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HomeMy WebLinkAbout05/12/2020BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 12, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Father Dave Newhart, Rector, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Recognizing May 10 Through 16, 2020 as National Police Week Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION May 12, 2020 Page 1 of 4 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 24, 2020 to April 30, 2020 Attachments: Finance Department Staff Report 8.B. Jesse R. Almand, Summer P. Almand, Richard Lefebure, and Abigail Lefebure's Request for Affidavit of Exemption Approval with Dedications to the County [AOE-19-12-05 / 99080143-85359] (Almand AOE) Attachments: Staff Report Location Map Affidavit of Exemption Layout 8.C. Approval of FWC Grant for Indian River County Derelict Vessel Removal Project Attachments: Staff Report FWC Grant Agreement FWC Grant Form Removal Maps 8.D. Sector 3 Beach and Dune Nourishment Project (IRC1925), APTIM, Work Order No. 2018006-7, Pre -Construction Services Attachments: Staff Report APTIM WO# 2018006-7 APTIM Scope, WO# 2018006-7 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources May 12, 2020 Page 2 of 4 E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. County Attorney's Annual Employment Agreement Attachments: Staff Report Contract (2020-2021) 13.B. School District Resolution Directing County to Place a Referendum on the Primary Election Ballot Attachments: Staff Report Proposed Resolution School Board Resolution 2020-9 13.C. Termination of Tower Structure Lease Agreements for 1340 Old Dixie Highway and 810 Bailey Drive Attachments: Staff Report 13.D. Purchase of a parcel of right-of-way located at 4740 58th Avenue, Vero Beach, Florida, owned by Paulette Brown Attachments: Staff Report sketch/description for right-of-way 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari Commissioners Open Dialogue 14.F. Commissioners Open Dialogue Attachments: Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board May 12, 2020 Page 3 of 4 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County 's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 12, 2020 Page 4 of 4 PROCLAMATION RECOGNIZING MAY 10 THROUGH 16, 2020 AS NATIONAL POLICE WEEK �A. WHEREAS, there are more than 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Indian River County Sheriff's Office and Indian River County municipal police departments; and WHEREAS, in 1962, President John F. Kennedy signed a proclamation which designated May 15th as National Peace Officers Memorial Day and the week in which that date falls as National Police Week; and WHEREAS, on average, one law enforcement officer is killed in the line of duty somewhere in the United States every 61 hours. Since the first known line -of -duty death in 1791, more than 24,000 U.S. law enforcement officers have made the ultimate sacrifice; and WHEREAS, over the past decade (2009-2019) the average annual number of officer fatalities has been 158. In 2019, 146 law enforcement officers died in the line of duty; additionally 28 canines died in the line of duty; and WHEREAS, the National Law Enforcement Officers Memorial Fund honors and remembers those recently fallen law enforcement officers who have paid the ultimate price and given their lives to protect and serve; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 10-16, 2020 is recognized as National Police Week in honor of the service of law enforcement officers in our community and communities across the nation and May 15 is recognized as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at Half -Staff. Adopted this 12th day of May, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Peter D. O'Bryan Bob Solari Tim Zorc 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 30, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 24, 2020 to April 30, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 24, 2020 to April 30, 2020. 2 TRANS NBR 394750 394751 394752 394753 394754 394755 394756 394757 394758 394759 394760 394761 394762 394763 394764 394765 394766 394767 394768 394769 394770 394771 394772 394773 394774 394775 394776 394777 394778 394779 394780 394781 394782 394783 394784 394785 394786 394787 394788 394789 394790 394791 394792 394793 394794 394795 394796 394797 394798 394799 394800 394801 394802 394803 394804 394805 394806 394807 DATE 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 CHECKS WRITTEN VENDOR PAUL CARONE WILLIE C REAGAN TREASURE COAST HOMELESS SERVICES LARRY STALEY DAVID SPARKS THE PALMS AT VERO BEACH JOHN OLIVIERA ARTHUR PRUETT MICHAEL JAHOLKOWSKI STEVEN RENNICK ROBERT L BRACKETT SUNCOAST REALTY & RENTAL MGMT LLC SYLVESTER MC INTOSH MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN FIVE STAR PROPERTY HOLDING LLC VAL APTS LLC AUGUSTUS B FORT JR VERO BEACH PLACE LLC HELPING HANDS REAL ESTATE & INVESTMENT CO ALIX DENEAU NKW PIP HOLDINGS I LLC MAXIPLEX LLC RANDY BETHEL BRANDON ROVER HUDSON CONSULTING & MANAGEMENT LLC PALMETTO PROPERTY MANAGEMENT CORP HAMID SILMANE PAMELA CHAVEZ PHILIPPE ALEXANDER STANLEY L JENNINGS SHARON P BRENNAN JANINA M GIORGIO CORNELIA H LAHEY IXORIA LLC CARLINGTON A GOFFE DEEP REAL ESTATE INC SHAUNA WALGRAVE A PLUS PROPERTY MANAGEMENT INC ORCHARD GROVE VENTURE LLC GEORGIA KING LLC BREGO PROPERTIES LLC BCAG LLC SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC YELLOW RING HOLDINGS LLC SREIT LEXINGTON CLUB LLC VERO BEACH LEASED HOUSING ASSOC III LLLP SUNCOAST WELDING SUPPLIES INC COMMUNICATIONS INTERNATIONAL SSES INC LENGEMANN CORP RANGER CONSTRUCTION IND INC RICOH USA INC RICOH USA INC HENRY SCHEIN INC AT&T WIRELESS AT&T WIRELESS GRAINGER AMOUNT 4,341.00 2,363.00 5,551.06 593.00 1,407.00 2,377.00 856.00 756.00 547.00 661.00 780.00 641.00 365.00 1,748.00 2,419.00 830.00 886.00 641.00 2,133.00 4,150.00 750.00 2,868.00 2,878.00 751.00 2,166.00 868.00 935.00 750.00 744.00 700.00 762.00 556.00 885.00 1,126.00 711.00 703.00 487.00 950.00 795.00 3,399.00 757.00 1,950.00 249.00 758.00 791.00 3,963.00 807.00 524.15 88.00 208.68 260.71 1,097.66 0.00 111.66 3,469.86 862.24 713.58 10,651.52 3 TRANS NBR 394808 394809 394810 394811 394812 394813 394814 394815 394816 394817 394818 394819 394820 394821 394822 394823 394824 394825 394826 394827 394828 394829 394830 394831 394832 394833 394834 394835 394836 394837 394838 394839 394840 394841 394842 394843 394844 394845 394846 394847 394848 394849 394850 394851 394852 394853 394854 394855 394856 394857 394858 394859 394860 394861 394862 394863 394864 394865 394866 394867 DATE 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 VENDOR AMOUNT KELLY TRACTOR CO 2,861.98 REPUBLIC SERVICES INC 244,295.50 WILD LAND ENTERPRISES INC 14.35 PETES CONCRETE 3,200.00 EXPRESS REEL GRINDING INC 1,650.00 TIRESOLES OF BROWARD INC 2,177.95 CALL ONE INC 110.00 BAKER & TAYLOR INC 663.86 METTLER TOLEDO INC 795.10 K & M ELECTRIC SUPPLY 865.52 BAKER DISTRIBUTING CO LLC 15.06 PALM TRUCK CENTERS INC 1,085.04 SUNSHINE REHABILATION CENTER OF IRC INC 2,150.00 ENNIS-FLINT INC 6,093.25 CLERK OF CIRCUIT COURT 2,039.50 INDIAN RIVER COUNTY HEALTH DEPT 59,762.91 VICTIM ASSISTANCE PROGRAM 6,018.16 ROGER J NICOSIA 1,500.00 CITY OF VERO BEACH 2,486.66 CITY OF VERO BEACH 921.96 CITY OF VERO BEACH 2,208.00 CITY OF VERO BEACH 11,675.00 INDIAN RIVER ALL FAB INC 650.00 EBSCO INDUSTRIES INC 6,217.91 TREASURE COAST HOMELESS SERVICES 719.06 HENRY FISCHER & SONS INC 380.00 WAL MART STORES EAST LP 223.28 ACUSHNET COMPANY 284.20 GEOSYNTEC CONSULTANTS INC 8,473.04 FEDERAL EXPRESS CORP 6.90 TIMOTHY ROSE CONTRACTING INC 294,750.00 FLORIDA POWER AND LIGHT 65,423.13 FLORIDA POWER AND LIGHT 6,302.81 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 STATE ATTORNEY 25,119.64 CITY OF FELLSMERE 44.72 GOLF VENTURES INC 839.99 INDIAN RIVER FARMS WATER CNTRL DIST 130.00 INDIAN RIVER FARMS WATER CNTRL DIST 797.50 INDIAN RIVER FARMS WATER CNTRL DIST 910.00 INDIAN RIVER FARMS WATER CNTRL DIST 1,262.50 ARNOLD AIR CONDITONING INC 194.00 DONADIO AND ASSOCIATES ARCHITECTS PA 585.00 BRIDGESTONE AMERICAS INC 784.45 SCHOOL DISTRICT OF I R COUNTY 2,664.00 ST LUCIE COUNTY BOCC 37,658.83 ARCADIS U S INC 11,745.00 TRANE US INC 14,598.00 ANIXTER INC 368.75 THE CLEARING COMPANY LLC 21,925.00 BIG BROTHERS AND BIG SISTERS 1,250.00 BIG BROTHERS AND BIG SISTERS 7,371.91 DASIE BRIDGEWATER HOPE CENTER INC 4,430.20 FLORIDA RURAL LEGAL SERVICES INC 2,287.63 SOUTHERN JANITOR SUPPLY INC 1,824.43 ETR LLC 565.64 HEVERON GROUP INC 2,100.00 GLOVER OIL COMPANY INC 9,834.68 GERELCOM INC 148,705.97 LAZY J LLC 500.00 4 TRANS NBR 394868 394869 394870 394871 394872 394873 394874 394875 394876 394877 394878 394879 394880 394881 394882 394883 394884 394885 394886 394887 394888 394889 394890 394891 394892 394893 394894 394895 394896 394897 394898 394899 394900 394901 394902 394903 394904 394905 394906 394907 394908 394909 394910 394911 394912 394913 394914 394915 394916 394917 394918 394919 394920 394921 394922 394923 394924 394925 394926 394927 DATE 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/27/2020 VENDOR AMOUNT KWACKS INC 1,584.00 YOUTH GUIDANCE DONATION FUND 2,083.33 OKEECHOBEE PARTNERS LLC 1,614.00 GUARDIAN FUELING TECHNOLOGIES 939.50 DE LA HOZ BUILDERS INC 11,704.00 ALAN JAY CHEVROLET CADILLAC 38,327.00 NEWSOM OIL COMPANY 604.00 WILD TURKEY ESTATES OF VERO LLC 3,863.44 MUNICIPAL EMERGENCY SERVICES INC 830.75 KYLE ANDERSON 1,125.00 ADAMS FENCE 2 LLC 1,150.00 BURNETT LIME CO INC 9,634.80 TREASURE COAST TURF INC 28.50 STRAIGHT OAK LLC 17.95 QUICKSERIES PUBLISHING INC 4,985.00 CHEMTRADE CHEMICALS CORPORTATION 5,746.62 TRINOVA -FLORIDA INC 4,586.76 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,192.00 CATHEDRAL CORPORATION 16,500.00 UNIFIRST CORPORATION 69.50 UNIFIRST CORPORATION 309.56 H&H SHADOWBROOK LLC 657.00 SCHUMACHER AUTOMOTIVE DELRAY LLC 928.50 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 324.17 GOTTA GO GREEN ENTERPISES INC 155.92 HYDROMAX USA LLC 12,848.28 BARSALOU VENTURES LLC 150.00 CROSSOVER MISSION 5,832.67 AC VETERINARY SPECIALTY SERVICES 45.00 COLE AUTO SUPPLY INC 2,016.84 FLORIDA BULB & BALLAST INC 4,895.40 ENVIRONMENTAL OPERATING SOLUTION INC 8,092.00 CORE & MAIN LP 47,010.25 ABISCOM INC 430.26 TETRA TECH INC 1,764.99 HINTERLAND GROUP INC 35,010.00 JACK KLEIN ASSOCIATES INC 30,964.50 AMAZON CAPITAL SERVICES INC 1,397.65 W&J CONSTRUCTION CORP 177,212.56 PIRATE PEST CONTROL LLC 119.00 ALL RITE WATER PURIFICATION INC 10.62 AMERIGAS PROPANE LP 5,694.44 JORDAN POWER EQUIPMENT CORP 363.89 LIFE EXTENSION CLINICS INC 107,835.00 CK CONTRACTORS & DEVELOPMENT LLC 101,210.00 LIBERTY TIRE RECYCLING LLC 7,041.61 MULLINAX FORD OF VERO BEACH 6,476.16 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 240.00 INVASIVE PLANT ERADICATORS LLC 642.94 BLUE GOOSE CONSTRUCTION LLC 391.30 BLUE GOOSE CONSTRUCTION LLC 8,663.79 LOWES COMPANIES INC 547.06 PEOPLEREADY INC 2,080.00 GOMEZ BROTHERS ENTERPRISES INC 486.00 DEX IMAGING LLC 25.00 TRUE DIGITAL SECURITY INC 1,136.72 GROVE ISLE CONDO ASSOCIATION 19,321.54 I BUY PROPERTIES FAST LLC 350.00 TIM MC KERCHER 100.00 RANGER CONSTRUCTION IND INC 2,087.78 5 TRANS NBR 394928 394929 394930 394931 394932 394933 394934 394935 394936 394937 394938 394939 394940 394941 394942 394943 394944 394945 394946 394947 394948 394949 394950 394951 394952 394953 394954 394955 394956 394957 394958 394959 394960 394961 394962 394963 394964 394965 394966 394967 394968 394969 394970 394971 394972 394973 394974 394975 394976 394977 394978 394979 394980 394981 394982 394983 394984 394985 394986 394987 DATE 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 VENDOR VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC RICOH USA INC AT&T WIRELESS E -Z BREW COFFEE & BOTTLE WATER SVC CHILDCARE RESOURCES OF IRC INC JIMMYS AIR & REFRIGERATION INC SOFTWARE HARDWARE INTEGRATION TINDALE-OLIVER & ASSOCIATES INC WESTSIDE REPROGRAPHICS OF VERO BEACH INC FLORIDA WATER RESOURCES JOURNAL INC KEEP INDIAN RIVER BEAUTIFUL INC RUSSELL PAYNE INC SYNAGRO-WWT INC SOUTHERN JANITOR SUPPLY INC MASTELLER & MOLER INC RICHARD SCHLITT DUPERON CORPORATION WINSUPPLY OF VERO BEACH NAPIER & ROLLIN PLLC MASCHMEYER CONCRETE COMPANY OF FLORIDA UNIFIRST CORPORATION RECYCLING ROCKS LLC WOERNER AGRIBUSINESS LLC PREMIER LANDSCAPE SOLUTIONS OF IR LLC PIRATE PEST CONTROL LLC BLUE GOOSE CONSTRUCTION LLC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC BARTOW FORD CO VERO BEACH LEASED HOUSING ASSOC III LLLP GARY MILLER ENERGY & IMPACT SOLUTIONS LLC COMMUNICATIONS INTERNATIONAL GENES AUTO GLASS INC BOUND TREE MEDICAL LLC TIRESOLES OF BROWARD INC BAKER & TAYLOR INC BAKER DISTRIBUTING CO LLC CITY OF VERO BEACH FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT MEDICARE PART B FINANCIAL SERVICES UNITED HEALTH CARE INS COMPANY AETNA BLUE CROSS BLUE SHIELD HUMANA GLOVER OIL COMPANY INC ACCENT BC BS OF MICHIGAN GLOBALSTAR USA FISHER & PHILLIPS LLP WAYNE L PALMER TURGEON, ROLAND & MARIETTE BILLYS AUTO SERVICE INC HAYHURST LAND SURVEYING INC FLORIDA MEDICAID BRANDIT CORPORATION C E R SIGNATURE CLEANING AMOUNT 632.50 162.98 207.73 1,511.39 245.00 1,380.97 17,700.00 420.08 3,647.75 140.60 540.00 7,429.99 473.43 38,761.98 2,528.38 18,830.00 500.00 853.73 331.80 45.00 993.96 68.50 1,600.00 280.00 9,000.00 617.00 164,373.36 507.44 1,040.00 103.50 65,783.89 450.00 79.88 13.08 36,321.60 300.00 5,225.58 455.81 2,115.05 243.00 1,671.59 61,852.53 25,881.24 228.59 400.00 106.09 459.51 255.42 9,925.17 522.33 59.77 189.39 14,609.20 150.00 97.56 2,119.84 2,400.00 162.48 449.28 2,600.00 6 TRANS NBR 394988 394989 394990 394991 394992 394993 394994 394995 394996 394997 394998 394999 395000 395001 395002 395003 395004 395005 395006 395007 395008 395009 395010 Grand Total: DATE 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/30/2020 VENDOR BIO CHEM INDUSTRIES INC HAWKINS INC SUNSHINE HEALTH PLAN MEDICAID CROSSOVER MISSION COVERALL NORTH AMERICA INC GRAVES INJURY LAW KREMEDY LLC DAY DREAMS UNIFORMS INC DJD EQUIPMENT HOLDINGS LLC CHANGE HEALTHCARE LLC AMAZON CAPITAL SERVICES INC JORDAN POWER EQUIPMENT CORP INVASIVE PLANT ERADICATORS LLC GOMEZ BROTHERS ENTERPRISES INC INDIAN RIVER ECO -DISTRICT LLC LANE C THOMAS MARIANNA S HOYT AMICA MUTUAL INSURANCE ARDALION J GUZMAN GRACE J YOUNG LANETTE L DEAMBROSE MARION L STREETER FIRE MARSHALS SUPPORT SERVICES LLC AMOUNT 704.40 725.00 131.93 168.63 2,157.67 171.45 2,552.00 258.70 938.44 41,295.88 3,121.12 3.05 321.47 1,408.00 30,916.67 15.67 106.08 227.90 76.88 14.94 127.60 223.97 39.90 