxpayers in August. Adopting a final millage above the proposed rate requires the City to incur the cost of sending additional notices to every taxpayer by first-class mail. Next year's rolled -back rate is 2.6275 versus the present millage of 29050. With approval of 3.0503 as the proposed millage, this will be advertised during the "Trim Process" as a 16.09% tax increase, although the 3.0503 is just a 5% increase above this past year's millage of 2.9050. The Draft General Fund Budget assumes the 3.0503 millage is necessary to balance to the assumed amount of General Fund expenditures for the upcoming year. The 3.0503 rate would add $846,224 more in revenue than the 2.6275 rolled -back rate. This added revenue essentially covers most of the expenditures for additional staffing needs ($686,190) and the increases in premiums for property and liability insurance ($213,460). Staff continues to look for any viable options to lessen the millage needed but also realizes that a higher millage level will best serve the public in funding expenditures and preserving cash reserves over future years. A complete presentation to the City Council on the Capital Improvement Plan and entire Budget Document is scheduled for August 23d. At that time, we will cover the budgets for other City Funds and the Capital Improvement Program in more detail. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: NIA Amount of Appropriation Required: None ATTACHMENTS: • Power Point Presentation on Staff Recommendation • Draft Budget and Capital Improvement Plan— Available at the following link: httns://www.citvofsebastian.orp-/Archive.asr)x?ADID=154 • State of Florida Required Forms DR-420, DR-420TIFs and DR420MM-P. Administrative Services Department Reviewt./� -Ii -I a�� City Attorney Review: Procurement Division Review, if applicable: A J f rr City Maner Authorization: Date: %7a 4) l;L o a J 8 92 of 260 Setting the 2024 Proposed Millage Presentation to City Council Wednesday July 26, 2023 Prepared By: Ken Killgore Administrative Services Director/CFO Facts About the Proposed Millage o Required By State "Trim Process"to Establish a Proposed Millage in July. o Can Not Levy the Final Millage at Rate Higher Than Proposed, Without the Cost of 1st Class Mailing to All Taxpayers. o City Traditionally Sets a High Proposed Millage in Case of Unanticipated Events Between Now and September. 110 -PI N 0 Status of 2024 General Fund Budget 0 5% Raises as Ratified in Labor Agreements. o Group Health Insurance Budgeted to Increase 10% But Rates Are Not Yet Firm. 0 7 New Full -Time Positions, With 2 of Those Changes From Part -Time Positions. 0 3.0503 Millage Needed to Balance Personnel and Other Cost to Revenues. 0 3.0503 is 5%Above This Year's 2.9050. o N O Property Values and Millage: Certified Taxable Values o Certified Taxable Property Values Increased $272,7281446 or 15.05% Above 2023: Additions Account for $84,817,696 or 4.68% of the Increase. Reassessments Account for $187,031,447 or 10.37% of the Increase. o Rolled -Back is 2.6275. Using 3.0503 Avoids Using $846,224 of Reserves or Making Cuts. o Using Last Year's 2.9050 Millage Avoids Using $290,715 of Reserves or Making Cuts. Different Millage & Affecting Factors ($846,224 Shortfall Without 3.0503) DR-420 Same As Equal to Last Year Rolled -Back Last Year Expense Millage Percent vs, Rolled -Back 2.9050 2.6275 Property Tax Revenues $ 5,066,772 Incremental Difference Incremental Revenues Factors Affecting Added Revenues: From Additions From Reassessments From Millage Change Incremental Revenues Ri ir1nat .Rhnrtfall r► � N V r r _ ­ w 0.00% $ 55258,880 $ 192,108 $ 192J O8 2,9050 10.56% $538141289 $ 555,410 $ 7471517 3.0503 16.09% $6,105,104 $ 290,815 $ 846,224 $ 213,944 $ 2363540 $ 248,371 $ 4711768 $ 510,978 $ 5473682 $ (493,605) $ (0) $ 50,172 $ 192,108 $ 747517 $ 846,224 $ gd6,77d $ M 715 $ - 5 Property Values and Millage: Rolled -Back and 3.0503 Versus Prior Year 2.9050 ASSESSED VALUES TAXABLE VALUES TAXES 1. 03% On Homestead: 2.9050 2.6275 3.0503 $200,000 $206,000 $150,000 $156,000 $436 $410 CHANGE FROM LAST YEAR ($26) ASSESSED VALUES TAXABLE VALUES TAXES $250,000 $257,500 $200,000 $207,500 $581 $545 CHANGE FROM LAST YEAR ($36) ASSESSED VALUES TAXABLE VALUES TAXES $300,000 $309,000 $250,000 $259,000 $726 $681 110 CHANGE FROM LAST YEAR ($45) 0 N O 10% On Others: 2.9050 2.6275 3.0503 $206,000 $200,000 $220,000 $220,000 $156,000 $200,000 $220,000 $220,000 $476 $581 $578 $671 `0 ($3) $90 $257,500 $250,000 $275,000 $275,000 $207,500 $250,000 $275,000 $275,000 $633 $726 $723 $839 $52 ($3) $113 $309,000 $300,000 $330,000 $330,000 $259,000 $300,000 $330,000 $330,000 $790 $872 $867 $1,007 $74 $5, $135 6 Property Values and Millage: Rolled -Back and 3.0503 Versus Prior Year 2.9050 ASSESSED VALUES TAXABLE VALUES TAXES 1.03% On Homestead: ��'I1I•�1�. �•��1•�C�11•Y�IC? $350,000 $360,500 $300,000 $310,500 $872 $816 CHANGE FROM LAST YEAR ($56) ASSESSED VALUES TAXES $400,000 $412,000 $350,000 $362,000 $1,017 $951 CHANGE FROM LAST YEAR ($66) ASSESSED VALUES $450,000 $463,500 TAXAB LE VALU ES $400,000 $413,500 TAXES $1,162 $1,086 CHANGE FROM LAST YEAR ($76) 10% On Others: 2.9050 2.6275 3.0503 $360,500 $350,000 $385,000 $385,000 $3101500 $350,000 $3851000 $385,000 $947 $1,017 $1,012 $1,174 $75 ($5) $157 $412,000 $400,000 $440,000 $440,000 $362,000 $400,000 $440,000 $440,000 $1,104 $1,162 $1,156 $1,342 $87 ($6) $180 $463,500 $450,000 $495,000 $495,000 $413,500 $450,000 $495,000 $495,000 $1,261 $1,307 $1,301 $1,510 $99 ($6) $203 Millage Setting 18 Year History At or Below Rolled -Back 11 Years - 61.1% of the Time (2024 is 5% Above 2023 and 26% Lower Than 2015) 4.0000 3.8000 3.6000 3.4000 3.2000 3.0000 2.8000 II i 1 2.6000 a 2.4000 2.2000 2.0000 --� - 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 DRolled-Back 3.0519 3.2121 3.3646 3.8038 3.9019 3.7311 3.5646 3.7398 3.5446 3.6290 3.6700 3.4939 3.1514 2.9399 2.8090 3.0043 2.6834 2.6275' 5 Final 3.0519 2.9917 3.3456 3.3456 3.3041 3.3041 3.7166 3.7166 3.8556 3.8556 3.8000 3.4000 3.1514 2.9399 3.1514 3.0043 2.905013.0503 0 0 8 N O Other Considerations o Adding Seven Positions in General Fund (Two Are Part -Time to Full -Time) Needed to Maintain Current Service Levels. o Funding Designated to Organizational Efficiency Program. o Draft Budget and Millage May Change Before Public Hearings in September. o Setting Proposed Millage for the Trim Notices at 3.0043 Will Be Advertised as an 16.09% Tax Increase. Conclusion oStaff Request The Proposed Millage For Fiscal Year 2023 Be Set At 3.0503. o This Should Be Done With a Motion to Adopt the Proposed Millage At 3.0043 And to Authorize The City Manager To Submit The Required Forms to The Property Appraiser. FLORIDA Year: 2023 Principal Authority: CITY OF SEBASTIAN CERTIFICATION OF TAXABLE VALUE Reset Form I I Print Form DR-420 R. 5/12 Rule 12D-16.002 Florida Administrative Code Effective 11/12 County: INDIAN RIVER Taxing Authority: CITY OF SEBASTIAN SECTION 11: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value of real property for operating purposes $ 1,991,060,197 (1) 2. Current year taxable value of personal property for operating purposes $ 91,248,099 (2) 3. Current year taxable value of centrally assessed property for operating purposes $ 2,563,117 (3) 4. Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3) $ 2,084,871,413 (4) Current year net new taxable value (Add new construction, additions, rehabilitative 5. improvements increasing assessed value by at least 100%, annexations, and tangible $ 84,817,696 (5) personal property value over 115% of the previous year's value. Subtract deletions.) 6. Current year adjusted taxable value (Line 4 minus Llne S) $ 2,000,053,717 (6) 7. Prior year FINAL gross taxable value from prior year applicable Form DR-403 series $ 1,812,142,967 (7) 8 Does the taxing authority include tax increment financing areas? If yes, enter number❑ YES NO Number (8) of worksheets (DR-420TIF) attached. If none, enter 0 Does the taxing authority levy a voted debt service millage or a millage voted for 2 Number 9, years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of ❑ YES []✓ NO (9) DR-420DEBT, Certif)cation of Voted Debt Millage forms attached. if none, enter 0 0 Property Appraiser Certification I I certify the taxable values above are correct to the best of my knowledge. H� Signature of Property Appraiser: Date: Electronically Certified by Property Appraiser 6/21 /2023 11:25 AM SECTION II : COMPLETED BY TAXING AUTHORITY If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-. 10. Prior year operating millage levy (Ifprior yearmillage was adjusted then use adjusted per $1,000 (10) millage from Form DR-422) 2.9050 11. Prior year ad valorem proceeds (Line 7multlpliedbyLine 10, divided by 1,000) $ 5,264,275 01) 12 Amount, If any, paid or applied in prior year as a consequence of an obligation measured by a $ (12) dedicated Increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms) 192,893 13. Adjusted prior year ad valorem proceeds (Line 11 minus Line 12) $ 5,071,382 (13) 14. Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420TIF forms) $ 69,963,587 (14) 15. Adjusted current year taxable value (Line 6 minus Line 14) $ 1,930,090,130 (15) 16. Current year rolled -back rate (Line 13 divided by Line 15, multiplied by 1,000) 2.6275 per $1000 (16) _17. Current,year proposed operating millage rate 3.0503 per $1000 (17) 18 Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided (18) by 1,000) $ 6,359,483 Continued on page 2 103 of 260 DR-420 R. 5/12 Page 2 19 County independent Special District TYPE of principal authority {check one) (19) 0 Municipality R Water Management District 20 Applicable taxing authority (check one) 0 Principal Authority El Dependent Special District (20) El MSTU Water Management District Basin 21. Is millage levied in more than one county? (check one) F1 Yes 0 No (21) DEPENDENT SPECIAL DISTRICTS AND MSTUs i , I STOP HERE - SIGN AND SUBMIT 22 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420 $ 5,071,382 (22) forms) 23. Current year aggregate rolled -back rate (Line 22 divided by Line IS, multiplied by 1,000) 2.6275 per $1,000 (23) 24. Current year aggregate rolled -back taxes (Line 4 multiplied by Line 23, divided by 1,000) $ 5,478,000 (24) Enter total of all operating ad valorem taxes proposed to be levied by the principal 25. taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all $ 6,359,483 (25) DR-420 forms) 26 Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied 3.0503 by per $1,000 (26) 7,000) 27 Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by 16.09 °% (27) Line 23, minus T. multiplied by 100) First public Date : Time: Place: budget hearing g/18/2023 6:00 PM ESTCityHall Council Chambers,1225 Main Street, Sebastian Florida 32958 1 certify the millages and rates are correct to the best of my knowledge. Taxing Authority Certification The millages comply with the provisions of s. 200.065 and the provisions of S either s. 200.071 or s. 200.081, F.S. I Signature of Chief Administrative Officer; Date: G N Title: Contact Name and Contact Title: KEN KILLGORE, FINANCE DIRECTOR H BRIAN BENTON, INTERIM CITY MGR E Mailing Address R 1225 MAIN ST E City, State, Zip SE:BASTIAN, FL 32958 Physical Address: 122S MAIN ST Phone Number: 7723888205 Instructions on page 3 Fax Number: 7723888249 104 of 260 Reset Form Print Form J MAXIMUM MILLAGE LEVY CALCULATION DR-42R.5/12 I]& PRELIMINARY DISCLOSURE Rule 1ZP 1Code Florida Administrative Code FLORIDA For municipal governments, counties, and special districts Effective 11/12 Year: 2023 County: INDIAN RIVER Principal Authority: Taxing Authority: CITY OF SEBASTIAN CITY OF SEBASTIAN 1 Is your taxing authority a municipality or independent special district that has levied ❑ Yes f ad valorem taxes for less than 5 years? !!!! No 1 (1) iF YES, f STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation. 2. Current year rolled -back rate from Current Year Form DR-420, Line 16 2.6275 per $1,000 (2) 3. Prior year maximum millage rate with a majority vote from 2022 Form DR-420MM, Line 13 5.5794 per $1,000 (3) 4. Prior year operating millage rate from Current Year Form DR-420, Line 10 2,9050 per $1,000 (4) if Line 4 is equal to or greater than Line 3, skip to Line 11. if less, continue to Line 5. Adjust rolled -back rate based on prior year majority -vote maximum millage rate 5. Prior year final gross taxable value from Current Year Form DR-420, Line 7 $ 1,812,142,967 (5) 6 Prior year maximum ad valorem proceeds with majority vote $ (6} (Line 3 multiplied by Line 5 divided by 1,000) 10,110,670 7 Amount, If any, paid or applied in prior year as a consequence of an obligation $ (7) measured by a dedicated increment value from Current Year Form DR-420 Line 12 192,893 B. Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7) $ 9,917,777 (8) 9. Adjusted current year taxable value from Current Year form DR-420 Line 15 $ 1,930,090,130 (9) 10. Adjusted current year rolled -back rate (Line 8 divided by Line 9, multiplied by 1,000) 5.1385 per $1,000 (10) Calculate maximum millage levy 11 Rolled -back rate to be used for maximum millage levy calculation 51385 per $1,000 (11) (Enter Line 10 if adjusted or else enter Line 2) 12. Adjustment for change in per capita Florida personal income (See Line 72 Instructions) 1.0284 (12) 13. Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12) 5.2844 per $1,000 (13) 14. Two-thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10) 5.8128 per $1,000 (14) 15. Current year proposed millage rate 3.0503 per $1,000 (15) 16. Minimum vote required to levy proposed millage: (Check one) (16) a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal to the majority vote maximum rate. Enter Line 13 on Line 17. ❑b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17. ❑c. Unanimous vote of the governing body, or 3/4 vote If nine members or more: Check here if Line 15 is greater than Line 14. The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. ❑ d- Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. 17 The selection on Line 16 allows a maximum millage rate of 5.2844 per $1,000 (17) (Enter rate indicated by choice on Line 76) 18. Current year gross taxable value from Current Year Form DR-420, Line 4 $ 2,084,871,413 (18) Continued on page 2 105 of 260 Taxing Authority: CITY OF SEBASTIAN DR-420MM-P R. 5/12 Page 2 19. Current year proposed taxes (Line 15 multiplied by Line 18, divided by 7,000) $ 6,359,483 (19) 20. Total taxes levied at the maximum millage rate (Line 77multiplied by Line 78, divided $ 11,017,294 (20) by 1,000) DEPENDENT SPECIAL. DISTRICTS AND MSTUs I , STOP HERE. SIGN AND SUBMIT. 21. Enter the current year proposed taxes of all dependent special districts & MSTUs levying $ a millage (The sum of all Lines 19 from each district's Form DR-420MM-P) (21) 22. Total current year proposed taxes (Line 19 plus Line 21) $ 6,359,483 (22) Total Maximum Taxes Enter the taxes at the maximum millage of all dependent special districts & MSTUs 23' $ (23) levyingamiIlage(The sum ofoff Lines20from each district's Form DR-420MM-P) 0 24. Total taxes at maximum millage rate (Line20 plus Lin e23) $ 11,017,294 (24) Total Maximum Versus Total Taxes Levied 25 Are total current year proposed taxes on Line 22 equal to or less than total taxes at the ❑� YES NO (25) Imaximum millage rate on Line 24? (Check one) certify the millages and rates are correct to the best of my knowledge. The millages Taxing Authority Certification comply with the provisions of s. 200.065 and the provisions of either S. 200.071 or s. S 200.081, F.S. I Signature of Chief Administrative Officer Date: G N Title: Contact Name and Contact Title: H BRIAN BENTON, INTERIM CITY MGR KEN KILLGORE, FINANCE DIRECTOR E R Mailing Address: Physical Address: E 1225 MAIN ST 1225 MAIN ST City, State, Zip: Phone Number: Fax Number: SEBASTIAN, FL 32958 7723888205 �7723888249 Complete and submit this form DR-420MM-P, Maximum Millage Levy Calculation -Preliminary Disclosure, to your property appraiser with the form DR-420, Certification of Taxable Value. Instructions on page 3 106 of 260 Reset Form Print Form TAX INCREMENT ADJUSTMENT WORKSHEET Year: 2023. Principal Authority CITY OF SEBASTIAN Community Redevelopment Area: Re -Development District 2A SECTION I : COMPLETED BY PROPERTY APPRAISER County: INDIAN RIVER Taxing Authority CITY OF SEBASTIAN Base Year: 1994 DRA20TIF R. 6/10 Rule 12D-16.002 Florida Administrative Code Effective 11/12 I. Current year taxable value In the tax increment area $ 97,381,561 (1) 2• Base year taxable value in the tax Increment area $ 34,959,870 (2) 3. Current year tax Increment value (Line 1 minus Line 2) $ 62,421,691 (3) 4. Prioryear Final taxable value In the tax Increment area $ 94,863,925 (4) 5- Prioryear tax increment value (Line 4 minus Line 2) $ 59,904,055 (5) Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. SIGN MERE Signature of Property Appraiser : Date : Electronically Certified by Property Appraiser 6/21/2023 11:25 AM SECTION Ih COMPLETED BY TAXING AUTHORITY rompfete EITHER line 6 or fine 7 as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund 1S BASED on a specific proportion of the tax increment value: 6a•lEnter the proportion on which the payment is based. 95.00 % (6a) 6b 1Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) $ (6b) ff value is. orfess than zero, then enter zero on Line 6b 59,300,606 6c. Amount of payment to redevelopment trust fund in prior year $ 162,123 (6e) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax Increment value: 7a• Amount of payment to redevelopment trust fund in prior year $ 0 (7a) 7b- Prior year operating millage levy from Form DR-420, Line 10 0.0000 per $1,000 (7b) 7c'Taxes levied on prior year tax Increment vaiue $ (7c) I(Line5 multiplied byLlne 7b, divided by 1,000) 0 7d Prior year payment as proportion of taxes levied on increment value % (7d) (Line 7a divided by Line 7c, multiplied by 700) 0.00 7e Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) $ (7e) if value is zero or less than zero, then en ter zero on Line 7e 0 Taxing Authority Certification I certify the calculations, millages and rates are correato the bestof my knowledge. 5 Signature of Chief Administrative Officer: Date: I G Title: Contact Name and Contact Title: N BRIAN BENTON, INTERIM CITY MGR KEN KILLGORE, FINANCE DIRECTOR N Mailing Address: i Physical Address: E 1225 MAIN ST 1225 MAIN ST R E City, State, Zip : Phone Number • Fax Number: SEBASTIAN, FL 32958 7723888205 772388B249 107 of 260 FUMDA Year: 2023 Principal Authority : CITY OF SEBASTIAN Reset Form Print Form DR-420TIF R.6/10 Rule 12D-16.002 TAX INCREMENT ADJUSTMENT WORKSHEET Florida Administrative Code Effective 11/12 County: INDIAN RIVER Taxing Authority CITY OF SEBASTIAN Community Redevelopment Area: Base Year: Re -Development District 2B 2003 SECTION I : COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value in the tax increment area $ 17,826,300 (1) 2. Base year taxable value in the tax increment area $ 6,602,110 (2) 3• Current year tax Increment va I ue (Line I minus Line 2) $ 11,224,190 (3) 4. Prior year Final taxable value in the tax increment area $ 17,785,134 (4) S. Prior year tax increment value (line 4 minus Line 2) $ 11,183,024 1 (5) Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. SIGN HERE Signature of Property Appraiser : Date : Electronically Certified by Property Appraiser 6/'21/2023 11:25 AM SECTION II: COMPLETED BY TAXING AUTHORITY r:ornplete EITHER line 6 or line 7 as applicable. Do NOT complete both, 6. If the amount to be paid to the redevelopment trust fund 15 BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. 9s.00 % (6a) 6b Dedicated Increment value (Line 3 multiplied by the percentage on Line 6a) $ 10,662,981 (6b) if value is zero or less than zero, then en ter zero on Line 615 6c- Amount of payment to redevelopment trust fund in prior year $ 30,770 (60 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax Increment value: 7a. Amount of payment to redevelopment trust fund in prior year Is 0 (7a) 7b. Prior year operating miilage levy from Form DR-420, tine 10 0.0000 per $1,000 (7b) 7c Taxes levied on prior year tax increment value $ I7C} _ (Line5 multiplied by Line 7b, divided by 1,000) 0 7d. Prior year payment as proportion of taxes levied on in crement va I ue O.OD o,� (7d) (Line 7a divided by Line 7c, multiplied by 100) 7e. Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) $ (7e) If value is zero or less than zero, then enterzero on Line 7e 0 Taxing Authority Certification I Icertifythe calculation>i mlllagesand rates are wrrecttothebest ofmyknowledge. 5 Signature of Chief Administrative Officer: Date: G Title :.— N BRIAN BENTON, INTERIM CITY MGR H Mailing Address: E 1225 MAIN ST R E City, State, Zip: SEBASTIAN, FL 32958 Contact Name and Contact Title: KEN IQLLGO RE, FINANCE DIRECTOR Physical Address: 1225 MAIN ST Phone Number: Fax Number : 7723888205 772-3898249 108 of 260 CD Of SEBAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: July 26, 2023 Agenda Item Title: Adoption of Motion to Amend the Budget for the American Rescue Plan Fund to Reallocate $750,000 Authorized for Schumann Drive to the Road Improvements Project. Recommendation: Adopt a Motion Authorizing the Transfer of $750,000 designated for the Schumann Drive Project to the Road Improvements Project. BACKGROUND: Staff has completed the 2024 Draft Annual Budget and Capital Improvement Plan for FY 2024-2029. Within the Capital Improvement Plan section, the attached Schedule is included to show expenditures authorized to be made from the $3,332,128 proceeds from that Federal Program. The expenditures authorized by City Council included both Road Improvements in the amount of $500,000 and improvements to Schumann Drive in the amount of $750,000. To designate the full amount of funds needed to complete the road improvements suggested by the Pavement Management Consultant, Staff recommends the Schumann Drive Project be scheduled for FY 2024-2025 using Discretionary Sales Taxes and increasing the Road Improvement Project to $1,250,000. This would also alleviate concerns about spending the American Rescue Plan monies by the specified deadline, as the Schumann Drive Project will take longer to initiate due to planning and contracting for that work. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: NIA Amount of Appropriation Required: None Additional ATTAC14MENTS: • American Rescue Plan Fund— Projected Balances Schedule Administrative Services Department Review:l City Attorney Review: d6l"� r Procurement Division Review, if applicable: A//A- City MF a er Authorization: i Date: x° oLaa) 109 of 260 AMERICAN RESCUE PLAN FUND PROJECTED BALANCES FISCAL YEARS 2024-2029 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Fiscal Recovery Payments $ 1.666,064 $ - $ $ - $ - $ - $ - $ Investment Income 50,000 7,247 7,247 498 507 509 510 511 Total Revenues 5 1,716,064 7,247 7,247 498 507 509 510 511 Premium Payments: Essential Workers Pay/Benefits 481,011 Infrastructure Investment: Road Improvements 1,250,000 Originally Funded for $500,000. Gardenia Ditch Solution 3,844 746,156 Schumann Drive 0 Fund with DST - $750,000 in FY24-25 Concha Dam 700,000 Interest Expenditures: Artificial Reef Grants 2,500 Water Supply Work Plan 12,000 TOTAL EXPENDITURES FY21 TOTAL EXPENDITURES FY22 S 484,855 TOTAL EXPENDITURES FY23 $ 2,710,656 TOTAL EXPENDITURES FY24 $ TOTAL EXPENDITURES FY25 $ TOTAL EXPENDITURES FY26 $ TOTAL EXPENDITURES FY27 S TOTAL EXPENDITURES FY28 $ - TOTAL EXPENDITURES FY29 $ - BFGiNNING FUND BALANCE $ 1,667,677 $ 2,898,886 S 195,477 $ 202.724 $ 203,222 $ 203,730 S 204,238 S 204,748 TOTAL REVENUES 1,716,064 7,247 7,247 498 507 509 510 511 TOTAL EXPENDITURES 484,855 2,710,656 - - - ENDING FUND BALANCE S 2.898,886 S 195,477 $ 202,724 S 203,222 $ 203,730 S 204,238 $ 204,748 $ 205,259 110 of 260 c� Oft OF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Approve the Price Increases for Ranger Construction Industries, Inc.'s Roadway Paving Contract for RFP 19-03 Recommendation: Staff Recommends Approval of Ranger Construction Industries, Inc.'s Price Increases for RFP 19-03 Contract Background: In 2019, through the Request for Proposal (RFP) process the City of Sebastian awarded a contract to Ranger Construction Industries, Inc. for roadway paving. Ranger Construction Industries, Inc. completed roadway reconstruction and preservation for the 2019, 2020, and 2021 roadway rehabilitation projects. Their contract is valid through April 23, 2025. However, due to economic changes and increases in costs since the contract was awarded in 2019, Ranger cannot meet their current contract prices, or fall within the Consumer Price Index (CPI) rate adjustments allowed within their current contract. The City requested estimates for the road rehabilitation work in the 2022-2024 year and these prices are specifically for those streets as they take into consideration the specific thermoplastic restriping. Ranger is requesting an increase for 2" Mill and Overlay as well as Full Depth Reclamation Costs. The original contract does contemplate rate adjustments annually based on the Consumer Price Index (CPI). The City has discretion to approve or deny the request. (See number 29(b) of contract.) Staff recommends accepting the updated prices from Ranger Construction Industries due to the fact it is the most efficient and effective process for the City to take at this time. Alternatively, the City could go out to bid for updated costs or piggyback other existing contracts, which may increase the cost further as well as delay the construction start date. Staff is requesting approval of these contract price changes so City staff can move forward with the paving plans for 2022-2023. Staff plans to execute another bid for updated prices for the fiscal years 2024 through 2027. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: See Bid Sheet Changes Total Cost: See Bid Sheet Changes Funds Utilized for Appropriation: Local Option Gas Taxes, Discretionary Sales Taxes and American Rescue Plan Funds Attachments: 1. RFP 19-03 Ranger Construction Industries Bid Sheet, with Revised Pricing Markup 2. Excerpt from City of Sebastian Contract with Ranger Construction Industries Administrative Services Department Review: '� -I (:�<� City Y Attorne Review: a " `� Procurement Division Review, if applicable: /V/4 City Manager Authorization: Date: -7/20 / dd�3 YYY 111 of 260 ATTACHMENT 1 RANGER CONSTRUC T i0AI INCUS T ?:EF F. 'See prices changes noted in red for items 327-2 and APM-005 1111) FORM Pay hens 104-12 104-12 110-1-1 110-1 110-1 110-2 110-2 110-3 110-3 110-4 1104 120-1 120-1 11204 1120-4 I12M 1120-6 1280-2 1280-2 1 280 2 1 13227-I 1327-2 1331-1 1331-1 331-1 333-1 333-1 333-1 333-2 333-2 333-3 333-3 333-2 1333-3 .1425-1 1425-I 1425-1 1429 2 42 2 "11ASE BID A 11rrn,i i k c Paving Methods" Description Quantity Unit Unit Cast Staked Silt Fence 50-500 I.r Staked Silt rence 501-1000+ Lr Clearin, and Grubbing i AC Curb and Gutter Removal 25-250 Lr Curb and Gutter Removal 251-500+ Lr Miscellaneous Concrete Removal 50-500 S5' Miscellaneous Concrete Removal 501-1000+ SY Existine Pipe Removal 10-200 LF NO BID Existin_ Pipc Removal 201-500+ Lr NO BID Removal of Existin_ Pavement 20.500 SY Removal of Existing Pavement 501.1000+ SY Roadway Excavation 201-500 CY Roadway Excavation 501.4000+ CY Swale Grading 20-200 Lr Swale Grading 201-500+ Lr Embankment (Truckload) 1-200 CY Embankment (Truckload) 201.500+ CY Asphaltic Base Course 20-200 TIN Asphaltic Base Course ZOI-500 TIN Asphaltic Base Course 501-1000+ T\ Milling of Existing Asphalt (2" +/-) millin,- of Existing Asphalt (2" +1-) SP 9.5 Asphaltic Concrete SP 9.5 Asphaltic Concrete SP 9.5 Asphaltic Concrete SP 12.5 Asphaltic Concrete SP 12.5 Asphaltic Concrete SP 12.5 Asphaltic Concrete Asphaltic Concrete Type "S-3" Asphaltic Concrete Type "S-3" Asphaltic Base Course Asphaltic Base Course Asphaltic Concrete Type "S.3" Graded Aiurc,ate )lase Ad'tuslin_- Manholes (iMc(al Riser Icings) Adjuslim, Manholes (NIctal Riser Rings) Adjusting .Manholes (`fetal Riser Rint,$) Adiustinti 5'nlvc Boxes (Metal Riser Rings) Adjustine Valve dozes (Alclal Riser 111nus) 50,000 + 10,000 to $0.000 20-200 201-500 501-1000+ 20.200 201-500 501.1000+ 20-200 201-500 10-200 201-500+ 501-1000+ 10+ 1-5 6-10 11-20+ 1.5 6-10 SY SY TW'� TIN TIN TIN IN TIN TIN Tr TN TN Tr TN EA EA EA EA EA 5-5.90 S 1.50 $9,550.00 599.25 581.50 546.40 536.40 S84.00 $3.05-$3.50 518.45 PER SF 536.00 (Including related S22.95 thermoplastic 544.35 striping) 517.15 5290.00 Price varies within this $63.00 range 5320.00 according to 5140.00 quantity of 5140.00 striping .0 6 $2.60 5300.00 S 140.00 SF "--SM-00 (to align with 52'01.- PMG's S130.00 takeoffs given in SF) 5125.00 5300.00 S 140.00 5330.00 $140.00 $135.00 5285.00 5250.00 5250.00 5250.00 S 125.00 S 125.00, 112 of 260 ATTACHMENT 1 1425-2 Adjusting Valve Boxes (Melul Riser Rings) 11-20+ EA 1430-2 18" RCP CD - CLASS 111 1-200 LF 1430-2 18" RCP CD - CLASS I 11 201-500+ LF 1430-3 10" ADP 1-200 LF 430-3 10" ADS 1-200 LF 430-3 10" ADS 201-500+ LF 430-3 12" ADS 1-200 LF 430-3 15" ADS 1-200 LF 430-3 15" ADS 201-500+ 1.F 430-3 18" ADS 1-200 LF 430 3 18"ADS 201-500+ LF 430-3 24" ADS I-2o0 l.F 430-3 24"ADS 201-500+ 1Y 1430-3 36" ADS 1-200 LF 1430-3 36" ADS 201-500+ LF 1520-1 Type "A" Curb 10.25 LF 520-1 Type "A" Curb 26-50+ LF 520-2 Type "B" Curb 10-25 LF 520-2 Type "B" Curb 26-50+ LF 520-3 Type "D" Curb 10-25 LF 520-3 Type "D" Curb 26-50 + LF 15204 Type "E" Curb 10-25 LF 520-4 Type "E" Curb 26-50+ LF 520-5 Type "F" Curb 10-25 LF 520-5 Type "F" Curb 26-50+ LF 520-5 Type "deader" Curb 10-25 l.F 520-5 Type "deader" Curb 26-50+ LF 522-2 Concrete Sidewalk -W' thickness) W/Fiber .20-100 SY 522-2 Concrete Sidewalk- (4"thickness) \'/Filicr 101-250+ SY 522-2 Concrete Sidewalk- (6" thickness)11'/Fiber 101-250+ SY 527-2 Detectable Warnin8 Surfaces (Inset) ` 10-50 SF 527-2 Detectable Warnine Surfaces (Inset) " 51-IW SF 527-3 Det. Warnin Surf. (Screwdown Rctro-Fil) 10-50 SF 527-3 Det. Warning Surf. (Screwdown Retro-Fit) 51-100 SF 575-1 Sodding(liahia) 100-500 SY 1575-1 Soddin_ (Bahia) 501.1000+ SY 575-2 Sodding (Floraiam) 100-500 SY 575-2 Soddin_ (Floratam) 501.1000+ SY 660-2102 Loop :Assembly. Ffil - Type B 1 AS 706-1 Reflective Pavement Markings (RPNI's) 20-60 E:S 1706-1 Renective Pavement Nlarkcrs (RP.NI's) 61-100+ EA 1710-1 6" Solid Traffic Stripe (paint) 1-200 LF 710-1 6" Solid Traffic Stripe (paint) 201-500 LF 710.1 6" Solid Traffic Stripe (paint) 501-1000+ LF 710-2 12" Solid Traffic Stripe (paint) 1-25 LF 710-2 12" Solid Traffic Stripe (paint) 26-50 LF 1710-2 12" Solid Traffic Stripe (paint) 51-f00+ LF 18" Solid Traffic Stripe (paint) 1-25 LF 710-3 18" Solid Traffic Stripe (paint) 26-50 LF 1710-3 710-3 18" Solid Traffic Stripe (paint) 51-100+ LF 7104 24" Solid Traffic Stripe (paint) 1-25 LF 24" Solid Traffic Stripe (paint) 26-50 LF 7104 24" Solid Traffic Stripe (paint) 51.100+ LF 17104 710-5 6" Skip Traffic Stripe (paint) 1-200 LF 710-5 6" Skip Traffic Stripe (paint) 201-500 LF 6" Skip Traffic Stripe (paint) 501-1000+ LF 1710-5 710-6 6" Dotted Guide Lines (paint) 1-50 LF 710-6 6" Dotted Guide Lines (paint) 51-100 LF NO RID N()1111t NO fill) NO 0 1 D NO BID NO BID NO BID .NO 011) No BID NO BID NO 11111 NO DID NO BID `U Bit) $125.00 S 125.00 $53.011 $53.00 5.19.00 549.00 537.20 537.20 553.00 S53.00 549.00l $49.00 545,45 $45.45 564.00 $64,00 567.30 547.2 5 547,50 547,50 S47.50 S 16.85 55.70 519.8` 58,35 53.130.00 56.40 SS,o{l 54.45 51,80 50.60 WAS 517.70 58.85 535,45 $17.70 58V $35.45 517.70. $8.851 54A5 51.80 50.60 54.45 $1.80 113 of 260 ATTACHMENT Fir%LAGER i�� CO- 710.6 4" !lotted Guide Lines (paint) 101-150+ LF 710-7 Dircclianal Arrows (Paint) 1 EA 535.4� 710-5 Pavement Messages (Paint) 1 EA 710.9 8" Solis Traffic Stripe (Paint) 1-200 LF $4.44 710-9 8" Solid Traffic Stripe (Paint) 201-500 LF $1.8€i 8" Solid Traffic Stripe (Paint) 501-1000+ LF 50.61) �710.9 711.1 6" Solid StripefExtru. Thermo 1-200 LF SB.85 711-I 6" Solid Traffic StirpelExtru. Thermo. 201-500 LF 53.55 711.1 6" Solid StripefExtru. Thermo. 501-1000+ LF SIM$ 711.2 12" Solid Stripe/Extru. Thermo 1-25 LF 571.011 711-2 12" Solid StripefExtru. Thermo. 26-50 LF $35.45 711.2 12" Solid StripefExtru. Thermo. 51-100+ LF S 17.70 711-3 18" Solid StripefExtru. Thermo 1-25 LF 571.00 711-3 18" Solid StripefExtru. Thermo. 26-50 LF 535.45 711-3 18" Solid StripefExtru. Thermo. 51-I00+ LF S 17.70 7114 24" Solid Stripe/Extru. Thermo 1-25 LF 511.00 711-1 24" Solid StripefExtru, Thermo. 26-50 LF 535.4= 7114 24" Solid StripcfCYtru. Thermo. 51-100+ LF $17.71) 711-5 6" Skip Traffic StripefExtru. Thermo 1-200 LF 58.85 1711.5 6" Skip Traffic Slripe/Extru. Thermo. 201-500 LF S3 55 1711.5 6" Skip Traffic SlrmetExtru. Thermo. 501+ LF 51.20 711.6 G' Dolled Guide Lines[Extru. Thern►o 20-50 LF 535.41 711.6 6" Dolled Guide Lines/Extru. Thermo. 51-100 LF S 17.70 711-6 6" polled Guide Lines/Extru. Thermo. 101+ LF 517.5S 711-7 Directional Arrons I Extru. Thermo. 1 EA 589.00 1711-7A Preformed Arrois I JEA 5195.00 711.7E Preformed Symbol (Bike) 1 EA 5220.00 711-8 Pavement Messages 1 Extru. Thermo. 1 EA $270.001 711-9 8" Solid Traffic Stripe 1 Extru. Thermo 20-200 LF SS.85 711-9 8" Solid Traffic Stripe I Extru. Thermo 201-500 LF 53.55 711-9 8" Sol it] Traffic Stripe! Ex(ru. Thermo 501+ LF SIM 711.10 Itemove ExL.fin^ Pavement Markings 20-300 SF 58.85 1711-10 Remove Existing, Pavement Markings 300+ SF 58.85 AI'11-001 Sh mlc Micro Surface 20-24 Ibs 10.000 to 50,000 SY NO BID APM-001 Single Micro Surface 20-24 Ibs 50,001 + SY NO BID :1lIM-002 Double Micro Surface 30-34 Ibs 10.000 to 50.000 SY NO BID $5.24 Al'M-002 Double Micro Surface 30-34 Ibs 50,001 + SY NO BID PER APb1-003 tiiu-le Chip Seal -489 Granite 10,000 to 50,000 SY NO BID SF `APM-003 Single Chip Scal 489 Granite 50,001 + SY NO Bit) JAPM-004 Double Chip Seal - 457 W#89 Granite 10.000 to 50,000 SY NO BID JAPM-004 Double Chin Sea) - #57 W489 Granite 50,001 + SY NO BID f APM-005 full Depth Reclamation I6"-9" 10,000 to 50,000 51' 55.55tL` APM-005 Full Depth Reclamation IV-9" 50,001 + . Sl` 55.65 APM-006 full Depth Reclamation 19-12 10.000 to $0,000 SY 55.55 APM-006 full Depth Ieclamation 19-12 50,001 + SY $5.65 IAPM-006a Cement for Reclamation IJI 5190.15 SF JAP:M-006b Emulsion for Reclamation 1 Gal 54.35 (to align with JAP:11-007 MAP PLACEMENT 10,000 to 50,000 SY NO BIU PMG's APM-007 14A1' PLACENIENT 50,001 + SY NO BID takeoffs given APT-001 Crack Filling 1 Scalin_ I-1000 Gal NO Bit) in SF) AIIT-001 Crack Filling I Scaling 1001-3000 Gal NO B111 APT-001 Crack Filling I Sealing 3001+ Gal NO BED APT-002 Fog Sea] 10,000-_50,000 SY NO BID JAPTA02 Fog Seal 50,001+ SY NO BID APT-002 Fog Seal 1-500 Gal NO Bllt APT-002 Fog Sea 501+ Gal NO BID PR-001 Pavenrenl Rejuvenator 10,000-50,000 SY NO BID PR-002 Pavement Rciuvenalor 501001+ SY NO BID 114 of260 ATTACHMENT 2 EXCERPT FROM RANGER CONSTRUCTION INDUSTRIES CONTRACT use of any plans and specifications by the CITY except the use reasonably contemplated by the CITY at the time the CITY entered this Agreement will be at the CITY's risk and CONTRACTOR, its officers, directors and employees will be held harmless from such use. 29. Term of Contract: (a) Contract term is for six (6) years, commencing on April 24, 2019 and ending on April 23, 2025. At its discretion, The CITY of Sebastian may offer and with mutual agreement of the Parties, two (2) additional three (3) year extensions to this Agreement under the same terms and conditions. (b) Rate adjustments may be requested one time each year of the agreement based on the Consumer Price Index for all urban consumers for the Southeastern US, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the CITY and CONTRACTOR. The CONTRACTOR may request additional rate changes based on extreme circumstances beyond the CONTRACTORs control. The CITY in its sole discretion may approve or deny such request. 30. PubIic Records Form: In accordance with the requirements of Chapter 119 Florida Statutes, as amended, the Contract between the CITY of Sebastian and the CONTRACTOR shall require the CONTRACTOR to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform services, and c) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Chapter 119 Florida Statues or as otherwise provided by Iaw, and d) Meet all requirements of retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 , FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILIJAMS, THE CUSTODIAN OF Page 24 of 26 115 of 260 LM LT SEBASTLAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Approval of Price Increases for Asphalt Paving Systems, Inc.'s Roadway Paving Contract for RFP 19-03 Recommendation: Staff Recommends Approval of Asphalt Pavement Systems, Inc.'s Price Increases for RFP 19-03 Contract Background: In 2019, through the Request for Proposal (RFP) process the City of Sebastian awarded a contract to Asphalt Paving Systems, Inc. for Roadway Paving. Asphalt Paving Systems (APS) completed roadway reconstruction and preservation for the 2019, 2020, and 2021 roadway rehabilitation projects. Their contract is valid through April 23, 2025_ However, due to economic changes and increases in costs since the contract was awarded in 2019, APS cannot meet their contract prices, or fall within the Consumer Price Index (CPI) rate adjustments allowed within their contract. Asphalt Paving Systems is requesting an increase in excess of the Southeastern US Consumer Price Index as shown in Attachment 1 for their revised pricing request. This sheet does not showcase all items within their bid, but rather focuses just on the items that they are asking for revised pricing. Their price increases were calculated according to the FDOT Index as related to increases in asphalt costs. Rejuvenation items such as Micro surfacing, Chip Seal, and emulsion were increased based on the percentage of liquid asphalt binder/cement used in each process. Remaining items that do not include asphalt or liquid asphalt binder/cement were calculated due to rising cost of labor and materials. Staff feels that accepting the updated prices from Asphalt Paving Systems, Inc, to be the most efficient and effective process for the City to take at this time. Alternatively the City may go out to bid for updated costs or piggyback with other existing contracts, which may increase the cost further, as well as delay the construction start date. Asphalt Paving Systems has provided us with a more recently established contract with the City of Kissimmee as an option to piggyback according to those prices. However, we feel that revising APS's prices per their existing contract, rather than piggybacking to bring the most benefit to the City. When reviewing the Kissimmee contract we noted some of the line items are at a lower cost than the revised pricing APS has provided the City of Sebastian. It is important to note that the City of Kissimmee contract has additional line items for mobilization and maintenance of traffic, rather than being included within the same line items in the revised City of Sebastian pricing. If Agenda Item Requires Exoenditure of Funds: Budgeted Amount: See Bid Sheet Changes Total Cost: See Bid Sheet Changes Funds Utilized for Appropriation: Local Option Gas Taxes, Discretionary Sales Taxes and American Rescue Plan Funds Attachments: 1. Asphalt Paving Systems, Inc. Revised Pricing Request 2. RFP 19-03 Asphalt Paving Systems, Inc. Bid Sheet 3. Excerpt from City of Sebastian Contract with Asphalt Paving Systems, Inc. 4. City of Kissimmee Alternative Paving Methods Schedule of Unit Prices Administrative Services Department eview: �v _ City Attorney Review: Procurement Division Re - w, if applicable: 1 N/ -- City Manager Authorization: A' P Date: 7/l e /10 a 3 116 of 260 ATTACHMENT 1 ASPHALT PAVING SYSTEMS REVISED PRICING REQUEST BID FORM City of Sebastian Alternative Paving Method Pay Item Description 280-2 Asphaltic Base Course 280-2 Asphaltic Base Course 280-2 Asphaltic Base Course 327-I Milling of Existing Asphalt (2" +1-) 327-2 Milling of Existine Asphalt 12" +1-1 331-I SP 9.5 Asphaltic Concrete 331-1 $P 9.5 Asphaltic Concrete 331-1 SP 9.5 Asphaltic Concrete 333-I SP 12.5 Asphaltic Concrete 333-1 SP 12.5 Asphaltic Concrete 333-1 SP 12.5 Asphaltic Concrete 333-2 Asphaltic Concrete Tvpe "S-3" 333-2 Asphaltic Concrete Tvpe "S-3" 333-3 Asphaltic Base Course 333-3 Asphaltic Base Course 333-2 Asphaltic Concrete Type "S-3" 575-1 Sodding (Bahia) 575-1 Sodding (Bahia) 575-2 Sodding (F)oratam) 575-2 Sodding (Floratam) APM-001 Single Micro Surface 20-24 Ibs APM-001 Single Micro Surface 20-24 Ibs APM-002 Double Micro Surface 30-34 lbs APM-00I Double Micro Surface 30-34 Ihs APM-003 Single Chip Seal-#89 Granite APM-003 Single Chip Seal-#89 Granite APM-004 Double Chip Seal - #57 wl#89 Granite APM-004 Double Chip Seal - 057 w/#89 Granite APM-005 Full Depth Reclamation 1 V-9" APM-005 Full Depth Reclamation /6"-9" APM-006 Full Depth Reclamation l9-12 APM-006 Full Depth Reclamation l9-12 APM-006a Cement for Reclamation APM-006b Emulsion for Reclamation APT-001 Crack Filling / Scaling APT-001 Crack Filling / Sealing APT-001 Crack Filling / Sealing APT-002 Fog Seal APT-002 Fog Seal APT-002 Fog Seal APT-002 Fog Seal PR-001 Pavement Rejuvenator PR-002 Pavement Rejuvenator Signature of Proposer Name Firm or Patnership Quantity 20-200 201-500 pl-1000+ 50,000 + 10,.000 to 50.000 ;0-200 ;01-.500 501-1000+ ;0-200 ;01-500 501-1000+ 20-200 201-500 10-200 201-500+ 501-1000+ 100-500 501-1000+ 100-500 501-1000+ 10,000 to 50.000 50,001 + I0,000 to 50,000 50,001 + 10,000 to 50,000 50,001 + 10,000 to 50,000 50,001 + 10,000 to 50,000 50,001 + 10,000 to 50,000 50,001 + 1-1000 1001-3000 3001+ 10,000-50,000 50,001+ A-500 501+ 10,000-50,000 $0,00I+ Revised Unit Unit Cost Pricing 2019 COST 2023 COST TN 381.7 $465.67 TN 192.88 S i35.31 TN 144,43 $176.20 SY W TN TN TN TN TN TN TN TN TN TN TN SY SY W SY SY SY SY SY Sy SY Sy Sy SY SY SY SY 1 TN 1 Gal Gal Gal Gal SY SY Gal Gal SY SY No Bid No Bid 4.06 4.42 381.7 192.88 144.43 390.7 191.88 143.43 391.7 192.88 391.7 192.88 144.43 4.75 4.75 5.25 5.25 234 2.34 3.99 3.99 2.42 2.42 4.98 498 6.9 6.9 6.9 6.9 160 2 20 20 20 0.52 0.52 3.55 3.55 $ 465.67 $ 235.31 $176.20 $ 454.45 $ 234.09 $174.98 $ 465.67 $ 235.31 $ 465.67 $ 235.31 $176.20 $ 5.75 $ 5.75 $ 6.25 $ 6.25 $ 3.89 $ 3.89 $ 5.88 $ 5.88 $ 3.42 S 3.42 $ 5.98 5.98 8.95 8.85 8.95 $ 8.85 $ 210.00 $ 2.65 $ 30.00 30.00 ;i 30.00 0.65 5 0.65 4.80 ;i 4.80 117 of 260 ATTACHMENT 2 ASPHALT PAVING SYSTEMS - 2019 BID SHEET BID F011M "BASE FiID %llernalise Paving Methods" Pas llral Dnirriplion lOuantils I nit I nit t "" 10.1.12 Staked Silt Fence 511-5110 I.F 104.12 %taked Silt Fence 501-10011+ LF- 110-1-1 ClearinL and Gruhhint! I AC \n Bill I IU-1 Curti and Gutter Removal 25-150 LF \n Bid 1111-1 Curb and Cutler Rcmuvxl 251.500. LF *SoRid 110.2 Miscellaneous Concrete Renwral So-5011 SY \n [lid 110.2 1liscellaneous Concrete Itenluval 501-IOUII+ SY \u Rid 110-3 F.sislina Mile Removal 10-200 LF No Uid 110-3 Exislinu fine Itcnlovnl Z01-51111+ LF \o Hill 11114 Removal or Ezisait, h%cruenl LO-500 SV 1104 Removal of rxistint; Pavement 501-10110+ S1' 120-1 Roadway Eilravation 1201-500 C1' No Bid 120-1 Road%sav Ezra%minn 501-1000+ 0' No [lid 1204 Swale ter-lding 211-201) �101-5011+ LF No laid 1204 Swale Gradinu LF Vu Rid 120-6 Embankment (Truckload) 11-2110 C1' No Rid 120.6 Lmhankmem 1 fruckloadl 1201-5i10+ ('1" No Bid 2811-2 ,lsphultic nasr Coupe 20-200 TV 180-2 Asphaltic BaseCoune 2nl-5n0 TN 280-2 .Asphaltic [lase ('nurse 501-1000. TN 327-1 %tilline of Faistinz mphah 12" +1-1 50.0110 + NY 327•. llillinL of VNistine .