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2024-01-02 VI. D. Approve Gant Agmt No. P0497 w/ CFRPC, Exhibit 6 • • Exhibit 6 01/02/2024 To: City of Okeechobee City Council Date: January 2, 2024 Subject: State of Florida Department of Commerce(FloridaCommerce)Community Planning Technical Assistance Grant Background • The State of Florida Department of Commerce (FloridaCommerce) has awarded the City of Okeechobee a Community Planning Technical Assistance Grant in the amount of$20,000 for Fiscal Year 2023-2024. • Through the grant, the City, in partnership with the Central Florida Regional Planning Council (CFRPC), will prepare the following: 1) Market Feasibility Study; 2) Lodging Market Analysis and Industry Trend Report; and 3) Housing Market Profile. The Market Feasibility Study shall analyze the economic market potential of the City of Okeechobee as a location for new businesses and expansion of existing businesses and include recommendations for implementation of findings of the Study. The Lodging Market Analysis and Industry Trend Report shall analyze current hotel markets within the City of Okeechobee and primary drivers for hotel demand. The Housing Market Profile shall analyze total owner and renter occupied housing and include recommendations. Actions Requested • Approve the CFRPC Planning Advisory Services Agreement allowing the CFRPC to work with the City to complete a Lodging Market Analysis and Industry Trend Report. Attachments: Planning Advisory Services Agreement with the Central Florida Regional Planning Council Executed Grant Agreement with the FloridaCommerce • • PLANNING ADVISORY' SERVICES AGREEMENT with the CITY OF OKEECHOBEE THIS AGREEMENT is made and entered into this day of , 2024, by and between the Central Florida Regional Planning Council (hereinafter referred to as the "COUNCIL") and City of Okeechobee(hereinafter referred to as the "CITY"). BACKGROUND A. The CITY desires to engage the COUNCIL to provide professional planning services to create a Market Feasibility Study,Lodging Market Analysis and Industry Trend Report,and Housing Market Profile, which is detailed in Attachment A titled Community Planning Technical Assistance Grant Agreement State of Florida Department of Commerce, Agreement# P0497. The Scope of Work is provided as Attachment 1, beginning on page 20 in the Agreement. B. The COUNCIL acknowledges the Grant Agreement between the State of Florida Department of Commerce and the CITY (AGREEMENT) which is provided as Attachment A of this Agreement. Consistent with that AGREEMENT, the COUNCIL shall be consistent with Funding Requirements of Section 215.971(1), F.S.; Audit and Records (where applicable); Discriminatory Vendors; Scope of Work., Non-Discrimination; Public Entity Crime; Information Release; and Employment Eligibility Verification. C. The COUNCIL desires to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto do mutually agree as follows: I. GENERAL The CITY engages the COUNCIL to assist the CITY in creating a Market Feasibility Study, Lodging Market Analysis and Industry Trend Report, and Housing Market Profile; and the COUNCIL shall provide the professional services required under this Agreement with the CITY. II. SCOPE OF WORK The COUNCIL shall perform, in a satisfactory and proper manner, the work and services detailed in Attachment A - Scope of Work and shall satisfy all requirements of the guidelines specified therein. III. COMPENSATION As consideration for performance of Work,the CITY agrees to pay a fixed fee of$20,000 (twenty thousand dollars)to be paid in two(2)payments as follows: $10,000 by February 16, 2024; and $10,000 by May 3, 2024. Payment shall be made upon receipt of an acceptable completed invoice from the COUNCIL and release of funds to the CITY by the 1 • • Florida Department of Commerce. Project deliverables will be consistent with the Scope of Work provided in Attachment A - Community Planning Technical Assistance Grant Agreement State of Florida Department of Commerce,Agreement#P0497. The Scope of Work is provided as Attachment 1, beginning on page 20 in the Agreement. All fees and payments for additional Scope of Work, if required, shall be negotiated. IV. PERIOD OF AGREEMENT The services of the COUNCIL are to commence upon execution of this agreement. V. MODIFICATION OF AGREEMENT A. Either party may request changes in the services or Scope of Work to be performed by the COUNCIL pursuant to this Agreement,including adjustments in the funds provided under the Agreement if necessary and appropriate. Such changes mutually agreed upon by and between the CITY and the COUNCIL shall be incorporated in written amendments to this Agreement signed by both parties. B. Any extensions of the Agreement shall be mutually agreed upon by and between the CITY and the COUNCIL and shall be incorporated in written amendments to this Agreement signed by both parties. VI. TERMINATION A. This Agreement may be terminated by written mutual consent of the parties. B. Either party may terminate this Agreement upon written notice of thirty (30) days. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. C. In the event the Agreement is terminated, the COUNCIL shall be reimbursed in the amount commensurate with the work satisfactorily accomplished on the effective date of termination. VII. COMPLIANCE WITH LAWS The COUNCIL warrants, represents, and agrees that it will comply with all federal, state, and local laws, rules, and regulations applicable to the fulfillment of the requirements of this Agreement. VIII. PERSONNEL A. The COUNCIL represents that it has, or will secure at its own expense, personnel necessary to perform the services under this Agreement. B. The COUNCIL shall continuously staff the project with personnel as deemed necessary by the COUNCIL to fulfill its obligations under this Agreement.Qualified persons may be added,deleted,or substituted at any time during the period of this Agreement,as the COUNCIL may deem necessary or appropriate. 2 • • IX. DATA TO BE FURNISHED TO COUNCIL Upon reasonable request of the COUNCIL, the CITY shall provide to the COUNCIL all information, data reports, plans, policies, records, and maps in its possession, or which become available to it,that are necessary for the execution of Work of the COUNCIL under this Agreement. X. RIGHT TO WORK PRODUCTS Copies of all of work products shall become the property of the CITY. XI. ASSIGNMENT This Agreement shall not be assignable. XII. EMPLOYMENT ELIGIBILITY VERIFICATION (a)Definitions. As used in this paragraph Employee assigned to this Agreement means an employee who was hired after November 6, 1986,who is directly performing work, in the United States, under this Agreement. An employee is not considered to be directly performing work under this Agreement if the employee— (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the agreement. Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of this Agreement or a subcontract under this Agreement. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for COUNCIL or another subcontractor. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the United States Virgin Islands. (b)Enrollment and verification requirements. (1) The COUNCIL must be enrolled in E-Verify at time of execution of this Agreement, and the COUNCIL shall use E-Verify to initiate verification of employment eligibility of— (i)All new employees. (A) Enrolled 30 calendar days or more. The COUNCIL shall initiate verification of employment eligibility of all new hires of the COUNCIL, who are working in the State of Florida, whether or not assigned to this Agreement, within three (3)business days after the date of hire; or 3 • • (B) Enrolled less than 30 calendar days. Within 30 calendar days after enrollment in E-Verify, the COUNCIL shall initiate verification of employment eligibility of all new hires of the COUNCIL who are working in the State of Florida, whether or not assigned to this Agreement, within three (3) business days after the date of hire. (ii)Employees assigned to this Agreement. For each employee assigned to this Agreement, the COUNCIL shall initiate verification of employment eligibility, to the extent allowed by the E-Verify program, within 30 calendar days after date of execution of this Agreement or within 30 days after assignment to this Agreement,whichever date is later. (2)The COUNCIL shall comply, for the period of performance of this Agreement, with the requirements of the E-Verify program Memorandum of Understanding (MOU). Termination of the COUNCIL's MOU and denial of access to the E- Verify system by the Department of Homeland Security or the Social Security Administration or the U.S. Citizenship and Immigration Service is an event of default under this Agreement. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the U.S. Citizenship and Immigration Service's Web site: http://www.uscis.gov. (d) Individuals previously verified. The COUNCIL is not required by this paragraph to perform additional employment verification using E-Verify for any employee whose employment eligibility was previously verified by the COUNCIL through the E-Verify program. (e) Subcontracts. The COUNCIL shall include, and shall require the inclusion of, the requirements of this paragraph, including this subparagraph(e)(appropriately modified for identification of the parties), in each subcontract that includes work performed in the United States under this Agreement. XVI. SUBCONTRACTS The COUNCIL shall report on performance, account for proper use of funds provided under this Agreement (including the provision of audit rights pursuant to Auditing and Records (where applicable). The COUNCIL shall only expend funding under this agreement for allowable costs resulting from obligations incurred during the AGREEMENT period. XV. DISCRIMINATORY VENDOR The COUNCIL affirms it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the COUNCIL been placed on the Discriminatory Vendor List. The COUNCIL further agrees that it shall not violate such law during the term of this Agreement. 4 • • XVI. NON-DISCRIMINATION The COUNCIL shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry,or age. XVII. HARASSMENT-FREE WORKPLACE The COUNCIL shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. XVIII. PUBLIC ENTITY CRIMES The COUNCIL affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the COUNCIL been convicted for a Public Entity Crime. The COUNCIL agrees it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in termination of this Agreement in accordance with Section 287.133(4). XIX. LOBBYING The COUNCIL shall not use any funds received pursuant to this Agreement for lobbying the Florida Legislature,the judicial branch, or any state agency. XX. INFORMATION RELEASE (PUBLIC RECORDS ACCESS) The CITY AND COUNCIL agree that the COUNCIL shall comply with Florida's public records law to specifically include: A. The COUNCIL shall comply with Florida Public Records law under Chapter 119,F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. The COUNCIL shall keep and maintain public records required to perform the services under this Agreement. B.This Agreement may be unilaterally canceled by the CITY for refusal by the COUNCIL to either provide public records to the CITY upon request, or to allow inspection and copying of all public records made or received by the COUNCIL in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. C. If the COUNCIL meets the definition of"Contractor"found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify Contractor of the request,and the COUNCIL must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time. If the COUNCIL fails to provide the public records to the CITY within a reasonable time, 5 • • Contractor may be subject to penalties under s. 119.10, F.S. ii. Upon request from the CITY's custodian of public records, the COUNCIL shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. iii. The COUNCIL shall identify and ensure that all 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 Agreement term and following completion of the Agreement if the COUNCIL does not transfer the records to the CITY. iv. Upon completion of the Agreement, Contractor shall transfer, at no cost to CITY, all public records in possession of Contractor or keep and maintain public records required by the CITY to perform the services under this Agreement. If the COUNCIL transfers all public records to the CITY upon completion of the Agreement, the COUNCIL shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the COUNCIL shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to CITY, upon request from the CITY's custodian of public records, in a format that is accessible by and compatible with the information technology systems of CITY. D. IF THE COUNCIL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS BY TELEPHONE AT 863- 763-3372 ext. 9814, BY EMAIL AT LGAMIOTEA ar,CITYOFOKEECHOBEE.COM, OR AT THE MAILING ADDRESS BELOW: LANE GAMIOTEA, CMC, CITY CLERK CITY OF OKEECHOBEE, CITY HALL 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 XXI. TERMS AND CONDITIONS This Agreement and attachments incorporated by reference constitute all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the CITY and the COUNCIL have caused this Agreement to be 6 • • executed by their undersigned officials as duly authorized. CITY OF OKEECHOBEE By: Attest: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk CENTRAL FLORIDA REGIONAL PLANNING COUNCIL By: Jennifer Codo-Salisbury, Executive Director Witness APPROVED AS TO LEGAL FORM AND SUFFICIENCY: City Attorney Council Attorney 7 • • Attachment A Community Planning Technical Assistance Grant Agreement State of Florida, Department of Commerce Agreement# P0497 See Exhibit 5 8