2,417,251.94 7 TRANS. NBR 1016530 1016531 1016532 1016533 1016534 1016535 1016536 1016537 1016538 1016539 1016540 1016541 1016542 1016543 1016544 1016545 1016546 1016547 1016548 1016549 1016550 1016551 1016552 1016553 1016554 1016555 1016556 1016557 1016558 1016559 1016560 1016561 1016562 1016563 1016564 1016565 1016566 1016567 1016568 1016569 1016570 1016571 1016572 1016573 1016574 1016575 1016576 1016577 1016578 1016579 1016580 1016581 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 04/29/2020 VENDOR HELENA CHEMICAL COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC APPLE INDUSTRIAL SUPPLY CO ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC APPLE MACHINE & SUPPLY CO COMPLETE ELECTRIC INC CUMMINS INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC HYDRA SERVICE (S) INC COUNTY MATERIALS CORPORATION EFE INC PARKS RENTAL & SALES INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC RING POWER CORPORATION MIKES GARAGE & WRECKER SERVICE INC ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP SOUTHERN COMPUTER WAREHOUSE INC THYSSENKRUPP ELEVATOR CORPORATION TOTAL TRUCK PARTS INC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC RECHTIEN INTERNATIONAL TRUCKS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC GUARDIAN ALARM OF FLORIDA LLC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUSINESS SOLUTIONS INC AT&T CORP WASTE MANAGEMENT INC OF FLORIDA AT&T CORP OFFICE DEPOT INC COMCAST COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY DAVES SPORTING GOODS & TROPHIES SMITH BROTHERS CONTRACTING EQUIP ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC APPLE MACHINE & SUPPLY CO CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC HYDRA SERVICE (S) INC EFE INC AMOUNT 1,982.29 439.01 1,692.85 229.50 86.34 378.00 7,420.20 148.04 72.20 712.50 450.00 417.48 514.21 9,439.24 6,204.16 171.12 308.00 131.45 166.50 205.81 255.00 205.00 2,598.56 1,545.98 8,472.00 3,742.72 165.04 1,410.00 229.90 1,765.30 950.24 450.00 85.00 4,467.50 68.91 678.74 1,938.12 1,133.82 4,617.33 156.74 172.84 394.35 3,275.00 140.05 2,347.25 12,576.00 190.01 809.82 696.65 2,381.28 1,762.95 2,336.51 93,187.51 8 TRANS NBR 7616 7617 7618 7619 7620 7621 7622 7623 7624 7625 7626 7627 7628 7629 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/24/2020 04/27/2020 04/27/2020 04/27/2020 04/27/2020 04/28/2020 04/29/2020 04/30/2020 04/30/2020 VENDOR CDM SMITH INC NATIONAL METERING SERVICES INC KIMLEY HORN & ASSOC INC RX BENEFITS INC CDM SMITH INC COALITION FOR ATTAINABLE HOMES INC CHARD SNYDER & ASSOCIATES INC WEST HEALTH ADVOCATE SOLUTIONS INC WEST HEALTH ADVOCATE SOLUTIONS INC HUMANE SOCIETY NATIONAL METERING SERVICES INC RX BENEFITS INC MUTUAL OF OMAHA ALLSTATE AMOUNT 31,085.00 74,558.70 144,278.50 756.64 2,400.00 1,805.00 323.60 1,526.25 1,938.90 13,540.00 44,853.75 246,016.93 7,483.40 175.92 570,742.59 9 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Mary Jane Vreeland; Planner, Current Development DATE: April 28, 2020 SUBJECT: Jesse R. Almand, Summer P. Almand, Richard Lefebure, and Abigail Lefebure's Request for Affidavit of Exemption Approval with Dedications to the County [AOE-19-12-05 / 99080143-85359] (Almand AOE) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 12, 2020. DESCRIPTION, CONDITIONS, & ANALYSIS: Velcon Engineering & Surveying, LLC., on behalf of Jesse and Summer Almand, and Richard and Abigail Lefebure, the owners of the subject property, submitted an application for an Affidavit of Exemption (AOE). The project consists of three lots on 19.79 acres of land situated on the south side of 41St Street, approximately one-half mile west of 66th Avenue (Attachment 1). The property is zoned A-1, Agricultural -1 (up to 1 dwelling unit/5 acres), and has an AG -1 Agricultural -1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that a limited access easement would be required along the project's 415L Street frontage, except for one shared driveway that will provide access to the three lots. The purpose of the limited access easement is to control the number of driveway connections to the publicly owned and maintained right-of-way. Dedication of the limited access easement to the Board will allow the County to enforce use of the common entrance connections to 41st Street for all lots within the Almand AOE. Normally an AOE may be approved at staff level; however, dedication of a 5' limited access easement to the Board of County Commissioners requires Board acceptance of the easement. Once accepted by the Board, staff may concurrently approve the AOE and the appropriate documents may be recorded in the public records. The recordable Almand AOE plan accurately depicts the required limited access easement, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. Also, the dedication language has 10 been reviewed and approved by the County Attorney's office. The Board may now consider acceptance of the dedication of the limited access easement from the property owners as part of the AOE approval. RECOMMENDATION: Based on the provided analysis, staff recommends that the Board of County Commissioners accept the dedication of the limited access easement and authorize the chairman to execute the subject Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. Affidavit of Exemption Layout 11 J 70TH AV ((OWERLUP•E RD) , (Gel 3O6N01^1) /W H199 Q N •0 ,Z6 96Z M.66.Z1.00S m sx! 3ACZllpN F .8896Z! 3.9E.Z1AON 410Vtll 103NI11Stl3 LL 1SY3 31110 3NIl ATf31S 8 .10i01 MSZLXs 22 tl USIOZ 88 82 28.8 gc. TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Sea Turtle Environmental Specialist SUBJECT: Approval of FWC Grant for Indian River County Derelict Vessel Removal Project DATE: May 7, 2020 DESCRIPTION AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) has awarded Indian River County a $22,100 Bulk Derelict Vessel Removal Grant to cover the costs associated with the removal and disposition of seven (7) derelict vessels from the Indian River Lagoon within the jurisdictional boundaries of Indian River County. Officers from FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101 (3) and 823.11, Florida Statutes. The derelict designation from FWC allows the County to have the vessels removed and disposed of, improving boating safety and removing these hazards to navigation. CCNK LLC has been selected as the contractor to perform the removal and disposition of the derelict vessels. FWC prepared the grant agreement (Agreement No. 19240) and forwarded it to the County for review and execution. FUNDING The cost to remove and dispose of the seven (7) derelict vessels totals $22,100. The FWC Grant will provide the County with 100% reimbursement of the associated costs not to exceed $22,100. This task is budgeted for in the Florida Boating Improvement Program — Other Contractual Service Account# 13321072-033490. RECOMMENDATION Staff recommends that the Board of County Commissioners approve Agreement No. 19240 in the amount of $22,100 and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS FWC Grant Agreement No. 19240 FWC19240_GrantForm IRC DV Removal Maps APPROVED AGENDA ITEM FOR: May 12, 2020 14 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT NO. 19240 CFDA Title(s): N/A CFDA No(s).: N/A Name of Federal Agency(s): N/A Federal Award No(s): N/A Federal Award Year(s): N/A Federal Award Name(s): N/A CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s).: 77005 State Award No(s).: 19240 State Award Year(s): 2019-2020 State Award Name(s): Indian River County Derelict Vessel Removal Project This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Indian River County BOCC, FEID # 59-6000674, whose address is 1801 27th Street, Bldg A, Vero Beach, Florida 32960, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to remove derelict vessels from the waters of the state; and, WHEREAS, Grantee has been awarded Bulk Derelict Vessel Removal Grant 19240; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. 15 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall remain in effect through 09/30/2020. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $22,100.00. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager identified in Paragraph ten (10), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). 16 C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph ten (10), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: http://www.fldfs.com/aadir/direct deposit web/Vendors.htm 17 Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342- 2762. 5. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F. S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed. to Grantee by the Commission. In the event the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. Grantee is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 18 7. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment B, Audit Requirements. Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 8. TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. D. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed and any non - cancellable obligations properly incurred prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time 19 frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: Grant Manager Phil Horning Derelict Vessel Program Administrator Fish and Wildlife Conservation Commission 620 S. Meridian Street, Room 235I Tallahassee, Florida 32399 (850) 617-9540 Direct (850) 488-9284 Fax Phil.Horning@MyFWC.com 11. AMENDMENT. FOR THE GRANTEE: Grant Manager Quintin Bergman Environmental Specialist Indian River County BOCC 1801 27th Street, Bldg A Vero Beach, Florida 32960 (772) 226-1648 Office (772)778-9391 Fax qbergman@ircgov.com A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. 20 A. Intellectual and Other Intangible Property. i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexisting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A, Scope of Work. Title to state-owned real property remains vested in the state. Title to federally -owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally -owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non -Expendable Property. The following provisions apply to the extent that the grant allows the acquisition of non -expendable property. i. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non -expendable nature, with a value or cost of $1,000.00 or more, and a normal expected life of one (1) year or more; hardback -covered bound books that are 21 circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the acquisition of equipment and supplies. i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed 13. RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to 22 another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 14. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due." C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. 23 B. Convicted Vendors. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Grantee shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: http://www.dms.myflorida.com/business operations/state purchasing/vendorinformation/co nvicted suspended_discriminatory complaints vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. C. Vendors on Scrutinized Companies List. i. Scrutinized Companies. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "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." Section 287.134(2)(a), F.S.. Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to 24 the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. 16. INSURANCE. The Grantee warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 17. SPONSORSHIP. As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this grant is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 18. PUBLIC RECORDS. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. B. If the Grantee meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Grantee shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodian(amyfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 25 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission 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, F.S. or as otherwise provided by law. iv. 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 records to the Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission 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 records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Grantee, and any subcontractor to the Grantee, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Grantee's compliance with the terms of this or any other agreement between the Grantee and the State which results in the suspension or debarment of the Grantee. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 20. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 21. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this 26 Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in the Scope of Work, these records shall be maintained for five (5) fiscal years following the close of this Agreement, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records- management/general-records-schedules/), whichever is longer. Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: http://www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment B, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 23. FEDERAL COMPLIANCE. As applicable, Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: i. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). ii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. iii. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. iv. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means 27 whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. v. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and foreign commerce of listed species. 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Contract to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. C. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. D. Copeland "Anti -Kickback Act. The Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to contracts awarded by a non -Federal entity in excess of $100,000.00 that involve employment of mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by any mean, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR Part 401. If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37 28 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. I. Prohibition against Lobbying. i. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. The Grantee also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Grantee with respect to this Contract and its related federal contract, grant, loan, or cooperative agreement; or, if the Grantee has engaged any registrant with respect to this Contract and its related Federal contract, grant, loan, or cooperative agreement, the Grantee shall, prior to or upon execution of this Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Grantee shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Grantee shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. ii. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. J. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). 29 K. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Grantee attests and certifies that the Grantee will provide a drug-free workplace compliant with 41 U.S.C. 81. 25. CONTRACT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. 26. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or 30 registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. INDEMNIFICATION. If Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If Grantee is not a state agency or subdivision as defined above, Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors, provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for, and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and employees, for actions caused in whole or in part, by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement. 28. NON-DISCRIMINATION. No person, on the grounds of race, creed, color, national origin, age, sex, 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. 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 31 30. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 31. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Grantee during the Agreement term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to employers to use E -Verify. The Department of Homeland Security's E -Verify system can be found online at http://www.dhs.gov/files/programs/gc 1185221678150.shtm C. Enrollment in E -Verify. If Grantee does not have an E -Verify MOU in effect, the Grantee must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement. D. E -Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E - Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). 32 E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Agreement believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission 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 the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from 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 the Agreement in whole or in part. 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A. 36. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; 33 this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY BOCC FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SIGNATURE Name: Title: Date: Attachments in this Agreement include the following: SIGNATURE Name: Title: Date: Approved as to form and legality by FWC Attorney: SIGNATURE Attachment A Scope of Work Attachment B Requirements of the Federal and Florida Single Audit Acts Exhibit 1 Federal and State Funding Detail Attachment C Cost Reimbursement Contract Payment Requirements Attachment D Derelict Vessel Removal Best Management Practices Attachment E Letter of Return on Investment for the State Attachment F Sample Invoice Form Attachment G Monthly Progress Report Attachment H Certificate of Completion 34 1. PROJECT DESCRIPTION A. Purpose: The purpose of this project is to remove and dispose of seven derelict vessels from the public waters of the state within the jurisdiction of Indian River County, Florida. B. Project Benefits: The removal and disposal of these derelict vessels will improve boating safety by removing hazards to navigation. This project will also help to restore sensitive marine resources and improve water quality. 2. DELIVERABLE(S) Removal and disposal of 7 derelict vessels from the public waters of the State within the jurisdiction of Indian River County, Florida. A. Tasks: The Grantee shall provide all labor, equipment, and materials to remove the derelict vessels listed below from the public waters of the state within the jurisdiction of Indian River County and properly dispose of the vessels in the designated disposal location: 1) FWNEI8OFF009604 Description: Off White 32' Endeavour Yacht Sailboat, Reg: FL1678GL HIN: ENC321040576 Location: 27 50.42082(N) / 080 29.64048(W) - Northside of Sebastian River, 1000 yards north of railroad bridge Disposal: Landfill 2) FWNE19OFF017731 Description: White 30' Unknown Catamaran, Reg: Unknown HIN: SYMQ33106885 Location: 27 49.66998(N) / 080 28.182(W) - IR3 Indian River, Sebastian Disposal: Landfill 3) FWNE19OFF017729 Description: White 33' Cabin Cruiser, Reg: FL3542JR HIN: STN02480M82A Location: 27 49.66998(N) / 080 28.182(W) - IR3 Indian River, Sebastian Disposal: Landfill 35 4) FWNE19OFF015871 Description: Red 30' C&C Yachts Sailboat, Reg: DO577749 HIN: ZCC304040376 Location: 27 48.91338(N) / 080 28.00398(W) - Behind 1022 Indian River Dr., Sebastian Florida Disposal: Landfill 5) FWNE16OFF014476 Description: White 25' Erickson Sailboat, Reg: FL9340CU HIN: ERY25224M75D Location: 27 48.8364(N) / 080 27.3912(W) - Indian River, east of Sebastian Yacht Club, West Shoreline Disposal: Landfill 6) FWNE19OFF015332 Description: White 35' Catamaran, Vessel Name: "Good Golly Miss Molly" HIN: Unknown, Reg: Unknown Location: 27 48.291(N) / 080 27.44598(W) - IR9A Sebastian Disposal: Landfill 7) FWNE19OFF010463 Description: White 25' Sea Ray Cabin Cruiser, Reg: FL8859JJ HIN: SERM1454L788 Location: 27 39.49842(N) / 080 22.65828(W) - ICW North of SR 60 bridge on West bank Disposal: Landfill B. Documentation used as evidence of performance: The Grantee shall provide to the Commission a Final Disposition Report. This report shall contain the list of all derelict vessels removed, the disposition of each derelict vessel, and photographs that document the condition of each vessel prior to removal, the removal process for each vessel, and the final disposition of each vessel. 36 3. FINANCIAL CONSEQUENCES The Commission may restrict payment of any or all costs for failure to complete the project as described herein within the timeframe allowed, or for failure to correct any project deficiencies, as noted in the final project inspection. The final project inspection will be done by a Commission officer verifying that the entire vessel for each task has been removed according to the project plan. Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or before September 30, 2020, before close of business may jeopardize payment of funds to the Grantee per the agreement. 4. PERFORMANCE A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and returned to the Commission within 30 days of receipt. Failure to have the agreement returned within the specified time will render the agreement null and void. In some cases, the Commission will allow a modified return time with prior notice and approval from the Commission's Contract Manager. B. Commencement of Work: The Grantee shall commence work on the overall project as soon as notified by the Commission of the agreement execution. Failure by the Grantee to execute the work within 60 days of agreement execution shall result in the agreement being null and void, unless prior approval for a delay is granted by the Commission's Contract Manager. C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has already included in the application the quote provided by the contractor chosen for the task and the Commission will pay to the Grantee 100 percent of the quoted price for each task or 100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the selected contractor has adequate insurance and is qualified to do the work. A copy of the state's Derelict Vessel Removal Best Management Practices, attached as Attachment D, will provide guidance as to whether or not the selected contractor is qualified to do the work. D. Closeout: Final receipts with required evidence of completion will be received by the Commission's Contract Manager no later than September 30, 2020. 5. COMPENSATION AND PAYMENT A. Compensation: For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $22,100.00. The Grantee shall be 37 reimbursed only for budgeted expenses that are directly related to the removal and disposal of vessels within the project. B. Cost Share: The Grantee is not required to provide any cost share of the total cost of the project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The total compensation by the Commission shall be $22,100.00 or 100% of the total cost for the project, whichever is less. C. Salvage Value: The Grantee shall be entitled to the salvage value of any grant -designated derelict vessel or any part(s) or accessories thereof, not used in the construction of a permitted artificial reef site, excluding the hull. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the Grantee when determining the reimbursement request for the removal and disposal costs for each derelict vessel. Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials from such vessels must be removed from the vessels before being sold for salvage. By law, such salvage values must offset the cost of removal to be allowed. D. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis in accordance with 2011 Reference Guide for State Expenditures attached hereto and made a part hereof as Attachment C. The request for reimbursement shall include an invoice in a format similar to Attachment F, Sample Invoice Form, which shall include the FWC Agreement Number, the Grantee's Federal Employer Identification (FEID) Number, and the dates of service. The invoice shall be accompanied by Attachment H: Certificate of Completion, photographs to document project removal and destruction completion, an itemized list of all project expenditures, and copies of invoices and cancelled checks or check numbers to document payment for all project expenditures. 6. MONITORING A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission in its sole discretion determines that the Grantee failed to meet any of the terms or conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of notice. Failure to achieve 100% compliance with all of the terms and conditions of this Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the terms of the Agreement. B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the removal of project vessels. The Grantee shall notify the Commission's Contract Manager when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The 38 Commission's Contract Manager, or designee, shall inspect the work accomplished on the project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. All derelict vessel removal sites will be inspected by a Commission officer to verify the complete removal of the vessel as described in the Agreement. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the project, and identifying any problems that may have arisen and actions taken to correct such problems. Such reports shall be submitted on the Project Monthly Progress Report Form attached hereto and made a part hereof as Attachment G. Reports are due to the Commission's Contract Manager by the 15t of the month immediately following the reporting period until the Certificate of Completion is submitted. D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict Vessel Removal Best Management Practices (BMPs), (Attachment D). Failure to follow these BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties if it is shown that these practices were not followed. E. Certificate of Completion: Upon completion of the Project, the Contract Manager for the Grantee shall sign a Certificate of Completion form, Attachment H, attached hereto and made a part hereof, that certifies the project was completed in accordance with this Scope of Work and the Agreement. For reporting purposes this project will be submitted to the Executive Office of the Governor, a Letter of Return on Investment for the State is attached hereto and made part thereof as Attachment E to this agreement. 7. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 12 of the Agreement. 8. SUBCONTRACTS No additional requirements. Refer to Section 14 of the Agreement. 9. INSURANCE No additional requirements. Refer to Section 16 of the Agreement. 10. SECURITY AND CONFIDENTIALITY No additional requirements. Refer to Section 20 of the Agreement. 11. RECORD KEEPING REQUIREMENTS No additional requirements. Refer to Section 21 of the Agreement. 12. NON -EXPENDABLE PROPERTY No additional requirements. Refer to Section 12 of the Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY No additional requirements. Refer to Section 12 of the Agreement. 39 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after 40 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census. gov/sac/sainfo.html PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 41 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., 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 Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting 42 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part II of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment B — 43 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federa ' gram s ur`" CFDA # CFDA Title Amount N/A Total Federal Awards COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal 1 rogram(s) Compliance Requirements CFDA # Compliance Requirements Amount of Matching Funds N/A FWC Derelict Vessel Removal Grant Program $22,100.00 STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided by CFDA CFDA # CFDA Title Amount of Matching Funds 77.005 FWC Derelict Vessel Removal Grant Program $22,100.00 Total Matching Funds Associated with Federal Programs N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(s) CSFA # CSFA Title Amount 77.005 FWC Derelict Vessel Removal Grant Program $22,100.00 Total State Awards $22,100.00 44 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Proj ect(s) Compliance Requirements CSFA # Compliance Requirements 77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines (November 2019) NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. - End of EXHIBIT 1- 45 COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: (2) Fringe Benefits: (3) Travel: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. 