\spllall (2" tl-) 10.000 to SII.11110 F1' 331.1 SI' 9.5 Asphallic Concrete 20-2011 TN 331-1 SP 9.5 Asphaltic Conrrcle 201-5011 TN 331-I Sl' 9.5 Asphaltic Concrete -101-1000+ I'V 333-1 SP 12.5 Asphaltic Concrete 20-21111 TN 333.1 St' 12.5 Asphallic Concrete 201-5ull 1'Y 333-1 tiP 12.5 Asphaltic Concrete 1501-100 0+ -FN 333-2 %%nhallic Concrete Tvpr "b•3" 20-200 'rl 333-2 a%ohallic ( unrrele'I'vile "S-3" 12111-500 TN 333-3 Asphallic llasc Course- 10-20(1 '11N 333-3 Asphallic Base Course 201-5011+ TN 333.2 Asphallic Concrete 'I'vpc "S.3" 501-1000+ TN 333-3 Graded AurreLale Base 10+ TN 425.1 Idiuslinu %lanholes (1lelal Riser Itin_si 1-5 EA 425.1 Idiuslitty Manholes (Metal Riser Rings) 6-10 K% a25.1 Adiusline Manholes Oletal Riser Rinesl I1-20+ LA �25 2 1+liu,line A'alsc nutes \Metal Riser [tines) 1-5 EA 425-2 1iliuslittt; VA%c Roscs Oletal Riser Kinusl 6-111 EA 65 fi5 38t.7� 192.88l 144.431 1 4.061 4.421 38I.71 192.88 Id4.43� 380.7 tU 1.881 143.431 381.7 192.88 381.7 I U2.88 144-d3 65 SUO 500 51111 400 400 118 of 260 ATTACHMENT 2 ASPHALT PAVING SYSTEMS - 2019 BID SHEET 425.2 .1diu+lint! % alvc Bogs IIsleta I Riscr Itinusl j11-211. E,\ J30-2 IS" R('1' CO - ('1..15S III 11-2u11 I.F 4311-2 IA" R('I' UO -('LASS III 201.5110+ I.F 4311.3 10" ADI' I-21111 T.F 430-3 III" %DS 1-2011 I.F 4311-3 lull NOS 201-500+ I.F 4311.3 12" :ADS 1.200 1.17 4311.3 15" .]Uti 1-200 1.F 430.3 15" 1US 201-500+ LF 4311.3 IA" AOS 1-2011 l.F 4311-3 I8"ADS 201-5110+ LF 430-3 24" ADS 1-200 LF 430-3 24"ADS 201-500+ LF 430.3 36" ADS 1-2011 L>: 430.3 36" ADS 2D1-50ilf �T F 520.1 I'vpc "A" Curb 10-25 LF 520.1 Tvpc "A" Curb 26-50+ LF 520.2 Tvpe "It" Curb III-25 LF 520.2 Type "B" Curb 126-50+ LF $20.3 rvpe "D" Curb 10-25 LF 5211.3 Tvpc "W, Curb 26.50 - Li: 520-4 I'ype "E" Curb 10.25 LF .5211.4 Tvpc "E" Curh 26.501- LF 520.5 Tvpc "F" Curb 10.25 LF 5211.5 Tvpc "F" Curb 26-511+ LF 520-5 Tvpc "lieader" Vurb 10-25 l.F 520.5 Tvpc "Ilcadcr" Curb 26.10+ LF 122-2 Concrete Sidestialk -14" thickness) W/riber 20-1110 IS% 922.2 Concrete Side»alk - (4" thickness) N'/Fiber 101-250+ I„ 522.2 Cnncrele Sidessalk -W' Ihicknessl WlFiher 101.2511- �Sl 527-2 Detectable ►►arnine Surfaces (Inset)10-50 ISi- 527-2 Dcicclablc Warning5urface.Owt1' 51-101)+ 1,F 527-3 Del. Warning Surr. (Scrcwduwn Relro-fill lll•50 ISF 527-3 Del. Warnint! Surf. (Screwdown Retro-Fill 51-1110 'SF 575-1 Sodding (Ilahial 100-5110 S1' 575.1 Sodding (Bahia) 501-1111111+ �ti1 575-2 Sodding (Floralum) 1(10-500 4S1' 575.2 Sodding (Floratanll 501-10011+ SY 660-2102 Loop Assembly. F&I -'Type B I \S 706.1 Reflecthe 1'43%cmeni Nlarkints (RPNI's) 20-60 EA 706-1 Itet1whe I'aventcnt Markers IRI'v1'si 61-1110+ I:A 710-1 6" Solid I raffia Stripe fpaino 1-200 1.1, 710.1 6" Solid 1'ratlic stripe (paint) 201-500 LF 7111.1 6" Solid 7'rtffic Stripe (paint) 501-10011- LF 710-2 12" Solid Traffic Stripe (paint) t-25 I.F 7111-2 12" Solid Traffic Strips! Ipainl) 26.50 LF 710-2 12" Solid Traffic Stripc (paint) 51-1001- LF 710.3 IN" Solid Traffic Stripe (painll 1-25 LF 710.3 IN" Solid I ralfie Stripe (paints 26-All Li: 710-3 18" Solid I raf is Slripc (painll 5)-IOl1+ LF 710.4 24" Solid rrarrtc Stripe (paint) 1-2�- - LF" 7104 24" Solid Traffic Stripe (painll 26.50 LF 710.4 24" Solid Traffic Stripe (paint) 51-100+ 1.17 7111-5 6" Skits 'I'm 11ir Stripe( painu 1-2110 LF 7111-5 6"SkipTrafficStrips: (paint) 21)1.5(fil LF 710.5 6" Skip Traffic Stripe (paint( 50140II0+ LF 710-6 6" Dulled Guide Lines (paint) 1-511 LF 710-6 6" Dotted Guide Lines (paint) 51-100 LF 710.6 6" Dotted Guide Lines (Paint) 101-150+ LF 7111-7 Directional %rrwA*Wvintl I EA \n Bill Nu Bid Nn Bid \o Bid No Rid No Bid No Rid No Bid No Rid Nu Rid No Bid No Rid No Rid No Rid No Bid No Rid No Bid No Bid \o Rid No Bid No Bid No Rid No Bid No Rid No Bid No Bid Vn Slid No Rid 'No Bid No Bid Nu Bid No Bid No Bid No Bid 400 4.75 4.75 5.25 5.25 7 7 II A.A 11.72 22 16.5 8.25 22 0.5 A.2 5 35 35.5 16.5 22 16.5 11 22 22 22 441 119 of 260 ATTACHMENT 2 ASPHALT PAVING SYSTEMS - 2019 BID SHEET 7111•R EA 44 710A 8" Solid I raf{c Shrine IPairml 1-201) I.F 11 710-9 8" Sulid Traffic Slrine (Paint) 201-5110 LF 8.8 71()-9 8" timid Traffic Stripe 11'ain11 5111-1000+ LF 1.1 711-1 6" Solid Stripe/Extru. Thermo 1-2110 LF 8.8 711-1 6" Solid Traffic Slirnr4mru. Thermo. 201-5011 LF 6.6 711-1 6" Solid SiripriLmu. Therms. 51)1-1000+ LF 1.65 711-2 12" Solid Stripc/F%iru. I hermu 1-25 1.1 II 711-2 12" Solid StripclF %Iru. Thermo. 26.50 LF 22 711-2 12" Solid 51rit1e/Wru. rhermu. 51-100+ LF III 711-3 18" Solid Stripe/Extru. Thermo 1-25 LF 22 111-3 IS" Solid Stripe/Extru. Thermo. 26-S0 LF 22 111-3 18" Solid SlripcIE7itru. Thermo. 51-100+ LF 11 711-4 24" Solid SlrinelE:xtru. Thermo 1-25 LF 26.: 7114 24" Solid Striueli.xlru. Thermo. 26-50 LF 22 711-4 24" Solid Striucll•:xlru. Thermp. 51-1011+ 1.F 10.45 711-5 6" -Skin h'rallir Stripe/Extru. Thcrmu 1-200 LF 8.8 711-5 6" Skln Tralrc StrinclFxtru. Thernw. 201-500 i.F 6.6 71 I-S 6" Skip Fraffir SlrinelExtru. Thermo. 5111+ LF 1.6.5 711-6 6" Dolled Guide LineUKxlru. Therms 20-50 LF 8.9 711-6 6" Dolled Guide Une-JEctru. I'hermu. 51-100 LF 6.6 711-6 6" Dolled Guide Unr%1Ex1ru. Thermo, 101* LF 1.65 711-7 Direcliunal ►rron%I F.xtru. Thermo. I F_1 165 7114A Preformed ►rru11 I FA 3311 711-70 Preformed S% mhui lllikcl I EA 330 7114 Pa%cmcnl I Ettru. Therms. I F 1 330 711-9 8" Solid TralTic Stripe 1 F.xlru. 1'hcrm4r 211-200 LF 8.8 711-9 8" Solid Traffic Stripe I F.xlru. Thermo) 2111-500 LF 6.6 711=I R" Solid Traffic Sirine I F.xlro. I hcrnhr 501+ LF 1.65 711-10 Remow E%imiriv P;ivcmcnl Marking• 20-300 SF 4.4 711-10 Remove Exiling Pavement llarkint. 300+ SF 2.2 APNI.0111 Sine le Micro Surfacc 211-24 Ib. 10.000 to rd).000 SV 2.34 AP11-001 Single %licru Surface 20-24 lb% 50,001 + Sl' 2.34 1P11.002 Double Nlicru -Surface 30-34 Ibv 10.000 to $(1.1)1111 S1 3.99 APFI.0112 Double Micro Surface 30-34Ibs 50.001 + SF 3,99 IPNI-003 Sinelc Chip Srrl-r189 Granite 10.000 to 50.0110 S1, 2.42 AI'-1.003 Single ( hip.Seal -1189 Granite 50.0111 + 51 2,42 AP\I.004 Double Chip Sral - F57 "INS9 Granite 10.11110 lu 50,000 Sl' 4.98 AP,%1410.1 Double Chip Seal - H57 w1N89 Granite 511.001 + Sl, 4.98 APNI-005 Full Ilrnth Reclantaliun 16"-9" 10.000 to 50.000 S1' J , `2(1 -&-g-J., APNI.00 Full Depth Reclamation 16"-9" i0.001 + S1' 3,y0 -64 AP114106 Full Depth Acclamation /9-12 10.0110 to 511.1100 tit' APH-006 Full Depth Reclamrlinn l9-12 50.001 + S1 .fr+1 %P\I-006a Cement for Reclamathln 11 S /4*0 •UCH -41M it AI'..NI41f1611 Lmul+ion far Reclamaliun 11GaI 2 AP5141(17 RAPPLACEMENT NT 10.000 to Motto Sl' 20 1PNI-007 RAP PLACEIIr r MIMII + 114% 19 A111-001 Crack Filline I Scalint: 1.1000 1(;31 241 APT-001 Crack Filling! Sealing 111(11-3000 IGal 211 Are-1101 Crack Filling I Scaling 3001+ 1Ga1 211 ,1P'r4102 Fog Seal 10.0119-50.000 S1 0.52 ,%PT-0112 Fug Seal MIAMI+ ISY 0.52 APT-002 Fog Seat I -Silo Gal 3.55 API'-002 Foe Seal Sill+ 1(;al 3.55 1113-001 1'2vrmcnl Reiuvenalor 10.000-$0.000 tit No [lid PR-002 Pavement Itciuvenslor 50.001+ IN% 10 Hid 5ignalurc of Propuxr 120 of 260 ATTACHMENT ASPHALT PAVING SYSTEMS - 2019 BID SHEET \.Lrllc jY�2t%.on�pells pErT Firm iir I'aincr.hip 121 of 260 ATTACHMENT 3 EXCERPT FROM ASPHALT PAVING SYSTEMS, INC. CONTRACT use of any plans and specifications by the CITY except the use reasonably contemplated by the CITY at the time the CITY entered this Agreement will be at the CITY's risk and CONTRACTOR, its officers, directors and employees will be held harmless from such use. 29. Term of Contract: (a) Contract term is for six (6) years, commencing on April 24, 2019 and ending on April 23, 2025. At its discretion, The CITY of Sebastian may offer and with mutual agreement of the Parties, two (2) additional three (3) year extensions to this Agreement under the same terms and conditions. (b) Rate adjustments may be requested one time each year of the agreement based on the Consumer Price Index for all urban consumers for the Southeastern US, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the CITY and CONTRACTOR. The CONTRACTOR may request additional rate changes based on extreme circumstances beyond the CONTRACTORs control. The CITY in its sole discretion may approve or deny such request. 30. PubIic Records Form: In accordance with the requirements of Chapter 119 Florida Statutes, as amended, the Contract between the CITY of Sebastian and the CONTRACTOR shall require the CONTRACTOR to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform services, and c) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Chapter 119 Florida Statues or as otherwise provided by law, and d) Meet all requirements of retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 , FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF Page 24 of*26 122 of 260 ATTACHMENT 4 AGREEMENT between CITY OF KISSIMMEE And Asvhalt PavinE SN stems. Inc. THIS AGREEMENT is made this also- day of 2022 by and between the CITY OF KISSIMMEE, a municipal corporation of the State of Florida, 101 Church Street, Kissimmee, Florida 34741, hereinafter "City" and Asuhalt Pavine SN stems. Inc., whose business address is 9021 Wire Road. Zei)h\ rhills. FL 33540, hereinafter "Contractor" and each represents as follows: WITNESSETH WHEREAS, City advertised IFB 2022-002 Annual Contract for Milling, Resurfacing and Minor Concrete Work, attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, Contractor provides milling, resurfacing and minor concrete work services and was the lowest responsive and responsible bidder, a copy of said bid response is attached hereto and incorporated herein as Exhibit `B"; and WHEREAS, City desires to award IFB 2022-002 to Contractor consistent with the terms and conditions and requirements of the bid specifications. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and value considerations, the receipt and sufficiency of which I hereby acknowledged, each Party hereby promises to the other as follows: l . RECITALS. The foregoing recitals are true and correct and specifically incorporated herein. 2. SPECIFICATIONS. Contractor agrees to perform miscellaneous alternative paving methods on an as -needed basis on City premises and facilities. Work may include, but not limited to, milling, resurfacing, striping, micro -surfacing, reclaimed asphalt paving, concrete work, and sodding. 3. WORKMANSHIP and WARRANTY. Contractor agrees to furnish all material, labor, equipment and tools necessary to provide the contracted services in accordance with the Exhibit "A", Exhibit "B", any and all change orders, and this Agreement. Contractor agrees to provide these services in a professional manner in accordance with the standards outlined Exhibit "A". Contractor shall supervise the performance of work by employees who shall present a favorable image for the City at all times when working on City property. 4. TERM. The term of this Agreement shall commence on the date of execution and terminate on September 20, 2025. This Agreement may, by mutual written consent of the Parties, be 123 of 260 ATTACHMENT 4 40 Optional Base Group 1 1-200 SY $ 55.66 47 Optional Base Group 1 201-500 SY $ 55.66 42 Optional Base Group 1 501-1000+ SY $ 38.41 43 Optional Base Group 4 1-200 SY $ 61.22 44 Optional Base Group 4 201-500 SY $ 61.22 45 Optional Base Group 4 S01-1000+ SY $ 41.97 46 Optional Base Group 6 1-200 SY $ 89.71 47 Optional Base Group 6 201-500 SY $ 89.71 48 Optional Base Group 6 501-1000+ SY $ 59.02 49 Optional Base Group 9 1-200 SY $ 95.32 50 Optional Base Group 9 201-500 I SY $ 95.32 51 IOptional Base Group 9 501-1000+ Ij SY $ 64.57 52 IOpticnal Base Group 11 1-200 SY $ 100.87 53 Optional Base Group 11 201-500 SY $ 100.87 54 Optional Base Group 11 501.1000+ SY $ 70.18 55 Milling (1') 1-200 SY ( $ 132.57 56 IMllling (11 201-500 SY $ , 53.03 57 (Milling (11 501-1000+ SY $ 5.94 58 I Milling (1.5`) 1-200 I SY I $ 132.57 59 I Wiling (1.5") 201-500 SY Ij $ 53.03 60 Milling (1.5") 501-1000+ I SY I $ 5.94 61 Wiling (21 1-200 SY $ 132.57 62 Milling (2') 201-500 SY $ 53.03 63 (Milling (21 501-1000+ SY $ 5.94 B4 (36) 1-200 SY $ 132.57 65 �Milling Milling (31 201-500 SY I $ 53.03 66 IMIIUng (30) 501-1000+ SY $ 6.88 67 (Milling (41 1-200 SY I $ 132.57 86 (Miffing (4' 201-600 SY I $ 53.03 69 (Milling (4' 501-1000+ SY ' $ 6.88 70 Milling (5") 1-200 SY $ 132.57 71 IMilling (51 201-500 SY $ 53.03 72 Milling (5") 501-1000+ SY $ 7.21 73 Milling (6`) 1-200 SY $ 132.57 74 Milling (6") 201-500 SY I $ 53.03 75 Milling (6`) 501-1000+ SY I $ 7.54 76 Type III Asphaltic Concrete 1-200 TN $ 230.00 77 IType III Asphaltic Concrete 201-500 TN $ 206.00 78 IType III Asphaltic Concrete 501+ I TN $ 180.00 79 IAsphaitic Concrete Type "S-1" 1-200 TN $ 270.00 80 (Asphaltic Concrete Type "S-1" 201-500 I TN $ 210.00 81 (Asphaltic Concrete Type "S-1" 501+ TN $ 155.00 82 Asphaltic Concrete Type "S-3" 1-200 TN $ 272.00 83 'Asphaltic Concrete Type "S-3" 201-500 TN I $ 215.00 84 (Asphaltic Concrete Type "S-3" 501+ TN I $ 168.00 85 (Adjusting Manholes (Metal Riser Rings) 1-5 EA I $ 2,424.73 86 (Adjusting Manholes (Metal Riser Rings) 6-10 I EA I $ 2,269.41 125 of 260 ATTACHMENT 4 87 Adjusting Manholes (Metal Riser Rings) 11-20+ EA $ 2,269A1 ' 88 Adjusting Valve Boxes (Metal Riser Rings) 1-5 EA $ 1,616.51 89 Adjusting Valve Boxes (Metal Riser Rings) 6-10 EA $ 1,512.94 90 Adjusting Valve Boxes (Metal Riser Rings) 11-20+ EA $ 1,612.94 91 18" RCP CD - Cl 1-200 LF $ 280.56 92 18" RCP CD - CI 201-500 LF $ 253•06 93 18" RCP CD - CI 501+ LF $ 253.08 94 Type "A" Curb 1-25 LF $ 109.25 95 Type "A" Curb 26-50 LF $ 70.73 96 IType"A"Curb 51-100+ LF $ 70.73 97 (Type "B" Curb 1-20 LF $ 136.62 98 Type 'B' Curb 26-50 LF $ 70.73 99 Type "B" Curb 51-100+ LF $ 70.73 100 Type "D" Curb 1-25 LF $ 109.29 101 Type "D" Curb 26-50 LF $ 70.73 102 type "D' Curb 51-100+ LF I $ 70.73 103 type "E' Curb 1-25 LF $ 109.20 104 (Type "E" Curb 26-50 LF $ 70.73 105 Type'E' Curb 51-100+ LF $ 70.73 106 Type "F" Curb 1-25 LF $ 109.29 107 Type "F" Curb 26-50 LF $ 70.73 108 type "F" Curb 51-100+ LF $ 70.73 109 Valley Gutter 1-25 LF $ 136.62 110 Valley Gutter 26-50 LF $ 88-44 111 (Valley Gutter 51-100+ LF $ 88.44 112 Traffic Separator - (4') 1-25 LF $ 136•62 113 Traffic Separator - (4) 26-50 LF $ 88.44 114 Traffic Separator - (41) 51-100+ LF $ 88.44 115 ITraffic Separator - (6') 1-25 LF $ 163.90 116 �raftic Separator - (8) 26-50 LF $ 106.10 117 Traffic Separator - (6) WACO+ LF $ 91.74 118 Traffic Separator - (width varies) 1-25 SY $ 160.88 119 Traffic Separator - (width varies) 26-50 SY $ 141.46 120 Traffic Separator - (width varies) 51-100+ SY $ 122.27 121 Concrete Sidewalk - (4" thickness) 1-100 SY $ 97.79 122 Concrete Sidewalk - (4" thickness) 101-250 SY $ 97.79 123 (Concrete Sidewalk - (4" thickness) 251-500+ SY $ 77.28 124 Concrete Sidewalk - (6" thickness) 1-100 SY $ 129.86 125 Concrete Sidewalk - (6" thickness) 101-250 SY $ 101.48 126 Concrete Sidewalk - (6" thickness) 251-500+ SY I $ 101.48 127 Concrete Sidewalk - (6" Thickness) 1-100 SY $ 129.86 128 Concrete Sidewalk - (6" Thickness) 101-250 SY $ 101.48 129 Concrete Sidewalk - (6" Thickness) 251+ SY I $ 101.04 131) Detectable Warning Surfaces (Inset) 1-50 SF I $ 35.26 131Detectable Warning Surfaces (Inset) 51-100 SF I $ 35.26 132 (Detectable Warning Surfaces (Inset) 101+ SF I $ 35.26 133 (Detectable Warning Surfaces (Screwdown Retro-Fit) 1-50 SF $ 38.28 126 of 260 ATTACHMENT 4 134 Detectable Warning Surfaces (Screwdown Retro-Fit) 135 Detectable Warning Surfaces (Screwdown Retro-Fit) 136 Sodding (Bahia) 137 Sodding (Bahia) 138 Sodding (Bahia) 139 Sodding (Floratem) 140 Sodding (Ficratem) 141 §adding (Floratam) 142 Loop Assembly, F&I - Type B Pavement Markings 143 Install Sign (single post) 144 Install Sign (single post) 145 Install Sign (single post) 146 Install Sign (mufti -post) 147 install Sign (mufti -post) 148 install Sign (multi- post) 149 Reflective Pavement Markers (RPM's) 150 Reflective Pavement Markings (RPM's) 151 Reflective Pavement Markers (RPM's) 152 611 Solid Traffic Stripe (paint) (white) 153 6" Solid Traffic Stripe (paint) (white) 154 e" Solid Traffic Stripe (paint) (white) 155 6° Solid Traffic Stripe (paint) (yelkw4 156 6" Solid Traffic Stripe (paint) (yellow) i57 16" Solid Traffic Stripe (paint) (yellow) 158 112" Solid Traffic Stripe (paint) 159 12" Solid Traffic Stripe (paint) 160 112" Solid Traffic Stripe (paint) 161 118" Solid Traffic Stripe (paint) 162 118" Solid Traffic Stripe (paint) 163 18" Solid Traffic Stripe (paint) 164 124" Solid Traffic Stripe (paint) 165 124" Solid Traffic Stripe (paint) 168 iN" Solid Traiftc Stripe (paint) 167 18" Skip Traffic Stripe (paint) 168 16" Skip Traffic Stripe (paint) 169 Skip Traffic Stripe (paint) 170 I Dotted Guide fines (paint) 171 16" Dotted Guide Lines (paint) 172 16" Dotted Guide Lines (paint) 173 (Directional Arrows (Paint) 174 IDlrectional Arrows (Paint) 175 (Directional Arrows (Paint) 178 [PPavement Messages (Paint) 177 avement Messages (Paint) 178 I Pavement Messages (Paint) 179 18" Solid Traffic Stripe (Paint) 51-100 SF $ 3828 101+ SF $ 38.28 1-200 SY $ 9.90 201-500 SY $ 8.80 501+ SY $ 5.50 1-200 SY $ 12.10 201-500 SY Is 11.00 501+ SY $ 7.70 1 AS $ 6,720.00 1-5 EA $ 759.00 6-15 EA $ 695.75 16-30+ EA $ 670.45 1-5 EA $ 1,518.00 6-15 EA $ 1,391.50 16-30+ EA $ 1,239.70 1-20 i EA $ 10.35 21-60 EA I $ 6.90 81-100+ I EA I $ 5.75 1-200 LF I $ 1.84 201-500 LF $ 1.38 501-1000+ LF $ 0.81 1-200 LF $ 1.84 201-500 LF $ 1.38 501-1000+ I LF $ 0.81 1-26 I LF i $ 5.75 26-50 I LF $ 5.18 51-100+ LF I $ 4.60 1-25 LF I $ 5.98 26-50 LF $ 5.18 51-100+ LF $ 4.83 1-25 LF $ 11.50 26-50 i LF $ 10.35 51-100+ LF I $ 9.20 1-200 I LF I $ 2.88 201-500 I LF I $ 2.30 501-1000+ I LF I $ 1.73 1-50 i LF I $ 2.88 51-100 LF I $ 2.30 101-150+ LF I $ 1.73 1-10 EA $ 48.00 11-50 I EA $ 34.50 51+ I EA $ 28.76 1-10 I EA $ 69.00 11-50 I EA $ 57.50 51+ i EA I $ 40.25 1-200 I LF i $ 3.45 127 of 260 ATTACHMENT 4 180 181 182 183 184 185 186 187 18B 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 1 205 206 207 208 209 210 211 212 213 214 8" Solid Traffic Stripe (Paint) 8" Solid Traffic Stripe (Paint) 6" Solid Stripe/Extra. Thermo (white) 6" Solid Stripe/Extra. Thermo (white) 6" Solid Stripe/Extru. Thermo (white) 6" Solid Stripe/Extra. Thermo (yellow) 6" Solid Stripe/Extru. Thermo (yellow) 6" Solid Stripe/Extra. Thermo (yellow) 12" Solid Traffic Stripe/Extru. Thermo 12" Solid Traffic Stripe/Extru. Thermo 12" Solid Traffic Stripe/Extra. Thermo 18" Solid Traffic Stripe/Extra. Thermo 18" Solid Traffic Stripe/Extra. Thermo 18" Solid Traffic Stripe/Extru, Thermo 24" Solid Traffic Stripe/Extru, Thermo 24" Solid Traffic Stripe/Exfru. Thermo 24" Solid Traffic Stripe/Extra. Thermo 6" Skip Traffic Stripe/Extru, Thermo 6" Skip Traffic Stripe/Extra. Thermo 6" Skip Traffic Stripe/Extra. Thermo 6" Dotted Guide Llnes/Extru. Thermo 6" Dotted Guide Lines/Extra. Thermo. 