46 Best Management Practices for DV removal Derelict Vessel Removal Process Attachment D Contract FWC-19240 Derelict vessels are existing impacts to the environment as well as boating safety hazards, impediments to navigation, and esthetic nuisances. Typically these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats causing greater impact as they become more deeply mired into the environment. Early extraction of these vessels will avoid and minimize the environmental impacts. In addition to these physical impacts resulting from the movement of these vessel through the environment; there is the long term effect caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time; the environmental impacts increase with the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessels disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore the early detection and removal of these abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment. Derelict Vessel Removal (FDEP) Permit Exemption An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption that the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at it current location. The environmental impacts are ameliorated by the application of the best management practices referenced below. Florida Administrative Code Chapter 62-330-051(5)(g) (g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided: 1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; 47 2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and 3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work. General Derelict Vessel Removal and Environmental Protection Best Management Practices The following best management practices (BMP's) will be employed by the marine contractor during the removal of derelict vessels. These BMP's will be incorporated into the contact for each vessel removal project. The marine contractor selected for the project will be required to show proof of their ability to meeting the BMP requirements with their contingency of equipment, staff and expertise in the removal of derelict vessels. Compliance with these BMP's will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMP's are as follows: a. All Work Is To Meet The Following Requirements: 1. Operations are to be limited to daylight hours. 2. Operations are to be staged from an upland area. 3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict vessel site. 4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected. 5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, and engine from the derelict vessel prior to, or immediately after extraction, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict vessel shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent blanket on the surface of the water around the derelict vessel within the turbidity barrier is required where free floating product (gas/oil) is observed. 6. The Contractor is to provide appropriate best management practices (BMPs) approved by the Florida Department of Environmental Protection for erosion control and turbidity 48 protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway. 7. The Contractor is to provide appropriate BMPs for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict vessel and around the perimeter of any upland staging site (where necessary). 8. The Contractor is to monitor turbidity levels throughout removal work. 9. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict vessel from the water. 10. The Contractor will assess turbidity levels and allow them to return to an acceptable level similar to pre -project condition prior to removal of turbidity measures. 11. The dragging of vessels is to be avoided both on and off -shore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground. 12. The Contractor will load derelict vessels onto a barge and/or flat bed truck (or similar) for proper disposal. 13. The Contractor is to photo -document all removals as described in Item 6 below with pictures taken before, during and after removal. The Contractor will provide a daily written report of all removal activities. b. For Derelict Vessels That Are Floating or Lightly Aground: 1. The vessel is to be pumped out as needed and extracted (floated out) during high water. 2. Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas. c. For Derelict Vessels That Are Hard Aground: 1. The vessel is to be approached using shallow draft vessels. 2. The vessel is to be extracted using a crane from a shallow draft deck barge, by hand using the best available tools, or similar approach to minimize impacts to the site and surrounding areas. d. For Derelict Vessels Sunken in Shallow Water: 1. Install and inflate flotation bags as needed. 2. Lift the vessel with barge mounted crane or similar equipment. 49 Attachment E To: FWC Contract 19240, Indian River County From: Phil Horning, Contract Manager RE: Return on Investment Reporting This Memorandum is to document the Return of Investment reporting language as mandated and approved by Florida's Executive Office of the Governor, Office of Policy and Budget, in to FWC Contract 19240. Return of Investment reporting: The ultimate objective is for the vessel(s) to be removed from the water at the earliest possible time to prevent additional removal costs and potential damage by interfering with navigation or the environment. Removing vessels at the earliest possible time reduces the cost of removing vessels at a later time when they frequently sink or break apart thereby increasing removal costs. By eliminating these hazards from navigation, there is a reduced chance of injury or death associated with a collision between a boater and a derelict vessel thereby reducing risk to the boater, county and state. Removing a greater number of derelict vessels reduces the number of environmental incidents of pollution caused by spilled fuels and oils and the leaching of caustic chemicals into the waters of the state. A reduction of derelict vessel damage to sea grasses, corals, and other benthic resources also increases value to our states natural resources and reduces restoration costs. Derelict vessels can also be a blight on working waterfronts, resort and residential areas. This blight can negatively affect the economy of these areas including use, sales and tourism. Analysis at the program's conclusion will list the number of derelict vessels and/or total linear feet removed for both individual counties and the statewide total. The average cost for vessels removed and the average cost per linear foot will also be included. The report will measure the percentage of derelict vessels removed for both counties and the entire state based on the pre-program totals as listed in the Statewide Derelict Vessel Database. 50 Billed to: Fish and Wildlife Conservation Commission FWC Derelict Vessel Removal Grant Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Remit payment to: Grantee: Indian River County BOCC FEID #: 59-6000674 Address: 1801 27th Street, Bldg A Vero Beach, Florida 32960 INVOICE Attachment F Invoice No. 19234 PROJECT COSTS: Invoice Date: FWC Contract #: FWC-19240 Amount of Grant Award: $22,100.00 Billing Period/Dates of Service: From: To : (Date Contactor Began Work) (Date Contractor Completed Work) In-kind Services — Non-cash expenses: Amount In-kind service: Administration $ N/A In-kind service: Project Management $ N/A In-kind service: Other $ N/A Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount Vessel 1 FWNE18OFF009604 $ 3,200.00 Vessel 2 FWNE19OFF017731 $ 3,200.00 Vessel 3 FWNE19OFF017729 $ 3,600.00 Vessel 4 FWNE19OFF015871 $ 3,000.00 Vessel 5 FWNE16OFF014476 $ 2,500.00 Vessel 6 FWNE19OFF015332 $ 3,800.00 Vessel 7 FWNE19OFF010463 $ 2,800.00 Total Project Cost: $22,100.00 Grantee Share (0%): — $ N/A Amount for Reimbursement: $22,100.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Date: 51 FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # 19240 Reporting Period (Month/Year): (Due 15 days after the end of each month) Grantee: Monroe County BOCC Project Title: Indian River County Derelict Vessel Removal Project 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑ Anticipated Phase I completion date: (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs ❑ Draft acknowledgement Project Manager Date Print Name Phone 52 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Derelict Vessel Removal Grant Program CERTIFICATION OF COMPLETION STATEMENT I, Quintin Bergman, Representing Indian River County BOCC, do hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC Contract No.19240, has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Date: Name: Title: 53 GRANT NAME: FWC Bulk Derelict Vessel Removal Grant GRANT # FWC19240 AMOUNT OF GRANT: $22,100 DEPARTMENT RECEIVING GRANT: Public Works / Coastal Engineering Division CONTACT PERSON: Ouintin Bergman TELEPHONE: (772)226-1648 1. How long is the grant for? 5 months Starting Date: 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant N/A % 5. Grant match amount required -0- Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A — No Match Required Yes X No Yes No 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $n First Year Grant Amount $22,100 Other Match Costs Not Covered $ Match $ Total $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: 2uudiuc &evsxac Date: 4/27/2020 54 Locations of Derelict Vessels Indian River County, Florida jo aeoasnan Inlet 1 _-- -Boat Ramp si C441.4 Z� r DV -3 Indian River BREVARD i •!f --- DV -4 Lagoon COUNTY Donald MacDonald t Park - Boat Ramp V. INDIAN RIVER COUNTY Dale Wmbrow Park" Boat Ramp SEBASTIAN ORCHID 85TH ST Legend 3111 Derelict Vessels Municipal 'Thr Boundaries County Boundary Seagrass Patchy KContinuous, Dense 1111W,. Alex DV-$ Alex MacWlliam Jl PaBasin Park fit, t. Document Path'. U:\Projects\Publicworks\CoestalEngineering\2020_0221_DeregctVessels_Removal_Map\DerelictVessels_ALL_2020 0428_v2.mxo Map Date: 4128/2020 DV -1 FWNE-18-OFF-009604 DV -3 FW NE -19 -OFF -017731 DV -4 FW NE -19 -OFF -017729 DV -5 FW NE -19 -OFF -015871 DV -6 FW NE -16 -OFF -014476 DV -7 FW NE -19 -OFF -015332 DV -8 FW NE -19 -OFF -010463 SEBASTIAN ORCHID 85TH ST Legend 3111 Derelict Vessels Municipal 'Thr Boundaries County Boundary Seagrass Patchy KContinuous, Dense 1111W,. Alex DV-$ Alex MacWlliam Jl PaBasin Park fit, t. Document Path'. U:\Projects\Publicworks\CoestalEngineering\2020_0221_DeregctVessels_Removal_Map\DerelictVessels_ALL_2020 0428_v2.mxo Map Date: 4128/2020 Locations of Derelict Vessels Indian River County, Florida BREVARD COUNTY •,, s •i INDIAN RIVER COUNTY Map ID Vessel Description Latitude 27.840347 MM -80.494008 DV -1 32' Endeavour Sailboat DV -3 32' Catamaran 27.82756 -80.469438 DV -4 36' Cabin Cruiser 27.827399 -80.469467 • • • . lR1 • • • • • •• • • • • • 1 Indian �.� • River Lagoon 2 IR2 Derelict Vessels • Navigational Aids Municipal r Boundaries County Boundary Seagrass Patchy KContinuous, Dense AO 125 0.25 0.5 Mile 32'kCATAMARAN "STRESS RELIEF" • 0 • to• • DVL3 k ▪ IR3 \ •= D,V-4' CITY OF SEBASTIAN Document Path: U'.\Projects\PublicWorks\CoastalEngineenng\2020_0221 DerelictVessels_Removel_Map\DerelictVessels_North_2020_0428 v2.mxd CAPTAIN MAIN ST ROBERT HARDEEBOATLAUNCH \56 Map Date: 4/28/2020 Locations of Derelict Vessels Indian River County, Florida 13 Is. ,• • • ••• • �• t 1' 0 \n (4 CAPTAIN ROBERT MAIN ST u" HARDEE BOAT LAUNCH • • •• 5. • • i •••• 5 5 CITY OF SEBASTIAN DV -5 t Map ID DV -5 Vessel Description 30' C&C Yachts Ltd Sailboat Latitude 27.81523 Longitu -80.466734 DV -6 25' Erickson Sailboat 27.813828 -80.456598 DV -7 38' Catamaran Sailboat 27.80485 -80.457433 IR4 .• t • 5 ti • • • • • '� SEBASTIAN • YACHT CLUB • 1WOODMERE RD • t -- • t DV -7 IR9A c 0 0 O cc �96 388SAILBOAT Legend Derelict Vessels Navigational Aids Municipal Boundaries t...RC6- S FIS t•. • IR10 109TH ST 0.125 0.25 0.5 Mile IR11 • Indian River Lagoon 1R12 • 1R13 • t 1R14 57 Document Path: U.\Projects\PublicWorks\CoastalEngineenng\2020_0221_DerakctVessels_Removal_Map\DerehctVessels_Central_2020_0221.mxd Map Date: 2/28/2020 Locations of Derelict Vessels Indian River County, Florida 4 41ST ST • IV% IR27A 1281 Map ID Vessel Description Latitude Longitude 4;12 N TOWN OF ti i INDIAN RIVER i� 13• • 29 i `SORES iR28 13 • 11i �• I .1 13 1.5 136 • 37TH ST IR29 25 Sea Ray Cabin Cruiser 27.658307 -80.377638 r}, Atlantic Ocean \ •1 •1 r; \ KRD O N 7 DV -8 J137 • • ALEX MACWILLIAM BOAT BASIN PARK BEACHLAND BLVD Legend khZ Derelict Vessels LJ • �M PL YAL PALM BLVD • Navigational Aids PL TH ST 77 Municipal -F Boundaries Seagrass Patchy KContinuous, 7TH ST Dense 21ST ST • • RIVERSIDE • PARK BOAT CITY OF • • RAMP IRIS LN VERO • • BEACH' •� • •• • • • I IR32 •_ •• I • •• • II 161 Document Path U:\Projects\PubbcWorks\CoastalEngineering\2020_0221—DerelictVessels_Removal_Map\DerelictVessels_South_2020_0221.mxo 0 0.125 0.25 E CAUSEWAY BLVD 0.5 Mile RIOMAR DR 58 Map Date: 2/28/2020 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 3 Beach and Dune Nourishment Project (IRC1925) APTIM, Work Order No. 2018006-7, Pre -Construction Services DATE: April 29, 2020 BACKGROUND AND DESCRIPTION On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Nourishment Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. The proposed Work Order No. 2018006-7 includes six (6) separate tasks pertaining to the pre - construction services of the Sector 3 Beach and Dune Nourishment Project. Task 1 covers continued coordination with permitting agencies for $3,711.00. Task 2 covers bid development, solicitation, and awarding for $12,928.00. Task 3 covers pre -construction submittals for $4,851.00. Task 4 covers pre -construction meetings for $8,097.00. Task 5 covers pre - construction design updates for $7,516.00. Task 6 covers coordination with the Sector 7 beach and dune restoration project for $4,530.00. Work Order No. 2018006-7 is for a lump sum amount of $41,633.00. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the pre -construction monitoring in the amount of $41,633.00 is budgeted and available for the Sector 3 Beach Nourishment Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Account No. 12814472-066514-17001. 59 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-7 in the total lump sum amount of $41,633.00. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-7. ATTACHEMENT APTIM Work Order No. 2018006-7 APTIM Scope, Work Order No. 2018006-7 APPROVED AGENDA ITEM FOR: May 12, 2020 60 WORK ORDER NUMBER 2018006-7 SECTOR 3 (WABASSO BEACH) BEACH AND DUNE NOURISHMENT PROJECT PRE -CONSTRUCTION SERVICES This Work Order Number 2018006-7 is entered into as of this day of , 2020 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 3 (Wabasso Beach) Beach and Dune Nourishment Project entered into as January 9, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, Inc. OF INDIAN RIVER COUNTY By: By: Beau C. Suthard, P.G. Susan Adams, Chairman Title: Program Director Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 61 Exhibit 1 APTIM April 3, 2020 Mr. James Ennis Indian River County Public Works - Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #7 Pre -Construction Services Dear James: Aptim Environmental & Infrastructure, LLC. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc. (APTIM) to provide professional services to Indian River County (the County) in support of continued development of the Sector 3 Beach and Dune Renourishment Project. The Sector 3 shoreline has endured long-standing background erosion primarily due to cumulative impacts of large storm events, most recently effects from Hurricane Matthew in October 2016, Hurricane Irma in September 2017, and Hurricane Dorian in September 2019. The Florida Department of Environmental Protection (FDEP) has designated this area as, "critically eroded with development and recreational interests being threatened" (Critically Eroded Beaches in Florida, FDEP, 2019) (R-20 to R-51.3). As directed from the most recent update of the County's Beach Preservation Plan (2015), the Sector 3 shoreline is to be managed with the "beach fill" strategy. The scope of work described herein is to support the County in continuing to develop the Sector 3 project by performing several pre -construction services. This proposal is intended to follow the design and permitting phase of the Sector 3 project. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006) Task 1: Continued Coordination with Permitting Agencies It is anticipated that FDEP will issue the final permit between April 2020 and May 2020. The continued coordination with permitting agencies task in this work order is to incorporate any additional comments or stipulations issued in the final FDEP and/or USACE permits issued for the project. Language within the technical specifications will be updated to conform to permit requirements. The final sediment QA/QC Plan, final FDEP Permit, and final USACE permit will be included in the bid documents. This task also includes any coordination required with the permitting agencies and the County leading up to the issuance of the Final Order including (Draft Permit, Notice of Intent (NOI), Public Notice, USACE Permit, Pre -Construction Submittals, and coordination and meetings). It is assumed within this scope that meetings held outside of the Pre -Bid meeting, Pre -Construction meeting (with the Contractor), and Pre - 62 APTIM April 3, 2020 Page 2 of 5 Construction meeting (with permitting agencies) will be held via teleconference. The scope of work and costs associated with the above referenced meetings are included in Task 2 and Task 4. Task 1: Scope of Work APTIM will continue coordination with permitting agencies through the issuance of the Final Order. Additional comments or stipulations received from permitting agencies will be incorporated in the technical specifications. The final permit documents will be added to the Bid Documents. If necessary, APTIM will prepare for and lead a web -based teleconference meeting to facilitate coordination with the regulatory agencies. Task 1: Deliverable APTIM will update the Bid Documents based on the final permits issued by the regulatory agencies. If necessary, APTIM will prepare for and lead a web -based teleconference meeting regarding any questions or comments from the permitting agencies. APTIM will provide the meeting minutes to all participants. Task 1: Schedule The schedule for this task is dependent on the timing of the issuance of permits from the regulatory agencies. APTIM will update the Bid Documents prior to the planned Bid Advertisement date. Task 1: Cost The lump sum cost for this task is $3,711.00. Task 2: Bid Development, Solicitation, and Awarding Task 2: Scope of Work and Deliverables In conjunction with the construction plans and specifications, front-end documents are developed to assist bid solicitation and award. These documents outline contractual obligations and define the responsible parties and their roles. It is assumed that the County will provide their front-end documents for inclusion into the bid package as in past projects. APTIM will assist the County with the solicitation and award of the project. APTIM will prepare for and attend a pre-bid meeting at the County's offices to describe the project and answer technical questions for potential bidders. APTIM will respond to questions submitted by potential bidders via an addendum. APTIM will review the bid packages for completeness. Based on the bid packages, APTIM will assess the capability of the bidder to complete the work in a timely fashion; assess the capability of the bidder to perform the work within their bid amount; and assess the capability of the bidder to perform the work in compliance with permit conditions, plans, and specifications. Following this review, APTIM will provide the County a letter of recommendation, via email, as to whether the low bidder is sufficiently responsive and capable to perform the work as required. This letter will be provided within 10 days of the bid submittals. Task 2: Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as it is unclear when the pre-bid meeting will be held and when technical 63 APTIM April 3, 2020 Page 3 of 5 questions will be received. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Task 2: Cost The lump sum cost for this task is $12,928.00 Task 3: Pre -Construction Submittals Task 3: Scope of Work and Deliverables APTIM will prepare the request for Notice to Proceed from the FDEP. The request will include the documents listed in the forthcoming permit. Based on previous permits issued to the County, anticipated documents include final construction plans and specifications; turbidity monitoring staff qualifications, turbidity monitoring scope of work and a draft turbidity monitoring map; hardbottom biological monitoring staff qualifications; sea turtle and shorebird monitoring staff qualifications; and the USFWS letter documenting application of the SPBO and P3BO. APTIM will upload the submittal to FDEP's JCP Compliance file transfer site. APTIM will also send the Commencement Notification letters to the FDEP and USACE after corresponding with the Contractor regarding their schedule to begin construction. Correspondence regarding the pre -construction submittals will be via phone and email. The County will be informed and/or copied on correspondence regarding this task. Task 3: Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Task 3: Cost The lump sum cost for this task is $4,851.00. Task 4: Pre -Construction Meetings Task 4: Scope of Work and Deliverables APTIM will prepare for, attend, and lead a pre -construction meeting with the permitting agencies and the County's Contractor at the County's offices. Following the meeting with the agencies, the County, APTIM and the Contractor will meet to discuss other aspects of the project. APTIM will take notes from the meetings and distribute draft meeting minutes via email within 10 days of the meeting. If comments are received, the meeting minutes will be revised and redistributed via email within 5 days that the comments are received. Task 4: Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as the Contractor's schedule is unknown. APTIM will attempt to execute 64 APTIM each phase of the work in as expeditious a manner as possible. Task 4: Cost April 3, 2020 Page 4 of 5 The lump sum cost for this task is $8,097.00 Task 5: Pre -Construction Design Update Task 5: Scope of Work and Deliverables The County will conduct a pre -construction survey of the project area during regularly scheduled monitoring in the summer of 2020. APTIM will overlay the bid template on the updated survey data and calculate the required fill volume. The updated fill volume will likely differ from the bid volume due to natural changes in the beach profile since the design survey was conducted. APTIM will discuss the updated fill volume with the County and revise the construction template to meet the County's budget and align with the permit conditions. A revised template for each pay profile will be provided to the Contractor via email. The County will be copied on correspondence regarding the design update. Task 5: Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as it is unknown when the surveys will be collected. APTIM will attempt to execute each phase of the work in as expeditious a manner as possible. Task 5: Cost The lump sum cost for this task is $7,516.00. Task 6: Coordination with Sector 7 Beach and Dune Restoration Project Task 6: Scope of Work and Deliverables It is APTIM's understanding that the County intends to construct the Sector 3 and Sector 7 projects concurrently. As a result, the County has requested that dredging and/or truck haul requirements within the technical specifications for the two projects do not contain conflicting requirements. Under this task, APTIM will coordinate with the County and the County's consultant for the Sector 7 project to ensure that the project specifications for the two projects do not conflict. For the cost associated with this task, it is assumed that APTIM will update and/or coordinate updates to technical specifications for the Sector 3 project. It is also assumed that one (1) coordination meeting between APTIM, the County, and the County's consultant for the Sector 7 project will be required. Any changes required to the technical specifications will be incorporated prior to bid advertisement. Task 6: Schedule The schedule of task specific deliverables is provided in the Scope of Work for this task. An overall fixed schedule cannot be developed as it is unknown when coordination with the Sector 7 project team will occur. However, APTIM will incorporate any changes required to the technical specifications prior to bid advertisement. 65 m APTIM Task 6: Cost The lump sum cost for this task is $4,530. Summary April 3, 2020 Page 5 of 5 The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #7 is $41,633.00. Please refer to Exhibit A, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon agency review and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as a guideline. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner as possible. We will coordinate with the County if deviations from the scope, schedule or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Christopher Paul, P.E. Project Manager 1 Coastal Engineer Aptim Environmental & Infrastructure, LLC. cc: Beau Suthard, PG, APTIM Eric Charest (IRC) Quintin Bergman (IRC) Thomas Pierro, P.E., D.CE, CPE Stacy Buck, CPE Corporate Signature Beau C. Suthard, PG Printed Name Program Director Title 66 FEE SCHEDULE Exhibit 2 — Summary of Cost and Labor Hours SPM REVISION: REV 20.1 L 11) 12 O �> O CO C O C) V O L CO Ira r N NC O V ' L oa V N 0 Summary of Cost by Task Mobilization/ N l6 47 f0 2 4) E a o- w O co —J Task Name Task Number $ 3,711.00 $ 12,928.00 $ 4,851.00 0 $ 7,516.00 $ 4,530.00 $ 41,633.00 0 ri Cr) 0 CO $ 276.00 $ 276.00 0 0 N Ln in 64 64 64 69 64 64 to 69 64 69 64 ER 69 69 69 64 $ 1,580.00 $ 5,600.00 0 $ 4,370.00 0 $ 2,040.00 $ 16,210.00 0 0 0 N EA 64 0 $ 7,052.00 $ 2,731.00 0 0 $ 2,490.00 Totals = $ 24,871.00 _ M u, V O N M r--- 61- 69 64 Continued Coordination with Permitting Agencies Bid Development, Solicitation, and Awarding Pre -Construction Submittals Pre -Construction Meetings Pre -Construction Design Update Coordination with Sector 7 Task 1 Task 2 CO Task 4 Task 5 Task 6 Y Cl) f4 f IRC Sector 3 — 2018006 — WO#7: Pre -Construction Services 13./4. MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 21, 2020 SUBJECT: County Attorney's Annual Employment Agreement My current employment agreement expires on July 1, 2020. I continue to enjoy my job, and would like to renew it for another year. A proposed agreement is attached. The only change from the current agreement is an increase in the annual compensation which reflects my current salary. RECOMMENDATION. The County Attorney recommends that the Board review the proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. ATTACHMENT(S). Proposed County Attorney Employment Agreement 68 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of _, 2020, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and Dylan T. Reingold ("County Attorney"). WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County"), in accordance with the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: 1. Recitals. The above recital is true and correct, and is incorporated herein. 2. Employment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for a term of one year commencing July 1, 2020 ("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated legal work for any other person or entity, without the approval of the Board of County Commissioners. 3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a) provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional, competent and timely manner. 4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with (a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice of law. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation, is contrary to the best interests of the County, or would be the basis for employee discipline under AM 801.1 of the Administrative Policy Manual ("Behavior of Employees"). The County Attorney shall notify the Board of County 69 Commissioners within three days of being formally charged by law enforcement, the State Attorney, the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above. 5. Salary. The County Attorney shall be paid an annual salary of $170,926.60 payable in 26 bi-weekly payments of $6,574.10, adjusted for required deductions. The County Attorney's salary shall be increased by any general or cost -of -living increases granted to other full- time, non -contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term. 6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non -contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b) the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the Florida Bar, or to maintain legal specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with §112.061, Florida Statutes, (d) the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and (e) the County Attorney shall be included in the "Senior Management Service Class" of the Florida Retirement System. 7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. 8. Termination. A. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, expiration or non -renewal of this Agreement for any reason, the County shall not be obligated to pay, and the County Attorney waives any right to receive payment for, any unused, accrued vacation or sick time, any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or similar deferred income or retirement programs. 70 B. Notwithstanding the requirement of 30 days written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in section 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above. C. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise such right by delivering written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause shall automatically be deemed to have been a 30 day notice of termination pursuant to subsection 7A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for good cause. D. Nothing in this section 8 shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension (with or without pay), etc. 9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain only those contractual rights described herein. 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County, Florida. 71 14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. 15. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by the County Attorney and the Board of County Commissioners. 16. Entire Agreement. This written Agreement constitutes the complete and final agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Dylan Reingold Susan Adams, Chairman Approved: Date approved by BCC: May _, 2020 Jason E. Brown, County Administrator ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 72 13,B. MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 27, 2020 SUBJECT: School District Resolution Directing County to Place a Referendum on the Primary Election Ballot BACKGROUND. Per section 1011.73(2), Florida Statutes, a district school board, pursuant to resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school district may approve an ad valorem tax millage as authorized under section 1011.71(9), Florida Statutes. The millage authorized shall be levied for no more than 4 years. Per section 1011.71(9), Florida Statutes, school districts may levy, by local referendum or in a general election, additional millage for school operational purposes up to an amount that, when combined with non -voted millage levies, does not exceed the 10 -mill limit established in the Florida Constitution. Pursuant to section 1011.73(2), Florida Statutes, the School Board of Indian River County passed Resolution 2020-09 on April 28, 2020, directing the Indian River County Board of County Commissioners to call an election in conjunction with the primary election of August 18, 2020, at which the electors within the School District may vote on the approval of an additional ad valorem millage of 0.50 mill for school operational purposes for the 2021/2022, 2022/2023, 2023/2024 and 2024/2025 fiscal years. FUNDING. There is no funding associated with this item. Costs, if any, shall be paid by the School District pursuant to Florida law. RECOMMENDATION. The County Attorney's Office recommends that the Board approve the resolution as presented or as amended. ATTACHMENT(S). Proposed Resolution School Board Resolution 2020-9 73 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO CALL AN ELECTION FOR A REFERENDUM TO BE PLACED ON THE BALLOT OF THE AUGUST 18, 2020 PRIMARY ELECTION. WHEREAS, on April 28, 2020, the School Board of Indian River County passed Resolution 2020-09, providing for the holding of a referendum election to determine if the electors of the School District of Indian River County authorize the School Board of Indian River County to annually levy 0.5 mill for four years; and WHEREAS, the School Board of Indian River County directs the Board of County Commissioners of Indian River County to call for the election, as provided by section 1011.73(2), Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. A referendum is hereby called pursuant to section 1011.73(2), Florida Statutes, on the question set forth in the attached Resolution 2020-09 of the School Board of Indian River County. 2. Indian River County Supervisor of Elections is hereby directed to place such question on the ballot of the August 18, 2020 Primary Election; The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the Resolution duly passed and adopted this 12th day of May, 2020. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Susan Adams, Chairman Approved as to form and legal sufficiency: Dylan Reingold County Attorney 74 The School Board of Indian River County, Florida RESOLUTION NO: 2020-09 A RESOLUTION OF THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZE THE SCHOOL BOARD TO CONTINUE THE ANNUAL LEVY OF THE 0.50 MILL FOR FOUR (4) YEARS FOR ESSENTIAL OPERATING NEEDS; PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR PLACES OF VOTING, INSPECTORS, AND CLERKS; PROVIDING FOR AN OFFICIAL BALLOT; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR EARLY VOTING; PROVIDING FOR PRINTING OF BALLOTS; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by The School Board of Indian River County, Florida ("School Board"), acting as the governing body of the School District of Indian River County, Florida ("School District"), as follows: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to Section 1011.73(2), Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. The School Board hereby finds and determines as follows: A. The State of Florida has increased educational funding along with increased restrictions on how funding is to be used since the 2007-2008 fiscal year. B. All School Boards in the State of Florida, including this School Board, have experienced funding restrictions while operating expenses continue to rise. C. This legislative session the Legislature passed HB 5007 which increased the employer rates for the Florida Retirement System effective July 1, 2020. The Florida Education Finance Program (FEFP) funding formula does not include a specific revenue source to cover 75 these costs, which are estimated to be $232M for all school districts. The estimated cost for the School District is $1.4M. D. This legislative session the Legislature passed HB 7067 increasing the number of new Family Empowerment Scholarships allowed each year to 1 percent of the Unweighted FTE students in the FEFP. This is an increase of 29,000 scholarships above the current cap of 18,000. For 2019-2020, $103,529,750 was transferred from the School District budget to pay for these scholarships. Statewide the cost for 2020-2021 could exceed $300M. E. The School District has experienced operating budget shortfalls impacting the instructional requirements of our students, compromising the physical and psychological safety of our students, and hampering the ability to recruit, retain, and incentivize high-quality teachers and staff to create the highest skilled workforce on the Treasure Coast. F. The School District's educational funding per House Bill 5001 for the 2020-2021 fiscal year will increase by $4,572,420. However, this additional funding is not sufficient to cover the School District's financial requirements of: $3,001,107 for 2020-2021 Teacher Salary Increase Allocation, $3,164,057 for 2013-2014 Teacher Salary Allocation that is permanently included in the School District's salary accounts, $149,317 for additional Mental Health Services, $1,400,000 for the 2020-2021 Florida Retirement System increase and $3,900,000 for the Florida Retirement System increases from 2012-2013 to 2019-2020. Total financial requirement of $9,849,796 compared to increased funding of $4,572,420 or a loss of $5,277,376. G. The School District's funding for student transportation from the FEFP formula for the last four years has been approximately $3.5M compared to actual expenditures of approximately $5.4M, or a deficit of $1.9M. H. The School District's funding for instructional materials has remained flat for the last four year at $1.4M. However, when compared to the "Benchmark" funding of $1.8M in 2007-2008, funding for instructional materials has decreased $454K or 25%. Statewide, funding has decreased $35M or 13% compared to 2007-2008. I. The School District's funding for 2020-2021 compared to the "highest funding" before the "Great Recession for 2007-2008" reflects an increase in funding of $11,845,974 along with increased financial requirements totaling $12,686,252, or a loss of $840,278. J. In August 2016, the electorate of Indian River County approved via ballot referendum an Essential Operating Needs Millage of 0.50 mills for fiscal years 2017/2018, 2018/2019, 2019/2020, and 2020/2021. This voter approved millage referendum generates approximately $11 million per fiscal year for the School District of Indian River County. However, the authority granted for the voter approved millage expires at the end of fiscal 2020/2021. K. The School District needs sufficient revenues to maintain and improve its high- quality public schools. 76 L. Section 1011.73(2), Florida Statutes, provides electoral authorization of ad valorem millage for four (4) years for operating purposes pursuant to a voter referendum. M. Section 1011.71(9), Florida Statutes, authorizes a School District to levy, by local referendum, the continuation of additional millage for school operational purposes up to an amount that, when combined with the non -voted millage levy, does not exceed the 10 -mill limit established under the Florida Constitution. N. The School Board has determined it is in the best interest of the students in Indian River County to submit to the voters the question of continuing the ad valorem millage of a 0.50 mill for four (4) years for essential operating needs to provide high-quality educational opportunities for all students, recruit and retain high-quality educators, create technology -rich classrooms, and expand supports for school safety and mental health. O. The School Board has determined that it is in the best interest of the students in Indian River County to share the revenue generated by the 0.50 essential operating needs millage with the charter schools in Indian River County on a pro rata basis, established initially by the recalibrated unweighted full time equivalent (FTE) projection for each charter school and adjusted based upon the recalibrated October and February student survey counts of unweighted full-time equivalent (FTE) students, for each charter school to be used as described in the preceding paragraph. SECTION 3. ESSENTIAL OPERATING MILLAGE. Subject to approval by the electors of the School District at a referendum held as provided in Section 1011.73(2), Florida Statutes, a 0.50 mill shall continue to be levied within Indian River County for essential operating needs of the School District, as defined in the preceding Section, for the 2021/2022, 2022/2023, 2023/2024 and 2024/2025 fiscal years, in an effort to preserve essential operations of the School District. SECTION 4. REFERENDUM ELECTION ORDERED. The Board of County Commissioners of Indian River County, Florida is hereby directed to call an election in conjunction with the primary election of August 18, 2020, at which the electors within the School District may vote on the continuation of an ad valorem millage of 0.50 mill for four (4) years as authorized in §1011.73(2), Florida Statutes. SECTION 5. NOTICE OF REFERENDUM ELECTION. In accordance with § 100.342, Florida Statutes, the Superintendent is hereby authorized and directed to place a notice of the referendum election in a newspaper of general circulation published in the School District. The publication shall be made at least 30 days prior to the referendum election and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held. The notice of referendum shall be in substantially the form provided in the attached Exhibit A. This Resolution shall be published as a part of such notice. SECTION 6. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will be open at the voting places on the date of the referendum election. All qualified electors residing within the School District shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places, manner and procedures of 77 voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of Indian River County in accordance with law. SECTION 7. OFFICIAL BALLOT. The ballots to be used in the referendum election shall be in substantially the following form: The School District of Indian River County, Florida Continue Essential Operating Needs Referendum Election Shall the School District continue to levy a 0.50 ad valorem millage for essential operating needs to provide high-quality educational opportunities for all students, recruit and retain high-quality educators, create technology -rich classrooms, and expand supports for school safety and mental health beginning July 1, 2021, and ending four fiscal years later, which replaces the existing voter approved 0.50 ad valorem millage that expires June 30, 2021, with annual reporting to the citizenry? YES FOR APPROVAL NO FOR REJECTION SECTION 8. ABSENTEE VOTING. The Supervisor of Elections shall make adequate provision in accordance with law and procedures lawfully enacted by the Supervisor for voting by absentee voters. The form of ballots to be used in the referendum election by and for absentee voters shall be the same as used in the polling places for the referendum election. SECTION 9. EARLY VOTING. The Supervisor of Elections shall make provision in accordance with the established procedures of that office for participation by the voters in early voting. The form of ballots to be used in the referendum election for early voting shall be the same as used in the polling places for the election. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River County shall print on plain white paper a sufficient number of the ballots for use of absentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date and time for opening of the polls for the referendum election; and to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections of Indian River County shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding elections in the School District. Returns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. 78 SECTION 12. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. SECTION 13. REPEALING CLAUSE. All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. SECTION 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. ADOPTED at a duly noticed public meeting of The School Board of Indian River County, Florida, the 28th day of April 2020, with a quorum present and voting. THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: Laura Zorc, Chairman ATTEST: David Moore, Ed.D., Superintendent APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Suzanne D'Agresta, Esquire School Board Attorney 79 EXHIBIT A NOTICE OF REFERENDUM ELECTION IN THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, ON AUGUST 18, 2020 NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION will be held on August 18, 2020, in the School District of Indian River County, Florida, for the purpose of determining whether or not the electors in the School District approve to continue the levy of 0.5 mill for essential operating needs of the School District for 2021/2022, 2022/2023, 2023/2024 and 2024/2025 fiscal years; all as more specifically described and provided in a Resolution of the School Board of Indian River County, Florida, adopted April 28, 2020, and published below. The polls will be open at the voting places on the date of the referendum election and absentee voting and early voting will be available for the referendum election, all as provided in the Resolution published below. All qualified electors residing within the School District shall be entitled, qualified, and permitted to vote at the referendum election. [INSERT RESOLUTION ONCE ADOPTED] 80 School Board of Indian River County Critical Millage Justification Fiscal Historical Summary April 14, 2020 Background Article IX, section 1 of the Florida Constitution establishes the State of Florida's commitment to funding kindergarten through grade 12 education, as follows: "The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the State to make adequate provisions for the education of all children residing within its borders. Adequate provisions shall be made by law for a uniform, efficient, safe, secure and high-quality system of free public schools to allow students to obtain a high-quality education." In 1973, the Florida Legislature enacted the Florida Education Finance Program (FEFP) and established the State policy on equalized funding to guarantee to each student in the Florida public education system the availability of programs and services appropriate to his or her educational needs that are substantially equal to those available to any similar student notwithstanding geographic differences and varying local economic factors. To equalize educational opportunities, the FEFP formula recognizes: (1) varying local property tax bases; (2) varying education program costs; (3) varying costs of living; and (4) varying costs for equivalent educational programs due to sparsity and dispersion of the student population. The FEFP is the primary mechanism for funding the operating costs of Florida school districts. A key feature of the FEFP is that it bases financial support for education upon the individual student participating in an educational program rather than upon the number of teachers or classrooms. FEFP funds are primarily generated by multiplying the number of full-time equivalent (FTE) students in each of the funded education programs by cost factors to obtain weighted FTE students. Weighted FTE students are then multiplied by a base student allocation and by a district cost differential to determine the base funding from State and Local FEFP funds. Program cost factors are determined by the Florida Legislature and represent relative cost differences among the FEFP programs. In addition to the base funding allocation, two major allocations funding sources within the FEFP are the Supplemental Academic Instruction Allocation and Exceptional Student Education (ESE) Guaranteed Allocation. The accompanying table contains selected line items from the Florida Education Finance Program (FEFP). The items were selected because they contain the bulk of the recurring State and Local funds provided in the FEFP and give the best insight into the district's General Fund revenue. The revenue provided in the First Calculation of FY 2007-2008 and the Third Calculation of FY 2019-2020 were compared to the revenue projected in the House Bill 5001 First Calculation of FY 2020-2021. The State and Local recurring revenue in the FEFP First Calculation of FY 2007-2008 were the highest levels, benchmark funding before the "Great Recession". Since the First Calculation of FY 2007-2008 inflation as measured by the Consumer Price Index (CPI -All Urban Consumers (CPI -U) U.S. City Average) has reduced the purchasing power of the 81 district dollar by 25.16% (April 2007 compared to February 2020). For example, and item priced at $1.00 in 2007 would be priced at $1.25 in February 2020. Since the FY 2007-2008 FEFP First Calculation the district has experienced an increase in total recurring FEFP state and local funding $11,845,974. However, if the total funds from 2007-08 had increased based on the changes in CPI -U cited above, the total revenue in FY 2020-21 would have increased by $32,020,716 compared to $11,845,974, or $20,174,742 additional funding. Since the First Calculation of FY 2007-08 the Legislature has increased funding AND added the following required expenditures from the recurring state and local revenue based on House Bill 5001. Net funding increase of $11,845,974, less the following additional funding requirements of $9,236,252 results in net funding to the district of $2,609,722 before the impact of FRS. After the FRS impact, net funding for the district is negative $840,278. See attached summary table. 1. Teacher Salary Increase Allocation 2020-21: $3,001,107 additional mandatory teacher allocation that will become permanently included in future salary schedules. 2. Teacher Salary Allocation 2013-14: $3,164,057 was provided for a mandatory teacher salary allocation that was subsequently permanently included in the district salary account and was rolled into base funding and is a recurring expenditure. 3. Class Size Reduction: $1,584,784. The funds were required to pay for the full implementation of the Constitutional requirement. 4. Mental Health Services: $668,781. The funds accompany increased requirements for schools to provide mental health services that will exceed appropriation. 5. Safe Schools: $666,141. The increased funding came with increased responsibilities that exceeded funding. 6. Digital Classrooms: $104,295. The funds for this categorical requirement have been reduced $670,802 or 87% since 2016-17 and there has been no decrease in the growth for digital classrooms and technology. 7. Reading Allocation: $36,449. The funds accompany increased requirements for schools to provide services that will exceed the appropriation. 8. Teacher Supply Allocation: $10,638. Small increase for Teachers supplies for classrooms. 9. Total requirements of $9,236,252. 10. Net funding impact to the district, $2,609,722, before impact of FRS. 11. Less FRS increases from 2006-07 to 2019-20 of $2,050,000 plus proposed increase for 2020-21 of $1,400,000 for a total of 3,450,000. 12. Net to district after new requirement and FRS impact: negative ($840,278) since 2007- 08 or 14 years. 82 Florida Retirement System (FRS) rates for regular class will increase from 8.47% to 10.00% or approximately 1.53% for 2020-21. Based on current salaries the projected increase cost to the district $1.4M. In 2011-12, FRS rates were amended, and employees were required to contribution 3% of their salary to their retirement account. This amendment reduced the district FRS rates from 10.77% to 4.91%. However, since 2011-12, the district FRS rate has increased every year and cost the district approximately $3.9M. If we only compare the 2020-2021 House Budget 5001 to the 2019-2020 Third FEFP Calculation, the net funding increase to the district is $22K before the impact of FRS. Once we consider the FRS impact for 2020-21 of $1.4M and the FRS increases from prior years of 2012-13 to 2019-20 of $3.9M, the net increase becomes a net decrease funding of $5.3M. See attached summary table. Net funding increase of $4,572,420, less the following additional funding requirements: 1. Teacher Salary Increase Allocation 2020-21: $3,001,107 additional mandatory teacher allocation that will become permanently included in future salary schedules. 2. Teacher Salary Allocation 2013-2014: $3,164,057 was provided for a mandatory teacher salary allocation that was subsequently permanently included in the district salary account and was rolled into base funding. 3. Best and Brightest Allocation: $1,764,649. The bonus was discontinued, and previously appropriated revenue was used to offset the cost of the new Teacher Salary Allocation. 4. Mental Health Services: $149,317. The funds accompany increased requirements for schools to provide mental health services that will exceed the appropriation. 5. Total Requirements of $4,549,796. 6. Net funding impact to the district, $22,624, before impact of FRS. 7. Less FRS increases from 2012-13 to 2019-20: $3.9M plus proposed increase for 2020-21 in the amount of $1,400,000 for a total of $5,300,000. 8. Net to district after new requirement and FRS impact: negative ($5,277,376). In addition to the changes in FEFP funding changes detailed above, the district also generates capital funding. In FY 2007-2008, the district generated approximately $36M in local discretionary capital improvement funds from the 2.0 mills authorized by the Legislature. In FY 2020-2021 it is projected that the district will be able to generate approximately $31M in local discretionary capital improvement revenue from the 1.5 mill levy authorized by the Legislature, a decrease of approximately $5M compared to the original 2.0 mills levy in 2007-2008. Over the past 14 years the reduction in the local discretionary capital millage from the high of 2.0 mills to the current level of 1.50 mills has resulted in a loss capital revenue of approximately $100M to the district. For 2020-21 the district will receive a Hold Harmless Funding Compression Allocation in the amount of $1M for the decrease in the District Cost Differential (DCD). For 2020-21 the district's 83 DCD will be reduced from 1.0022 to 1.0006 or .0016 or a 0.16%. For impact comparison, the Base School Allocation for 2020-21, based on House Bill 5001 increased $40.00 compared to the 3rd FEFP calculation. Once we factor in the DCD of the prior year the district would have received an increase of $49.50 per FTE. However, with the reduction in the DCD the district will receive $33.18 or $16.33/FTE less. This allocation will be a one-time allocation for 2020-21. District Cost Differential (DCD) Section 1011.62(2), F.S., requires the Commissioner to annually compute District Cost Differentials (DCDs) by adding each district's Florida Price Level Index for the most recent three years and dividing the sum by three. The result is multiplied by 80% and divided by 100, and 20% is added to the product to obtain the DCD. This serves to limit the factor's adjustment to 80 percent of the index (i.e., the approximate percentage of district salary costs to total operating costs). The three-year averaging reduces the immediate impact on districts of fluctuations in the index. The district will also have to fund an additional item that was not appropriated in the FEFP calculation. In 2019-20 the district's funding was reduced by $300,376 for Florida's Family Empowerment Scholarships. In the 2019-20 Third FEFP calculation, the funding of all district's was reduced by $103,529,750. The largest were Broward County Schools at $11M, Miami -Dade Schools at $22M, Duval County Schools at $7M, and Orange County Schools at $11M. This was a new reduction for all districts and the requirement is expected to double for 2020-21. For 2019- 2020, $103,529,750 was transferred from the School District budget to pay for these scholarships. Statewide the cost for 2020-2021 could exceed $300M. For Indian River Schools, the district will need to set aside $600,000 for 2020-21 for this requirement. Family Empowerment Scholarships are funded at 95 percent of Florida's unweighted full-time equivalent amount ($7,250 in 2019-20) or a private school's tuition and fees, whichever amount is less. Payments are transferred quarterly from the state's general revenue fund for parents to use at participating private schools. A total 18,000 scholarships were authorized in 2019-20. House Bill 7067 allows for a maximum increase of 1% of the state's public -school enrollment, or an additional 29,000 scholarships for a potential of total 47,000 scholarships. Historically, expenditures for student transportation services has exceeded the FEFP allocation. For the last four years the actual expenditures for transporting students has been approximately $5.4M. Funding from the FEFP calculation has been approximately $3.5M or a deficit of $1.9M. The district has streamlined operations to reduce cost increase efficiency. The district currently operates a fleet of 103 school buses, 63 are liquid propane with another 10 to be added this summer. The district transports students over 100 miles each day on 84 routes or 8,400 daily miles or 1.6M miles a year. There are approximately 85 full time bus drivers. Instructional Material funding has remained flat for the last four years at $1.4M. However, when compared to the "Benchmark" funding of $1.8M in 2007-08, funding for instructional materials has decreased $454K or 25%. Statewide, funding has decreased $35M or 13% compared to 2007-08. Summary In summary the FEFP funding has not kept pace with inflation, the growing demand for recruiting and retaining highly qualified teachers and staff, expanding transportation services for student choice, increasing mental health services for students and community members, increased vigilance for safe and secure school facilities for students and staff, special programs such as, Family Empowerment Scholarship, the growing demand for digital teaching and technology, and the loss of major capital funding for the district. 