6" Dotted Guide Lines/Extra. Thermo. Directional Arrows I Extru. Thermo, Preformed Symbol Pavement Messages / Extru. Thermo. 8" Solid Traffic Stripe I Extru. Thermo 8" Solid Traffic Stripe / Extru. Thermo 8" Solid Traffic Stripe / Extru. Thermo Remove Ex. Pavement Markings(paint) Remove Ex. Pavement Markings(paint) Remove Ex. Pavement Markings(paint) Rem. Ex. Pavement Markings(thermo) Rem. Ex. Pavement Markings(thermo) Rem. Ex, Pavement Markings(therrno) 201-500 LF ' $ 2.30 501-1000+ LF $ 1.73 1-200 LF $ 3.34 201-500 LF $ 2.88 501-1000+ LF $ 2.30 1-200 LF $ 3.34 201-500 LF $ 2.88 501-1000+ LF $ 2.30 1-25 LF $ 8.05 26-50 LF $ 6.90 51-100+ LF $ 5.75 1-25 LF $ 8.63 26-50 LF $ 7.48 51-100+ LF $ 6.331 i 25 LF $ 16.101 2MO LF $ 13.801 51-100+ LF $ 11.501 1-200 LF $ 2.88I 1 201-500 LF $ 2.59 501-1000+ LF $ 2.30 1-50 LF $ 2.88 51-100 1 LF $ 2.59 101-150+ j LF $ 2.30 1 EA $ 86.25 1 EA $ 345.00 1 EA $ 207.00 1-200 LF $ 4.03 201-500 LF $ 2.881 501-1000+ LF $ 2.30I 1-100 SF $ 3.45 101-300 SF $ 2,88 i 301-500+ SF $ 2.59I 1-100 SF $ 4.60I 101-300 SF $ 4.31 301-500+ I SF $ 4.03 TOTAL BID AMOUNT OF ITEMS 5 M 214 ABOVE $122,409.03 Unit of 1 Item IDescription I Estimated4uantlty i Measure Unit Pnce I SHOT -IN -PLACE (With Virgin Top Course) Asphalt Recycling 215 Asphalt Recycling 216 Asphalt Recycling 217 Asphalt Recycling 218 Recycling Agent 219 Recycling Agent 220 Recycling Agent HOT -IN -PLACE (100%) Asphalt Recycling 221 Base Course HIPR 1 - 10,000 SY NB 1 10,001 - 50,000 SY NB 50,001+ SY NB I 1 - 10,000 GAL NB 10,001 - 50,000 GAL NS 50,001+ GAL NB 1 - 10,000 SY I NB 128 of 260 ATTACHMENT 4 222 Base Course HIPR 10,001 - 50,000 SY NB 223 Base Course HIPR 50,001+ SY NB 224 2" Complete HIPR 1 - 10,000 SY NB 225 2" Complete HIPR 10,001 - 50,000 SY NB 226 2" Complete HIPR 50,001+ SY NB 227 Asphalt Recycling Agent 1 - 10,000 SY NS 228 Asphalt Recycling Agent 10.001 - 50,000 SY NB 229 Asphalt Recycling Agent 50,001+ SY NB TOTAL BID AMOUNT OF ITEMS 215 to 229 ABOVE $ - Item I EstimatedQuari ty Unit of IDescription Unit Price Measure Specialty Paving Methods 1 Mobilization 1 % 5% 2 Night Work Mobilization i % 10% 3 Maintenance of Traffic 1 % 5%9 4 Maintenance of Traffic Nightwork 1 % 10% S-1 lout Fill I Scratch Course (Micro) 1-50 TN $ 355.00 8-2 Rut Fill / Scratch Course (Micro) 51-100 TN S 305.00 S-3 Rot Fill / Scratch Course (Micro) 101+ TN $ 260.00 S-4 Single Micro Surface 20-24 Ibs 1-10,000 SY $ 4.40 S-5 Single Micro Surface 20-24 Ibs 10,001 - 50,000 SY $ 3.65 S-6 Single Micro Surface 20-24 Ibs 50,001+ SY $ 3.05 8-7 Double Micro Surface 30-34 lbs 1-10,000 SY $ 5.75 S-8 Double Micro Surface 30-34 Ibs 10,001 - 50,000 SY $ 4.95 S-g Double Micro Surface 30-34 Ibs 50,001+ SY $ 4,65 TOTAL BID AMOUNT OF ITEMS S-1 to S-9 ABOVE $ 946.45 ItemDescription Estimated Quantity I Unit of Measure Unit 1 Mobilization 1 % 5% 2 Night Work Mobflizalion 1 % 10% 3 Maintenance of Traffic 1 % 5% 4 Maintenance of Traffic Nightwork 1 % 10% S-10 Single Chip Seal 489 Granite 1-10,000 SY $ 5.55 S-11 Single Chip Seal -#89 Granite 10,001 - 50,000 SY $ 3,30 S-12 Single Chip Seal 489 Granite 50,001+ SY $ 3.05 S-13 Double Chip Seal -#57 w #89 Granite 1-10,000 SY $ 6.75 S-14 Double Chip Seal -#57 w #89 Granite 10,001 - 50,000 SY $ 5.10 S-15 Double Chip Seal -#57 w #89 Granite 50,001+ SY $ 4.65 TOTAL BID AMOUNT OF ITEMS S-10 to S-15 ABOVE $ 28.40 Item Description I EstimatedQuantity Unit of Iunit Price I Measure I 1 Mobilization 1 % 5% 2 Night Work Mobilization 1 % 10% 3 Maintenance of Traffic 1 % 5% 4 Maintenance of Traffic Nightwork 1 % 10%I S-16 Full Depth Reclamation /6"-9" 1-10,000 SY $ 13.25 &17 Full Depth Reclamation 16"-9" 10,OD1 - 50,000 SY $ 7.65 S-18 Full Depth Reclamation 16"-9" 50,001+ SY $ 7.1D 129 of 260 ATTACHMENT 4 S-19 Full Depth Reclamation 9"-12" S-20 Full Depth Reclamation 9"-12" S-21 Full Depth Reclamation 9"-12" S-22 Cement for Reclamation S-23 Emulsion for Reclamation S-24 Reclaimed Asphalt Paving (RAP) S-25 Reclaimed Asphalt Pauing (RAP) S-26 Reclaimed Asphalt Paving (RAP) Item Description 1 Mobilization 2 Night Work Mobilization 3 Maintenance of Traffic 4 Maintenance of Traffic Nightwork S-27 Fog Seal S-28 Fog Seal S-29 Fog Seal Item Description 1 Mobilization 2 Night Work Mobilization 3 Maintenance of Traffic 4 Maintenance of Traffic Nightwork S-30 Cape Seal S-31 Cape Seal S-32 Cape Seal Item Description 1 Mobilization 2 Night Work Mobilization 3 Maintenance of Traffic 4 Maintenance of Traffic Nightwork S-33 In -Place Recycling-Reconstrction S-34 In-Piaca Recycling-Reconstrction S-35 In -Place Recycling-Reconstrction Item Description 1 Mobilization 2 Night Work Mobilization 3 Maintenance of Traffic 4 Maintenance of Traffic Nightwork S-36 Crack Filling/Sealing S-37 Crack Filling/Sealing S-38 Crack Filling/Sealing 1-10,000 SY $ 13-75 10,001 - 50,000 SY $ 8.25 50,001+ SY $ 7.90 1 TN $ 190.00 1 Gal $ 2.85 1-10,000 SY $ 18.00 10,001 - 50,000 SY $ 15.00 50,001+ SY $ 13.00 TOTAL BID AMOUNT OF ITEMS S-16 to S-26 ABOVE $ 296.75 EstimatedQuantity Unit of Unit Price Measure 1 % 5% 1 % 10% 1 % 5% 1 % 10% 1- 10,000 SY $ 1.10 10,001- 50,000 SY $ 0.85 50,000+ SY $ 0.80 TOTAL BID AMOUNT OF ITEMS S-27 to S-29 ABOVE $ 2.75 EstimatedQuantity Unit of J Unit Price Measure + 1 % 5% j % 10% 1 % 5% 1 % 10% 1- 10,000 SY $ 11.30 10,001- 50,000 SY $ 8.25 50,000+ SY $ 7.70 TOTAL BID AMOUNT OF ITEMS S-30 to S-32 ABOVE $ 27.25 Unit of #Unit EstimatedQuantity Measure Price 1 % 5% 1 % 10% 1 % 5% 1 % 10% 1- 10,000 SY $ 24.55 10,001- 50,000 SY $ 20.70 50,000+ SY $ 19.50 TOTAL BID AMOUNT OF ITEMS S-33 to S-35 ABOVE $ 64.75 EstimatedQuantity Unit of Unit price Measure 1 % 5%b 1 % 10% 1 % 5% 1 % 10% 1-500 GAL $ 35.00 501 - 1000 GAL $ 33.00 1,001+ GAL $ 30.00 130 of 260 ATTACHMENT 4 TOTAL BID AMOUNT OF ]ITEMS S-36 to S-38 ABOVEI $- 9$.00 Item Description EstimatedQuantity Unit of i Measure UnIt Price 1 Mobilization 1 % NBI 2 Night Work Mobilization 1 % NB 3 Maintenance of Traffic 1 % N131 4 Maintenance of Traffic Nightwork 1 % NBI 5-39 Asphalt Rejuvenator 1-50,000 SY NBl I S-40 Asphalt Rejuvenator 50,001 - 100,000 SY NBI I S-41 Asphalt Rejuvenator 100,001+ SY NBI TOTAL BID AMOUNT OF ITEMS S-39 to S41 ABOVE $ - Korn Description EstirnatedQuantity M allure t of Unit Price 1 Mobiliza#ion 1 % NBi 2 Night Work Mobilization 1 % NBI 3 Maintenance of Traffic 1 % NBI 4 Maintenance of Traffic Nightwork i 1 % NBI S-42 Speed Hump W/ Curbing 1-50 FT NB S-43 Speed Hump W/ Curbing I 51-100 I FT N8 S-44 Speed Hump W1 Curbing 101+ I FT NB 5-45 Speed Hump No Curbing 1-50 FT NB s-46 Speed Hump No Curbing 51-100 FT N6 S47 Speed Hump No Curbing 101+ FT NB TOTAL BID AMOUNT OF ITEMS S42 to S47 ABOVEI $ - Item Description I EstimatiedQuantity Unit ofMeasure Unit Price I 1 Mobilization I 1 % 5% 2 Night Work Mobilization 1 % 10% 3 Maintenance of Traffic 1 % 5% 4 Maintenance of Traffic Nightwork 1 j % 10% S_48 Slurry Seal 1-10,000 I SY $ 6.00 S-49 Slurry Seal 10,001 - 50,000 SY $ 5.10 S-60 Slurry Seal 50,001+ I SY $ 4.65 I TOTAL BID AMOUNT OF ITEMS S48 to S-50 ABOVE $ 15.751 "Quantities are not guaranteed. Finaf payment will be based on actual quantities. NAME OF CONTRACTOR: —Asphalt Paving Systems, Inc._ 131 of 260 crm Cf 5EELASTL4kN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Menda Item Title: City Council Approval of the provided Road Rehabilitation Plans 2022-2028 and Authorize City Manager to execute the appropriate documents for construction work for fiscal years 2022 and 2023 Recommendation: Staff Recommends Approval of the Road Rehabilitation Plans for FY 2022- 2028 and authorize the City Manager to execute the appropriate documents for the road work planned in fiscal years 2022 and 2023. Background: As it is industry standard to review road pavement conditions approximately every three to four years and adjust rehabilitation plans, Council approved a "piggyback" contract in 2022 with Pavement Management Group (PMG) to reassess the City's roads. After their Pavement Assessment report was completed, PMG revised the previous six year rehabilitation plan to create a new seven year pavement rehabilitation plan from 2022-2028 for the City of Sebastian. City staff coordinated with PMG to ensure the rehabilitation plan focused on including all roads considered fair or below. The plan focused not only on reconstruction and repaving of older streets but also included preservation work to prolong the life of higher quality roadways. It is less expensive to provide rejuvenation/preservation efforts such as cape sealing and micro surfacing for roadways rather than dealing with reconstruction efforts, as it will defer necessary reconstruction efforts which are more costly. It is in the City's best interest to place investments into good and very good quality roadways to ensure that their service life is extended at a reduced cost. However, some of the streets and areas originally included in the PMG plan have been removed due to upcoming project work. Staff is requesting Council approval for the proposed rehabilitation plans for fiscal years 2022-2028, as shown in the attachments. City Staff is also requesting approval to move forward with construction of the 2022 and 2023 years within this fiscal year at this time. The City has obtained quotes from Asphalt Paving Systems and Ranger Construction Industries according to their revised pricing. Ranger did not provide quotes for the preservation work as they do not provide those services. Comparing the reconstruction work for these two years between APS and Ranger, it is in the best interest of the City to move forward with all reconstruction and preservation work with Asphalt Paving Systems, Inc. All quotes will need to be field verified If Ap-enda Item Requires Exoenditure of Funds: Budgeted Amount: $1,250,000 ARPA and $984,158 Local Option Gas Taxes Total Cost: Reconstruction Work 2022-2023, $1,194,418.18 Preservation Work 2022-2023, $707,327.78 Funds Utilized for Appropriation: American Rescue Plan Act (ARPA) and Local Option Gas Taxes. Attachments: 1. Proposed Pavement Rehabilitation Plans 2022-2028 2. Yearly Price Comparisons 3. Asphalt Paving Systems Quotes 2022 & 2023 4. Ranger Construction Industries Quotes 2022 & 2023 Administrative Services Department Review: [ —I City Attorney Review: 6�L VIR s Procurement Division Review, if applicable: . City Mana er uthorization: Date: 7/A0o ad;0 r 1 Z 7 - r 260 YEARLY PRICE COMPARISONS RECONSTRUCTION WORK: 2" Mill and Overlay PRESERVATION WORK: Cape Seal & Micro Surfacing COMPANY YEAR TYPE OF WORK COST TOTAL RECONSTRUCTION WORK APS 2022 Reconstruction $707,116.70 2022 $707,116.70 Ranger 2022 Reconstruction $731,379.88 2023 $487,301.48 APS 2022 Preservation $322,777,18 Ranger 2022 Preservation NA RECONSTRUCTION TOTALS $1,194,418.18 COMPANY YEAR TYPE OF WORK COST TOTAL PRESERVATION WORK APS 2023 Reconstruction $487,301.48 2022 $322,777.18 Ranger 2023 Reconstruction $559,584.40 2023 $384,550.60 APS 2023 Preservation $384,550.60 PRESERVATION TOTALS Ranger 2023 Preservation NA $707,327.78 LEGEND Highlight indicates best price option for 149 of 260 ---- i AV/NG �� YSTENlS a TO: City of Sebastian- Public Works 1225 Main St Sebastian, FL 32958 772-228-7013 RE: Project proposal 2022 Milling and Resurfacing Product Description City of Sebastian RFP 19-03 327-1 Milling of Existing Asphalt (2" +/-) 331-1 5P 12.5 Asphaltic Concrete 710-4 24" Solid Traffic Stripe (Paint) 711.4 24" Solid Stripe/ Extru. Thermo. 710.1 6" Solid Traffic Stripe (Paint) 711.1 6" Solid Stripe/ Extru. Thermo. "Quantities provided by City- need to be field verified I Respectfully Submitted, Asphalt Paving Systems, Inc. Zephyrhills, Florida c: 813-480-1865 e: k.shaneaps@gmail.com DATE: 7/17/2023 FROM: Asphalt Paving Systems, Inc. Kris Shane -East Coast Florida Rep 9021 Wire Road Zephyrhills, FL 33540 Ph: 813-480-1865 Units Quantity Unit Price Total Price SY 28,111.00 $ 4.42 $ 124,250,62 TN 3,100.00 S 174.98 $ 542,438.00 LF 200.00 $ 16.50 $ 3,300.00 LF 200.00 $ 10.45 $ 2,090.00 LF 14,784.00 $ 0.72 $ 10,644.48 LF 14,784.00 $ 1.65 $ 24,393.60 Accepted By: Signature: Date: Total $ 707,116.70 ' Proposal valid for 30 days. Page 1 of 2 150 of 260 KS PRO P#631—IN -- Sebastian 2022-Var Rds-$700K--7-17-23.xis Micro Surfacing and Cape Seal Project Street list I ITEM I STREETNAN; r I FROM -I TO I LENGTH L WIDTH I TOTAL UNITS COMMENT$ Caprona St S Easy St Englar Dr 5,888,89 2650 201 Schumann Dr Marsh St 777,78 Dahl Ave 350 201 _ Empress Ave 20 4,222.22 Capra St DE 1900 nit Schumann Or Capri Ave 1,733.33 650 241 Englar Dr Ormond Ct Caprona :it Empress Ave 1100 20 2,444.44 S Easy St Schumann Or DE to City Limits 1400 24 3,733.33 Spring Valley Ave VC SU,k,i c'; Ld-d6VXI U DR J,_ s, tr, ur .y.aary St 1350 20 3,000.00 Thunderbird Dr 3,111.11 Schumann Dr DE 14DO 20 Beach Ln 1200 24 3,200.00 Schumann Or Englar Or 12,000.00 28,111 �� _�Y3TEMS Asphalt Paving Systems, Inc. Kris Shane -South Florida Rep Zephyrhills, FL 33540 Ph:813-480-1865 151 of 260 Page 2 of 2 I�SPHALT LFAV/NG a YSTEM,S TO: City of Sebastian- Public Works 1225 Main St Sebastian, FL 32958 772-228-7013 RE: Project proposal 20Z2 Micro Surfacing and Cape Seal Product Description City of Sebastian RFP 19-03 APM-002 Double Micro Surface 30-34lbs APM-003 Single Chip Seal t#89 Granite APT-001 Crack Filling/Sealing 'Mastic Patch" 710-4 24" Solid Traffic Stripe (Paint) 711-4 24" Solid Stripe/ Extru. Thermo. 710-2 12" Solid Traffic Stripe (Paint) 711-2 12" Solid Stripe/ Extru. Thermo. 711-10 Remove Existing Pavement Markings Respectfully Submitted, Asphalt Paving Systems, Inc. Zephyrhills, Florida c: 613-480-1865 e: k.shaneaps@gmail.com DATE: 7/19/2023 FROM: Asphalt Paving Systems, Inc. Kris Shane -East Coast Florida Rep 9021 Wire Road Zephyrhills, FL 33540 Ph:813-480-1865 Units Quantity Unit Price Total Price SY 37,680.00 $ 5.88 $ 221,558.40 SY 20,934.00 $ 3.42 $ 71,594.28 GAL 500.00 $ 30.00 $ 15,00(1.00 LF 160.00 $ 16.50 $ 2,640.00 LF 160.00 $ 10.45 $ 1,672.00 LF 250.00 $ 8.25 $ 2,062.50 LF 250.00 $ 11.00 $ 2,750.00 SF 2,500.00 $ 2.20 $ 5,500.00 Accepted By: Signature: Date: Total $ 322,777.18 Proposal valid for 30 days. Page 1 of 2 152 of 260 KS PROPH635 --IN -- Sebastian-2022-Micro-Cape Seal -Var Rds- $322K--7-19.23.xis i2022 Preservation Project Street list I FTEM I STREETNAME I FROM I TO I LENGTH I WIDTH I TOTALUNrTS COMMENTS ADMIRALCIR SCHUMANN DR FLINTST 375 201 833.33 CAPESEAL ADMIRALCIR FLINTST SCHUMANN DR 375 201 833.33 CAPESEAL ADMIRAL CIR FLINTST FLINT ST 1,325 201 2,944.44 CAPE SEAL AETNA ST SCHUMANN DR OSCEOLA AVE 1,065 20 2,366.67 CAPE SEAL CAPRI AV CAPRONAST SCHUMANN DR 1,180 20I 2,622.22 CAPE SEAL CAPRI AV SCHUMANN DR SCHUMANN DR 975 201 2,166.67 CAPE SEAL DAHL AV MARSH ST EMPRESS AVE 1,120 20 2,488.89 CAPE SEAL FLINTST ADMIRALCIR ADMIRALCIR 785 20N 1,744.44 CAPESEAL MARSH ST DAHL AVE EMPRESS AVE 865 200 1,922.22 CAPE SEAL OSCEOLA AV DEAD END AETNA ST 590 20 1,311.11 CAPE SEAL OSCEOLA AV AETNA ST SCHUMANN DR 345 2C� 766.67 CAPE SEAL SCHUMANN DR THUNDERBIRD DR EASY ST 1,650 2k 4,400.00 DOUBLE MICR05URFACE SCHUMANN DR ADMIRALCIR CAPRI AVE 460 24 1,226.67 DOUBLE MICROSURFACE SCHUMANN DR EASY ST EMPRESSAVE 875 24 2,333.33 DOUBLE MICROSURFACE SCHUMANN DR; CAPRI AVE ENGLAR DR 365 24 973.33 DOUBLE MICROSURFACE SCHUMANN OR PELICAN ISLAND PL DAY DR 580 24 1,546.67 DOUBLE MICROSURFACE SCHUMANN DR EMPRESS AVE AETNA ST 405 24 1,080.00 DOUBLE MICROSURFACE SCHUMANN DR BARBER ST PELICAN ISLAND PL 1,160 24 3,093.33 DOUBLE MICROSURFACE SCHUMANN DR AETNA ST ADMIRALCIR 785 24 2,093.33 DOUBLE MICROSURFACE GEORGE ST BENEDICTINE TER BAYHARBOR TER 420 20 933.33 CAPE SEAL ' J j I I ]5,700-00 37,680 Q QV/NG Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhiils, FL 33540 Pin: 813-480-1865 153 of 260 Page 2 of 2 -- ,'�ISPHALT :. a iz/NG YS7EMS TO: City of Sebastian- Public Works 1225 Main St Sebastian, FL 32958 772-228-7013 RE: Project proposal 2023 Milling and Resurfacing Product Description City of Sebastian RFP 19-03 327-1 Milling of Existing Asphalt (2" +/ ) 331-1 SP 12.5 Asphaltic Concrete 710-4 24" Solid Traffic Stripe (Paint) 711-4 24" Solid Stripe/ Extru. Thermo. "Quantities provided by City- need to he field verified I Respectfully Submitted, �'I'uknez 'w >0"%.,e. Asphalt OAPaving Systems, Inc. Zephyrhills, Florida c: 813-480-1865 e: k.shaneaps@gmail.com DATE: 7/17/2023 FROM: Asphalt Paving Systems, Inc. Kris Shane -East Coast Florida Rep 9021 Wire Road Zephyrhills, FL 33540 Ph: 813-480-1865 Units Quantity Unit Price Total Price SY 20,444.00 $ 4.42 $ 90,362.48 TN 2,250.00 $ 174.98 $ 393,705.00 LF 120.00 $ 16.50 $ 1,980.00 LF 120.00 $ 10.45 $ 1,254.00 Accepted By: Signature: Date: Total $ 487,301.48 Proposal vaM for 30 days. Page 1 of 2 154 of 260 KS PROP#630 --IN — Sebastian 2023-Var Rds- $484K--7-17-23.xls I ITEM I STREET NAME r � FROM Micro Surfacing, and Cape Seal Project Street list ^ .I... - TO •• LErQGTH I WIDTH TorAL ONUS Davis St Davis St Faith Ter Jefferson St USl U51 S 4ltmbrow Dr N Central Ave DE Indian River Dr Del Monte Rd U51 350 I 1000 )r 1960 150 20 77738 2,222.22 4,355.56 533.33 2,000.00 2,777.78 7,777.78 20,444 l` _ l r 20 20 32` Lousiana Ave N Central Ave Sebastian Blvd DE 1000 JUS1 DE to City Limits 1250 18I 20 2500 28 8,210,00 ---.�—S►PHLiLT 3.4 ti/1/VG YSTEM3 Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhilts, FL 33540 Ph:813-480-1865 9QKWNT§ Page 2 of 2 155 of 260 � .-�1SIaHALT ; WIMG YST.EMS I� TO: City of Sebastian- Public Works 1225 Main St Sebastian, FL 32958 772-228-7013 RE: Project proposal 2023 Cape Seal Product Description City of Sebastian RFP 19-03 APM-002 Double Micro Surface 30-34lbs APM-003 Single Chip Seal #89 Granite APT-001 Crack Filling/Sealing "Mastic Patching" 710-4 24" Solid Traffic Stripe (Paint) 711-4 24" Solid Stripe/ Extru. Thermo. 710-2 12" Solid Traffic Stripe (Paint) 711-2 12" Solid Stripe/ Extru. Thermo. 