84 The next couple of years will be challenging and complex for the district as we manage to overcome obstacles with reduced discretionary funding, increased restricted or categorical funding, regional and global economic uncertainty, resources to recruit and retain highly qualified teachers and staff, continual professional development to modify behavior and actions to ensure the success of each and every student and employee of Indian River Schools and it's community. The district sees the following "High Impact Opportunities". • Provide high-quality educational opportunities for all students. • Recruit, retain, and incentivize high-quality teachers and staff to create the highest skilled workforce on the Treasure Coast. • Expand support to promote physical and psychological safety for students and staff. • Create 21st Century Learning Environments through the creation of technology -rich classrooms. 85 [ 3 , C, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 1, 2020 SUBJECT: Termination of Tower Structure Lease Agreements for 1340 Old Dixie Highway and 810 Bailey Drive BACKGROUND. Indian River County ("County") County leases property at 1340 Old Dixie Highway from the City of Vero Beach. That lease is set to expire in 2026. In December 1995, County entered into an agreement with Talcom, Inc., in which Talcom, Inc. made a one-time payment to County in exchange for the right to build a tower at the location (the "South Tower Lease Agreement"). As part of the South Tower Lease Agreement, County was able to install facilities on the tower. The South Tower Lease Agreement is set to expire on December 18, 2020. Per the South Tower Lease Agreement, upon termination, the tenant must remove all of its property and equipment from the property and the tower and the building become the property of the County. The County can terminate the South Tower Lease Agreement by providing written notice of the intent to terminate at least six months prior to the next term, which would be effective December 19, 2020. There is a sublease with Verizon Wireless under the South Tower, however, to date Verizon Wireless has not made any payments, as the County and Verizon Wireless have had issues with the installation of the Verizon Wireless equipment on the tower. Additionally, County owns the property located at 810 Bailey Drive in the City of Sebastian. A similar agreement with Talcom, Inc. was entered into in December 1995 for the 810 Bailey Drive property (the "North Tower Lease Agreement"). Currently, the County receives income from subleases under the North Tower Lease Agreement. The current monthly revenue is $4,801.92 with a 3% annual increase. The County also receives income from a lease directly with M/A COM, which is an annual revenue of $12,000, and a lease directly with FPL, which for the period between April 2020 and March 2021 is $10,964.38. This amount is subject to a 4% annual increase. The County Attorney's Office recommends that the Indian River County Board of County Commissioners ("Board") authorize the County Attorney's Office to send notice of termination to New Cingular Wireless, the assignee of the South Tower Lease Agreement and North Tower Lease Agreement, and all subtenants on both towers. Currently, the County brings in $4,801.92 with a 3% annual increase per month from the 86 Board of County Commissioners May 1, 2020 Page 2 subleases of the North Tower Lease Agreement and the South Tower Lease Agreement. The County Attorney's Office also recommends that the Board authorize County staff to procure a consultant with expertise in communications leases who can assist the County in obtaining a lease with a carrier for collocation space on the towers at the best possible rental rate. The goal would be to procure these services as quickly as possible so that the County would be able to negotiate new leases with tenants for these two towers as soon as possible. The consultant would also be available to assist in negotiations for leases on other County structures. The leases with M/A COM and FPL are not being proposed to be terminated at this time. FUNDING. The loss in revenue due to termination of these leases is $4,801.92 with a 3% annual increase per month. It is staff' s intent to ensure new leases are in place shortly after December 18, 2020 to insure minimal revenue impacts. The cost of the consultant's services is not yet known and will be funded via budget amendment after an award is approved by the Board. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners ("Board") authorize the County Attorney's Office to send notice of termination to all tenants on both towers. The County Attorney's Office also recommends that the Board authorize County staff to procure a consultant with expertise in communications leases who can assist the County in obtaining a lease with a carrier for collocation space on the towers at the best possible rental rate. 87 Office of Attorney's Matters 05/12/2020 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 6, 2020 SUBJECT: Purchase of a parcel of right-of-way located at 4740 58th Avenue, Vero Beach, Florida, owned by Paulette Brown Paulette Brown owns a 0.98 acre parcel of property located at 4740 58th Avenue. This site is rectangular in shape with 146 feet of frontage along 58th Avenue and is 293 feet deep. The property is located inside the urban service boundary and is zoned RS -6, single family, up to six units per acre. The property was improved with a 4 bedroom, 3 bath, 2,090 sq. foot wood frame house built in 1990 which included a two car garage. The home was severely damaged by a fire in April 2019 and was demolished late last year. Ms. Brown has hired a contractor to build a new house on the existing lot. Construction of the new house is under way, with the walls and the roof in place. The site also contains a detached storage shed. This property is Ms. Brown's homestead property. An appraisal on the residence before the fire established the value of the entire parcel at $220,000. The partial taking was valued at $44,516. Severance damages may apply as the take will result in a 22% reduction to the size of the property if the Murphy Reservation is ignored or 14% if the Murphy Reservation is used. A copy of the appraisal is available for review at the Board of County Commissioners office. According to the appraisal report, the kitchen and master bath were recently improved within the last 5 years. Updates to other areas of the home appear to have been made to accommodate wheel chair access. On January 7, 2020, the Board approved an unconditional offer of $70,000 to Ms. Brown for purchase of the needed right-of-way for the 58th Avenue Project. 88 In order to accommodate the planned improvements to 58th Avenue, the County needs to acquire approximately 0.22 acres from Ms. Brown, 0.08 acres of which is encumbered by a Murphy Reservation. Site improvements lying within the area of take include approximately two thirds of the concrete circular drive, a majority of the front yard aesthetic pond, palm trees and some landscaping. Two brick pillars have been constructed at the entrance to the driveway, but the pillars lie within the Murphy Reservation. The home lies outside of the area of take and will be approximately 70 feet from the new right-of-way line. A copy of the sketch of the part to be taken is attached to this memorandum. On March 5, 2020, a pre -suit mediation was held with Ms. Brown, her son Martin and her attorney, David Holloway. The County was represented by Public Works Director Rich Szpyrka, Acquisition Agent Monique Filipiak, Assistant County Attorney Susan Prado, and Deputy County Attorney Bill DeBraal. The mediator was Tony Rodriguez, Esq., who retired from the Broward County Attorney's Office and worked in the eminent domain section. The appraiser hired by Ms. Brown established a value of the property taken at $252,890, using comparable parcels that included a parcel with frontage on the Sebastian River and a parcel zoned Light Industrial. At the conclusion of the mediation, the mediator asked if the County would present the below offer to the Board for the Board's consideration. Given the amount of staff time invested in this take, the fact that it is the last parcel needed for construction to commence the project and that the offer was not clearly unreasonable, it was agreed that the offer would be presented to the Board for consideration. The mediator pointed out that this is an unusual case as the prior home burned and was demolished. During the course of an eminent domain trial, the jury makes a visit to the property to view the parcel and walk through the home. In the case at hand, the jury visit would be conducted in a new house rather than the old house. Further complicating matters would be the significant changes that have taken place all around the Brown property. Arabella Reserve Subdivision has installed drainage ponds on either side of the Brown property and cleared the land behind the Brown parcel and installed a road and will begin construction on new houses in the subdivision. These changes make it difficult to predict what the jury may ultimately award as damages to Ms. Brown. At the conclusion of the mediation, the Browns offered the following settlement terms: • Purchase price of the needed 0.22 acres of right-of-way would be $100,000. • During construction of the 58th Avenue improvements, the county's contractor would install an 18 -foot driveway at a location to be determined by Ms. Brown. • Attorney's fees of $10,000 and expert witness fees of $9,500, both of which are significant reductions. 89 • The County's closing agent would work to obtain a partial release of mortgage from Ms. Brown's mortgage holder. The total cost of the acquisition would be $119,500. The County Attorney's Office recommends settlement of this matter for that amount for the reasons set forth above and to avoid future costs which would easily exceed $30,000 if the matter went to trial. The County Administrator does not support the purchase price, costs and fees due to the fact that they far exceed the amount of the $70,000 offer made by the Board earlier this year. Funding: Funding is budgeted and available in account # 31521441-066120-15813, Optional Sale Tax/right-of-way/58th Avenue 4 lanes 26th Street to CR 510. Recommendation: Staff recommends the Board discuss this mediation result and adopt the County Attorney's Office recommendation of a total settlement in the amount of $119,500. Copies to: David Holloway. Rich Szpyrka Monique Filipiak 90 0 E wg ROW DEDICATION #1 - SKETCH 49TH STREET P.O.C. N.W. CORNER OF THE S.W. 21 Y4 OF SECTION 21-32j-39 I.R.F.W.C.D. SUB—LATERAL } R/W LINE 50074 646. 69 W Liz JI� 3 � IH � ¢ I II BASIS OF BEARINGS S0014'37"W WEST LINE OF SECTION 21 32-39-20-OODO1-0090-00001.0 tal ce In FL o a W w 0. d o: 60' In CD IY Iv /i MURPHY RESERVATION 589'45 23 E 25.00' P.O.B. %1 RIGHT OF WAY II DEDICATION S89'46'15"E H-2 CANAL R/W LINE / NORTH LINE OF THE SW 1/4 32-39-91-00201-0120-00001.0 GHO ADDISON RESERVE CORP SITE ADDRESS. 49TH ST OR.B. 3076, PG R19 10' LICENSE AGREEMENT 32-39-21-00001-0120-00002.0 GHO ADDISON RESERVE CORP SITE ADDRESS: 4810 58TH AVE O.R.B. 3055, PC 1598 PROPOSED R/W UNE 67.00' j -I 10' LICENSE AGREEMENT WI I Min o4 67.00' 1 132-39-21-00001-0120-00003.1 BROWN, PAULETTE �'9TE ADDRESS 4740 58111 AVE O.R.B. 1532, PG 225 S0014.37"W 146.07' N89'46'1 5"W R2-39-21-00001-0120-00003.3 16110 ADDISON RESERVE CORP I O.R.B. 3055, PG 2453 I 10' LICENSE _ —1 r— AGREEMENT r32-39-21-00001-0120-00003.0 GHO ADDISON RESERVE CORP O.R.B. 3055, PG 2453 SEC. 21, TWP. 32 S., RANGE 39 E. SURVEYOR'S NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2. THE BEARING BASE FOR THIS SKETCH REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE BEARS SOUTH 0014'37" WEST. 3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTING DURING REPRODUCTION PROCESSES. LEGEND D.R.B. P.O.C. P.O.B. PG SEC. TWP RNG R/W P.S.M. RIGHT OF WAY DEDICATION RIGHT OF WAY LINE SECTION LINE LICENSE AGREEMENT LINE OFFICIAL RECORDS BOOK POINT OF COMMENCEMENT POINT OF BEGINNING PAGE SECTION TOWNSHIP RANGE RIGHT OF WAY PROFESSIONAL SURVEYOR AND MAPPER W N 0 S 100' GRAPHIC SCALE This certifies thot o legal description and sketch of the property shown hereon was mode under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida Board of Professional Surveyors and Mappers In Chapter 5J-17, Florida Administrative Code, pursuont to Section 472.027, Florida Statutes, and that this drawing is a true and accurate representation thereof to the best of my knowledge and belief. Subject to notes and notations shown hereon. 1 • E.C. DEMETER, P.S.M. NO. 5179 DATE. /.- a 9 -a d 0 Not valid without the signature and the original raised seal of o Florida Licensed Surveyor and Mapper. SCALE AS NOTED D ESIGNED BY DFD D RAWN 8Y DIT) CHECKED BY ECD Kimsey>>> Horn © 2018 KINLEY-HORN AND ASSOCIATES, INC. 445 247H S7REET, SUITE 220, VERO BEACH, FL 32980 PHONE 772-794-4100 FAX: 772-794-4130 WOMAN LEY -HORN. CON DATE 2/21/18 PROJECT N0. 047897026 58th AVENUE RIGHT OF WAY DEDICATION INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 of 2 91 0 E 0 ROW DEDICATION k1 — DESCRIPTION Feb 21, 2018 1:57pm LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 00'14'37" WEST, ALONG THE WEST LINE OF SECTION 21, A DISTANCE OF 646.69 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE OF SECTION 21, BEARING SOUTH 89'45'23" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89'4615 EAST, A DISTANCE OF 67.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 146.07 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 0014'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 146.07 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 9,786 SQUARE FEET OR 0.22 ACRES, OF WHICH 3,651 SQUARE FEET OR 0.08 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SCALE AS NOTED DESIGNED BY DRAWN BY DFD CHECKED BY ECD Kimley*Horn © 201B KIIILEY-HORN AND ASSOCIATES, INC. 445 24171 STREET, SUM 200, VERO BEACH, FL 320E0 PHONE 772-704-4100 FAX: 772-704-4130 WOOLKIWLEY-HORN.COIA DATE 2/21/18 PROJECT NO. 047897026 58th AVENUE RIGHT OF WAY DEDICATION INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 of 2 92 BCC AGENDA COMMISSIONERS MATTERS i4.r. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 93