711-10 Remove Existing Pavement Markings Respectfully Submitted, Asphalt Paving Systems, Inc. Zephyrhills, Florida c: 813-480-1865 e: k.shaneaps@gmaii.com DATE: 7/19/2023 FROM: Asphalt Paving Systems, Inc. Kris Shane -East Coast Florida Rep 9021 Wire Road Zephyrhills, FL 33540 Ph: 813-480-1865 Units Quantity Unit Price Total Price 5Y 34,467.00 $ 5.88 $ 202,665.96 SY 34,467.00 $ 3.42 $ 117,877.14 GAL 500.00 $ 30.00 $ 15,000.00 LF 100.00 $ 16.50 $ 1,650.00 LF 100.00 $ 10.45 $ 1,045.00 LF 250.00 $ 8.25 $ 2,062,50 LF 250.00 $ 11.00 $ 2,750.00 SF 2,500.00 $ 2.20 $ 5,500.00 Accepted By: Signature: Dale: Total $ 348,550.60 Proposal vand for 30 clays. Page 1 of 2 156 of 260 KS PROP4634 --IN — Sebastian-2023-Micro-Cape Seal -Var Rds- $348K--7-19-23.x1s 2023 Preservation Project Street list I ITEM I STREErNAME I FROM I TO I LENGTH I WIDTH I TOTALUNITS COMMENTS DEL MONTE RD S EASY ST ASPEN ST 1,400 20 3,111.11 CAPE SEAL DEL MONTE RD 5 WIMBROW DR BALBOA ST 350 201 777.7E CAPE SEAL DEL MONTE RD FAITH TER 5 EASY ST 355 201 788,89 CAPE SEAL DEL MONTE RD HARP TER FAITH TER 425 201 944.44 CAPE SEAL DEL MONTE RD KEEN TER HARP TER 335 201 744,44 CAPE SEAL DEL MONTE RD BALBOA ST DEAD END 230 201 511.11 CAPE SEAL DEL MONTE RD ASPEN ST S WIMBROW DR 1,020 201 2,266.67 CAPE SEAL DEL MONTE RD 5 WIMBROW DR KEEN TER 860 201 1,911,11 CAPE SEAL 5 WIMBROW DR COLUMBIAAVE AZINETER 780 241 2,080.00 CAPE SEAL 5 WIMBROW DR GEORGIA BLVD SEBASTIAN BLVD 680 201 1,511.11 CAPE SEAL 5 WIMBROW DR DOCK AVE DICKENS AVE 420 241 1,120.00 CAPE SEAL 5 WIMBROW DR 5 EASY ST BALBOA ST 1,230 241 3,280.00 CAPE SEAL 5 WIMBROW DR DEL MONTE RD KEEN TER 1,210 241 3,226.67 CAPE SEAL 5 WIMBROW DR PITTS PL RIO PL 675 241 1,800.00 CAPE SEAL 5 WIMBROW DR DICKENS AVE DEL MONTE RD 345 241 920.00 CAPE SEAL 5 WIMBROW DR FAITH TER S EASY ST 360 241 960.00 CAPE SEAL S WIMBROW DR BALBOA ST PITT5 PL 475 241 1,266.67 CAPE SEAL 5 WIMBROW DR AZINE TER GEORGIA BLVD 345 241 920.00 :APE SEAL 5 WIMBROW DR KEEN TER HARP TER 345 241 920.00 :APE SEAL 5 WIMBROW DR SEBASTIAN BLVD SEBASTIAN BLVD 450 261 1,300.00 :APE SEAL 5 WIMBROW DR DELAWARE AVE COLUMBIA AVE 540 241 906,67 :APE SEAL S WIMBROW DR RIO PL DOCK AVE 340 241 906.67 CAPE SEAL 5 WIMBROW DR HARP TER FAITH TER 400 241 1,066.67 CAPE SEAL 5 WIMBROW DR DEL MONTE RD DELAWAREAVE 460 24 1,226.67 CAPE SEAL 113,830.00 34,467 .' SPNALT 'aW11VAU 3 y,%7- Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813-480-1865 Page 2 of 2 157 of 260 GRI� RanRqConstrn PROPOSAL / CONTRACT AGREEMENT Ranger Construction Industries, Inc Central Division Offices 1200 Elboc way 4510 Glades Cut Off Rd i 7410 NW Gainesville Rd Winter Garden, FL 34787 Fort Pierce, FL 34981 Ocala, FL 34475 (407) 656-9255 (772) 464.6460 (954) 275-4513 Contact: Steve Skubal Email: steve.skubal@rangerconstruction.com Quote To: City of Sebastian Address: 1225 Main Street Sebastian, FL 32958 Phone No: (772) 228-7056 Contact: Karen Miller E-Mail Address: kmiller@cityofsebastian.org Client # Description CAPRONA ST: ORMOND CT to CAPRI AVE CAPRONA ST: CAPRI AVE to ENGLAR DR CAPRONA ST: EMPRESS AVE to ORMOND CT CAPRONA ST: EMPRESS AVE to ORMOND CT DAHL AV: SCHUMANN DR to MARSH ST EMPRESS AV: ORMOND CT to SCHUMANN DR EMPRESS AV: SCHUMANN DR to MARSH ST EMPRESS AV : MARSH ST to DAHL AVE EMPRESS AV: CAPRONA ST to ORMOND CT EMPRESS AV: DAHL AVE to DEAD END ENGLAR DR: SCHUMANN DR to CAPRI AVE ORMOND CT: EMPRESS AVE to CAPRONA ST S EASY ST: DAISY LN to SCHUMANN DR S EASY ST. MAGGIE WAY to DAISY LN S EASY ST: CAPRONA ST to MAGGIE WAY S EASY ST: CITY LIMITS to CAPRONA ST SPRING VALLEY AV: DEAD END to CRAWFORD DR SPRING VALLEY AV: MABRY ST to DEAD END THUNDERBIRD DR: DEAD END to SCHUMANN DR SCHUMANN DR: ENGLAR DR to KILDARE OR SCHUMANN DR: KILDARE DR to BEACH LN Proposal # 230724-1 Bid Date; 07/14/2023 Project Name: 2022 Pavement Rehabilitation Project Number: Addendum: Quantity Unit Unit Price Fact Price 18,020.000 SF $ 3.08 $55,501.60 5,720.000 SF $ 3.08 $17.617.60 16,540.000 SF $ 3.08 $50,943.20 12,400.000 SF $ 3.08 $38,192.00 6,440.000 SF $ 3.08 $19,835.20 12,711.000 SF $ 3.08 $39,149.88 6,520.000 SF $ 3.08 $20,081,60 5,980.000 SF $ 3.08 $18,418.40 8,388.000 SF $ 3.08 $25,835.04 1,740.000 SF $ 3.08 $5,359.20 14,007.000 SF $ 3.08 $43,141.56 21,160.000 SF $ 3.08 $65,172.80 10,656.000 SF $ 3.08 $32,820.48 7,584.000 SF $ 3.08 $23,358.72 8,426,000 SF $ 3.08 $25,952.08 5,040.000 SF $ 3.08 $15,523.20 23,080.000 SF $ 3.08 $71,086.40 2,820.000 SF $ 3.08 $8,685.60 24,354,000 SF $ 3.08 $75,010.32 16,100.000 SF $ 3.08 $49,588.00 9,775.000 SF $ 3.08 $30,107.00 Grand Total: $731,379.88 MILL & OVERLAY + THERMOPLASTIC STRIPING ONLY FOR 2022 REHAB PLAN General Conditions: 1. Ranger's proposal including all notes, terms and conditions mentioned here -in must be signed where stated. Should the Owner or Contractor require a form other than Ranger's Contract Agreement, Ranger's full proposal must be referenced as an attachment in the contract and must be signed by an authorized representative of both companies. 2. Pricing based upon all work for the streets listed above to be performed under 1 purchase 1 work order 3. This proposal was based upon Rangers work to be completed by 12/31/2023 regardless of any delays. Should the project fail to be completed by that date, Ranger reserves the right to renegotiate an adjustment to the prices quoted. Page 1 of 2 158 of 260 230724-1 Signature Sheet Note: This proposal may be withdrawn by Ranger Construction industries, Inc. if not signed and received in our offices within 30 days of date of quote. Submitted By: f Date: 07/19/2023 l/ eve k�fa PLEASE SIGN AND RETURN UPON ACCEPTANCE • The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the work specified. • Payment will be made within 10 days of completion and monthly progress payments will be made by the 10t' of the month for work performed the previous month. • In the event that the amount herein shown is not paid when due, interest at the prime rate plus 10% per annum shall accumulate on the total due. • All costs of collection shall be paid by the customer, including reasonable attorney fees. Accepted by Client Authorized Signature: Date Signed: Title: Accepted by Ranger Construction Industries, Inc. Upon execution of this proposal by Ranger Construction Industries, Inc's, authorized agent below, this document becomes a contract. Authorized Signature: Date Signed: Title: Page 2 of 2 159 of 260 I, Ranger R1311 Construction Contact: Steve Skubal PROPOSAL / CONTRACT AGREEMENT Ranger Construction Industries, Inc Central Division Offices 1200 Elboc Way 4510 Glades Cut Off Rd 7410 NW Gainesvlle Rd Winter Garden, FL 34787 Fort Pierce, FL 34981 Ocala, FL 34475 (407) 656-9255 (772) 464-6460 (954) 275,4513 Email: steve.skubal@rangerconstruction.com Proposal # 230724-2 Quote To: City of Sebastian Address: 1225 Main Street Sebastian, FL 32958 Phone No: (772) 228-7056 Contact: Karen Miller E-Mail Address: kmiller@cityofsebaslian.org Client # I Description DAVIS ST: US HWY 1 to N CNTRL AVE DAVIS ST: INDIAN RIVER DR to N CNTRL AVE DAVIS ST: DEAD END to US HWY 1 DAVIS ST: N CNTRL AVE to IR DR. FAITH TER: S WIMBROW DR to DEL MONTE RD JEFFERSON ST: N CENTRAL AVE to US HWY 1 LOUISIANA AV: TAFT ST to DEAD END LOUISIANA AV: SEBASTIAN BLVD to VET MEMORIAL WAY LOUISIANA AV. VET MEMORIAL WAY to TAFT ST N CENTRAL AV: DAVIS ST to MADISON ST N CENTRAL AV: JEFFERSON ST to DEAD END N CENTRAL AV: JACKSON ST to CITY LIMITS N CENTRAL AV: US HWY 1 to DAVIS ST N CENTRAL AV: MADISON ST to JACKSON ST N CENTRAL AV: MAIN ST to JEFFERSON ST Bid Date: 07/14/2023 Project Name: 2023 Pavement Rehabilitation Project Number: Addendum: Quantity I Unit I Unit Price I Ext Price 7,092.000 SF $ 3.28 $23,261.76 5,840.000 SF $ 3.28 $19,155.20 6,420.000 SF $ 3.28 $21,057,60 5,840.000 SF $ 3.28 $19,155.20 36,803.000 SF $ 3.28 $120,713.84 4,309.000 SF $ 3.28 $14,133.52 6,426.000 SF $ 3.28 $21,077.28 6,783.000 SF $ 3.28 $22,248.24 2,295.000 SF $ 3.28 $7,527,60 6,360.000 SF $ 3.28 $20,860.80 12,320.000 SF $ 3.28 $40,409.60 10,564.000 SF $ 3.28 $34,649.92 40,575.000 SF $ 3.28 $133,086.00 6,740.000 SF $ 3.28 $22,107.20 12,238.000 SF $ 3.28 $40,140.64 Grand Total: $559,584.40 MILL & OVERLAY + THERMOPLASTIC STRIPING ONLY FOR 2023 REHAB PLAN General Conditions: 1. Ranger's proposal including all notes, terms and conditions mentioned here -in must be signed where stated. Should the Owner or Contractor require a form other than Ranger's Contract Agreement, Ranger's full proposal must be referenced as an attachment in the contract and must be signed by an authorized representative of both companies. 2. Pricing based upon all work for the streets listed above to be performed under 1 purchase 1 work order 3. This proposal was based upon Rangers work to be completed by 12/31/2023 regardless of any delays. Should the project fail to be completed by that date, Ranger reserves the right to renegotiate an adjustment to the prices quoted. Page 1 of 2 160 of 260 2 Signature Sheet Note: This proposal may be withdrawn by Ranger Construction Industries, Inc. if not signed and received in our offices within 30 days of date of quote. Submitted By: Date: 07/19/2023 l/ eve k PLEASE SIGN AND RETURN UPON ACCEPTANCE • The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the work specified. • Payment will be made within 10 days of completion and monthly progress payments will be made by the 1001 of the month for work performed the previous month. • In the event that the amount herein shown is not paid when due, interest at the prime rate plus 10% per annum shall accumulate on the total due. • Ail costs of collection shall be paid by the customer, including reasonable attorney fees. Accepted by Client Authorized Signature: Date Signed: Title: Accepted by Ranger Construction Industries, Inc. Upon execution of this proposal by Ranger Construction Industries, Inc's, authorized agent below, this document becomes a contract. Authorized Signature: Date Signed: Title: Page 2 of 2 161 of 260 c�CM a .7'" k HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: FDEP FY 2023 Resilient Florida Program Grant #23PLN17 Recommendation: Approve FDEP 2023 Resilient Florida Grant Agreement #23PLN17 to conduct a comprehensive Vulnerability Assessment update pursuant to Section 380.093, FS and authorize the City Manager to execute appropriate documents. Background: The City of Sebastian (COS) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) update pursuant to Section 380.093, Florida Statutes (F.S.). The Florida Department of Environmental Protection (FDEP) approved the COS request for assistance in updating the existing Coastal Resiliency Plan in accordance with new technical requirements in order to increase the COS's future funding opportunities with the State. As a part of the grant, the funding will also cover additional work relating to updating our Local Mitigation Strategy (LMS) in accordance with the Stormwater Master Plan recommendations. The State and City staffs have finalized review of the contract (Attached as Exhibit A) and seek approval from Council to proceed with the project. The City has secured the services of one of the continuing consultant firms, Kimley-Horn and Associates, Inc., who assisted the COS in 2018 with the first grant funded project. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: 0 Total Cost: $120,000.00 Funds to Be Utilized for Appropriation: $120,000.00 (FDEP) Attachments: 1. Exhibit A: FDEP Contract #23PLN17 Administrative Services Departme t Review: - n,-J i City Attorney Review: Procurement Division Review, if'applicable: /V /� f City Manager Authorization: r Date: %/a d f 10 2 3 162 of 260 EXHIBIT A 163 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: City of Sebastian's Coastal Resilience Plan Updates 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Grantee Name: City of Sebastian Grantee Address: 1225 Main Street Sebastian, Florida 32958 3. Agreement Begin Date: Upon Execution 23PLN17 (Department) Entity Type: Local Government FEID: 59-6000427 (Grantee) Date of Expiration: 9/30/2026 4. Project Number: 23PLN17 Project Location(s): Indian River County (If dffforentfiroin Agreement Number) Project Description: The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, for City of Sebastian. 5. Total Amount of Funding: Funding Source? Award ##s or Line Item Appropriations: I Amount per Source($): 120,000.00 11 State OFederal 197-H23 1 $ 120,000.001 $ ❑ State ❑Federal f El Grantee Match I $ Total Amount of Funding + Grantee Match, if any: $ '120,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Charles Neuhauser Name: Lisa Frazier or successor or successor Address: Resilient Florida Program Address: City of Sebastian 2600 Blair Stone Road, MS235 1225 Main Street Tallahassee, Florida 32399 Sebastian, Florida 32958 _ Phone: 850-245-2138 Phone: 772-388-8228 Email: Charles.Neuhauser@FloridaDEP.gov Email: LFrazier@CityofSebastian.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Z Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements i] Attachment 2: Special Terms and Conditions 2 Attachment 3: Grant Work Plan [] Attachment 4: Public Records Requirements Cl Attachment 5: Special Audit Requirements R Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at ht s:/Jfacts.fldfs.com, in accordance with §215.985, F.S. [i] Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): i] Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 2 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E. Advance Payment Terms and Interest Earned Memo ❑ Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 R Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, Exhibit H: Contractual Services Certification, Exhibit I. - vulnerability Assessment Compliance Checklist Certification DEP Agreement No. 23PLN17 164 of 260 Rev, l0/1,8122 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): SLFRP125 Federal Award Date to Department: 2/6/2023 Total Federal Funds Obligated by this Agreement: $120,000 Federal Awarding Agency: U.S. Department of Treasury Award R&D? O Yes ON/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of Sebastian GRANTEE By (Authorized Signature) Date Signed Brian Benton Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 2 Additional signatures attached on separate page. DEP Agreement No. 23PLN17 165 of 260 Rev. 10/18/22 ORCP Additional Signatures DEP Grant Manager, Charles Neuhauser DEP QC Reviewer, Christina Rouslin Grantee may add additional signatures below, if needed. 166 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev.11/14/2022 167 of 260 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholdine Pavment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. L The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev.11/14/2022 168 of 260 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. S. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: litti2s.//www.m fly oridacfo.coni/docs-sf/accountin -and-auditin -libraries/state-agcncies/reference-wide-for-state- expenditures.pdf. c. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. FinaI Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: littps://www.myfloridaefo.conVdivision/aa/vendors/ . j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its k. share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev.11/14/2022 169 of 260 a. Salarv/WaRes. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Eauipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acauisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 11 / 14/2022 170 of 260 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Reurrements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 11 / 14/2022 171 of 260 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services, If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 1 1 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev.11/14/2022 172 of 260 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten 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) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department 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 paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. 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 for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department 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. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev.11/14/2022 173 of 260 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in 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 it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entitv Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 11 /14/2022 174 of 260 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section Attachment 1 9of12 Rev.11/14/2022 175 of 260 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflorida.com/library-archives/records-manae_etnent/general-records-schedule . 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with tl:ie inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Phvsical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:llapp s. fldfs.comlfsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment I 10of12 Rev. 11 / 14/2022 176 of 260 i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment 1 11 of 12 Rev.11/14/2022 177 of 260 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severabi.lity. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. 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 employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 11 / 14/2022 178 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.23PLN17 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is City of Sebastian's Coastal Resilience Plan Updates. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Comnensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicine. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. N ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition S. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1 of 3 Rev.05/15/2023 179 of 260 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liabilitv Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Comuensation and Emnlover's Liabilitv Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(])(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 2 of 3 Rev. 05/ 15/2023 180 of 260 15. Additional Terms. Documentary Evidence Reauirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 3 of 3 Rev. 05/15/2023 181 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.23PLN17 ATTACHMENT 3 PROJECT TITLE: City of Sebastian Comprehensive Vulnerability Assessment PROJECT LOCATION: The Project is located in City of Sebastian within Indian River County, Florida. PROJECT DESCRIPTION: The City of Sebastian (Grantee) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). TASKS AND DELIVERABLES: Task 1: Acquire Background Data Description: The Grantee will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (l % annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: • 1.1: A technical report to outline the data compiled and findings of the gap analysis. • 1.2: A summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable. • 1.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a)1-4, F.S. Task 2: Exposure Analvsis Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. DEP Agreement No.: 23PLN17 Page 1 of 5 Rev. 6.26.23 182 of 260 Deliverables: The Grantee will provide the following: • 2.1: A draft VA Report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario. • 2.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 3: Sensitivity Analvsis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: • 3.1: An updated draft VA Report that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards. • 3.2: An initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task 4: Identifv Focus Areas Description: The Grantee will identify focus areas following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook_ Based on the exposure and sensitivity analyses, the Grantee may assign focus areas to locations or assets that are particularly vulnerable and require the development of adaptation strategies. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 4.1: A report summarizing the areas identified as focus areas, with justification for choosing each area. • 4.2: Tables listing each focus area with any critical assets that are contained inside the focus area. • 4.3: Maps illustrating the location of each focus area compared to the location of all critical assets within the geographic extent of the study. • 4.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus areas. Task 5: Final Vulnerabilitv Assessment ReuorL Mans. and Tables Description: The Grantee will finalize the (VA) report pursuant to the requirements in s. 380.093, F.S. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets DEP Agreement No.: 23PLN17 Page 2 of 5 Rev. 6.26.23 183 of 260 that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 5.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S. • 5.2: A final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. • 5.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata. • 5.4: A signed Vulnerability Assessment Compliance Checklist Certification. Task 6: Public Presentation Description: The Grantee will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 6.1: Meeting agendas to include location, date, and time of meeting. • 6.2: Meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff). • 6.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable. • 6.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable. • 6.5: A summary report including attendee input and meeting outcomes. Task 7: Local Mitigation Strategv Description: The results of the VA can be used to inform a Local Mitigation Strategy (LMS) as required by the Florida Division of Emergency Management (FDEM). The LMS is usually developed at the county level and serves to reduce the risks associated with natural and man-made disasters, including sea level rise. The Grantee will work with the Local Mitigation Strategy Working Group (LMSWG) to ensure the VA Report is in alignment with the existing county LMS Plan and will be utilized during the planning process of future county LMS Plan updates. Deliverables: Submit a letter to the Department and FDEM Mitigation Bureau Planning Unit, signed by the LMSWG Chair, or Designee, to include the following: • 7.1: Vulnerability Assessment Report will be incorporated as a reference in updating the next iteration of the LMS Plan, i.e., utilized in the next five-year update. DEP Agreement No.: 23PLN 17 Page 3 of 5 Rev. 6.26.23 184 of 260 • 7.2: Vulnerability Assessment Report will be included as an appendix to the next iteration of the LMS Plan. • 7.3: The entity/entities that composed the VA report will be involved with the LMSWG through any of the following: at a minimum, be added to the contact list, attend meetings, participate in the planning process of the next major update; participate in the adoption of the LMS plan; and submit projects to the LMSWG to be included on LMS Prioritized Project List. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 23PLN 17 Page 4 of 5 Rev. 6.26.23 185 of 260 Task Task Title Budget DEP No. Category Amount I Acquire Background Contractual $9,350.00 Data Services 2 Exposure Analysis Contractual $27,730.00 Services 3 Sensitivity Analysis Contractual $33,305.00 Services 4 Identify Focus Areas Contractual $9,720.00 Services Final Vulnerability Contractual 5 Assessment Report, Services $12,630.00 Maps, and Tables 6 Public Presentation Contractual $8,720.00 Services 7 Local Mitigation Contractual $18,545.00 Strategy Services Total: $120,000 $ Match Total Task Start Task Due Amount Amount Date Date $0 $9,350.00 Execution on 6/30/2026 $0 $27,730.00 Upon 6/30/2026 Exe u $0 $33,305.00 6/30/2026 Exe un $0 $9,720.00 Exe un 6/30/2026 $0 $12,630.00 E e on cuti$0 6/30/2026 $8,720.00 6/30/2026 Exe un $0 $18,545.00 E e on cuti$ 6/30/2026 120,00 DEP Agreement No.: 23PLN17 Page 5 of 5 Rev. 6.26.23 186 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(d,floridadep.,iaov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 187 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", 7DEP" or "Grantor"' or other name in the agreement) to the recipient (which may be refen•ed to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department 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/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. ►•181r]llK PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 l . 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 Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection 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 the Department of Environmental Protection. 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 Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 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 Part 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 federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https:l/sam.eov/content/assistance-listings. Attachment 5 1 of 6 BGS-DEP 55-215 revised 11/8/2022 188 of 260 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 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 Section 2I5.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection 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 the Department of Environmental Protection, 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. In connection with 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), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 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 year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 21597, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.c., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httns://apps.fidfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httD://www.lea.state.fl.us/Welcome/index.efm, State of Florida's website at httn://www.mvflorida.com/, Department of Financial Services' Website at htti)://w w.fldfs.com/and the Auditor General's Website at htti)://www.mvflorida.com/audp,eti/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97($), 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 fall cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 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 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 1 t/8/2022 189 of 260 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.aov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSincleAuditndeo.state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits1342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.eovn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 EIectronically: FDEPSineleAudita,deo. state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection 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) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised I1/8/2022 190 of 260 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 11/8/2022 191 of260 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation A Federal Agency Number CFDA Title Funding Amount Category Original U.S. Department of 21.027 SLFRP0125 Agreement Treasury $120,000.00 197-1-123 Federal Program CFDA B Federal Agency Number CFDA Title State Appropriation Funding Amount Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program First Compliance requirement: i.e.: (what services of purposes resources must be used for) A Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program First Compliance requirement: i.e.: (what services of purposes resources must be used for) B Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 5 of 6 BGS-DEP 55.215 Revised 7/2019 Note: If the resources awarded to the recipient for matching represent more than one_ federal program, provide the same information shown below far each federal Pro --rant and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Federal State Program Appropriation B Federal Agency CFDA CFDA Title Funding Amount Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state_rnancial assistance awarded that is subject to section 215.97. F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or A State Awarding Agency Fiscal Year` Number Funding Source Description State CSFA Title Program State CSFA or B State Awarding Agency Fiscal Year Number Funding Source Description Funding Amount Funding Amount Appropriation Category State Appropriation Cate off+` I Total Award 1 $120,000.00 66gMjhbJW Note: ,List applicable compliance requirement in the same manner as illustrated above forfederal resources. For matching resources provided by the Department for DEP for, federal programs, the requirements might be similar to the requirements. for the applicable federal progrants. Also, to the extent that different requirements pertain to different amount, for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) f httpsa/sam.eov/content/assistance-iistings] and/or the Florida Catalog of State Financial Assistance (CSFA) rhttps://apes.fldfs.com/fsaa/searchCatalo2.asr)x], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement[httl)s://gR2Lfidfs.com/fsaa/state proicct_comDliance.aspxJ. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. ' Subject to change by Change Order. Subject to change by Change Order. Attachment 5, Exhibit 1 6of6 BGS-DEP 55.215 Revised 7/2019 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 Sea Level Impact Proiection Studv Reauirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Adnunistrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. Attachment 3. Grant Work Plan. Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 4. CODvriHht. Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes. a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which can be found on the Department's website at: httos:Hfloridadev.gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Proiect Renort. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.9.23 Attachment 6 Page 1 of 2 194 of 260 8. Proiect Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Geoeranhic Information Svstem (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: bttDs://floridadev.2ov/rcn/resilient-florida-uroaram/documents/resilient-florida-t)roeram-¢is-data- standards), and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. Rev. 2.9.23 Attachment 6 Page 2 of 2 195 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. httDs://floridaden.2ov/Resilient-Florida-ProLyram/Grants Exhibit A, Page I of I Rev. 1/17/23 196 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. httDs://floridaden.,Qov/Resilient-Florida-Prop-ram/Grants Exhibit A, Page 1 of 1 Rev.1/13/2023 197 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. https: //floridaden. izov/Resilient-Florida-Prop-ram/Grants Exhibit C, Page 1 of 1 Rev. 12/02/19 198 of 260 EXHIBIT F DEP AGREEMENT NO. 23PLN17 CITY OF SEBASTIAN'S COASTAL RESILIENCE PLAN UPDATES City of Sebastian Final Project Report m Z O �O41 TA L This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 23PLN17 Page 1 6/30/2023 199 of 260 Part I. Executive Summary Part U. Methodology Part III. Outcome Include the following: 1) evaluation ofproject 's ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final project photos, if an implementation construction project. Part IV. Further Recommendations Instructions for completing Exhibit F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 23PLN17 Page 2 6/30/2023 200 of 260 °*yEPA*,Nf Florida Department of Environmental Protection o ° EXHIBIT G z z PHOTOGRAPHER RELEASE FORM FOR PHOTOGRAPHS. VIDEOS. AUDIO RECORDINGS AND ARTWORKS MfMTrtI 40. DEP AGREEMENT NO: 23PLN17 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: l ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/a rtw•ork/recording file name(s): Location of photo/video/audio recording/artwork- Name of person accepting Work submission l 1/19/2021 Exhibit G, DEP Agreement #E: 23PLN17 Page 1 of 1 201 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 23PLN 17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 202 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all planning grant agreements. DEP Agreement Number: 23PLN 17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian In accordance with subsection 380,093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: https:llforidadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data- standards Part l — Subparagraph 380.093(3)(c)2., F.S. Item Check if Page Reference ID Included item Description in VA Report (if applicable) Final Vulnerability Assessment Report that provides details on ❑ the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards and include the following three (3) items: b p Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction, including regionally d ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset Part 2 — Subparagraphs 380.093(3)(d)l. and 380.093(3)(d)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) ❑ Peril of Flood Compliance Plan amendments developed that address paragraph 163.3178(2)(f), F.S., if applicable. Exhibit I 1 of 3 Rev. 1/18/2023 203 of 260 ❑ Not applicable ❑ Already in compliance f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the g ❑ number of tidal flood days expected for each scenario and planning horizon. (optional) Depth of current and future storm surge flooding using publicly IZ ❑ available NOAA or FEMA storm surge data. (check one) ❑ NOAA data ❑ FEMA data i ❑ Initial storm surge event equals or exceeds current 100-year flood event. ❑ Higher frequency storm analyzed for exposure of a critical asset. (optional, but must provide additional detail if included) To the extent practicable, rainfall -induced flooding was k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item a is not applicable) l ❑ Future boundary conditions have been modified to consider sea level rise and high ride conditions. (optional) in ❑ Depth of rainfall -induced flooding for 100-year storm and 500- year storm event. (required f item a is not applicable) To the extent practicable, compound flooding or the n ❑ combination of tidal, storm surge, and rainfall -induced flooding. (optional) Part 3 — Subparagraph 380.093(3)(d)3., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) ❑ All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must ❑ include the 2017 NOAA intermediate -low and intermediate - high sea level rise projections. ❑ Includes at least two planning horizons, which must include years 2040 and 2070. ❑ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. Local, publicly available, sea level data was taken from one of ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (if so, provide Department approval). Exhibit I 2 of 3 Rev. 1 / 18/2023 204 of 260 Identify all counties and municipalities that are included in this Vulnerability Assessment: I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Exhibit 1 3 of 3 Print Name Date Rev. 1 /18/2023 205 of 260 CM Lf SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 AEenda Item Title: CSA #2.1-01-KHA-01 Kimley-Horn and Associates, Inc. FDEP FY 23 Coastal Resilience Grant Recommendation: Approve CSA #21-01-KHA-01 Kimley-Horn and Associates, Inc. to perform Sebastian's coastal Resilience Plan Update in accordance with FDEP FY 23 Coastal Resilience Grant and approve City Manager to execute appropriate documents. Backeround: The City of Sebastian (COS) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) update pursuant to Section 380.093, Florida Statutes (F.S.). The Florida Department of Environmental Protection (FDEP) approved the COS request for assistance in updating the existing Coastal Resiliency Plan in accordance with new technical requirements in order to increase the COS's future funding opportunities with the State. As a part of the grant, the funding will also cover additional work relating to updating our Local Mitigation Strategy (LMS) in accordance with the Stormwater Master Plan recommendations. The State and City staff have finalized review of the contract (Attached as Exhibit A) and seek approval from Council to proceed with the project. The City has secured the services of one of the continuing consultant firms, Kimley-Horn and Associates, Inc., who assisted the COS in 2018 with the first grant funded project. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: 0 Total Cost: $120,000.00 Funds to Be Utilized for Appropriation: $120,000.00 (FDEP) Attachments: 1. CSA#01 2, Exhibit A Administrative Services Department Review: City Attorney Review: r�l Ojk�—U-Ll Procurement Division Review, if applicable: City Manager Authorization: r Date: 7/cla lad 8 a� 206 of 260 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Kimley-Horn and Associates, Inc. 200 Central Avenue, Suite 600 St. Petersburg, FL 33701 Work Authorization No: CSA - #21 -01 -KHA-01 Proiect Title: City of Sebastian Vulnerability Assessment IT IS AGREED to undertake the following work in accordance with the provisions of the Kimley-Horn Master Agreement entitled #21-01- KHA-01 dated February 22, 2021. Description of Assignment: Kimley-Horn will update a previously conducted vulnerability assessment pursuant to s.380.093, F.S. The work/project will include: Task #1: Acauire Backaround Data Description: The CONSULTANT will review the data provided by the CLIENT and will conduct a review to determine the quality of the data for use in the analysis and if additional datasets will be required. The CONSULTANT will also collect the following published data: • 2019 Digital Elevation Model for Indian River County • NOAA-Atlas 14 rainfall depths for the 1 00-year/1 -day and the 500-year/1-day events; • NOAA sea level rise (SLR) projections for intermediate -high and intermediate -low 2040and 2070 projections for 2022 • Tidal Datums from NOAA Tides and Currents • Latest Federal Emergency Management Agency (FEMA) flood maps; • Predicted storm surge for a 100-year storm surge event (based on available data from the FEMA Flood Insurance Study) • Evacuation routes and other transportation assets from USGS The National Map,FDOT, NavTeq, etc. • Location and details of critical infrastructures such as wastewater, drinking water, and slormwater treatment facilities, communications facilities, lift stations, etc. from Florida Division of Emergency Management (FDEM) Critical Facilities Inventory or other sources • Location and details of community and emergency facilities City to provide (if available): • Latest GIS file including shapefiles of the City's boundary; • Inventory of stormwater/water/wastewater assets — including as-builts for pump stations and treatment plants; • City -maintained streets; • City buildings: Shelters/Schools/Hospitals/City building — shapefile of building footprints and available finished floor information or as -built drawings; • City -maintained parks; Deliverable(s): The CONSULTANT will provide the following: 1) a technical report to outline the data compiled and findings of the gap analysis; 2) a summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable; and 3) GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in s. 380.093(2) 1-4. F.S. Task #2: Exposure Analvsis Description: The CONSULTANT will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding. The scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata will adhere to the Resilient Florida Program's GIS Data Standards, and raw data sources shall be defined within the associated metadata. Deliverable(s): The CONSULTANT will provide the following: 1) a draft Vulnerability Assessment report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario; and 2) GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task #3: Sensitivity Analvsis Description: The CONSULTANT will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Exposure Analysis Task. The sensitivity analysis 207 of 260 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) should include an evaluation of the impact of flood severity on each asset type and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables(s): The CONSULTANT will provide the following: 1) a draft Vulnerability Assessment report that provides details of the findings of the exposure analysis, the sensitivity analysis, and includes visual presentation of the data via maps and tables based on the statutory -required scenarios and standards; and 2) an initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task #4: Identifv Focus Areas Description: The CONSULTANT in participation with the CLIENT will identify focus areas following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the CLIENT may assign focus areas to locations or assets that are particularly vulnerable and require the development of adaptation strategies. GIS files and associated metadata will adhere to the Resilient Florida Program's GIS Data Standards and raw data sources shall be defined within the associated metadata. Deliverable(s): The CONSULTANT will provide the following: 1) a report summarizing the areas identified as focus areas, with justification for choosing each area; 2) tables listing each focus area with any critical assets that are contained inside the focus area; 3) maps illustrating the location of each focus area compared to the location of all critical assets within the geographic extent of the study; and 4) GIS files and associated metadata illustrating geographic boundaries of the identified focus areas. Task #5: Final Vulnerabilitv Assessment Description: The CONSULTANT will finalize the Vulnerability Assessment (VA) report pursuant to the requirements in s. 380.093, F.S. The final VA will include results from the exposure and sensitivity analyses, as well as a summary of identified risks and focus areas. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata will adhere to the Resilient Florida Program's GIS Data Standards, and raw data sources shall be defined within the associated metadata. Deliverable(s): The CONSULTANT will provide the following: 1) Final Vulnerability Assessment Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutory -required scenarios and standards in s. 380.093, F.S.; 2) a final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset.; 3) all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; and 4) a signed Vulnerability Assessment Compliance Checklist Certification as provided by CLIENT. Task #6: Public Presentation Description: The CONSULTANT in participation with the CLIENT will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The CLIENT will prepare all social media notifications, meeting invitations. The CONSULTANT will provide meeting materials, presentation, and graphics utilized during the meeting, as applicable. Deliverable(s): The CONSULTANT will provide the following: 1) meeting agendas to include location, date, and time of meeting; 2) meeting sign -in sheets with attendee names and affiliation (i.e., local stakeholder, resident, steering committee member, local government staff); 3) a copy of the presentation(s). The CLIENT will provide the following: 1) any materials created in preparation of or for distribution at the meeting (i.e., social media posts, public announcements, graphics), as applicable; 2) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 3) a summary report including attendee input and meeting outcomes. Task #7: Local Mitigation Strateqv Description: The results of the Vulnerability Assessment shall be used to inform a Local Mitigation Strategy (LMS) in collaboration with the Local Mitigation Strategy Working Group (LMSWG) as required by the Florida Division of Emergency Management (FDEM). The LMS is developed at the County level and serves to reduce the risks associated with natural and man-made disasters, including sea level rise. Deliverables: The CLIENT in participation with the CONSULTANT will submit a letter to the Department and FDEM Mitigation Bureau Planning Unit, signed by the LMSWG Chair, or Designee, to include the following: 1) Vulnerability Assessment Report will be incorporated as a reference in updating the next iteration of the LMS Plan, i.e., utilized in the next five-year update; 2) 208 of 260 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Vulnerability Assessment Report will be included as an appendix to the next iteration of the LMS Plan. 3) Participation in up to twelve (12) virtual meetings with the LMSWG. Performance Measures The Department's Grant Manager will provide the deliverable to the Department of Economic Opportunity (DEO) for preliminary review to ensure compliance with Section 163.3178(2)(f), Florida Statutes. DEO will have ten (10) working days to review and provide its comment(s) to the Department's Grant Manager. This review is to provide preliminary feedback only and does not constitute the state agency review required under Section 163.3184, Florida Statutes. Assumptions • The CLIENT is responsible for making key staff available during the delivery of this project. • Deliverables will be issued as a draft for review by the CLIENT. We have estimated an approximate 14-day time frame for the comments. After receiving the comments from the CLIENT, the CONSULTANT will reconcile the comments/edits into a final version. The CONSULTANT will address one round of CLIENT comments. • The generation of flood inundation extents will be based on the source DEM, no topographic analysis for voids will be conducted. ERPs or projects that have come on-line since the publication of the DEM will not be considered. • The generation of flood inundation extents will be level -pools. No sloped surfaces, transition zones or smoothing of floodplains will be performed. • The City will be responsible for advertising the Public Meeting and coordinate all logistics associated with the meeting. Any collateral materials beyond the meeting presentation will be the responsibility of the City. • The schema will be compliant with 380.093(3)(c) F.S. 1. Preliminary Planning There is no preliminary planning required for this project. 2. Permitting & Inspections There are no permitting or inspections required for this project. 3. Contract Administration There is no contract administration required for this project. 4. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours 4.1 Task 1 —Acquire Background Data 4.2 Task 2 — Exposure Analysis 4.3 Task 3 — Sensitivity Analysis 4.4 Task 4 — Identify Focus Areas 4.5 Task 5 — Final Vulnerability Assessment 4.6 Task 6 — Public Presentation 4.7 Task 7 — Local Mitigation Strategy 5. Pricing Description Quantity Contracted Unit Price TOTALS Preliminary Planning 0 - - Permitting & Inspections 0 - - Contract Administration 0 - - 4.1 Task 1 -- Acquire Sackqround Data 1 $9,350.00 $9,350.00 4.2 Task 2 — Exposure Analysis 1 $27,730.00 $27,730,00 4.3 Task 3 — Sensitivity Analysis 1 $33,305.00 $33,305.00 4.4 Task 4 — Identify Focus Areas 1 $9,720.00 $9,720.00 4.5 Task 5 — Final Vulnerability Assessment 1 $12,630.00 $12,630.00 J 4.6 Task 6 — Public Presentation 1 $8,720.00 $8,720.00 4.7 Task 7 — Local Mitigation Strategy 1 $18,545.00 $18,545.00 209 of 260 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 6. Deliverables Provided to the City (surveys, plans, etc.) Description 4.1 Task 1 — Data Collection Technical Memorandum and GIS package 4.2 Task 2 — Draft Vulnerability Assessment 1 and GIS Package 4.3 Task 3 — Draft Vulnerability Assessment 2 and GIS Package 4.4 Task 4 — Identify Focus Areas Technical Memorandum and GIS Package 4.5 Task 5 — Final Vulnerability Assessment Report and GIS Package 4.6 Task 6— Public Presentation Meeting Agenda and Presentation Slides 4.7 Task 7— Local Mitigation Strategy Meeting Attendance Quantity 1 1 1 1 1 1 1 Basic of Compensation/Period of Services: The above referenced description for CSA #21-01-KHA-01 will be performed for a fee in the amount of $120,000, AGREED: VENDOR: Kelly Bulloch Kimley-Horn and Associates, Inc. Attest: Jeanette Williams, MMC, City Clerk Date: 07/14/2023 CITY OF SEBASTIAN: Date: Brian Benton Interim City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 210 of 260 EXHIBIT A 211 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: City of Sebastian's Coastal Resilience Plan Updates 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Grantee Name: City of Sebastian Grantee Address: 1225 Main Street Sebastian, Florida 32958 3. Agreement Begin Date: Upon Execution 23PLN17 (Department) Entity Type, Local Government FEID: 59-6000427 (Grantee) Date of Expiration: 9/30/2026 4. Project Number: 23PLN17 Project Location(s): Indian River County (If differentfrom Agreement Number) Project Description: The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, for City of Sebastian. 5. Total Amount of Funding: f Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): $ 120,000.00 i ❑ State []Federal 197-1123 $ 120,000.00 ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 120,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Charles Neuhauser Name: Lisa Frazier or successor or successor Address: Resilient Florida Program Address: City of Sebastian 2600 Blair Stone Road, MS235 1225 Main Street Tallahassee, Florida 32399 Sebastian, Florida 32958 Phone: 850-245-2138 Phone: 772-388-8228 Email: Charles.Neuhauser@FloridaDEP.gov Email: LFrazier@Cit.yofSebastian.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: [i] Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 1] Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 91 Attachment 5: Special Audit Requirements 0 Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) "Copy available at lit s:l/facts.fldfs.com, in accordance with §215,985, F.S. f 0 Attachment 8: FederaI Regulations and Terns (Federal) ❑ Additional Attachments (if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form © Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 j ❑>< Additional Exhibits (if necessary): Exhibit F. Final Report Form, Exhibit G: Photographer Release Form. Exhibit If: Contractual Services Certification, Exhibit 1: I !I Vulnerability Assessment Compliance Checklist Certification 111 DEP Agreement No. 23PLN17 212 of 260 Rev. 10/ 18/22 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): SLFRP125 Federal Award Date to Department: 2/6/2023 Total Federal Funds Obligated by this Agreement: $120.000 Federal Awarding Agency: U.S. Department of Treasury Award R&D? ❑ Yes EIN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of Sebastian GRANTEE 0 (Authorized Signature) Date Signed Brian Benton Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT �0 Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Si in 0 Additional signatures attached on separate page. DEP Agreement No. 23PLN17 1 3 3ff 22 ev. YO/i L ORCP Additional Signatures DEP Grant Manager, Charles Neuhauser DEP QC Reviewer, Christina Rouslin Grantee may add additional signatures below, if needed. 214 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 11/14/2022 215 of 260 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholdine Pavment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All OAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 11 /14/2022 216 of 260 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. S. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agrecment. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https:/iwww.myfloridacfo.com/docs-sf/accounting-and-aud_ iting-libraries/state-agencies/reference-guide-for-state- expenditures.pdf e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/vendors/ . j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its k. share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev.11/14/2022 217 of 260 a. Salarv/Waees. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Eauipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Eauipment. Match or reimbursement requests for rentalllease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 11 /14/2022 218 of 260 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coveraee. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 11 / 14/2022 219 of 260 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations unon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prenaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 11 / 14/2022 220 of 260 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten 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) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department 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 paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. 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 for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department 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. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev.11/14/2022 221 of 260 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in 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 it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entitv Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shalt notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 11 /14/2022 222 of 260 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section Attachment 1 9of12 Rev. 11 / 14/2022 223 of 260 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: httn://dos.mvflorida.com/librarv-archives/records-manae_ ement/i eneral-records-schedules/). 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Phvsical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: lrttvs:llavns. fldfs.comlfsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Comminalin2 of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment I 10 of 12 Rev.11/14/2022 224 of 260 i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment 1 11 of 12 Rev. 11/14/2022 225 of 260 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. 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 employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 11 / 14/2022 226 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.23PLN17 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is City of Sebastian's Coastal Resilience Plan Updates. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Comuensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1 of 3 Rev. 05/ 15/2023 227 of 260 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liabilitv Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Emnlover's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 2 of Rev. 05/15/2023 228 of 260 15. Additional Terms. Documentary Evidence Reouirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 3 of 3 Rev. 05/15/2023 229 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.23PLN17 ATTACHMENT 3 PROJECT TITLE: City of Sebastian Comprehensive Vulnerability Assessment PROJECT LOCATION: The Project is located in City of Sebastian within Indian River County, Florida. PROJECT DESCRIPTION: The City of Sebastian (Grantee) will complete the City of Sebastian Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). TASKS AND DELIVERABLES: Task 1: Acauire Background Data Description: The Grantee will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1 % annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: 1.1: A technical report to outline the data compiled and findings of the gap analysis. 1.2: A summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable. 1.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a) 1 -4, F.S. Task 2: Exnosure Analvsis Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. DEP Agreement No.: 23PLN 17 Page 1 of S Rev. 6.26.23 230 of 260 Deliverables: The Grantee will provide the following: • 2.1: A draft VA Report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario. • 2.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 3: Sensitivity Analvsis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: • 3.1: An updated draft VA Report that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards. • 3.2: An initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task 4: Identifv Focus Areas Description: The Grantee will identify focus areas following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the Grantee may assign focus areas to locations or assets that are particularly vulnerable and require the development of adaptation strategies. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 4.1: A report summarizing the areas identified as focus areas, with justification for choosing each area. • 4.2: Tables listing each focus area with any critical assets that are contained inside the focus area. • 4.3: Maps illustrating the location of each focus area compared to the location of all critical assets within the geographic extent of the study. • 4.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus areas. Task 5: Final Vulnerability Assessment Report. Maps, and Tables Description: The Grantee will finalize the (VA) report pursuant to the requirements in s. 380.093, F.S. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets DEP Agreement No.: 23PLN17 Page 2 of 5 Rev. 6.26.23 231 of 260 that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 5.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S. • 5.2: A final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. • 5.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata. • 5.4: A signed Vulnerability Assessment Compliance Checklist Certification. Task 6: Public Presentation Description: The Grantee will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 6.1: Meeting agendas to include location, date, and time of meeting. • 6.2: Meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff). • 6.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable. • 6.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable. • 6.5: A summary report including attendee input and meeting outcomes. Task 7: Local Mitigation Strateev Description: The results of the VA can be used to inform a Local Mitigation Strategy (LMS) as required by the Florida Division of Emergency Management (FDEM). The LMS is usually developed at the county level and serves to reduce the risks associated with natural and man-made disasters, including sea level rise. The Grantee will work with the Local Mitigation Strategy Working Group (LMSWG) to ensure the VA Report is in alignment with the existing county LMS Plan and will be utilized during the planning process of future county LMS Plan updates. Deliverables: Submit a letter to the Department and FDEM Mitigation Bureau Planning Unit, signed by the LMSWG Chair, or Designee, to include the following: • 7.1: Vulnerability Assessment Report will be incorporated as a reference in updating the next iteration of the LMS Plan, i.e., utilized in the next five-year update. DEP Agreement No.: 23PLN 17 Page 3 of 5 Rev. 6.26.23 232 of 260 • 7.2: Vulnerability Assessment Report will be included as an appendix to the next iteration of the LMS Plan. • 7.3: The entity/entities that composed the VA report will be involved with the LMSWG through any of the following: at a minimum, be added to the contact list, attend meetings, participate in the planning process of the next major update; participate in the adoption of the LMS plan; and submit projects to the LMSWG to be included on LMS Prioritized Project List. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A "full deliverable" is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An "incomplete deliverable" is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department's receipt and approval of all deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full or partial completion of a task's deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Upon the Department's receipt of the aforementioned documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 23PLN17 Page 4 of 5 Rev. 6.26.23 233 of 260 Task No. Task Title I Acquire Background Data 2 Exposure Analysis 3 Sensitivity Analysis 4 Identify Focus Areas Final Vulnerability 5 Assessment Report, Maps, and Tables 6 Public Presentation 7 Local Mitigation Strategy Budget DEP Category Amount Contractual $9,350.00 Services Contractual $27,730.00 Services Contractual $33,305.00 Services Contractual $9,720 00 Services Contractual $12,630.00 Services Contractual $8,720.00 Services Contractual $18,545.00 Services Total: $120,000 $ Match Total Task Start Task Due Amount Amount Date . Date $0 $9,350.00 6/30/2026 Exe un $0 $27,730.00 Exe u Upon 6/30/2026 $0 $33,305.00 Exe un 6/30/2026 $0 $9,720.00 6/30/2026 Exe un $0 $12,630.00 Exe un 6/30/2026 $0 $8,720.00 Exe un 6/30/2026 $0 $18,545.00 Exe un 6/30/2026 $120,00 DEP Agreement No.: 23PLN 17 Page 5 of 5 Rev. 6.26.23 234 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to aII documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(l), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.servicesC&,,floridadei).Rov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 235 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP ", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient ", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department 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/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, 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 non-profit organization as defined in 2 CFR §200.330 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 Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection 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 the Department of Environmental Protection. 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 Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part 1, 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 Part 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 federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htins://sam.izov/content/assistance-listing. Attachment 5 l of 6 BGS-DEP 55-215 revised I1/812022 236 of 260 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 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 Section 215,97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection 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 the Department of Environmental Protection, 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. In connection with 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), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that 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 Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state 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). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httDs:/IaDDs.fldfS.COm/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httD://www.lee. state.fl.us/Welcome/index.cfm, State of Florida's website at litty://www.mvflorida.com/, Department of Financial Services' Website at htt_D://www.fldfs.com/and the Auditor General's Website at hqp://www.mv florida.com/audeen/. PART ill: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to specify any additional audit requirements imposed by the State awarding entity that are 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 ar State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or air ange 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 a range for finding the f ill cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 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 CIearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS-DEP 55-215 revised I1/8/2022 237 of 260 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at bM://harvester.censijs.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin2leAudit(@,dcp.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http:H auditor.eov provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAudittb,den.state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection 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) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised I1/8/2022 238 of 260 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS-DEP 55-215 revised 11/8/2022 239 of 260 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation A Federal Agency Number CFDA Title Funding Amount Category Original U.S. Department of 21.027 SLFRP0125 $120,000.00 197-1-123 Agreement Treasury. Federal State Program CFDA Appropriation B Federal Agency Number CFDA Title Funding Amount Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for• each, federal program in the same manner as shown below: Federal Program First Compliance requirement: i.e.: (what services of purposes resources must be used for) A Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program First Compliance requirement: i.e.: (what services of purposes resources must be used for) B Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 5 of 6 BGS-DEP 55-215 Revised 712019 Note. If the resources awarded to the recipient.for matching represent more than one federal program, provide the same information shown below far each federal program and show total state resources awarded_for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Federal State Program Appropriation B FederaI Agency CFDA CFDA Title Funding Amount Category Note: If the resources awarded to the recipient represent more than one state project, provide the saute information ,shown below, for each state project and show total state financial assistance awarded that is subject to section 21 S. 97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Year Number Funding Source Description Funding Amount Category State CSFA Title State Program State CSFA or Appropriation B State Awarding Agency Fiscal Year Number Funding Source Description Funding Amount Category Total Award 1 $120,000.00 1• y —JEW Note: List applicable compliance requirement in the saute manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements perlain to different amount for the non federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this categol)� For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) P tti3s://sam.eov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [IlttDS://anus.fldfs.com/fsaa/searchCatalog.asi)x], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement[littDs://ai)os.fIdfs.com/fsaa/state proiect compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. ' Subject to change by Change Order. z Subject to change by Change Order. Attachment 5, Exhibit 1 6 of 6 BGS-DEP 55-215 Rcviead 7G2A19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 Sea Level Impact Proiection Studv Requirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. 2. Permits, The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 3. Attachment 3. Grant Work Plan. Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 4. CODvriaht. Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable Iicense to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 6. Fundins Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which can be found on the Department's website at: littosa/floridaden_gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Proiect Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.9.23 Attachment 6 Page 1 of 2 242 of 260 8. Proiect Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerabilitv Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Geosranhic Information Svstem (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: httos:/Ifloridadet).eov/rct)lresilient-ilorida-Droaratnldocuments/resilient-florida-Droaram-gis-data- standards), and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. Rev. 2.9.23 Attacluntnt 6 Page 2 of 2 243 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. htiDs:Hfloridader).2ov/Resilient-Florida-Pro2ram/Grants Exhibit A, Page l of l Rev. 1 /17/23 244 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. httt)s:HfloridadeD.2ov/Resilient-Florida-Pro2Tam/Grants Exhibit A, Page I of 1 Rev. 1/13/2023 245 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. httvs: Hfloridadeo. Rov/Resilient-Florida-Pro2ral-/Grants Exhibit C, Page 1 of 1 Rev.12/02/19 246 of 260 EXHIBIT F DEP AGREEMENT NO.23PLN17 CITY OF SEBASTIAN'S COASTAL RESILIENCE PLAN UPDATES City of Sebastian Final Project Report This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 23PLN17 Page 1 6/30/2023 247 of 260 Part I. Executive Summary Part I1. Methodology Part III. Outcome Include thefollowing: 1) evaluation ofproject's ability to meet goals and expectedperformance measures andprovide explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final project photos, if an implementation construction project. Part IV. Further Recommendations Instructions for completing Exhibit F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 23PLN17 Page 2 6/30/2023 248 of 260 CP q[cgq,M` Florida Department of Environmental Protection a` ti ° EXHIBIT G p c0 PHOTOGRAPHER RELEASE FORM QYTAI 9' FOR PHOTOGRAPHS. VIDEOS. AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 23PLN17 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: Cite: State: Zip: Phone Number: ( 1 Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: I. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/videolaudie/artwo rk/reco rding file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G, DEP Agreement #: 23PLN17 11/19/2021 Page 1 of 1 Date: 249 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 23PLN17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 250 of 260 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all planning grant agreements. DEP Agreement Number: 23PLN17 Project Title: City Of Sebastian's Coastal Resilience Plan Updates Grantee: City of Sebastian In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: https:llfloridadep.gov/rcp/resi lient-Forida-program/documents/resilient-Florida-program-gis-data- standards Part 1 — Subparagraph 380.093(3)(c)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) Final Vulnerability Assessment Report that provides details on ❑ the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards and include the following three (3) items: b 0 Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction, including regionally ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset Part 2 — Subparagraphs 380.093(3)(d)I, and 380.093(3)(d)2., F.S. Item Check if Page Reference ID included Item Description in VA Report (if applicable) Peril of Flood Compliance Plan amendments developed that address paragraph 163.3178(2)(f), F.S., if applicable. Exhibit I 1 of 3 Rev. 1/18/2023 251 of 260 ❑ Not applicable ❑ Already in compliance f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the g ❑ number of tidal flood days expected for each scenario and planning horizon. (optional) Depth of current and future storm surge flooding using publicly h ❑ available NOAA or FEMA storm surge data. (check one) ❑ NOAA data ❑ FEMA data i ❑ Initial storm surge event equals or exceeds current I00-year flood event. ❑ Higher frequency storm analyzed for exposure of a critical asset. (optional, but must provide additional detail if included) To the extent practicable, rainfall -induced flooding was k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item e is not applicable) 1 ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) in ❑ Depth of rainfall -induced flooding for 100-year storm and 500- year storm event. (required if item a is not applicable) To the extent practicable, compound flooding or the n ❑ combination of tidal, storm surge, and rainfall -induced flooding. (optional) Part 3 — Subparagraph 380.093(3)(d)3., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) I o ❑ All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must p ❑ include the 2017 NOAA intermediate -low and intermediate - high sea level rise projections. ❑ Includes at least two planning horizons, which must include q years 2040 and 2070. r ❑ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges, Local, publicly available, sea level data was taken from one of s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (f so, provide Department approval). Exhibit 1 2 of 3 Rev. 1 / 18/2023 252 of 260 Identify all counties and municipalities that are included in this Vulnerability Assessment: I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Print Name Date Exhibit I 3 of 3 Rev. 1/18/2023 253 of 260 MOM SEQASTMI HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 26, 2023 Agenda Item Title: Request City Council to accept the lease termination from Indian River State College (IRSC) for their usage of classroom and administrative space at the "Historic Old Sebastian Elementary School" effective immediately. Recommendation: Staff recommends that City Council accept the lease termination from IRSC for their usage of classroom and administrative space at the "Historic Old Sebastian Elementary School." Background: The City of Sebastian and IRSC entered into an agreement on October 1, 2015 for usage of classroom and administrative space at the "Historic Old Sebastian Elementary School." Under the terms of the agreement, IRSC was allowed to renew it automatically until they no longer wished, so long as they provided three months' notice. On June 19th, 2023 the City received a formal letter from IRSC notifying the City that they would like to terminate the lease agreement, effective immediately. Based on review of the Iease and this document, City Staff requests acceptance of this lease termination immediately, rather than waiting until the lease termination date of September 30'', 2023. Staff has received inquiries from a few different organizations who would like to begin discussions on leasing space within the building from the City and Staff feels it would be in the best interest of the City to accept this termination before beginning discussions with other parties. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. IRSC and City of Sebastian Facility Use Agreement 2. IRSC's lease termination request letter Administrative Services Department Review: City Attorney Review: Procurement Division R w, if applicable: N( P G City Manager Authorization: Date: 7/a o h o 2 3 254 of 260 FACILITY USE AGREEMENT between the CITY OF SEBASTIAN and the INDIAN RIVER STATE COLLEGE The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this agreement as "Owner", hereby agrees to provide to the INDIAN RIVER STATE COLLEGE, a public agency, referred to as "College", classroom and administrative space at the "Historic Old Sebastian Elementary School," located at the Sebastian City Hall Complex as described below within PREMISES, referred to as "the Premises", lying and being in the County of Indian River, State of Florida This document contains five (5) pages. The parties agree to be legally bound as follows: I. TERM AND OCCUPATION The term of this Agreement shall be for an initial period of one (1) year commencing at 12:00 A.M. on 01 October, 2015, and the agreement shall automatically renew on the anniversary date thereof, unless either party gives the other written notice, no less than, ninety (90) days before any such anniversary .of its intent to cancel the agreement. The previous Facility Use Agreement between the parties that commenced on 01 August 2007 shall expire, by mutual agreement, on 30 September 2015 at 11:59 PM. II. PREMISES Upon written notice from Owner that renovations have been completed at said "Historic Old Sebastian Elementary School," College may commence its operations on the second floor of said historic structure. In addition, the premises will include first floor office space of approximately nine -hundred (900) square feet, more or less, for administrative, counseling, security, and conference room services. The owner agrees to allow the college to post exterior signage with design approval by the City. IIL RENT College agrees to pay the Owner as rent for the use and occupancy of the Premises the amount of $35 per class, per occurrence, payable at the end of each semester (semesters would be fall, spring and combined summer), at the Finance Department office of Owner, or such other place or places as Owner may, from time to time, 1 255 of 260 designate by written notice given to College. There would be a maximum semester payment of $4,000, payable in the same manner as set forth above. IV. USE OF PREMISES The premises shall be used by College for purposes of education in accordance with its mission and directives, including such ancillary use of space as is typically associated therewith, and other uses naturally associated therewith, and for no other use or uses without the express written consent of Owner. However, College shall not commit or permit the commission of any acts on the premises, or use or permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. It is anticipated that College will equip up to four rooms with technological tools for teaching such as computers and video systems. College will be responsible for installing any additional telecommunication lines or other devices necessary to utilize these technological tools. College shall be responsible for all fees and charges incurred to service providers associated with these technological tools. Upon written notice by College that the rooms have been significantly equipped with these technological tools, the rooms containing such equipment may be locked and secured by College and Owner will not make this portion of the Premises available for use by others. However, College will utilize its best efforts to manage the technological resources in a manner that will allow the greatest degree of nonexclusive use of the facilities. V. ASSIGNMENT College may not assign or otherwise transfer rights in this Agreement without the prior express written consent of Owner. VL SURRENDER OF PREMISES At the end of each period of use, College shall leave the premises in as good condition as they were at the time of occupation by College, reasonable wear and tear excepted. 256 of 260 VII. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Owner shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the Premises. Owner, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the Agreement. In the event repairs to the Premises are undertaken and it is reasonably anticipated that it shall take more than thirty (30) days to complete the same, either party may elect to terminate the Agreement without further obligation. VII. ALTERATIONS College shall not make or permit any other person to make alterations to the Premises without the prior written consent of Owner. Any alterations to the Premises by College shall be made at the sole cost and expense of College. Any and all alterations or improvements made to the Premises shall on expiration or sooner termination of this Agreement become the property of Owner. IX. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by College 30 days after this Agreement's expiration, or sooner termination, regardless of cause, shall be deemed abandoned by College and shall automatically become the property of Owner as owner of the real property to which they are affixed. X. ACTS CONSTITUTING BREACHES BY COLLEGE College shall be guilty of a material default and breach of this Agreement should: (a) College default in the performance of or breach any provision, covenant, or condition of this Agreement and such default or breach is not cured within thirty (30) days after written notice thereof is given by Owner to College; or (b) College abandons the premises before expiration of the term of this Agreement. XI. REMEDIES FOR DEFAULT Communication between parties is encouraged to resolve all problems. 3 257 of 260 Should either party be guilty of a material default and breach of this Agreement as defined in this Agreement, that party shall have available the remedies given by law or equity, and a non -defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. The parties waive the right to trial by jury of all issues so triable. XL WAIVER OF BREACH The waiver by Owner of any breach by College of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by College either of the same or another provision of this Agreement. XII. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Owner: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager College: Indian River State College 6155 College Lane Vero Beach, Florida 32966 Attn: Provost provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. a 258 of 260 NNVUSV EXECUTED on this 23`d day of September, 2015, at Sebastian, Florida. ATTEST: City of Sebastian A Municipal Corporation Sally A. POlaio, MMC Joseph F. Griffin City Clerk City Manager Approved as to Form and Legality for Reliance by the city of Sebastian only: Robert A. Ginsburg City Attorney The District Board orTrustees of Indian River State College BY: Phoebe Raulerson TITLE: Chairperson BY: Edwin R. Massey, Ph.D. TITLE: President 5 259 of 260 INDIAN RIVER STATE COLLEGE Mueller Campus 6155 College Lane Vero Beach, FL 32966 Ph: 1-772-569-0333 • Fax: 1-772-226-2520 • irsc.edu Dr. Terri A. Graham Mueller Campus President Indian River State College 6155 College Lane Vero Beach, FL 32966 (772) 226-2505 teraham2@Dirsc.edu June 19, 2023 Brian Benton Interim City Manager, Sebastian 1225 Main Street Sebastian, FL 32958 (772) 228-7057 bbentont7a citvofsebastian.org Dear Mr. Benton, On behalf of Indian River State College (IRSC), I would like to thank you and the City of Sebastian for the partnership that allowed IRSC to utilize facilities in Sebastian. This partnership allowed us to build awareness and offer IRSC programs to the Sebastian community. IRSC would like to terminate our lease agreement, effective immediately. IRSC will need to move the Sebastian courses back to the IRSC Mueller Campus. IRSC will no longer offer classes or utilize office space at the Historic Old Sebastian Elementary School located at the Sebastian City Hall Complex, thereby ending our lease agreement. This change is largely due to compliance with SACS accreditation guidelines for off -site locations and the need for all IRSC students to have full access to the various student support services on campus. My team will arrange for the disposal of any IRSC owned furnishings that the City of Sebastian is not interested in retaining. Thank you for the opportunity to serve the residents of Sebastian. I look forward to exploring additional strategies to partner in order to enhance educational and economic development in Sebastian. Please don't hesitate to contact me if I can be of assistance. Sincerely, n Dr. Terri A. Graham 260 of 260